Guilty verdict in pot-growing trial
MacNearneys to be sentenced today; defence says they'll call character witnesses
Daniel Campbell
Northern News Services
Published Friday, December 13, 2013
SOMBA K'E/YELLOWKNIFE
After just over an hour of deliberation, a 12-person jury found Kim and Craig MacNearney guilty of the production and possession of marijuana on Wednesday.
Craig and Kim MacNearney leave the Yellowknife courthouse last Friday. They were both found guilty of production and possession of marijuana, but not guilty of possession for the purpose of trafficking, on Wednesday. - Daniel Campbell/NNSL photo |
The couple was originally charged with possessing marijuana for the purpose of trafficking, but the jury found them not guilty of that offence and downgraded the conviction to simple possession.
The MacNearneys were arrested on Feb. 19, 2009, after RCMP found 20 marijuana plants and 729 grams of cultivated marijuana in their home at Northland Trailer Park.
During her final submissions Wednesday morning, defence attorney Alison Crowe said Kim suffers from intermittent back pain and uses marijuana as an alternative to heavy painkillers.
"She had no intention of being disabled if she could find a solution," Crowe said.
The MacNearneys admitted to growing and possessing marijuana without a licence in an agreed statement of facts shown to the jury at the start of the trial.
Kim received a licence to possess medical marijuana after her arrest, and Craig was recently authorized to grow medical marijuana - although they no longer grow any marijuana at home.
In his final submissions, Crown prosecutor Ryan Carrier stated the fact the MacNearneys are permitted to grow and possess marijuana now is "irrelevant."
The case was clear for him, he said - the MacNearneys were intentionally producing and sharing their marijuana with other people.
"The simple act of giving another person some marijuana falls within the law of trafficking," he said.
Following the lawyers' submissions to the jurors, Justice Virginia Schuler gave the jury extensive instructions on the law in this case and how to apply it.
Schuler emphasized the MacNearneys' admissions to knowingly possessing and growing marijuana. Her instructions, at times, mirrored the Crown's final submissions, calling the MacNearneys' current marijuana licences "irrelevant" in this case.
"Even if you are inclined to think it was reasonable for Mrs. MacNearney to use marijuana for her condition ... it's not a defence to the charges," Schuler said.
Crowe made an application on Tuesday to inform the jurors of their right to jury nullification.
In Canada, juries have the power to refuse to apply the law "when their consciences permit no other course." The notion is inherited from 18th century English law, and was re-established by the Supreme Court of Canada in 2006.
Schuler ruled Crowe could not specifically use the phrase "jury nullification," but was instead allowed to emphasize that it was the "sole prerogative" of the jury whether or not to make a conviction in the case.
Before closing, Crowe spoke to the good character of her clients, calling them loving parents of two young children, ages six and seven, and responsible members of the community.
She emphasized the trauma the MacNearneys underwent since their arrest, including damage to their home and Kim's summary demotion at work.
"Never doubt the arbitrary authority of the state, ladies and gentlemen," Crowe told the jury.
After the jury read their verdict, Crowe had them individually polled to see if they agreed with the verdict. All 12 confirmed their agreement.
Sentences for marijuana possession range from fines to prison time, according to the Controlled Drugs and Substances Act.
Production of marijuana is an indictable offence, and can carry harsher sentences.
The MacNearneys appeared distraught leaving the courthouse on Wednesday. Their lawyer declined to speak with media. The couple are scheduled to be sentenced Friday morning. Crowe said she plans on bringing character witnesses to testify at the sentencing hearing.
