Pubdate: Tue, 10 Jul 2001
Source: Parksville Qualicum Beach News (CN BC)
Copyright: 2001 Parksville Qualicum Beach News
Contact:  http://www.pqbnews.com/
Details: http://www.mapinc.org/media/1361
Author: Adrienne Mercer

DAD GUILTY OF PRODUCTION OF RESIN

A Dashwood father found guilty of production of cannabis resin 
Wednesday is now serving a six month custodial sentence within the 
community.

The sentence resulted from a joint submission from federal Crown 
counsel and the accused's lawyer, Peter Hertzberg. Hertzberg 
explained his client is a widower who works as a fisherman and is 
caregiver to his two school-aged children.

Though the accused was producing the resin in his residence, 
Hertzberg said the operation was set up in the man's bedroom and the 
garage, and the children were unaware of what was occurring.

"I think the joint submission I have heard seems to me to be quite 
appropriate," said Judge Carole Lazar.

Mirroring the sentence suggested by Crown and defence, Lazar imposed 
the six-month sentence, and 75 hours of community work service to be 
completed in the first five months.

During that time, the accused must abstain from use of controlled 
substances, and must adhere to a firearms prohibition under section 
109 of the Criminal Code.

Though the joint submission suggested a curfew, Lazar asked Hertzberg 
if his client would instead agree to periodic searches of his home. 
After a brief consultation with his client, Hertzberg agreed to the 
change, which allows police to enter and search the residence without 
prior notice at any reasonable hour.

Lazar indicated searches may not occur more than once per month.
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MAP posted-by: Kirk