Pubdate: Sat, 30 Nov 2002
Source: Halifax Herald (CN NS)
Copyright: 2002 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Sherri Borden

JUDGE WON'T GRANT POT GROWER 'FREEDOM' OF HOUSE ARREST

House arrest sometimes provides too many freedoms to deter others from 
crime, says a Nova Scotia Supreme Court judge.

"In house arrest, one retains many freedoms," Justice Walter Goodfellow 
noted this week in refusing to grant a Pictou County marijuana grower a 
conditional sentence.

"For example, one can choose what time one goes to bed and what time one 
rises, whether and what time of the day or night to watch T.V., listen to a 
radio, CD or whatever," Justice Goodfellow wrote in a Nov. 27 decision, a 
day after he sentenced Ronald Murray MacIvor, 48, to four months in jail 
and one year probation.

He refused a joint recommendation from the Crown and defence to give Mr. 
MacIvor a six-month conditional sentence - with the first four months 
served under house arrest, followed by one year's probation.

"In house arrest, one can utilize a refrigerator at what time one chooses, 
eat what one wishes, carry on a personal relationship, wine or beverage of 
choice at meals or anytime of the day or night, have visitors as and when 
one chooses."

The list of freedoms in house arrest is "endless" but none are available 
when a person is incarcerated, the judge said.

On Sept. 4 in Pictou, Mr. MacIvor of Forbes Mills Road, Merigomish, pleaded 
guilty to unlawfully producing marijuana at his home and possessing three 
kilograms of the drug for the purpose of trafficking.

He uses marijuana daily for chronic lymphocytic leukemia and degenerative 
arthritis, and is seeking a medical certificate.

Diagnosed with leukemia only last year, Mr. MacIvor has used marijuana 
daily for 16 years.

During a raid on Mr. MacIvor's property on Sept. 20, 2001, RCMP seized a 
quantity of dried marijuana, several marijuana plants, marijuana seeds and 
other items.

Mr. MacIvor confessed to police that he owned the drugs and had been 
growing marijuana for a number of years but he denied ever selling it.

His wife Linda MacIvor told police that growing marijuana was a hobby for 
him and that they both used it for medical purposes.

Ms. MacIvor also denied selling marijuana, but did say that they smoked 
marijuana with friends that were over visiting.

House arrest would not be a deterrent, the judge said. "One can almost 
sense that under house arrest, the visitors, the offender, and his wife, 
graciously and gratuitously supplied with marijuana, will rejoice at his 
avoidance of actual imprisonment."

In fact, house arrest would "foster disrespect for the law amongst the 
offender's circle of visitors and friends."

He is the second Supreme Court judge in recent months to speak out on 
conditional sentences.

In September, Justice Gerald Moir, while sentencing a man in a baby abuse 
case, defended the concept.

"Those who think house arrest a mild punishment might think harder about 
what it would be like to be under state supervision and confined to their 
homes day in and day out, week in and week out, month in and month out."
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