Pubdate: Fri, 06 May 2016 Source: Amherst News (CN NS) Copyright: TC Media 2016 Contact: http://www.cumberlandnewsnow.com/ Details: http://www.mapinc.org/media/3379 Author: Darrell Cole Page: 7 DEFENCE LAWYER OFFERING FREE LEGAL REPRESENTATION To Those Facing Sentencing for Marijuana Possession An Amherst defence lawyer is offering free legal representation to Cumberland County residents facing sentencing for possession of cannabis for personal use. Jim O'Neil said Thursday he is offering the service through the remainder of 2016 and only to people who have pleaded guilty and are in the sentencing phase. "In this country we have the ancient common-law tradition of amicus curiae. When a lawyer believes an injustice might occur in a court proceedings, the lawyer can appear as a friend of the court and provide representation, usually this is done without charge," said O'Neil. "The Canadian government has announced that simple possession of cannabis for personal use will be decriminalized in 2017. "The minute that announcement was made, the moral underpinning for the criminal prosecution of simple possession vanished. While technically still the law, in a democracy, the law normally has some basis in common sense and morality While Ottawa has said simple possession will be removed from the criminal code, it hasn't told the Department of Justice to stop laying charges and police and the Crown are on automatic pilot when it comes to the charge. Ideally, the federal government will tell Crown attorneys and police to refrain from laying charges. "I'm hoping that by taking this public position, it might bring public focus on the potential injustice to thousands of people over the next year or so," said O'Neil. "It seems to me that the decent thing to do while this matter is being sorted out, is for the federal government to instruct the Public Prosecution Service of Canada not to proceed with prosecutions for simple possession of cannabis for personal use. This does not involve a change in the law, but the simple exercise of a discretion which the government does have to do the right thing in a broad sense." O'Neil said he will appear in court for any person from Cumberland County who has pleaded guilty to simple possession and needs representation during the sentencing phase. He will ask the judge to give either an absolute or criminal discharge. Under the Criminal Code, when a person pleads guilty, the court, instead of convicting them, can discharge them on the spot or with conditions such as probation. In Canada, that means the person has no criminal record for having been convicted of a criminal offense. "Unfortunately, it's not a perfect solution because the Americans do not recognize our system and will treat it as a conviction at the border and the person still may have difficulty entering the U.S.," he said. "However, it's the best I can do in the circumstances." Because of the time commitment required, O'Neil said he cannot do trials for people facing trial for simple possession. "At this point I'm an army of one," he said. "But perhaps others may follow my example." - --- MAP posted-by: Jay Bergstrom