Saint John lawyer granted time to make Charter argument in pot case

A lawyer in a marijuana trafficking case has been granted more time to make a Charter argument that the court should override minimum sentencing provisions in his client's case.

Rod MacDonald is trying to prevent 32-year-old Terrence Flecknell from serving a mandatory minimum one-year sentence for growing more than 200 marijuana plants.

Sentencing of Flecknell, from the Kings County community of Bloomfield, has been adjourned until June 27 so MacDonald can prepare.

Flecknell has pleaded guilty to possession of marijuana for the purpose of trafficking and to growing the plants.

Had more than 3 kilograms

He was arrested on the growing charge in September 2013 and charged in June 2014 with possession in excess of three kilograms of marijuana. 

He now lives part of the time in Alberta and was not in provincial court in Saint John on Wednesday.

MacDonald told Judge Andrew Palmer he needs time to contact Health Canada for information to make his argument under the Canadian Charter of Rights and Freedoms.

Speaking afterward, MacDonald said he's trying to find out if small marijuana stem-cuttings, which had not yet sprouted roots to become clones, can rightly be called a plant.

MacDonald said that is what many of the more than 200 "plants" seized from Flecknell were.

Judge wishes him luck

"Definition of a plant is what it amounts to," said MacDonald.

Flecknell was to be sentenced Wednesday.

"Good luck," said Palmer in granting the six-week extension.

The federal government has announced marijuana will be legalized in Canada by July 1, 2018.

The Liberal government is also set to begin tackling mandatory minimum sentences.

Prime Minister Justin Trudeau has asked Justice Minister Jody Wilson-Raybould to review changes to the criminal justice system and sentencing reforms the previous Conservative government brought in as part of its tough-on-crime agenda.