Case information
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37608
Seamus John Neary v. Her Majesty the Queen
(Saskatchewan) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-27 | Close file on Leave | |
| 2017-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-22 | Judgment on leave sent to the parties | |
| 2017-12-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers CACR2815 and CACR2828, 2017 SKCA 29, dated April 25, 2017, is dismissed without costs. Dismissed, without costs |
|
| 2017-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-09-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-09-06 | Seamus John Neary |
| 2017-08-28 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-08-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-28 | Her Majesty the Queen |
| 2017-07-14 | Correspondence received from, (Letter Form), Chris Lavier (by fax). CA order expected within 7 days. | Seamus John Neary |
| 2017-07-10 | Correspondence received from, (Letter Form), Chris Lavier (by fax). RE : Questionnaire CA order (expected 2017-07-14). | Seamus John Neary |
| 2017-06-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2017-06-26 | Certificate (on limitations to public access), (Book Form), (Included in the application for leave to appeal) | Seamus John Neary |
| 2017-06-26 | Application for leave to appeal, (Book Form), C/A order missing - Rec'd on 2017-09-06, Completed on: 2017-09-07 | Seamus John Neary |
| 2017-06-09 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2017-06-08 | Certificate (on limitations to public access) | Seamus John Neary |
| 2017-06-08 | Notice of application for leave to appeal, Completed on: 2017-06-08 | Seamus John Neary |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Neary, Seamus John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Neary, Seamus John
Counsel
John W. Conroy, Q.C.
Matthew J. Jackson
311 - 21st Street East
Saskatoon, Saskatchewan
S7K 0C1
Telephone: (306) 653-5656 Ext: 5
FAX: (866) 306-3065
Email: chris@306law.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Her Majesty the Queen
Counsel
123 - 2nd Avenue South
10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-6187
FAX: (306) 975-4507
Email: wade.mcbride@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Charter of Rights and Freedoms – Safe Streets and Communities Act removes conditional sentence order as option where offender convicted of an offence involving in excess of 3 kilograms of cannabis (marijuana) – Whether provisions contrary to ss. 7 and 12 of Charter – Whether and how steps to legalize cannabis (marihuana) impact applicability of sentencing principles of denunciation and deterrence – Whether Court of Appeal erred in law in imposing a sentence that is unfit in the circumstances – Safe Streets and Communities Act, S.C. 2012, c. l., Criminal Code, R.S.C. 1986, c. C-46, ss. 742.1(b), 742.1(c), 742.1(e)(ii).
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Neary pleaded guilty to possession of psilocybin and was convicted for trafficking cannabis in an amount exceeding three kilograms, possession of cannabis for the purpose of trafficking, and possession of proceeds obtained by crime. Amendments to the Criminal Code, R.S.C. 1985, c. C-46, brought into effect by Safe Streets and Communities Act, S.C. 2012, c. 1, remove a conditional sentence from the range of sentencing options available for Mr. Neary. The sentencing judge dismissed an application to declare the Safe Streets and Communities Act, insofar as it introduced ss. 742.1(c) and (e)(ii) into the Criminal Code, breached ss. 7 and 12 of the Charter. He suspended sentencing for two years. The Court of Appeal dismissed an appeal from the decision on the Charter application, granted an appeal from the decision to suspend sentencing, and ordered concurrent sentences.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
CRM 84 of 2014, 2016 SKQB 218
Charter application dismissed; Sentencing for convictions and for plea of guilty to possession of psilocybin suspended for 2 years, conditions imposed, firearms prohibition order, DNA order, forfeiture order, victim surcharge
Court of Appeal for Saskatchewan
CACR2815, CACR2828, 2017 SKCA 29
Appeal from decision on Charter application dismissed (CACR2828); Appeal from sentence allowed (CACR2815); Concurrent sentences totalling 15 months ordered
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available