Help James Fight Injustice
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James Malcolm Russel MacDonald has been dealing with crohn's disease (inflammatory bowel disease) since the age of 14, and was officially diagnosed with at the age of 16. At first he was able to manage this with the right diet and medication, completing high-school, working for a year then acquiring a trade in machining. After a while the crohn's got worse. His regular medications were no longer helping him. His doctors and specialist continued to try a cocktail of medications through trail and error until they recommended Medical Marijuana.They provided him with the signatures needed to obtain the MMAR card from Health Canada. This license gave James the privilege to grow up to 15 plants of cannabis for his own medical and personal use. Finally James found a method to be the best option for managing his almost unbearable pain from his condition.
He then learned to grow his own medication and live life comfortably. He did everything by regulation that was imposed under an Medical Marijuana patient. While applying to have his card re issued (as they expire every year), they sent back with an error. So James corrected this mistake and sent off again. (this all taking not days but months btw)
While awaiting for his renewed license to arrive, The Government Of Canada, changes their stance on Producing your own Medical Cannabis. While still awaiting his legal documentation to do so, the Stellarton Police Force along with the Integrated Street Crime Unit executed a search warrant where James resides.
James opened the door, offered no resistance and complied with the officers every request, to the point of telling them where to find his medical cannabis and Firearms. They then arrested his father(a recovering cancer patient only days out of chemo) an obliged some of the cannabis was his. Mr. MacDonald offered no resistance.
They handcuffed and placed James in custody. After interrogation they charged him with production of a controlled substance, unsafe storage of ammo, and possession of a prohibited weapon. All his firearms were properly stored as well as trigger locked. The prohibited weapon was actually a novelty switch blade that was giving to him as a gift.
After all this they release him. Almost immediately we watched our friend and family member fall into depression. He felt betrayed by the very own government that gave him this privilege of growing his medication. After a day or so James filed for Legal Aid representation, Where they persuaded him to plea guilty to the charges to yield a reduced sentence. James then fired the lawyer and they appointed another. This once gave him some sense of hope at first. but this was not long seen as they wanted the same guilty plea as the first lawyer. After suggestions from myself and other friends, we told him not to plea guilty. but to fire the lawyer again and obtain a certificate from the province of Nova Scotia as the original representation would not fight in his favor. To find out they rejected his application for a certificate as he would not enter a guilty plea. James then continued to deal with the lack of hope. He then made a brief email to the prosecution stating his case and asked what could be done to avoid it. the Crown Prosecution replied with a referral to a Criminal Defense lawyer named Rob Sutherland.
Jamie pursued this and met with Mr. Sutherland. Explaining about his first representation and his denial of a certificate for legal defense. Sutherland replied he would have his fee covered as he stressed he would obtain that certificate for James no matter what. Again,,, a little sense of hope comes along. Mr Sutherland told him if he plead guilty to possession of a controlled substance , he would pay a small fine and have a time to serve on probation. This was the misinformation. Up until yesterday he was lead to believe there was no custodial sentence as prosecution and defense made a deal. Now to find out, his lawyer actually manipulated him into pleading guilty to a higher charge while James believed he was pleading to simple possession. Why you ask??, Mr. Sutherland was not able to obtain his representation fees from the government of Nova Scotia, unless his client plead guilty. The exact words they said to James himself.
Sentencing hearing starts and prosecution recommends 60 days custodial sentence,all signs of hope were lost. How could he be misinformed on what he was pleading too. He was told an agreement has been made, but the crown recommends this as a sentence? After crown and defense made their finishing recommendations the judge asked James if he had anything to say on his behalf. James stood up and voiced a speech he had composed. (will be a link below) The judge asked James to take a seat with the sheriffs and read his sentencing, He was sentenced 60 days in jail effectively immediately. They handcuffed and took him into the holding cell. This was all a shock to James and everyone as there was no mention of jail sentence before this sentencing. He had no idea he was getting escorted to a correctional facility in Halifax right then and there. After hours of trying to find where he was taken. We had learned from Him that they are refusing his Remicade infusion to treat his Crohn's. While Remicade is highly effective, without continuation of this procedure it could set his medical recovery back months too years.
We are asking for any help to assist James in his fight. We are filling an appeal, and if we do so he can be released until appeal process is dealt with. As we all know lawyers are not very cheap. So any contribution to this injustice is met with great appreciation. We will not stand by while our sick friend is betrayed by the same people that are supposed to protect him. We thank you for your time and consideration.
http://pastebin.com/jVauVmce - links to James's speech and other information
He then learned to grow his own medication and live life comfortably. He did everything by regulation that was imposed under an Medical Marijuana patient. While applying to have his card re issued (as they expire every year), they sent back with an error. So James corrected this mistake and sent off again. (this all taking not days but months btw)
While awaiting for his renewed license to arrive, The Government Of Canada, changes their stance on Producing your own Medical Cannabis. While still awaiting his legal documentation to do so, the Stellarton Police Force along with the Integrated Street Crime Unit executed a search warrant where James resides.
James opened the door, offered no resistance and complied with the officers every request, to the point of telling them where to find his medical cannabis and Firearms. They then arrested his father(a recovering cancer patient only days out of chemo) an obliged some of the cannabis was his. Mr. MacDonald offered no resistance.
They handcuffed and placed James in custody. After interrogation they charged him with production of a controlled substance, unsafe storage of ammo, and possession of a prohibited weapon. All his firearms were properly stored as well as trigger locked. The prohibited weapon was actually a novelty switch blade that was giving to him as a gift.
After all this they release him. Almost immediately we watched our friend and family member fall into depression. He felt betrayed by the very own government that gave him this privilege of growing his medication. After a day or so James filed for Legal Aid representation, Where they persuaded him to plea guilty to the charges to yield a reduced sentence. James then fired the lawyer and they appointed another. This once gave him some sense of hope at first. but this was not long seen as they wanted the same guilty plea as the first lawyer. After suggestions from myself and other friends, we told him not to plea guilty. but to fire the lawyer again and obtain a certificate from the province of Nova Scotia as the original representation would not fight in his favor. To find out they rejected his application for a certificate as he would not enter a guilty plea. James then continued to deal with the lack of hope. He then made a brief email to the prosecution stating his case and asked what could be done to avoid it. the Crown Prosecution replied with a referral to a Criminal Defense lawyer named Rob Sutherland.
Jamie pursued this and met with Mr. Sutherland. Explaining about his first representation and his denial of a certificate for legal defense. Sutherland replied he would have his fee covered as he stressed he would obtain that certificate for James no matter what. Again,,, a little sense of hope comes along. Mr Sutherland told him if he plead guilty to possession of a controlled substance , he would pay a small fine and have a time to serve on probation. This was the misinformation. Up until yesterday he was lead to believe there was no custodial sentence as prosecution and defense made a deal. Now to find out, his lawyer actually manipulated him into pleading guilty to a higher charge while James believed he was pleading to simple possession. Why you ask??, Mr. Sutherland was not able to obtain his representation fees from the government of Nova Scotia, unless his client plead guilty. The exact words they said to James himself.
Sentencing hearing starts and prosecution recommends 60 days custodial sentence,all signs of hope were lost. How could he be misinformed on what he was pleading too. He was told an agreement has been made, but the crown recommends this as a sentence? After crown and defense made their finishing recommendations the judge asked James if he had anything to say on his behalf. James stood up and voiced a speech he had composed. (will be a link below) The judge asked James to take a seat with the sheriffs and read his sentencing, He was sentenced 60 days in jail effectively immediately. They handcuffed and took him into the holding cell. This was all a shock to James and everyone as there was no mention of jail sentence before this sentencing. He had no idea he was getting escorted to a correctional facility in Halifax right then and there. After hours of trying to find where he was taken. We had learned from Him that they are refusing his Remicade infusion to treat his Crohn's. While Remicade is highly effective, without continuation of this procedure it could set his medical recovery back months too years.
We are asking for any help to assist James in his fight. We are filling an appeal, and if we do so he can be released until appeal process is dealt with. As we all know lawyers are not very cheap. So any contribution to this injustice is met with great appreciation. We will not stand by while our sick friend is betrayed by the same people that are supposed to protect him. We thank you for your time and consideration.
http://pastebin.com/jVauVmce - links to James's speech and other information
Organizer
Ryan Hayden
Organizer
New Glasgow, NS