SASKATOON – A former University of Saskatchewan football player convicted of trafficking marijuana will challenge a section of the Criminal Code of Canada preventing community-based sentences for some offenders. Seamus Neary appeared in Saskatchewan’s Court of Queen’s Bench Friday.
Neary isn’t eligible to serve time outside of prison because he’s convicted of trafficking more than three kilograms of pot.
“The materials which will be filed with the Court at the end of February will speak to the constitutionality of the provisions of the Criminal Code that preclude community-based sentences,” said Chris Lavier, Neary’s lawyer, in an email.
READ MORE: Former Saskatchewan Huskie guilty of trafficking marijuana
In February 2014, police found more than six kilograms of marijuana after searching Neary’s home and a storage locker in his name. He was found guilty in November, 2015.
Neary remains out on bail with conditions, scheduled to make his next appearance at the end of May.