GOOD, BAD NEWS FOR MEN GUILTY IN GROW-OP

There is both bad news and good news for three men convicted in a
massive marijuana grow operation on the Pasqua First Nation.

After contemplating the matter for more than a year, the Court of
Appeal has decided to uphold the men's convictions -- but it has also
declined to increase their prison sentences.

Chester Girard and brothers Lawrence and Robert Agecoutay were charged
after a bust on the Pasqua First Nation in August 2005 turned up
thousands of marijuana plants in a sophisticated grow operation.
Documents at the scene estimated a possible profit of $3 million, but
police said the value of the illicit crop could be more than $7 million.

Six people were charged originally, but the three of the accused were
acquitted when the matter went to trial before a jury in Regina early
in 2008.

Girard and the Agecoutay brothers were convicted; Lawrence Agecoutay
received six years in prison, Girard 51/2 years, and Robert Agecoutay
31/2 years.

The three men later appealed their convictions and the Crown also
launched an appeal, asking the court to consider adding a significant
period of additional prison time for Lawrence Agecoutay and Girard.

In its decision, the Court of Appeal dismissed all the substantive
appeals, but Lawrence Agecoutay's sentence was reduced to reflect 50
days he spent on remand, which the court found was not addressed
during sentencing due to an oversight.

At both the trial and during the appeal, the three men had argued that
they had done nothing wrong, and were merely growing "medicine."

But in a 27-page written decision, the Court of Appeal rejected all of
the men's arguments, including their assertions that the plants were
hemp, not marijuana.

The appeal court also found the sentences fell within the "acceptable
range," and therefore refused to increase the terms.

The appeal was written by Justice Robert Richards, with Justices Gary
Lane and Gene Anne Smith in concurrence.