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Lothar121 · 10-01-2005, 05:00 AM

New Charges May Help Pot Activist
Camille Bains | Globe and Mail | 09/29/2005

Vancouver — A private citizen says he's filing charges Friday against pot activist Marc Emery and two of his associates, partly because that will throw a wrench into the United States' plans to extradite the trio to face drug charges in that country.

“If he gets charged in Canada that will have major legal consequences for that extradition request,” said David McCann, a local philanthropist and businessman.

Mr. McCann said he has hired prominent lawyer Peter Leask in filing three charges of conspiracy under the Controlled Drugs and Substance Act and the Criminal Code of Canada.

Canada has been hypocritical in allowing Mr. Emery to sell marijuana seeds and collecting thousands of dollars in taxes while the city of Vancouver gave him a business licence for his pot paraphernalia store, he said.

“We have let him operate and now we let the Americans walk into our country and charge a man who they will probably lock away for the rest of his natural life in the United States for doing something that the government of Canada condoned. And you know, I got a problem with that as a Canadian.”

Mr. Emery, along with his co-accused, Michele Rainey-Fenkarek and Greg Keith Smith, were arrested July 29 after police raided Mr. Emery's store following an 18-month investigation by the U.S. Drug Enforcement Administration.

“He broke the law in Canada and so if we are going to let him be charged he should be charged here, where he did the offence,” said Mr. McCann, adding he's never met Mr. Emery.

Mr. McCann noted that Health Canada even referred patients, many of them terminally ill, to Mr. Emery if they wanted medicinal marijuana.

Kirk Tousaw, one of Mr. Emery's lawyers, said it's possible that the United States' attempts to extradite his client would be thwarted.

That's because Section 47 of the Extradition Act says the justice minister has the discretion to refuse extradition if he's satisfied that the same conduct is the subject of criminal proceedings in Canada.

“If Canada is trying someone for the same crime then certainly one would think it makes sense to keep them here in Canada rather than send them somewhere else,” Mr. ousaw said.

Mr. Emery, leader of the Marijuana party, said he sees Mr. McCann's private prosecution attempt as something positive because he's always felt he should be charged in Canada for his activities.

“His intent is to stop the extradition and have me charged under Canadian law in a Canadian courtroom,” Mr. Emery said.

“I'd much rather be in front of a Canadian jury in a Canadian court. It'd probably still keep me out of the seed business for the rest of my life, alas, but it certainly would lay people's fears of a sovereignty intrusion to rest.”

Mr. McCann said he has spoken to politicians at every level about the effects of various illicit drugs and feels they should be dealt with as a health concern.

“I don't want to look at it in terms of Mr. Emery,” he said. “I want to look at it in terms of how we as a society is going to deal with the drug problem.”

Mr. Emery said all Canadians will be complicit if the U.S. succeeds in extraditing him to face drug charges because he's been doing it for years without anyone raising a fuss.

He said he attended a public forum called the Cannabis Conundrum at the Vancouver Public Library on Wednesday, where a former police officer said the Crown refused to lay charges against Mr. Emery after his department conducted an investigation 2½ years ago.

Mr. Tousaw said he was also at the forum.

“(The speaker) said there had been a prior police investigation a couple years back but the Crown didn't have any appetite to prosecute.”

Mr. Emery's extradition hearing continues Oct. 21.

His supporters have requested Justice Minister Irwin Cotler step in but he has said the matter is now before the courts.

Buzzby · 10-01-2005, 01:37 PM

Quote:

Originally Posted by David McCann

“I don't want to look at it in terms of Mr. Emery,” he said. “I want to look at it in terms of how we as a society is going to deal with the drug problem.”

I are thinking that we is going to have to ponder this issue as well.

**troublemaker_42** · 10-02-2005, 05:17 AM

Blah blah blah...yes, the physical crime was conducted in Canada, but US law was broken once those seeds hit the boarder. I've said it before and I'll say it again....he deserves to be prosecuted under US law for breaking US law. Its not OUR problem if Canada turned the other way towards his activites. It never would have OUR problem iif he hadn't shipped them to the US. He knew what he was doing was illegal, and bragged about it. I for one, would expect to be arrested for flaunting my illegal activites, why should he be any exception?

10-02-2005, 06:12 AM

Quote:

Section 47 of the Extradition Act says the justice minister has the discretion to refuse extradition if he's satisfied that the same conduct is the subject of criminal proceedings in Canada.

The argument against standing for this proceeding is of course that the criminal proceedings brought in Canada were after the fact (ex post facto), ergo the extradtition stands even under Section 47.

But it is an interesting attempt o bar extradition.

**troublemaker_42** · 10-02-2005, 07:17 AM

I was thinking the same thing....this may have worked if the charges were brought before the US charges, but I was doubtful the extradition would be rejected on the basis of charges brought after the fact.

Liberty4All · 10-02-2005, 09:17 AM

Quote:

Originally Posted by troublemaker_42

Blah blah blah...yes, the physical crime was conducted in Canada, but US law was broken once those seeds hit the boarder. I've said it before and I'll say it again....he deserves to be prosecuted under US law for breaking US law. Its not OUR problem if Canada turned the other way towards his activites. It never would have OUR problem iif he hadn't shipped them to the US. He knew what he was doing was illegal, and bragged about it. I for one, would expect to be arrested for flaunting my illegal activites, why should he be any exception?

Who's side are you on here? "He deserves to be prosecuted under US law for breaking US law?" This is a completely ridiculous statement. No one deserves to be prosecuted for breaking any law that is immoral. No one deserves to be prosecuted for breaking any US drug law, because they are all based on ignorance, racism, fear-mongering, intolerance and greed. When you use the word "deserve" you are making a moral statement, and in effect, implicitly supporting such laws. Laws based on immorality deserve to be broken. Once again, Marc Emery is a hero for working towards legalization and flaunting immoral US laws.

**troublemaker_42** · 10-02-2005, 10:01 AM

Do SOMETHING besides argue emotions against the law, because it simply isn't a rational way to affect any type of change whatsoever. No offense intended, but your opinion on things is a moot point unless you take actions to change the law, rather than ramble about how unfair or injust it is....moral, immoral....subjective terms meaning different thing to different people. The law is clear. If you break the law, you should expect to be punished in the methods set forth by the law. Arguing emotions or words like "immoral" in the face of the law gets you nowhere, and certainly doesn't give one the right to break the law, or expect a more lenient punishment. What if my moral compass varies from yours? What if I consider murder a sane and moral act? Does that give me the right to violate the law? What if it was part of my religion, or cultural background? Does that justify my actions? No.....while we might not like the law, its silly to expect to be exempt from it, based on emtion or the basis its "immoral" as everyone has a slightly different moral compass that the law cannot take into consideration. Do I break the law? Occasionally, yes, I do. But I also know the risks involved, and wouldn't argue that enforcement if the law was "immoral" if I happened to be arrested. It doesn't work that way. While I favor legalization, I don't think Emeryis some Godsent martyr for the cause. Argue all you want that I'm in favor of "immoral" laws, or that I'm making a "moral' decision in my statements, but the truth is Emery is no different than you or I....and I'd never argue the law was "immoral" just because I happened to get caught doing somehting i was well aware was illegal.

cptn · 10-02-2005, 05:47 PM

troublemaker_42, you still said he deserves to be punished under US law. This is a mans life were talking about here, have a little compassion.

**troublemaker_42** · 10-02-2005, 06:13 PM

When you break the law, you're taking a risk of getting caught. its not as if he was oblivious to the possibilty of prosecution, yet he continued to COMMIT A CRIME OVER AND OVER AGAIN. Why should i feel any compassion? Its not as if the average smoker gets this much sympathy when they are arrested, believe me....been there, done that. While I don't agree with the law, I don't believe I'm somehow exempt from it either. if you aren't willing to risk the punishment, you shouldn'tdo the crime. Seems like common sense to me

cptn · 10-02-2005, 06:24 PM

I mean i understand what your trying to say but.. lets say back in the year 1257 it was illegal to eat more than 1 meal a day.. true, you know full well you could get caught and arrested and go to jail for the rest of your life simply for eating more than 1 meal a day..but you continue to do so because you know its a stupid law.. one day you get arrested and put on trial and sentenced to 10yrs in prison.. now, the question is did he "deserve" the sentence just because he knew about the consequences of this ridiculous law beforehand?

You do agree the current marijuana laws in the USA are extremely--ill use the term, "cruel and unusual punishment" dont you? If your answer is yes, there is no way he deserves this..and believe me theyll lock his ass up for life.

10-01-2005, 05:00 AM	#1
Lothar121 Seasoned Activist Join Date: Feb 2003 Posts: 1,390 Grams: 2,867.15 Groans: 1 Groaned at 0 Times in 0 Posts Thanks: 6 Thanked 22 Times in 10 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	CAN: New Charges May Help Pot Activist New Charges May Help Pot Activist Camille Bains \| Globe and Mail \| 09/29/2005 Vancouver — A private citizen says he's filing charges Friday against pot activist Marc Emery and two of his associates, partly because that will throw a wrench into the United States' plans to extradite the trio to face drug charges in that country. “If he gets charged in Canada that will have major legal consequences for that extradition request,” said David McCann, a local philanthropist and businessman. Mr. McCann said he has hired prominent lawyer Peter Leask in filing three charges of conspiracy under the Controlled Drugs and Substance Act and the Criminal Code of Canada. Canada has been hypocritical in allowing Mr. Emery to sell marijuana seeds and collecting thousands of dollars in taxes while the city of Vancouver gave him a business licence for his pot paraphernalia store, he said. “We have let him operate and now we let the Americans walk into our country and charge a man who they will probably lock away for the rest of his natural life in the United States for doing something that the government of Canada condoned. And you know, I got a problem with that as a Canadian.” Mr. Emery, along with his co-accused, Michele Rainey-Fenkarek and Greg Keith Smith, were arrested July 29 after police raided Mr. Emery's store following an 18-month investigation by the U.S. Drug Enforcement Administration. “He broke the law in Canada and so if we are going to let him be charged he should be charged here, where he did the offence,” said Mr. McCann, adding he's never met Mr. Emery. Mr. McCann noted that Health Canada even referred patients, many of them terminally ill, to Mr. Emery if they wanted medicinal marijuana. Kirk Tousaw, one of Mr. Emery's lawyers, said it's possible that the United States' attempts to extradite his client would be thwarted. That's because Section 47 of the Extradition Act says the justice minister has the discretion to refuse extradition if he's satisfied that the same conduct is the subject of criminal proceedings in Canada. “If Canada is trying someone for the same crime then certainly one would think it makes sense to keep them here in Canada rather than send them somewhere else,” Mr. ousaw said. Mr. Emery, leader of the Marijuana party, said he sees Mr. McCann's private prosecution attempt as something positive because he's always felt he should be charged in Canada for his activities. “His intent is to stop the extradition and have me charged under Canadian law in a Canadian courtroom,” Mr. Emery said. “I'd much rather be in front of a Canadian jury in a Canadian court. It'd probably still keep me out of the seed business for the rest of my life, alas, but it certainly would lay people's fears of a sovereignty intrusion to rest.” Mr. McCann said he has spoken to politicians at every level about the effects of various illicit drugs and feels they should be dealt with as a health concern. “I don't want to look at it in terms of Mr. Emery,” he said. “I want to look at it in terms of how we as a society is going to deal with the drug problem.” Mr. Emery said all Canadians will be complicit if the U.S. succeeds in extraditing him to face drug charges because he's been doing it for years without anyone raising a fuss. He said he attended a public forum called the Cannabis Conundrum at the Vancouver Public Library on Wednesday, where a former police officer said the Crown refused to lay charges against Mr. Emery after his department conducted an investigation 2½ years ago. Mr. Tousaw said he was also at the forum. “(The speaker) said there had been a prior police investigation a couple years back but the Crown didn't have any appetite to prosecute.” Mr. Emery's extradition hearing continues Oct. 21. His supporters have requested Justice Minister Irwin Cotler step in but he has said the matter is now before the courts. __________________ Donate. Write. Make a difference.. Libertyindex \| Posting Guidelines \| Marijuana Policy Project \| NORML \| DPA \| Drug WarRant \| Media Awareness Project

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10-02-2005, 05:17 AM	#3
troublemaker_42 May be habit forming Join Date: Mar 2004 Posts: 10,619 Grams: 16,785.92 Groans: 135 Groaned at 32 Times in 29 Posts Thanks: 826 Thanked 1,520 Times in 819 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Blah blah blah...yes, the physical crime was conducted in Canada, but US law was broken once those seeds hit the boarder. I've said it before and I'll say it again....he deserves to be prosecuted under US law for breaking US law. Its not OUR problem if Canada turned the other way towards his activites. It never would have OUR problem iif he hadn't shipped them to the US. He knew what he was doing was illegal, and bragged about it. I for one, would expect to be arrested for flaunting my illegal activites, why should he be any exception?

10-02-2005, 07:17 AM	#5
troublemaker_42 May be habit forming Join Date: Mar 2004 Posts: 10,619 Grams: 16,785.92 Groans: 135 Groaned at 32 Times in 29 Posts Thanks: 826 Thanked 1,520 Times in 819 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I was thinking the same thing....this may have worked if the charges were brought before the US charges, but I was doubtful the extradition would be rejected on the basis of charges brought after the fact.

10-02-2005, 10:01 AM	#7
troublemaker_42 May be habit forming Join Date: Mar 2004 Posts: 10,619 Grams: 16,785.92 Groans: 135 Groaned at 32 Times in 29 Posts Thanks: 826 Thanked 1,520 Times in 819 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Do SOMETHING besides argue emotions against the law, because it simply isn't a rational way to affect any type of change whatsoever. No offense intended, but your opinion on things is a moot point unless you take actions to change the law, rather than ramble about how unfair or injust it is....moral, immoral....subjective terms meaning different thing to different people. The law is clear. If you break the law, you should expect to be punished in the methods set forth by the law. Arguing emotions or words like "immoral" in the face of the law gets you nowhere, and certainly doesn't give one the right to break the law, or expect a more lenient punishment. What if my moral compass varies from yours? What if I consider murder a sane and moral act? Does that give me the right to violate the law? What if it was part of my religion, or cultural background? Does that justify my actions? No.....while we might not like the law, its silly to expect to be exempt from it, based on emtion or the basis its "immoral" as everyone has a slightly different moral compass that the law cannot take into consideration. Do I break the law? Occasionally, yes, I do. But I also know the risks involved, and wouldn't argue that enforcement if the law was "immoral" if I happened to be arrested. It doesn't work that way. While I favor legalization, I don't think Emeryis some Godsent martyr for the cause. Argue all you want that I'm in favor of "immoral" laws, or that I'm making a "moral' decision in my statements, but the truth is Emery is no different than you or I....and I'd never argue the law was "immoral" just because I happened to get caught doing somehting i was well aware was illegal.

10-02-2005, 05:47 PM	#8
cptn New Member Join Date: Sep 2005 Posts: 12 Grams: 555.75 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	troublemaker_42, you still said he deserves to be punished under US law. This is a mans life were talking about here, have a little compassion.

10-02-2005, 06:13 PM	#9
troublemaker_42 May be habit forming Join Date: Mar 2004 Posts: 10,619 Grams: 16,785.92 Groans: 135 Groaned at 32 Times in 29 Posts Thanks: 826 Thanked 1,520 Times in 819 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	When you break the law, you're taking a risk of getting caught. its not as if he was oblivious to the possibilty of prosecution, yet he continued to COMMIT A CRIME OVER AND OVER AGAIN. Why should i feel any compassion? Its not as if the average smoker gets this much sympathy when they are arrested, believe me....been there, done that. While I don't agree with the law, I don't believe I'm somehow exempt from it either. if you aren't willing to risk the punishment, you shouldn'tdo the crime. Seems like common sense to me

10-02-2005, 06:24 PM	#10
cptn New Member Join Date: Sep 2005 Posts: 12 Grams: 555.75 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I mean i understand what your trying to say but.. lets say back in the year 1257 it was illegal to eat more than 1 meal a day.. true, you know full well you could get caught and arrested and go to jail for the rest of your life simply for eating more than 1 meal a day..but you continue to do so because you know its a stupid law.. one day you get arrested and put on trial and sentenced to 10yrs in prison.. now, the question is did he "deserve" the sentence just because he knew about the consequences of this ridiculous law beforehand? You do agree the current marijuana laws in the USA are extremely--ill use the term, "cruel and unusual punishment" dont you? If your answer is yes, there is no way he deserves this..and believe me theyll lock his ass up for life.

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