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Buzzby

Canada Acting As Arm Of U.S. Drug War By Staying Charges, Lawyer Says
Camille Bains | canoe | 01/05/2006

VANCOUVER (CP) - A lawyer for pot activist Marc Emery says the federal government's decision not to proceed with drug charges against his client clears the way for his possible extradition to the United States and means the federal government is kowtowing to the Americans.

Kirk Tousaw was commenting on the recent stay of three conspiracy charges filed against Emery by a private citizen to thwart the United States' efforts to extradite him to that country for distributing marijuana seeds to Americans by mail.

David McCann filed the charges last September, saying it would be hypocritical of Canada to participate in U.S. officials' efforts to prosecute Emery for activities condoned here for years.

Tousaw said the extradition wouldn't have gone ahead if Emery, along with his co-accused, Michelle Rainey-Fenkarek and Greg Keith Williams, were prosecuted in Canada.

"I'm concerned when our government acts as an arm of the U.S. drug war and has an opportunity to reassert Canadian sovereignty but refused to do so," Tousaw said. "I think all Canadians should be concerned about that."

McCann said he doesn't understand why the federal government would participate in an extradition request by the United States when it largely ignored Emery's activities and Health Canada even referred patients needing medicinal marijuana to him.

Emery and his associates were arrested last July after police raided Emery's pot paraphernalia store following an 18-month investigation by the U.S. Drug Enforcement Administration.

Emery, dubbed the Prince of Pot by American media, is set to return to B.C. Supreme Court next month to set a date for his extradition hearing.

A judge can only recommend whether someone should be extradited. The final decision rests with the federal justice minister.

Emery, originally from London, Ont., said he only met McCann recently and thanked the man for his efforts to allow Canadian jurors to hear the evidence against him.

"I thought that what happened would happen," he said of the charges being stayed. "But I'm still a little crestfallen."

A Crown prosecutor was not available to say why the government stayed the drug charges.

Tousaw said Justice Minister Irwin Cotler had the opportunity to block the extradition by allowing the private prosecution to go forward.

"Doing so would have made extradition impossible," he said. "I suppose it would be reasonable to assume that there was pressure brought to bear on the justice minister not to do anything other than stay the prosecution."

Tousaw said the case has highlighted some problems with the extradition system.

"You've got the same official making decisions to both begin the process, not take over a prosecution here in Canada and ultimately to surrender the targets for extradition.

"I wouldn't go so far as to call it a conflict of interest but it certainty makes me feel uncomfortable with the process."

Meanwhile, another private citizen who also filed conspiracy charges against Emery last August for the same reasons as McCann is waiting to find out what will happen with his case.

The charges by Paddy Roberts of South Slocan, B.C., include conspiracy to manufacture marijuana, distribute the drug and money laundering.

While criminal conspiracy charges are typically handled by the provincial Crown, the federal government has tried to intervene.

That prompted Roberts to file a writ of prohibition to stop federal prosecutors from intervening and possibly staying the charges to allow the extradition hearing against Emery to proceed.

Roberts, who spent several months in a Dutch jail several years ago pending extradition to the U.S. on his own drug charges, said a lawyer took on the case at no cost.

"The implications, if we don't win, are very, very serious," said Roberts, chairman of the separatist Bloc B.C. party.

"It means that the (justice minister) of Canada is acting on dubious legal grounds, very dubious legal grounds, to try and interfere in a Canadian court process that will ultimately allow Americans to extend their criminal jurisdiction into this country."

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Cassius

And think about this -- if you Canucks even THOUGHT about asking to extradite an American for selling pistols, for instance, across US-Canadian borders to your citizens, you can FORGET about us ever extraditing him!

Either way the extradition goes, we win, because Canada is a country full of pussies.

(Okay, that was tongue-in-cheek, I'm just trying to get a rise out of you Canucks so you hopefully would do something about Emery's extradition. not that there's anything you can do)

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{ Cassius, Your Humble Narrator }
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killer12382

There's alot they could do. There are loop holes in every treaty. The PM of Canada could take this issue to GW and beg him not to punish Marc.
They could impose a naval blockade of the Great Lakes using all ten of their warships.
They could boycott the winter olympics as a way of protesting American imperialism.
The possibilities are endless.

fight4rights

Isn't there still a possibility that the federal justice minister will still decide not to extradite him?

__________________
"Those who do no harm to others should not be harmed by others..." Ethan Nadelmann
"Revolution is not a right, it is an obligation." John Locke
"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." troublemaker_42
"'Just say no' to drugs, except those marketed by big pharmaceutical companies." Ignorant Politicians

DarkPhoenix

yea i dont see why it was necessary to call us pussies, and for ur example about an american selling guns i wouldnt really care cause its not like the americans are the only ones selling guns in canada same as it goes for america im sure canadians arnt the only ones selling seeds and stuff....but i dont really care what happens with that or not. just a little pissed about calling us pussies and **** but i guess u did get a "rise" out of me.... id still take u one on one tho hahaha

__________________
So is this what they call another endless night? Im tired of believing if this is wrong or right...I think this cause is lost. I wish that i could sleep,I feel like some kind of shadow,Another slave to the weak. Imagine if we lived under the weather, We would never be found never discoverd. If everything goes wrong, If theirs one more endless night you know thier always tomorrow........ - Alexisonfire

 

killer12382

Hey, you people up North aren't supposed to have feelings. Did the US issue you any feelings? NO!!!

smoking_guru

Either way it goes, you win? What is he gets extradited, put in jail forever, and marijuana legalization suffers? Then who wins?

DarkPhoenix

your hardcore killer, u must be proud to be an activist. as an activist what do u do? i mean for the marijuana community just curious u know since ur hardcore and all and have awsome sayings like the one above thats some class A stuff right their man i give u two thumbs up ohh yea your hardcore man as an activist i mean

Buzzby

If Emery gets extradited and tried in the US it will be the biggest media circus since the Michael Jackson trial. The marijuana legalization movement couldn't buy that much publicity. Every anti-prohibition argument known to man will be on the front pages of every newspaper and the issue will be discussed at great length in every major news magazine.

BeatlesCapo

First off, regarding the extradition, even though I hope it doesn't happen, I can't say I would believe it to be unfair if it did. If Marc Emery had been selling weapons to the US that had been used in attacks to kill people, you better believe he wouldn't be able to say "This weapon is legal in (country), so tough luck".

Though I don't agree that breaking the laws he was breaking should be a crime, the fact still was he was breaking anothers countries laws, essentially in their country, and he was trying to call diplomatic immunity because he didn't actually live there.

He took a risk in selling to the United States, where it is illegal, and he is unfortunately probably going to have to live with the consequences.

Now, regarding your comment about all Canadians being pussies, I resent that, and as such am going to go and cry in the corner about it. Thanks a lot, meany.

-Capo