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Pot Activists' Hearing Hits Legal-Aid Snag
Shannon Kari | Globe and Mail | 06/22/2006

VANCOUVER -- The possible extradition of Marc Emery to the United States to face charges of distributing marijuana seeds is stalled because of a dispute about legal funding for one of his two co-defendants.

Mr. Emery, Michelle Rainey and Gregory Williams were arrested in July of 2005 at the request of the U.S. government after an investigation by the U.S. Drug Enforcement Agency.

They are accused of illegally selling marijuana seeds over the Internet and money laundering; if extradited and convicted, they face minimum sentences of 10 years in prison.

A date for the extradition hearing has not yet been set because Mr. Williams, who is the manager of a website known as Pot TV, has indicated he cannot afford to hire a lawyer.

The provincial Legal Services Society has turned down his request for funding. (An official with the legal-aid agency said yesterday the agency is not permitted to comment about individual cases.)

The decision to refuse funding "is most unfortunate," said Ian Donaldson, who is representing Mr. Emery in the extradition proceeding. "Something has come unglued. I say on his [Mr. Williams's] behalf, we have to fix it," Mr. Donaldson told Mr. Justice Patrick Dohm during a brief court hearing yesterday.

Federal Crown attorney Rosellina Dattilo suggested that one option for Mr. Williams is to continue in the extradition process without a lawyer.

"I am concerned that we are almost a year after the date of arrest and no closer to setting a hearing date," she said.

Ms. Dattilo suggested Judge Dohm grant Mr. Donaldson's request to speak to federal Justice Department officials about possible federal funding for Mr. Williams before his next court appearance on Aug. 4. The three accused are to appear in B.C. Supreme Court on Aug. 21 to try to set a date for the extradition hearing.

"The odds of getting extradited are extraordinarily high," Mr. Emery conceded outside court yesterday.

Judge Dohm also agreed yesterday to temporarily alter the bail conditions of Mr. Williams and Ms. Rainey so they can attend Mr. Emery's wedding in July; the three have been ordered not to associate with each other.

Mr. Emery vowed yesterday to continue his fight against marijuana prohibitions and criticized recent comments by B.C. Solicitor-General John Les, who suggested police are regularly finding marijuana laced with crystal meth. Mr. Emery said Health Canada has never received a sample in a marijuana prosecution that has been laced with another substance.

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