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Emery is heading south


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Marijuana activist Marc Emery to surrender

Last Updated: Monday, September 28, 2009 | 6:44 AM

CBC News

Marc Emery, Canada's self-proclaimed "Prince of Pot," appears Monday in B.C. Supreme Court, where he is to be taken into police custody to await extradition to the United States.

He was arrested in 2005 at the request of U.S. officials for selling marijuana seeds over the internet from Vancouver.

The leader of B.C.'s Marijuana Party, who runs a magazine called Cannabis Culture, faces a five-year prison term as part of a plea deal.

Once extradited, Emery, 51, is expected to plead guilty in a Seattle court to conspiracy to manufacture marijuana.

He says accepting jail time allowed his two co-conspirators — Michelle Rainey and Greg Williams — to each be given two years' probation. Had he gambled on a trial, he would be looking at up to 50 years behind bars, he says.

Emery's business made millions of dollars over the years, but he says he gave it all away to marijuana advocacy groups around the world.

His wife, Jodie, is trying not to think about what awaits her husband.

"It'll be very lonely, but that'll just encourage me to get him back in my arms as soon as possible," she told CBC News.

Her plan is to lobby the federal government for Emery's swift transfer to a Canadian prison.

http://www.cbc.ca/canada/british-columbia/story/2009/09/28/marc-emery-surrender.html

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Because they are extraditing him for something that isn't (very) illegal in Canada. He listed his business with the gov't for years and they chose not to arrest him, illustrating that seed sales was minor enough to not warrant charges. When the US took a differing view Canada was quick to play along and they blackmailed him into pleading guilty ("If you plead guilty we'll let your co-accused off").

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Of an American broke the law in Canada I'd expect them to face charges too. I imagine this happens all the time. Is the comparison apt?

The argument is more about illegality. For example, what if the US wanted to extradite me for vacationing in Cuba? Under Canadian law I can travel to Cuba freely, Americans cannot, so the US authorities would consider me a criminal. Should Canada send me to the US for trial?

Or to hypothetically address the scenario you suggest, let's say that gambling was still illegal in Canada, yet the Flamingo in Vegas welcomed Canadian gamblers with open arms. Should Canada have the right to extradite the owners of the Flamingo and charge them under Canadian law with running a gambling house?

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Velvet, I think your first example is a bit wonky. For years Canadians have gone to Cuba and haven't been treated as criminals in the USA. If I tried to charter a plane from the USA to Cuba then it works. * edit. Oh, you were talking about the extradition.... Hmm.

And about the tax example someone raised - just because Canada accepts his income tax doesn't mean they're automatically in charge of defending him from charges of alleged law- breaking elsewhere.

I'll have to read more about this case.... Seems to have rankled people.

Edited by Guest
D'oh
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Velvet, I think your first example is a bit wonky. For years Canadians have gone to Cuba and haven't been treated as criminals in the USA. If I tried to charter a plane from the USA to Cuba then it works. * edit. Oh, you were talking about the extradition.... Hmm.

Maybe the example should have been more like: Say you started an online travel booking company. You advertised and arranged for US citizens to get to Cuba via connecting flights in Canada. You were prosperous, paid your taxes, and were transparent about your dealings. Then, after a number of years, US authorities bully the Canadian authorites into shutting you down, and then you get sent to the US penal system for your "crimes."

And about the tax example someone raised - just because Canada accepts his income tax doesn't mean they're automatically in charge of defending him from charges of alleged law- breaking elsewhere.

Then they should be returning every penny of it to Emery ;)

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This was a decent doc on Emery and his plight:

http://www.cbc.ca/thelens/program_231007.html

No Canadian has ever gone to jail for selling seeds, and in 35 years only two people have been charged - the last got a $200 fine.

While people may like/dislike him as an individual and/or what he stands for, this decision could set a bad precedent.

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Velvet, I think your first example is a bit wonky. For years Canadians have gone to Cuba and haven't been treated as criminals in the USA. If I tried to charter a plane from the USA to Cuba then it works. * edit. Oh, you were talking about the extradition.... Hmm.

I highly recommend you never mention to a US border guard that you have travelled to Cuba. I'm not sure but I believe it's grounds for refusal of entry.

There is a reason why the Cuban border guards never stamp passports.

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Wasn't Emery selling (and shipping) to people in the US though?

Yes.

And this guy got busted and did time in the US for selling bongs over the internets:

chong1.jpg

Which was another garbage case. Very different though. It was a business run in the US and was busted by US officials. In that case, Tommy got nailed due to his "celebrity." It was his son, who was the CEO and ran the business, who technically should have taken the fall.

Should the Canadian gov't (or some other country that they shipped bongs to) have been allowed to scoop him up out of the states and take them to their country for sentencing and incarceration?

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Tommy got nailed due to his "celebrity."

My point is that the same thing happened to Marc Emery. He waved and wagged it in everyone's face. It was only a matter of time and we all knew.

so did Henry Morgantaler. and although he went to jail for a few months in the 70s (altho' subsequently acquitted) back when canada was still backwards, he was never extradited to the US for continuing to perform abortions on american women who came to his clinics in canada.

the emory case has nothing to do with justice. it has everything to do with a failed us drug policy and their insistence on casting blame outside of themselves. it's not like he mailed seeds to americans who didnt request them.

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interesting about how only 2 people were ever charged with distributing seeds in Canada and now he's off to a US prison.

Seems to me like he's being scapegoated for something....throw the US drug dog a bone and we'll continue to pretend the billions of $ of sweet BC green coming across the boarder isn't so bad. Can't do much about one, but they can arrest a high profile activist.

And let's not pretend that the US isn't fond of imprisoning activists of any stripe who so much as break a single law.

they throw priests and nuns in jail for peace protests. they invade sovereign nations and drop bombs on wedding parties.

how is any of this any different then the norm?

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Of an American broke the law in Canada I'd expect them to face charges too. I imagine this happens all the time. Is the comparison apt?

The argument is more about illegality. For example' date=' what if the US wanted to extradite me for vacationing in Cuba? Under Canadian law I can travel to Cuba freely, Americans cannot, so the US authorities would consider me a criminal. Should Canada send me to the US for trial?

Or to hypothetically address the scenario you suggest, let's say that gambling was still illegal in Canada, yet the Flamingo in Vegas welcomed Canadian gamblers with open arms. Should Canada have the right to extradite the owners of the Flamingo and charge them under Canadian law with running a gambling house? [/quote']

The extradition treaty between Canada and the United States clearly states that extradition can only be sought when the offence is punishable in both countries by at least one year in prison, which is the case here. Plus, Emery made use of the U.S. Postal service (or a private equivalent), so he came within American jurisdiction.

While I may not agree with the laws, I think Emery had it coming to him. Maybe his cause needs martyrs, but you can't conduct business as overtly as he has been for quite some time and not expect to end up locked up.

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Tommy got nailed due to his "celebrity."

My point is that the same thing happened to Marc Emery. He waved and wagged it in everyone's face. It was only a matter of time and we all knew.

so did Henry Morgantaler. and although he went to jail for a few months in the 70s (altho' subsequently acquitted) back when canada was still backwards' date=' he was never extradited to the US for continuing to perform abortions on american women who came to his clinics in canada.

the emory case has nothing to do with justice. it has everything to do with a failed us drug policy and their insistence on casting blame outside of themselves. it's not like he mailed seeds to americans who didnt request them. [/quote']

100% agreed.

the whole thing stinks.

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