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Posted on 10/01/2005 1:58:35 PM PDT by freepatriot32
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.
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Yeah, it should work as so.
Charge him, punish him, then extradict him to America to be charged again. Works for me.
I don't much care what other people smoke. I just wish they'd turn their boom boxes down when they drive past my house.
Sorry, tough guy, Canadian law forbids that kind of double jeopardy.
Marc Emery won't ever enter the US again, extradition or not. The Emery case is very politically unpopular in Canada. Nothing pisses off Canadians more the Americans lording over them.
I say good on Canada for the legal maneuvering. If we're going to go to the expense and strained relations of an international extradition, let it be for a real crime.
I got a problem with that as a human being. Anyone who doesn't have a problem with that, has a problem.
One would be hard pressed to not consider the case as the US telling Canada, "Sovereignty? What sovereignty?", if one was Canadian, I suspect.
And you know, as an American, I've got a problem with Canada refusing to enforce its own laws until the U.S. steps in to do something about this drug exporter.
NOW they file local charges. Well that's just great. Took them what -- 10 years to realize he was breaking Canadian laws?
"There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others."
"...the primary reason to outlaw marijuana is its effect on the degenerate races."
"Marijuana is an addictive drug which produces in its users insanity, criminality, and death."
"You smoke a joint and you're likely to kill your brother."
"Marijuana is the most violence-causing drug in the history of mankind."
HARRY J. ANSLINGER
"The Father of the Drug War"
Commissioner of the U.S. Bureau of Narcotics 1930-1962
Bump for later
And you bring up these 70-year-old quotes because ...?
Why? As an American, I think whether Canada enforces Canada's laws is purely Canada's business.
Then you certainly would have no problem, unlike Mr. McCann, with the U.S. enforcing theirs.
I think they speak for themselves.
The laws against marijuana in the U.S. are founded on nothing more than racism and ignorance.
One can certainly argue that point.
Second request: What does that have to do with our current marijuana laws? (Unless you're saying that our current laws are still based on racism and ignorance. If so, I'd like an example of that.)
The original U.S. Constitution has, as has Anslinger's original reasons, been updated to eliminate racism and ignorance.
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