It’s marijuana now, but where will it end? As Ian Mulgrew, columnist with the Vancouver Sun said, it is an “outrageous infringement of Canadian sovereignty.”
In a press conference, the DEA said they targeted Emery because of his “arrogance.” Emery is trying to impose political reform around marijuana laws.
If he has broken laws, it remains Canada’s business to charge him.
The fact is Canadians have very different beliefs about marijuana than does the American government.
Those charged face potential life terms in U.S. federal prisons, while just days ago, the BC Court of Appeal said that a two-year sentence for growing 100 marijuana plants was too harsh, and imposed probation instead.
Canada has refused extradrition to countries where the alleged criminal faces the death penalty. We should also refuse extradition when alleged criminals face penalties we’ve deemed too harsh.
Especially when theso-called criminal is a Canadian citizen who was never procesuted of the alleged crime.
I vote for Canadian politicians who, I hope, will uphold my ideals. I believe a war on pot is useless and diverts money and manpower from fighting far more harmful drugs.
While the feds target pot smokers, a burgeoning meth epidemic is swamping communities everywhere. But Canadians have no control over American political zealots.
To use an Americanism, the U.S. government’s behaviour is plain undemocratic.
So who’s being arrogant?
Original: http://www.squamishchief.com/madison%5CWQuestion.nsf/0/BA5A8549B1B7B03A882570540056B407?OpenDocument
[Proofreader's note: this article was edited for spelling and typos on August 7, 2005]
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Canadian Sovereignty On The Line In Emery Case
Posted on Saturday, August 06 at 11:18 by sthompsonContributed By
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US DEA trying to arrest Canadian citizens on Canadian soil?!?!<br />
Posted: 8/6/2005 7:46:52 PM<br />
Food for thought regarding extradition: If anyone wants to look at the Treaty on Extradition Between the US and Canada, you'll see that it was amended in 1971 to include marijuana-related offenses, and that amendment became effective in 1976.<br />
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I'd recommend a read of the whole thing (it's not that long) but some excerpts relevant to this conversation (which may or may not lead to extradition): <br />
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Article II, sect 3 <br />
Extradition shall also be granted for any offense against a federal law of the United States in which one of the offenses listed in the annexed Schedule, or made extraditable by paragraph (2) of this Article, is a substantial element, even if transporting, transportation, the use of the mails or interstate facilities are also elements of the specific offense. <br />
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Art. III sect 3 <br />
When the offense for which extradition has been requested has been committed outside the territory of the requesting State, the executive or other appropriate authority of the requested State shall have the power to grant the extradition if the laws of the requested State provide for jurisdiction over such an offense committed in similar circumstances.<br />
(Of course, here, Canada is the "requested State")<br />
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Article XIII <br />
The determination that extradition should or should not be granted shall be made in accordance with the law of the requested State and the person whose extradition is sought shall have the right to use all remedies and recourses provided by such law.<br />
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Art. IX sect. 3 <br />
When the request relates to a person who has not yet been convicted, it must also be accompanied by a warrant of arrest issued by a judge or other judicial officer of the requesting State and by such evidence as, according to the laws of the requested State, would justify his arrest and committal for trial if the offense had been committed there, including evidence proving the person requested is the person to whom the warrant of arrest refers.<br />
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Article X sect 1 <br />
Extradition shall be granted only if the evidence be found sufficient, according to the laws of the place where the person sought shall be found, either to justify his committal for trial if the offense of which he is accused had been committed in its territory or to prove that he is the identical person convicted by the courts of the requesting State.<br />
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Everyone in the threads re: Mark Emery seems angry at the US, but just remember if he's extradited, it's because of an agreement BETWEEN the US and Canada. And Canada has him now, so...<br />
my response,<br />
Posted: 8/7/2005 5:03:32 AM <br />
For for thought indeed nittanylion. You have presented strong evidence here and evidence that must be carefully examined and concidered<br />
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There is a growing (on pun intended) resentment on this side of the boader as emery's arrest is seen as a soveriegnty issue.<br />
On the face of it that may not be the case in view of the treaty embracing marijuana<br />
To me this issue only underlines that we citizens MUSt become familiar with more that paying our bills with the occassional trip to the polls.<br />
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Sause for the goose /sause for the gander<br />
ps I admire how you presented this piece nittanylion. Level straight and certailly food for thought<br />
IL <br />
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<p>---<br>"If you would be a real seeker after truth, it is necessary that at least once in your life you doubt, as far as possible, all things." <br />
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-Rene Descartes<br />
Shades of Leonard Peltier <br />
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Not that ME is a LP by any stretch of the imagination. However this is a result of the National Security Act which is being used to reinforce extradition, for known terrorists, such as Tre Arrow the eco activist, now Marc whose next? <br />
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I propose we email Layton and Ducceppe to make the National Security Act an issue in the fall sitting.
I wonder how Canadians would feel about an American doing that to them?
If Emery were selling the seeds in Canada only ( I believe at one time he refused to ship these seeds to America - the majority of Dutch seed companies also will not ship to the USA ) than we certainly would have the right to tell the Amercians to stick it!
When Emery decided to ship seeds to the USA, he certainly knew what fire he was playing with! Now his fingers are getting burned - too bad.
Extradite him now! Let him face the full force of the authority he was attempting to make a mockery of.
Also, any fool that decides it is wise to donate money to this cause: ask yourself where Emery is really stashing the cash from these sales?! It is clear that him "not owning any possessions" is part of a careful plan for when this day arrived.
Because he was breaking American laws in America. If he was breaking American laws in Canada, we wouldn't care. But when he brought his crimes here, he choose to bring us (and our justice system) into it.
Extradite him and let him stand trial for the crimes he brought to my country.
Extradite him now! Let him face the full force of the authority he was attempting to make a mockery of.
Well said, thank you.