What Is Canadian Sovereignty Exactly?

Posted on Monday, September 12 at 12:57 by KevinGagnon

Mark Emery and his employees are all Canadian citizens. If they have broken Canadian laws in Canada, then let them be charged and tried in Canada. If we allow US authorities to come across our border to capture and jail our fellow citizens then we are no longer a sovereign nationa!

Who Is Mark Emery?

Mark Emery is a Canadian citizen, born in London, Ontario. He is Canada's foremost marijuana activist and advocate for the cannabis culture.

Mark is the founder of the BC Marijuana Party, the owner of Pot-TV, and the publisher of Cannabis Culture Magazine. He has also twice run for Mayor of Vancouver.

Without Mark Emery's efforts and brave leadership, there would be no mariuana seeds for sale anywhere in Canada. Even bongs, pipes, grow books and pot magazines were unavailable in Canada until Emery began selling them in this store in 1995.

Mark's other projects have included the lboga Therapy House, the Museum of Psychoactive Substances, the annual Vancouver Tokers Bowl, and creating the US Marijuana Party.

Mark is an astute businessman, and used the profits from his seeds sales to support the cannabis legalization movement. For the past decade, Mark has been a major source of funds for virtually every legalization effort, activist campaign and legal challenge in Norther America.

Mark Emery is a hero to the global marijuana movement. He was dubbed "The Prince of Pot" by CNN in a 1997 feature story. The royal title stuck, and was even listed on the warrant used to arrest him.

Why Does America Want Him?

Mark Emery has been arrested and jailed many times in Canada, but always on minor marijuana charges, such as selling marijuana seeds, or "trafficking" by giving away small amounts of pot.

The longest jail sentence Mark has received was in Saskatoon, where he was sentenced to 90 days in 2004 for passing a single joint.

Canadian courst usually give out only fines for selling pot seeds, and it is not even considered an "arrestable offence" by Vancouver Police. Health Canadia would even refer its medical marijuana patients to Emergy's website for their seed supply.

Unsatisfied with Canada's tolerance for marijuana and politcal activism, US authorities decided to bypass Canada's judicial system and charge Mark Emery under American law.

Mark and his employees face no charges in Canada. They are all Canadian citizens whose actions took place entirely in Canada. Yet US authorities are claiming jurisdiction over them, and are demanding that all three be sent to America to receive a minimum sentence of 10 years to life imprisonment.

Will Candaians allow their fellow citizens to be extradited and given life sentences in the US for things which are not even considered a crime in Canada?

Why Is This Important?

If Emery is extradited to the US then it will set a very dangerous precedent.

Canadians must protect our sovereignty, and our ability to create laws that are right for Canadians.

As a nation, Canada must not tolerate foreign police coming into our country to arrest our citizens for "crimes" commited on Canadian soil.

If Emery has committed a crim, then let him be charged by Canadian police, and tried in Canada under our nation's laws.

If Canada's government agress to bypass our own justice system, and sends Emery and his employees to the US for trial and imprisonment, then it will mark the end of Canada's status as a self-determining nation.

Who will be next? Will Canada agree to extradite citizens who steal US satelite signals, or the owners of Canadian internet pharmacies that sell perscription drugs to Americans by mail-order? Gay marriage, cuban cigars and easy access to abortion are all allowed in Canada but restricted in the US. Which nation's laws will apply to Canadians in Canada?

What Is The Legal Argument?

Under the extradition treaty between Canada and the US, Canadians officials Must refuse to extradite if it appears that the prosecution is politically motivated. It also requires a refusal to extradite if the defendant would face unjust or oppressive penalties by Canadian standards. Both of these factors apply in this extradition request.

Ther are literally dozens of other pot seed sellers operating openly in Canada. US officials have clearly stated that they targeted Emery because of his political activities.

The head of the US Drug Enforcement Agency told the media that the Emery raid was "a significant blow-to the marijuana legalization movement," and added that "legalization lobbyists now have one less pot money to rely on."

In regards to the extreme severity of the sentence, in 1987, Canadian courts ruled that a seven-year mandatory minimum sentence for importing or exporting is unconstitutional. Yet Emery and his employees all face 10-year minimum sentences in the US. Thus the penalties the three will face are clearly unjust and oppressive by Canadian standards.

What Can You Do?

We need your help to ensure that Mark Emery and his two employees are not extradited to the USA.

Please take the time to call all the numbers below. Be polite, and tell those people why you think Mark Emery and his employees should remain in Canada.

Also please contact the media, newspaper, call in to radio talk shows, and find other ways of spreading the word about this terrible attack on Canadian sovereignty.

We need your support, and frankly we need your money! Please make a donation to the BC Marijuana Party (It is tax deductible) or visit our store in person or online. Every penny helps our ongoing efforts!

Together, we will make a difference!

Who To Contact

Please take the time to call these numbers and leave a message saying that Canada should not send Mark Emery to a US prison.

* Canadian Prime Minister, Paul Martin: 613-992-4211 and 866-599-4999

* Candaian Justice Minister, Irwin Cotler: 613-995-0121 and 514-283-0171

* Conservative Leader, Stephen Harper: 613-996-6740 and 403-253-8203

* Canadian NDP Leader, Jack Layton: 613-947-0867 and 416-405-8914

* BC Attorney General, Wally Oppal: 250-387-1866

* BC NDP Leader, Carole James: 250-952-4211 and 250-387-3655

Also write letters to the newspaper, call in to radio shows, and spread the word about this injustice! [Proofreader's note: this article was edited for spelling and typos on September 12, 2005]

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  1. by banyon
    Mon Sep 12, 2005 8:33 pm
    Emery: The movie is premiering at the Montreal New Film Festival<br />
    <br />
    Makes the case that DEA went after Emery as he was on the verge of legalizing <br />
    marijuana in Canada. <br />
    <br />
    Trailer is here: <br />
    <br />
    <a href="http://trailervision.com/trailer.php?id=158">http://trailervision.com/trailer.php?id=158</a>

  2. Mon Sep 12, 2005 11:23 pm
    He's not being extradited for selling to Canadians. He sold to Americans, openly. That is American jurisdiction. If you commit securities fraud from your living room on the NSE, they will extradite you. If an American breaks Canadian law from the comfort of their home in Atlanta (like fraud or automatic rifle exports), we'll extradite him. You don't have to be physically in the country to commit a crime in the country.

    Emery should have stuck to selling to Canadians. It would have been very simple, no US shipping or billing address. Not a hard system to set up.

    Sovereignty my butt. This guy is a pot dealer who thought he was untouchable. He needed to do more research on what he could get away with and needed to stop using so much of his own product. He seemed to be OK with getting fines and minor jail time in Canada. Now that he's facing some real time, he's crying for help from anyone who will listen and trying any arguement that will allow him to avoid prosecution.

    Let him have his trial and his soapbox (he's gotten more PR on this than his past 10 years of activism). Give him the lawyers he needs and let them make whatever arguement to the courts they can. But don't confuse the issue... it's not about sovereignty, it's about a drug dealer clinging to whatever protections our laws can afford him.

  3. Tue Sep 13, 2005 12:46 am
    Maybe your right Michael, however, how do you explain Online Pharmacies in Canada selling non approved medications (hence illegal) to the American public? How about Canadians stealing satelite signal from the U.S? We can go on and on. The fact is this issue is a sovereignty issue. What the U.S authorities should have done, was leave Mark alone and deal with the people buying from him. Maybe they should also be asking the question why 3 million seeds a year were sold to U.S. citizens.

    3 million Americans who possibly support legalization. That's not even counting the amount of people just buying it already grown. What are we talking here, 4 or 5 million people?

    The U.S approach is to ignore it, let laws send them to jail, and build more jails. All a while this substance has more positive data then tobacco, alcohol and caffein. Read up Michael. Many legal substances cause allot of social problems and have much more risk to the human body. Even Scientific American magazine revealed new studies of marijuana. Revealing that there are some chemicals not sure of their affects yet. But the same could be said about the 800+ chemicals found in caffein. Some of those chemicals which have caused tumors in rats. Many of them still no studies to show the affects. Yet its still legal. I won't bother with tobacco and alcohol, everyone knows the negative affects of them already.

    Anyhow, the report in the magazine revealed some interesting similarities between the human brain and marijuana. Apparently we share something in common. You would have to read the report.

    Its pretty pathetic for the authorities to go after Mark for this cause, while wasting up time that could be used to go after biker gangs, cocain dealers.

    Here's a quote that expands on this.

    """We see military hardware, poison, and soldiers used against fields of plants around the world.

    We might almost comprehend why the DEA violates other country's sovereignty to go after Pablo Escobar and cohort "kingpins" who allegedly engage in wholesale violence to maintain hard drug empires. But why is the full force of the U.S. government used against a candid cannabis seed salesman and activist like Marc Emery?

    There are guys who ride big, loud motorcycles who are now in Canadian prison awaiting trial, and they are laughing at the irony of Emery's bust. These guys were taken in after Canadian police raided their heavily-fortified clubhouses and allegedly found hard drugs, weapons, and lots of cash.

    When police raided Emery, they found magazines, bongs, a few seeds, no money, no hard drugs, no drugs at all, unless you consider seeds a drug.

    There are allegations that the motorcycle guys engage in cross-border illegal business. So guess who gets busted in a cross-border extradition case and faces life imprisonment? The motorcycle guys? Naaah. It's Emery who faces the hardest prosecution and the longest prison term. """

    It fascinates me how alcoholics have caused so much social chaos, and alcohol in general is a part of probably the majority of domestic disputes in families. A issue that goes as deep as a childs future, from a broken home to criminal future. Alcohol could be linked to so many different crimes. Not to mention the many people who die every year because someone decides his buz isn't going to affect his/her driving. Yet that substance is legal. all while someone who is caught selling marijuana seeds is facing 10 years.

    Sorry for digressing.

    Kevin

    ---
    Acoustic Guitar: This machine will kill facist.- Woody Guthrie

  4. Tue Sep 13, 2005 1:29 am
    He never sold pot, just pot precursors (seeds).Also,
    you can't equate selling non-lethal soft-drug
    precursors to securities fraud, gun sales
    or any crime with a victim.Cannabis
    consumption is a victimless NON-crime,
    and the laws prohibiting it are completely
    irrational.On top of that, the relative sentences
    the puritanical/hypocritical morality squad
    in the States applies to victimless, non-lethal
    soft-drug (cannabis) consumption/production are beyond
    irrational, they are absolutely insane.

    An appropriate analogy would be if Indonesia
    banned coffee and you sold them coffee beans
    through the mail.If they demanded extradition
    and wanted to apply a brutally harsh sentence,
    our gov't would have to refuse extradition as they
    must in Emery's case.

    If you actually support the U.S. anti-cannabis
    policy and it's specific manifested sentences,
    then you are an enemy of liberty and a promoter
    of insane, irrational and totally unjust persecution.

  5. Tue Sep 13, 2005 1:31 am
    Don't kid yourself that pot consumption is victimless.


    ---
    "If you must kill a man, it costs you nothing to be polite about it." Winston Churchill

  6. Tue Sep 13, 2005 2:09 am
    What to hell do you think this useless lot will do to bring about change?
    * Canadian Prime Minister, Paul Martin:
    * Candaian Justice Minister, Irwin Cotler:
    * Conservative Leader, Stephen Harper:
    * Canadian NDP Leader, Jack Layton:
    * BC Attorney General, Wally Oppal:
    * BC NDP Leader, Carole James:

    The above rat pack are usless, they do not respond to citizens who communicate a concern to them, the only way to get you country back and protect the Canadian citizens is send all political parties packing. Every post that is made on this site express problem with our political system and all problems are created by these weak kneed parties.

    These politicans will send Mark across the boarder to the Yanks, but will welcome a dangerous man like Dick Cheney into Canada , go figure . These politicans even though they belong to different political parties all are playing the same game.

  7. Tue Sep 13, 2005 3:00 am
    >
    >Don't kid yourself that pot consumption is victimless.<
    >

    Dr. Caleb,

    I'm going to assume Anon didn't mean it that way. I would disagree pot consumption is victimless. Smoking anything would be automatically creating a victim. Now what about smoking a vapor of marijuana? well researchers in the U.S have discovered the low health risk to smoking marijuana through a vaporizer. Studies for consumption through food or drink, they found no more risk then if you drank something with artificial falours. Apparently many people who take it for medical purposes consume it in food or drink.

    So there is victims from the consumption of marijuana through smoke. I'm also going to assume its not pot smokers going out deciding to punch someone in the head, or throw their wife around. No that's alcohol drinkers.

    I'm going to make a confession. I smoke I would say about 3 times per month, often times I stop for months at a time. Even stoped for 5 years.

    I work a full time job now for the past 3 years. Volunteer for the red cross for the past 4 years. I have no criminal record. No driving offences. I go through my whole day with the philosophy "do something for someone everyday, for which you do not get paid--unknown".

    Everyone that knows me, are always blown away when they find out I consume marijuana. But once I work through the myths with them, they come to understand. Not saying everything about marijuana is a myth. Just the majority of it is. Allot of people that are against marijuana are because of conditioning which even they don't understand. It was all part of a smear campaign which brainwashed everyone. It was so successful everyone still holds some of the beliefs.

    There are successful local franchise owners, which I know of that smoke marijuana. Its to bad it makes a person unmotivated. Maybe they could be owning a corporation instead of just a franchise :-p

    Kevin




    ---
    Acoustic Guitar: This machine will kill facist.- Woody Guthrie

  8. Tue Sep 13, 2005 4:16 am
    It is victimless.It has zero chance of inducing a fatal
    overdose, and produces less severe withdrawl symtoms than
    those of caffeine.

    If an adult decides to consume cannabis (smoked, vaporized
    or eaten in foods), in the privacy of their own home
    and doesn't drive while intoxicated, who is the
    victim ? There IS no victim, so drop your
    hypocritical, prohibitionist scheme.

    When you criminalize adult soft-drug consumption, THEN
    you create victims and empower organized crime.
    If coffee was made illegal (it causes 1000 deaths/yr
    and causes extreme irritability, inability to concentrate
    and severe headaches when withdrawing), you
    would criminalize normally peaceful people,
    and create an organized crime coffee market.

    If one has the right to drink alcohol (which
    DIRECTLY causes 100,000 deaths per year
    and produces severe withdrawl symptoms
    in the form of delerium tremens), or
    smoke tobacco (more lethal and addictive
    than alcohol), then one must have
    the right to consume cannabis.

    If cannabis is illegal, then the respective
    sentences for nicotine/alcohol consumption
    or production should be 1000 X more
    severe.

    The U.S.A. has a gigantic prison
    industry, filled with non-violent
    soft-drug consumers.They have 5% of the
    world population but 25% of the world's
    prisoners.Some sentences in the States are so severe
    that one could get life in prison for growing
    1 plant.That is hypocritical, irrational
    and insane when one measures the lethality
    and addictiveness of cannabis, especially
    compared with LEGAL, DEADLY, HIGHLY
    addictive caffeine, alcohol & tobacco.

    Unjust, irrational laws must NOT
    be blindly accepted/applied.They
    must be refuted and eliminated.

  9. Tue Sep 13, 2005 4:21 am
    <blockquote>There IS no victim, so drop your hypocritical, prohibitionist scheme.</blockquote> <p>Was that directed to me? Curious. <p>Kevin<p>---<br>Acoustic Guitar: This machine will kill facist.- Woody Guthrie

  10. Tue Sep 13, 2005 4:36 am
    Only 1-10% of pot smokers smoke daily.And NONE of those
    daily smokers smoke anywhere NEAR the 20 grams per day (600 grams per month, 7200 grams per year) tobacco
    addicts consume.

    If one labels cannabis smoking as dangerous, and
    criminalizes/persecutes folks as a result, then
    the respective sentences for tobacco consumption/production
    must be 100 X more severe.

    But there are alternatives to smoking cannabis.
    Vaporizers, oral sprays and ingested food form.

    It's really quite simple.The anti-cannabis
    laws are entirely hypocritical, irrational,
    scientifically baseless and insane.

    You have no right, in a free and just society,
    to criminalize someone for consuming (even smoking)
    or producing a NON-lethal soft-drug.

    Cannabis prohibitionists who aren't actually MORMONS,
    are blindly hypocritical/puritanical prohibitionists...
    ...IOW, they are MORONS.More problems are
    created than prevented by trying to slam an irrational, baseless, puritanical persecution scheme on
    people who are doing no worse than having
    a few beers or a cappuccino.

  11. Tue Sep 13, 2005 4:47 am
    No, sorry, it was for Michael & "Dr." Caleb.

    (this website often places the responses
    at the bottom automatically)

  12. Tue Sep 13, 2005 4:58 am
    Alright. Either way we swayed away from the main reason why I posted this article. Sure I believe in legalization of marijuana. But the reason why I posted this was my concern with Canadian sovereignty.

    I hope Michael got a chance to read what I wrote regarding that. He disagrees its a sovereignty issue. Which is fine. We will agree to disagree.

    Kevin

    ---
    Acoustic Guitar: This machine will kill facist.- Woody Guthrie

  13. Tue Sep 13, 2005 5:01 am
    The fascist/hypocritical DEA has their agents
    seeping into Canada, and they have set up a secret
    office in Vancouver.... WITHOUT the knowledge
    or consent of Canadians.

    This is Canada, not the neo-fascist U.S.A., let's
    say NO WAY, to the ruthless, clandestine persecutors
    aka, the U.S. DEA.

    It is all about the Bush administration incrementally destroying Canadian sovereignty and puritanically/hypocritically persecuting people
    for non-lethal soft-drug consumption.

    The only party on record as being against that
    DEA based intrusion is Jack Layton's NDP.The
    Liberals and Conservatives have given in
    to rampant, invasive Americanization, as they
    have no Canadian sovereignty backbone.Only
    Jack Layton & the NDP support non-punitive
    measures for adult marijuana use.

  14. Tue Sep 13, 2005 5:07 am
    It's a matter of Canadian sovereignty as well
    as the *relative* harm caused by cannabis.

    If he was selling crystal meth, heroin or
    crack cocaine to the States, the conclusions
    could not or would not be the same.

    But the truth is, he was selling the *precursors*
    (seeds) of a non-lethal soft-drug.



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