he's not going to go quietly

Extradition likely for Emery, legal experts say

Ottawa can save him, but U.S. pressure will make that unlikely, law prof says

Vancouver Sun

Thursday, August 4, 2005

By Peter O'Neil, with files from Simon Doyle, CanWest News Service

OTTAWA -- "Prince of Pot" Marc Emery will likely face extradition to the United States and a possible lengthy jail term unless he is rescued by a federal government that Emery has spent an adult lifetime criticizing, two legal experts said Wednesday.

Emery, the B.C. Marijuana Party leader, was released this week on bail by the B.C. Supreme Court after being charged by U.S. authorities with money laundering and cross-border trafficking of marijuana seeds.

A former candidate arguing for the legalization of marijuana in federal, provincial, and municipal elections, Emery will have a tough time fighting against extradition in court and may not even get a reprieve from the federal government, University of Ottawa law professor David Paciocco said.

The federal justice minister has the discretion to refuse a Canadian court-ordered extradition, but Paciocco said there would be considerable pressure to cave in to pressure from U.S. authorities and allow Emery to be sent south.

"I think the likelihood of extradition is high," said Paciocco, a former prosecutor and defence lawyer who specializes in criminal law issues.

He said the federal government would have to weigh Canada's long-term interests against public concern over a Canadian receiving a possible long jail sentence in the U.S. for selling seeds, which is illegal in Canada, although the prohibition is rarely enforced.

"There would be naturally a sense of discomfort on the part of some to throw this man to the lions over something we haven't really bothered to enforce."

But Paciocco said authorities can't ignore the allegation that Emery, 47, would have been aware of vastly tougher drug laws in the U.S.

Canada has an interest "in supporting the law enforcement efforts of a neighbour jurisdiction who you're going to count on for support in the future, in the enforcement of your own laws," he said.

"It's hard for us to say, 'Yes, one of our citizens is contravening your laws in your country, but because we wouldn't prosecute him you can't either.' For a minister of justice to take that position would be extremely difficult."

He said Emery's best hope is that Canada would launch diplomatic efforts to have U.S. authorities back off.

"It's just a question of political will. How much political will is there to go to bat" [for Emery]?"

Former University of B.C. graduate student Gary Botting, a post-doctoral fellow at the University of Washington, said amendments to Canada's Extradition Act in 1999 gives Canadian judges little flexibility to refuse a U.S. extradition request.

"I think it would be extremely disappointing if they did [permit Emery's extradition] but they probably will, because the law has changed so drastically since 1999 that the judges have their hands tied," Botting said.

The amendments were passed following pressure from U.S. authorities frustrated over fraudulent cross-border drug sales and jewel scams on the Internet, he said.

"Before, the [Canadian] judges had wide discretion -- they could look at the facts," said Botting, who is writing his third book on extradition issues.

"Basically the case had to be proved on evidence delivered in Canada. In other words, you had to have affidavit evidence that outlines what case the prosecutor had in the United States.

"That's out the window now. All the prosecutor has to do now is state his opinion that, 'Yes, this is a good case.' "

He said Emery's extradition could take two or three years, with the federal justice minister's decision appealable all the way to the Supreme Court of Canada.

Botting said Emery's best hope is that current Justice Minister Irwin Cotler, a strong human rights advocate who is pushing for legislation to decriminalize marijuana, is still minister when the extradition decision is made at the political level.

"Given the climate of relaxed punishment for marijuana possession and given the fact we don't prosecute for selling seeds in Canada, I think there's a very good chance that Cotler would intervene and say, 'In this case there's some legitimacy' [for refusing extradition]."

Meanwhile, friends of Emery charged that Canadian authorities deliberately singled out Emery to disrupt Marijuana party politics and cut off a source of funding for activists across the country.

At a news conference in Ottawa, friends of Emery suggested his arrest and the extradition request amounts to American political influence that could disrupt Marijuana party politics.

"Mr. Emery, while he is claimed to have made $3 million a year and is claimed to be a kingpin, he actually funds a lot of activism in Canada and around the world," said Tim Meehan, a Marijuana party candidate in the last federal election.

Russell Barth, spokesman for Educators for Sensible Drug Policy, suggested Friday's raid was an attempt to silence the marijuana activist movement and damage the party's aspirations in the next federal election.

The Marijuana party received $10,600 in political contributions in 2004, according to Elections Canada. In the 2004 election, the party won 33,000 votes, just below the Christian Heritage Party.

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Email Peter O'Neil at poneil1@hotmail.com



America targets Emery

London friend says U.S. wants to make an example of pot activist

Sharon Ho, London Free Press Reporter

2005-07-31

The arrest of Canadian pot activist Marc Emery is being used to advance the agenda of the U.S. Drug Enforcement Administration, a London friend charges.

"Someone needed to made an example of (him) to further the agenda of the American drug enforcement agency," said Teresa Tarasewicz, co-owner of the City Lights Book Shop.

"He's a pawn in the politics of drug enforcement between the two different countries," she said. "It'll be interesting to see whether Canada holds fast or hands him over."

Tarasewicz bought the bookstore from Emery, a former Londoner, in 1992. She last spoke to him about a month ago.

Emery was arrested Friday by RCMP in central Nova Scotia after Vancouver police raided his pot seed and paraphernalia store and arrested two others, Gregory Keith Williams and Michelle Rainey-Fenkarek.

They are wanted in the U.S. on charges of conspiracy to manufacture marijuana, conspiracy to distribute seeds and conspiracy to engage in money laundering.

A conviction on the charges carries a sentence ranging from 10 years to life in prison.

Emery, leader of the B.C. Marijuana Party, was in a Halifax-area jail yesterday waiting to be returned to Vancouver, while U.S. authorities try to extradite him.

The U.S. Attorney's Office has said the three were indicted by a U.S. federal grand jury in May after an 18-month U.S. police probe of the sale of marijuana seeds on the Internet and by mail.

Emery moved away from London in 1992, but was well-known in this city for his various campaigns. As owner of City Lights, he wanted the downtown business improvement area organization dismantled and fought its right to levy a charge on his store.

The high school dropout founded the Freedom Party with Robert Metz, its current president. The two later started two-short lived newspapers -- the London MetroBulletin and the London Tribune.

"If you want to change the law, you have to be prepared to break the law," Metz once said in describing Emery's philosophy in life.

Emery became known for his pot activism in 1994 after moving to Vancouver from Indonesia.

In Vancouver, he started the Cannabis Cafe, a meeting place for marijuana smokers, Hemp BC, a supply store, and Little Grow Shop, a seed and plant outlet. These places were raided a few times and eventually closed.

For the last 10 years, Emery has been selling marijuana seeds on the Internet. He's made more than $2 million from the business.

"He's receiving attention because he's successful at it," Tarasewicz said.

"Whatever happens, he's not going to go quietly. He'll raise awareness (of the marijuana legalization issue). The business wouldn't be profitable without the support of regular folks."

Emery has been convicted in the past of trafficking in marijuana seeds.

He spent three months in jail last year for passing a joint at a Saskatoon pot rally in 2004. It was Emery's 11th drug-related conviction, but the first time he was sentenced to jail.

Yesterday, City Lights customers were asking for Tarasewicz's reaction to Emery's situation. Londoners tend to think of him as someone regularly "raising controversy and trouble," she said.

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