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  • The War on Drugs Comes to Canada


    U.S. seeks extradition of Canadian pot crusader
    Last Updated Fri, 29 Jul 2005 22:00:04 EDT
    CBC News

    Vancouver police armed with a search warrant have raided a pot-seed store run by Marc Emery, the head of the B.C. Marijuana Party.

    The warrant was executed on behalf of the U.S. government.

    Emery himself was taken into custody in Halifax.

    The document alleges a conspiracy to produce marijuana and distribute seeds as well as alleging money laundering.

    "Their activities resulted in the growing of tens of thousands of marijuana plants in America. He was involved, allegedly, in an illegal distribution of marijuana in this country [U.S.]. He is a drug dealer," assistant U.S. attorney Jeff Sullivan told CBC News.

    Vancouver police officers carried out the raid. As a result Emery is out of business.

    Chris Bennett, who works for Emery and was at his office when it was raided, says he's angry an American warrant was executed by a Canadian police force.

    "They're taking him down to face charges in the United States of America. And sentences in America for this kind of thing is so much harsher that one would face in Canada," said Bennett.

    U.S. officials allege that Emery has sold as much as $3 million in seeds.

    American officials are seeking Emery's extradition, which could take six months to a year.




    Pot activist released on bail
    Last Updated Fri, 05 Aug 2005 19:23:43 EDT
    CBC News
    B.C. Marijuana Party leader Marc Emery has been released from jail after posting $50,000 bail.

    Marc Emery
    Emery was arrested by the RCMP in Halifax last week at the request of American authorities, who want to extradite him to the United States to face drug and money-laundering charges.

    At the same time, police in Vancouver raided Emery's marijuana seed and paraphernalia store and arrested Gregory Williams and Marijuana Party vice-president Michelle Rainey-Fenkarek.

    Emery was granted bail on Tuesday but had to stay in the pre-trial centre in Port Coquitlam, near Vancouver, until he and his supporters raised the money. He walked free on Friday.

    Rainey-Fenkarek and Williams have already been released on bail of $25,000 each.

    All three are charged in the U.S. with conspiring to sell pot seeds to U.S. residents, conspiracy to grow marijuana and money-laundering.

    If extradited and convicted, they could face a minimum of 10 years in jail.

    U.S. officials allege that Emery has sold as much as $3 million in seeds.

    The raid and the arrests were carried out under the Mutual Legal Assistance in Criminal Matters Act, with authorization from the B.C. Supreme Court.


    A couple of questions have been raised about this.

    One, in Canada what the guy is doing with his seeds is probably legal, de facto, since the police do not enforce any laws against selling seeds (if there are any, which there probably are). That would make his extradition impossible since he broke no 'real' law in Canada. Or so the question goes.

    The other is, fine, the US can have him and prosecute him based on insane anti-drugs laws. Just give us Fred Phelps so we can do the same based on our insane anti-hate laws.

    Fair trade?
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  • #2
    Y'all better do as we say or will mess with your economy

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    • #3
      at Berz.

      The US is charging him with doing something illegal in the U.S. - selling pot seeds (and therefore pot) to people via mail. Were he to have done so only in Canada, we would care less; but he has committed a crime via mail in the U.S. If Fred Phelps broke your hate-laws via mail (or any other medium), I'd say go for him.

      To object to this, is to break down the entire international law enforcement system. If you want to have the ability to prosecute someone for breaking the laws in a country that the laws are such, you cannot say "we will only extradite people who we agree should be punished". Then the other country retaliates in kind - and you might as well not have any extradition at all, and people can feel free to throw stones over the border.

      It's no different - except in scale - to someone in Canada mailing a bomb to someone in the US and killing them, and then arguing that they shouldn't be extradited to the U.S. Either way, regardless of Canada's laws on murder, the person committed a crime of murder in the U.S. and should be tried (there) for it.
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      • #4
        Originally posted by Berzerker
        Y'all better do as we say or will mess with your economy
        What? You won't buy our oil and natural gas?

        That's OK. The Chinese are saying they'll buy all we have to sell.

        Or were you referring to electricity from Quebec and BC?

        Maybe auto parts from Ontario that 99% of GM and Ford plants depend on?

        Son, you don't know what being ****ed with is. Don't make us show you.
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        • #5
          Originally posted by snoopy369

          The US is charging him with doing something illegal in the U.S. - selling pot seeds (and therefore pot) to people via mail. Were he to have done so only in Canada, we would care less; but he has committed a crime via mail in the U.S. If Fred Phelps broke your hate-laws via mail (or any other medium), I'd say go for him.

          To object to this, is to break down the entire international law enforcement system. If you want to have the ability to prosecute someone for breaking the laws in a country that the laws are such, you cannot say "we will only extradite people who we agree should be punished".
          No ****, Sherlock, that's how it works.
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          • #6
            'fer instance.

            The US would never extradite a woman to the KSA for failing to cover herself, even if she had done that on her last trip to the KSA. It simply is not illegal in the USA for a woman to be uncovered and so she never would be extraditied.

            Beyond that, it might be unlikely that someone accused of larceny would be extradited to the KSA, because one of the possible punishments would be the loss of a hand. That would be a cruel and unusual punishment in the USA and therefore one of your courts would likely decline to extradite if the subject faced such.

            Well, guess what? Selling pot seeds is hardly illegal in Canada, and if it were, life in prison is hardly a just sentence for the crime.

            Don't hold your breath while waiting for him. Your DEA just put the War on Drugs on trial in a BC court room. The viewing should be interesting.
            Last edited by notyoueither; August 7, 2005, 04:36.
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            • #7
              It's a little different to me, than the example you cite. First of all, the seeds are sold to the US, and they are illegal to be sold. Regardless of what the policy is in Canada, the fact that Marc Emery makes a substantial profit from trading an illegal substance to the US, needs to be taken into consideration. He isn't being prosecuted for smoking dope in Canada, nor for distribution within Canada, rather he is prosecuted for the distribution of an illegal substance to the US.

              If Canada refuses to extradite Marc Emery, then they cannot extradite any traffickers, since they can all make the same argument, that since what they do is not illegal in their home country, that they ought to be permitted to distribute things here in Canada.

              Granted, you may not agree with the policies of the US, but that does not justify circumventing their policies by trading in violation of these policies. Canada should stand up for the sovereignty of a state to prevent substances from entering their borders, if that is what the country chooses to ban.

              I mean, how would we like it if Americans started shipping methamphetamine to Canada just because they could make quite a bit of money doing so?
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              • #8
                Americans shouldn't be wasting their money on marijuana when they could do meth.

                As for Phelps, I'm continuously amazed nobody has killed him yet.
                Why can't you be a non-conformist just like everybody else?

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                • #9
                  I dare say a few americans do just that.

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                  • #10
                    Originally posted by Ben Kenobi
                    It's a little different to me, than the example you cite. First of all, the seeds are sold to the US, and they are illegal to be sold. Regardless of what the policy is in Canada, the fact that Marc Emery makes a substantial profit from trading an illegal substance to the US, needs to be taken into consideration. He isn't being prosecuted for smoking dope in Canada, nor for distribution within Canada, rather he is prosecuted for the distribution of an illegal substance to the US.

                    If Canada refuses to extradite Marc Emery, then they cannot extradite any traffickers, since they can all make the same argument, that since what they do is not illegal in their home country, that they ought to be permitted to distribute things here in Canada.

                    Granted, you may not agree with the policies of the US, but that does not justify circumventing their policies by trading in violation of these policies. Canada should stand up for the sovereignty of a state to prevent substances from entering their borders, if that is what the country chooses to ban.

                    I mean, how would we like it if Americans started shipping methamphetamine to Canada just because they could make quite a bit of money doing so?
                    Extradition requires the act to be illegal in Canada.

                    Selling drugs is illegal. Selling seeds is not, de facto.
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                    • #11
                      Smuggling is illegal in Canada...
                      Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
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                      • #12
                        What if the Americans outlawed porn, and Canadian web sites sold memberships to Americans?

                        What if Canada outlawed hate-crimes, and an American hate-monger mailed offensive literature to Canadian addresses? Oops, there's Fred Phelps.

                        Hand him over!
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                        • #13
                          Pah. Phelps should be handed over to Iran.
                          Why can't you be a non-conformist just like everybody else?

                          It's no good (from an evolutionary point of view) to have the physique of Tarzan if you have the sex drive of a philosopher. -- Michael Ruse
                          The Nedaverse I can accept, but not the Berzaverse. There can only be so many alternate realities. -- Elok

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                          • #14
                            Originally posted by Ben Kenobi
                            Smuggling is illegal in Canada...
                            No, it is not that simple.

                            Selling booze to the dry US was not in the least bit illegal.

                            Smuggling is in the eye of the state that it comes in to.
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                            • #15
                              The Canadian smugglers gathered in the smokey room. Would the latest shipment arrive at the destination?

                              The heat was on, but they had an ace in the hole. Their boy stateside assured them that delivery was a piece of cake. No problem. Delivery never fails, for rain, sleet, nor snow ever got in the way of the US Postal Service...

                              I wonder when the indictments against the USPS are handed down for their part in this 'smuggling' ring.
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