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Pantagruel
Cannabis Sacrament Minister
Joined: 16 Jan 2005
Posts: 47
Location: Nijmegen-Holland
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 Posted: Sun Jul 31, 2005 6:54 pm Post subject: Mark Emery arrested |
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Dear friends at the minitery,
Just heard that Canadian Mark Emery was arrested on request of the Americanns. See for more information the the internetsite pot tv.
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If in your soil it takes to heaven A thousand thanks be given; And say in the land, it goodley goes, Where the Pantagruelion grows. |
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Ferre
Cannabis Sacrament Minister.
Joined: 14 Apr 2003
Posts: 7295
Location: Amsterdam
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Mystic Power
admin THC-Ministry YahooGroup
Joined: 23 Aug 2004
Posts: 3605
Location: Key West
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| Posted: Sun Jul 31, 2005 9:25 pm Post subject: |
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We're pretty much waiting, now. Won't hear any new developments for a few days, as it's a long holiday weekend in Canada...
Extradition could take 6 months to two years, by Canadian process.
U.S. has requested that Marc remain in custody during that time.
As they allow stem cell research in Canada, let's hope they use it to grow a f*cking SPINE.
Ben
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~Hopi Elder ~
"In Lak'ech"
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Ferre
Cannabis Sacrament Minister.
Joined: 14 Apr 2003
Posts: 7295
Location: Amsterdam
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| Posted: Sun Jul 31, 2005 9:38 pm Post subject: |
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Latest news from Canada is that he will probably be in Vancouver next week...
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Pot leader expected to return this week
BC Marijuana party leader Marc Emery is expected to return to Vancouver early this week.
Emery was arrested in Nova Scotia Friday and is spending the weekend in a Halifax-area jail.
He and two of his associates are accused by American authorities of conspiracy to manufacture marijuana, distribute seeds and engage in money laundering.
A drug paraphernalia shop owned by Emery was also shut down by police.
Hundreds of supporters rallied in Vancouver yesterday to denounce the arrests and attempts to extradite Emery to stand trial in Seattle.
The vancouver Sun
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Pepper
Cannabis Sacrament Minister
Joined: 30 Oct 2003
Posts: 528
Location: Earth
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| Posted: Sun Jul 31, 2005 9:47 pm Post subject: |
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Here's a post by Kirk Tousaw,
Campaign Manager
BC Marijuana Party
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There has been a lot of speculation about what happens next. First off, let me be clear about one thing: Marc, Michelle and Greg are not going to be taken to the US immediately. They have due process rights in Canada and there is a legal process. Those of you following Renee's case basically know the system: it is virtually identical for Marc, Michelle and Greg.
Preliminary Matters
The US government began its investigation some 18 months ago. It sought and obtained a federal court grand jury indictment against Marc, Michelle and Greg (I'll just say "Marc" from here on for ease of reference) in May, 2005. That indictment charges Marc with the three conspiracy counts (producing marijuana, selling seeds, money laundering); they are all felonies and carry sentences ranging from 10 years to life imprisonment.
The US Dept. of Justice then made a request to Canada under treaty. Basically, the US asked Canada to provide it with assistance in the investigation. The US also asked for extradition. In both situations, the Justice Minister (Irwin Cotler) signed off on (a) providing the assistance; and (b) issuing an "authority to proceed" with the extradition.
Based on the investigation, and at the request of the DEA, the VPD sought and obtained a search warrant from a BC Supreme Court judge. That warrant allowed Friday's raid and the arrests of our friends.
What Happens Next?
Bail: Michelle has been granted release after posting a $25,000 cash bail (which was obviously quite difficult to raise). The Crown (ie, the Canadian prosecutors that will be handling the case) is aksing for the same amount to release Greg. It is also requesting that Marc be kept in custody.
This type of very high bail is unusual. Refusing to release a non-violent offender is very rare. There are several factors that go into the decision. First, will the person pose a risk of danger to the public if released? Next, will the person show up for court? Finally, will the administration of justice be brought into disrepute if the person is released?
The bail hearing for Greg is Tuesday at 10:00am in the BC Supreme Court (typically courtroom 52 or 55). Marc may be up at the same time. At this point John Conroy will be speaking to bail, perhaps for both of them (though each will likely want to retain separate counsel to fight the extradition).
The Extradition Process
Extradition is guided by the Extradition Act. There will be an extradition hearing before a BC Supreme Court judge. At the hearing, we will have an opportunity to argue that extradition is not proper.
One requiriment of the Extradition Act is that the conduct be illegal in Canada. There has been a lot of speculation about whether selling seeds is illegal in Canada. From the language of the CDSA, it appears that selling viable seeds is a criminal offence in Canada (I suppose it may be an open question as to whether it is constitutionally permissible to make seed selling illegal, but that has not been previously argued and is an uphill battle).
The extradition hearing basically asks the judge to decide whether the person actually committed an act that would be punishable in Canada. If so, the judge issues a "commital order" which sets the stage for the actual extradition.
The judge's decision is appealable to the BC Court of Appeal and, with leave, to the Supreme Court of Canada.
If a committal order is issued, the Justice Minister then has to decide whether to issue a surrender order. This is a discretionary decision in some ways, though the statute provides for certain situations where the Minister may NOT order surrender.
One of the key sections is 44. That lists reasons why the MInister SHALL NOT order surrender:
Quote:
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44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that
(a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or
(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person's position may be prejudiced for any of those reasons.
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Obviously we will be arguing that both subparagraphs apply. Marc is a victim of political persecution and the US system is the poster child for unjust and oppressive laws. Another reason the Minister may deny surrender is if it would shock the Canadian conscience.
Assuming the Minister issues a surrender order, Marc is entitled to seek judicial review of that decision. This is heard in the BC Court of Appeal and, with leave, the Supreme Court of Canada.
If these options fail, Marc would be taken to Seattle to stand trial in US federal court. Any conviction can be appealled to the US Court of Appeal and, with leave, to the US Supreme Court.
The process in Canada can be relatively swift (likely a couple years, though there is a chance that everyone moves quickly and shortens that timeframe). It will almost certainly be very expensive (both for Marc, Michelle and Greg...and for the Canadian taxpayer who is picking up the tab for the Crown, the police, the courts, legal aid). The human cost is immeasurable.
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Kirk Tousaw
Campaign Manager
BC Marijuana Party
[kirk] @ [hq] . [bcmarijuanaparty] . [com]
BCMP Website
BCMP Blog
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Mystic Power
admin THC-Ministry YahooGroup
Joined: 23 Aug 2004
Posts: 3605
Location: Key West
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| Posted: Sun Jul 31, 2005 11:16 pm Post subject: |
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| The human cost is immeasurable. |
Amen to that.
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"We are the Ones we have been waiting for."
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"In Lak'ech"
~ Ancient Mayan: "I am another YOU." ~ |
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indicaspice
Cannabis Sacrament Minister
Joined: 16 Nov 2003
Posts: 1491
Location: somewhere on earth
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| Posted: Wed Aug 03, 2005 3:32 pm Post subject: |
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| Yep, the USSA is interfering with Canada's souvereignity as if Canada is one of their states. |
We are NOT the 51st state
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What worries you masters you.
Haddon W. Robinson |
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Mystic Power
admin THC-Ministry YahooGroup
Joined: 23 Aug 2004
Posts: 3605
Location: Key West
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| Posted: Wed Aug 03, 2005 4:46 pm Post subject: |
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Unfortunately, there are some in the Canadian gov't who want to be...or, at least, love acting like it.
This is BAD.
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"We are the Ones we have been waiting for."
~Hopi Elder ~
"In Lak'ech"
~ Ancient Mayan: "I am another YOU." ~ |
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indicaspice
Cannabis Sacrament Minister
Joined: 16 Nov 2003
Posts: 1491
Location: somewhere on earth
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| Posted: Thu Aug 04, 2005 11:44 pm Post subject: |
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| Unfortunately, there are some in the Canadian gov't who want to be...or, at least, love acting like it. |
I know. Every time I hear Stephen Harper tell how positive his relationship with the U.S will be I want to barf.
And with statements like these:
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| "Thank you for saying to our friends in the United States of America, you are our ally, our neighbour, and our best friend in the whole wide world. And when your brave men and women give their lives for freedom and democracy we are not neutral. We do not stand on the sidelines; we're for the disarmament of Saddam and the liberation of the people of Iraq." |
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| "The time has come to recognize that the U.S. will continue to exercise unprecedented power in a world where international rules are still unreliable and where security and advancing of the free democratic order still depend significantly on the possession and use of military might." |
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| "Continental economic and security integration" with the U.S. as well as a "continental energy strategy" that should be broadened "to a range of other natural resources." |
Scary eh?
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What worries you masters you.
Haddon W. Robinson |
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Mystic Power
admin THC-Ministry YahooGroup
Joined: 23 Aug 2004
Posts: 3605
Location: Key West
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| Posted: Fri Aug 05, 2005 1:38 am Post subject: |
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Ick.
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"We are the Ones we have been waiting for."
~Hopi Elder ~
"In Lak'ech"
~ Ancient Mayan: "I am another YOU." ~ |
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Mystic Power
admin THC-Ministry YahooGroup
Joined: 23 Aug 2004
Posts: 3605
Location: Key West
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| Posted: Fri Aug 05, 2005 1:40 am Post subject: |
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| Quote: |
| "Continental economic and security integration" with the U.S. as well as a "continental energy strategy" that should be broadened "to a range of other natural resources." |
English translation: Gosh, I really love the corporate take-over of the world. 
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"We are the Ones we have been waiting for."
~Hopi Elder ~
"In Lak'ech"
~ Ancient Mayan: "I am another YOU." ~ |
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