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American encroachment on Canadian laws? Or seeking a legit criminal?
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Filipe

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PostPosted: Thu Aug 04, 2005 4:12 am    Post subject: American encroachment on Canadian laws? Or seeking a legit c Reply with quote Add User to Ignore List

While this is a news item that could out some time last week I thought it might be interesting to see what everyone else thinks about it. Personally, even though I am Canadian I think the Americans had every right to do it, as the bulk of his alleged crimes were commited there. Anyways I will be copying the article from a Canadian news website this was posted on.

Quote:
Questions about Canada's role in arrest of marijuana activist


Marijuana activists say Canada has compromised its sovereignty by allowing the United States to secure the arrest of Mark Emery, the B.C. head of the Marijuana Party of Canada.



The U.S. Drug Enforcement Agency alleges Mark Emery sold more than $1 million worth of marijuana seeds in the United States through his Vancouver mail-order business. Emery was granted bail on Tuesday, after being arrested in Nova Scotia at the request of U.S. authorities, last week. He still faces the possibility of being extradited to the United States, where he could be sentenced to life in prison if found guilty.

Local marijuana activist Sean Keon says "the DEA has no business in Canada, plain and simple. Mark Emery's a Canadian citizen. We should be the one taking care of him." But while Emery has run afoul of Canadian drug laws in the past, Canadian police haven't pursued his seed-selling business run out of his Vancouver store and over the internet.

"You know, here we have a situation where they turn a blind eye locally and now they are in a position of assisting the U.S., to be extradited to the U.S. where the penalties are substantially greater than here. It's analogous, in my mind, to some of the rendering that goes on where local countries aren't prepared or able to do things, so they send them off to other countries to do their dirty work for them," said John Conroy, Emery's lawyer.

Although some say comparing Emery's case to that of someone like Maher Arar, who was deported to Syria and tortured, may be extreme, some legal analysts are raising concerns about Canada's participation in Emery's prosecution.

"Are we then going to subject someone to the risk of being put away in prison for life?" asked Ottawa lawyer Eugene Oscapella, who helped found the Canadian Foundation for Drug Policy. "This is insane. If that's what our extradition laws are doing then we need to fundamentally rethink our extradition laws. This makes no sense. This is a colossal waste of our justice system."

Oscapella is also concerned about the material seized by investigators in the raid on Emery's Vancouver business. He wonders whether U.S. authorities will use details on Emery's Canadian customers, to target them, particularly as they try and cross the border. A Justice Department representative says there was no political pressure exerted from Washington to help in the case. It was just a routine legal request for assistance.

U.S. assistant attorney Jeff Sullivan says the pursuit of Emery on Canadian soil is no threat to Canadian sovereignty. "The problem is that 75 per cent of his business is done in America, and again according to his own website he makes millions of dollars doing this illegal activity. The illegal activity is occurring in America and that's what he's being prosecuted for, not what he's doing in Canada." Emery will in court later this month to set a date for his extradition hearing.

http://www.cbc.ca/story/canada/natio...ery050803.html


So thats the story folks, take it for what it's worth, personally I think considering the lack of justice we get here in Canada I am all for it. You commit the crimes in the US, I dont care if you are facing the death penalty for it your going back. Plain, and simple. You have no idea how many murdering bastards come up here, because they know we wont extradite them if the US goes for the death penalty in the case. Frankly I dont know where our goverment gets off having the option of not sending a murderer back, just because they dont like one of the possible sentences.
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Sai Fujiwara

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PostPosted: Thu Aug 04, 2005 9:01 am    Post subject: Reply with quote Add User to Ignore List

You know, I pretty much agree with your stance, Filipe... But, that's also just me. I think almost all criminals that flee ought to be extradited back to their country of origin, unless the "crimes" they commited were something ridiculous, and shouldn't have been illegal, anyway.

But, there ya go. That's politics for ya, and if you think about it, it's kind of Canada's way of telling the United States, "Hey, we think the death penalty sucks, change it, ok?"

Oh, and as for the weed guy, I feel no sympathy. Sure, there are worse drugs than weed, but still he's messing with stuff in the United States, so he should face up to it here.

Just like if some idiot from the United Satates was shooting up a town, robbing, or doing whatever was illegal up in Canada, and got caught down here... The United States should respect Canada, and send the crook back, regardless of his or her citizenship.
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PostPosted: Thu Aug 04, 2005 9:58 am    Post subject: Reply with quote Add User to Ignore List

That's why you never do business internationally with out reading up on their laws. If selling bibles is illegal in China(and I think it is) selling them mail order should get me arrested over there. But the people that bought the seeds should be tried also. I am guessing they are as I onl read the first line of the story.
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Filipe

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PostPosted: Thu Aug 04, 2005 6:57 pm    Post subject: Reply with quote Add User to Ignore List

Yeah, he is definately from here in British Columbia, in fact he is the leader of the BC Marijuana party no less. Frankly, I think all of those that are threatening civil war will be far too relaxed to do much fighting over the issue, if you get what im hinting at. The only reason that it's even an issue is because here in Canada the laws are so lax people that have commited 50+ drug crimes get nothing more than a slap on the wrist. Not only that but those are fifty some crimes they were convicted on, and they walked away every single time. I have talked with other people many times, about how Canada needs a major overhaul of their justice system because people arent getting punishment for commiting crimes. Thats one of the reasons that the Americans want Emery sent to them, because here he would get a slap on the wrist, and walk away. I think it absolutely rediculous that the judges have their heads up their own proverbial behinds, being extremely liberal and thinking rehab is the only answer. Sure it's a good punishment the first few times, but not after 50 times.

Selling the means for creating a grow op, is illegal in both countries, it's just that here in Canada, we turn a blind eye to it sometimes. Our judges are reluctant to give real punishments to certain types of criminals for whatever political reasons. There should be no question as to whether or not send him to the States, because if he commited a crime there, he should be punished there. Someone shouldnt be protected from the law just because they run across a border to hide from just punishment. They shouldnt be allowed to hide across a border from punishment in one country, regardless of what punishment that might be. Frankly it's a good thing that he's being held by the Americans since if the judges wont send him, they can just take him. Thats what I would do, if I was in their place anyway, considering the stupidity of our judges here.
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PostPosted: Thu Aug 04, 2005 7:34 pm    Post subject: Reply with quote Add User to Ignore List

Quote:
So thats the story folks, take it for what it's worth, personally I think considering the lack of justice we get here in Canada I am all for it.


What lack of justice?

The underground, violent drug trade in the U.S. was created by its war on drugs.

On another board I'm from, there are a lot of cop-hate threads created by people in the US. Cops will stop them on the road, look at their car. They'll ask them things like, "Nice CD player. Did you steal it?" One guy got arrested for "stealing a car" and was thrown in jail for 4 hours. What happened? A friend gave him his car. The registration was expired (it says on the paper he got that he has 30 days from that day to get it renewed). The cop takes it, looks at the registration papers, thinks he stole the car, and gets him put in the slammer. That's justice for you?

Before you know it, America will start arresting homosexual couples in Canada because it goes against their civil union laws.
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Filipe

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PostPosted: Thu Aug 04, 2005 8:02 pm    Post subject: Reply with quote Add User to Ignore List

What you seem to not understand Arcana, is the fact that Mark Emery is CANADIAN commiting crimes in the United States. Thats not saying that he isnt commiting the same crimes here in Canada, because it's a crime here too. It's not like what he is doing here, and in the states isnt illegal in both places, it's just that our moronic judges dont enforce the laws. They have every right, coming here after someone who is commiting crimes in their country, whether it's done from the states, or here.

I am not going to speak on the methods that cops take in the United States with other crimes because that is very clearly not on the topic of discussion. Besides compared to the justice we get here, you are darned right thats a better form of justice. What isnt justice, is people commiting property crime, and drug crimes victimizing hundreds of thousands of people every single year, only to go to court, and get a slap on the wrist, and be sent home. Is that your definition of justice? Is that what you see as the right thing to do with people who commit crimes, whether it's stealing or whatever else? If it is, feel free to live here in Vancouver where you will have crimes commited against you frequently, then you go watch as the guy walks away free. I have had nothing commited against me yet, thankfully but I know plenty of people that have.

I am not going to even comment on that homosexual couples comment, because for that to be a crime the US can go after it has to be commited on their soil, or against them. What Emery is doing, is commiting a crime over the internet, which takes effect on American soil, thus he is commiting a crime there, while not taking a single step there. It's just like if someone was money laundering American cash, from Canada. It would be commiting a crime, on the United States regardless of where they are doing it from.
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PostPosted: Thu Aug 04, 2005 10:04 pm    Post subject: Reply with quote Add User to Ignore List

He's opperating a business in Canada, and the americans who are importing are breaking the law
If anything he should be tried in canada since that's where he's stationed.

Just like the Northwest passage debate, the United States is sticking it's nose in another country's business.

Hell, He's aCanadian citizen, he should be tried and conviced in his home countri, I see no reason why American police as asking for an extridite him when he's in his home country!
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PostPosted: Fri Aug 05, 2005 5:53 pm    Post subject: Reply with quote Add User to Ignore List

Actually, it's called traffiking in drugs, and you dont need to be in the country to be doing so. The simple fact is, Canada is unwilling to charge him, the Americans are, and the bulk of his crimes have an affect in the United States, and not in Canada. It seems as though they have more than enough right to come up here, and take him to recieve a just punishment. Considering that, why should he avoid a heavier sentence in the country who his crimes were affecting, merely because he lives elsewhere? That is a rediculous argument, that people who agree with his standpoint on drugs are making. In fact, they think he shouldnt be charged at all, despite the fact he's commiting a crime. Frankly, I'd rather see him go to the states, and get a real punishment, than see him stay here, and get a slap on the wrist care of liberal judges.

Under the comment that JHones made, basically a Canadian could go down to the states, and kill hundreds of people only to run back up here. Then, considering he was in his home country, and commited no crime up here he avoids prosecution? That is essentially the meaning behind what you said, that because he is here in Canada he should avoid prosecution in the country where the crimes were commited. Am I the only one that see's the logic in sending him there to face punishment for the crimes he commited there without even being there? Heck, those that got the drugs from him should be charged as well, but he still sent it, thus he should prosecuted there for it. I believe the term most people use for what he was doing, is called dealing drugs.
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PostPosted: Fri Aug 05, 2005 6:57 pm    Post subject: Reply with quote Add User to Ignore List

I just read the artical, and of the two conspeacies and thew money laundering... That seems... Well stupid. Who exactly was he selling the seeds to? There are several hundres of thousands of americans who use marajuana for medicinal purposes.

And where did money laundering come from? He's runing a business, that sells marajuana. There's nothing fake there. He admits it by being the leader of the Pot party.
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Filipe

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PostPosted: Fri Aug 05, 2005 9:06 pm    Post subject: Reply with quote Add User to Ignore List

That sells marijuana in the states, thus commiting a crime in the states, thus you just proved my point for me, that he should be sent there for prosecution. You have to remember that he is an advocate for pot use for everyone, not just medical marijuana, besides the evidence clearly showed it was not just for medical use to these users. Even if it had been only for medical use, he is not a licensed broker for medical marijuana in the United States, nor in Canada for that matter. The fact that he is not selling the marijuana legally, proves the entire point for them.

You are right, he is the leader of the "Pot" party, there is nothing fake about the fact that he is selling marijuana. However, that is a crime, if you are not licensed to do so for medical purposes, which he is most definately not. What that makes him, is a dealer of illegal drugs, to people who dont have a prescription need for them. Even if they did, he is not cleared to give it anyway, so he is commiting a crime. The end, end of argument of whether or not the US is right to charge him.

The entire argument is about the fact that, they want to extradite him, and not whether they have legal reason to, which is clear they do. Considering, that he is commiting crimes in the United States, and thats a fact that has been confirmed. The issue is now, should they extradite him, or force prosecution with possible jail time here? Fact of the matter is, I think they should just take him there, because as I have said before our judges would give him a slap on the wrist.
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PostPosted: Fri Aug 05, 2005 10:24 pm    Post subject: Reply with quote Add User to Ignore List

It's pretty common to try a person in the country that they're a citizen of. If they commit a crime in another country, then they are usually deported to their home country with a list of the charges.

Apparently, the US didn't put any political pressure on Canada to make an arrest. The article is down right now so I can't see it for details.
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PostPosted: Fri Aug 05, 2005 11:20 pm    Post subject: Reply with quote Add User to Ignore List

Erm, I won't say my personal opinion on this matter yet but let me say this.

Did you know that marijuana is legal in Holland?

Yes you heard that right you can actually go and buy it in a drug store and I think you can freely consume it in a private place (I'm not sure about public places but I'm guessing you can't), and the rate for marijuana usage in Holland that there is nothing stopping you from getting any is lower than smaller countries that is considered illegal.

See where I'm getting at?

Being liberal doesn't hurt and I think Filipe has blinded himself with the concept of "justice".

Marijuana is not murder is one drug that has proven it self less addictive and harmful than cigarettes (that is what I read somewhere anyway) so an abuse like that should be punishable by a slap on the wrists I think we should look at our priorities here before calling for judgment to be served.
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PostPosted: Fri Aug 05, 2005 11:45 pm    Post subject: Reply with quote Add User to Ignore List

Quote:

Marijuana is not murder is one drug that has proven it self less addictive and harmful than cigarettes (that is what I read somewhere anyway) so an abuse like that should be punishable by a slap on the wrists I think we should look at our priorities here before calling for judgment to be served.


Marijuana usage is certainly not murder and though it may be less addictive it is in fact a gateway drug. This means that most people go from smoking marijuana to heavier drug usage. Thus, it is likely to see that people are not having higher usage of marijuana, but check the stats on other drug usage in that country and I think you will see why it isn't encouraged.

Plus, legalizing marijuana usage is not profitable. The legalization of marijuana would lessen the demand for it and therefore limit the usefullness of the product for its 'usage'. If legalized, the government will strap a incredibly high price on it after buying it all up and taking it off the street, then they will push it to the public at those egregious prices. Nobody will want to go out and buy it after a while, then they will turn to another more harmful drug. These things have to be considered before talking about liberal views.

I will not go into too much detail on my suggestions on how this man should be tried, but I'll just let you know that the trafficking of illegal goods across international borders is an offense that cannot be taken lightly especially when it is profitable. We have to think about the money that both countries are losing. That is the true concern and why America wants to prosecute. Don't be confused and think that the issue is about him selling drugs. It's the fact that those countries can't make money off of it because it's illegal. Therefore, they can't just give him a slap on a wrist. You have to think about the ramification of a small penalty in this situation.

What sort of message would you want to portray in this case? If the sell of marijuana gets a small penalty, then what would stop others from selling more hardcore drugs? You have to think about the message and how it can effect international borders. I'm not saying that he should be tried in the U.S. or Canada, but there is a lot more than the black and white to consider. You have to consider the side issues and the message that it will send.

Thus ends my ranting..
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PostPosted: Fri Aug 05, 2005 11:57 pm    Post subject: Reply with quote Add User to Ignore List

I don't see your point Arenegeth. Just because marijuana is legal in some countries, doesn't mean it is a good thing.

To stay on topic, I agree with Filipe that Canada should give a more severe penalty or hand Emery over to the U.S. The distribution and usage of marijuana is illegal in the U.S (medical use is also illegal)so it is illogical for anyone to think the US government shouldn't do something about drug trafficking over its borders. Any foriegner who commits a crime repeatedly should be apprehended by that country and dealt with appropriately.

And sure, there are plenty of people in the U.S who want to legalize marijuana. But also realize, there are just as many people who want to keep it illegal. As long as that is the case, the U.S will continue to enforce their drug laws the way they are now.
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PostPosted: Sat Aug 06, 2005 2:00 am    Post subject: Reply with quote Add User to Ignore List

Quote:


I just read the artical, and of the two conspeacies and thew money laundering... That seems... Well stupid. Who exactly was he selling the seeds to? There are several hundres of thousands of americans who use marajuana for medicinal purposes.

Which is still illegal. Though I'm not sure if it went through in Oregon, though I think Ashcroft said he'd be prosecuting for it.

It's completely up the Canadian authorities if they want to hand him over, and I commend them for doing so. I think it was the right thing to do, and it makes sense considering the good relations between the two countries.
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