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Emery - grudgingly accepts plea bargain

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Marc Emery has agreed to accept a plea bargain and remain in Canada to serve his 5 proposed 5 year term, as opposed to extradition to the US for a much longer term.

The catalyst for this choice was urging by his lawyer's that his partners would also not face extradition and life sentences for working in administrative roles at the Vancouver seed bank.

Despite Canada having no law against the sale of seed, his running a forthright and open business in Downtown Vancouver, paying $600,000 in above board taxes to the Canadian government. US and Canadian police raided his store and arrested him to await extradition to the US for selling seeds into the US.

Seeds are easily bought on line and shipped from countless sources around the world into the US daily. However they have to make an example of someone, so why not Vancouver's Prince of Pot.

Knowing their actions would hardly impede him, they arrested his two partners and THAT was the straw that broke the camel's back.

[i] the extradition issue really crystallized conservative Canadians who don't care about marijuana legalization per se but grabbed a hold of the flagrant breach of sovereignty which occurred when the DEA-led campaign arrested Marc, followed by the extradition attempts. Trying to take a Canadian to be tried in the US on US charges!?!?! Asinine indeed and most of Canada agreed.[/i]

More:http://www.urbanvancouver.com/node/5916

Also:
http://www.canada.com/vancouversun/story.html?id=e343fa43-da3c-4864-a3fd-999a218650b0&k=80077

26 replies

by charliespencer

Context, please. These links are to source material over two years old. Why dig this up now? What's the relevance?

Heck, here he'd already be out on parole by now.

by shellbot

I see the thread with your seminars has been removed already..
typical..the first time i post in a thread in like a month and it gets pulled..

* sigh *
no one lets me have any fun anymore...

by santeewelding

I, too, would be incensed, outraged, and beside myself were the supplier of my garden vegetable seeds arrested and locked up.

That is what this is about, isn't it?

by oz_media

Being arrested in Canada for a crime that is not a crime here is pretty much the same as being locked up in the US for growing tomatoes.

I equate it to gun laws.

Let's say Canada's RCMP went to the US and wanted someone arrested for keeping a gun under his store counter, as it did not comply with CANADIAN gun registration laws. Would you accept US police arresting him at his store and his facing either extradition to Canada for trial or being punished in the US for a completely legal firearm? Not only that but facing a sentence more extreme than a homicide case?

by puppybreath

They're the people that were legally elected into office. Stop whining just because your candidate(s) didn't win and you don't agree with their decisions. You can remove them in the next election if you don't like the way things are being run.

"But along the way he has angered the anti-drug law-enforcement community -- the same gang that insists we must continue an expensive War on Drugs that has failed miserably for more than a quarter century and does more harm than good.

Canadian police grew so frustrated that neither prosecutors nor the courts would lock up Emery and throw away the key, they urged their U.S. counterparts to do the dirty work."

by oz_media

Canadian RCMP insists it was due to a prior, longstanding agreement that was put in place to allow for border crossing criminals to be tracked down, avoiding the same rush to the mexican border menatlity seen in the south.

In case you haven't noticed, Canada does topple its government at will. Where have you been?

That "GANG' they are referring to is the US war on Drugs.

In short, US DEA agents pushed local Vancouver City Police, to enforce a US search warrant on Canadian soil and tried to exatrdite him. Canadian courts said, NO WAY, and protecte dhis right to trial in Canada. Now it has come ot a point of a plea bargain due to his partners facing extradition charges.

You are also missing the key point, he is being tried for a "crime" that is NOT a "crime" in Canada. Something that he has legally operated as a business and paid over half million in taxes for.

It's no different than Canadians insisting the US police go and arrest someone in their business for having a gun under the counter that doesn't pass Canadian registration laws. And THEN insisting he is either brought to Canada for trial or stays in America to be tried for a crime that doesn't exist in the US.

This is about the legal, judiciary system, cowtowing to teh US legal system, not someone sitting in Canadian Parliment.

When you get the story straight, or at least go back far enough to understand what really happened, try to offer a more realistic and reasonably accurate reply instead.

by jamesrl

There have been cases where someone in the US has shipped guns that were illegal in Canada from the US to a Canadian. Do you think Canada should not ask the US to extradite someone in that case?

Its the same principle.

Edited to add: If he had chosen not to ship seeds to the US and only to ship to Canadian customers, he would not have gotten into this position.
James

by puppybreath

I found:

"Canadian police grew so frustrated that neither prosecutors nor the courts would lock up Emery and throw away the key, they urged their U.S. counterparts to do the dirty work."

That sounds more like the Canadians asking for help rather than the U.S. pushing their weight around.

Maybe YOU should get the story straight or check your links so they don't contradict your biased views.

It still boils down to you not accepting a decision made by your government. You criticize others in the U.S. for complaining about government policy and then do exactly the same thing when you disagree.

Pot, meet kettle.

by oz_media

Why would he be subject to exatratidion OR facing a far more severe sentence in Canada?

by jamesrl

We extradite to the US and they to us under treaties that have existed for a long time. Conrad Black would have been extradited if he failed to go to the US voluntarily. Emery continued to ship to the US long after he knew from lawyers and others that he could and would be charged if he continued.

Canada does have conditions. Usually people who are extradited are given a hearing to ensure there is a valid case against them. Canada will not extradite a person if they are going to face a death sentence, although there is a case now where a Canadian is facing the death penalty in the US and the Canadian gov't won't intervene(he clearly killed someone in cold blood).

Marc is getting heavy handed treatment because he thumbed his nose at the US government for over a decade. Perhaps if he had stopped selling to the US, there would have been less agressive pursuit of him.

James

by oz_media

I can go to the corner store, buy a copy of High Times or just pop online and order seeds from dozens of places all over the world and have them shipped into the US at will.

Google search phrase- cannabis seed ordering
Returned hits: 14,600,000

Hemp depot -(From Eastern Canada):
"Fast mail (USA only) $15.00 (5 to 7 business days)"

Rhino Seeds UK - US delivery
Guaranteed Delivery (5/6 Days Approx) ?8.50

BC SEEDS. World's Strongest Marijuana Seeds from BC. (unrelated to Emery)
US delivery via self addressed stamped enevelope.

Maryjanesgarden.com is affiliated with Amsterdammarijuanaseeds.com- "Order now and receive 20 free marijuana seeds with
every order"
FAQ's:Do you ship world wide ?
YES ! It is impossible for us to check all laws in every country, so our advice is to check your local laws [b]about receiving[/b] cannabis seeds.

Many offer actual marijuans ordering too, not just seeds. I am sure there is a far greater risk of a quarter ounce of high grade bud being caught entering the US than a package of seeds in a brown envelope though, but you can still order it.

I haven't noticed a rash of global crackdowns recently due to the War On Drugs.

Just on a Canadian activist that has also financially supported politicians and pays taxes, making his business above board.

Why are they not extraditing people from Amsterdam or other Canadian locations that offer similar products from massive (much larger that BC's Seed Bank or Cannabis Cafe) bulk warehousing and production facilities?

by oz_media

I am talking about raiding your place of business, even though you are not there, arresting your coworkers and demanding your extradition.

by santeewelding

And, they are not my coworkers. Workers are under me. Before you so much as try to address them, you go through me, first. That has always been my promise to them.

Going through me, first, will be a tribulation, I promise.

by oz_media

Hypothetical:conjectural; supposed; theoretical
In addition to operating several retail locations, a publishng company and an Internet TV station in Vancouver, he also operates in the political field and helps provide legal (political and financial) support to others all over Canada. He doesn't have th luxury of sitting in one place, just as most business owners, at a similar level of business operations don't either. We aren't talking about small business.

by oz_media

As I don't know about you or your business, of course the comment was hypothetical. Hypothesis works when in direct reference also.

"What if, 'you' were walking to work one day and got run over by a bus, would 'you' feel their insurance should cover it?"

'I don't walk to work.'

"So, what if?"

by oz_media

That was a PO'd conclusion from their own website. Of course I saw it and understood it before posting it. Inlike many here I do actually read my links. As this is about the forth post I've made on this story over several years, including the rginal police raid, I think it's fair to say I understand how it was executed. However, this is the first time the Canadian forces have even been mentioned as having a motive, even judges and lawyers that have responded to questioning on this case in the past explain that their hands were tied as they were urged by teh US DEA.

"Court documents showed that four American navy undercover agents were used to try to buy marijuana and then smoke it at the Cannabis Cafe."

"In November 2002, then US Drug Czar John Walters visited Vancouver to give a speech at a luncheon sponsored by the Vancouver Board of Trade. Emery bought a table for himself and other local cannabis activists, and heckled Walters [b]as he spoke about the need for Canada to embrace the "War on Drugs"[/b]

So the quiet, little old USA just sets their mind on their own business, not interested in Canadians until the Canadian government asks them to help? As if you are needed to help us enforce your own strict US laws that do not apply in Canada?

He was breaking any Canadian laws. Why would we need help? That's just the conjecture of a Vancouver Sun reporter. That same report also notes that: "Prosecutors in Canada have not enforced the law against selling pot" (They have actually, selling pot is a crime that is enforced constaltly with assigned squads, but not seeds). So the reporter again is a bit skewed in his 'facts'.

"Prosecutors in Canada have not enforced the law against selling pot "
They operate uncontested and they also ship to the US.

"Around the corner, you'll find more seed stores. You'll find the same shops in Toronto and in other major Canadian cities."

As you will in many countries worldwide that also ship to the US and Canada.

"The three were arrested in August 2005 [b]at the request of the United States[/b] and charged even though none had ventured south of the border."

If you like, I can offer a different source to the same issue, I just went with that one as it has been kept up to date regarding his extradition, while the more common news found that it just isn't newsy enough for them.

You read it, however rather selectively.

Of course it is a joint operation (not pun intended) and it took Canadian authorities to raid his store. but to suggest it was due to Canadian police frustrations is just naive on the part of teh Sun's reporter. the US has been on this one for years, and Canadian judge has never said no to an extradition, before. So obviously the Canadian court respects his rights to operate his business, as do the many politicians who have stood in his favour over the years.

This is a case of the US leaning on Canada for action. I understand they can, and it has been effective in the past for sovling murders and bringing people to justice on both sides of the border. This is just abusing that Canadian obligation though.

Are some of our own politicians responsible for cowtowing to the US? Yes, of course, and the DEA knew they would bend over upon request and took advantage of that. It was an action brought on by the US, not Canadian police.

by puppybreath

your gripe should be with your own politicians, not the U.S.

"Are some of our own politicians responsible for cowtowing to the US? Yes, of course, and the DEA knew they would bend over upon request and took advantage of that."

If the DEA knew that their request would be honored, why wouldn't they ask? If it helps them prevent a "crime" based on current U.S. laws, aren't they being negligent if they don't use every legal means possible to do their job?

by oz_media

I already know Canada's polics are a corrupt bunch that is forced to act in the political favour of others. Thankfully Canadaian judges know too and they don't play eth same game.

But sovreignity can only cowtow when it is urged to do so, thus I also impart blame on the US. Instead of simply rading his office, finding shipping records and allowing him to face the normal course of action through our courts, they wanted to exatrdite him. They know very well that nothign would happen to him up here, so they detain his two partners who run the lecal storefront and magazine creation. They then tell him they will face up to a 25 year sentencde in US prison if he doesn't accept a plea bargain. He to 5 years in a Canadian prison, having to change his personal, moral and legal stand, due to thhreats placed on others, for his own actions.

It's just sly, skuzzy and underhanded all around.

by oz_media

I was wondering what the f' you were talking about.

I posed a hypothetical question, which you dismissed as inapplicable because it did not reflect your reality. When I mentioned it was hypothetical, as if you actually didn't get that in the first place, you questioned the first part references, which I just also explained to you.

As for wiggling, you have done all but reply to the question, and yet I am the one have offered clarity on my intent several times now.

So one more time, "IF you were in a position where, hypothetically speaking, Canadian police requested your arrest and extradition for breaking a Canadian law, that was completely legal where you were, would you think it was fair and just for US police to raid your place of business, arrest employees that had not committed a crime either, and ask for your extradition to be tried under Canadian law? And, if so, if that same law was broken by thousands worldwide, nay even much larger and publicly available than yourself, would you not suggest your were being victimized needlessly?"

I'll answer that for ,as it is clear by your character that your reply is "Of course not. They better not dare even try! Why are they making an example out of me when I am but a tiny, almost insignificant part of the problem?"

Funny but when I posted about his initial arrest several years ago, most in America that had replied, agreed it was wrong.

Now, because people simply must disagree with me for the sake of disagreement, I see people holding on to the weakest arguments to defend themselves. :D

You are simply laughable. You spew utter nonsense and then try to defend it by talking in circles and pointing a finger and blaming me for wriggling.

No wonder nobody takes American's seriously.

by santeewelding

I had no idea of who or what this was about until you brought it up.

I do have an inkling of who, what, and how [i]you[/i] are about, to which I pay near all my attention, to near exclusion of your subject matter.

How it is that you contain the matter of a subject is therefore paramount to me. It's a double whammy when the very subject is your containment.

Container fractured, your matter runs out all over the floor, uncontained. In the case of containment itself being the subject, you run out all over the floor, uncontained.

Second thought, maybe you had better not relax.

by Member 25348569

to use apostrophes appropriately?

Well, more likely it's the caulkhead turned canuck who seems to have problems...

by maxwell edison

[i]Any American's ability to use apostrophes appropriately?[/i]

Unfortunately, you're correct more than not.

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