Wednesday, January 02, 2008

The Marc Emery Case: Liberal Cowardice Conservative Collusion


It is a crime to sell marijuana seeds in Canada; that is why Emery can be shipped off to the States to face charges. People have been charged with such a crime in Canada before and one person, Ian Hunter, was even convicted in 2000. Hunter was ordered to pay $200. Under US law Emery is facing a minimum of 10 years and could get life.

The other thing that makes it possible for the US to request that he be set down is that despite the fact that Emery has paid over a half a million in taxes for what he told revenue Canada was "selling marijuana seeds" he has not been charged under Canadian law. If he was facing charges in Canada and no one doubts that he is guilty of such a crime, he can not be extradited to the States. That is why various activists have been trying force the government to charge him under Canadian law. They employ an argument many conservatives like to employ. If Emery did the crime, he should pay the $200 fine.

As for the money laundering charges, they are a joke. One only lauders money to disguise one's ill gotten gains, Emery has never disguised the amount of money comming in and where he has gotten it. As already mentioned, he told revenue Canada he made the money "selling marijuana seeds". If that is not enough, giving money to various marijuana legalization campaigns could only ever be money if Emery got all or part of the "laundered" money back. Emery never got any “laundered” money back. The money laudering charges are not going to stick.

Stephane Dion is willing to stand up to Omar Khadar, but is unwilling to lift a finger to prevent Canadian from being extradited to the US to face a minimum of 10 years for a crime that has been not been prosecuted in Canada for 7 years and that only ever warranted a $200 fine. This is typical Liberal bad faith. Naturally the Conservatives are over joyed. When “activist” judges are unwilling to hand down no more than a $200 fine and activist cops are unwilling to arrest seed sellers, rendition to the US is apparently a live option. The Canadian justice system be damned.

7 comments:

Johnathon said...

The Canadians justice system is already a joke.

Raping your own 4 year old live on the internet -4 years.

Killing a family drinking and driving- house arrest.

You're right, the justice ssytem is damned to hell.

Anonymous said...

I'm sorry. Is he Canadian or American? If he's CAnadian he should stay here. If he's American he should be sent back to his own country for breaking their laws.

Anonymous said...

Ok he's Canadian, so even if he is extradited, tried and convicted in the States, he will be sent back to Canada to serve his time here under Canadian sentencing laws. If he has broken the law in the US by using the mail service to distribute an illegal substance then he will have to answer for that. This process protects innocent victims of crime and justice systems where criminals come from other countires. The extradition treaties work both ways and it is not the Canadian governments place to question sentencing in the US. It is the US people's place. It's not up to us to tell them how to administer their legal justice system.

Would you want someone who committed crimes in Canada, say raping children, or even stealing from old ladies to be able to go to the US and not face justice??? You question this entire process when you aregue that this man should be able to break US law and hide in Canada.

As I have said however he can face justice in the US and then be brought back to Canada to serve his sentence here under Canadian guidelines.

My advice to people who dont want to end up in US jails is to not import drugs to their country.

Your strategy wouldn't work, by the way, because even if he is convicted of selling seeds in Canada, they will extradite him for mail fraud, just like Conrad Black. We dont have similar laws here for that.

Koby said...

"Ok he's Canadian, so even if he is extradited, tried and convicted in the States, he will be sent back to Canada to serve his time here under Canadian sentencing laws. If he has broken the law in the US by using the mail service to distribute an illegal substance then he will have to answer for that. This process protects innocent victims of crime and justice systems where criminals come from other countires. The extradition treaties work both ways and it is not the Canadian governments place to question sentencing in the US. It is the US people's place. It's not up to us to tell them how to administer their legal justice system."

You obviously did not read the post. Two points: one if Emery would be convicted of such a crime in Canada, and selling marijuana seeds is illegal, then he could face a small fine. Your saying that Emery is going to be sentenced to life in prison in the States only to be shipped back to Canada by the US to face an $200 fine is ridiculous and reveals your total lack of understanding of the issues involved. Two, the only reason that Emery is facing extradition to the States is that Canada has not seen fit to prosecute someone for such a crime for 7 years! So your assertion that Emery should do the time if he did the crime is so much conservative clap trap. He is only facing time, because such a law is no longer enforced in Canada.

Ron said...

If the Americans were trying to subvert, avoid and manipulate Canadian law you would be outraged and yelling to high heaven. You are actively asking Canadians to subvert, avoid and manipulate American law and think it is just fine. This says a lot about your commitment to democracy. He broke an American law. He should be sent to America to be tried and accept the decision of the American courts. Canadian laws or decisions to prosecute or not are not a factor - everyone knows they are just a joke anyway.

Koby said...

"You are actively asking Canadians to subvert, avoid and manipulate American law and think it is just fine. This says a lot about your commitment to democracy. He broke an American law. He should be sent to America to be tried and accept the decision of the American courts. Canadian laws or decisions to prosecute or not are not a factor - everyone knows they are just a joke anyway."

Christ you do not have a clue. This is really not that difficult a concept. Under the terms of the treaty a person can only be extradited if the crime is alleged to have committed is also illegal in Canada. Furthermore, a person only be extradited if he is not facing charges in Canada for the same crime. Are you still with me? The problem with Emery being sent to the States is thus this. It is de facto legal to sell marijuana seeds in Canada. No one has been prosecuted for such a crime in more than 7 years and never carried that stiff a sentence anyway. It is one of those laws that is still on the books, but is never enforced. There are plenty of such laws and no one takes them at all seriously. Calling for someone to be extradited for something that is for all intents and purposes legal at very minimum violates the spirit of the treaty.

As for ridiculously stupid do the crime do the time argument you have been hosted on your own petard. If what Emery did is truly a crime, and not de facto legal, he should be prosecuted by Canadian authorities. There no lack of evidence.

Koby said...

By stiff sentence I meant fine. $200 to be specific.