SirBlazinBowl
New Member
Say what you will about Marc Emery, but in getting himself indicted on marijuana charges by a United States grand jury, the Prince of Pot might well achieve what he's failed to realize through decades of activism his life ambition of legalizing marijuana.
This summer, Emery was indicted on charges of conspiring to manufacture and distribute marijuana seeds and to engage in money laundering. He's now on bail awaiting an extradition hearing and, if extradited and convicted, Emery will face anywhere from 10 years to life in a U.S. prison.
Naturally, with the "persecution" of their patron saint, the usually laid-back potheads are anything but mellow, as they take to the streets across the world today to protest Uncle Sam's hapless and hopeless war on drugs. Even non-smokers are getting into the act: Many condemn the United States for ostensibly violating Canadian sovereignty, while others assail Canada, and Canadian Justice Minister Irwin Cotler, for acquiescing to U.S. demands to export the Prince of Pot.
Whether Cotler had any choice in the matter is an open question: Cotler told The Vancouver Sun editorial board that under the Extradition Act and the Treaty on Extradition Between the United States and Canada, he was required to grant authority to proceed with the extradition hearing because the necessary and sufficient conditions were met -- that is, because the conduct with which Emery stands charged constitutes an offence in Canada that is punishable by two years or more in prison.
Now I'm not a specialist in extradition law, and I'm sure Cotler has a legal opinion attesting to his lack of wriggle room, but the extradition experts I've talked to have some doubts. After all, the Extradition Act uses permissive language throughout: It says that if the necessary and sufficient conditions are met, the minister of justice may grant authority to proceed with an extradition hearing, and a person may be extradited. This seems to leave the minister some residual discretion.
However, the Extradition Treaty replaces the act's permissive language with mandatory wording: The Treaty states that persons shall be delivered up for extradition. So Cotler might be right in concluding he had no alternative but to grant authority to proceed with the extradition hearing; I'll leave it to the experts and the courts to sort through this mess.
Once these questions are resolved, though, Cotler might have to step into the fray once again. Assuming the court commits Emery for extradition -- which is likely, since the judge must only be satisfied that there is sufficient evidence to commit Emery to stand trial -- Cotler will then have clear discretion, under both the act and the treaty, to refuse extradition.
Several of the grounds for refusing extradition are well enough known: If, for example, Emery were facing the death penalty, Cotler would be required to refuse extradition. Similarly, the minister would be constrained from surrendering Emery to the U.S. if Emery were facing prosecution for a political offence.
Newshawk: SirBlazinBowl - 420Times.com
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact: sunletters@png.canwest.com
Website: Canada.Com
Author: Peter McKnight
This summer, Emery was indicted on charges of conspiring to manufacture and distribute marijuana seeds and to engage in money laundering. He's now on bail awaiting an extradition hearing and, if extradited and convicted, Emery will face anywhere from 10 years to life in a U.S. prison.
Naturally, with the "persecution" of their patron saint, the usually laid-back potheads are anything but mellow, as they take to the streets across the world today to protest Uncle Sam's hapless and hopeless war on drugs. Even non-smokers are getting into the act: Many condemn the United States for ostensibly violating Canadian sovereignty, while others assail Canada, and Canadian Justice Minister Irwin Cotler, for acquiescing to U.S. demands to export the Prince of Pot.
Whether Cotler had any choice in the matter is an open question: Cotler told The Vancouver Sun editorial board that under the Extradition Act and the Treaty on Extradition Between the United States and Canada, he was required to grant authority to proceed with the extradition hearing because the necessary and sufficient conditions were met -- that is, because the conduct with which Emery stands charged constitutes an offence in Canada that is punishable by two years or more in prison.
Now I'm not a specialist in extradition law, and I'm sure Cotler has a legal opinion attesting to his lack of wriggle room, but the extradition experts I've talked to have some doubts. After all, the Extradition Act uses permissive language throughout: It says that if the necessary and sufficient conditions are met, the minister of justice may grant authority to proceed with an extradition hearing, and a person may be extradited. This seems to leave the minister some residual discretion.
However, the Extradition Treaty replaces the act's permissive language with mandatory wording: The Treaty states that persons shall be delivered up for extradition. So Cotler might be right in concluding he had no alternative but to grant authority to proceed with the extradition hearing; I'll leave it to the experts and the courts to sort through this mess.
Once these questions are resolved, though, Cotler might have to step into the fray once again. Assuming the court commits Emery for extradition -- which is likely, since the judge must only be satisfied that there is sufficient evidence to commit Emery to stand trial -- Cotler will then have clear discretion, under both the act and the treaty, to refuse extradition.
Several of the grounds for refusing extradition are well enough known: If, for example, Emery were facing the death penalty, Cotler would be required to refuse extradition. Similarly, the minister would be constrained from surrendering Emery to the U.S. if Emery were facing prosecution for a political offence.
Newshawk: SirBlazinBowl - 420Times.com
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact: sunletters@png.canwest.com
Website: Canada.Com
Author: Peter McKnight
