|
|
Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 621
Location: Zion
|
 Posted: Thu Jan 03, 2008 5:44 pm Post subject: Marc Emery |
 |
|
|
| What is the lastest with the Marc Emery case? anyone know? |
|
| Back to top |
|
|
Bongzilla
Stoned On The Mountain
Joined: 03 Oct 2007
Posts: 243
Location: Mountains in E Oregon
|
| Posted: Fri Jan 04, 2008 1:56 am Post subject: |
|
|
|
| I heard he has sold CC to HT. His lawyers are negotiating a deal so the other two co-defendents don't face charges. |
|
| Back to top |
|
|
Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 621
Location: Zion
|
| Posted: Fri Jan 04, 2008 7:28 pm Post subject: |
|
|
|
| did they already have the extradiction hearing? |
|
| Back to top |
|
|
3.14mpDaddy
Antiprohibitionist
Joined: 03 Nov 2007
Posts: 39
Location: Upstate Ny
|
| Posted: Fri Jan 04, 2008 10:14 pm Post subject: |
|
|
|
| Quote: | | The extradition hearing is scheduled to begin on January 21st - January 25th, 2008. Please phone (613) 957-4222 to tell the Canadian Minister of Justice it would be "cruel and unjust punishment" to extradite Canadians Marc Emery, Michelle Rainey and Greg Williams to the United States to face life in US prison, especially when a $200 fine -- not jail time -- is the BC Supreme Court precedent for selling cannabis seeds (See R. v. Hunter, 2000). "If Canadians have broken the law in Canada, they should be given a fair jury trial in Canada. If they wouldn't face any imprisonment in Canada for the charges laid, they should not be extradited to another country to face life imprisonment." |
http://www.cannabisculture.com/ |
|
| Back to top |
|
|
3.14mpDaddy
Antiprohibitionist
Joined: 03 Nov 2007
Posts: 39
Location: Upstate Ny
|
| Posted: Mon Jan 14, 2008 6:20 pm Post subject: |
|
|
|
| Marc just took a 5 year plea deal today. |
|
| Back to top |
|
|
pegleg47227
Antiprohibitionist
Joined: 07 Sep 2007
Posts: 40
Location: Southern Indiana
|
| Posted: Mon Jan 14, 2008 6:38 pm Post subject: |
|
|
|
| I hate to hear that, as well as a lot of people, i'm sure....Why would Canada extridite him to US in the first place? Do you have any more details 3.14mpDaddy? |
|
| Back to top |
|
|
Bongzilla
Stoned On The Mountain
Joined: 03 Oct 2007
Posts: 243
Location: Mountains in E Oregon
|
| Posted: Mon Jan 14, 2008 7:11 pm Post subject: |
|
|
|
The US govt and the DEA have been putting political pressure on other governments since the 60's. The DEA has field offices in many North and South American countries, as well as in Europe. They threaten disfavor on trade and tax issues as they force reluctant governments to get on board.
The world war on pot was started by the US and is still being led by the DEA.
Check this doc out http://www.youtube.com/watch?v=LG9Tm0BgJKM it's about US vs Marc Emery |
|
| Back to top |
|
|
Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 621
Location: Zion
|
| Posted: Mon Jan 14, 2008 7:17 pm Post subject: |
|
|
|
| wow well the 5 years is alot better than life. |
|
| Back to top |
|
|
3.14mpDaddy
Antiprohibitionist
Joined: 03 Nov 2007
Posts: 39
Location: Upstate Ny
|
| Posted: Mon Jan 14, 2008 8:37 pm Post subject: |
|
|
|
http://www.canada.com/vancouversun/story.html?id=e343fa43-da3c-4864-a3fd-999a218650b0&k=80077
| Quote: | Emery agrees to 5 years in Canadian prison
Ian Mulgrew, Vancouver Sun
Published: Monday, January 14, 2008
Marc Emery, Vancouver's self-styled Prince of Pot, has tentatively agreed to a five-year prison term in a plea bargain over U.S. money laundering and marijuana seed-selling charges.
Facing an extradition hearing Jan. 21 and the all-but-certain prospect of delivery to American authorities, Emery has cut a deal with U.S. prosecutors to serve his sentence in Canada.
He also hopes it will save his two co-accused -- Michelle Rainey and Greg Williams, who were his lieutenants for so much of the past decade.
Marc Emery, facing extradition to the U.S. over money laundering and marijuana seed-selling charges, has made a deal with U.S. prosecutors.View Larger Image View Larger Image
Marc Emery, facing extradition to the U.S. over money laundering and marijuana seed-selling charges, has made a deal with U.S. prosecutors.
Ward Perrin, Vancouver Sun
Email to a friendEmail to a friendPrinter friendlyPrinter friendly
Font:
* *
* *
* *
* *
AddThis Social Bookmark Button
The three were arrested in August 2005 at the request of the United States and charged even though none had ventured south of the border.
Since then, they have been awaiting the extradition hearing.
With the proceedings about to begin, Emery says his lawyer brokered the best deal possible.
If accepted by the courts in both countries, Emery said he will serve the full term and not be eligible for Canada's lenient get-out-of-jail-early rules.
"I'm going to do more time than many violent, repeat offenders," he complained. "There isn't a single victim in my case, no one who can stand up and say, 'I was hurt by Marc Emery.' No one."
He's right. Whatever else you may think of Emery -- and he grates on many people, what is happening here is a travesty of justice. Emery's case mocks our independence as a country.
Prosecutors in Canada have not enforced the law against selling pot seeds and all you need do is walk along Hastings Street between Homer and Cambie for proof.
There are numerous stores selling seeds and products for producing cannabis.
Around the corner, you'll find more seed stores. You'll find the same shops in Toronto and in other major Canadian cities.
The last time Emery was convicted in Canada of selling pot seeds, back in 1998, he was given a $2,000 fine.
Emery has flouted the law for more than a decade and every year he sends his seed catalogue to politicians of every stripe.
He has run in federal, provincial and civic elections promoting his pro-cannabis platform.
He has championed legal marijuana at parliamentary hearings, on national television, at celebrity conferences, in his own magazine, Cannabis Culture, and on his own Internet channel, Pot TV.
Health Canada even recommended medical marijuana patients buy their seeds from Emery.
From 1998 until his arrest, Emery even paid provincial and federal taxes as a "marijuana seed vendor" totalling nearly $600,000.
He is being hounded because of his success.
The political landscape has changed dramatically as a result of Emery's politicking for cannabis.
Emery challenged a law he disagrees with using exactly the non-violent, democratic processes we urge our children to embrace and of which we are so proud.
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. |
|
|
| Back to top |
|
|
Mr.C
Problem Child
Joined: 15 Jan 2008
Posts: 615
|
| Posted: Wed Jan 16, 2008 5:57 pm Post subject: That sucks |
|
|
|
Its true..he injured nobody,,most polititions are so misguided when it comes to marijuana. that is so sad to hear..five years is a long damn time for doing nothing..non violent,,and actually helping people overall.
Very Sad |
|
| Back to top |
|
|
JodieEmery
Editor, Cannabis Culture Magazine
Joined: 07 Jul 2007
Posts: 12
Location: Vancouver, BC, Canada
|
| Posted: Wed Feb 13, 2008 4:35 am Post subject: Marc hasn't taken the deal yet! |
|
|
|
No deal finalized for Marc Emery
National Post http://www.nationalpost.com/todays_paper/story.html?id=241147
Published: Wednesday, January 16, 2008
Re: Pot 'Prince' Favours Jail Time in Canada, Jan 15.
Some media outlets have published major errors about the plea deal Marc Emery -- my husband -- is working on with the U.S. and Canadian governments.
First, as correctly reported in the Post, the deal has not been finalized, so negotiations are still under way. The B.C. Supreme Court extradition hearing is scheduled for Jan. 21. Because the deal has not been presented or signed, there is still the possibility Marc will fight against extradition instead of plea bargaining.
Secondly -- as also correctly reported in the Post -- co-accused Michelle Rainey and Greg Williams' charges have not been dropped. They are not mentioned or included in the deal. Marc has stipulated he will only take the deal if his co-accused be spared from jail or prison, but further negotiations are needed to that end.
Lastly, Marc would still be extradited to the United States under temporary extradition and serve jail time, as the deal requires he plead guilty to charges in both Canada and the United States. He would serve six to nine months in a U.S. jail awaiting sentencing, and then the Americans would have 45 days to return him to Canada. He must serve no fewer than five years of the 10-year sentence in Canada as part of the deal.
Thank you for allowing me to clarify my husband's possible fate.
Jodie Emery, Vancouver.
_____________
Hello again, Never Get Busted forums!
As you can see from my letter published in one of our national papers, Marc has not yet taken a deal. He has not sold Cannabis Culture Magazine, he has not gone to prison, he has not signed any plea. We're just waiting. Which is one of the best defenses. 
Let me explain some things. I'm posting the following from various parts of the No Extradition forum at the Cannabis Culture forums. See www.NoExtradition.net for links and ways to help.
Included in the negotiations are conditions the US insisted Marc Emery agree to:
1) All money, assets, interests forfeited. Submit to a polygraph exam to make sure there's no money hidden (there's not).
2) Enter guilty pleas for all three counts in Canada.
3) "We insist that Emery agree to the imposition of a 10-year sentence in both the United States and Canada. The 8 or 9 year sentence alluded to is not acceptable."
4) Term of incarceration: "We require the Canadian plea agreement contain a stipulation that Emery be sentenced to a total of 10 years, and that he will serve at least 5 years in custody. Must also agree not to request accelerated parole or any other form of release prior to serving at least 5 years."
5) Marc would begin Canadian sentence immediately, then be sent to the USA to be held then sentenced there (for how long is up to the US). However, under a Temporary Extradition (something our extradition lawyer has discovered and used successfully once before), Marc would have to be returned to Canada within 45 days after sentencing. He then finishes his Canadian prison term of 5 years, no less.
Here's what would happen if Marc accepts the deal:
1) Marc goes to Canadian court, pleads guilty, is sentenced to 10 years.
2) Marc goes directly to Canadian prison awaiting extradition to the USA.
3) Marc is extradited to the US, pleads guilty in US, and waits in US to be sentenced (6-9 months).
4) Whatever the US sentence is, Marc returns to Canada within 45 days after sentencing (under temporary extradition).
5) Marc finishes serving Canadian sentence of 10 years, with no possibility of release until 5 years have passed.
But, like I said before, Marc has not yet accepted the deal. First, our lawyer proposed it then the US accepted with their stipulations; and then the Canadian government agreed to enter negotiations, which is what derailed the extradition hearing. However, the hearing is only on hold until we accept the deal -- which Marc has said he will only do if Michelle and Greg are not given any jail time -- or turn it down, which would take us back to the extradition hearing process.
I'm still working very hard to ensure Marc not cross the Canadian-US border. Every person we've heard from (and that's hundreds!) have said the US is not to be trusted with the Patriot Act, Military Commissions Act, extraordinary rendition, etc. And I don't think Marc should spend one day in the US.
If I get my way, there is no US extradition whatsoever.
I can't wrap my head around the Double Jeopardy being necessitated by this deal. I don't understand how the Canadian Government refused to charge Marc in 2003/04, so "the file made its way to the DEA" (Vancouver Police Department officer quote caught on a DVD) resulting in a 2005 indictment in the USA and the raid on July 29th 2005.
Then in 2006 an unknown-to-us Vancouver businessman named David McCann filed a private prosecution against Marc with the same charges in Vancouver, BC, Canada. Doing so would create a double jeopardy situation, so the Federal Government intervened and stayed the charges. That was strange, and somewhat improper... but so it goes.
Paddy Roberts, realizing that something wasn't right about McCann's case, filed the same charges again in Nelson, BC. The Federal Government again stayed the proceedings... but Paddy knows the dirty tricks our governments play, and said so. He's right, the government is wrong, and his charges are supposed to go forward, but the government and court is trying to get Paddy's charges "dealt with" post-extradition. They're kind of breaking the rules doing that, but they don't play fair, so...
Suddenly this deal comes up. It's an unprecedented strategy, very particular. We wanted to refuse it at first. But then Christmas came and went, and the hearing was drawing near. We met with our lawyer and went over the deal offer. It was an unsatisfactory deal when we first got it, but began to sound "good" when told you have no strong defense or legal arguments, when you research extradition cases and realize it's almost a rubber-stamp process, when a recent new Extradition Act requires only "dual criminality" (crime in both countries), when your primary arguments have been employed before by others and failed, when you're facing life in an abusive, oppressive, dangerous US prison system and get offered 5 years in Canada's "Club Fed" prisons, when your lawyers for are telling you how crazy it would be to not take this deal... and that, perhaps, you can work in a stipulation that Greg and Michelle get no jail time. The pressure was intense.
And Paddy is right when he says this is about money. It's disappointing that many of the once-needy people Marc gave so much money to over the years are not returning the help when it's so needed on our end. It's unfortunate that many people truly believe "Marc Emery is a millionaire" and think he has hundreds of thousands of dollars to hire a huge team of lawyers and mount a big expensive fight. Well, it's not true. Marc is dead serious when he says he gave it all away. He's never saved money. The aim of the seed business was simply to fund the anti-prohibition movement. And he was very successful. He gave it all away as soon as any profits were made. He had nothing once the seed business was shut down. The magazine has been our sustenance since then. Justice is so very expensive. Yes, since 2005 we've received $90,000 in donations, but that has all been consumed by our lawyers and fees in the three years we've been able to fight this far. There's no more money, and the donations are few and far between. As such, the deal is the most affordable option. I think it's about 98% of all court cases that are settled with deals. Most can't afford to fight. Justice is not cheap.
Back to the deal... It's most peculiar, and unsettling to me for one main reason. I've figured out why this deal is so confusing to most people. It's because it's so simply wrong on the very face of it all. Here's why; the deal requires the following:
1) Canada charges Marc with the same offenses in Canada. He pleads guilty. He is taken into custody to await (immediate?) extradition to the US.
2) Marc is in the US and pleads guilty to the charges. He waits in a US jail pending a pre-sentencing report. That process can take 3 to 6 months, or longer.
3) Once Marc is sentenced in the US, authorities there have 45 days under a Temporary Extradition order (only applied once in history) to return Marc to Canada.
4) Marc returns to Canada and serves his 10-year sentence in minimum security federal prison, with the condition he must serve 5 years before being eligible for parole.
I don't know about you guys, but it sounds like the deal basically requires double jeopardy, seeing as Marc would be charged with the same crime in both countries. And that raises some more questions, especially when I consider the David McCann and Paddy Roberts strategies...
A) Why will the Canadian Government only charge Marc in Canada under a deal that requires he go to the US and face charges?
B) If charges can be laid in Canada under our laws with the acknowledgment of our government for the purpose of this deal, then why does the US have to be involved at all?
C) If the Canadian Government is willing to charge Marc in Canada under the deal, then why can't they just charge him here anyway? Why did they stay the previous charges?
D) If it's a crime in Canada to sell seeds, and Marc was in Canada at all times, then why can't Canada charge him here and refuse extradition? Why didn't they do it before the US got involved?
If the Canadian government is now agreeing to charge him here (under the deal), then why is any extradition needed at all? That keeps running through my head and I just don't get it. Why won't our government charge Marc here and refuse extradition? Why does he have to go to the US at all?
I'm disturbed and feel uneasy about that part of the deal, just as every single person who has contacted us has said. They don't understand or feel good about the US involvement, the Temporary Extradition. Politicians, the media, the public... no one understands why this deal should be accepted. That's why I'm still telling everyone to call the Justice Minister and say "Refuse Extradition!" It's why I'm contacting particular politicians and rallying support from the opposition parties in the event of an election face-off with the Conservatives. I have way too many questions that need to be answered, and I think every Canadian is wondering about the very same things.
Like I said at the start of this post, if it were up to me, there is no US extradition whatsoever. If I have my way, this fight will go on with a strong and passionate defense until whatever end. I'm not letting Marc, Greg, or Michelle spend one day in the US, not if I can help it. |
|
| Back to top |
|
|
Mr.C
Problem Child
Joined: 15 Jan 2008
Posts: 615
|
| Posted: Wed Feb 13, 2008 7:33 am Post subject: |
|
|
|
I cant wrap my head around ANY of it,,the way America violates the sovereignty of so many other countries is totally baffling to me,,
Thank You for the update Jodie
Stay Strong! |
|
| Back to top |
|
|
PondRacer
Antiprohibitionist
Joined: 27 Feb 2008
Posts: 15
|
| Posted: Sat Mar 01, 2008 3:25 pm Post subject: |
|
|
|
What of Overgrow.com?
I know there are archives of it floating around, but not where to find them.
I like being an American, but I am ashamed at the government here, for a lot of reasons (the 'whore' on drugs is a big one).
PondRacer |
|
| Back to top |
|
|
trox9999
Antiprohibitionist
Joined: 17 Feb 2008
Posts: 64
Location: Canada
|
| Posted: Sat Mar 01, 2008 5:40 pm Post subject: |
|
|
|
Marc Emery, Michelle Rainey and Greg Williams appeared in BC Supreme Court to schedule dates for the extradition hearing.
However, because plea deal negotiations are underway between Marc Emery's lawyer and the governments of the US and Canada, the court appearance was adjourned to March 5th, 2008.
Once the deal proposal is finalized and offered to Marc for review (which may or may not happen before March 5th), Marc will decide whether to accept it or not.
If he doesn't want to accept the proposed deal, a court appearance will be scheduled to set new extradition hearing dates. If he does accept the deal, he will have 30 to 60 days of freedom left before being temporarily extradited to the United States.
-------------------------------------------------------------------------------------------------
"If I don't die in jail, i'm gonna come back triumphal, their gonna elect me Justice minister, then I'll make pot legal and it will be like a fairytaleending...
ither ones a fairytale ending, if I die in
jail or get murdered or something like that that’s
good too!”~ Marc Emery~ |
|
| Back to top |
|
|
socrateez
Stoned Philosopher
Joined: 01 Feb 2008
Posts: 1226
Location: I'm the person to your right.
|
| Posted: Sun Mar 02, 2008 3:53 pm Post subject: |
|
|
|
The U.S. has no double jeopardy between State and Federal authorities. You can be charged twice with the same crime here. I see no reason why the U.S. would see Canada as an exception since the gist of double jeopardy has more to do with maintaining the sovereignty of governments than protecting individuals.
Since Canada and the U.S. are separate political entities, there is no double jeopardy.
It sucks and its wrong. Ive seen pissed off prosecutors who have been bested in the courtroom, throw the offender to the "Feds", who last I checked had a 98.5% conviction rate.
It is not the job of any U.S. policing agency to affect the politics of other nations. period. Unfortunately many eyes are only opened after being swallowed by the beast. Then your voice is lost. Thats what they want more than anything, Marc Emery and others like him to be silenced. It would also set a great precedent for legally snatching whomever they want.
I love my country and the truths it was founded on. I cannot justify my country's intrusions into the sovereignty of other nations and the imposition of its agendas through policing agents.
I agree, don't set foot in the U.S. hostile zone.
Don't let any of the agreement censor or silence Marcs political activities.
Again, I love the U.S. and its peoples, but don't trust its government. Ask the Indians just to start. |
|
| Back to top |
|
|
|
