Pubdate: Thu, 04 Aug 2005
Source: Nelson Daily News (CN BC)
Page: Front Page
Copyright: 2005 Nelson Daily News
Contact:  http://www.nelsondailynews.com/
Details: http://www.mapinc.org/media/288
Author: Andy Prest, Daily News Staff
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?196 (Emery, Marc)

NELSONITES WATCHING POT KING MARC EMERY'S U.S. SAGA

Questions And Concerns: NCP Says Emery Outcome "Will Be Interesting,' 
Supporters Say Arrest Raises Question Of American DEA Presence In B.C.

The arrest and possible extradition to the United States of one of Canada's 
most well-known marijuana advocates has many people in Nelson, an oft-noted 
hub of pot culture, taking notice.

Last week, Canadian citizen Marc Emery, referred to as "The Prince of Pot" 
in an RCMP search warrant was picked up by police in Halifax and his 
Vancouver shop was searched at the request of American law enforcement 
agencies. Two other employees at the Vancouver store were also arrested.

Emery, the leader of the B.C. Marijuana Party and a driving force behind 
Cannabis Culture Magazine, was released on bail Monday and will now await 
extradition hearings.  If sent to the States he could face minimum 10-year 
prison sentences for drug charges stemming from a mail order seed business 
he runs.

"I think it's a complete outrage and it's an infringement on Canadian 
sovereignty," Alan Middlemiss, a co-owner of Nelson's Holy Smoke Culture 
Club, told the Daily News.

"We've known that the DEA [America's Drug Enforcement Administration] has 
been active in Canada beyond their jurisdiction for quite some time.  We 
know that they have an office in Vancouver," Middlemiss said.  "It would be 
a travesty if the government was to extradite him."

The DEA set up an office in Vancouver in 2003.  There is also a DEA office 
in Ottawa.

Middlemiss went farther, warning that if may not be a stretch to think that 
the DEA could be active in the Nelson area. Donald Skogstad, a local lawyer 
who has participated in many cases involving marijuana laws, also voiced 
concerns about American police presence in Canada.

" I think it's a sovereignty issue," he said.  "Why do we need the help of 
another country to enforce our own laws in this country?  But that's what 
the DEA is doing here.  You know, is this Colombia or is it British 
Columbia?  You sometimes wonder.  In the drug area it seems like we 
sometimes have progressive ideas about changing the laws but regressive 
ideas about using American police forces."

Skogstad said that the drug policies of American authorities are 
out-of-step with the beliefs and policies of all other western, democratic 
nations.

"I think the average Canadian would tell you that they have no interest in 
prosecuting Marc Emery for doing that, maybe even the average American 
would say that.  But the American authorities say otherwise.  They're the 
guardians of our morality, are they not...They put themselves into that role."

Skogstad said that Canadians officers involved in the Emery case could not 
refuse to assist American law enforcement agencies.  According to Mutual 
Legal Assistance Treaty, Canadian officers, including Nelson RCMP or city 
police, should the request ever come, must assist in American criminal 
investigations.

"The treaty operates in parallel.  The Americans have no advantage in the 
treaty, they'll just use it more," he said.  "The only thing [Canadian law 
enforcement officers] can say no to is DEA agents coming here.  DEA agents 
can operate in Canada but only with permission.  If police here are asked 
to assist in a criminal investigation for charges in the U.S., then they 
must, by treaty, do so."

Inspector Henry Paivarinta of the NCP confirmed that international treaties 
set out how law enforcement agencies across the border deal with each other.

"Our role would be no different than any other law enforcement agency that 
is involved with the DEA," he said.

Paivaranta said that the Emery case is a matter of interest for police here 
and they will be keeping an eye on the proceedings.

"Because it is happening here in British Columbia and because of the high 
profile of the players it'll be interesting to see how it pans out."
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MAP posted-by: Jay Bergstrom