Pubdate: Tue, 16 Aug 2005
Source: Province, The (CN BC)
Copyright: 2005 The Province
Contact:  http://www.canada.com/vancouver/theprovince/
Details: http://www.mapinc.org/media/476
Author: Ian Bailey
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?196 (Emery, Marc)

COTLER MUM ON EMERY EXTRADITION CASE

Federal Justice Minister Irwin Cotler refused to take a stand yesterday on 
a bid by the U.S. to extradite marijuana activist Marc Emery.

"To steal a line from Dickens, I think it was a very artful dodge," said 
Kirk Tousaw, a campaign manager for Emery's B.C. Marijuana Party.

Tousaw, at a question-and-answer session with Cotler at the 2005 convention 
of the Canadian Bar Association in Vancouver, asked why Cotler allowed the 
launch of extradition proceedings against Emery and others who are "being 
targeted for life prison terms" in the U.S. as part of a "politically 
motivated prosecution."

Noting Cotler could refuse any extradition request, Tousaw said: "It is not 
simply a question of rubber-stamping a U.S. request. He can refuse. The act 
is quite clear."

Emery is wanted in the U.S. for selling hemp seeds over the Internet. The 
U.S. extradition request is before the courts.

Cotler said he could not discuss the Emery case.

"I find it somewhat surprising that people will approach me with respect to 
an extradition matter, for or against, and ask me, say, not to extradite X 
when the matter of X is before the courts, which is presupposing how the 
courts will deal with that matter," he said.

"The matter will not come before me until such time as the courts commit 
somebody for extradition."

On other issues, Cotler said:

- - He supports tougher sentences for impaired driving, driving causing death 
or serious injury and even street racing.

- - He intends to eliminate conditional sentences for crimes of violence, 
including sexual misconduct.

"I will be proposing reforms in that regard this fall," he said.

Conditional sentences allow an offender to serve a sentence of less than 
two years "in the community."

- - He has no plans to change the law that makes it an offence for a juror to 
divulge the secret deliberations in the jury room.

Academics say there are flaws in our jury system -- especially regarding 
how little jurors understand of their instructions from the judge -- but as 
long as they are muzzled from speaking about events in the jury room, there 
is no way to fix the flaws.

- - He supports national standards for civil legal aid and will propose 
standards to cabinet this fall.

"We have to look at legal aid as being important to access justice as, in 
another context, we look at the question of health care as being important."
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MAP posted-by: Jay Bergstrom