Pubdate: Wed, 14 Jun 2006
Source: Express (Nelson, CN BC)
Section: Page 4
Copyright: 2006 Kootenay Express Communication Corp.
Contact:   http://www.expressnews.ca
Details: http://www.mapinc.org/media/2339
Author: Susan Hollis
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

ROBERTS' CASE DENIED BY JUDGE

Local Paddy Roberts Will Appeal B.C. Supreme Court Judge's Decision 
To Allow Feds To Intervene In Emery Charges

Slocan Valley's Patrick Roberts may have lost the fight to prevent 
Ottawa's involvement in his charges against B.C.'s Pot King Marc 
Emery, but he is willing to take his battle to the bitter end, even 
if it means the Supreme Court of Canada.  By charging Emery and two 
accomplices, Michelle Rainey-Fenkarek and Greg Williams, with 
conspiracy to distribute marijuana seeds, Roberts could have 
prevented American drug-enforcement officials from charging the trio 
with the same crimes, thus preventing their extradition to the U.S. 
to stand trial.  The Emery plot thickened when Canada's Federal 
Attorney General tried to stay Roberts' charges, which would clear 
the way for extradition.  Roberts argued the federal government had 
no place in the legal battle, as the charges were conspiracy related, 
not direct drug charges, which would allow for federal intervention.

B.C. Supreme Court Judge Robert Crawford recently dismissed Roberts' 
motion to prevent the fed's involvement.  Roberts and his legal 
council, Nelson lawyer Don Skogstad, feel Crawford didn't give their 
argument much consideration.

"There could have been a complete analysis of constitutional law, but 
in fact there is just not that much of an analysis in it at all.  We 
are unconvinced by what we've read in the reasons that our position 
is wrong, with all respect to the judge," said Skogstad.  "I think he 
thought we might see a more rigorous dealing with our argument 
explaining perhaps why we were wrong, but you don't see that anywhere 
in the judgment."

Roberts thinks Crawford's decision showed a decisive pandering to the 
federal government.

"The law does not provide the Attorney General of Canada any 
jurisdiction to interfere with this matter," he said, adding he was 
not surprised by what he saw as prejudice tainting the case.  "It's 
not an old concept, this idea of the feds prosecuting.  In most of 
the history of this country it was the provinces that have 
constitutionally held the exclusive right to prosecute criminal law."

Roberts criticized Canada's legal system for not having any avenue 
through which to challenge or understand how judges make decisions.

"It's very difficult to sit the guy down and shine a spotlight on him 
and say, "what the hell are you thinking about?" he said.  "I've 
always been a great supporter of the legal system, but in the last 
years I have seen it really go into the toilet."

Roberts and Skogstad are pushing to have their appeal tried in the 
B.C. Court of Appeals by October.
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MAP posted-by: Beth Wehrman