Pubdate: Tue, 11 May 2010
Source: Province, The (CN BC)
Copyright: 2010 Canwest Publishing Inc.
Contact: http://www.canada.com/theprovince/letters.html
Website: http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Laura Baziuk, The Province
Bookmark: http://www.mapinc.org/people/Marc+Emery
Bookmark: http://www.mapinc.org/people/Kirk+Tousaw

POT PRINCE GOES DIRECTLY TO JAIL

Marc Emery Will Apply to Serve Sentence Here

Pot activist Marc Emery is preparing for a U.S. prison cell after
Canada's federal justice minister ordered him extradited Monday, but
there's a chance he could serve his sentence in Canada, his lawyer
said.

The self-proclaimed "Prince of Pot" addressed reporters in front of
the B.C. Supreme Court before turning himself in to police custody,
where he was informed that federal Justice Minister Rob Nicholson had
signed his extradition order.

Emery's lawyer, Kirk Tousaw, said the activist will likely be taken
over the border this week, where he will go before a Seattle judge and
proceed to a U.S. federal penitentiary. But he says Emery might be
able to serve his sentence in Canada.

Citing a treaty between the two countries over the transfer of
prisoners, Tousaw said a suspect convicted in the U.S. can be moved if
that country approves the request.

"We have been advised that the U.S. will support the treaty transfer,"
Tousaw said.

The decision will then go to Canadian Public Safety Minister Vic
Toews. But Tousaw said it's "really impossible" to say when Emery
could return to Canada.

A public safety spokesman said the ministry cannot comment on Emery's
case due to privacy issues.

Emery, president of the B.C. Marijuana Party, has been fighting
extradition since 2005 when he was arrested for selling marijuana
seeds by mail to U.S. residents from Cannabis Culture store in Vancouver.

He pleaded guilty to U.S. prosecutors last year to one charge of drug
distribution and, in exchange, received a five-year sentence for
himself and two years' probation for his two employees who were also
accused.

"I think there's a great deal of shock and disappointment," Tousaw
said after hearing of Nicholson's decision Monday. "It's clear to me
that this is a deeply unpopular move by the Conservative
government."

Added Emery's wife, Jodie: "I was pretty shocked. A lot of people consider this
outsourcing Marc to a difference justice system."

A spokeswoman for the Justice Ministry said she could not comment
because Emery may decide to seek judicial review of Nicholson's
decision. But Tousaw said he doesn't expect Emery to seek that review.

"There is nothing to be gained by this government for extraditing me,"
Emery said to a crowd of supporters bearing flags and signs.

Canadians will be "very, very angry" if he was sent to the U.S., he
said, because it will signal that the justice minister will have
turned a "tin ear" to the country's sovereignty.

Tousaw said Emery's supporters will send the federal government their
message of disapproval at the next election, in which Jodie Emery
plans to run for the Green Party. 
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