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. - --- MAP posted-by: Richard Lake