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Thread: Canadian engaging in legal activities in Canada dragged over the border to be tried in the US. Given 5 years in prison.

  1. #1

    Default Canadian engaging in legal activities in Canada dragged over the border to be tried in the US. Given 5 years in prison.

    So here's the story.

    There's this Canadian dude named Marc Emery. He used to have this business selling marijuana seeds via mail order, which is kosher up here. His business was based in Vancouver, and I have in fact visited his storefront a couple of times. He is also one of the leading voices in marijuana legalization in North America, including publishing magazines and founding a political party. Well, the DEA doesn't like Mr Emery. So with the cooperation of our fucked up, wannabe-Republican bootlicking Tory government, the DEA is allowed to extradite Mr Emery under the really flimsy claim that because some of the seeds he mailed out went in to the US, he was guilty of a crime in the US. This would be the same as the Saudi government sending Saudi police to come arrest someone in Delaware for posting anti-Islam rants on their blog, and the FBI helping them make it happen.

    So he gets his ass dragged across the border to a country he hasn't been to in a long, LONG time where he gets arrested. Sentence just came down. Dude is spending 5 years in an American prison for activities that were completely legal in the foreign country he was in.

    It's shit like this that makes me want to punch anyone in the mouth when they say that since I'm Canadian, I have no right to have an opinion about the supposedly internal issues of the US. There are no such things as internal American issues, because the American government is literally sending their law enforcement in to my country to arrest my fellow countrymen for things that are not illegal here. The fact that our current government didn't put a stop to this is just as shameful, and I guarantee you I'm making it a big issue come election time, but fuck DAMN this is messed up.

    Fuck damn do I ever hate Harper.

  2. #2

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    Agreed, the whole thing is absolutely sickening.

    I really wish the government would put these law enforcement resources into catching real criminals instead.

  3. #3

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    Yeah, I remember when the DEA came to get him. They have an office in Vancouver, don't they?

    It's all messed up, kind of sickening, and I wish the US would stop horning in to our shit.

  4. #4

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    the usa is stupid just to do that theres, a lot of things wrong with this country

  5. #5

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    Quote Originally Posted by Chillhouse View Post
    Yeah, I remember when the DEA came to get him. They have an office in Vancouver, don't they?

    It's all messed up, kind of sickening, and I wish the US would stop horning in to our shit.
    Yep. The US Marshal service wanted an office here, too, but I don't know what happened with that. The US government also does a lot of undercover operations in Vancouver trying to buy pot from anything peripherally related to Marc Emery, and so far they've failed miserably. Of course, if they actually cared about nabbing pot dealers in Vancouver as opposed to locking up Marc Emery for being annoying, they'd literally go across the street from Marc Emery's shop and buy however much they want from the store operated by the Hell's Angels. Everyone knows about that store - it's the worst-kept secret in the entire damn city. I found out about it the day I moved here. If undercover operatives from the Navy, the DEA and the US Marshals service can't find it, then they're incompetent boobs who should be fired. Every last one of them. If, on the other hand, their objective is not related to actually arresting pot dealers in countries where they are not legally allowed to operate, then the far more serious question needs to be asked: WTF are they trying to do?

  6. #6
    Peachy

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    I'm glad my constitution says that no German can be extradited to foreign countries against their will. It's a constitutional right. If you want to punish me, you gotta do it in this country...in a German court!

  7. #7

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    According to that article, Emrey himself admitted that 75% of his sales were to the US. That is not a small number. Indeed, it can be argued that he was only using Canada as a legal shelter for illegal activities in USA. I'm not sure if that's actually illegal, but it sounds like a grey area. Still, I agree that Emrey's being used first and foremost for political purposes - to make an example. At the same time, from the article, it's clear that the American judge was sympathetic to his case, and that he will serve most of his term in a Canadian prison (after a transfer is completed). I wouldn't be surprised if his term was also commuted.

    Certainly, Emrey's not the only non-American to be dragged to an American court. Conrad Black had a similar problem.

  8. #8

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    Quote Originally Posted by Incomplete Dude View Post
    According to that article, Emrey himself admitted that 75% of his sales were to the US. That is not a small number. Indeed, it can be argued that he was only using Canada as a legal shelter for illegal activities in USA.
    As a Canadian citizen living and working in Canada, it would be a weak argument at best. Irrelevant as well, since his activities were not illegal here. It would be like saying that American pornographers are using American law as a legal shelter for illegal activities in Saudi Arabia.



    Quote Originally Posted by Incomplete Dude View Post
    I'm not sure if that's actually illegal, but it sounds like a grey area.
    There's no grey area. He was engaging in legal activities in Canada. If the US has a problem with what he was sending through the mail, then they need to crack down on the cross-border customs inspections. That's what they're for.



    Quote Originally Posted by Incomplete Dude View Post
    Still, I agree that Emrey's being used first and foremost for political purposes - to make an example. At the same time, from the article, it's clear that the American judge was sympathetic to his case, and that he will serve most of his term in a Canadian prison (after a transfer is completed). I wouldn't be surprised if his term was also commuted.
    He won't be serving any time in a Canadian prison unless the government gets off their asses and actually makes it happen. The Canadian government, headed by Harper, has made it clear that they support putting this man in an American jail. The plea agreement they tried to arrange that would allow him to serve time in a Canadian jail fell through because the Tories refused to participate. The man has been abandoned by his own government (though he's not the first Canadian the Tories have let twist in the wind).



    Quote Originally Posted by Incomplete Dude View Post
    Certainly, Emrey's not the only non-American to be dragged to an American court. Conrad Black had a similar problem.
    Black's problem was not similar. He committed fraud in the US, had an apartment in New York, and he surrendered his Canadian citizenship in order to get a knighthood. He also showed up in court voluntarily in Chicago. Emery was arrested by American law enforcement in Canada, then dragged back to the US against his will.

  9. #9
    angelabauer

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    How many of you writing about Marc Emery's legal problems are qualified and licensed to practice law in Canada? How many of you are licensed criminal defense attorneys in the USA?

    As an experience attorney in the USA who has also represented clients in Canada, my opinion is you are making serious mistakes about Canadian law. You will find it is a violation of Canadian law to mail product to the USA with misleading customs forms.

    Part of the testimony in the USA in the Marc Emery case is that he did not disclose that he was shipping marijuana. Had he done so his shipments would have been seized as contraband.

    It well could be that restrictions on sale of marijuana is not popular. Still the Marijuana Tax Stamp Act has been the law in the USA since 1937 and has withstood thousands of reviews by USA Federal Courts of Appeal and The USA Supreme Court. Under USA Federal law it is a felony to engage in the sale of marijuana without obtaining the required permits and paying the appropriate fees. It was proven that Marc Emery did not have the required permits nor did he buy the necessary tax stamps.

    Under the treaty between the USA and Canada, once an arrest warrant on a felony charge is filed in a USA court, an extradition order can be sent to courts in Canada. By the same treaty if a person is charged with a felony in Canada the extradition order can be filed in a USA court.

  10. #10

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    Quote Originally Posted by angelabauer View Post

    Part of the testimony in the USA in the Marc Emery case is that he did not disclose that he was shipping marijuana. Had he done so his shipments would have been seized as contraband.
    He was not shipping "Marijuana", he was shipping seeds. Now I am not a lawyer, so I have this question, are cannabis seeds considered contraband?

    They are not in Canada as far as I know.

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