Over at Cherniak's new site...
...there is a nice debate going on at http://savemarcemery.blogspot.com/, and rather than post a long reply in the comments, I thought I would post a reply here.
I guess its time for Jason to show us what Dal Law has taught him. I am not too bad at equating US laws into Canada, so I will try and give it a stab -- please feel free to correct me or point out an error).
Using Washington state's criminal code, lets try and line things up to determine how "oppressive" the US system is on Marc Emery. Just a little note before I begin, when trying to equate charges in both countries, the highest form is used. For example, the CCC may state that a charge can be summarily or one can be found guilty of an indictable offence. If the crime is committed in the US, irrespective, Canada will always equate to the higher level of the charge. The US does the same
Lets start off with Money laundering.
One part of the law seem to stand out at me.
(1) A person is guilty of money laundering when that person conducts or attempts to conduct a financial transaction involving the proceeds of specified unlawful activity and:
(a) Knows the property is proceeds of specified unlawful activity; or
(b) Knows that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds, and acts recklessly as to whether the property is proceeds of specified unlawful activity; or
(c) Knows that the transaction is designed in whole or in part to avoid a transaction reporting requirement under federal law.
Furthermore, the law states that this is a Class B Felony, or jail time of up to 10 years.
In Canada, the same crime, as it relates to drugs, would get you 10 years in jail (or summarily -- but we must equate here). In other words, it would seem this charge matches up rather well. After all, 462.31 of the CCC is pretty clear on this....
On to the seeds part. Under the Controlled Drugs and Substances Act, Schedule II, seeds are considered a substance. Now, looking at the volume of seeds in question, it would appear that a term in jail, not exceeding 10 years would be in order. Depending on what information the US has on him, it could go up to life...although not likely in Canada. Cross that over with the United States time in jail, of 10 years to life, and I hardly think that anyone has the case that they are being "oppressive".....
The US is rather clear on its laws....well, not really, the US Code is pain to sort though...
However, the biggest problem is that he has committed multiple offences in the United States. That is what is carrying the larger time in jail. That said, none of this is hardly "oppressive". Jason, by throwing that term out there, you are starting to sound like anti-globalisation activist.
As has been pointed out rather well by other posters on your site, it's the actions, not the political beliefs that has Marc Emery in trouble.
If you are wondering why him, and not the others. My guess, he was public about it, he is a big supplier, and thus became number 1 on the EDA list. I would not be surprised to learn that there are ongoing investigations into the smaller time guys.
The fact is you can support the legalisation of pot, you can participate in acts of civil disobedience....but neither of these actions require you to sell drugs inside the United States. If Marc Emery was to be an activist in the US, he has to be willing to face the US system. Trying to hide behind Canada is weak at best. He committed a crime in the US, and now they are calling him on it.
I guess its time for Jason to show us what Dal Law has taught him. I am not too bad at equating US laws into Canada, so I will try and give it a stab -- please feel free to correct me or point out an error).
Using Washington state's criminal code, lets try and line things up to determine how "oppressive" the US system is on Marc Emery. Just a little note before I begin, when trying to equate charges in both countries, the highest form is used. For example, the CCC may state that a charge can be summarily or one can be found guilty of an indictable offence. If the crime is committed in the US, irrespective, Canada will always equate to the higher level of the charge. The US does the same
Lets start off with Money laundering.
One part of the law seem to stand out at me.
(1) A person is guilty of money laundering when that person conducts or attempts to conduct a financial transaction involving the proceeds of specified unlawful activity and:
(a) Knows the property is proceeds of specified unlawful activity; or
(b) Knows that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds, and acts recklessly as to whether the property is proceeds of specified unlawful activity; or
(c) Knows that the transaction is designed in whole or in part to avoid a transaction reporting requirement under federal law.
Furthermore, the law states that this is a Class B Felony, or jail time of up to 10 years.
In Canada, the same crime, as it relates to drugs, would get you 10 years in jail (or summarily -- but we must equate here). In other words, it would seem this charge matches up rather well. After all, 462.31 of the CCC is pretty clear on this....
On to the seeds part. Under the Controlled Drugs and Substances Act, Schedule II, seeds are considered a substance. Now, looking at the volume of seeds in question, it would appear that a term in jail, not exceeding 10 years would be in order. Depending on what information the US has on him, it could go up to life...although not likely in Canada. Cross that over with the United States time in jail, of 10 years to life, and I hardly think that anyone has the case that they are being "oppressive".....
The US is rather clear on its laws....well, not really, the US Code is pain to sort though...
However, the biggest problem is that he has committed multiple offences in the United States. That is what is carrying the larger time in jail. That said, none of this is hardly "oppressive". Jason, by throwing that term out there, you are starting to sound like anti-globalisation activist.
As has been pointed out rather well by other posters on your site, it's the actions, not the political beliefs that has Marc Emery in trouble.
If you are wondering why him, and not the others. My guess, he was public about it, he is a big supplier, and thus became number 1 on the EDA list. I would not be surprised to learn that there are ongoing investigations into the smaller time guys.
The fact is you can support the legalisation of pot, you can participate in acts of civil disobedience....but neither of these actions require you to sell drugs inside the United States. If Marc Emery was to be an activist in the US, he has to be willing to face the US system. Trying to hide behind Canada is weak at best. He committed a crime in the US, and now they are calling him on it.
posted by eastern capitalist at
17:37
2 Comments:
But the big spending was on his political cause. If that is why is being singled out...
As to whether the laws match up, that is not what I am arguing. I am arguing that the Minister of Justice refuse to extradite on the basis that:
a) It would be unjust to prosecute a person for a crime that has not been enforced;
b) He is being prosecuted in order to punish his political opinions.
The "oppression" part comes in to the extent that he might get life in prison in the US while he would only get a maximum 10 years in Canada. Similarly, it would be oppresive to send a thief to have his hand chopped off.
By
Jason Cherniak, at 4/8/05 22:52
Jason,
We have enforced drug laws in this coutnry. Mr. Emery spend time in jail in Saskatchewan for past crimes. We just have been light on whether or not it was worth the trouble going after this guy while the debate on this matter was being worked out.
He is not being punished for his political views, he is being punished and singled out because he decided to export drugs into the US. the US has had enough and is going to start cracking down on the selling of seeds. They go after the big fish first...its always been that way with drug law enforcement. You go after the big dealers, the distribution network, etc...
If Emery decided to stick it out in Canada, no problems. He crossed a line -- the border. The punishment in Canada matchs the punishment in the United States.
Finally, you seem to want to ignore this, but he could get life in Canada...just like he could get 20 years in the United States. Furthermore, he is not guilty of anything yet, they want to bring charges against him.
By
eastern capitalist, at 6/8/05 19:20
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