EMERY LEGAL CIRCUS BEGAN BECAUSE CANADIANS WEREN'T DOING THEIR JOBS

As high-profile lawyers line up to represent Marc Emery at his upcoming
extradition hearing, and as marijuana activists pressure Justice Minister
Irwin Cotler to step into the fray, we can't help but note that this entire
affair need never have happened had the government and police done their jobs.

Emery now stands accused by the United States of selling marijuana seeds,
conspiracy to manufacture marijuana and money-laundering. Cotler has given
the authority to proceed with the extradition hearing and Emery faces life
in a U.S. prison should he be extradited and convicted of the offences.

Under the terms of the Treaty on Extradition Between Canada and the United
States and Canada's Extradition Act, Cotler told The Vancouver Sun
editorial board he had no choice but to grant that authority.

Nevertheless, there are two conditions in the treaty and the act that could
have rendered it impossible for the attorney-general to proceed. First, the
laws state that people in Canada are only extraditable if the offence with
which they are charged in the U.S. is also an offence in Canada.

So if marijuana-related activities were not crimes in Canada -- that is, if
marijuana were legalized -- Emery would not be facing extradition (he
could, of course, be extradited for other offences). While this newspaper
has argued in favour of legalizing the possession and sale of marijuana,
it's clear that Ottawa has no intention of going down that road.

The Liberal government has introduced a bill to decriminalize possession of
small amounts of pot, but Cotler has taken pains to assure Canadians that
the possession and sale of marijuana (including viable cannabis seeds) will
remain illegal.

That means Emery will still face extradition, but it also leads directly to
the second condition that could have prevented Emery's extradition hearing:
The treaty prohibits extradition of people who are being prosecuted in
Canada for the same offences they're charged with in the U.S. So if Canada
had charged Emery with selling seeds and related offences, he would not be
facing extradition.

That leads to the question: Why has Emery not been charged in Canada? Since
police were working with U.S. drug enforcement agents, it seems they would
have access to sufficient evidence to recommend charges.

It might well be the case that the police and the Canadian public don't
think it worthwhile to charge people for selling cannabis seeds. Certainly,
there is a strong movement for legalizing pot, but the police can't
abdicate their duty to enforce the criminal law just because some people
don't like it.

In fact, shortly after the owners of the Da Kine Smoke and Beverage Shop
began allegedly selling marijuana last year, police raided the store and
charged several people. Why is it that those who brag about selling
cannabis get charged while those who boast of trading in cannabis seeds are
free to go about their business? Both activities are equally illegal and
police ought to treat them the same.

It would, of course, be inappropriate to charge Emery simply to avoid his
extradition. But the fact remains that this legal circus would have been
avoided had authorities done their jobs. It's time for Canadian law
enforcement officials to take a consistent and coherent approach to
marijuana, and they can begin by either enforcing the laws or repealing them.