BROKEN BORDERS

Marc Emery's Extradition A Violation Of Canada's Sovereignty

Marc Emery, Canada's self-proclaimed "Prince of Pot," is set to be
sentenced in a United States Federal Court on September 10. Emery was
extradited to the U.S. on May 20, 2010, to serve a five-year prison
term for the sale of marijuana seeds over the Internet. Canadian
police worked with the U.S.'s Drug Enforcement Administration (DEA) to
have Emery extradited and charged under America's vastly more severe
drug laws rather than having him serve his prison term in his home
country.

Emery's extradition to a foreign country to serve a sentence for
activities that took place on domestic soil raises questions not only
about prohibition and drug policy issues, but also about Canada's
ability to act as a sovereign nation and protect its own citizens.

Marc Emery Direct Marijuana Seeds openly sold seeds through online
mail order from 1994 to 2005. Emery practiced a great deal of
transparency in his business, accurately declaring the source of his
income and paying all provincial and federal taxes.

Though Emery's store was raided for selling seeds on multiple
occasions, Canadian courts repeatedly sentenced him only to fines and
no prison time. In Canada, seed sellers face a $200 fine and one month
in jail. U.S. penalties are much harsher, and if Emery is not
sentenced to the five-year prison term agreed upon in his plea
bargain, he faces 30 years to life in the American prison system.

Though the distribution of seeds is illegal in Canada, no case has
been prosecuted for decades and Canadian businesses similar to Emery's
are allowed to operate with little state interference. What makes
Emery's case unique is the fact that the profits from his business
were routinely used to fund anti-drug war and anti-prohibition
activism worldwide and within the U.S. The DEA press release issued
upon Emery's arrest confirmed that the motivation for his arrest and
extradition was mainly political and intended to deal a "significant
blow" to "drug legalization lobbyists." Emery's admittedly illegal
business had no American branches, no American employees, and he never
set foot in the U.S. Despite this and despite being a Canadian
citizen, he is being extradited to a foreign country to serve a prison
term far harsher than any he would have received in a Canadian court.

Whether or not one agrees with Emery's practices, activism, and drug
law reform efforts, it remains clear that his extradition represents
our country's failure to protect its citizens and administer its laws
within its own borders. Bending under American pressure to make an
example of Emery in the political context of a costly, ineffective,
and increasingly unpopular war on drugs, Justice Minister Rob
Nicholson's extradition order is representative of Canada's inability
to stand independently of U.S. policy and pressure.

If Emery is to serve time for his seed sales, he should do so on
Canadian soil and under Canadian law, not as a "criminal alien" who
has limited rights within the U.S. prison system.

Emery's extradition is unnerving because it demonstrates our
government's willingness to hand over its citizens to a foreign
country when their actions and beliefs are not in agreement with that
country's policies. Clearly, the safety of citizens is not as
important to the Canadian government as compliance with American
ideology and policy.

This is a case in which the alleged legality or illegality of Emery's
actions is far less relevant than the Canadian government's response
to them. Our justice system should not be outsourced on demand.

If Emery has committed illegal actions in Canada, he should be
prosecuted under Canadian law. Ultimately, Emery's extradition is a
gross injustice done to a Canadian citizen who has never harmed
anyone, and a clear violation of the rights and protections promised
to citizens by our government. At this point in time, only Emery's
repatriation can serve as a sign of respect for Canadian sovereignty
and the right to choose how laws are enforced within our own borders.