HIGH STAKES SHUTDOWN

Marc Emery's Arrest Represents The Risks Of Taking On The Americans,
Say Quebec's Pot Leaders

Marc Emery is a problematic figure. For the American Drug Enforcement
Agency (DEA), who desperately want him locked up for selling marijuana
seeds through his Vancouver-based online service. For Canadian Justice
Minister Irwin Cotler, who signed off on his arrest and deportation
warrant, which the U.S. had asked for. And even for pro-marijuana
activists, who sometimes see him as a megalomaniac, with an ego bigger
than his political aims.

When Emery was arrested in Halifax on July 29, along with two other
activists, cries went up across the country about American
infringement of Canadian sovereignty, and this country's enforcement
of its drug laws.

The legality around marijuana seeds is complex: viable seeds are not
mentioned in the Criminal Code, but precedents and convictions have
been set based on the weight of the seeds at the time of arrest, not
on the potential weight of the plants if the seeds were grown. Because
investigation into seed sellers is long and expensive, and don't
result in major convictions, law enforcement has been reluctant to
pursue them, says local marijuana activist Boris St-Maurice. Exporting
seeds remains a more vague domain, he says, because there is no precedent.

Recent events may change that.

Bad timing

"The arrest proves that prohibition is still present," says Hugo
St-Onge, head of the provincial Bloc Pot. "If anything, it's become
more intense."

St-Onge says the Bloc Pot doesn't have any immediate plans to move
into action over the arrest, but he'll keep the Bloc Pot's Web site up
to date on the court proceedings and start a letter-writing campaign,
and plans to hold a demonstration in front of the U.S. consulate
downtown in September.

St-Onge also wants to educate Quebecers about Emery. "There is a
dearth of information about the case here because it took place in
anglophone Canada," he says. "So the media here don't really want to
talk about it. It probably would be different if it was me or [fellow
pro-marijuana activist] Boris St-Maurice who got arrested."

Still, St-Onge says he has mixed feelings about Emery. Often, he says,
he disagrees with his Vancouver counterpart's tactics. "He describes
himself as an anarcho-capitalist," says St-Onge. "His ideology is
about making money, he's like a radical liberal. And he styled himself
as the head of the movement - but the movement was never dependent on
him." He acknowledges that Emery has done a lot for the cause,
including having made significant financial donations to various
groups around the country and through his Cannabis Culture magazine.

St-Onge has had his own run-ins with Emery in the past, which resulted
in his getting banned from an Emery-run discussion forum (St-Onge
describes the experience as "somewhat disagreeable").

"He can be very authoritarian," St-Onge says. "But we generally agree
on some lines. Our disagreements are fraternal, and we support each
other whenever there are judicial problems."

Big talk, big problems

Emery's lawyer, John Conroy, says the American offensive against Emery
is "like a goliath crushing a flea." But more alarmingly, it
represents an affront to the internal machinations of the Canadian
political process. "The U.S. Attorney-General is out to stop the
legalization movement," he says. "So they're interfering in part of
the Canadian legal process, at least in this issue." Conroy says the
extradition process can take up to two years.

St-Maurice, now working with NORML Canada (National Organization for
the Reform of Marijuana Laws), a non-profit lobby group, also says
Emery shouldn't be extradited, but tried under Canadian law. He wants
the laws reformed, and then enforced, with strict penalties against
exporting.

"I'm not opposed to extradition, but with something like marijuana,
it's unacceptable," he says. "This case just shows how big a
difference there is in the evolution of social attitudes regarding
pot. The Emery case is a direct result of Canada's wishy-washy
ambiguity, and it opens the door for the Americans to step in and fill
the void." He thinks Emery's operation will be out of business "forever."

St-Maurice is also uncertain about the wisdom of Emery's high-profile
approach. While he salutes Emery's boldness, he says a diversity of
tactics, including "a sober political approach," is what's needed.
"Certainly he has a lot of courage, but I always thought he was
slightly reckless," he says. "I respect him for putting his money
where his mouth is, but now he's dealing with the consequences. He's
fuelling the debate, that's for sure, and by taking on the United
States, he's certainly aiming high."

No pun intended, he says.