Tories hide behind “national security” to deny access to information request: Marc Emery update

Submitted by Nicole Seguin on Wed, 01/06/2010 - 6:15pm
By Matthew Johnston, Western Standard
 
Canadian libertarian publisher and activist Marc Emery faces extradition to the U.S. on charges related to selling marijuana seeds. While Justice Minister Rob Nicholson could refuse the U.S. extradition request, he is expected to approve the extradition anytime after January 8th, according to Jacob Hunter, Policy Director with Beyond Prohibition Foundation.
Nicholson has ignored the pleas of Canadians to charge Emery in Canada for his so-called crime of selling marijuana seeds. This move would assert Canadian sovereignty over drug policy and likely lead to a legal outcome that would better reflect Canadian attitudes toward marijuana prohibition.
Emery is the publisher of Cannabis Culture magazine, leader of the BC Marijuana Party and owner of the now-defunct Marc Emery Seeds, an online marijuana seed retailer, the profits from which financed much of international movement to liberalize marijuana laws before his arrest.
In late 2009, Emery signed a plea deal for a 5-year sentence in the U.S. prison system.
“I was forced to take this plea deal for five years under great duress,” said Emery.
"If I went to trial in the United States, I would have received a mandatory minimum sentence of 30 years up to life. I shouldn’t be going to prison at all for selling seeds to consenting adults, but five years is preferable to a life sentence,” continued Emery.
Emery was taken into Canadian custody in September 2009 after an extradition hearing in the B.C. Supreme Court, and is currently free on bail awaiting Nicholson’s decision.
Emery’s wife, Jodie Emery, believes her husband should be dealt with in Canada and not the USA.
“Most Canadians agree that Marc should be dealt with in Canada’s justice system. He operated openly in Vancouver, B.C. for over a decade, never went to the U.S.A., and paid hundreds of thousands of dollars in income taxes,” said Jodie Emery.
“The Justice Minister has received tens of thousands of phone calls, letters, post cards and petitions asking him to refuse the extradition. There is no reason my husband should suffer for five years in a foreign prison system, especially when he operated his seed business in Canada at all times,” she continued.
Emery’s lawyer, Kirk Tousaw, made an access to information and privacy (ATIP) request for Justice Department communications related to Emery’s arrest for extradition. After long delays, approximately 60 pages of a 6,000-page document were released with everything blacked out for various “national security” reasons.
Libby Davies, Member of Parliament for Vancouver East, made an Order Paper request in parliament for similar documents, but was also refused any information.
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