Monday, August 08, 2005

Letter to the Minister of Justice

You can send letters to the Minister of Justice for free within Canada. Remember that paper mail cannot be deleted in the same manner as email. It will fit on one page with 1 inch margins and Times New Roman, size 11. I suggest the following:

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The Honourable Irwin Cotler
House of Commons
Ottawa, Ontario
K1A 0A6

Dear Mr. Cotler,

I am writing to request that you refuse to extradite Marc Emery to the United States.

Section 44(1)(a) of the Extradition Act requires that you refuse extradition when it would be unjust. Mr. Emery has been charged with a crime that is not enforced in Canada. Indeed, his actions in Canada have been legitimized by Health Canada's recommendation that those in need of medicinal marijuana buy seeds from him. It would be unjust for him to face prosecution in a foreign country for actions that are only technically illegal in Canada.

Section 44(1)(a) also requires you to refuse extradition when it would be oppressive. If Mr. Emery were convicted in Canada, he would be subject to a ten year sentence at most. In the United States, he would be subject to a minimum sentence of ten years and a maximum sentence of his natural life in a federal prison. In Canada, we have chosen to avoid such extreme minimum sentences on all but the most serious crimes. We have also refused to allow anybody to be sentenced to more than 25 years without the possibility of parole. It would be oppressive if Mr. Emery and other Canadians accused of crimes relating to Marijuana were subject to life in prison in the United States. This is compounded by the fact that federal prisons in the United States are cesspools of crime, rape and disease.

Section 44(1)(b) of the Extradition Act requires that Canadians not be extradited when they are only being prosecuted because of their political opinions. It is telling that the United States has chosen to focus on the leader of a legitimate political party in Canada. One might argue that he is the largest distributor of marijuana seeds in the United States, but that has only occurred because the Americans have allowed his business to expand over the past five years. They have clearly decided to act now in order to make a political statement. This is equivalent to prosecuting Mr. Emery for his political opinions.

Some are concerned that a refusal to extradite Mr. Emery would be tantamount to the Americans refusing to extradite a person who sells guns over the Internet. However, there is a clear difference between the harm from guns and marijuana. There is also the fact that laws regarding the importation of guns to the territory of Canada have been enforced since before Confederation. There is always the danger that the United States will respond harshly and unreasonably to a refusal to extradite, but we should not offer up any individual as a sacrifice.

Marijuana is part of a legitimate political debate in Canada. It would be wrong to extradite the leader of that political movement.

Yours truly,



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