Posted September 30, 2005
Analysis by Richard Cowan
See

Marc Emery, Michelle Rainey, Greg (Marijuana Man) Williams, Arrested By Canadian
Narks At Request of DEA! “Offenses Over Which The USA Has Jurisdiction.”

and

The Paupers of Pot and the Politics of Cannabis Prohibition In Canada. The Other
Cases Raise Questions That Canada Must Answer. Will Canada Murder Michelle
Rainey?

There is an unusual provision in Canadian law that
absolutely befuddles Americans, especially lawyers. Private citizens can bring
charges when they believe that  Canadian law enforcement is failing to do its
job.

As you may recall, many Canadians who have no particular
interest in cannabis were outraged that Canada would let the US extradite and
prosecute the Vancouver Three, instead of prosecuting them here in Canada.

Consequently, David McCann, a Vancouver philanthropist
has hired a prominent lawyer who has filed charges of “conspiracy” under the
Controlled Drugs and Substance Act and the Criminal Code of Canada against Marc
Emery, Michelle Rainey and Greg Williams.

What the Canadian courts call “Information” – detailing
the charges – was presented and laid with the Office of the Court Clerk and
Justice of the Peace in Vancouver this morning.

This filing could have the effect of blocking the
extradition proceedings, because if they are prosecuted in Canada, it would
constitute “double jeopardy” under Canadian law to allow them to be sent to
DEAland to be sacrificed for the same “crimes.”

Theoretically, any Canadian could do what McCann did,
but it is helpful that the action is being taken by a substantial and serious
person.

I spoke briefly with David McCann earlier and he told me that
they have presented the case to the Crown and have shown that this is not a
“frivolous action,” and the Crown will have until November to decide what to do,
although there may be “more developments” early next week.

McCann was quoted in the Vancouver Sun saying, “We have let him operate and now we let the
Americans walk into our country and charge a man who they will probably lock
away for the rest of his natural life in the United States for doing something
that the government of Canada condoned. And you know, I got a problem with that
as a Canadian. If he gets charged in Canada that will have major legal
consequences for that extradition request.”

The Crown does not have to proceed with a private
prosecution and could “stay” the charges, but, at the
very least, this action puts the Canadian government, especially Justice
Minister Irwin Cotler, in a no-win situation.

If Cotler decides not to prosecute, is he thus saying
that no crime was committed? If that is the case, the Three cannot be
extradited.

If he then argues that a crime really was committed in
Canada, but the government of Canada wants to let the Americans handle it, that
looks really strange.

On the other hand, if he does proceed with the
prosecution, the DEA is going to be very unhappy because they won’t be able to
get their hands on their intended victims.

Of course, if the prosecution proceeds in Canada, that
will mean that Michelle Rainey’s need for medical cannabis becomes an even more
immediate threat to Canadian cannabis prohibition.
See

Philippe Lucas’ Analysis of the Consequences of Health Canada’s Failure to Obey
the Ontario Court’s Ruling On Medical Cannabis. Is Cannabis Legal in Canada?

This just keeps getting stranger and stranger.

In the meantime, Steve Tuck is filing an appeal of his
departure order next week. We have discovered serious violations of Canadian law
by the RCMP and the so-called Canadian Border Services Agency in collusion with
the DEA. When Canadians find out the crimes being committed in their names,
Tuck’s case will be a national scandal.
See

The Banality of Evil – Canadian Style. Canada Rejects Steve Tuck’s Request for
“Pre-Removal Risk Assessment” Adding Insult To Injury. We Will Appeal, Of
Course.

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