Pubdate: Wed, 03 Aug 2005
Source: Globe and Mail (Canada)
Copyright: 2005, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Jane Armstrong
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

POT ACTIVIST WANTED BY U.S. GRANTED BAIL

Marc Emery Was 'Directing Mind' Of Seed Enterprise, Crown Alleges; 
Supporters Say Arrest Was Political

VANCOUVER -- U.S. drug-enforcement agents posed as marijuana enthusiasts 
for nearly 10 months, returning to Marc Emery's storefront headquarters in 
Vancouver again and again, where they say the Canadian marijuana activist 
sold them thousands of cannabis seeds.

At first, the purchases were small, just a few dozen seeds, priced at a 
couple of hundred U.S. dollars. But soon, the two undercover officers, a 
man and a woman, were spending thousands, placing orders in person and over 
the phone, according to U.S. prosecutors.

Federal Crown attorney Rosellina Dattilo described the elaborate undercover 
operation in a packed Vancouver courtroom yesterday at Mr. Emery's first 
court appearance since his dramatic arrest last Friday on a request by the 
United States.

Ms. Dattilo, who said she was acting on behalf of U.S. authorities, 
described Mr. Emery as "the directing mind" of a multimillion-dollar 
seed-distribution business, the bulk of whose customers reside in the 
United States.

She urged Associate Chief Justice Patrick Dohm of B.C. Supreme Court to 
reject Mr. Emery's bail application, arguing that he was a flight risk and 
would return to his illegal business if released.

However, Mr. Emery's lawyer, John Conroy, painted a sharply different 
picture of his client and chided Canadian authorities for participating in 
the U.S.-led probe.

Far from being a marijuana mogul, Mr. Conroy argued, his client is largely 
a political activist who lives hand to mouth.

Mr. Emery, who has become a cause celebre in Vancouver since his arrest, 
sat in the prisoner's box dressed in a shabby beige sweater, occasionally 
turning to wave to the dozens of supporters who showed up and blow kisses 
to his wife.

Mr. Emery is accused of selling seeds out of his bookstore and over the 
Internet. He also runs a magazine and is president of the British Columbia 
Marijuana Party.

Mr. Conroy argued that his client has openly sold his seeds for years in 
Canada with no interference from authorities here.

"Here we have a situation where they turn a blind eye locally, and now 
they're in a position of assisting the U.S. to try to have him extradited 
to the U.S., where the penalties are substantially greater than here," Mr. 
Conroy said.

Mr. Emery faces charges of conspiracy to distribute marijuana seeds, 
conspiracy to distribute marijuana and conspiracy to engage in money 
laundering. U.S. officials have said they will seek his extradition from 
Canada to stand trial in Seattle, where conviction on either of the 
marijuana charges carries a minimum prison term of 10 years.

He was granted bail provided he could raise a $50,000 (Canadian) surety.

Mr. Emery's co-accused, Gregory Williams and Michelle Rainey-Fenkarek also 
were granted bail.

The charges have caused a stir among marijuana activists in Vancouver. They 
staged noisy protests throughout the weekend.

Mr. Emery's supporters say the charges are politically motivated, aimed at 
silencing his outspoken criticism of marijuana prosecutions.

"This is a political persecution not a criminal prosecution," said B.C. 
Marijuana Party campaign manager Kirk Tousaw.

"They are not after Marc Emery because he sells marijuana seeds. There are 
dozens of those seed sellers throughout Canada and the United States. They 
are after Marc Emery because he is a political activist, and we need to 
make sure Canadians understand that because this issue goes far beyond 
marijuana policy."

In the courtroom, some supporters laughed aloud when Ms. Dattilo read out 
the U.S. allegations.

Ms. Dattilo said U.S. undercover agents made contact with Mr. Emery in 
September of 2004.

Not only did they show up at Mr. Emery's Vancouver bookstore, they bought 
seeds from his Internet-based business, she said.

In 2000, other U.S. undercover agents paid more than $7,000 (U.S.) for 
nearly 3,000 seeds after ordering them over the Internet, she told the court.

The seeds were sent to a U.S. mail-box address and later were grown into 
plants to be used as evidence at a future trial.

On one occasion, Mr. Emery lectured the female undercover officer in his 
store on how to avoid detection when she returned to the United States with 
her seeds. One tip was to fill her car with shopping bags, so she could 
tell the border guards she came to Canada to shop.

All told, U.S. prosecutors allege that Mr. Emery sold more than a million 
dollars (U.S.) worth of seeds over a 10-year period dating back to 1995. 
Vancouver Police assisted in the probe, seizing Mr. Emery's bank records. 
Ms. Dattilo said $1.7-million (U.S.) was deposited and withdrawn from one 
account during a five-year period ending in 2005.
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