Pubdate: Thu, 22 Jun 2006
Source: Globe and Mail (Canada)
Copyright: 2006, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Shannon Kari
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?196 (Emery, Marc)

POT ACTIVISTS' HEARING HITS LEGAL-AID SNAG

VANCOUVER -- The possible extradition of Marc Emery to the United
States to face charges of distributing marijuana seeds is stalled
because of a dispute about legal funding for one of his two
co-defendants.

Mr. Emery, Michelle Rainey and Gregory Williams were arrested in July
of 2005 at the request of the U.S. government after an investigation
by the U.S. Drug Enforcement Agency.

They are accused of illegally selling marijuana seeds over the
Internet and money laundering; if extradited and convicted, they face
minimum sentences of 10 years in prison.

A date for the extradition hearing has not yet been set because Mr.
Williams, who is the manager of a website known as Pot TV, has
indicated he cannot afford to hire a lawyer.

The provincial Legal Services Society has turned down his request for
funding. (An official with the legal-aid agency said yesterday the
agency is not permitted to comment about individual cases.)

The decision to refuse funding "is most unfortunate," said Ian
Donaldson, who is representing Mr. Emery in the extradition
proceeding. "Something has come unglued. I say on his [Mr. Williams's]
behalf, we have to fix it," Mr. Donaldson told Mr. Justice Patrick
Dohm during a brief court hearing yesterday.

Federal Crown attorney Rosellina Dattilo suggested that one option for
Mr. Williams is to continue in the extradition process without a lawyer.

"I am concerned that we are almost a year after the date of arrest and
no closer to setting a hearing date," she said.

Ms. Dattilo suggested Judge Dohm grant Mr. Donaldson's request to
speak to federal Justice Department officials about possible federal
funding for Mr. Williams before his next court appearance on Aug. 4.
The three accused are to appear in B.C. Supreme Court on Aug. 21 to
try to set a date for the extradition hearing.

"The odds of getting extradited are extraordinarily high," Mr. Emery
conceded outside court yesterday.

Judge Dohm also agreed yesterday to temporarily alter the bail
conditions of Mr. Williams and Ms. Rainey so they can attend Mr.
Emery's wedding in July; the three have been ordered not to associate
with each other.

Mr. Emery vowed yesterday to continue his fight against marijuana
prohibitions and criticized recent comments by B.C. Solicitor-General
John Les, who suggested police are regularly finding marijuana laced
with crystal meth. Mr. Emery said Health Canada has never received a
sample in a marijuana prosecution that has been laced with another
substance.
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MAP posted-by: Derek