The future for Emery

Kirk Tousaw has a good overview at Cannabis Culture on the future proceedings in the Marc Emery case.
Here’s the real interesting part: When it comes time for the Canadian courts to decide on the extradition:

One of the key sections is 44. That lists reasons why the Minister SHALL NOT order surrender:

44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that

(a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or

(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons.

Obviously we will be arguing that both subparagraphs apply. Marc is a victim of political persecution and the US system is the poster child for unjust and oppressive laws. Another reason the Minister may deny surrender is if it would shock the Canadian conscience.

There’s a long way to go on this case, and it’s going to cause some waves.