Prison Blog #28: Injustice & Cruelty As A Laughing Matter

I remember Irwin Cotler, Canada’s Justice Minister in the twilight of Paul Martin’s Liberal government, commenting that Canadians had developed a culture of tolerance for marijuana use in the nation. This was on the heels of the Senate Committee urging marijuana legalization, my 2003 Summer of Legalization Tour across all ten provinces of Canada, and our 6-3 Supreme Court loss attempting to find Canada’s marijuana prohibition laws unconstitutional. In mid-2004 Cotler coolly and confidently asserted that his government would have “to change these perceptions.”

Cotler wasn’t concerned that polls even 7 years ago were showing a majority of voters supported legalizing marijuana, and that as a democracy, his government should reflect our will (and the corresponding justice in this new paradigm). He asserted that Canadians were wrong in this new view, and that the government would change the minds of the people who elected them to represent that changed new majority view.

Irwin Cotler was confident because modern governments have total faith in propaganda. Such is their instinctive reaction whenever the public starts to think for itself.

Cotler then carefully calculated on television newscasts that it would take two years to switch the Canuck consciousness back to the dark ages of prohibition. So sure was he of success that his prediction was announced publicly in mainstream media. We’re going to brainwash you. There’s nothing you can do about it.

But has this really happened? While politicians at every level of government in Canada behave as if they have changed public opinion, the polls, YouTube, Facebook, television, radio, movies and contemporary books all show that they have not. In fact, polls show the legalization numbers are rising throughout the United States and Canada. They have been rising since I began my lifetime campaign to legalize marijuana in 1990. The numbers have never reversed direction. Every year the momentum to legalize gets greater, with majorities in every western US state, British Columbia, Quebec, and Ontario. All the other provinces and states have the support of no less than 40% of their voters in support of legalizing marijuana; double the numbers from the year I started my crusade in 1990.

What’s going on? Is this all some sort of political joke?

Many times have I met Michael Ignatieff, the current Liberal leader, and heard him speak. Every appearance I have seen him, he is asked, earnestly, about whether a Liberal government will legalize marijuana. Each and every time Ignatieff laughed off the legalization question, as he did again a few weeks ago, by saying we shouldn’t be talking about it so much. Ignatieff wonders why people are always asking about marijuana. There are so many more important things in life, he says. Like “digging ditches,” as he suggested once in Newfoundland.

Indeed, when it comes to “drug use”, Ignatieff declares, “I just don’t get it.” He adds everyone should be out getting a university education, starting a family and building a community. These are fine things for those so inclined, but to say you can’t do them and be a part of the cannabis culture is a lie. To say you can’t smoke marijuana because it will stop somebody else from pursuing these goal is intellectually insulting.

To say that cannabis and the people who consume it are anti-education, anti-family, and anti-community is really hate propaganda. This is exactly what Ignatieff and his ilk are saying. Can you think of any group the Canadian public ought to hate more than a group that threatens to destroy the Canadian family and the Canadian community? That’s how the government usually labels terrorists – or the cannabis culture – interchangeably.

The fact that Ignatieff and a great many politicians (including President Obama in his 2010 public response to the most requested YouTube question, which was about cannabis legalization) do this in a jocular manner is extra creepy. That’s because joking about maintaining marijuana prohibition in spite of the majority will doesn’t sound like hate. It’s a very interesting technique that seems to be exclusive to marijuana prohibition propaganda. At first, Ignatieff and his audience laugh at the question. “I expected this would come up…” begins a merry Ignatieff, warming up the room. Knowing chuckles come from the audience. A bond has been formed. We’re all hip and cool. We’re all in on the marijuana joke.

If you were talking about a crime that actually warranted the repressive laws of prohibition, it wouldn’t be something you’d be laughing about. Politicians don’t joke about arson, rape, murder, robbery, embezzlement. These are truly serious crimes. If a crime is serious enough to have police regularly smash into homes and hold taxpayers at gunpoint, put them in jail, take their kids, take their homes, well, that would not be a laughing matter. Declaring a culture war at the highest levels of government, empowering police and even ‘safety inspectors’ to invade the homes of Canadians over a plant that is federally recognized as medicine, well, that is not a laughing matter. These are the most serious things a government can do to its citizens in a society. These are things that Ignatieff normally would not be laughing about.

Politicians never mention shooting people, pointing guns at the heads of taxpayers and their children, or shooting dogs dead in their homes. They are never asked about it or any of the other horrific abuses of these bad laws. The people asking the questions, both the voters and the media, never mention the specific abuses and repressive laws within the legalization question.

This schizophrenic combination of laughter and repression is very bizarre. Sending a “culture” to jail while laughing about it is not the sign of a reasonable mind. Name another issue responsible for such barbaric laws that is discussed as a joke by politicians and leaders. There is none.

As to the matter of sending a culture to jail while using that culture’s music to get you elected so you can send them to jail, that is altogether Mephistophelean. Prime Minister Harper singing ‘I Get High (with a little help from my friends)’ and ‘Jumpin’ Jack Flash,’ two songs created under the inspiration of huge amounts of marijuana, while Mr. Harper seeks to deliver a final solution (Bill S-10) to the ‘permissive drug culture’ that created such music, is, well, satanic. Mr. Harper co-opted the entirely wrong Rolling Stones song; he should have been singing, “Please allow me to introduce myself, I’m a man of wealth and fame…”

Ignatieff is saying marijuana and the people who use it threaten to destroy the social fabric of Canada. Any other opinions are not tolerated because “I just don’t get it.”

That the existing government leader, Mr. Harper, has declared war against my people and our cannabis culture, with the flaccid acquiescence of Mr. Ignatieff, demonstrates how perfidious their musical hypocrisy and perverted sense of humor really is.

Mr. Harper holds my fate in his “hands.” He delivered me unto the fate of D. Ray James Correctional Facility, and he can approve my transfer back to Canada. Failing any inherent political compassion to return me to Canada, I believe Canadian citizens will pressure the government in Ottawa to act in a civilized manner, though this is a rarely realized action from the government of Ottawa. At the least, I hope the Angus Reid polls showing a clear majority of Canadians want me returned holds sway, if compassion itself is unmoving.

Some Canada’s churches have recently come out against mandatory minimum jail sentences for cannabis offences. US evangelist Pat Robertson has said that marijuana should be legalized on his 700 Club television religious program. Given the nature of the Conservative base, this is an important development. Given the fact that marijuana prohibition is essentially a religion and is falsely sold as such, this is an exceptionally important moment in politics. Even conservative guru, University of Calgary professor Tom Flanagan, wants the Conservative government to embrace an end to prohibition.

Canada is now sending heavily armed police smashing into a private home and holding a person at gunpoint, all because a skunk was found living under his porch – true story. It is now standard operating procedure in Canada for police to legally smash into private homes and terrorize taxpayers at gunpoint, all because of the smell of a skunk. No apologies are offered; no thuggery is too extreme.

‘American War Machine’ by Peter Dale Scott, a new and superb analysis of the insidiousness of the global drug war, documents the real reason all this is going on in Canada, the USA, Mexico, Colombia, everywhere on Earth. It is impossible to paint a more damning picture of prohibition and the gangster governments it has created. If you want to fully understand why marijuana prohibition is a globally enforced policy, read this book.

My preferred book examining the truly evil genocidal nature of the worldwide prohibition has always been Richard Lawrence Miller’s book ‘Drug Warriors & Their Prey.’ It’s still one of the all time greatest books ever written. But when it comes to understanding how drug prohibition has created global politics and wars for the past 60 years and counting, ‘American War Machine’ is the book. Think of it as Prohibition Meets Dr. Strangelove.

Author Scott is not hopeful this corruption will end anytime soon. The current political climate, he explains, is restricted to those who have the “domination” mentality. Prohibition funds their wars. As long as we have prohibition, we will have endless war. These two parasites have formed a corrupt partnership that now feeds off the world community.

Marc Emery: Painting by Chris WrightMarc Emery: Painting by Chris WrightHow does authority rationalize, both for its goon squads and for itself, this abuse and corruption? How does it ignite that internal sadism without calling it sadism? How do you get people so wired up that they will smash into taxpayers’ homes and perform all the other global depravities that are the exclusive demented domain of prohibition?

Here’s how, as recounted by the Grand Inquisitor in ‘Brothers Karamazov.’ Dostoevski’s story opens with Christ returning to Earth during the Spanish Inquisition. Heretics are being burned alive as an “act of faith”. The Grand Inquisitor sees Christ raise a child from the dead and knows He’s the real thing. The Inquisitor has Christ arrested and visits Him in jail.

It is here the Inquisitor lectures Christ on the craft of public relations. In Dostoevski’s story, Christ is not to be taken only as a religious figure. He is used as a literary device to represent truth in any form. The Inquisitor is used to represent the suppression of truth by any self-rationalizing and corrupt authority – think Stephen Harper, Michael Ignatieff, or even my Inquisitor, former DEA Administrator Karen Tandy.

As not-so-grand Inquisitor Karen Tandy stated in writing upon my arrest on July 29, 2005, I was jailed for truth. The more I spoke, the more convinced Canadians and Americans became of the truth. Over those years leading up to my arrest, as I toured, spoke, published, broadcast, and ran for elected office, the more the citizens came to see cannabis prohibition as the evil it is. Tandy did not hide this. Like the Grand Inquisitor, she proudly laid it right on the line. I am in jail, as she put it, because I am a propagandist with my “propagandist magazine Cannabis Culture,” giving away “hundreds of thousands of dollars to legalization lobbyists” (i.e. truth tellers) “active in the United States and Canada.”

I am in jail precisely because I expressed an idea, specifically the idea of freedom of thought, the idea of truth. This is precisely what the Grand Inquisitor tells Jesus Christ: “What are we going to do with truth? Humanity is just too shallow, stupid, and scared to ever be able to handle the burden of the truth, which is the burden of free thought, of being able to think for yourself. Freedom,” claims the Inquisitor, “is simply too heavy a responsibility for people. It is easier and more natural for them to obey.”

“And if it is a mystery, we too have a right to preach a mystery, and to teach them that it’s not the free judgment of their hearts, not love, that matters, but a mystery which they must follow blindly, even against their own conscience. So we have done. We have corrected Thy work and have founded it upon a miracle, mystery and authority. And men rejoiced again that they were led like sheep, and that the terrible gift (freedom) that had brought them such suffering was, at last, lifted from their hearts,” explained the Grand Inquisitor to Christ.

Therefore, pontificates the Inquisitor, people like himself take on that responsibility by deceiving the masses for their own good. We give them a reason to live. We tell them how to live. We give them false hopes and phony beliefs. We make up lies so they don’t have to think for themselves. And Inquisitors can use all and any manner of torture and depravity to accomplish this end.

In the book ‘The Grand Inquisitor’s Manual’ by Jonathan Kirsch, his preface explains the atrocities that were committed by authorities over several centuries with impunity:

“Above all, the Inquisition relied on what it regarded as the extraordinary nature of the CRIME of HERESY to justify every excess and atrocity. These heretics were accused of being ‘thieves and murders of souls,’ and the war on heresy justified the deployment of every weapon in the inquisitional arsenal. To accuse someone of heresy and then allow him or her to go unpunished was simply unacceptable, a threat to the power of the Church. After all, the acquittal of even a single accused heretic would surely bleed away some of the dread and terror that was regarded as crucial in deterring others from false belief.

“Far worse, as the Church saw it, was the spectacle of a true believer of a forbidden faith who was perfectly willing to suffer bravely and die heroically for that faith. This was the real reason that the inquisition sought to avoid making martyrs of the accused heretics by torturing them into abject confession… Torture was not only tolerated but actively encouraged because the Church regarded the war on heresy as an existential struggle with Satan and his minions on Earth; the victims of torture nothing more than ‘traitors to God’ in the eyes of the persecutors. To the horror and sorrow of countless generations to come, the Inquisition demonstrated that the demonization of one’s adversaries makes it legally and morally acceptable to torture and kill them.”

“If only you had given them a miracle at the end,” the Inquisitor tells Christ, “you would have won them over. Easy. All you had to do was come off the cross.”

“But you did not do that,” the Inquisitor criticizes a silent Jesus. “You expected too much of these worthless souls. As a result, we have altered your work. And now they believe us. They will do anything we say. The very people you have tried to save will now destroy you on my command.” To prove this, the Inquisitor says he will order the mob to burn Christ at the stake.

Christ never says a word. His only response is to kiss the Inquisitor. Shaken, the Inquisitor opens the jail door and tells Christ to leave and never come back. (“The kiss glows in his heart, but the old man adheres to his idea.”)

Even the cynical and hardened Inquisitor had some momentary compassion left in him.

I can only hope.

– Marc Emery
February 12th, 2011

Write to Marc in prison!

Rules and guidelines for sending books and mail are at

Marc Emery #40252-086 Unit Q Pod 2
PO Box 2000
D. Ray James C.I.
Folkston, GA

The painting included above, by artist Chris Wright, is a follow-up to his first one of Marc being reached out for by the long arm of the USA – before he was extradited. Here is the first image:

Marc Emery
Marc Emery

Marc Emery is a Canadian cannabis activist, entrepreneur, and politician. Known to his fans as the Prince of Pot, Emery has been a notable advocate of international cannabis policy reform for decades. Marc is the founding publisher of Cannabis Culture and Pot TV.



  1. Anonymous on

    Reports in say that has given the board a deadline should they wish to hire him. That deadline was rumoured to be midnight tonight, but as the clock is ticking in Italy, nothing has been announced so far.
    Phil Esposito is one of the greatest players in NHL history, and he played for both the Chicago Blackhawks and Boston Bruins. For that reason, one might assume he would be torn when it comes to choosing a team to root for in this year’s Stanley Cup Final. As it turns out, that could not be further from the truth.
    There is in addition cheerleading and band for fitness. Most mom and dad don’t think about band a fitness program, however it is as the youngsters really need to learn the way to inhale correctly and apply good posture. Bands also participate in for parades and various occasions that call for movement.

    First Published:

  2. Anonymous on

    i think it was just proven our hero marc emery ain’t going anywhere…

  3. War Veteran on

    This is how it’s possible: loopholes added to Logic, Math, History etc.

    If its found that hemp (illegally denied to us in the States) can feed people, thus reducing their chances of heart attacks and cancer in a society that can prove that it has any citizens dying of heart disease and cancer, then it’s the negligence of Law Enforcement and Government for forcing Americans to receive cancers that could have been denied via antioxidants in hemp or forcing Americans to die of heart disease (omega 3, 6, 9) especially if it can be proved that restaurants that have fatty foods and all you can eat buffets are aloud to exist legally in America or if Factories and smog exists in America.

    If it can be proven that America has endured a recession since 2008 and a steeper than usual joblessness –then it can be proved that Americans don’t have the right to work under our current laws since most individuals recognize at a bare minimum -1 million jobs can come from industrial hemp. If it can be proven, that China exists and that America has farmable dirt, like China –then it can be proven that our country allowed China to once again be our largest importer (hemp) of something Americans can grow and make for self reliance.

    If it can be proven that George Washington or Jefferson existed whom farmed hemp at a time when it wasn’t illegal –then it can be deemed negligent of our government for outlawing Americans the right to work (I have a job –but I don’t have the right to work since the job I want is illegal and would feed people in Haiti and elsewhere, while creating homes and clothing to people who use clothing and homes or even food for that matter). If we can prove that people eat, use clothes, live in homes etc –then hemp (in any form since a Pot seed can turn into hemp and not Marijuana via method) is deemed legal, just like pot or hemp seeds he sold that can be used for purposes other than drugs –since it can be proven that even pot has stalks and seeds.

    If it can be proven that an Earthquake in Haiti actually did occur in 2010 and Americans were not allowed by the Gov’t to send aid via nutritious and protein filled hemp seeds grown in America –this is deemed an un-American law.

    If it can be proven that 9/11 happened and that such organization such as the DEA and CIA actually exist (as opposed to being fictitious agencies) –whom have thousands of pages documented in Libraries and the Internet that such a thing as the Terror-Drug Nexus does exist with what the DEA and many others stating that at least 60% of all Muslim Terrorist Organizations sell drugs to finance their terrorist attacks, militias, weapons, electrical parts for old bombs, and Iraq and Afghanistan –then it can be proven that knowingly keeping something illegal while knowing that it creates terror and the death of Americans and Coalition partners, thus can be deemed as an act of treason.

    If it can be proved that the Iran-Contra Scandal did happen, then it’s negligent for anyone to obey laws that one’s own government or authority figures break on way too many numerous occasions.

    If it can be proven that Al Capone existed and had heightened power due to Prohibition with such remarks as police and government corruption, then it can be proved that such corruption has happened and is still happening (Tulsa) –making it illegal for police officers to be police officers at a time such as another prohibition –since they cannot be trusted if it can be proven that Al Capone ever existed in the first place.

    If it can be proven that Mexico does actually border the U.S. –then it behooves us for them to not be at war, which is the largest war in North American History since 1865.

    If it can be proven that gangs exist in America, whom sell drugs and spread more violence and crime, thus making it difficult for police officers to do the job we pay them to do (Fraud is accepting money for work and not completing the job, while keeping all of the money): then Marc’s sentence can be deemed illegal

    These are all loopholes that can free Marc eventually . . . if we don’t free Marc or legalize drugs ASAP, then sadly, Every American and Canadian has the right and privilege to wake up to Mushroom Clouds over head –if it can be proven that Osama did or does exist and that the “9/11 Commission Report” was actually written (his buying weapons grade uranium with money –hence buying of it) and if it can be proven that Iran exists and N. Korea exists whom have strong partnerships with each other –then it behooves us to outlaw drug prohibition or any form of money or currency if it can be proven that people use money to buy anything from food, clothing, gas, nukes, guns, uranium, drugs etc.

    To read the fine details of the contract and to prove that this happened or this happened will free Marc –since any state practicing an illegal law shall forfeiture her right to imprison folk for an illegal law. If this is not plausible and probable (difficult as it may be) –then we can all prove that heart disease from bad eating habits is a myth, just like 9/11 and our current wars are etc.

  4. Anonymous on

    it takes an eternally doped up optimist to think emery actually has any leverage considering his current situation…he’s likely to do the entire sentence in the u.s. …finally how is it he speaks highly of his lawyer and you slag the guy ….maybe you can contact vic toews and fast talk marcy boy out of the clink…let us know how it all works out…ok!!!!!

  5. Anonymous on

    There is still a possibility that Marc could use the violation of his s.12 Charter rights as leverage to get his prison transfer approved. Simply tell Vic Toews, or whoever, that if the transfer is approved then Marc might think about not publicizing the fact that Canada refused to prosecute him here because the mandatory minimum 7 year sentence had been struck down by the Supreme Court as unconstitutional and instead conspired with the US to have him sent THERE to deprive him of his s.12 Charter rights with a mandatory 10 year sentence (which he was only able to avoid by pleading guilty to another charge). Tell them he’ll also consider suing the government for only 5 mil instead of 10 after he gets out.

    Quote from Nicholson in his extradition order;

    “While a Canadian prosecution was possible based on these allegations, I accept that Canadian authorities have yielded in good faith to the interests of the American authorities in prosecuting this matter. In the circumstances of this case I see nothing improper in this regard.”


    “I have been mindful of the fact that s.7 of the Charter is concerned not only with the act of extraditing but also the potential consequences of the extradition.”

    Well, I think there IS something improper about the violation of Mr. Emery’s s.12 rights by US proxy. The potential consequences of that extradition were 10-30 years of mandatory minimums for minor narcotics offenses that have resulted in 2 years community service in Canada. I think there’s something REAL improper about that. So improper that Emery deserves huge monetary compensation for it. Denial of a prison transfer will make the violation all the more egregious. That is now Canada’s only remaining opportunity to show some slight respect for Emery’s s.12 Charter rights. To deny the transfer would prove outright malice against Emery and a concerted effort to COMPLETELY deprive him of his s.12 Charter rights. Of course, his lawyers will screw that up too and won’t even mention any of that. Hey, they got his money. That’s all they care about.

  6. Anonymous on

    Yeah, conspiracy to traffic Cannabis seeds, manufacturing and money laundering. That’s what he was extradited for. Conspiracy to do something carries the same sentence as doing it. It’s the same crime. He was extradited for a selling Cannabis seeds. We all know that’s what it really comes down to. The money laundering charge wouldn’t even stick because they would have to prove that a single transaction of $10,000 or more had occurred. That’s how the money laundering laws work when it involves money being sent out of the US. Since it is unlikely that the DEA agents ordered $10,000 worth of seeds or that any jury would believe a random US weed grower if he claimed to have done so to get out of charges, because of course he would say anything and such a large purchase would be ludicrous. If no single transaction of at least $10,000 could be proved to have occurred then there is no money laundering offense. Why do you think Customs doesn’t care if you have a suitcase full of cash, as long as it’s under $10,000? Of course, Emery’s lawyers don’t know about such things. So the only valid charges are the Cannabis related ones.

    Now if you bother to read the extradition order you’ll find that Nicholson only considered Sections 6 and 7 of the Charter, because that’s all his genius lawyers brought up. What about Section 12? You know, protection against cruel and unusual punishment? Does 5 years for about 10 kg of Cannabis seed sound reasonable to you? Yes, he voluntarily pled guilty to one offense, but Nicholson extradited him the manufacturing too, which could have got him a mandatory 10 years, 3 more than the 7 year mandatory sentence in Canada that was struck down as a violation of Section 12 of the Charter.

    It’s obviously too late now. Marc can thank his lawyers for that. Did they never hear about the case I cited from the 1980s? Marc could have beat that extradition if he had bothered to claim Section 12 Charter violation. Now it will be difficult to sue them for a Charter violation that Marc didn’t even complain about at the time.

  7. Anonymous on


  8. David Bourgeois on

    Definitely one of Marc’s best blogs!
    Some cops were joking with me a while ago and I mentioned the Mayerthorpe Incident (please google it) where 4 RCMP officers were shot and killed during a grow-op bust.
    Wow! Talk about a sore nerve! “Don’t go there!” or something to that effect was said angrily by one of the officers.
    That’s when I realized that coming at the legalization issue from the angle of “we don’t want to see any more officers senselessly killed” would probably be more effective than pleas for the cannabis user.
    Yes, Marc is definitely onto something with the “Humourous Cannabis” issue.
    If it’s funny, then the slaying of the 4 officers is funny also, right?
    I spoke to the commanding officer of a detachment who told me that their policy was to do the least harm possible to the cannabis user. Quite an enlightened officer … when I said that now I was also worried , not only about being arrested for a plant, but that now I could be shipped to the States and that I felt that Canadian sovereignty had been breached and he didn’t disagree with me but rather shared my concerns.
    I also got agreement from him that if an officer unquestioningly enforces every law that they’re no different from police in any oppressive regime.
    I’m 57 and I know cops weren’t like that in my early days and that there is a change underfoot. Just keep pushing and reason will triumph!—Marc, hang in there! Jodie, hang in there. You’ll both be world famous multi-millionaires when this is over!
    I sent some mail yesterday. Cheers,Dave

  9. Jodie on

    The problem is, Marc was charged with “Conspiracy” charges, and those are pretty much unbeatable. A huge number of people in prison are there for Conspiracy charges, because all you need is someone’s awareness of a “crime”, and they can be indicted and charged. So in Marc’s case, he got hit with three Conspiracy charges, each carrying a mandatory minimum of 10 years – “Conspiracy to manufacture marijuana, Conspiracy to distribute marijuana, Conspiracy to launder money” – so Marc’s knowledge that his customers were going to “manufacture” and “distribute” marijuana made him part of the “Conspiracy”, and he was the “king pin”, so that’s how they got him down there. He took the 5-year plea deal instead of going to trial and getting a mandatory 30 years minimum, up to life.

  10. Anonymous on

    When order not to be made
    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.

    So mandatory minimums for low danger “narcotics” is a violation of s. 12 of the Charter of Rights but the Justice Minister doesn’t see surrendering Marc Emery to the US to face a mandatory minimum sentence of 5 years for the least dangerous thing in the whole CDSA, Cannabis seeds, as unjust or oppressive? That’s exactly what it is. Why is it even a matter of personal choice for the Minister? Why does he have the power to override the Supreme Court? Why does he have to personally be “satisfied” that it’s unjust or oppressive? Is his personal opinion of more weight than a Supreme Court decision? All he has to do is say that he isn’t satisfied, no matter what anybody else says. Who the hell designed the Extradition Act that way, Bozo the Clown?

  11. Anonymous on

    How does this NOT apply to Marc’s case? From R.v. Smith (Edward Dewey)

    “The minimum term of imprisonment provided for by s. 5(2) of the Narcotic Control Act fails the proportionality test and therefore prima facie infringes the guarantees established by s. 12 of the Charter. A minimum mandatory term of imprisonment is not in and of itself cruel and unusual. The Legislature may provide for a compulsory term of imprisonment upon conviction for certain offences without infringing the rights protected by s. 12 of the Charter. A guilty verdict under s. 5(1), however, will inevitably lead to the imposing of a totally disproportionate term of imprisonment for s. 5(1) covers many substances of varying degrees of danger, totally disregards the quantity imported and treats as irrelevant the reason for importing and the existence of any previous convictions. The effect of the minimum is to insert the certainty that, in some cases, a violation will occur on conviction. It is this certainty, and not just the potential, which causes s. 5(2) to violate prima facie s. 12. The minimum must, subject to s. 1, be declared of no force or effect.”

    Now doesn’t the Extradition Act forbid extraditing a person to face cruel and unusual punishment? Well, isn’t 5 years for selling maybe a total of 1 gram of THC (contained in 100 kg of seeds) cruel and unusual punishment, considering the degree of danger is so low that the UK doesn’t even give you a fine for it because it’s completely legal? Nicholson just flat out violated the Extradition Act. Aren’t there some kind of repercussions for that? In Canada, probably not.

  12. Anonymous on

    One of Marc’s best anti-prohibition articles yet. Being off the weed has made him more coherent than ever. The weed was sedating him, taking the edge off his righteous outrage. He sees through Iggy’s hypocrisy in teaching human rights in college and then laughing at the average Canadians whose freedom has been stripped with no legitimate justification, just because a bunch of politicians felt like it and knew they could get away with it, at least for many decades. What a joke of human rights THAT is. They say oh it’s just druggies, they’re not real humans like us, they don’t deserve real human rights like us because they don’t meet our high standards. Anyone who wants to use anything other than crude ethanol made by rotting something just doesn’t belong. They are little more than animals. Now let’s drink us some rotten grape juice and then go lynch a few stoners. Yee haw! C’mon Bubba, c’mon Iggy, into the pickup, let’s roll. WHOOOOO!!!

    On a serious note, how is it that the 7 year mandatory sentence for importing narcotics in Canada got struck down as unconstitutional while Canada is able to extradite a citizen to face a 5 year minimum sentence in the US? Does the 2 year difference make it constitutional? The Canadian government finds out that its own Supreme Court says that it can’t inflict cruel punishments of 7 year mandatory minimums its own citizens for narcotics so it simply extradites them to another country to face a virtually identical cruel punishment. Does that even sound legal to you? Talk about a handy loophole. Canada’s constitution says it can’t cane its citizens? Extradite them to Malaysia instead. Let them do the dirty work.

  13. Anonymous on

    Well written Marc. I hope somebody brings this up if they see Mr. Ignatieff in person. On the other hand, when this article started making the biblical references i was mentally thinking “nigga what???”

  14. AnnieOakley64 on

    They laugh because they have duped us all and are still getting away with it. We are the mice in “Mouseland” being ruled by “Fat Cats” that continue to get fatter with our taxed funds. The illegality of Cannabis was done based on lies and misconceptions and yellow journalism. It was a turning point in the US and Canada, proving that the gov’t was not accountable to it’s people. We must get it legalized to expose the lies!

    Very well put, Marc.

  15. War Veteran on

    Dang Marc -I forgot all of that part to that short 1000+pg. book until you brought it up. You are a good example of Christianity when it comes to ‘love thy neighbor’ . . . you help to free others, just like Christ whom wanted us to free our soul from an earthly doom in sin. I know you and I will talk about hemp up in heaven. Jesus said that if you love me, you will obey my commandmants and you are damn good at that. Result: Marc -you’re probably a bigger beliver in Christ than many in the Church and the fact he did die and rise is proof (how else did the religion spread in such a climate as Rome -Simple scientific and historical fact as it has been proven by staying around long enough to not be destroyed like many other religions at that time -the Univerasl Power it had to appeal to the wicked to use as a means for their own corruption should at least Validate it enough to the point that its less likely any of us have used a TV or shoe than for Christianity to not be the most real of all) -Jesus said you will be persecuted for HIM and Jesus was all about ‘Love Thy Neighbor’ -the fact that a human will evolve back to being a human and not an animal and place other’s needs before his or her own . . . its way too easy for us to place our loved ones needs before ours, but others -and that’s what you are doing -placing other’s needs before your wife and family (though perfection will come at death). Your as big of a hero as the guys and gals I went to Iraq with -your as much as a Christian as any pastor I’ve heard. It may not seem like it -but your wife and you are more blessed having to deal with what she and you are dealing with than winnig a Billion dollars a year -All Harper and the DEA and the American Gov is doing by keeping you locked up is adding gold crowns to your head when you enter into heaven -your mansion will be very big in our Father’s Kingdom -but I know you’ll let me in to smoke up some heavenly skunk. Damn dude: You’re my biggest hero.

  16. Pastor Ray in Cambodia on

    HEMP is the prize as well as the ability to use antithetical thoughts…That is the REAL PRIZE.

  17. knowa on

    every body pass this on to every and any body

  18. Jennifer McKendrick on

    I appreciate your thoughts on this matter. It burdens me greatly to hear that you are still in prison for taking responsibility in helping humankind find active solutions in making a better life.

    The music industry is fueled by inspiration born of free thinking.

    The political structure will fall shortly and no amount of power, greed, and money will hold together a false system. You will get your Christ and you will be rescued.

    (Mary) Jennifer McKendrick