cannabisnews.com: Fleeing North 





Fleeing North 
Posted by CN Staff on July 12, 2002 at 21:04:21 PT
By Ross Crockford, AlterNet
Source: AlterNet
It's a different war, but it's having the same old consequences. In the 1960s, Americans fled to Canada to avoid fighting in Vietnam. Four decades later, American medical marijuana patients are crossing the border again, claiming they're political refugees from the U.S. government's war on drugs. "I'm a member of a class of society they're trying to oppress-or wipe out completely," says Renee Boje, from her home in Vancouver, British Columbia. 
Boje, 32, is probably the most famous American fugitive in Canada: the U.S. is currently trying to extradite her to face charges for conspiracy to cultivate hundreds of cannabis plants at the Los Angeles home of Todd McCormick, a cancer patient and medical marijuana activist.If convicted, Boje faces a mandatory minimum sentence of 10 years-a penalty so severe that she's become the poster child for the increasing numbers of U.S. citizens heading north to take advantage of Canada's liberal pot laws. "There are hundreds of Americans here," she says, "because they're being persecuted by their own government." Many of the refugees are quietly growing and using their own weed-the Vancouver-based B.C. Compassion Club, one of a dozen operating across British Columbia, alone estimates that over 100 of its 2,000 clients are Americans. But others, like Boje, haven't kept such a low profile. Over the past couple of months, several prominent U.S. activists have fled to British Columbia as well-including Steve Kubby, 56, the Libertarian Party's 1998 candidate for governor of California, and Ken Hayes, 34, who operated the 6th Street Harm Reduction Center in San Francisco. Kubby, who has adrenal cancer, faces a 120-day jail term for drug possession in California, which he says would kill him; in February, even though he was already in Canada, Hayes was charged with conspiracy to grow more than 1,000 plants and could be sentenced to at least 10 years. Both have formally claimed refugee status under United Nations conventions, arguing that they have a "well-founded fear of persecution" in the United States. Canadian immigration officials have decided there's enough substance to the claims that Kubby, Hayes, and their families may remain in the country until a final hearing a year from now. "U.S. officials have violated the law and intentionally targeted the leaders of the medical marijuana movement by using conspiracy charges," says Kubby, from his home on B.C.'s Sunshine Coast-just before he's due to read the daily news on pot-tv.net, an internet TV channel. "I'm being threatened with a death sentence. How can anyone justify that and say it's not an attempt to persecute me?" Understandably, comments like this have already won the refugees plenty of attention from Canadian news media -- and American officials as well. "Providing sanctuary to some of these people who see Canada as an easy place to escape the long leash of U.S. law enforcement is dangerous," said Robert Maginnis, a White House drug policy advisor, in a recent interview on Canada's Global TV network. "I would hope that the Canadian government would see fit to send them back to the U.S. so they can face charges, because we have, just like you do, a sovereign right over our citizens to enforce the laws of our land." The vast difference between how medical marijuana laws are applied in Canada and the U.S., however, partly explains the exodus. Although California voters passed Proposition 215, creating a Compassionate Use Act, in 1996, over the past two years the U.S. Drug Enforcement Agency has used federal law to raid and prosecute medical marijuana clubs across the state. In May last year, the U.S. Supreme Court upheld the DEA's actions, ruling that "marijuana has no medical benefits", and this June the U.S. government obtained an injunction shutting down the few remaining California clubs for good. The Canadian federal government, on the other hand, has granted permits to possess or grow marijuana to more than 800 Canadians who suffer from AIDS, cancer or multiple sclerosis. And Canadian courts, which aren't bound by mandatory minimums, are generally lenient on those who don't have permits: last month the B.C. Supreme Court stayed cultivation charges against a Vancouver man caught with 96 plants because he has AIDS and hepatitis; a few days later the same court gave an "absolute discharge" (i.e. no jail, fine, or criminal record) to the director of a compassion club who pleaded guilty to possession of five pounds of marijuana. Alex Stojicevic, the Vancouver lawyer representing Hayes, Kubby and several other American refugee claimants, says it's "nothing new" for U.S. citizens to flee to Canada to avoid drug charges-what's new is the U.S. crackdown on medical marijuana that accelerated after the Bush administration took office. His clients' argument, he says, is that they're being persecuted for holding a political opinion shared by a majority of California voters, but not by the feds. "Since Mr. Ashcroft became attorney-general and Mr. Bush the president, the view is that things are going to get worse," says Stojicevic. That's what's fueling this." Stojicevic admits it's unlikely many of his clients will ultimately win refugee status, because Canadian courts have consistently held that "the United States is still a country where the rule of law applies, and the real forum for complaining about these things is there, not here." However, a few Americans might be allowed to stay for compassionate reasons--earlier this year, Renee Boje married a Canadian, and they now have a four-month-old son. Stojicevic also notes that Boje's case is unique: while the other Americans will simply be ordered to leave Canada if their claims of persecution fail, the final decision to extradite Boje is up to Canada's minister of justice, who may consider (according to Canadian law) how "unjust and oppressive" it would be to send a young mother to 10 years in prison for watering some plants. Unfortunately, the U.S. activists have made a difficult situation even harder for themselves: in April, after one of them showed reporters a grow operation he'd started, neighbors complained and the Mounties arrested Kubby, Hayes and several others. (Hayes also says he was visited by a DEA agent based in Vancouver, who tried to intimidate him into returning "voluntarily" to the U.S.) They were released only after Marc Emery, the leader of the B.C. Marijuana Party and the owner of pot-tv.net and a giant marijuana seed bank, put up $5,000 bail. If convicted of cultivation and possession charges, each of the Americans could be ordered to leave Canada before the final hearings of their refugee claims. The refugees are unrepentant. "I don't want to go back to the United States," says Ken Hayes. "The people who are still there fighting are doing a noble thing ... but it's inevitable that wherever there's liberty, that's where people will seek to be." Source: AlterNetAuthor: Ross Crockford, AlterNetPublished: July 11, 2002Copyright: 2002 Independent Media InstituteContact: info alternet.org Website: http://www.alternet.org/DL: http://www.alternet.org/story.html?StoryID=13578Related Articles & Web Sites:Pot-TVhttp://www.pot-tv.net/Renee Boje Home Pagehttp://www.reneeboje.com/Todd McCormickhttp://www.toddmccormick.org/The Compassion Clubhttp://www.thecompassionclub.org/ Petaluma Pot Grower Seeks Asylum in Canada http://cannabisnews.com/news/thread13318.shtmlDrug Refugees - Report Newsmagazine http://cannabisnews.com/news/thread13224.shtmlCanada Arrests Third Pot Activist http://cannabisnews.com/news/thread12604.shtml
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Comment #11 posted by goneposthole on July 14, 2002 at 09:14:00 PT
The pogrom continues
The us gov is free to persecute anyone they wish. It's a free country.
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Comment #10 posted by ekim on July 13, 2002 at 18:54:42 PT
Nader to speak at Greens Rally in Philly 19-21
This new bill co-sponsered by both Dems and Gops should and must be addresed by Ralph. The Greens were some of the biggest freinds of we the people. Ol Ralph packed every hall he spoke at. This bill that wants to outlaw MMJ paitents from renting, must not be allowed to rear its ugly head again. We worked hard to end this short sighted sickness years ago. All this talk about your either with us or you are against us misleads all that we are trying to teach the children. Love and compassion give and take debate and tolorence are not just words many have died for the right to live them. Many feel the rays still being emmited from men and women that become one with the cross of their chosing. No one should be branded unjustly. Thank you MR. Nader for standing when other men shake and piss on themselfs. It is no coincidence that you will be speaking in ear shot of the Liberity Bell --give us hell Ralph and all the Greens. Does anyone have the time and date of the events, I think it was at the downtown Holiday Inn. 
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Comment #9 posted by E_Johnson on July 13, 2002 at 14:25:59 PT
The Soviets had a right to enforce their laws too
"I would hope that the Canadian government would see fit to send them back to the U.S. so they can face charges, because we have, just like you do, a sovereign right over our citizens to enforce the laws of our land."Soviet dissidents were guilty guilty guilty of violating Soviet laws against anti-Soviet activity. It was illegal to have a human rights movement, it was illegal to publish science fiction in foreign magazines under a literary pseudonym, it was illegal to xerox anything without KGB permission. These things were all classified as anti-Soviet activity and the Soviet Union was enforcing Soviet laws when they locked these people up for five to seven years at a time. America welcomed those people fleeing their legal prosecutions and convictions because America did not agree with the Soviet system of laws.We welcomed to this country anyone who left the Soviet Union, and American journalists and diplomats went way beyond the call of duty to help these people.It was the Republicans who were the most adamant about supporting Soviet dissidents through American efforts.And now they're on the other end of the issue, acting just like the Brezhnev apparat.
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Comment #8 posted by FoM on July 13, 2002 at 12:07:18 PT
xxdr_Zombiexx 
That made me laugh! Thanks! No Moonies here!
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Comment #7 posted by xxdr_Zombiexx on July 13, 2002 at 12:01:02 PT
wow...what a typo
dawned...not damned... was I censored? Did the Moonies buy cannabisnews too?just kiddin...that damned zombie
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Comment #6 posted by xxdr_zombiexx on July 13, 2002 at 11:59:01 PT
Dancecrime Act
I was smoking some may-ju-wanna here a bit ago when it damned on me....] the RAVE Act pretty much puts an end to College Spring Break and most colleges and Univerities.Bars in college towns, midnight showings of Rocky Horror Picture show (if that does not betray my advanced age)...all of that is a gatherin where people might smoke a little, nibble a shroom, possibly even lick a toad."Animal House" becomes criminal propaganda. And wipe that smile off your face......Cheers....
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Comment #5 posted by Robbie on July 13, 2002 at 09:56:35 PT
Well EJ
We can't leave and we can't fight the political will of the political power in this country. Then I'm reminded of this passage from a text they wrote many, many years ago:When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.You see what they said. You read it too! It's time to fight.
http://www.archives.gov/exhibit_hall/charters_of_freedom/declaration/decl
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Comment #4 posted by bongathon on July 13, 2002 at 08:14:23 PT
hokay
"freedom's just another word for nothing left to lose."
Janis Joplin, Bobby Mcgee
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Comment #3 posted by E_Johnson on July 13, 2002 at 07:31:38 PT
We're not doing a noble thing, we're just survivin
The refugees are unrepentant. "I don't want to go back to the United States," says Ken Hayes. "The people who are still there fighting are doing a noble thing ... but it's inevitable that wherever there's liberty, that's where people will seek to be."
We're not doing a noble thing, we're trying to keep our asses out of prison just like you are.But emigration was a tough issue for Soviet dissident movement too.THe KGB actually encouraged and sometimes forced dissidents to emigrate because it helped cripple the movement inside the country.
But that was before the Internet.And that was back when the New York Times cared about liberty. They used to publicize the cases of Soviet emigres quite assertively.Freedom is certainly not a cause that the New York Times embraces any longer.
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Comment #2 posted by xxdr_zombiexx on July 13, 2002 at 06:08:49 PT
NAZIs and the Post-Constitutional USA
"Providing sanctuary to some of these people who see Canada as an easy place to escape the long leash of U.S. law enforcement is dangerous," said Robert Maginnis, a White House drug policy advisor, in a recent interview on Canada's Global TV network. "I would hope that the Canadian government would see fit to send them back to the U.S. so they can face charges, because we have, just like you do, a sovereign right over our citizens to enforce the laws of our land." My God...what a freakin NAZI Maginnis is!!The "leash" of Law Enforcement? A Soverign RIGHT to enforce laws that most people in the US have said - as plain as frwakin day they want wiped off the books??? {Cannabis smokers are} being persecuted for holding a political opinion shared by a majority of California voters, but not by the feds. "Since Mr. Ashcroft became attorney-general and Mr. Bush the president, the view is that things are going to get worse," says Stojicevic. That's what's fueling this." The forum for complaining - ie: crafting ballot initiatives and having the People vote them into law is being assailed and bypassed by the Feds as they seek to eliminate the consraints put on federal powers by the 9th and 10 th amendments. The War on cannabis is the Trojan Horse for this activity. Canada and the UK, the Netherlands, Germany, Belgium, and Switzerland - all countries full of wjite people recognized by the White Federal Government have created a massive problem for the WFG (hehehe).This is why we have Maginnis and Hutchinson and Ashcroft and walters out harrassing, lying, intimidating, violating treaties and engaging in everything that is bad about governemnt just to further thier NAZI-like ideals...as expressed in the RAVE Act.You think theres an exodus now??? wait til that is enacted. Canada will need an expresslane IN.Until Homeland Security turn the US into the worlds largest prison.
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Comment #1 posted by hempity on July 13, 2002 at 00:33:21 PT
Dangerous?
"Providing sanctuary to some of these people who see Canada as an easy place to escape the long leash of U.S. law enforcement is dangerous," said Robert Maginnis, a White House drug policy advisor, in a recent interview on Canada's Global TV network. "I would hope that the Canadian government would see fit to send them back to the U.S. so they can face charges, because we have, just like you do, a sovereign right over our citizens to enforce the laws of our land." Dangerous?
Just like during Vietnam we will get the good ones, the ones with heart and spirit unbent by the twisted laws of your fallen land, which by the way has more laws than any other “land“, how can this be freedom or liberty? Is this the freedom to do what you are told, the Liberty to hand your children over to be beaten by the police? Is this really the land of the free and the home of the brave, it seems more like the land of the frightened and the home of the bullys to any who look.
I have heard the frustration in your voices before, I love it, our compassion is mightier than your threats, and when you come in force for your expatriated citizens, I will give food, shelter and friendship to those on the run from your freedoms. I promise to fight you as long as breath is in me, death holds no fear for me been there done that, living in a world you now create scares the hell out of me.Bring it yank! Lets dance!
Hoka Hey!
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