Why? Basically, because what Emery did is NOT wrong here:
Whether [Cotler] wants to admit it or not, selling viable cannabis seeds is de facto legal in Canada, and Cotler can therefore refuse to surrender Emery on the grounds that what he is charged with in the U.S. is not an offence in Canada . . . the federal government was referring medical marijuana users to Emery's website until two years ago. The actions and inaction of the federal government make it abundantly clear that the feds didn't -- and still don't -- consider Emery's operation illegal. Hence the prospect of sending someone to a country that considers such conduct an offence would appear to violate the principles of fundamental justice. Cotler seems morally and legally obliged to exercise his discretion and refuse extradition.I hope other newspapers take up this same approach.
In the end, only one thing matters, I think. Just this: it would be morally wrong for Canada to send Emery and his two companions to jail in the United States for doing something which Canadians do not think is illegal.
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