Canadian marijuana legalization activist Marc Emery, currently serving a five-year federal prison sentence in the US, has been denied in his request to finish serving his time in a Canadian prison. His Canadian attorney, Kirk Tousaw, said Friday that Emery received notice that US authorities had denied the request on the grounds of "the seriousness of the offense" and "law enforcement concerns."
Emery is currently at the federal holding facility in El Reno, Oklahoma, while awaiting transfer to a medium-security prison in Mississippi. He had previously been held in a minimum-security prison in Georgia. It is unclear why he is being transferred to a higher security prison.
Under a bilateral treaty, Canadian prisoners serving time in the US can apply to serve their sentence in their home country, and vice versa. The guidelines for evaluating prisoner transfer applications are available here.
"This refusal is a terrible affront to the sovereignty of Canada," said Tousaw. "Marc is a target of political persecution that appears to have transcended his conviction and now infects the treaty transfer process. He qualifies under every relevant factor and should have been allowed to serve out his jail term in Canada, close to his wife Jodie and in the country in which all of his activity took place. We call upon Prime Minister Harper and the leaders of the Liberal Party and NDP to stand up for this Canadian hero and demand his immediate repatriation."
Emery's wife, Jodie Emery, said she was "shocked and sickened" by the denial. "He has been punished for speaking out for the rights of tens of millions of cannabis consumers here and in the US and it's truly frightening," she said in a statement. "Canadians who feel Marc has been treated unfairly with an unjust five-year US prison sentence for seeds should punish the Conservatives in the federal election on May 2nd for extraditing Marc in the first place."
Tousaw said the notification of the denial came through unusual channels. Neither he nor Emery's US attorney were notified of the decision, as would usually be the case. Instead, someone in the US government notified the Canadian government, and Emery was notified via a letter from the Canadian consulate.
"This is very unusual and should not have happened," Tousaw said. "It makes me wonder whether the US and Canada are engaged in ongoing dialogue about Marc and lends support to the belief that politics are still influencing the process."
Emery can reapply for a transfer to his homeland in two years. If that doesn't occur, he will remain imprisoned in the US until he does 85% of his sentence.