Canada:
Drug
War
Refugee
Faces
New
Challenges
10/8/99
A California woman who fled to Canada last year to avoid prosecution in a medical marijuana conspiracy case is facing new complications in her attempt to gain political asylum there. In 1997, Renee Boje was arrested in connection with the high-profile Peter McWilliams/Todd McCormick medical marijuana grow case in Los Angeles, and charged with conspiracy to distribute and possession with intent to distribute marijuana. Boje was jailed for 72 hours and released, and the charges against her were soon dropped. Fearing the charges would be reinstated, she fled to British Columbia in May of 1998, where she stayed at the house of a marijuana provider for Vancouver's Compassion Club. It wasn't until her arrest in a raid on that house last February that she learned that charges against her had indeed been reinstated in her absence -- she had officially become an international fugitive. With the help of friends, Boje secured legal counsel and filed a request for refugee status with the Canadian government, contending that she is a pawn in a political battle between the US federal government and the people of California over medical marijuana. Her attorneys have submitted evidence to the court that her extradition would result in cruel and unusual punishment, citing a recent study from Amnesty International deploring the conditions of women's prisons in the states. If convicted of the charges against her in California, she faces a mandatory minimum sentence of ten years in such a prison. Last week, a new twist further complicated her struggle. In a surprise move, the Canadian government, already under pressure from US authorities anxious for her extradition, claimed that changes in Canadian immigration law have made her ineligible to seek political asylum. The provision in question states that persons charged with crimes in another country which in Canada carry penalties of ten or more years cannot be granted refugee status. The Canadian equivalent of her alleged crimes is conspiracy to traffic in marijuana, charges that technically carry penalties of up to life in prison but which are usually treated much more leniently. Now, Boje's attorneys and supporters must regroup and decide upon their next course of action. Her extradition hearings are set for the first three days in November. Even if her chances of avoiding extradition are slim, Boje has raised the stakes of the US-driven international drug war. At a time when Canadians are seriously considering relaxing their drug laws, media profiles of her case are reminding them of the ruthlessness with which the US enforces its own, and of the threat to Canadian sovereignty posed by DEA agents and US federal prosecutors who recognize no borders in their pursuit of the alleged perpetrators of victimless crimes. DRCNet asked Maury Mason, a spokesman for Boje, for an update on her campaign. He sent us the following news, excerpted below: "The loss of the refugee option does not diminish the importance of Renee's case. The extradition process has yet to be played out. There is an appeal process that can lead to a constitutional challenge of the current Canadian drug laws. At each stage, there is an opportunity to provide evidence and publicize it widely. "Our public and media focus for the next few weeks will be directed primarily to a Canadian audience. Not many people in Canada know that you can be accused of being seen watering a marijuana plant in the United States and face life in prison. [This is largely the substance of the case against Boje in California -ed.] Fewer still know that it is the law in Canada as well." "We will be stepping up our efforts to garner public support to exert political pressure for Canada to make the marijuana laws reflect current public attitudes and realities." "A win in her extradition case sets a very important precedent that would further isolate the United States from much of the world in it's policies on drugs and harsh treatment of citizens. She would be the first American given political asylum by Canada. This is very big news." "So we will continue to raise Renee's media profile. Recently about.com conducted an online poll asking whether Renee should be granted refugee status in Canada. Over 1,800 people responded, with 88% voting in favor of status being granted. Two days later, a fifteen-minute CBC national radio interview with Renee was aired. On the (very popular) show, Renee informed the Canadian people that their government has refused to allow her to apply as a refugee. Public response was one of outrage at Canada's lack of courage. "She has acquired an office with two computers, two telephone lines and a group of committed friends and experienced professional associates. She has gathered a great deal of support from drug reform, medical marijuana and social justice organizations. From them she has recruited an impressive list of expert witnesses for her trials.n For the past seven months she has done a remarkable job on very little money. If she were a car, she would be getting 150 miles per gallon." "Efforts to raise money continue. She is in good health and has the emotional strength to wage a long intense campaign. She is fully aware of the importance of her case and knows that many will benefit if she is successful. She will appeal every non-favorable decision up to and including the Supreme Court of Canada. She vows never to spend a day in prison." To aid in Boje's defense, Mason is collecting as much evidence as he can find that shows the drug war is motivated by political purposes rather than concern for public health and safety. He has asked readers of The Week Online to contact him if they can produce credible witnesses or documents (rather than speculation, theory, or third-hand information) showing political intent in the enacting of US drug laws or their continued harsh enforcement. If you can help, please contact him via the snail mail or e-mail address below. The Renee Boje Legal Defense FundFor more details on Renee Boje and her cases, see http://www.abcnews.go.com/sections/world/DailyNews/marijuana990924.html and http://www.thecompassionclub.org/renee/.
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