OPEN LETTER FROM JOHN CONROY, LAWYER FOR RENEE BOJE AFFIDAVIT FOR SUBMISSION TO CANADIAN MINISTER OF JUSTICE TEMPLATE INCLUDED The judge in Renee Boje's extradition trial has not been sympathetic to Renee's request to halt extradition proceedings. Our next course of action is an appeal to The Honourable Ann McLellan, Canadian Minister of Justice Citizens of the United States have an enormous opportunity to help shape the relationship between Canada and the United States in relation to victims of the War on Drugs, especially marijuana for medical purposes. We have a short time left to present to the Minister enough evidence of political persecution, miscarriage of justice and cruel and unusual punishment and the benefits of marijuana as medicine. If we are successful Renee is free and The War on drugs has lost a major battle. Please read the following and act in accordance to your knowledge, abilities and conscience. USA v. Boje and Boje v. USA To Whom it May Concern: I am counsel to Renée Boje, an American citizen currently residing in British Columbia, Canada. I represent her in the defense of an extradition request from the United States government. If successful, Renee will automatically receive Political Asylum and be declared a United Nations Convention Status Refugee. In order to establish her case, we expect that we will require evidence from people with expertise in the area who can attest to the following subject matters: Please reference any studies, reports and provide the names of those individuals you may be quoting if possible. In addition, we would appreciate it if any submissions, affidavits or letters of support address as many of the following topics as the writer or deponent is able to within their knowledge or expertise and that they provide us with details of their knowledge or expertise and any exhibits or reports that they feel should be put before our Minister. This list of topics is not intended to be exhaustive, and any others that any one can think of, are welcomed. List of Topics 1. The U.S. "War on Drugs" generally; 2. The U.S. "War on Drugs" in relation to marihuana and in particular medical marihuana; 3. The nature of the US criminal justice system in relation to drugs, including any failings in the trial process; 4. The US sentencing system, including in particular the mandatory minimums and the excessive use of incarceration in the United States, particularly in relation to drug offenders and marihuana offenders; 5. The treatment of women in prison in the United States; 6. Information from or about federal Judges who are refusing to participate in the sentencing of drug offenders under the current regime; 7. Information from or about Federal or State politicians, or others in positions of influence or authority that are speaking out against the US "War on Drugs" and in support of medical marihuana use; 8. The international and domestic human rights record of the United States of America. In this regard, it is significant that the USA has not signed the Universal Declaration of Human Rights; does not support the establishment of an international Criminal Court; invades other countries from time-to-time to arrest alleged drug suspects thereby circumventing international legal norms; encourages numerous other countries to enter into various international treaties and other instruments, like the nuclear test ban and then declines to be a party to it itself when it does not suit its purpose. These are only a few examples and others may occur to those of you sending us a submission. Fill out the following template of an affidavit to the best of your ability and submit to my office. ************************************************************************* IN THE MATTER OF THE EXTRADITION ACT, S.C. 1999 c.18; AND THE APPLICATION OF THE UNITED STATES OF AMERICA TO EXTRADITE RENÉE BOJE; AND IN THE MATTER OF THE IMMIGRATION ACT, S.C. 1976-77, c.52; AND A CLAIM FOR CONVENTION REFUGEE STATUS BY RENÉE BOJE AND IN THE MATTER OF THE DECISION OF THE MINISTER OF JUSTICE PURSUANT TO S.40-44 OF THE EXTRADITION ACT A F F I D A V I T I, _______________________, of __________________________, in the (name) (address) (Town/City) of ____________________, (cross out one) in the (name of Town or City) (State/Province) (cross out one) of ____________________ in (name of State or Province) the country of ___________________, MAKE OATH AND SAY AS FOLLOWS: (country) 1. I am ___________________________________________________________ (set out any relationship to Renée Boje or her case and the basis for any source of knowledge of her case) ________________________________________________________________________ and as such I have personal knowledge of the matters and facts hereinafter deposed to, save and except where same are stated to be made upon information and belief, in which case I verily believe them to be true. 2. I am ______________________________________________________________________ (set out one's occupation and expertise or experience or other qualifications that provide a basis for your subsequent assertions in the remaining paragraphs in the affidavit) ______________________________________________________________________ ______________________________________________________________________ (if attaching an exhibit such as a résumé or curriculum vitae or any other report, the proper way to show that is as follows:) Now produced and marked as Exhibit "A" to this my affidavit is a true copy of my _________________________________________, comprising ____ pages. (résumé/curriculum vitae or specify a particular document) 3. (Set out in sequentially numbered paragraphs what you would like to say with respect to the issues outlined that are relevant to the proceedings. Take as many paragraphs as you wish and then ultimately have the original sworn before a Commissioner for Taking Affidavits or a Notary Public or someone authorized to take an oath in your jurisdiction, then fax us a copy and send us the original as soon as possible) 4. (This is the usual concluding paragraph to the affidavit) I swear this affidavit in support of Renée Boje's claim for refugee status in Canada from the United States of America and that she not be surrendered by way of extradition from Canada to the United States for a political offense or an offense of a political character or because of her membership in a particular group holding a particular political opinion and because to do so would, in all the circumstances, be unjust and oppressive. SWORN BEFORE ME at the City/Town (cross one out) of _____________________, in the (name of City or Town) In the State/Province _______________ (cross one out) this ____ day of______________, 1999 (date) (month) _______________________________ (signature) _______________________________ A Commissioner for Taking Affidavits (printed name) or a Notary Public in and for ________________________________ town or city town or city ________________________________ name of Notary or Commissioner ________________________________ address of Notary or Commissioner ___________________________________________ ___________________________________________ telephone number ************************************************************************* Please address letters to the Minister of Justice and Minister of Immigration and forward all letters and affidavits to: John Conroy 2459 Pauline Street, Abbotsford, British Columbia Canada V2S 3S1 ************************** Honourable Anne McLellan Minister of Justice and Attorney General of Canada East Memorial Bldg 284 Wellington Street - 4th Floor Ottawa, Ontario K1A 0H8 Telephone: (613) 992-4621 Facsimile: (613) 990-7255 Honourable Elinor Caplan Minister of Citizenship and Immigration House of Commons Confederation Building, Room 107 Ottawa, Ontario K1A 0A6 Telephone: (613) 952-1064 Facsimile: (613) 952-5533 IMPORTANT BACKGROUND INFORMATION Normally, this evidence in a "Convention Refugee" claim would be presented to a Convention Refugee Determination Division of the Immigration and Refugee Board. If Renee's claim is rejected, she could seek leave to have that decision judicially reviewed in the Federal Court Trial Division and to seek a stay of the deportation order. If unsuccessful there, the next step is a submission to the Minister of Justice. If unsuccessful before the Minister, then a habeas corpus petition could be filed in the British Columbia Supreme Court with provision for an appeal to the British Columbia Court of Appeal and Supreme Court of Canada. However, the Canadian government has recently amended the Immigration Act to provide that when a refugee claimant is also subject to an extradition request for an offense that carries a maximum term of imprisonment in Canada of 10 years or more, then that person will lose their refugee hearing before the Convention Refugee Determination Division of the Immigration and Refugee Board. Also, if the person is ordered surrendered in the extradition process and for an offense that carries a maximum term in excess of 10 years imprisonment, then the order of surrender by the Minister of Justice is deemed to be a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board to the effect that that person is not a convention refugee. In fact, that the person has committed a "serious non-political crime" to which the UN Refugee Convention does not apply. Consequently, we will have to submit the evidence that we would normally submit to the Convention Refugee Determination Division of the Immigration and Refugee Board to both the Ministers of Justice and the Minister of Immigration pursuant to the provisions of the Extradition Act. The Minister of Justice is required to consult with the Minister of Immigration when a refugee claim has been made. Ultimately, however, it is the Minister of Justice that has the power to decide whether or not to surrender Ms. Boje to the United States of America. The Extradition Process On December 15, 1999, the extradition hearing in relation to Ms. Boje will commence. It will be held before a Judge of the Supreme Court of British Columbia in Vancouver, British Columbia. At that hearing, the USA, represented by the Canadian Department of Justice, will present affidavits and depositions setting out the case against Ms. Boje in support of her extradition back to the United States. The Judge will have to determine whether there is evidence, admissible under the Extradition Act, of conduct that, had it occurred in Canada, would justify her committal for trial for the offense in question. This is a very low test to meet and the government does not have to call witnesses and provide an oral hearing. It is likely that the only issue at the extradition hearing will be the voluntariness and therefore admissibility of the statement allegedly made by Ms. Boje upon her arrest. If the statement is held admissible, it is likely that she will be ordered surrendered on all charges. If the statement is held inadmissible, then there is a possibility that she will only be surrendered on the production or conspiracy to produce or cultivate marihuana charges which carry the seven year maximum in Canada and not the possession for the purpose of trafficking charges that carry life sentence. If we are successful in that regard, it is then possible that she will regain her Convention Refugee hearing as she will no longer be facing an offense for which there is a penalty in excess of ten years imprisonment in Canada. The Role of the Minister of Justice In rendering her decision, the Minister of Justice is empowered under the Extradition Act to refuse to surrender Ms. Boje if she is satisfied that: (a) Her surrender would be unjust or oppressive, having regard to all of the relevant circumstances; or (b) The USA's request for extradition is made for the purpose of prosecuting or punishing her by reason of her political opinion or that her position may be prejudiced because of her political opinion; or (c) The conduct in respect of which the extradition is sought is or amounts to a political offense or an offense of a political character. In view of the above, we will need to adduce evidence before the Minister of the following: 1. That to send Ms. Boje back to the United States to face a mandatory minimum 10 years of imprisonment for at worst, moving and watering some marihuana plants in a medical marihuana grow operation under Proposition 215, the Compassionate Use Act, in California, USA, would be unjust or oppressive or both having regard to all of the relevant circumstances; 2. That the USA, in making the extradition request, is doing so for the purposes of prosecuting her or punishing her by reason of her political opinion, namely supporting Proposition 215, the Compassionate Use Act, and the growing of marihuana for medical purposes; and that her position may be prejudiced because of her political opinion in that regard; 3. That the offense in the circumstances in California, USA, bearing in mind Proposition 215, the Compassionate Use Act, and the dispute with the US federal government, is a "political offense or an offense of a political character" so that the Minister of Justice should be satisfied that she should not be surrendered to the USA. Submission to the Minister We have 30 days from the date of the Judge's decision on surrender in the extradition proceedings to make the submissions to the Minister, unless the Minister grants us an extension of time. We have to proceed on the assumption at this time that our submissions to the Minister will have to be made on or before January 15, 2000 Subsequent Appeals It is important to remember that there will be an appeal from the extradition Judge's decision and that a judicial review will be taken of the Minister's decision if it is against Ms. Boje. Both that appeal and review will be heard together by the Court of Appeal for the Province of British Columbia. These submissions and documents will therefore become part of the record before that Court and perhaps ultimately before the Supreme Court of Canada. In addition, we would appreciate it if any submissions, affidavits or letters of support address as many of the following topics as the writer or deponent is able to within their knowledge or expertise and that they provide us with details of their knowledge or expertise and any exhibits or reports that they feel should be put before our Minister. This list of topics is not intended to be exhaustive, and any others that any one can think of, are welcomed. John Conroy, jconroy@johnconroy.com