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Thu Nov 29 14:53:57 EST 2007

 --- On Tue 11/27, Mark and Heather Warren < aiwarren at sympatico.ca > wrote:
From: Mark and Heather Warren [mailto: aiwarren at sympatico.ca]
To: cdn_abolition at compar.com
Date: Tue, 27 Nov 2007 18:30:54 -0500
Subject: [cdn_abolition] Ron Smith takes Canada to court

Death-row Canadian challenges Tory government policy on executions Jennifer Ditchburn, THE CANADIAN PRESS Published Tuesday November 27th, 2007 OTTAWA - A Canadian double-murderer facing execution in Montana has taken the Conservative government to court over its sudden change of policy on the death penalty. The Tories revealed earlier this month that they would no longer seek clemency for Ronald Allen Smith or any other mass or multiple murderer sitting on death row in a democratic country. Up until late October, officials at the Department of Foreign Affairs had been lobbying for more than a decade for Smith's life to be spared - in keeping with longstanding government policy. Smith was convicted in 1983 of the execution-style murder of two cousins who picked him up while he was hitch-hiking and has been fighting his death sentence for over 20 years. On Wednesday, a team of high-profile Canadian 
lawyers filed an application on Smith's behalf at the Federal Court of Canada for a judicial review of the government's new policy. They say the government's reversal of its long-standing position on the use of the death penalty abroad constitutes a "tacit approval" of Smith's execution. The application argues that Smith's constitutional rights and international law are being violated. It calls on the judge to declare the policy invalid and unlawful, restart efforts to have Smith's sentence commuted and award him court costs. "The death penalty is illegal in Canada . . .and inconsistent with our Charter," said lawyer Lorne Waldman. "We believe our government has an obligation to seek clemency for Canadian citizens who are at risk of being subjected to the death penalty." The Federal Court application will force the Conservatives to submit documents outlining their policy decision and the arguments behind 
it. Justice Minister Rob Nicholson and his staff had been unwilling to answer questions about the policy, such as what criteria goes into deciding that a country is "democratic," or whether criminals convicted of other heinous crimes such as child murder might also be passed over on appeals for clemency. Government statements on the policy have also changed over the weeks. On November 2nd, Public Safety Minister Stockwell Day referred to "murderers who have been found guilty in a democratic country." Last Tuesday, Nicholson specified that "multiple or mass murderers" could not count on government support while on death row. "I would hope that, through that process, and through the process of filing affidavits and other documents, the court will be able to understand what was the basis for this decision," said Waldman. The government underlines, meanwhile, that it has no intention of reopening the domestic 
debate on capital punishment, and supports a global moratorium on its use. The leaders of the three opposition parties have written to the governor of Montana, asking him to commute Smith's sentence to life imprisonment. A petition to that effect, spearheaded by Bloc Quebecois leader Gilles Duceppe, is expected to be signed by all opposition MPs on Wednesday. "I understand that someone who risks losing their life would use all tools at their disposal," Duceppe told reporters Tuesday. "What I have trouble understanding is why the government wants to bring us back to a debate on capital punishment through the back door. That's what they're doing with this case in Montana." Capital punishment has been vigorously debated in the state, particularly because of the use of controversial lethal injections. Montana also does not bar executions for the mentally disabled. Smith is one of two inmates on death row in the 
state. The last Montana execution was in 2006. The state senate recently passed a motion to abolish the death penalty, although it stalled in the lower house. Executions are effectively on hold across the United States, as the Supreme Court studies the issue of whether such injections represent cruel and unusual punishment. -- Mark Warren Human Rights Research Ottawa, Canada (613) 256-8308 http://www3.sympatico.ca/aiwarren <http://www3.sympatico.ca/aiwarren/about.htm> ************************************************ Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy 
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