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The Oscar Lacombe Campaign

SAMPLE LETTER to the Premier Ralph Klein
(email to premier@gov.ab.ca)

Dear Premier Klein,

I am unimpressed, unconvinced and greatly confused by the recent statements of your Attorney General, David Hancock, in the matter of Oscar Lacombe's prosecution.

Mr. Hancock repeatedly says that your government is not prosecuting Oscar, Ottawa is.

Why then did the prosecutor, Michelle Doyle, identify herself at the opening of the trial as "an agent for the Provincial Crown in this matter"? Was she lying? If so, has your government notified Judge McNab that she had no authorization to say this? Why not?

Please answer this simple question in simple, straightforward language.

Mr. Hancock then says that Alberta cannot stop Ottawa from charging Oscar under the Criminal Code.

Why then did former federal justice minister Anne McLellan make the following official statement to the Attorney General of Manitoba three years ago:

"The federal government has no jurisdiction to prosecute Criminal Code offences that relate to firearm licensing and could only acquire such jurisdiction by an amendment of the definition of 'Attorney General' in section 2 of the Criminal Code."

It would seem to me that if Ms. McLellan (a university law professor) is correct on this point, then Mr. Hancock (one of her former students) must be mistaken.

In her letter Ms. McLellan identifies this provincial power as a section 92 constitutional right.

Please clarify for me in simple language why Mr. Hancock is denying it.

Third, Mr. Hancock then changes course and contradicts himself. He has already said he can't stop Ottawa from prosecuting. Now he says he can but won't. To refuse the federal government permission to prosecute Oscar, he now says, would constitute "political interference."

I have to say he's starting to lose me here, Mr. Premier, seeing as he's been saying for years that Alberta won't enforce the gun registry. Now he's saying we must, or it's "political interference" in the prosecution of criminal law.

But here he's up against Peter W. Hogg, often described as the foremost constitutional authority in Canada, who says: "Policing and prosecutorial decisions are made at the local level, ensuring that national criminal law is sensitively administered in response to local needs, values and sentiments."

Alberta does not "need", "value" or "want" a high priority placed on gun law prosecutions, yet Mr. Hancock says he is duty-bound to proceed.

Please tell me in simple English, is Mr. Hancock right or is Professor Hogg?

Fourth, Mr. Hancock says that Alberta must enforce the gun law impartially and consistently on everyone, even though the government disagrees with it (and has said since 1998 it won't enforce it on anyone).

If this is so, Mr. Premier, please explain why so many other public protesters have not been prosecuted or even questioned by police.

An upstanding citizen in Calgary, Ken Palmer, for example, unlicensed and unregistered, turned himself in to the police a few days after Oscar Lacombe's protest in Edmonton. He has heard nothing since. Why no charges?

There are elected officials of unusual courage in this province who have stated in the media that they will neither license nor register. Why no charges?

There is an entire organization of "law-abiding unregistered" gun owners in Alberta whose officials are all publicly self-identified. No investigation. No charges.

Where are Dave's dragoons? Why just Oscar Lacombe?

Mr. Premier, this performance is unacceptable. Please "stick to your guns." Your government has stated for six years that it will not prosecute the gun law. If your government, and others across the country, use your existing powers over Criminal Code prosecutions, you can finish it off. Criminal laws that are not consistently enforced are struck down as unconstitutional.

This is a perfect moment for decisive action. As you know, there have been serious reports that the federal cabinet is considering "decriminalizing" the firearms program.

If you withdraw the charges against Oscar Lacombe, you can end this foolish federal intrusion into our lives once and for all.

Oscar Lacombe served your government for 14 years loyally and well. The police and your own Justice Department have admitted that his act was a responsible political protest that endangered nobody. Why can you not let him go?

Please answer these questions in simple English.

Click for copy of letter in text format


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More info on Oscar Lacombe


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