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