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Don Vernay, lawyer for Ronald Allen Smith, speaks with CTV's Canada AM. Albertan Ronald Allen Smith, seen in this file photo, faces lethal injection for the 1982 murder of two men in Montana.

Lawyer astounded feds won't seek client's clemency

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Canada AM: Don Vernay, lawyer for the Canadian
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Date: Fri. Nov. 2 2007 10:34 PM ET

The lawyer for a Canadian awaiting execution in a Montana prison says he was shocked by the federal government's announcement it will no longer seek clemency for his client.

In the past, the government has requested that Canadian prisoners sentenced to death in the U.S. be allowed to serve out life sentences here, since Canada opposes the death penalty.

The apparent change of heart came as a blow to Don Vernay, lawyer for Albertan Ronald Allen Smith, who faces lethal injection for the 1982 murders of two men in Montana.

"I mean, talk about having the wind knocked out of you. I'm astounded, is all I can say," Vernay told CTV's Canada AM on Friday.

Public Safety Minister Stockwell Day announced in the House of Commons on Thursday that he will not plead for clemency for Smith, since he had been found guilty in a democratic country "that supports the rule of law."

On Friday, Prime Minister Stephen Harper confirmed Canada has no interest in wading into the debate over capital punishment, and would not be coming to Smith's aid.

"The reality in this particular case is, were we to intervene, it would quickly become a question of whether we were willing to repatriate a double murderer to Canada," Harper told reporters.

"In light of this government's strong initiatives on tackling violent crime I think that would send the wrong signal to the Canadian public."

Vernay said representatives of the federal government contacted him about a year ago and said they intended to try and bring Smith home.

"They came to us and they said we want Mr. Smith back in Canada, he's one of our citizens," Vernay said.

"We want the death penalty lifted and we are going to do whatever we can to secure his transfer to Canada and to have the governor of Montana grant clemency. And so we were pleased and we were surprised."

Vernay said he flew to Montana and met with the staff of Gov. Brian Schweitzer late this summer, and got the sense the clemency request was on the agenda.

"It was in the preliminary stages but everybody knew that this is what was on the agenda," Vernay said.

"And we had the Canadian government 100 per cent behind us and then all of a sudden out of nowhere comes this statement."

Vernay said the decision seems to fly in the face of Canada's position on the death penalty and sends a confusing message to the world.

"For your government to make a statement like that to the world internationally that you now support the execution of your own citizens -- what can I say? I mean, it's breathtaking in terms of its implications."

Smith was convicted for killing two Aboriginal men while hitchhiking through Montana in 1982. He is the only Canadian currently on death row in the U.S.

Relatives of the two men, Harvey Mad Man, 23, and Thomas Running Rabbit, 20, have pleaded with Schweitzer not to commute Smith's sentence.

Smith personally requested the death penalty, before later appealing the decision, asking for a life sentence.

Schweitzer said he is undecided about whether to commute his sentence.

Comments are now closed for this story

Kevin D
said

The guy committed the crime in a foriegn country, pled guilty, asked for the sentence, got it and now expects the Canadian government to come to his rescue?
Are we next going to ask for all Canadians convicted of crimes throughout the world to be returned to Canada?


Scott H
said

I don't get why they execute people for crimes they did over 26 years ago. What good does that do? You end up killing someone who most likely isn't anything like the person they were over two and a half decades earlier.

Why not just go medieval and hang them at dawn after their trial? No sense in pretending killing someone isn't barbaric.


LM
said

Every country has the right to refulate itself and make its own laws. It is the responsibility of anyone visiting foreign countries to obey the local laws. Why should a murderer be treated any different? This nonsense about "following Bush" is just a lame outburst based on political bias.


Matt
said

He was found guilty and sentenced according the law.
Unless the courts are corrupt the Canadian government should not interfere with the internal affairs of a country.

Of course Canada should help Canadian citizens accused of crimes, but this should come short of Canada arguing they should get shorter sentences just because they happen to be Canadian.

If you don't like the laws in certain place, don't go there, and definately don't commit a crime there.


John
said

Stockwell's claim that Smith has been found guilty in a "democratic country that supports the rule of law" doesn't suddenly mean we share ALL values with that country with regards to punishment. In fact, one thing has nothing to do with the other, so I suggest the minister think a little more before talking. Second, opposing the death penalty has been a Canadian stance for a long time, and with reason I think since it's pretty extreme and cold-blooded. Who is Stockwell or Harper to go against what Canadians want and value?


Bill
said

People should pay for their crimes....leave him there. If we bring him back to Canada and the Liberals got back into power this guy would be walking the streets in a couple of years.


Andrew
said

That's a tough one. On one hand Canada should be protecting our people no matter who they are. But on the other hand he's going to load down our own justice system and cost tax dollars to keep him in prison for a very long time. Conservative-minded people may agree with not helping the man, perhaps because it's a way for a murderer to get the dealth penalty without our own country being the party carrying it out. "Best of both worlds" - he is killed and we weren't the ones physically responsible. I don't know what to think - it's a tough call. I really hope the Canadian government thought this one through really well and didn't just make a quick decision or ill-informed decision.


Peter L
said

A standing ovation for the Conservative Government, for their decision on this matter. I can't believe we would ask for any clemency for anybody who was convicted of a violent crime, especially in a case like this. Any kind of murder conviction should carry this type of sentence. If you do the crime you should face the time or in this case your demise. Our country needs to be tougher on crime especially murder convictions. Life in prison here is a joke you could be out in 25 years or less. There should be no possible parole for convicted murderers. Life at CLUB FED is way too easy already. I say let other countries deal with convicted criminals the way they want and keep our noses out of it.
To Mr. Harper and the rest of the Conservative Government keep up the great work
against crime. We are the victims of crime not the criminals.



James
said

What about you go to a state and don't kill someone but yet are convicted? Would you want the Canadian government fighting for your rights then?

Would you extend the same reason to non democratic countries?

This is entirely about the death penalty and a government out of touch with the majority of Canadians.

Don D.
said

I'm not big on the Conservatives and even less of a fan of Harper but I must admit I agree with them on this issue. This guy was convicted of murder in a jurisdiction which fries murderers...nothing to do with Canada at all. Send him back,already.


Sherry
said

You commit a crime in another country you go by that country's rules. Canada has no business telling others how they should do things and really no right. If the person has gone through a democratic trial, especially when the evidence is overwhelming then why should Canada tell them - no you have to do what we tell you to do? If they commute the sentence to life in prison then the person should do the time in that country as well - not be brought back here to Canada so that the taxpayers have to pay to keep him/her. Yes, sometimes there are those who are innocent but the majority of the times that is not the case. Too bad the lawyer doesn't agree - most lawyers don't when they don't win the case themselves.


Karen D
said

The government of Canada said it would stand behind this guy, then they need to stick to what they have said...We can not go back on a word, It does not matter what party said that. ALSO, we are offically one step closer to bringing back the death penalty in Canada, think about that that next time you support the Conservatives.

OR Maybe you support the death penalty in Canada!


Francine
said

He killed two people. I don't care what country he's in.

We're not talking about a trumped up charge in a Chinese prison. We're talking about murder in the US. A country which has a democracy. He chose to break their laws. He should therefore be punished according to their laws.




Bob
said

I would remind Barbara that the U.S. had the death penalty long before George Bush and just as many were executed when the Democrats were in power. Capital punishment is a state matter. Bush has no say in the matter. Of course, the Canadian left wants to blame Bush for everything. Do they not realize that the US Democrats are more right wing than Steven Harper?

Freak Alert
said

The United States is not a democracy but a plutocracy. Actually, the United States is a corporation - not many people realize this. Ask any lawyer this.


West Coast Joe
said

Good.

Why should my tax dollars be spent trying to save this guy? Nobody is suggesting he is innocent. This means he killed two people.


Bob
said

Why on earth would we want this man back in Canada? He killed 2 people who gave him a ride. There is no doubt about his guilt. He should face the punishment of the state in which he committed his crime.

Eric
said

This is good news. If nothing else, it saves Canadian taxpayers millions of dollars for housing and feeding a convicted killer for the rest of his life.

Barbara Halligan
said

If Harper keeps up, he sounds just like his Buddy from Texas Bush. I wish an election would be called to get rid of this party that is not Conservative. Its Republican.

Riley W
said

I don't care if the lawyer is astounded.

The U.S.A. is a free democracy with the rule of law.

If you go to a state with the death penalty and kill someone, you should face the concequences of your action their, and my tax dollars and Canada's resources shouldn't be wasted trying to help a cold blooded killer.

This is not about the death penalty debate at all. I am glad Stockwell Day and the Conservative government took this route.

We have no business in the U.S.A's jurisdiction and justice system



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