PUBLICATION:        The Calgary Sun 

DATE:                         2004.01.09

EDITION:                    Final 

SECTION:                  Editorial/Opinion 

PAGE:                         15 

BYLINE:                     LINK BYFIELD 

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LET OSCAR GO

WAR VET FACING GUN CHARGE IS MERELY DOING HIS DUTY

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Not much, one suspects, will result from the review the Paul Martin government announced on Tuesday of their splendid billion-dollar rifle registry. Nothing but endless empty chatter about "greater efficiency" and "value for money."  One unidentified government official frankly admitted to the Globe and Mail that the Firearms Act is not a "meaningful law." Of course it isn't.

All but the most deluded gun-haters already know it's useless. But we may ponder how something useless can be made more efficient. Needless to say, no politicians are promising the registry will be junked. Paul Martin said: "There's a great deal of good in the gun registry," though he didn't say what.

Globe reporter Jane Taber suggested in her story that "revamping" the hated registry might be popular in the West. No, "revamping" it would just be more expensive. Scrapping it would be popular -- immensely popular -- but the Liberals won't do that.

Unfortunately, there is only one government that could sink the rifle registry, namely the government of Alberta, and it doesn't want to. In fact, it's helping Ottawa enforce it.

Alberta has brought charges under the Criminal Code against Oscar Lacombe, the 75-year-old Metis war veteran from Mundare who publicly defied the registration deadline a year ago. Alberta's Justice Department, headed by Edmonton Whitemud MLA David Hancock, has allowed a federal prosecutor to charge Lacombe under the Criminal Code for failing to register.

Hancock claimed in the Legislature on Nov. 25 that because a federal prosecutor was in the courtroom, the federal government was doing the prosecuting. But this was flat-out false. His own department appointed her as its agent; and had it not done so she could not have been there. Sneaky, eh?

Federal prosecutor Michelle Doyle was asked at Lacombe's trial whom she represented. "For the record," she told the judge, "the federal Crown is attending as agent for the provincial Crown in this matter."

Had she said anything else, the trial would have ended right there, because ONLY provincial governments can prosecute Criminal Code offences (regardless of who they send in to do it).

It makes you wonder what on Earth the Klein government thinks it's gaining by all this subterfuge, especially after swearing up and down since 1998 it would not prosecute registry offences.

All Hancock had to do was tell the feds to prosecute Lacombe themselves under the same provision in the federal Firearms Act.  Lacombe could then have challenged the Firearms Act on at least 10 grounds under the Charter of Rights.

And note this. Lacombe is now awaiting his verdict and sentence. Upon conviction, he will appeal. The government of Alberta can stay the charge prior to the verdict, or abandon the case on appeal. Either way, Lacombe wins and Ottawa loses.

It's utterly simple. Let Oscar go!

If Hancock drops the charge, he would give Ottawa's rifle registry a big, black, embarrassing political shiner. The feds would then have to watch Lacombe publicly thumb his nose at their registry, or give him a chance to get it struck down under the Charter of Rights -- something they have never yet allowed to happen because they know it violates fundamental civil rights.

If you'd like to get the government to smarten up, you can visit the website citizenscentre.com

From there you can send a letter to your MLA, along with copies to the premier and the justice minister. The letter is already written for you and you don't need to know your MLAs name, address or riding. Just type in your own name and postal code and the rest is done for you. It takes about 30 seconds and sends a clear message.

If all you're willing to do is belly-ache about the rifle registry and nothing else, you're as bad as the provincial government. All talk.

Oscar Lacombe is doing his duty.