PUBLICATION:        The Calgary Sun 

DATE:                         2004.01.26

EDITION:                    Final 

SECTION:                  Editorial/Opinion 

PAGE:                         15 

BYLINE:                     DAVE HANCOCK 

COLUMN:                  Guest Column 

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BYFIELD SHOULD BE ASHAMED

COLUMNIST IS SUGGESTING RULE OF LAW BE SUBVERTED

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I'm compelled to respond to the false allegations being spread by Link Byfield in his recent columns and to denounce his absurd suggestion that the government and the Attorney General should politically interfere in the prosecution of Criminal Code offences.

Following his protest on Jan. 1, 2003, Oscar Lacombe was charged by the police under the Criminal Code on the advice of Justice Canada.

Alberta Justice was not a party to that decision. Alberta Justice determined the matter was clearly an attempt to protest the federal firearms regime. That's why it was decided it would be more appropriate for Justice Canada to handle this case, rather than put the Alberta government in a position of defending legislation it fundamentally opposes. This was consistent with the province's policy on firearms prosecutions.

Byfield suggests that parallel charges are available under the Firearms Act. This is false.

The Firearms Act, as drafted by the federal government, contains neither a licencing offence, nor an offence for possessing a weapon at a public meeting. For that reason, Justice Canada elected to charge Lacombe under the Criminal Code.

If it were possible for charges to be laid under the Firearms Act, the provincial prosecution service would have insisted on this, if the federal government was determined to lay charges in this case.

Byfield and others have suggested that, because Criminal Code prosecutions are within provincial jurisdiction, we should have denied the federal prosecutor the authority to proceed or that we should intervene to stop the prosecution of Lacombe.

Byfield should be ashamed of himself for asking the Alberta government and specifically me, as Attorney General, to subvert the rule of law and politically interfere in a case. Under most circumstances, he would be the first on his soapbox if there was a hint of political interference in the justice system. Yet he is prepared to promote this type of behaviour when it satisfies his political agenda.

For obvious reasons, it is inappropriate for decisions involving criminal prosecutions to be made at a political level.

The courts have strongly rejected instances when laws are applied to some and not others, or ignored altogether because those in office choose to ignore them. Such actions would also be contrary to our constitutional obligation to uphold Canadian law.

Alberta challenged the gun registry legislation in the Supreme Court of Canada -- to the fullest extent possible. Unfortunately, the court ruled against us.

Alberta continues to oppose the registry not only as a huge waste of money, but as an unnecessary system that does not contribute to safe communities.

I've appointed an MLA committee to audit everything we have done to date and recommend any new legitimate actions we might take. This is still a very important issue for our government, but we cannot subvert the law for political purposes.

To be clear, Alberta Justice will not prosecute gun owners whose only offence is a failure to comply with the federal gun registry.

Our prosecutors will continue to handle licencing offences as we've always done, as well as those offences that adversely affect community safety, such as the use of a firearm in the commission of another offence.

As always, decisions on all cases are made by Alberta's prosecution service, independent of political influence.

For his own political reasons, Byfield is attacking the Alberta government. This criticism is misdirected. Only the federal government can abolish the registry and change legislation to prevent Canadians from being charged with possessing an unregistered firearm.

This is where Byfield and all Albertans should focus their attention.