Getting our farmers out with grace & dignity

The Honourable Shirley McLellan,

Thank you so much for taking my call today, I really appreciate that because I know you have a very busy schedule and every second counts.

I have sent you all of the background information including the Prairie Centre's investigation into the Ontario grain marketing system.  I knew it would have a bearing on the outcome of the rally in Lethbridge, and would add impetus to the continued sense of alienation in the est.

The Alberta farmers are now in jail.  Immediately after the formal surrender the Barley Growers and the Wheat Growers met in a hotel room to plan a strategy to raise the money to pay the fines.  If the fines are paid, the farmers would walk out of jail and no real accomplishment would have been established, except for the very public statement the rally provided, and this was good, the Western Report is to be applauded for arranging this event.  All those who spoke publicly in support of the farmers, including your Premier, showed exceptional courage.  Now what do we do for an encore?  What should the strategy be?

If those brave farmers walk out of the jail, with their fines paid, it will appear that they accomplished little more than a publicity stunt and Goodale has already accused all of those who participated in the rally as being "publicity seekers."  This is his response based on the "media lines" supplied to him by the propagandists in his department.  We need to create something more substantial, as I proposed to Brenda Brindle, I would recommend that an inquiry be established, perhaps under the Provincial Inquiries Act, with the powers of subpoena, to bring the civil servants responsible for this travesty of justice to some kind of authority to answer for their actions and to reveal from what authority the received instruction to proceed against farmers, or to examine if they were acting on their own.

Andy McMechan and I have, over the past four and half years, received enormous amounts of information that suggest that the authority was contained in the media line "the integrity of the grain marketing system must be maintained and the laws in question must be upheld" and those "who break the law must be punished."  There is also the suggestion that "selective prosecution should be pursued" and that n example would be made in the punishment of a farmer in order to "deter others from selling their own grain."  

One of the strongest proponents of the prosecution of farmers was the NFU and the Grain Handlers Union.  If farmers had been successful in selling their own crop it would mean less handling and storing to the Grain Handlers, lay offs would have been inevitable, even today in Saskatchewan the Grain Handlers are leading and financing the fight against expanding hog production because every bushel of grain that is fed to a hog is less grain that they handle.

Even if the inquiry I propose lacks the powers under the Inquiries Act, a complete review of the transcripts, books of authority, reports of investigations, sworn information from informants, and all of the information withheld under the various exemption provisions should be pursued by applying to the Federal Court for the release of the information.  It seems grossly unjust in our society that the investigator, the informant, and the prosecution have access to information to convict while the defense does not have the same information in order to provide "full order and defense" as provided for under the Criminal Code.  Your Alberta farmers fall into that category.

What should their remedy be?  The success of our examination will provide the background for the farmers to pursue remedy by Civil Action against the Federal government in the Federal Court.  Our study will reveal that their was not law, only a policy statement and that is what they were convicted on.  If nothing else, the farmers can confirm that they never surrendered their right to private property, and to dispose of the property in any way they choose.

If you make this announcement on Monday morning those Alberta farmers could walk out of that jail with their heads held high.  They will have accomplished more in a weekend in jail than anyone has done since 1994.  You have that per - you can make it happen.  The person to head this up is likely a retired judge, supplemented by a professor of law with a number of students for the research, and a passionate criminal lawyer, like a Saul Simmons from Winnipeg, Greg Brodsky of the same city, or Geoff Dufour from Saskatoon, or any one you may choose.  The Prairie Centre Policy Institute would embark on a massive fund raising initiative to supplement the funds provided by the Government of Alberta.  We would turn over all of the information we received under the Access Act and act as research advisors to the investigation.

Unless we keep up the pressure immediately, we may well loose the momentum that's been built on the incarceration of those incredibly brave Alberta farmers.

Thank you,
Ken Dillen

 

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