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