Saving Lives

It's the finding of a federal judge that the Conservative Government of Canada has erred in its determination not to seek clemency for an Albertan imprisoned in the United States, bearing the distinction of presenting as the only Canadian on death row with the potential of paying the ultimate price for murdering two American aboriginal men.

Ronald Smith, incensed, outraged, furious that his government decided not to contest his death-row sentence took steps to challenge the government decision, in 2007.

At that time the government of Canada explained that it had no intention of seeking a transfer to a Canadian prison for Canadians found guilty of murder in another democratic country. However, wrote Federal court Justice Robert Barnes, "The decision by the government of Canada to withdraw support for Mr. Smith was made in breach of the duty of fairness, is unlawful and is set aside."

More's the pity. Mr. Smith brutally murdered two young unarmed, trusting American aboriginal men who stopped to pick him up, just another hitchhiker. They would little have imagined such a casual encounter would place them in danger. He repaid their trust by viciously taking their lives.

And although Canada does not itself employ the death penalty, and seeks to protect Canadian citizens from that ultimate penalty exercised elsewhere, the government saw fit to relinquish its role as protector in those instances where crimes committed were of a sufficiently atrocious nature as to set those committing such crimes outside the pale of consideration.

A move hailed by some Canadians, held in contempt by others, as practising an unjustified double standard. Sometimes, however, the punishment does fit the crime. On the other hand, we are not executioners, and it ill behooves governments to destroy lives on behalf of justice. Yet there is something about some crimes that are so heinous in their commission that they remove compassion and permit indifference.

Many people find themselves unable to support government taking extraordinary steps to ensure the 'human rights' protection of those whose brutality evidenced a total absence of compassion for others in the sheer abandonment of their own humanity. And when the government issued its position in 2007 with respect to the death-row sentence of Ronald Smith, liberals and human rights activists sprang into protest.

"The Canadian government's decision to withdraw its long-standing support for Mr. Smith seems to have been made very quickly and without any widespread or considered consultation", wrote Judge Barnes. "While the government is generally free to change its policies, there must still be a tangible and intelligible articulation of any policy before it can be applied to a case like Mr. Smith's."

Of course it is the considered opinion of those less transfixed with the zeitgeist of these times that no effort be spared to protect the human rights of society's worst offenders, while paying little to no attention to the rights of those offended against doesn't quite bespeak their own vision of justice.

"Every individual abroad will continue to receive consular assistance, and with respect to any judgements that have come down from the courts ... we of course, will have a look at them and respond accordingly" reasonably asserted Justice Minister Rob Nicholson.

In any case, the very particular case of justice being met for this double murderer is moot, for Montana state senators passed a bill which its House of Representatives is expected to vote for and pass, that would abolish capital punishment in the state. So that Smith's current sentence of death would be replaced with one of life imprisonment without the potential for parole.

Which comes as a relief. Canadians should thank the U.S. justice system for keeping him there. We have more than our share of psychopathic murderers, and it's good of the U.S. to burden themselves with the incarceration upkeep of this disgusting man.