Crown Insists
on Jail Time for Three Alberta Farmers
(June 12, 2002 -
FFJ) Three Alberta farmers
appeared in Queen’s Bench Court in Lethbridge Monday, June 10 to answer
to charges of failing to pay fines in excess of $1000.
The fines were levied by the Revenue Canada for violations of
Section 95(1) of the Customs Act and Sections (3) and (5) of the Reporting
of Exported Goods Regulations in 1996.
Jim Ness, Darren Winczara
and Rod Hanger were brought before Justice JH Langston for failing to
possess a valid Canadian Wheat Board Export License.
The three farmers had collectively sold 4 bags of barley and one
commercial load of barley to the United States in 1996.
Ron Duffy of Farmers for
Justice, claims the charge is false.
He quotes the law as reading, “no person shall be convicted of an
offence consisting of a contravention of any regulation that at the time
of the alleged contravention was not published in the Canada Gazette.”
The Canadian Wheat Board’s Export License was never published.
The Crown admitted the license does not legally exist.
Justice Langston suggested a
suspension of federal licenses (CWB Permit Books) in lieu of fines.
He also suggested civil action, the seizure of federal monies owed
to the three men, or seizure of farm equipment in lieu of prison time.
Agent for the Crown, Michael Dimnik refused, insisting on
incarceration of 17 days per $1000.
The farmers were able to
minimize the impact on their families, farms and communities by requesting
Justice Langston hold the warrants until October 31, 2002 (after harvest)
when the three men are ordered to report to the Court again, advising them
to “bring your toothbrush.”
Ron Duffy was outraged.
“Farmers living in areas other than Alberta, Saskatchewan or
Manitoba are exempt from this Act,” he said.
“Feed manufacturing companies like Cargil are exempt, pedigree
seed producers are exempt, but if you farm in Alberta and export $8 worth
of commercial barley to Montana, go directly to jail!”
Farmers for Justice, a
non-profit organization dedicated to justice in Western Canada, says it
will not stop assisting the three men.
“These prosecutions have been on-going since 1996,” Duffy said.
“They are malicious and they constitute a travesty of justice
which must be brought to an end.”
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For more information
contact:
Ron Duffy, Farmers for Justice, 403-885-5190
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