Greg Jackson of Helena is shocked. “It's pretty outrageous,” he said last week, reacting to the Canadian government's decision to drop its clemency campaign on his client's behalf.
Jackson is one of two attorneys with the task of representing Ronald A. Smith, the Canadian citizen who murdered two young men from Browning 25 years ago. Smith was hitchhiking through East Glacier and caught a ride from Thomas Running Rabbit and Harvey Mad Man, each of whom he shot in the head with a sawed-off shotgun because, he later explained, he wanted to know what it would be like to kill someone.
Meanwhile, Smith has the distinction of being the only Canadian citizen on death row in the U.S. And of course, there is no death penalty in Canada. That's why Canadian officials took it upon themselves to visit with Schweitzer informally about Smith's case and press for clemency - an effort that was undoubtedly welcomed by Smith's lawyers.
However, any hopes for additional pressure from Canada were deflated last week, when that country's Department of Foreign Affairs announced it would no longer petition for clemency in “democratic countries, like the United States, where there has been a fair trial.” The announcement effectively marks an end to Canada's misguided but long-standing policy of seeking clemency for Canadian citizens facing the death penalty outside its borders.
Setting aside the contentious debate over the death penalty itself, Canada's decision reflects the sensible notion that countries should not meddle in other countries' methods of meting out justice.
No nation should intervene on behalf of those who commit crimes in the United States - and the U.S. shouldn't intervene on behalf of those who commit crimes elsewhere. No matter their nationality, all travelers must respect and abide by the rules of their host nation, or face the consequences according to that country's standards.
Clearly, there are times - when true justice is impossible due to an inherently unfair or corrupt system - when it is appropriate for government officials to intercede. But when people traveling abroad break the laws of other nations, they should not expect to be rescued by their governments, even if their punishment they stand to receive is not the same as the one given by their own government.
Whatever Smith's ultimate fate, his lawyers - not his government - are the ones who should be pleading his case.
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