Proceeds of crime?
Saskatchewan takes Thatcher to court over book profits
Court to decide if Thatcher book falls under proceeds of crime legislation
Friday, October 16, 2009
CBC News
Court to decide if Thatcher book falls under proceeds of crime legislation
Friday, October 16, 2009
CBC News
Colin Thatcher, seen here during a recent interview talking about his book, will return to a Saskatchewan court in a fight over proceeds. (CBC)
The province of Saskatchewan and Colin Thatcher are once again headed to court, this time in a tussle over proceeds from Thatcher's recently published book about his murder case.
Thatcher, the son of a former premier, is serving a life sentence for the 1983 murder of his ex-wife, JoAnn Wilson. After spending 22 years in prison, Thatcher was paroled to his family ranch outside of Moose Jaw, Saskatchewan west of Regina.
In April the government of Saskatchewan swiftly enacted a law to ensure convicts could not make money telling their stories.
The Thatcher book, Final Appeal: Anatomy of a Frame, was targeted by justice officials who recently began the legal process to recover money associated with the publication.
Thatcher was given an opportunity to voluntarily remit his proceeds.
On Friday, justice officials told CBC News that their notice did not attract a response. As a result, the matter is now heading to court.
A court date has been set for October 29 in Regina.
"Mr. Thatcher has been served with the necessary documents," Laur'Lei Silzer, a spokeswoman for the province's justice ministry, told CBC News. "We are going to proceed to court under the Profits of Criminal Notoriety Act."
Thatcher claims his book does not violate the act because it does not talk about the crime itself. Instead, he focuses on his trial and how his case was handled. Thatcher has also steadfastly asserted he did not kill Wilson.
Legal experts have read Thatcher's book and say the province may not have a strong case.
"I've looked at the book," John Whyte, a constitutional law expert in Regina, told CBC News. "There's very little detailing of the crime."
Whyte said Saskatchewan's law may not stand up to scrutiny under the right to free speech.
"This is a suppression of his freedom of speech," Whyte said. "Furthermore, it's suppression of the speech we really try to protect."
Whyte, who is a former deputy minister of justice in Saskatchewan, said he found Thatcher's writing had some merit.
"It's a critical analysis of the administration of justice in the province," Whyte said of the book. "It's a very valuable book from that perspective."
If Saskatchewan is successful in court, the law says any money recovered should be directed to victims.
The justice ministry noted that, in this case, Thatcher's children would qualify for the money.
"They are children of the victim," Silzer said. "They are relatives of the victim, so I assume that would be possible."
Ironically, Thatcher said his plans for the book profits are very similar.
In an interview with CBC News shortly after his book was published, Thatcher said he plans to give any money he makes to his children.
The province of Saskatchewan and Colin Thatcher are once again headed to court, this time in a tussle over proceeds from Thatcher's recently published book about his murder case.
Thatcher, the son of a former premier, is serving a life sentence for the 1983 murder of his ex-wife, JoAnn Wilson. After spending 22 years in prison, Thatcher was paroled to his family ranch outside of Moose Jaw, Saskatchewan west of Regina.
In April the government of Saskatchewan swiftly enacted a law to ensure convicts could not make money telling their stories.
The Thatcher book, Final Appeal: Anatomy of a Frame, was targeted by justice officials who recently began the legal process to recover money associated with the publication.
Thatcher was given an opportunity to voluntarily remit his proceeds.
On Friday, justice officials told CBC News that their notice did not attract a response. As a result, the matter is now heading to court.
A court date has been set for October 29 in Regina.
"Mr. Thatcher has been served with the necessary documents," Laur'Lei Silzer, a spokeswoman for the province's justice ministry, told CBC News. "We are going to proceed to court under the Profits of Criminal Notoriety Act."
Thatcher claims his book does not violate the act because it does not talk about the crime itself. Instead, he focuses on his trial and how his case was handled. Thatcher has also steadfastly asserted he did not kill Wilson.
Legal experts have read Thatcher's book and say the province may not have a strong case.
"I've looked at the book," John Whyte, a constitutional law expert in Regina, told CBC News. "There's very little detailing of the crime."
Whyte said Saskatchewan's law may not stand up to scrutiny under the right to free speech.
"This is a suppression of his freedom of speech," Whyte said. "Furthermore, it's suppression of the speech we really try to protect."
Whyte, who is a former deputy minister of justice in Saskatchewan, said he found Thatcher's writing had some merit.
"It's a critical analysis of the administration of justice in the province," Whyte said of the book. "It's a very valuable book from that perspective."
If Saskatchewan is successful in court, the law says any money recovered should be directed to victims.
The justice ministry noted that, in this case, Thatcher's children would qualify for the money.
"They are children of the victim," Silzer said. "They are relatives of the victim, so I assume that would be possible."
Ironically, Thatcher said his plans for the book profits are very similar.
In an interview with CBC News shortly after his book was published, Thatcher said he plans to give any money he makes to his children.
posted by Clare L. Pieuk at 8:33 PM
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