Ronald Allen Smith
Encyclopedia
Ronald Allen Smith is a Canadian
man who was sentenced to death
in Montana
for murder
ing two people. As of 2011, Smith is one of two prisoners on Montana's death row
(the other is William Gollehon). Judge Jeffrey Sherlock granted Smith a stay of execution so his civil lawsuit challenging the constitutionality of lethal injection could be decided.
, was sentenced to death in March 1983. Seven months earlier, he killed two aboriginal men who offered him a ride while hitchhiking. He marched cousins Harvey Mad Man, 23, and Thomas Running Rabbit, 20, into the woods by the highway and shot them both in the head with a sawed-off .22-calibre rifle.
Smith refused a plea deal that would have seen him avoid death row but spend his life in prison. He pleaded guilty three weeks later and then asked for — and was given — a death sentence. Later he changed his mind. Smith has had several previous execution dates, but each has been overturned. November 2001 the United States Supreme Court denied a petition for review and 2010 The U.S. Supreme Court refused to hear his final appeal and the case was sent back to the State of Montana for another date for execution. http://www.albertalocalnews.com/reddeeradvocate/news/Judge_sets_execution_date_for_only_Ronald_Allen_Smith_106634269.html
Beginning in 1997, Canadian consular officials had requested clemency for Smith on humanitarian grounds; the Governor of Montana apparently showed some sympathy to these requests.
In October/November 2007, however, the government of Canada announced that it would not seek clemency for Smith; whereas Canadian government policy had always been to seek clemency through diplomatic channels for Canadians sentenced to death in foreign countries, the government now announced a new policy: "that multiple murderers and mass murderers who are convicted in a democracy that adheres to the rule of law cannot necessarily count on a plea for clemency from the Canadian government and patriation back to this country." As of 2010, Smith remains on Montana's death row
.
Counsel for Smith launched a proceeding in Canada's Federal Court
against the cabinet ministers responsible for the change in Canada's policy. In a decision rendered on March 4, 2009, Mr. Justice Barnes found that the Canadian government did not have a coherent new policy on seeking clemency in death-penalty cases, and therefore the government was required to apply the former policy to Smith's case. The court did not determine whether there is, generally, a legal duty on the government to help its citizens sentenced to death abroad; rather, the court based its decision on issues of procedural fairness, holding that before withdrawing support of Smith's clemency application, the government had a duty to consult fully with Smith and his legal advisors, followed by a fair and objective consideration of the appropriateness of applying any new policy to the facts of his case. In the result, the court ordered the Government of Canada to "take all reasonable steps to support [Smith's] case for clemency before the Governor of Montana and his advisors in accordance with the current government policy."
The government did not appeal the ruling of the Federal Court, and on June 19, 2009, Minister of Foreign Affairs Lawrence Cannon
said that the government is complying with the court ruling. Earlier the same day, Cannon explained the government's policy as follows: "Our government respects the decisions made by sovereign, democratic states. We are determined to ensure that justice is served for Canadians abroad. In that regard, we will continue to study each instance on a case by case basis and, where appropriate, seek clemency for Canadians facing the death penalty abroad."
Smith is, as of 2011, the only Canadian on death row in the United States.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
man who was sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing two people. As of 2011, Smith is one of two prisoners on Montana's death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
(the other is William Gollehon). Judge Jeffrey Sherlock granted Smith a stay of execution so his civil lawsuit challenging the constitutionality of lethal injection could be decided.
Murder in Montana
Smith, who is from Wetaskiwin, AlbertaWetaskiwin, Alberta
Wetaskiwin is a small city in the province of Alberta, Canada. The city is located south of the provincial capital of Edmonton. The city name comes from the Cree word wītaskīwin-ispatinaw , meaning "the hills where peace was made"....
, was sentenced to death in March 1983. Seven months earlier, he killed two aboriginal men who offered him a ride while hitchhiking. He marched cousins Harvey Mad Man, 23, and Thomas Running Rabbit, 20, into the woods by the highway and shot them both in the head with a sawed-off .22-calibre rifle.
Smith refused a plea deal that would have seen him avoid death row but spend his life in prison. He pleaded guilty three weeks later and then asked for — and was given — a death sentence. Later he changed his mind. Smith has had several previous execution dates, but each has been overturned. November 2001 the United States Supreme Court denied a petition for review and 2010 The U.S. Supreme Court refused to hear his final appeal and the case was sent back to the State of Montana for another date for execution. http://www.albertalocalnews.com/reddeeradvocate/news/Judge_sets_execution_date_for_only_Ronald_Allen_Smith_106634269.html
Canadian government involvement
The Government of Canada had maintained an interest in Smith's case since 1983, with Canadian consular officials communicating with some regularity with Smith, with his lawyers, with prison officials, with the Office of the Governor of Montana, with other Montana state officials, and with the U.S. Department of State.Beginning in 1997, Canadian consular officials had requested clemency for Smith on humanitarian grounds; the Governor of Montana apparently showed some sympathy to these requests.
In October/November 2007, however, the government of Canada announced that it would not seek clemency for Smith; whereas Canadian government policy had always been to seek clemency through diplomatic channels for Canadians sentenced to death in foreign countries, the government now announced a new policy: "that multiple murderers and mass murderers who are convicted in a democracy that adheres to the rule of law cannot necessarily count on a plea for clemency from the Canadian government and patriation back to this country." As of 2010, Smith remains on Montana's death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
.
Counsel for Smith launched a proceeding in Canada's Federal Court
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
against the cabinet ministers responsible for the change in Canada's policy. In a decision rendered on March 4, 2009, Mr. Justice Barnes found that the Canadian government did not have a coherent new policy on seeking clemency in death-penalty cases, and therefore the government was required to apply the former policy to Smith's case. The court did not determine whether there is, generally, a legal duty on the government to help its citizens sentenced to death abroad; rather, the court based its decision on issues of procedural fairness, holding that before withdrawing support of Smith's clemency application, the government had a duty to consult fully with Smith and his legal advisors, followed by a fair and objective consideration of the appropriateness of applying any new policy to the facts of his case. In the result, the court ordered the Government of Canada to "take all reasonable steps to support [Smith's] case for clemency before the Governor of Montana and his advisors in accordance with the current government policy."
The government did not appeal the ruling of the Federal Court, and on June 19, 2009, Minister of Foreign Affairs Lawrence Cannon
Lawrence Cannon
Lawrence Cannon, PC is a Canadian politician from Quebec and Prime Minister Stephen Harper's former Quebec lieutenant. On October 30, 2008 he was sworn in as Minister of Foreign Affairs...
said that the government is complying with the court ruling. Earlier the same day, Cannon explained the government's policy as follows: "Our government respects the decisions made by sovereign, democratic states. We are determined to ensure that justice is served for Canadians abroad. In that regard, we will continue to study each instance on a case by case basis and, where appropriate, seek clemency for Canadians facing the death penalty abroad."
Smith is, as of 2011, the only Canadian on death row in the United States.
Criminal Record
| OFFENSE | OFFENSE DATE | SENTENCE (MONTHS) |
|---|---|---|
| ESCAPE | 26-JAN-83 | 120 |
| COMMITTED W/DANGEROUS WEAPON | 26-JAN-83 | 60 |
| DELIBERATE HOMICIDE | 04-AUG-82 | DEATH |
| AGGRAVATED KIDNAPPING | 04-AUG-82 | 120 |
| AGGRAVATED KIDNAPPING | 04-AUG-82 | 120 |