Andy McMechan would never have been jailed if he had received proper legal advice, according to the lawyer who is now representing him.
But Leonard Tailleur, from the high profile Winnipeg firm of Walsh Micay, said he hopes to get the Lyleton, Man. farmer out on bail this week.
McMechan has been in jail since July because he has refused to turn over a tractor to Canada Customs. He used the tractor to haul barley across the U.S. border without an export licence from the Canadian Wheat Board.
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Tailleur said it’s unusual for someone without a criminal record to be jailed for this kind of offence. He said McMechan’s case would have been “markedly different” if he had legal representation.
McMechan was first charged with exporting barley without a Canadian Wheat Board permit in January 1995. He said in an interview at the time he wouldn’t hire a lawyer because he couldn’t afford one and he didn’t think he needed one.
Instead, McMechan got legal help from Dan Creighton of Saskatoon. Creighton is involved with Canadian Farmers for Justice, a group which opposes the wheat board’s monopoly.
Creighton is not a lawyer, but has helped several farmers in court, including David Sawatzky, who was acquitted in a Winnipeg courtroom in May.
The judge in Sawatzky’s case said it was not clear that the farmer needed an export permit. The legal loophole was immediately closed by federal agriculture minister Ralph Goodale.
But when McMechan and Tilston, Man. farmer Bill Cairns faced the same charges in front of a different judge in March 1996, they were found guilty and fined. The farmers did not appeal the conviction.
Tailleur said he became involved in the case a few weeks ago. He started by looking at all the court documents and transcripts.
“When we went through some of the material, we were very upset at some of the stuff that we saw.”
Different results
Most surprising was McMechan’s failure to appeal his first conviction. If he had appealed, Sawatzky’s subsequent acquittal may have altered the course of events, Tailleur said.
In September, McMechan was convicted of several offences under the customs and immigration acts. Tailleur said the farmer “thankfully” filed an appeal for those convictions.
“I got the material, I looked through it, and I found 18 grounds for appeal,” Tailleur said.
The lawyer has filed an amended notice of appeal, and expected to file a request for bail pending the appeal last week.
“If (McMechan) had been advised properly and understood the process, all that needed to be done was someone to post the bond of $5,000 and he could have had his tractor,” Tailleur said.
He said he has someone lined up to post the bond, and he’s hoping the crown agrees to set McMechan free on bail.
