Andy McMechan will be home for the holidays.
A Court of Queen’s Bench judge released the Lyleton grain farmer after a Dec. 9 bail hearing held in Brandon, Man.
Justice Gerald Jewers said the five months McMechan spent in jail seem to have changed his attitude.
“He is now prepared to surrender the tractor, which appears to have been the sticking point up until now,” he said.
“That may indicate a willingness to respect the processes of the court and the law more than he was prepared to do in the past.”
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McMechan was jailed July 9 for refusing to turn over the tractor he used to haul grain to the U.S. without an export permit. The move was part of a demonstration against the Canadian Wheat Board’s grain selling monopoly.
He didn’t have to physically turn his John Deere tractor over to Canada Customs. But defence attorney Len Tailleur told court his client would be willing to take advantage of a provision in the Canada Customs Act to post a $5,000 bond in lieu of handing over the vehicle.
Tailleur said McMechan and his wife Pam were relieved when the court announced his release.
McMechan has been advised by his lawyer not to speak to the media unless Tailleur approves it and is present throughout the interview.
“If the crown does not like what he says, his bail could be reviewed,” Tailleur said. “He’s just enjoying his freedom for now.”
Canadian Farmers for Justice put up the $5,000 bail for McMechan’s release, said Saskatoon-area spokesperson Ken Dillen.
Bond posted
The National Citizen’s Coalition, the pro-free market organization which hired Tailleur to take McMechan’s case, posted the $5,000 bond allowing him to keep the tractor, said spokesperson David Somerville.
The crown opposed McMechan’s release not because of his conviction, but rather because McMechan has a history of not complying with court orders, said prosecutor Chris Mainella.
“The only thing that has changed is he now has counsel,” Mainella said. “But that’s it. There is no other assurance.”
McMechan was released last week under the same conditions that were imposed by Justice Giesbrecht March 13, he said.
But Justice Jewars said the crown was not able to prove McMechan would re-offend if released.
“Certainly he has had a record of offences with respect to the Customs Act, all, it would appear, related to the sale of grain other than through the Canadian Wheat Board,” he told court.
“Certainly there is a possibility that if he is released he will re-offend. Is it likely? I am not able to say and do not suppose anyone is.”
On March 25, McMechan was convicted of breaking the customs law by exporting grain without a wheat board export licence and fined about $58,000.
He was jailed for repeatedly breaking conditions of bail, said crown prosecutor Clyde Bond last summer.
Charged with theft
McMechan joined another border protest and again used his tractor and wagon to export grain. That’s when customs ordered his tractor seized. When he refused, he was charged with theft over $5,000.
He appealed that order and in June, the court dismissed the appeal. On July 9, a judge revoked all the previous orders of release and McMechan was detained in a Brandon jail until he dealt with the charges.
McMechan’s conditions of release last week include orders to attend court when required, turn over his tractor, not to go within a half mile of the Canada-United States border, make no contact with customs officials and keep the peace.
Justice Jewars also stayed the $13,000 in fines against McMechan pending the appeal, expected to take place in April or May, Mainella said.
