Legal challenge launched as Canadian waits on death row
The Canadian Press
Posted: Jul 31, 2012 1:55 PM MT
Last Updated: Jul 31, 2012 1:53 PM MT
A legal challenge on how Montana carries out its death penalty is to go before a judge Wednesday while a death-row Canadian waits to hear whether he will be granted clemency.
The American Civil Liberties Union filed a civil lawsuit on Ronald Smith's behalf in 2008 that argues lethal injections used by the state to execute people are cruel and unusual punishment.
A trial is scheduled for September.
But a lawyer for the civil liberties union says both sides are asking the judge in Helena, Mont., to simply make a decision after hearing their arguments.
Ron Waterman says the judge is likely to reserve his decision until later in the summer.
Smith, originally from Red Deer, Alta., pleaded guilty almost three decades ago to killing Thomas Running Rabbit and his cousin Harvey Mad Man Jr. in 1983.
He has had his execution stayed until the civil case is resolved.
His request for clemency has been rejected by the Montana Board of Pardons and Parole, and his fate now lies with Montana Gov. Brian Schweitzer.
Latest Calgary News Headlines
- 6 youth charged in airport car theft ring
- Six youth have been charged in connection to a string of car thefts at the Calgary airport. more »
- Stress levels affecting performance at Calgary university
- A national survey on the health of post-secondary students shows there are a lot of stressed-out students on campuses, including at Mount Royal University in Calgary. more »
- New offer to save Eamon's would turn it into a 1950s diner
- A new group has stepped forward to help the city save the former Eamon's gas station and possibly turn it into a 1950s diner. more »
- 'We made a mistake,' Horne says on 1st-available bed policy
- Alberta's Health Minister Fred Horne conceded in an interview with CBC Radio One on Wednesday that the first-available bed policy was a mistake. more »
Top News Headlines
- Obesity now recognized as a disease
- The American Medical Association has voted to recognize obesity as a disease, while doctors in Canada say they also treat it as such. more »
- Neil Macdonald: Washington's obsession with leakers
- Julian Assange and Edward Snowden are just the most prominent targets in an all-out legal and propaganda campaign that America's security apparatus is mounting against leakers everywhere, Neil Macdonald writes. more »
- Caregiving dads stigmatized at work suggests UofT study
- Fathers who participate in child rearing and housework are likely to be labeled slackers and "failed men" at work, according to a study spearheaded by researchers at the University of Toronto and Long Island University. Are active dads the norm at your workplace? more »
- Dozens of children seized from Manitoba Mennonite community
- Child welfare authorities have removed all but one child from a small Mennonite community in rural Manitoba. more »
- Motorcyclist takes photos of wolf chasing him on highway
- Brazilian man blinded by stray bullet embarks on new career
- Violent serial attacker sent to prison indefinitely
- Calgary's new school construction comes with condition
- Loblaw testing small discount-store format in Calgary
- 6 ways to have a picnic in Calgary
- Post-secondary students feel stressed, survey finds
- City officials hopeful 'pop-up park' will open in August
- Illegal use of disabled parking spots on rise, officials say