REGINA - Colin Thatcher is dismayed with a court ruling that says he can't make any money from a book he wrote about his case, but Thatcher's publisher says the convicted killer is unlikely to appeal.
Jack David of ECW Press told The Canadian Press that he spoke with Thatcher about the decision made by a Saskatchewan judge.
"He said that he was disappointed because he thought that, based on the judge's response during the hearing, that the judge seemed to be neutral if not leaning towards receptive, certainly on the constitutional side, not on the recollection of crime side," David said Tuesday.
"So he had thought at that point that he had a pretty good hearing, but then he said in a humorous vein that he's been wrong in every single trial he's been to so what does he know."
Thatcher had taken the Saskatchewan government to court to challenge a law enacted last spring that says criminals can't profit from recounting their crimes.
Thatcher argued the law didn't apply to "Final Appeal: Anatomy of a Frame," because his book is about his dealings with the justice system, not about the 1983 murder of his ex-wife JoAnn Wilson. He also argued that the law was unconstitutional because it violated his freedom of expression.
But Court of Queen's Bench Justice Ted Zarzeczny disagreed.
Zarzeczny ruled Monday that the book is "replete with the recollections and retelling." Zarzeczny also said the law doesn't violate Thatcher's rights to freedom of expression, noting that Thatcher "is as free, as is anyone else, to write and publish a book respecting this crime."
Wilson was beaten and shot in the garage of her Regina home, just steps from the provincial legislature.
Thatcher, a former Saskatchewan cabinet minister and the son of former premier Ross Thatcher, has always denied committing the crime. He spent 22 years behind bars before being released on parole in 2006.
The Saskatchewan government is trying to collect the $5,000 advance that Thatcher was paid by ECW Press and to seize any profits from book sales. Under the law, the proceeds would go to victims, their family members or a victims' fund. However, the publisher can keep its share of the profits.
Don Morgan, Saskatchewan's attorney general and justice minister, said Monday that Thatcher had 30 days to appeal.
David said Thatcher did not want to talk to media about the decision.
The publisher said he doesn't think Thatcher "has any taste for much of an appeal" even though he believes Thatcher has a strong case. David also said he's not sure yet what the publishing company's next step will be and has asked lawyers to review the ruling.
"I think if there's going to be an appeal, it's not likely to be us directly. I think it'll be someone who's intervening and my guess is it would be an organization who's concerned about freedom of speech in Canada," said David.
It's the first time such a law has been tested in Canada. Four other provinces -- Ontario, Manitoba, Nova Scotia and Alberta -- have similar legislation, but it's never been challenged in the courts.
"In the U.S. where it has been tested, it has sometimes been found wanting and sometimes has been upheld. So there's no firm decision based on U.S. precedent here and there's nothing at all based on Canadian precedent," said David.
"I think from Colin's perspective that he's had quite enough of courts and judges and hearings and he's ready to say, 'well that's that."'
