Four months in jail for man who threatened Alberta NDP MLA Marlin Schmidt

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A man who sent an email threatening NDP MLA Marlin Schmidt and his family has been sentenced to four months in jail.

With credit for pretrial custody — largely served after he went on the lam after being found guilty — Donald Alexander Laird had just five days left to serve as of sentencing Monday.

Laird was convicted of making an indecent telecommunication with intent to alarm last November for a July 2020 email to Schmidt’s constituency office.

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The email, which came after Schmidt spoke approvingly in the legislature about the death of Margaret Thatcher, carried the subject line: “Alberta Funnyman Marlin Schmidt, and his wife were assassinated while shopping, absolutely funny.”

The email included a photo of two murder victims labelled as Schmidt and his wife. Laird wrote: “Perhaps you and your colleagues could remind funnyman Marlin Schmidt that finding hilarity in the deaths of one’s political opponents is a two-way street.”

He then remarked: “the really hilarious part of this little bit of target practice is that funnyman Marlin Schmidt’s wife was pregnant at the time. So really it was a 3-for-2 special!!!!”

Schmidt, the former minister of advanced education, said the email was the most disturbing he had ever received. It was sent via an anonymous Proton Mail account but signed with Laird’s name.

Alberta Court of Justice Justice Ferne LeReverend condemned the message. 

“While public officials should be open to public criticism and scrutiny, they should not have to face actions that threaten physical or psychological harm,” she said.

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“It is public knowledge that threats can cause the victim to be fearful for their lives, to be less inclined to participate fully in their office, or even decide to leave public office. In short, it is bad for democracy.”

Laird was charged after Schmidt’s assistant in his Edmonton-Gold Bar constituency office forwarded the email to the legislature’s sergeant-at-arms, who told her to report it to police.

Laird represented himself at trial. He claimed the Crown hadn’t proven he sent the email and that, even if it had, the images were akin to a “political cartoon.”

Laird personally cross-examined Schmidt and his assistant, suggesting the email was no worse than Schmidt’s Thatcher comment and that they were overly sensitive. “There is no fear, there is no indecency, there is no threat, there is no alarm there is no annoyance,” he said. “There is only Mr. Schmidt and his two loyal employees who use hypersensitivity, exaggeration, and manipulative melodrama to create what does not now and never did exist.”

LeReverend “completely” disagreed with Laird’s assessment and said she had no doubt he was the sender. 

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Laird was originally supposed to be sentenced in February but skipped court and was the subject of a months-long arrest warrant. He was arrested on July 4 by RCMP on Highway 2 and held in custody.

Prosecutor Steven Johnson sought a six-month jail term, followed by probation, but LeReverend settled on a shorter sentence.

LeReverend said it was mitigating that Laird only sent one email and took no further action.

“Under aggravating, I consider the email clearly stated it would be a good thing if Mr. Schmidt and his wife were shot. There was an unmistakable threat of violence to Mr. Schmidt, his wife, and their unborn child.”

Laird’s “moral culpability,” as well as the gravity of the offence, were both high, she said.

“(The email) was designed to cause fear, and it did. It created a risk of harm incompatible with the functioning of society.”

LeReverend imposed a 120-day sentence, with credit for 115 days time served. Pretrial inmates typically receive 1 1/2 days’ credit for every day behind bars. 

Laird was also handed an 18-month probation term requiring him to stay away from Schmidt and the staffer.

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Schmidt has mixed feelings about the outcome.

“I’m happy he’s finally suffering a consequence from a long history of this kind of behaviour,” Schmidt said. “But I was disappointed the sentence didn’t align with what the Crown had recommended.”

“And the four-month prison sentence, he’ll have served it by the end of tomorrow,” Schmidt said Thursday. “So I don’t think it will have the deterrent effect the Crown was seeking.”

Schmidt said it remains unclear whether Laird’s failure to show up for sentencing was deemed an aggravating factor, or whether he will face other consequences.

jwakefield@postmedia.com

x.com/jonnywakefield

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