EDMONTON: Alberta taxpayers should not be on the hook for Stockwell Day's defamation case settlement until it is adequately and fairly determined that he is eligible for coverage under the province's Risk Management Fund says the Canadian Taxpayers Federation (CTF).

In a letter sent today to Justice Minister David Hancock, the CTF's Acting Director in Alberta Troy Lanigan notes that coverage under the Fund requires that there was no 'intentional damage' on Mr. Day's part and that he was acting in his capacity as an MLA when he wrote an April 1999 letter to the Red Deer Advocate. Because the case was settled out of court, no judgment on these matters was ever made.

Reads the letter:

"The CTF does not wish to pass judgment, and adds that we support an insurance fund, but feel the process followed to date has provided little public confidence that Mr. Day's eligibility for coverage has been adequately and fairly determined - [We] therefore urge you to refer this matter to a judge so that an independent and arms-length determination of Mr. Day's eligibility - can be made - We suggest that a reference to the courts in this case will clear the air of any uncertainty as to the process or appropriate use of taxpayer funds."

The CTF added that it supports the government's efforts in making the settlement public, however emphasized that the more important issue is determination of Mr. Day's eligibility.