Alberta review suggests police officers should not have to attend bail hearings

By Lauren Krugel, The Canadian Press

CALGARY – A review ordered after the fatal shooting of a Mountie in Alberta last year says Crown prosecutors and not police officers should be present at bail hearings following an arrest.

“Although police representing the Crown at bail hearings is a practice of very long standing in Alberta, it fails to meet the requirements set out in the Criminal Code,” former federal Crown prosecutor Nancy Irving wrote in a report penned in February but released by the Alberta government on Friday.

“The practice is also strongly opposed by most stakeholders in Alberta’s criminal justice system. It is time for the current practice to end.”

Police can release people arrested for minor crimes on promises to appear in court later. In more serious cases, suspects must be seen by judges or justices of the peace within 24 hours and can ask for bail.

The shooting of Const. David Wynn brought to light that, in most of these cases in Alberta, it has been police officers and not Crown lawyers attending these initial hearings.

Justice Minister Kathleen Ganley said the government is already acting on several of the review’s 31 recommendations, but adds it will need to consult with police, federal prosecutors and defence counsel before moving forward with others.

“The bail system needs to be looked at thoughtfully and thoroughly before significant change is made. This is a system that balances fundamental rights and public security,” she said.

“We must be careful not only to improve the system but to avoid any unintended consequences.”

For instance, it would be difficult to keep Alberta’s bail offices running 24 hours a day — a unique situation in Canada — if some of the recommendations were to be implemented, Ganley said.

“We’re looking at a number of new staff and some not insignificant costs if we do move to that model.”

Preliminary estimates put the cost of hiring more Crown prosecutors and support staff at between $4 million and $6 million.

Ganley said deciding whether to move to the recommended approach will “definitely take some time.”

In the meantime, 3,354 police officers have been designated to handle bail hearings. Ganley said steps are being taken to ensure they have appropriate and consistent training.

The province asked for the review following the shooting of Wynn outside an Edmonton-area casino in January 2015. Wynn’s partner, auxiliary Const. Derek Bond, was injured.

The shooter, Shawn Rehn, had a lengthy history of criminal and violent behaviour, but was free after a hearing where a police officer had been present. That raised the question of whether Crown prosecutors, with more courtroom experience, should attend all bail hearings.

The government said there were about 60,000 criminal arrests in the province in 2015 that were followed by a first-instance bail hearing. Police were present at 99 per cent of those hearings.

Rehn was found dead in a home after the shooting and his death was deemed a suicide

Between 1995 and 2015, he had been convicted of 68 offences, most of them property crimes, but some involving violence and drug use. He was charged with breaching his bail conditions on 10 different occasions, which resulted in 21 charges.

On the day he died, Rehn was still facing 30 charges for four separate offences, including fraud, resisting a peace officer, escaping lawful custody, possessing a prohibited firearm, failing to appear in court, failing to stop for police, dangerous driving and multiple charges of breaching bail conditions.

A survey at the time by The Canadian Press of justice and Crown officials from across Canada revealed a patchwork of policies, but Alberta was the only province that predominantly relied on police rather than Crowns at initial bail hearings.

— Follow @LaurenKrugel on Twitter

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