Renewed call for change to bail hearings
Wynn’s Law passes through Senate, will go before House next week
EDMONTON A bill that would close a “glaring loophole” in Alberta’s bail application process came one step closer to becoming law, but not before a St. Albert RCMP officer lost his life.
Named for RCMP Const. David Wynn, who was fatally shot at the Apex Casino in St. Albert on Jan. 17, 2015, Wynn’s Law would make it mandatory for the Crown to disclose at bail hearings an accused’s criminal record, outstanding charges and past failures to appear in court.
Shawn Maxwell Rehn, 34, was out on bail when he fatally shot Wynn and wounded auxiliary Const. Derek Bond, despite having 29 outstanding Criminal Code violations.
“He had an extensive rap sheet, and yet none of that information was presented to a justice of the peace at that application hearing. As a result, he was let out on bail when he clearly should have been behind bars,” said St. Albert-Edmonton Conservative MP Michael Cooper, who has championed Bill S-217, otherwise known as Wynn’s Law.
Wynn’s Law, introduced by Ontario Sen. Bob Runciman, passed through the Senate with “wide support” Thursday evening.
“I’m glad that senators realize there is a glaring loophole and recognize that the way to close it is by passing Wynn’s Law,” Cooper said.
Cooper will now introduce the bill Monday in the House of Commons.
Had Wynn’s Law been in effect at the time of Rehn’s last bail hearing — after the casino shooting, he was found dead in a rural home east of St. Albert — Cooper said Wynn wouldn’t have died that day, and his wife, Shelly, wouldn’t be a widow.
“This case was one that was completely preventable had the information been provided at the bail application hearing,” Cooper said.
“There is no doubt in my mind that Shawn Rehn would be behind bars and Const. Wynn would be alive today.”
Shelly Wynn testified in support of the bill at the Senate Legal and Constitutional Affairs Committee in June.
Despite having an extensive criminal history spanning decades, including confrontations with police, Rehn’s past wasn’t brought up at his bail hearing.
At the time, Edmonton police blamed part of the problem on the participation of their own officers in bail hearings.
In Alberta, police officers sometimes participate in bail hearings instead of Crown prosecutors; however, they often lack the legal training needed to conduct them properly.
“We’re not trained to be lawyers, we’re not trained to do that sort of work, that’s better suited for someone who has legal training,” said Edmonton Police Chief Rod Knecht, adding Alberta may be the last province where officers take active roles in bail hearings instead of Crown prosecutors.
A new policy requiring Crown prosecutors at bail hearings in Edmonton and Calgary was supposed to take effect Oct. 24.
According to Patrick Mears, with the public affairs office for the Justice and Solicitor General Ministry, the Alberta Crown Prosecution Service has asked the Court of Queen’s Bench to clarify whether police officers are even allowed to act as prosecutors in justice of the peace bail hearings.
Chief Justice Neil Wittman reserved his decision Wednesday.
In April, Justice Minister Kathleen Ganley said the change could cost between $4 million and $6 million, and could mean the province would have to give up its capacity to hold bail hearings 24 hours a day.