Sask. urged to follow Alberta ruling ending RCMP’s role as prosecutors

The president of the Coalition of Aboriginal Peoples of Saskatchewan (CAPS) is advocating change to the province’s bail system after a judge in Alberta ruled that police officers acting as Crown prosecutors — a practice used in both provinces — contradicts the Criminal Code of Canada.

“I believe it’s an unfair advantage that you have the police playing dual roles as the arresting officers and the prosecution,” said Kim Beaudin, president of CAPS.

Chief Justice Neil Wittmann of Alberta’s Court of Queen’s Bench delivered his decision on Feb. 3. The ruling came in response to a request by Alberta Justice Minister Kathleen Ganley, who sought clarification on the practice of officers acting on behalf of the Crown as part of a larger, provincewide review of the bail system.

“This Court declares police officers do not have the authority to appear as prosecutors at bail hearings where indictable offences are charged,” Wittmann’s ruling said.

Officers acted on behalf of the Crown in Alberta almost 60,000 times in 2015, according to a report prepared as part of the province’s review of the bail system.

No such review has been done in Saskatchewan, but Saskatoonbased lawyer Brian Pfefferle said it is common to see RCMP officers representing the Crown in some of the more remote areas of the province and that such appearances are not limited to bail hearings.

“In some jurisdictions we regularly have RCMP officers appearing in provincial court, making elections about whether to proceed by summary conviction or indictment, speaking to the release of an accused person, and sometimes even running basic traffic trials on behalf of the court,” Pfefferle said.

While many of the cases handled by officers are routine matters, and police are often fully capable of performing what’s required, he would support a change similar to Alberta’s, Pfefferle said. The current system is inconsistent, because an accused person cannot be represented by someone who has not been called to the bar, even if the person is an articling student who has graduated from law school, he added.

“Without downplaying the possible resource strain this could have on the prosecution district, it is positive to make sure there is some consistency.”

Pfefferle said technology could play a role in changing the system — prosecutors could phone in to remote locations or appear through video link.

The Alberta ruling has no direct effect on Saskatchewan, but he said it could motivate people in the province to seek a similar decision.

“I wouldn’t be surprised if we end up having a further discussion as a profession about it, and whether we get some direction from our chief justice and our administrative judges across the province,” he said.

Glen Luther, a law professor at the University of Saskatchewan, said a change like Alberta’s isn’t necessarily soft on crime.

“It’s not clearly a defence or Crown or hard-line or soft-line position,” Luther said.

What it would do is give Saskatchewan “a more humane and just system,” he said.

Saskatchewan would need to hire more prosecutors to fulfil the obligations currently taken on by police officers. However, the cost could potentially be offset by accused people spending less time on remand.

“It doesn’t necessarily mean the system will be more expensive,” Luther said.

Wittmann granted a six-month grace period for Alberta to enact the changes dictated in his decision.

Beaudin said he wants Saskatchewan to implement the same changes. Saskatchewan people, particularly indigenous people, have lost faith in the justice system and a full-scale review of bail proceedings could help change that, he said.

Allowing police to act for the Crown naturally leads to more people being kept in jail rather than released pending trial, he added.

“The goal of the police, once they arrest you, is to keep you there.”

Ministry of Justice spokesman Drew Wilby replied to a request for comment with the following emailed statement:

“In Saskatchewan, bail hearings are run in Provincial Court by Crown Prosecutors. The Ministry of Justice does not comment on decisions handed down by judges.”