Bail recommendations could cost millions

Justice minister says consultations necessary before changes can be made

A review of the province’s bail system following the fatal shooting of a St. Albert RCMP constable recommends Crown prosecutors replace police officers at bail hearings, a move that could cost the government several million dollars to implement.

But one critic says he doesn’t believe that measure — estimated between $4 and $6 million — is needed, especially when it could mean losing 24-hour bail hearings seven days a week.

Alberta is the only province that offers this service.

The Alberta bail review released Friday lays out 31 recommendations, some of which the government says are already underway, including better information sharing and training.

Justice Minister Kathleen Ganley said further consultation is required before any significant changes are made.

Different methods could be considered, she said, such as using prosecutors at highly contested hearings and allowing one of more than 3,000 authorized police officers across the province to continue acting on the Crown’s behalf the rest of the time.

“This is a system which balances fundamental rights and public security. We must be careful not only to improve the system but to avoid any unintended consequences,” Ganley said Friday.

The review, led by former fed- eral Crown prosecutor Nancy L. Irving, found that having police represent prosecutors at bail hearings fails to meet the requirements set out in the Criminal Code and is a practice “strongly opposed” by most of those involved in the justice system.

Prosecutors also have a better understanding of the law and are required to act without bias, she wrote.

Kelly Dawson, president of the Alberta Criminal Trial Lawyers Association, supports of most of the recommendations, but said defence lawyers would “strongly object” to doing away with bail hearings held around the clock.

The Criminal Code requires the first appearance at the bail stage to take place within 24 hours of an arrest.

Dawson said in 99 per cent of cases — many of which are minor matters dealt with in minutes — the bail system is effective. The shooting “was a very unfortunate and tragic situation that occurred and I think the reality is that is not a frequent experience,” Dawson said.

“Many of the other recommendations, if they’re approved, in terms of better information and training, can take care of what gaps exist in the system.”

Some of the other recommendations the government will consider include eliminating bail hearings from being conducted over the telephone, making Legal Aid duty counsel available at bail hearings, and making hearings more accessible to the public.

The review was one of the recommendations that came out of a report into the Jan. 17, 2015, murder of RCMP Const. David Wynn and wounding of auxiliary Const. Derek Bond at a St. Albert casino by a man on bail.

Shawn Rehn, who later shot and killed himself, had a lengthy criminal record and was wanted on outstanding warrants.

He was facing 29 Criminal Code charges at the time.

His criminal record included convictions for violent offences, and several charges for breaching bail conditions and failing to appear in court.

Despite that record, a justice of the peace released Rehn on bail months before the killing.

The shooting prompted questions about provincial bail procedures because the hearing was conducted without a Crown lawyer representing the prosecution, which is common in Alberta.

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