If you do the crime, you should do the time — unless a Liberal government decision reduces your sentence or grants you bail..Families For Justice, a group from Surrey, BC, sent a letter recently to The Standing Committee on Justice and Human Rights in Ottawa.. PierzchalaJustyna Pierzchala and Michal Pierzchala speak about their brother, OPP Const. Grzegorz Pierzchala, who was killed in the line of duty Dec. 27. .“The Dec. 27, 2022 killing of an Ontario Provincial Police (OPP) Officer, brings renewed scrutiny to Canada's bail system. Following the shooting death of Const. Grzegorz Pierzchala near Hagersville, ON, the 25-year-old suspect Randall McKenzie was wanted by police for missing an August court date,” President of Families For Justice Markita J. Kaulius said in the letter..“He was accused of assault, and he had a number of weapons charges in an incident involving his son's mother and her boyfriend. A judge issued a warrant for McKenzie's arrest in August when he failed to show up for a scheduled court date.".He also had a previous lifetime firearms ban after being convicted for a 2017 armed robbery and spent much of his nearly three-year sentence in maximum security or segregation for allegedly stabbing another inmate..While out on bail for charges that included assaulting a police officer and illegally possessing a handgun, Randall McKenzie allegedly killed OPP Const. Greg Pierzchala..“Randall McKenzie is one of two people facing a charge of first-degree murder in the death of Const. Grzegorz Pierzchala. The Canadian public, victims of crime and several police agencies have great concerns and demand new bail reforms,” Kaulius said..Six police officers were killed in the line of duty in the recent months..On January 13, premiers across Canada issued a call to action strongly urging the federal government to take immediate action to strengthen Canada’s bail system. This was the second unified call to action from the provinces and territories, petitioning the federal government following the October 2022 meeting of justice and public safety..Kaulius said the call for bail reform is supported by the Ontario Association of Chiefs of Police (OACP), the Canadian Police Association, the Police Association of Ontario, the OPP Association and the Toronto Police Association..“In addition, you have millions of Canadians who are asking for bail reforms and demanding tougher sentencing laws in Canada,” Kaulius said..“We believe the rights of the accused are being prioritized over the rights of victims and public safety. Most Canadians are feeling enough is enough! We cannot allow the deaths of six police officers and other innocent people to go unchallenged.”.Kaulius said victims have legitimate concerns about the potential for some accused, to commit further offences while on bail..Kaulius said Families For Justice continues to advocate for victims of crime, public safety and legislative reforms in the delivery of justice for all Canadians, including the bail process involving violent repeat offenders and violent firearms crimes..Recently a woman in Vancouver who was charged with manslaughter, drugging and stealing from men using an escort service, has now been released on bail again. Jessica Nicole Kane was charged with manslaughter, seven counts of administering a stupefying or overpowering drug or substance, six counts of theft over $5,000, four counts of fraud and two counts of extortion..In February 2021, a man died after being given a substance during an encounter. She appeared in court on February 13 and was released on bail with conditions for a second time after allegedly drugging and robbing another person in Vancouver..“This is proof that Canada's bail system needs to be toughened up to keep repeat violent offenders and prolific offenders off our streets,” Kaulius said..“In Canada, we seem to have a catch-and-release bail policy and a revolving door at the courthouses. The accused who have been arrested even if they have a long rap sheet of previous offences for violent crimes are being released on bail. Canadians believe accused offenders should stay in jail until their trial is complete, and they can be assured if convicted, they should stay behind bars until such time as it can be assured that they are no longer a danger to the public.”.Kaulius said ensuring the security and safety of victims and witnesses is an essential part of the decision-making process in release procedures. She noted it is important that victims be able to provide information about how the release of an accused person could affect their safety and security..“This information needs to be considered by police, prosecutors, and courts in the lead-up to making bail release decisions. Currently, this is not the case,” Kaulius said..Kaulius noted many victims carry an emotional burden and fear, with them for many years after a crime. They hope they will find some justice when the person responsible is found guilty of the crime committed. The months and perhaps years of carrying that burden to court date after court date, during cross-examinations, and through adjournments, can take a heavy toll on a person dealing with postponement court dates..“If a stay of proceedings is ultimately entered, this can be devastating for victims. There is no resolution and no sense of justice being served. When there is little to no sentence or accountability given to the perpetrator by the courts, and victims are sadly re-traumatized all over again, and justice has not been served,” Kaulius said..Kaulius said she believes Canada needs to overhaul how it handles bail reforms and sentencing laws need to be tougher in Canada..“We have a Criminal Justice System that's not working, and it hasn’t been working for years. Most Canadians when asked to consider our Criminal Justice System refer to Canada’s Criminal Justice System as a joke,” Kaulius said..“Based on the lack of appropriate sentences handed down for serious crimes based on court precedence. This includes impaired driving cases, stalking, domestic violence cases and homicide cases.”.Bill C-75.Bill C-75 — a federal bill passed in 2019 that was designed in part to “modernize and streamline” bail procedures — is inadvertently causing more repeat offenders to end up on the streets..In Bill C-75 we see “easy catch-and-release bail policies are found in this bill which makes it much easier to get bail.”.Canada’s criminal justice system is a shared responsibility of the provinces and the federal government..“One of the things we would like to see is a legislative bill reform that gives more weight to those we deem as chronic offenders, those that have demonstrated a repeat pattern of violent behaviour, and behaviours with firearms and the actions caused by involvement due to being impaired by alcohol and drug,” Kaulius said..Under the Criminal Code of Canada, everyone has the right to a bail hearing within 24-hours of arrest, or as soon as possible if a judge isn't available. Canada's Charter of Rights and Freedoms also states police and prosecutors must have a compelling reason or “just cause” to keep someone behind bars; namely that they pose a risk to the public, they are likely to skip a court appearance, or when pre-trial detention is needed for “maintaining confidence in the administration of justice” such as in high-profile cases with strong evidence related to violent, firearms-related offences..A previous criminal history can also play a large role in determining if bail is granted..“It's generally up to authorities to argue the case for withholding bail before trial, unless someone is charged with certain serious crimes like murder, terrorism, or certain firearm offences,” Kaulius said..In those cases, it's then up to the accused to convince the court they can be released on bail, which is known as “reverse onus.” Bill C-75 also amended the Criminal Code to extend this “reverse onus” to repeat offenders charged with committing offences against intimate partners..“The plea-bargaining process most often takes place without the victim even being aware it is happening, let alone being consulted. Currently, there is no legal duty to automatically inform victims when an offender is released on bail,” Kaulius said..Kaulius said that means victims with legitimate concerns for their safety may not be made aware when the accused person is released, nor what conditions may or may not be in place..“Ensuring victims have this information allows them to make informed choices when it comes to safety planning. If victims are not informed when an accused is released, secondary victimization often occurs if the information is learned after the fact, via the news, or on the internet,” Kaulius said..“Victims affected can experience a level of stress similar to that of the actual offence, as can their families. Given ensuring the security and safety of victims and witnesses is an essential part of the decision-making process in bail procedures, it is important that victims be able to provide information about how the release of an accused person could affect their safety and security.”.Kaulius said this information needs to be considered by police, prosecutors, and courts in the lead-up to making bail decisions not just at sentencing..“In my province of BC since 2017, there's been a 118% increase in the amount of time the province takes to review files it receives from police and a 75% increase in the rate of the BC Prosecution Service choosing to not charge suspects based on police cases,” Kaulius said..In Canada, there continues to be documented cases of accused persons committing violent crimes while on bail. In BC, recent stats show 200 people accounted for 11,000 police files in just one year.
