Manitoba's Attorney General and Manitoba Justice Minister Kelvin Goertzen says he is hopeful that the appointment of a new federal Justice Minister will not slow down the process of bail reform. On Wednesday, Toronto Member of Parliament Arif Virani was appointed Minister of Justice and Attorney General of Canada.
Bail reform became a hot topic again in Steinbach last week after SteinbachOnline.com broke the story that one of Manitoba's most wanted criminals had recently been arrested, only to be released on a promise to appear in court.
Twenty-eight-year-old Tyler Sawatzky had been on Manitoba RCMP's Most Wanted List. Police thought he could be living in Steinbach and warned the public that he is known to carry a weapon and therefore could be armed and dangerous. On Friday of last week, Steinbach RCMP received a tip on a possible location for Sawatzky and eventually located him hiding in a closet in the southeastern Manitoba community.
Sawatzky was arrested for assault, uttering threats, and mischief from his outstanding Manitoba-wide warrant. He was released on a release order and is scheduled to appear in Steinbach court on August 17th.
This resulted in many people questioning how a wanted criminal in Manitoba could be released so easily.
Kelvin Goertzen says because he is Attorney General, he cannot comment specifically on cases or it might jeopardize the matter. However, he notes Manitoba is leading the charge when it comes to provinces calling for bail reform.
"All premiers agreed that there should be bail reform," says Goertzen. "They brought it to Ottawa, we did have some success, the federal government agreed to make bail harder, they introduced legislation in Parliament but they introduced it late and never called it for debate and so it's sitting there essentially."
Goertzen explains that the way it works is that most often in cases where there is violence or there is a concern that the individual will not appear on their court date, the crown prosecutors will request that bail be denied. However, he notes because of court decisions and because of the way the Criminal Code is currently written, there is a presumption that individuals have the least restraint put upon them.
According to Goertzen, prosecutors in Manitoba say that it is very difficult, if not often impossible, to get somebody held on bail.
"So on the Manitoba side, we're doing our best to get the federal government to change the bail laws," says Goertzen. "We're arguing in court that individuals who are both a threat and are not likely to show up to their court appearance should be denied bail."
However, Goertzen says this will require changes to the Criminal Code, which he says is the responsibility of the federal government.
"So this government or the next federal government needs to make this a priority," adds Goertzen.
He notes because this has not been a priority for the federal government, it has been a slow process. His hope is that the appointment of a new federal Justice Minister will not slow the process even further.
"Because I think like residents, every Attorney General in Canada is frustrated by the way bail is today," adds Goertzen.
Meanwhile, Goertzen stresses that when a criminal is released on bail, it is not the police that Manitobans should be upset with. He notes the role of a police officer is to lay a charge. It is then up to the courts to determine the punishment. Goertzen explains that when it is a criminal charge, the court is guided by the Criminal Code, which is federal legislation. He notes bail is also federal legislation.
"This is not something that individuals should be critical of our police with," he urges. "I've always said we need to support our police and not second guess everything they do."
He notes if people want to see changes to things like punishment or bail, they need to advocate for changes to the Criminal Code and to bail.