Legislation that could make it tougher for some criminals to be granted bail has been introduced in the Canadian Senate.
Ontario Senator Bob Runciman has reintroduced Wynn’s Law – named for St. Albert Const. David Wynn who was murdered in 2015. Former Independent MP Brent Rathgeber originally proposed the bill.
St. Albert-Edmonton MP Michael Cooper said he intends to sponsor the legislation once it gets to the House of Commons. Cooper chose this route because his name came up 142nd in the random draw to introduce private members’ bills, meaning it could have been years before he had the opportunity to introduce it himself.
“With it being introduced in the Senate, it can proceed through the Senate immediately and, if everything went right, it could be passed through both the Senate and the House of Commons within two years if not sooner,” Cooper said.
The intention of the Bill S-217 is to “close a loophole” in the Criminal Code and compel Crown prosecutors in bail applications to present evidence about an accused person’s criminal record and any outstanding charges against them.
The man who murdered Wynn and attempted to murder Aux. Const. Derek Bond was out on bail, despite outstanding charges and a lengthy criminal record that included breaches of court conditions. Cooper said there’s no way he should have been out on the streets.
“This was a person who posed a danger to the public, yet information with respect to his criminal history was not brought forward to the attention of the judge,” he said.
Cooper said Runciman “had the same idea” about the importance of this legislation, agreeing to introduce it in the Senate with the aim of getting it passed as soon as possible.
While he has not had discussions with his Liberal counterparts about whether they would support the bill, he said it’s a piece of “common-sense legislation,” and he hopes to get support from all parties in the House. Since it has only been introduced very recently, it’s too soon to speculate on what support it might get from politicians and bureaucrats.
“I know the Department of Justice has stated that they will wait and see the legislation, which was only introduced (Wednesday), but I am certainly hopeful it will receive all-party support,” Cooper said.
In a news release, Runciman emphasized the bill is not intended to take away a judge’s discretion, but rather to ensure judges have all the required information. He echoed Cooper’s opinion that had all the information been presented to the judge, Wynn’s killer would not have been out on bail.
“This bill does not constrain the judge or interfere with judicial discretion in any way,” Runciman said. “It merely ensures the judge or justice of the peace has the relevant facts at a bail hearing.”
