Standing Committee on Justice and Human Rights JUST Ï NUMBER 051 Ï 1st SESSION Ï 42nd PARLIAMENT EVIDENCE Tuesday, April 4, 2017 Chair Mr. Anthony Housefather 1 Standing Committee on Justice and Human Rights Tuesday, April 4, 2017 three o'clock because Dave was making afternoon tea. I even miss the moments of him complaining about how I made the bed in the Ï (1600) morning. All those little moments add up during the day, and we are [English] reminded every single moment that he is not there. The Chair (Mr. Anthony Housefather (Mount Royal, Lib.)): Ladies and gentlemen, welcome to this meeting of the Standing Our lives have changed in a way you would never understand Committee on Justice and Human Rights. We are resuming our study unless you have walked the path. I am so grateful for the people I of Bill S-217, an act to amend the Criminal Code (detention in have in my life who have had to walk this path as well. We call it a custody). bittersweet relationship because we're thankful for each other—but we wish we had never met. It's a life that we wish no one should Today we have three witnesses before us. We will hear them as a have to live. panel before we ask questions. We have Ms. Shelly MacInnis-Wynn, as an individual; the Alberta Federation of Police Associations, There is not enough time today to explain or tell you the struggles represented by Mr. Michael Elliott, president; and the Canadian that we have to go through every single day of our lives and will Council of Criminal Defence Lawyers, represented by Mr. William continue to go through every single day. However, I'm going to share Trudell, the chair. just one moment with you, one that happened a few weeks ago. This is a pretty significant moment. Ms. MacInnis-Wynn, on behalf of all members of the committee, all parties, and on a non-partisan basis, we want to express our When Dave was shot, he was taken to the Royal Alexandra deepest condolences to you for loss of your husband. I'm sure you've Hospital in Edmonton. I had to go back there after this had heard it over and over again, but just know that we say this with happened, and I thought that first meeting would be the worst and meaning as all members of Parliament from all parties. that I'd get it out of my system, and that would be it. Just recently, I had to go there for work. When driving there, I was very anxious but We look forward to hearing your testimony today. Please, the floor was able to get through the day. is yours. Just before I left, I caught a glimpse of the emergency entrance, Ms. Shelly MacInnis-Wynn (As an Individual): It's been two and then I saw an ambulance. In those few seconds, I was taken back years of what I'd like to call my journey of picking up the broken immediately to the night that Dave was shot and reminded of pieces. I call it this because that is exactly what has been left for me everything that we had to go through in those four days that and my family to do, that is, to pick ourselves back up and try to put followed. In those few seconds, I could feel everything, the chest our lives back together, not only as a family but as individuals. pain, the anxiety, the feeling of not being able to breathe, and the On January 17, 2015, our lives were torn apart in just four uncontrollable tears that were rolling down my face. It was like it seconds, torn apart and left forever broken because of a career was happening all over again. criminal, Shawn Rehn, who had been let back out onto the streets Ï (1605) after a bail hearing, a bail hearing that didn't disclose his lengthy criminal record. These four seconds could have been prevented, and These are the things we are reminded of daily, and trust me, it my husband would still be here today. Every day for the past two happens every single day—not to this degree, but it happens every years, I have woken up and realized that Dave is really gone. I start single day. We are constantly reminded of what has happened and each day crying in the shower. Every day I have to pull myself that Dave is not with us anymore. This is so draining, not only together and try to continue living and play the role of both parents emotionally, but physically. This affects not only me, but also my —and that's not easy. Every day I have to watch my children grow children. It affects Dave's mother and it affects his sisters. By and try to continue their lives without their father. changing this one simple word, another family can be saved from going through this heartache and torture that we have to go through Every day we are reminded so many times that he is no longer every single day. This is something that absolutely no one should here, and it breaks our hearts that we can't have those simple have to endure. moments back that we had every single day with him. There were the moments of hearing the cereal bowl hitting the table in the I ask you to, please, do the right thing. Make this change and morning and his asking who ate the last of his Froot Loops and the make our streets a safer place to be, not only for our law simple moments of hearing the teapot rattle and knowing that it was enforcement, but for everyone. 2 JUST-51 April 4, 2017 This can affect the safety of every single person in our country, provided in three levels to a justice of the peace to determine if the including you and your loved ones. accused is granted bail or remanded. Thank you. The first level in the bail package is what we refer to as the The Chair: Thank you very much, Ms. Wynn, for the very “primary grounds”. I provide information to ensure that the accused compelling testimony. Again, from everybody's perspective from will or will not appear in court to face his or her charges. The criteria across Canada, our hearts break for what you and anyone else in include the nature of the offence, the strength of the evidence, the those circumstances have gone through. accused's criminal record, previous court orders against the accused, Mr. Elliott, the floor is yours. and his or her behaviour when arrested. Mr. Michael Elliott (President, Alberta Federation of Police Associations): Thank you. The second level of the bail package is what we call “secondary grounds”. This is for the protection and safety of the public. The Good afternoon. My name is Michael Elliott. I have been a police criteria include the accused's criminal record and compliance with officer for 12 years. I'm currently the president of the Alberta previous court orders, whether the accused is already on bail or Federation of Police Associations. We represent approximately probation, the nature of the offence, and the stability of the accused. 4,500 municipal police officers across the province of Alberta. I wish to thank the committee for the opportunity to speak in The third level of the bail package is what we refer to as “tertiary regard to BillS-217, an act to amend the Criminal Code (detention in grounds”. This information is to maintain confidence in the custody). administration of justice. The criteria include the strength of the case against the accused; the severity of the offence, such as whether Before I begin, I would like to provide a brief synopsis of the a firearm was used; the criminal record of the accused; and finally, terrible event that has brought the attention to bail hearings. the potential sentencing of the accused if convicted. On January 17, 2015, RCMP officer Constable David Wynn was serving his community and his country. Constable Wynn encoun- The judicial system relies on all the evidence and information to tered a stolen vehicle parked at a casino in St. Albert, Alberta. make an educated and well-informed decision. When matters are Constable Wynn identified a suspect, Shawn Rehn. Upon making before the court, disclosure and evidence are paramount to a fair and contact, the suspect proceeded to shoot Constable Derek Bond in the equitable outcome. The problem is that not all of the information is arm, and then shot Constable David Wynn in his face. Constable provided at bail hearings, as the Criminal Code states that David Wynn succumbed to his injuries a few days later in hospital. information “may” be presented. Who was Shawn Rehn? Shawn Rehn was a career criminal with at After Constable Wynn's death, a review of the bail system in least 100 offences over a period of two decades. Between 2010 and Alberta was conducted. The following is an excerpt from the study: 2015, Shawn Rehn was sentenced to a total of 10 years in jail. His charges included a variety of offences, such as break and enter, theft, The bail system can also suffer from a perception that bail hearings are less dangerous operation of a motor vehicle, possession of property weighty and perhaps less consequential than other steps in the judicial process. under $5,000, house break-in and the commission of theft, The rules of evidence are more relaxed, the burden of proof is less onerous, and obstructing a police officer, failing to attend court, assault with a bail hearings do not generally involve the testimony of witnesses and experts.