Kinew questions judge’s bail decision for accused trucker

WINNIPEG — Premier Wab Kinew took the uncommon step Tuesday of publicly disagreeing with a bail decision rendered by a Manitoba judge, reminding the provincial judiciary to “reflect on the role that their decisions will have when they are learned of by the public.”

The premier’s comments came during question period at the Manitoba legislature, after Opposition Leader Obby Khan blamed the Kinew government for the release of Navjeet Singh — a Brampton, Ont., trucker accused of causing a highway collision that killed Sara Unger, 35, and her eight-year-old daughter, Alexa, near Altona last November.

Singh, who left the country while wanted on a nationwide warrant, was ultimately arrested on Aug. 21 after he returned to Canada aboard an international flight. He remained in custody until a bail hearing on Aug. 28, when provincial Judge Michael Clark granted his release.

Crown prosecutor Michael Himmelman argued against the decision during the hearing, warning the release “would endanger public confidence in the justice system.”

“I happen to agree with that,” Kinew said Tuesday.

“In this particular instance, I think we have to — with all respect that we have for the justice system — encourage our judges and justices of the peace to reflect on the role that their decisions will have when they are learned of by the public. They have an important role to play in ensuring the impartiality and the fairness of our justice system, but I would remind those sitting on the bench that you have to make your decisions based on the world as it is, not as you would like it to be.”

Progressive Conservative justice critic Wayne Balcaen (Brandon West) said the premier shouldn’t be “chastising” the judge for granting bail to anyone.

“We have to make sure that the judiciary maintains their independence and there’s a complete separation between politics and the judicial system,” said Balcaen, a former Brandon police chief.

After question period, the premier clarified that he was speaking in general terms.

“We need to recognize the public is losing confidence in the administration of justice in our province, in a general sense, and decisions around bail when they get publicized like this are contributing to that,” he said.

“The reality is the community is out there. As soon as this person leaves the courtroom doors, is it safe for that person to be out there? … We’ve seen a lot of situations recently where the answer is no, the community is not safe.”

Kinew noted there may be mitigating factors that haven’t been reported about why the judge granted bail.

Singh, who had no pre-existing criminal record in Manitoba, was released on a $7,500 surety bond signed by his cousin. He is under conditions requiring him to remain at her home in Ontario, abide by a curfew and check in with RCMP in Morden weekly. He has also surrendered his driver’s licence and passport.

Himmelman declined to comment on the premier’s statement Tuesday, citing the ongoing court case.

“I simply refer you to my previous comments before the court,” he said in an email.

A spokesperson for the Manitoba court system also declined to comment on Kinew’s remarks.

Debate surrounding bail is ongoing at every level of government, with politicians routinely seizing opportunities to criticize opposing parties for their perceived inaction.

Speaking generally, Brandon Trask, an associate law professor at the University of Manitoba, cautioned politicians against wading into discussions over ongoing court cases.

“It can be tricky where politicians begin commenting on individual cases that are before the courts because there is a process that is, frankly, potentially still ongoing. Not only with respect to a future trial, but also with respect to the issue of bail,” he said.

“This may not be the end of the story.”

If a Crown prosecutor disagrees with a provincial court judge’s decision to release an accused person, they can seek a bail review through the Court of King’s Bench, Trask said.

He said it is important for the public to have a full understanding of the bail system, which is based on Canadian charter rights, including the presumption of innocence and the right not to be denied reasonable bail without cause.

Bail, at its core, is not intended to be a punitive measure and should only be withheld in cases where the accused person poses a threat to public safety, is at risk of not showing up for court or if their release could shake confidence in the administration of justice, Trask said.

The onus of proving those risk factors typically rests with the Crown, and the judge is responsible for assessing the strength of their argument.

“Essentially, we need to let the judges do their work. Judges have to be left to judge,” Trask said.

Asked whether he intends to request a review of Singh’s release, Himmelman again said he could not comment, but noted, “Generally speaking, the ability to have a bail decision reviewed is quite limited.”

Kinew was previously criticized by legal associations in Manitoba and beyond after he ousted MLA Mark Wasyliw from the NDP caucus last September. Wasyliw, a criminal defence lawyer, was removed because his former law partner represents convicted sex offender Peter Nygard.

The premier apologized to defence lawyers the following month.

“Upon reflection, my desire for transparency to the people of Manitoba should have been outweighed by my deep respect for the independence of the justice system,” he said at the time.

» Winnipeg Free Press, with files from Carol Sanders