Kinew, Khan and Balcaen remarks crossed the line

Opinion

The 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 has been granted bail by the Manitoba provincial court, and that has angered both Premier Wab Kinew and members of the Progressive Conservative opposition.

Navjeet Singh, who had no previous criminal record in Manitoba, was released on a $7,500 surety bond signed by his cousin. He is under conditions that require 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. His case is set to continue in a Morden courtroom in December.

In rendering his decision on Aug. 28, Judge Michael Clark said that “The accused is, at this point, presumed innocent and remains so until the matter is dealt with at trial … I do think the public would maintain confidence in the administration of justice if I were to release Mr. Singh on the appropriate conditions.”

It appears that the Crown has not appealed Clark’s order, and that Singh has complied with his bail conditions so far. Despite that apparent reality, Singh’s release was the subject of heated debate during question period in the Manitoba Legislative Assembly on Tuesday.

Opposition Leader Obby Khan demanded that Kinew explain why the person accused of killing the Ungers has been released on bail. He asked, “Why is the premier doing nothing — absolutely nothing — to keep repeat violent offenders in jail?”

A few minutes later, Brandon West Progressive Conservative MLA Wayne Balcaen said that “Incidents like this completely undermine the public’s faith in our justice system. This driver was released on a $7,500 surety after fleeing the country.” He asked, “Is that really how low this NDP justice system values the lives of Manitobans?”

In response to Khan’s question, Kinew said that “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.”

He added that “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.”

He later told the media that “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 … 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’s comments may be welcomed by those who are demanding changes to federal laws in order to make it harder for persons accused of crimes to be granted bail, but his remarks have been sharply condemned by others.

The Manitoba Bar Association issued a release yesterday, saying that “The independence of the judiciary is a cornerstone of a healthy democracy. When elected officials weigh in on matters before the courts, particularly in a critical or adversarial manner, it poses a serious threat to their independence.”

It added that “Premier Kinew’s remarks undermine public confidence in the administration of justice and run counter to the constitutional principles that separate the judicial and legislative branches of government.”

The Criminal Defence Lawyers Association of Manitoba issued a similar statement yesterday, saying that “The premier should refrain from comment about matters before the courts and consider that his comments do more to hurt the public’s confidence in the administration of justice than this decision ever could.”

We agree with the comments of the Manitoba Bar Association and the Criminal Defence Lawyers Association of Manitoba. Kinew’s comments regarding a specific case currently before the court could undermine Manitobans’ confidence in the judicial process, and could also impair the fairness of Singh’s trial.

In the tense atmosphere of question period, the premier appears to have forgotten that Manitoba courts are an independent arm of our democracy and must be immune to political influence.

For those same reasons, we also disagree with the comments of Khan and Balcaen, who, in their haste to score political points, have crossed the same line as Kinew.

Judicial and prosecutorial independence, the presumption of innocence and the universal right to a fair trial represent core, foundational principles of Canada’s criminal justice system. Elected officials such as Kinew, Khan and Balcaen share a duty to preserve and protect that system, not undermine it.

The comments made by them on Tuesday have the potential to do just that. For that reason, we encourage each of them to withdraw their respective comments, and to refrain from making similar remarks in the future.