Kinew under fire for comments on the justice system

WINNIPEG — Manitoba Premier Wab Kinew has come under fire a second time over comments related to the justice system.

Two groups — the Manitoba Bar Association and the Criminal Defence Lawyers Association of Manitoba — said Kinew’s recent remarks about bail undermine public confidence in the administration of justice and run counter to the principle of an independent judiciary.

“It is concerning when politicians offer commentary on cases before the courts that have not yet been adjudicated,” bar association president Stacey Soldier said in a news release Wednesday.

“Furthermore, it could ultimately affect the fairness of a trial, which doesn’t just affect an accused person; it also affects victims and loved ones.”

Kinew was speaking in the legislature Tuesday in response to opposition questions about the case of a truck driver accused of causing a fatal collision last year near Altona, who was recently released on bail.

The driver had left the country and was arrested this summer when he returned to Canada.

Kinew told the legislature judges need to keep public perception in mind.

“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,” Kinew said.

“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.”

Politicians should stay out of commenting on active cases, the two groups said.

“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,” the defence lawyers association said in a press release.

Kinew told reporters Tuesday he was speaking in general. He also said he didn’t know anything about the case of the truck driver beyond what has been reported in the media.

Kinew did not talk to reporters Wednesday. Justice Minister Matt Wiebe said Kinew understands the roles of politicians and judges.

“What I heard the premier say is he understands and respects the distinction between the judiciary and the legislative branch of government,” Wiebe said

Last year, Kinew apologized to defence lawyers for comments he made when his NDP caucus expelled backbencher Mark Wasyliw.

Wasyliw, who is a criminal defence lawyer, was removed partly because one of his colleagues represented disgraced fashion mogul Peter Nygard on sex charges.

At the time, Kinew said someone cannot be affiliated with both Nygard and the NDP.

Kinew later apologized personally to Wasyliw’s colleague and told the legislature he should have simply said there were irreconcilable differences with Wasyliw in caucus.

» The Canadian Press