From reading today's newspaper I see that Keegan Troy Spearchief was granted judicial interim release on August 24th, 2009.
http://www.globaltvbc.com/world/High+risk+Calgary+offender+granted+bail/1924607/story.html
Since this case will likely instigate some kind of public outcry, such as the vicious attack on our system of justice by blogger's such as this:
http://www.calgarysun.com/news/alberta/2009/08/12/10435311-sun.html
I want to take a few moments to discuss bail.
In Canada, our Constitutional protections mandate a presumption in favour of judicial interim release. The underpinnings of this principle flow from the basic legal tenet that all persons are presumed innocent until proven guilty. This means that every person who is "charged" with an offence is presumed to be innocent of that charge. As citizens become overly excited or offended about accused people being released from custody, they should remember that those people are innocent in the eyes of the law at the time of their bail hearing. This includes Mr. Spearchief.
Now, just for a moment, imagine the accused is truly innocent. Imagine, the person did not commit the crimes alleged. Now imagine that innocent person having to spend days, months or even years in jail awaiting his or her opportunity to demonstrate that innocence. Now imagine that person is you.
Believe it or not, truly innocent people spend time in jail on charges they did not commit. Obvious examples include David Milgaard, Thomas Sophonow, Herald Druken et al. Those are just some high profile examples. Those charged with less serious offences that do not attract the public eye are scattered across this country. And yes, people with lengthy criminal records can even be truly innocent.
People are often convicted in the news media long before their case ever goes to trial. Mr. Spearchief's High Risk Offender designation increases his likelihood of conviction in the court of public opinion. Though there is not been reported a single piece of real evidence proving Ryan Jensen actually murdered and mutilated Jasmine Fiore, he has been labelled "killer" and "murderer" in numerous newscasts. In the eyes of many citizens sitting on the court of public opinion, both Mr. Spearchief and Mr. Jensen would have been convicted, sentenced and jailed (or worse) before a modicum of evidence was ever proven in a court of justice? Alas, I digress...
Returning to the case of Spearchief, I glean from news reports that he has been charged with a relatively minor index offence (trespassing) and at least one relatively minor and technical breach. I also understand that he was taken into custody on July 27th, 2009 - meaning that he has spent just short of two months behind bars on all things considered minor allegations. Now, aside from the fact that he is innocent until proven guilty, we also need to question whether spending time in jail, awaiting trial, would result in him being over-sentenced even if he was convicted of all of these relatively minor infractions. Remember, pre-trial detention is not punishment.
More importantly, however, we also need to consider whether Mr. Spearchief actually breached the terms of his initial bail. As I understand, he was released by police on the trespass allegations, only to be gated on allegations that he breached bail by not looking for work. I understand that his defence lawyer presented evidence at the bail hearing that he was looking for work. Meaning, he did not breach!
With this in mind, the Provincial Court Judge may not have had a real basis to revoke Mr. Spearchief's original bail which was granted by a justice of the peace. To this end, a bail judge must follow the rules set out in s. 524 of the Criminal Code. This includes a rule that the judge must have "reasonable grounds" to believe a condition of the original bail order was breached in order to justify revoking the orginal bail order.
In any event, considering the nature of the allegations, the extent of the punishment available if convicted and the fact that he may not have breached in the manner alleged, it is appears legally impermissible to quarrel with the bail judge's decision in this case.
As law abiding citizens, it is easy to play armchair judge. It is easy to say, convict'em all, detain'em all, punish them all; but to be a true crusader for the principles engrafted in our justice system takes real courage.
Does anybody really think judge's who release accused persons do so easily? Judges live in this community too! They are law abiding, principled folks. A great many judges grant bail, acquit and sentence on the basis of the courageous application of the rule of law. Instead of being labelled Judas in the court of public opinion, they should be rewarded for their staunch adherence to the principles that shield all Canadians from the horrific prospects of wrongful conviction and persecution by the State.
David G. Chow
Calgary Criminal Lawyer
www.calgarydefence.com
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