Bar association chastises premier, opposition for comments on trucker’s bail

The Manitoba Bar Association says Premier Wab Kinew has undermined judicial independence by criticizing a judge’s decision to release a trucker on bail.

“It’s completely inappropriate,” said association president Stacey Soldier, who called out the premier and Tory Opposition Leader Obby Khan for speaking about the case. “It affects the rule of law in a way that it really shouldn’t. We’re committed to independence of the judiciary and the principle that justice has to be free from political interference.”

Kinew said Tuesday the judiciary should “reflect on the role that their decisions will have when they are learned of by the public.”

Kinew was responding to a question from Khan, who blamed the NDP 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.

The premier later said he was speaking generally when he made his comments. He said the public was losing confidence in the administration of justice, but acknowledged there may be mitigating factors that haven’t been reported about the reasons for the judge’s decision.

“They need to respect the role of the courts.”

Soldier cautioned against “politicizing individual court decisions” and urged all elected officials to refrain from commenting.

“They need to respect the role of the courts,” she said. “The politicians need to remind themselves that they are the ones who have appointed these judges based on their experience, their skill, their reputation.”

Singh left the country after the fatal collision and was not arrested until Aug. 21, when he returned to Canada aboard an international flight. Singh was charged with obstruction of justice in connection with his flight from police, but court records show that charge has since been stayed.

Crown prosecutor Michael Himmelman opposed his release during a bail hearing on Aug. 28; he argued Singh posed a flight risk and his release could shake public faith in the justice system.

Defence lawyer Abhay Gautam countered by saying his client returned to Canada to fight the charges and fully understood he would be arrested upon his arrival.

Judge Michael Clark agreed to release Singh on a $7,500 surety and installed a slate of release conditions, including that Singh surrender his passport and licence and live at his cousin’s Ontario residence.

“The accused is, at this point, presumed innocent and remains so until the matter is dealt with at trial,” Clark said during the hearing. “I do think the public would maintain confidence in the administration of justice if I were to release Mr. Singh on the appropriate conditions.”

The case is set to begin in a Morden courtroom in December.

“The driver now getting bail is an egregious and indelible mark on this government.”

Other Tory politicians weighed in on the decision during Tuesday’s question period. Their comments appeared to overlook the fact Manitoba courts are an independent arm of the judicial system.

“The driver now getting bail is an egregious and indelible mark on this government,” Borderland MLA Josh Guenter said.

“If fleeing the country isn’t enough to be considered a flight risk, where does this NDP minister draw the line?”

Tory justice critic Wayne Balcaen addressed Kinew’s comments Wednesday, saying there must be a clear distinction between politics and the justice system.

Reporters asked him to explain why it was seemingly OK for Guenter to speak about the case, but not the premier.

“We ask questions, and it’s up to the minister of justice or the premier to provide answers to Manitobans as to why their system, their justice system, is not helping Manitobans,” he said.

Justice Minister Matt Wiebe, who is also the attorney general, stressed his government has limited jurisdiction over the courts.

He chided the opposition for their questions, calling them “absolutely ridiculous.”

“Suggesting that the attorney general is letting people out of jail or that it should be my role to sit in a courtroom or make decisions… I mean, this is beyond the pale. This is the kind of thing that politicizes the judicial process in a way that is harmful.”

Wiebe did not provide a direct answer when asked repeatedly whether he agreed with the premier’s comments.

A provincial spokesperson said Kinew was not available for an interview Wednesday.

“The premier should refrain from comment about matters before the courts.”

The Criminal Defence Lawyers Association of Manitoba also called Kinew’s comments inappropriate.

“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,” a statement said.

The association called on all members of the legislature to stop speaking about criminal cases that remain before the court.

Michael Desautels, president of the Manitoba Association of Crown Attorneys declined an interview request, citing the ongoing court case.

A spokesperson for Manitoba Courts also declined to comment for the same reason.

Missing from the overall conversations about bail reform are the number of people who comply with release conditions without issue, Soldier said.

She stressed federal and provincial governments do not collect standardized data to track alleged reoffending by people on bail. The lack of credible statistics makes it difficult to understand the scope of the issue and respond, she said.

Asked whether the politicians who spoke about Singh’s case should apologize, Soldier said she would not tell them what to do.

“My expectation… is that they should know better, so they can make a decision on how they want to approach this. Maybe the focus needs to be on those social issues which bring people before the court in the first place.”

— with files from Carol Sanders and Maggie Macintosh

tyler.searle@freepress.mb.ca