A judge who granted bail to a man later accused of killing an Ontario Provincial Police officer noted his Indigenous background and the overrepresentation of…
In the audio of the bail hearing last June, obtained by The Canadian Press through the courts, Justice Harrison Arrell said he understood concerns about Randall McKenzie’s violent criminal record at the time but was obligated to give careful consideration to his Indigenous background.From our newsroom to your inbox at noon, the latest headlines, stories, opinion and photos from the Toronto Sun.
He was first denied release in late December 2021 as he awaited trial in a case where he was accused of assault and a number of weapons charges in an incident involving his son’s mother and her boyfriend. The defence, meanwhile, argued that rather than his girlfriend acting as surety, as proposed in the first December bail hearing, his mother would step in this time and offer constant supervision along with the GPS monitor.
McKenzie is from the Onondaga First Nations of the Six Nations of the Grand River Territory, a 2021 parole document says. At that time, he was serving a nearly three-year sentence, the document shows, after he robbed a restaurant at gunpoint and then stole the owner’s vehicle in 2017 before turning himself in a month later.
But experts have said there is no evidence to suggest a “tough on crime” approach to bail increases public safety. Ontario’s bail system is characterized by conditions and surety releases that eroded the presumption of innocence and the right to bail, according to a 2022 study published by the Cambridge University Press reviewing hundreds of decisions. However, the authors noted there had been some shifts since the Supreme Court of Canada reaffirmed bail principles in a 2017 decision.
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