Only politicians can close revolving bail doors: top Alberta judge
Last Updated: Thursday, October 2, 2008 | 6:14 PM MT
CBC News
Judges can only enforce laws made by politicians, said Allan Wachowich, chief justice of the Alberta Court of Queen's Bench. (CBC)One of Alberta's top judges says it's up to politicians to toughen bail guidelines after 30 of 34 suspects arrested in a Calgary gang bust were freed on various conditions.
"If they want to change this and make it more difficult whereby … the door doesn't revolve as quickly or is closed altogether, that's a political decision that has to be made," Chief Justice Allan Wachowich of the Alberta Court of Queen's Bench said in an interview with CBC News on Thursday.
An 11-month long investigation led police to gang members who had moved from Ottawa to distribute drugs in Calgary, police announced Wednesday.
Investigators charged 34 people with more than 250 offences, including attempted murder, and seized more than $200,000 worth of drugs, $40,000 in cash and 12 guns.
Two of the suspects are in custody in Ottawa for a shooting incident in that city while a third is being held in Calgary. A fourth, who was charged with attempted murder and weapons offences in an unrelated case, was sentenced Thursday to seven years in prison.
But the rest those arrested were back on the street — under conditions including curfews and weapons prohibitions — prompting the Calgary Police Service to yet again voice its frustration with a "catch and release" system.
"I don't think the police service is ever comfortable when a person who's committed a serious violent crime or a gun crime receives bail after being charged," said deputy Chief Murray Stooke on Thursday, calling the system a revolving door.
"At the same time, we do our very best to work on then putting on significant conditions on the release."
'It's up to Parliament to change the restrictions'
In the past, Calgary police Chief Rick Hanson has blasted a justice system for "weak-kneed solutions."
"I have the highest regard for your chief of police who I know personally, and I can understand him reacting in that manner because all of a sudden you see 30-some arrests and a great number of them are out on bail," acknowledged Wachowich.
'I understand the frustration. I'm a citizen myself, and all of a sudden you see a great number of people who've been arrested right back on the street, you wonder why.' —Allan Wachowich, chief justice of Alberta Court of Queen's Bench
"But I would dare say that what has happened is that the provincial court judges or the justices of the peace have just followed the law. If the law is to be tougher and is to be enforced, it's up to Parliament to change the restrictions upon an individual being granted bail."
Judges must look at whether someone will skip the country and whether he or she will reoffend during bail hearings, said Wachowich.
"I understand the frustration. I'm a citizen myself, and all of a sudden you see a great number of people who've been arrested right back on the street," he said. "You wonder why, but if you look at the record, quite often there's a very good reason why they're released."
Wachowich declined to say whether he supports tougher rules, but he did express opposition to the "three strikes" law in California, which triggers longer sentences for repeat offenders. Within that legislation, some petty theft convictions have resulted in life sentences.
"If we ever get to that, God help our country," he said. "That is without any kind of discretion, and every case should be looked at by a judge on the individual basis."
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