Thank you, Mr. Chair and committee members.
I really appreciate the opportunity to speak about the concerns I have raised, and will continue to raise, over the preventable circumstances related to the murder of Ontario Provincial Police constable, Greg Pierzchala.
One of the individuals responsible for the death of Constable Pierzchala and charged with first-degree murder, Randall McKenzie, is a repeat violent offender who has been convicted of violent weapons-related offences. Despite showing a concerning pattern of non-compliance with previous weapons- and firearms-related prohibitions and other court-imposed conditions, he was released on bail while awaiting trial for additional violent weapons-related charges, including assaulting three victims—one of whom was a peace officer.
McKenzie has a violent past, with criminal convictions for armed robbery using a firearm, assault with a weapon, possession of a weapon and assault. He had been subjected to a five-year weapons prohibition in 2015, a 10-year weapons prohibition in 2016, and another 10-year weapons and lifetime firearm prohibition in 2018. At the time of Constable Pierzchala's death, he was under bail conditions prohibiting him from possessing a weapon and ammunition.
As noted by the Superior Court justice in the bail review decision releasing McKenzie from custody on June 27, 2022, McKenzie had a record of five previous convictions for failing to comply with court orders.
Despite all of this, he was released on bail, even though in the past, he had not complied with the conditions ordered, including discarding a GPS ankle-monitoring device that he was ordered to wear while under the supervision of a surety. This ultimately led to the murder of Constable Pierzchala.
Regrettably, incidents of repeat offenders with a violent history being granted judicial interim release and committing further violent criminal acts thereafter are not rare. In fact, in 2021 and 2022 the OPP charged 587 repeat violent offenders for failing to comply with bail conditions. Of these 587 individuals, 464 were involved in serious violent crimes while out on bail, and a shocking 56 of these crimes involved a firearm.
In many cases, incarceration is the only effective means by which to protect the public from repeat violent offenders. The public's right to be protected from these offenders must be given far greater weight than is currently the case when bail matters are considered.
Consistent with a 2008 resolution from the Canadian Association of Chiefs of Police, many police leaders throughout Canada are currently focused on enhancements to paragraph 515(10)(b) of the Criminal Code, which would result in conveying the will of law-abiding Canadians and compelling courts to consider factors that must be weighed against the release of an accused.
These factors include preventing the commission of a serious offence; the prior commission of a serious offence while on bail; the prior commission of an offence while using a weapon, in particular a firearm; and the extent of the number and frequency of previous convictions of the accused for serious offences, including persistent offending by the accused. These also include the nature and likelihood of any danger to the life or personal safety of any person or to the community that may be presented by the release of a person charged with an offence punishable by imprisonment for a term of 10 years or more.
I strongly believe that our officers, the very ones who protect our families, communities and Canadians alike, deserve to be safeguarded against repeat violent offenders who are charged with violent, weapons-related offences while those offenders are awaiting trial.
In closing, I would like to express my appreciation to the Standing Committee on Justice and Human Rights for this study. Together, with a commitment to actioning meaningful and responsible legislative change, we can and must expeditiously ensure that appropriate weight is given to public safety concerns when considering the interim release of a repeat violent offender, thereby improving the safety and security of Canada and Canadians.
Thank you. Merci. Meegwetch.
I welcome questions, Mr. Chair.