Mr. Speaker, I rise today to speak once again on Bill S-217, known as Wynn's law. It is a simple bill. It is a straightforward bill to close a fatal loophole in the Criminal Code that cost Constable David Wynn his life when he was murdered by someone who was a career criminal and who was out on bail. One of the reasons he was out on bail was that his extensive criminal history had not been brought to the attention of the judge at the bail application hearing. One of the reasons why that information was not presented was that currently under the Criminal Code, leading such evidence of the criminal history of bail applicants is discretionary, even though it is always relevant and material to the question of bail.
It is with considerable disappointment that the Liberal-dominated justice committee voted to recommend that Wynn's law not proceed.
This is a common-sense bill, but as is so often said, common sense is not so common. If ever there was a better illustration of that truism, it is the Liberal opposition to passing this legislation.
Let us be clear about what the Liberals voted against in recommending that the House not proceed with Wynn's law. They voted against changing one word in the Criminal Code. The member for Mount Royal is shaking his head and he should not, because the fact of the matter is that the essence of Wynn's law has always been about changing “may” to “shall” in section 518 of the Criminal Code so that section 518 would read that a prosecutor shall lead evidence of the criminal history of a bail applicant rather than its current wording, which provides that a prosecutor may lead evidence of the criminal history of a bail applicant.
That has always been the essence of the bill. I was prepared to make all amendments necessary so that not only the essence of the bill would be that, but in fact that is all the bill would be. Notwithstanding that, the Liberals had absolutely no interest in accepting that amendment, so the Liberal record on the bill is very simple, it is very clear-cut, and it is in opposition to changing that one word.
I expect the member for Mount Royal, or whatever Liberal gets up to speak, will say it is a little more complicated than that, but I say it is not in the face of that fact. I would expect that the member for Mount Royal, or whatever other Liberal stands up in this place to defend what I would submit was an indefensible decision coming out of the justice committee, will hide behind certain groups that came out in opposition to the bill, while probably selectively ignoring other groups like the Canadian Police Association, which represents some 60,000 front-line police officers.
One can say this group supported Wynn's law and this group opposed Wynn's law, but that is not the issue. That is not what is relevant. What is relevant is the evidence, the evidence at committee on the specific question of changing one word from “may” to “shall”, and in that context, the question of leading criminal history of bail applicants at bail hearings. That is the question.
What was the evidence before the justice committee? The evidence was that witness after witness said that the criminal history of bail applicants is always relevant and material on the question of bail.
Indeed, the president of the Canadian Association of Crown Counsel testified before the committee that it was the bread and butter of what prosecutors do. He said it is the first thing that prosecutors learn to do when they learn how to handle a bail hearing. Not only that, not one witness provided a credible example of when a prosecutor should appropriately withhold evidence of the criminal history of a bail applicant.
In the face of bad evidence, it really does beg the question of how in the world any fair-minded and reasonable person could oppose changing “may” to “shall” in section 518 of the Criminal Code.
There were three main, at least semi-cogent, arguments that were put forward against changing that one word. One argument that was repeated a number of times was that Wynn's law would somehow interfere with prosecutorial discretion, even though not one witness was able to present one credible instance of when it would be appropriate for a prosecutor to exercise discretion in withholding evidence about the criminal history of a bail applicant. Wynn's law would not interfere with prosecutorial discretion because leading evidence about the criminal history of a bail applicant should not be a matter left to discretion.
Another rather bizarre argument that was put forward was the notion that Bill S-217 would somehow increase the evidentiary burden placed upon prosecutors, and that as a result of that increased evidentiary burden it would make it more difficult for prosecutors to keep dangerous criminals behind bars. The only problem with that argument is that Bill S-217, Wynn's law, has absolutely nothing to do with increasing the evidentiary burden. All Wynn's law would require is that prosecutors lead evidence of the criminal history of a bail applicant. The evidentiary standard is provided for in a totally different section of the Criminal Code, paragraph 518(1)(e), which provides that a judge may accept evidence that is credible and trustworthy. Wynn's law would not change that standard.
Then there was the argument of delay. It was asserted that somehow Wynn's law would cause a backlog in the courts and that it would make bail applications longer. It is frankly difficult to accept that argument in the face of the evidence that this is something that is almost always done. In terms of making something that is almost always done, always done, it is pretty difficult to imagine that, in that context, suddenly there is going to be a massive backlog in our courts. Then the question becomes, in the case where perhaps a bail hearing might take a little longer, what sort of bail applicants would see perhaps a few extra minutes to lead evidence?
It certainly would not be in the case of a bail applicant who had no criminal history, because in such a case, there would be no criminal history to lead evidence of. In the case of career criminals, someone like Shawn Rehn, who shot and killed Constable Wynn and shot Auxiliary Constable Derek Bond, with his more than 50 prior criminal convictions, yes, it might take a few minutes to lead evidence about that career criminal's history, and so it should. Extending it by a few minutes is a small price to pay.
In closing, let me say very quickly that Constable Wynn's killer's bail hearing was a very efficient bail hearing, but it had very fatal consequences.