Crown prosecutors should take over bail-hearing roles: Edmonton police

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Edmonton Police have asked that Alberta's Crown prosecutors, rather than police officers, be responsible for summarizing evidence and disclosing criminal histories at bail hearings. The force revealed on Friday that the request was first made nine years ago, but is being reiterated after the recent killing of an RCMP officer.

Since the slaying on Jan. 17 of RCMP Constable David Wynn, the Edmonton force has reviewed its role in the release on bail of career criminal Shawn Rehn, the man responsible for the shooting. Mr. Rehn was granted bail after a brief hearing at which the Edmonton constable acting as prosecutor did not mention the man's long criminal past.

"Police officers are best suited to police work, and we believe that the hearings that we are currently conducting on behalf of the Crown is work best suited for the Crown," Acting Deputy Chief Deb Jolly told The Globe and Mail. "While we've been doing this seemingly forever, that's not a good reason to continue doing it."

RCMP Commissioner Bob Paulson said after the shooting that, in light of Mr. Rehn's criminal record, he should not have been free. Defence lawyers who reviewed Mr. Rehn's bail history at the request of The Globe said they were surprised the court did not demand more intrusive supervision.

Edmonton officers have done bail hearings for decades. The police service says it conducted 15,144 bail hearings, an average of 41 per day, in 2014.

In 2006, inspectors told then Edmonton Police chief Mike Boyd the force "should continue to take the position that the Crown needs to accept greater responsibility for the bail hearing process," according to a document from Edmonton Police. A provincial review at the time found no need to change the system.

Ms. Jolly was in charge of the force's arrest-processing unit for three years. During that time, she said, she got no indication that the Crown was unsatisfied with the work of police constables.

While officers are "comfortable and competent in the bail process," Ms. Jolly said that, although officers are trained, they don't have the same background in statutory and case law as a defence lawyer.

Alberta Justice Minister Jonathan Denis has ordered a review of the Alberta Crown Prosecution Service's involvement with Mr. Rehn, and of the provincial bail process.

"We are all eager to know if aspects of this case could have been handled differently and if there are any changes that could prevent this tragedy from happening again," spokeswoman Jessica Jacobs-Mino wrote in a statement for Alberta Justice.