The phrase “innocent until proven guilty” is a keystone of our legal system.
In many ways, that one, very simple, concept is what separates our justice system from that of a totalitarian state.
When it comes to granting someone bail, it remains important to consider that someone under arrest has not been proven guilty. That, along with the risk of their committing more crimes or fleeing the jurisdiction, are major considerations for a judge determining bail. There are other factors not built into the legal system that are rarely considered. In the case of a murder, the effect on the family of the alleged victim, as well as the community, needs to be considered before setting someone free to await trial.
In 2011 Lynn Kalmring was murdered by her common-law partner Keith Wiens at their Penticton home. In 2013 he was convicted of second-degree murder and sentenced to life in prison with no chance of parole for 13 years. It was the two years in between that Kalmring’s family lived and worked in Penticton that they felt like “prisoners” in their own community because he was given bail on $50,000 surety along with a list of conditions to abide by.
Kalmring’s family called for change to Canadian laws. They were flooded with stories from families across the country in the same situation. Some of the changes they ask to be taken into consideration for those charged with violent offences include psychological testing to ensure there are no mental health issues that would indicate reasonable risk to the public and if a violent crime results in death the accused should not be eligible for bail until the conclusion of a preliminary hearing. Besides other suggestions they also want to see tracking technology on the accused to ensure compliance of bail conditions and that family directly impacted by the alleged offence have a voice at the bail hearing so the judge can hear their concerns.
It is a slippery slope given those charged with offences are innocent until proven guilty, but in the case of such a serious crime as murder, shouldn’t there be some leeway on how to measure bail?
