Canada’s justice system can be a maze of legal jargon and policies, and if you don’t know them, navigating it can be confusing.
In order to help readers have a better understanding of some of the terms and methods of the criminal justice system, many of which are used in our court and RCMP reports, the Nouvelle spoke to Bonnyville RCMP Sgt. Kim Hillier, and St. Paul’s chief Crown prosecutor Jordan Kerr about some of their common practices, what certain expressions mean, and their roles in the system.
What information can be released and when
When it comes to the RCMP, names and certain facts can’t always be released right away.
For example, when it comes to domestic assault, officers prefer not to publish the name of the accused, in order to protect the privacy of the victim.
“Legally, we could release the name… but we don’t like to cause undo hardship to victims of domestic violence,” Hillier explained.
In other instances, RCMP may not be able to release a name or details about an ongoing file if it hasn’t been sworn before the courts.
“In order for a charge to go before the justice system, a police officer must swear the charge is applicable. We have to swear a document called an information... once that document is confirmed by a judge, then it becomes public knowledge,” stated Hillier.
Under the Youth Criminal Justice Act, which applies to those under the age of 18, a young offender’s name and other personal information can’t be released to the public by either the police, or in court.
Another circumstance where information may be withheld is in a publication ban.
Kerr explained how publication bans can be pressed by the courts “in a number of different circumstances, and in relation to different types of information.”
He used a sexual assault, and evidence heard during a preliminary inquiry or bail hearing as examples.
“There are, of course, different rationales for the different types of publication bans that exist,” continued Kerr, adding when it comes to sexual assaults, publication bans are put in place in order to protect the privacy of the individuals who reported the assault.
“Publication bans during bail hearings and preliminary inquiries are imposed for a number of reasons, including the need to ensure that the evidence in support of the charge isn’t widely known prior to the matter proceeding to trial so that the potential jury pool isn’t “tainted” by having heard the evidence in the case prior to the trial.”
Who’s in charge of release?
“Sometimes we’re in charge of allowing people to be released from the detachment. There’s a stair-step type process,” noted Hillier.
When it comes to minor infractions and people with no criminal history that meet a certain criteria, RCMP will release them on a promise to appear in court.
Essentially what that means, Hillier said, is they sign a form stating they will attend court on a certain day.
“If we find the offender does have some criminal history, including failing to appear in court convictions, then we will move up to an officer in charge recognizance, which allows us to impose even further conditions,” she added.
That could include a no-cash bail, which they will have to pay to the Crown if they fail to show up for court.
“If the offender has a long criminal history, multiple failing to appear in court convictions, doesn’t live in the area, there’s a reasonable doubt they will appear in court, or we want to impose conditions the police aren’t allowed to impose such as cash bail, then we will do a judicial interim release hearing,” said Hillier. “The offender stays here, in Bonnyville. We send in a package with all of the information pertaining to the investigation to the Edmonton Hearing Office, where a Justice of the Peace will hear from a defence lawyer and a Crown lawyer who all have the same information about what happened.”
Based on the facts and the information submitted by both councils, a Justice of the Peace determines if someone is released from custody.
“Once it gets to that stage, the RCMP have no ability to change that decision,” Hillier stressed.
Officers will give recommendations on whether or not a prisoner should be released and why. They can also provide suggestions on what conditions they should be placed on if they are released, however, Hillier noted, the decision is ultimately up to the courts.
“Sometimes we would like to see them remanded into custody and it just doesn’t happen that way. We don’t have a whole lot of input into what the release will be once it goes before a Justice of the Peace.”
The investigation
When it comes to the investigation, there are a number of things police officers have to keep in mind.
“As far as forensic identification of evidence, there are a lot of factors that play into that. Weather, if the evidence has been outside, the surface they’re trying to pull fingerprints off of or get DNA from, there are a lot of factors that go into that,” detailed Hillier. “There are also the factors, unfortunately, of time and effort versus what we’re investigating.”
She continued, “If we’re taking DNA for a mischief where there’s been no loss or damage, then that’s a misuse of funds really, to try to get that pushed through the laboratory system to never convict anyone of that... We try to use it when it’s most appropriate, and when it’s available.”
But there’s more to an investigation than swabbing for DNA and dusting for prints.
Hillier said they gather information through what’s available at the scene, statements from witnesses and suspects, and any video footage or photographs that may have been captured.
“There are lots of different branches to an investigation. It’s like building blocks. We start with the statements, what we see on scene, and we build from there,” she expressed, adding it’s far from what’s seen on TV.
“What we try to do, is put forward the best possible investigation that we can. We need to satisfy all of the elements of the offence that the offender is being charged with. We need to provide a good package with solid evidence,” Hillier said.
-This is part one of a two-part series. See next week’s edition for more. Part two will dive deeper into the court system.
