2 accused in shooting death of OPP Const. Grzegorz Pierzchala await bail hearing | 24CA News

A lawyer for one of many two individuals charged with first-degree homicide within the taking pictures dying of Ontario Provincial Police (OPP) Const. Grzegorz Pierzchala says it is “too early” to make the choice over whether or not they need to be granted bail. 

The accused — Randall McKenzie, 25, and Brandi Stewart-Speary, 30 — made an internet look Tuesday afternoon earlier than Ontario Court of Justice Bruce Phillips in Cayuga, Ont. 

Pierzchala was shot and killed on Dec. 27 close to Hagersville in Haldimand County, some 45 kilometres southwest of Hamilton, close to Mississaugas of the Credit First Nation and Six Nations of the Grand River.

It’s unclear when the bail listening to for McKenzie and Stewart-Speary will happen, however on Tuesday their subsequent courtroom look was set for Feb. 21 in Cayuga.

Kim Edward, who’s representing Stewart-Speary, stated all bail hearings for homicides can solely be granted by a Superior Court of Justice and the present case remains to be within the very early phases.

“It is too early to make that decision without assessing fuller disclosure,” she advised CBC Hamilton.

The two appeared in courtroom by way of zoom from their respective detention centres. McKenzie was sporting an orange jumpsuit and Stewart-Speary was sporting a inexperienced shirt. Both had been requested to say their identify for the document.

OPP beforehand stated on the day Pierzchala died, he was alone when he responded to a black truck in a ditch round 2:30 p.m. and that he was “only on scene for a very short period of time” earlier than he received shot.

“The officer was essentially ambushed and stood absolutely no chance of being able to defend himself,” OPP Commissioner Thomas Carrique beforehand stated, including the 28-year-old officer died on the identical day he handed his 10-month probation.

Pierzchala was remembered earlier this month at a funeral attended by hundreds in his hometown of Barrie, Ont.

While it is unclear who shot the officer, the choice on whether or not McKenzie and Stewart-Speary might be launched on bail has further significance as a result of McKenzie was out on bail when Pierzchala was killed.

Carrique beforehand stated McKenzie was charged with possessing firearms and assaulting a peace officer in December 2021, however was launched on bail with quite a few circumstances together with that he was to remain at residence and never possess any firearms.

McKenzie did not go to courtroom for these expenses in September 2022, which prompted police to place a warrant out for his arrest. The warrant was nonetheless energetic on the time of the taking pictures.

Premiers name for modifications to bail system

Pierzchala’s dying has prompted requires change to the felony justice system.

Last week, 13 premiers despatched a letter to Prime Minister Justin Trudeau, urging him to contemplate modifications to Canada’s bail system.

The Jan. 13 letter states they need bail to be tougher to get for individuals accused of expenses involving the possession of a loaded firearm that is prohibited or restricted. They additionally desire a evaluate of different gun expenses.

“The public safety of Canadians and our heroic first responders cannot wait. The time for action is now,” the premiers stated within the letter.

The premiers particularly name for the creation of a “reverse onus” for these charged beneath Section 95 of the Criminal Code, which incorporates offences for being in possession of a loaded prohibited or restricted firearm.

This means individuals charged with these offences must present why their detention earlier than a trial is not justified. In most circumstances, the prosecutors should present why detention is justified.

Canadians have a proper beneath the Charter “not to be denied reasonable bail without just cause.”

That stated, some specialists argue the push for extra strict bail reform shifts power away from a spotlight on structural points.

“Those problems are complex and deep and have very little to do with that moment at the beginning of the period of what could be somebody’s incarceration while they wait for a trial or in order to enter a guilty plea,” Métis lawyer Patricia Barkaskas, an assistant professor with the University of Victoria’s college of regulation, advised 24CA News in December.