ManitobaTwo associations representing members of Manitoba’s legal community are pushing back against comments made by Premier Wab Kinew following a judge’s decision to grant bail to a driver accused in a fatal crash, which Kinew suggested may erode confidence in the justice system.Pushback comes after Kinew made comments on Manitoba judge granting bail to semi driver accused in fatal crashOn Tuesday, Manitoba Premier Wab Kinew, seen here in a file photo, said he agreed with a Crown prosecutor who argued releasing a semi driver accused in a fatal crash on bail would endanger public confidence in the justice system. (Bryce Hoye/CBC)Two associations representing members of Manitoba’s legal community are pushing back against comments made by Premier Wab Kinew following a judge’s decision to grant bail to a driver accused in a fatal crash, which Kinew suggested may erode confidence in the justice system.“When political actors, especially politicians who are in leadership positions, make these kinds of comments, it’s those that undermine the … [administration of] justice, not decisions made by judges,” Manitoba Bar Association president Stacey Soldier said in a Wednesday interview. The premier’s comments came during question period at the Manitoba Legislature on Tuesday, when Kinew was asked by the Opposition Progressive Conservatives about the release of Navjeet Singh on bail. The 26-year-old Ontario semi driver was charged with dangerous operation of a motor vehicle causing death following a Nov. 15, 2024, crash that killed Sara Unger, 35, and her eight-year-old daughter, Alexa, near the town of Altona, about 90 kilometres southwest of Winnipeg.Singh was released on bail with conditions after a hearing on Aug. 28, where provincial court Judge Michael Clark said that while the crash was “horrific,” courts aren’t supposed to deny reasonable bail without just cause.Kinew said he agreed with Crown prosecutor Michael Himmelman, who argued releasing Singh on bail would endanger public confidence in the justice system.“We have to, with all respect that we have for the justice system, encourage our judges and justices of the peace to reflect on the role that their decisions will have when they are learned by the public,” the premier said. Outside the chamber, Kinew said the division between the legislative and judicial branches of government should never be breached, but also reiterated concerns about bail in general.There could be scenarios where a judge might see mitigating factors or a plan in place if bail is granted, “but the reality is the community is out there. As soon as this person leaves the courtroom doors, is it safe for that person to be out there?” said Kinew.“We need to recognize [that] the public is losing confidence in the administration of justice in our province in a general sense,” he told reporters on Tuesday. “Decisions around bail, when they get publicized like this, are contributing to that.”Comments can ‘trickle inside of the courtroom’Criticism from politicians on a matter before the courts is not only inappropriate but undermines the rule of law, said the bar association’s Soldier, whose organization represents lawyers and other legal professionals in the province.That commentary may presuppose the guilt of the person accused, and could also threaten the independence of the judicial system, she said.“It’s definitely something that can trickle inside of the courtroom,” said Soldier.Stacey Soldier, president of the Manitoba Bar Association, says that when politicians criticize a judge’s decision on a matter before the courts they undermine the justice system. (Submitted by Stacey Soldier)She added that judges weigh both the facts of the case and public safety when making bail decisions.Soldier said politicians should focus on addressing issues in the bail system, which she said is under-resourced, instead of drawing attention to “lightning-rod cases” that don’t represent the norm. “The majority of people on bail abide by their conditions,” she said. “We can’t allow public discourse and criticism of the judiciary to make people believe that these outlier cases … represent typical bail situations.”The Criminal Defence Lawyers Association of Manitoba also took issue with Kinew’s comments, saying criticisms “of a judge’s decision by a sitting member of the legislature and the leader of the government are inappropriate.”Because “judicial independence is an important feature of our system of law,” Kinew should have considered that “his comments do more to hurt the public’s confidence in the administration of justice than this decision ever could,” the defence lawyers’ association said in a written statement on Wednesday.Chris Gamby, director of communications for the defence lawyers’ association, said the premier and other politicians sometimes comment on cases without a full understanding of what happened in court or how the law applies, unlike the judge who is making the decision.Chris Gamby, communications director for the Criminal Defence Lawyers Association of Manitoba, says the premier may not agree with a judge’s decision, but he should respect it. (Prabhjot Singh Lotey/CBC)While he wasn’t involved in Singh’s hearing and doesn’t know the full details of what happened there, Gamby said generally, judges could deny bail on public safety grounds, or if releasing the accused would impact confidence in the justice system.”These are experienced people that make decisions,” he said. “The premier may not agree with the decision, but I think that, with respect, he should respect that decision.”The Manitoba Association of Crown Attorneys declined to comment as Singh’s case is still before the courts.Kinew was not made available Wednesday for further comment.Manitoba Attorney General Matt Wiebe said the premier made a clear distinction between the roles of the judiciary and legislative branches in his remarks Tuesday, while talking in general terms about the frustration Manitobans feel regarding bail. Wayne Balcaen, the Progressive Conservative justice critic, said Kinew’s criticism of a judge’s decision is “unbecoming” of a premier and calls the administration of justice into disrepute.Asked about his party’s past criticism of bail decisions, Balcaen said the Opposition brings up the matter to hold the government accountable. WATCH | Premier faces backlash over bail decision comments:Kinew faces backlash for comments on bail decisionTwo associations representing lawyers in Manitoba called on politicians to stay in their corner, after Premier Wab Kinew’s comments on a case before the courts. Kinew said Tuesday he agreed with a Crown argument that granting bail to an Ontario trucker accused in a fatal collision could endanger public confidence in the justice system.ABOUT THE AUTHORSantiago Arias Orozco is a journalist with CBC Manitoba currently based in Winnipeg. He previously worked for CBC Toronto and the Toronto Star. You can reach him at santiago.arias.orozco@cbc.ca.With files from Josh Crabb and Bartley Kives
Kinew’s remarks on bail decision undermine public confidence in justice system: Manitoba Bar Association
