BURST
B.C.’s attorney general has already asked the federal justice minister for further reform of Canada’s laws on bail.
Attorney General Niki Sharma made the pitch on Thursday, Justice Minister Sea Fraser’s third day on the job and just two days after a suspect on probation attacked a stranger with an axe in Vancouver.
“This incident is deeply disturbing, and violence is totally unacceptable,” Sharma said of the robbery by an axe-wielding man in the Downtown Eastside.
She said she understands concerns over the quick release of the suspect on bail.
Steven Henry Hall, 30, who two weeks earlier had been given a year’s probation after pleading guilty to threatening with a weapon, a machete, and used a different type of weapon, an axe, to injure someone while stealing his sunglasses, according to court documents.
He was charged with robbery and a breach of probation, but released on bail without having to put up any money just seven hours after the attack, according to court documents.
Sharma said: “I completely understand the concerns expressed by people about the accused being released so quickly.”
But she said judges make those decisions independently “based on the law, the facts presented in court and the individual circumstances of each case,” and politicians can’t interfere without undermining the integrity of the justice system.
“That said, it is clear federal bail laws aren’t doing enough to keep violent offenders off the street,” she said.
Sharma said she talked with Fraser to discuss “ideas for stronger federal bail reform to keep violent, repeat offenders off our streets.”
“We need the federal government to take urgent action on public safety.”
Fraser didn’t return a request for comment.
Sharma didn’t respond to questions about the provincial area of jurisdiction, mandating treatment for those who are mentally ill, something her government has been discussing publicly lately, referring questions to the Health and Solicitor General ministries.
Meanwhile, Vancouver Mayor Ken Sim repeated calls for the province and Ottawa to make changes to the bail system to prevent the release of repeat offenders after the axe attack.
“This is unacceptable,” Sim said in an email. “The suspect was already on probation and was back on the street within hours.”
He said the city has hired more police officers to deal with crime, “but that means nothing if violent offenders are released almost immediately after arrest.”
He called for senior levels of government to pass “meaningful bail reform to keep these repeat offenders off our streets.”
Hall’s circumstances and a prescient comment by the judge who agreed to a joint sentencing submission from the defence and the prosecution two weeks ago indicate shortcomings of the system to help repeat offenders.
“It’s unfortunate you’re not coming to this court asking for assistance for your drug addiction and you’re just going to go along the way you are,” said Judge Patrick Doherty during Hall’s eight-minute appearance by video in downtown community court, according to a recording of the April 30 hearing.
Downtown community court was created 17 years ago to offer help with treatment, housing and other recovery tools to the mentally ill or addicted who plead guilty to their charges, but treatment is on a voluntary, not mandatory, basis.
“I don’t hold out much hope for you if you don’t start seeking help,” Doherty told Hall before sentencing him to probation and releasing him. A condition of the probation was that Hall not possess weapons or carry sharp knives outside of his home.
Submissions from Hall’s lawyer included that Hall, who grew up in Maple Ridge, had a drug problem since high school and that the last 10 years have been a blur.
The sentencing was for a charge of uttering threats to cause death or bodily harm that happened on Oct. 30 and which Hall pleaded guilty to.
Crown told the downtown community court hearing that Hall and a woman were asked to move away from a plaza near 100 Keefer St. in the Downtown Eastside at 9 a.m. that day by two security guards.
The couple refused to move and Hall and the two guards argued, eventually leading to Hall waving a machete at them, threatening to stab them if they came any closer to him. The guards left and called police. Hall was arrested, charged and released on bail later that day.
The prosecution in a plea bargain dropped the second charge, possession of the machete weapon for dangerous purpose. It’s not known if that charge, stayed for up to a year before it disappears, will be reinstated because of the probation breach.
Hall had been jailed before, for 30 days in 2021 for break-and-enter and resisting arrest, for a 2019 break-in.
The community court is designed to “provide sanctions, services and interventions to individuals with complex needs,” according to an email from a spokeswoman for the Public Safety and Solicitor General Ministry.
Those who plead guilty are offered “health, forensic psychiatric services, income assistance, and Indigenous partners and housing staff work together alongside court staff and officials to support individuals and hold them accountable for their offences.
Those with mental-health or addiction issues are connected to health authorities for treatment, she said.
“Individuals who are found in breach of court-ordered conditions may result in a return to court, custody or care under the health system,” she said.