Wynn’s Law is punitive, not rehabilitive

Recently elected St. Albert Member of Parliament Michael Cooper is resurfacing legislation that fell by the wayside after the departure of his predecessor Brent Rathgeber in October. So-called “Dave Wynn’s Law” (Bill C-686) would make it harder for criminals to get bail if they had a prior history of offences or absenteeism with regards to bail hearings, by requiring that this background be recited for judges and justices of the peace. The proposed legislation is named for Const. David Wynn who was killed in the line of duty last year at a St. Albert casino. Wynn’s killer, Shawn Rehn, was out on bail during the shooting despite having multiple outstanding charges against his person; these charges were not read at his hearing. While the bill’s objective might seem noble, it teeters dangerously into retributive territory and doesn’t belong in a rehabilitative criminal justice system.

Clearly, there are very dangerous people both on the streets and in incarceration, such a tautology is boring to restate, but we have to respect both the idea that all citizens are equal before the law and that the criminal justice system should attempt to rehabilitate offenders lest they assimilate once more into society. Requiring all past convictions and instances of truancy to be presented and read at bail hearings is not rehabilitative, it’s punitive. If prosecutors are focused on an obviously disastrous track record, how are they supposed to make judicious decisions about whether someone is currently fit for release into society pending a trial?

To be sure “Dave Wynn’s Law” would prevent some dangerous or volatile criminals from committing violent crimes after having been let out on bail. This is not the main consequence, however; more poignantly it would mandate the continued imprisonment of people who are totally stable and could peaceably await trial on their own terms, simply because of previous misconduct. All it takes is a shred of empathy with Const. Wynn’s family to support this bill, but we have to bring more sobriety and impassivity to our reflection on the subject. The legislation is needlessly punitive, unfair to those in the criminal justice system, and would encumber bail hearings.