Mitchell denied bail again

A 26-year-old Canora man who allegedly evaded police in a high-speed pursuit in October 2016 and faces numerous charges including auto theft, dangerous driving and firearms offences, has been remanded in custody again.

Darren Mitchell appeared self-represented in Yorkton Provincial Court December 29 for a bail hearing after firing his Legal Aid counsel the previous day.

Mitchell was previously refused bail in early November following the October 21 incident and a bail verification report recommended continued incarceration. Later that month he was committed to the Saskatchewan Hospital in North Battleford for a 30-day psychiatric evaluation.

At the December 29 hearing, prosecutor Fred Fisher opposed Mitchell’s release on all three grounds saying the Crown has serious concerns about the man’s mental stability and that he would pose a risk to public safety if released.

Fisher told the Court that, on October 21, Mitchell had allegedly stolen a pickup truck and shotgun in Swan River. When approached by the RCMP near Canora, he fled, swerving and weaving at a high rate of speed against traffic. Police abandoned the pursuit for the sake of public safety. Mitchell was arrested later after a member of the public tipped the Mounties off about his whereabouts.

During the December 29 hearing, the prosecutor noted Mitchell did not have a satisfactory release plan lacking a place to stay and having little family or community support.

Fisher cited a considerable recent criminal record with 15 convictions since 2012 to satisfy the secondary and tertiary grounds that the accused is likely to reoffend and that his release would call the reputation of the court into disrepute.

He said while on remand, Mitchell’s behaviour in the correctional centre has been disruptive and a concern for guards and other inmates. This among other things, Fisher noted, demonstrated little regard for the justice system and satisfied the primary ground that, if released, Mitchell might not show up for future court appearances.

Mitchell argued for his release saying despite a tough upbringing, during which he had to quit school to help support his family, he had managed to stay out of trouble as a youth. He traced his legal problems and mental health issues to a falling out with his father in 2012 when he was 22.

He said that while in prison, he has been prescribed medication, had started reading The Bible and that the trouble in jail was instigated not by him, but by other inmates and guards. He said he had been subjected to “cruel and unusual punishment.”

Mitchell told the judge he had a place to stay in Canora and a job opportunity and was committed to seeking help for his mental health issues through going to church and the accessing resources within the health system.

“All I can do is pray and be one with God,” he said. “I believe I will not reoffend as long as I stay true to my faith.”

Judge Patrick Reis said he appreciated the young man’s “heartfelt comments” and was not concerned about the primary ground.

He denied bail, however, on the secondary and tertiary grounds saying if he released the confused he would have real concerns for public safety and that a reasonable member of the public could lose confidence in the Court.

The judge scheduled a next appearance for January 5 in Canora and advised the defendant to reconnect with Legal Aid.