In a rare "reverse onus" bail hearing December 13 at Yorkton Provincial Court, a man accused of stealing more than $600 in groceries and clothing from Yorkton's Walmart was denied release.
Normally, the Crown has the onus of showing cause why a defendant should not be released on bail because presumption of innocence is guaranteed in the Canadian Charter of Rights and Freedoms.
The Supreme Court has ruled, however, under certain circumstances, this can be suspended and the defence is required to show cause why their client should be released. These circumstances include when a person is already on release and reoffends.
John Straightnose was serving a conditional sentence on numerous charges of impaired driving, driving without a licence and failing to comply with a condition when, on August 14, he allegedly committed theft in the amount of $1,594 and assault of a loss prevention officer at a Walmart in Saskatoon.
Straightnose was released pending an appearance in Saskatoon court October 24. He failed to make that appearance.
On December 9, Straightnose was again apprehended at Walmart, this time in Yorkton. He gave an alias to the arresting officer and was charged with theft, impersonating another person and obstructing a police officer.
Kim Stinson, acting as defence counsel, argued that the loss prevention officer had accosted Straightnose's pregnant common-law wife in an "over-zealous" manner, even implying that the incident may have contributed to a miscarriage the following day.
Stinson pointed out that, although his client had a criminal record, he had no previous convictions for either property crime or violence. He told the Court that Straightnose had recently completed level one carpentry training and was working part-time; that he had three children and a stable residence and; that he had a substance (prescription drug) abuse problem, which was what was driving the property crime.
Defence also advised Judge Ross Green that his client was prepared to put up $1,000 bail.
Stinson called on Chief Norman Whitehawk of the Cote First Nation to speak on Straightnose's behalf.
The chief outlined the services available on his reserve to deal with Straightnose's addiction problem; discussed his personal expertise in counseling and rehabilitation and; made an impassioned plea to the Court to allow him to have the opportunity to personally supervise the defendant's recovery.
"I take full responsibility for John's actions," Whitehawk said. "I've buried many people; I don't want to go down that road with John."
Stinson wrapped up his arguments by advising Green that Straightnose had lots of support and suggested conditions of his release could be crafted to not only ensure his reappearance before the court, but successful completion of his rehabilitation.
He asked that his client be allowed to enjoy his family over Christmas pending sentencing in January.
The crown, represented by Darryl Bode countered Stinson's arguments saying Straightnose had proven he is incapable of abiding by a court order. Bode pointed out that the petitions made by defence sounded remarkably similar to those that were presented in a previous pre-sentence report and those that were expressed in the conditional sentence Straightnose was already serving.
Bode also took exception to defence's characterization of the assault saying it was "a little more egregious." He said when the loss prevention officer attempted to arrest the wife, Straightnose jumped in the officer's back, choking him and punching him in the head. The officer had to request assistance from witnesses and sustained scrapes to his forehead, right hand and knuckles.
Finally, the Crown counsel argued that the defendant had shown contempt for the justice system by skipping bail in Saskatoon, committing a crime while serving another sentence and saying to the arresting officer in Yorkton "just do the paperwork and let us go," even though he knew he was wanted on a Saskatoon warrant and was facing similar charges there.
During his submissions, Bode called Straighnose's actions "brazen," and suggested that if, in fact, his crime spree was driven by addiction that the Christmas season, a time of celebration, "is probably the worst time" to let him go home.
Bode called on the judge to deny release on any of the grounds for denying bail, the primary, that he pleaded guilty to the charges; the secondary, that on the balance of probabilities there is a substantial risk he could commit another crime and; the tertiary, in order to maintain confidence in the administration of justice.
Given all the circumstances, "the administration of justice would be shaking at its foundation," Bode said.
Green acknowledged that Straightnose had substantial support and that his record was free from property and violent crime and dismissed the primary ground saying he was satisfied the defendant would come back to court.
On the secondary ground, however, he said from everything he had heard he was not satisfied Straightnose did not present a substantial risk and denied bail.
That having been dealt with, the Court proceeded with pleas and sentencing on all the charges from Saskatoon and Yorkton.
The Crown suggested using submissions from the bail hearing for the purposes of sentencing. Defence consented.
Bode asked that the remainder of the conditional sentence (approximately two months) be converted to jail time, six months consecutive for the assault, three months concurrent for the Saskatoon theft, two months consecutive for the obstruction and three months concurrent for the Yorkton theft. In total the Crown was looking for 10 months incarceration.
Stinson requested a little more leniency at six months total for all the charges to be served consecutively to the remainder of the conditional sentence.
Green had his own ideas, however. The judge determined that some kind of custodial sentence was necessary because of the seriousness of the assault and the multiple breaches, but felt the overriding goal was to get the young man into treatment.
He sentenced Straightnose to three months on the assault consecutive to the conditional sentence, one month concurrent for the Saskatoon theft, one month consecutive on the obstruction, and one month concurrent for each of the Yorkton theft and failure to comply charges.
"Hopefully, this man will get the treatment he needs," Green concluded.
