Killing of Haldimand OPP officer prompts report calling for changes to bail system

When OPP Const. Greg Pierzchala was murdered on duty, his death set in motion a call for bail reform that is now - just three months later - a step closer to fruition.

His alleged killers, Randall McKenzie and Brandi Stewart-Sperry, were fugitives when Pierzchala was gunned down after stopping to help a car in the ditch near Hagersville.

McKenzie had been on the run for about five months when Pierzchala, a popular rookie, was killed. McKenzie had allegedly cut the GPS monitoring device off his ankle and disappeared from his mother's home near Ohsweken.

A deeper dive into the pair's criminal history and decisions by the justice system has raised myriad questions about bail laws and their enforcement.

On Monday, Ontario's Standing Committee on Justice Policy released its report on the modernization of the bail system.

In direct response to Pierzchala's murder on Dec. 27, the committee held a two-day hearing in February to hear from police leaders, lawyers, advocates for accused persons and academics.

The report notes bail reform must target two separate areas: the federal government, which is responsible for criminal law and procedure, and the provincial government, which is responsible for the infrastructure that supports those laws and procedures.

The report is calling for immediate federal changes that include:

• A reverse onus on bail for the offence of possession of a loaded prohibited or restricted firearm. That means the onus will be on the accused to convince the court they should be granted bail, rather than the Crown having to prove they should be denied.

• Expanding the use of reverse onus on bail for offenders who pose substantial risk to public safety," including but not limited to: repeat violent offenders; serious violent offenders; and firearm offences including specific consideration for firearm possession offences.

• Adding a definition of chronic offender" to the Criminal Code of Canada and a reverse onus for chronic offenders seeking bail.

• Implement an additional route to the charge of first-degree murder by including a death that results from the discharge of a firearm in a congregate setting.

• Mandate that bail hearings for the most serious offences be heard by a judge, rather than a justice of the peace.

Provincial changes recommended in the report include:

• Providing more resources for Crowns to conduct bail hearings in a timely fashion in circumstances where public safety demands it.

• Providing more resources to train justices of the peace to ensure a comprehensive understanding of bail provisions, including public safety.

• Establishing a group of specialized Crowns for violent offences associated with firearms or other weapons.

McKenzie was allegedly on a violent crime spree that involved a stabbing and car thefts in the days leading up to Pierzchala's murder.

McKenzie had a history of possessing guns and breaching court orders. The incident he was on bail for involved an intimate partner assault. He is accused of having a gun strapped to his body.

A justice of the peace denied him bail because of the gun and his history. But a bail review months later resulted in a Superior Court of Justice judge letting him out. The primary reason for his release, Justice Harrison Arrell explained to the court, was that McKenzie is Indigenous and the law has special provisions for Indigenous offenders due to generational trauma and racism that has led to disproportionately higher incarceration rates of Indigenous people.

Neither Hamilton police nor Six Nations Police were actively searching for McKenzie once he skipped bail, The Spectator has reported.

Immediately after Pierzchala was shot, an emergency alert was issued, advising people in nearby communities to shelter in place" as a massive search began.

McKenzie, 25, and Stewart-Sperry, 30, allegedly stole a car from someone who stopped at the murder scene to offer assistance. They were arrested hours later and charged with first-degree murder. Stewart-Sperry was wanted on a 30-month-old arrest warrant at the time.

On Tuesday, McKenzie and Stewart-Sperry made their latest virtual court appearances in front of a justice of the peace in Cayuga.

The court heard three sets of disclosure have been provided to the accused. Crown attorney Fraser McCracken said another batch will be delivered at the beginning of May.

Stewart-Sperry is detained at Vanier Centre for Women and is being represented by Hamilton criminal lawyer Kim Edward. Her next court appearance will be April 25.

McKenzie, who appeared from the Hamilton-Wentworth Detention Centre, is represented by Toronto lawyer Sayed Hafizi. His next appearance is May 16.

Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com