Commentary
As criminal justice cases related to the COVID-19 pandemic and citizens’ responses to it make their way through Canada’s agonizingly slow justice system, a disturbing trend of possible judicial bias appears to be emerging. The double standard being applied to prosecutions linked to any form of protests against pandemic restrictions is stark and disturbing. The examples are growing.
In a recent article in the
Western Standard, it was reported that Crown counsel would not approve the pursuit of charges against a man who used a bicycle as a weapon and attacked a vehicle and the passenger inside it during a protest against pandemic mandates on March 28, 2021. The B.C. prosecution service told the Standard they determined a conviction wouldn’t be likely in the case.
The
video evidence from the incident makes the statement from the prosecution service rather hard to believe. A man is clearly seen repeatedly approaching a vehicle and smashing it and the person on the passenger side with his bicycle, until ultimately breaking the glass when the passenger rolled up the window. It was a dangerous act causing substantial damage to the vehicle and could have seriously injured the passenger.
The aggressor was apparently taken into custody at the time and police recommended charges of mischief and assault with a weapon. It beggars belief that somebody could view that video and feel a conviction would be unlikely. The person demonstrated clear violent tendencies, and it should be incumbent on the justice system to follow up on this if only to try to prevent a future incident. The man in the video needs to face consequences and perhaps has some mental health issues that should be addressed, yet he faced no sanction. This sends a signal to extreme-minded people that they can get violent with some protesters, as long as the protesters they attack are in opposition to government restrictions. A dangerous precedent to set, to say the least.
In another case, Stephanie Warriner was viciously restrained by security staff in a hospital for her refusal to wear a mask correctly. A recently
released video horrifyingly shows several security guards grabbing the woman and pulling her behind a pillar. The camera is then turned away by another security worker who was remotely operating the camera. The next portion of the video shows the woman being wheeled away limp and motionless. She never regained consciousness and died days later.
Charges of manslaughter were laid against two of the guards, but they
were dismissed on Nov. 22, 2022, by Superior Court Justice Sean Dunphy. Warriner was a slight woman who had breathing challenges. The actions of the security guards certainly warranted a day in court to take a deep dive into what happened and why.
On the other side of the coin, Canada is more than willing to use the full force of the law against people charged with protesting against government pandemic restrictions.
Tamara Lich remains in legal limbo as she awaits her trial. Lich spent a total of 48 days in custody following her arrest in Ottawa during the Freedom Convoy protests. It took weeks of legal wrangling for her to get bail initially. Then, due to her having dared to pose in a picture with the wrong people,
homicide detectives were assigned to fly across the country to re-arrest Lich and fly her back to Ottawa to be returned to jail for bail violations.
Lich was ultimately released on bail again, but the dedication and zeal committed to incarcerating a non-violent woman with no prior criminal history were unprecedented. Lich presents no threat to society while awaiting trial, and the efforts to keep her behind bars appear to have been driven by political motivation rather than public safety.
While bail is difficult to obtain for peaceful protesters, it appears to be ridiculously easy to get for known violent offenders and it has led to tragic consequences.
OPP Const. Grzegorz (Greg) Pierzchala was murdered in cold blood on Dec. 27, 2022. The alleged killer had been released on bail after having been charged with multiple violent offences, including assaulting a police officer.
Former
CBC journalist Michael Finlay died on Jan. 31, 2023, a week after a random attack on a street in Toronto. The man suspected in the crime and being sought was recently released on bail after being charged with violent crimes.
Is it really that difficult to distinguish between violent and non-violent offenders when determining bail?
The justice system is failing to keep the public safe, and it appears politicization of the process is a factor in the problem. There is a dangerous double standard at play and it must be rectified.
Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.
