Premier Kinew Questions Judge’s Bail Decision in Fatal Collision Case

WINNIPEG — Premier Wab Kinew has publicly criticized a Manitoba judge’s decision to grant bail to Navjeet Singh, a truck driver accused of causing a highway collision that resulted in the deaths of Sara Unger, 35, and her eight-year-old daughter, Alexa Unger, last November. This rare move by the premier highlights ongoing concerns regarding public confidence in the province’s judicial system.

During question period at the Manitoba legislature on Tuesday, Kinew responded to remarks made by Opposition Leader Obby Khan, who attributed Singh’s release to the Kinew government. Kinew emphasized the need for judges to consider the public’s perception of their decisions, stating that they should “reflect on the role that their decisions will have when they are learned of by the public.”

Singh, who had initially fled the country while wanted on a nationwide warrant, was apprehended on August 21, 2023, after returning to Canada. He remained in custody until a bail hearing on August 28, 2023, where Judge Michael Clark granted him release on a $7,500 surety bond provided by a relative. Singh is required to stay at his cousin’s home in Ontario, adhere to a curfew, and report weekly to the Royal Canadian Mounted Police (RCMP) in Morden. He has also surrendered his driver’s license and passport.

Concerns Over Public Safety and Judicial Independence

During the bail hearing, Crown prosecutor Michael Himmelman voiced concerns that Singh’s release could undermine public confidence in the justice system. Kinew echoed this sentiment, stating, “In this particular instance, I think we have to… encourage our judges and justices of the peace to reflect on the role that their decisions will have when they are learned of by the public.” He cautioned that decisions must be made based on current realities rather than idealistic views.

In response to Kinew’s comments, Wayne Balcaen, the Progressive Conservative justice critic and former police chief, cautioned against political interference in judicial matters. He argued that the judiciary must remain independent, with a clear separation from politics. Balcaen asserted that the premier should not be “chastising” judges for their decisions.

After the question period, Kinew clarified that his remarks were intended to address broader concerns about public confidence in the justice system rather than targeting the judge directly. He noted, “The reality is the community is out there. As soon as this person leaves the courtroom doors, is it safe for that person to be out there? We’ve seen a lot of situations recently where the answer is no.”

Legal Perspectives and the Bail Process

Legal expert Brandon Trask, an associate law professor at the University of Manitoba, emphasized the complexities involved when politicians comment on ongoing court cases. He highlighted the need for the public to understand that bail decisions are grounded in Canadian charter rights, which uphold the presumption of innocence and the right to reasonable bail unless specific risks are present.

Trask stated that the Crown bears the burden of proving any risk factors that would justify denying bail. The judge then assesses the strength of the Crown’s arguments. “Essentially, we need to let the judges do their work. Judges have to be left to judge,” he remarked.

If a Crown prosecutor disagrees with a judge’s bail decision, they can seek a review through the Court of King’s Bench, though Trask noted that this process is limited. Himmelman declined to comment on whether he will pursue a review of Singh’s bail, reiterating that it is a sensitive subject due to the ongoing legal proceedings.

Kinew’s previous actions have also drawn scrutiny, notably when he removed MLA Mark Wasyliw from the New Democratic Party caucus last September due to concerns about Wasyliw’s former law partner representing a convicted sex offender. Following backlash, Kinew apologized for his decision, stating, “Upon reflection, my desire for transparency should have been outweighed by my deep respect for the independence of the justice system.”

The debate over bail continues to resonate across political lines, as various parties leverage such cases to critique one another’s approach to public safety and justice reform. As discussions proceed, the implications of judicial decisions on community trust remain a central concern for many Manitobans.