Commentary
Picture spending more than two years in prison, only to discover that the evidence never backed up the charges against you.
Granting Bail for Serious Offenses
In Canada, individuals charged with a crime are typically granted bail, even those charged with murder. For instance, Umar Zameer, who was charged with the first-degree murder of Toronto Police Constable Jeffrey Northrup, was released on bail in September 2021.
Reasons for Denying Bail
Why do we release individuals after being charged with a crime instead of holding them indefinitely? In Canada, there is a process in place that we follow. Is there a risk of the individual committing the offense again? Carbert and Olienick had no prior history of violence or criminal records related to the charges they were facing, so the risk of reoffending did not apply to them.
Flight risk is another reason for denying bail, but the Crown agreed that neither Carbert nor Olienick posed a flight risk. Additionally, the identities of the accused were clear to the Crown and the RCMP.
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Denying bail for the protection of evidence was not a factor in this case. Carbert and Olienick were not considered a danger to the public either, as they lacked a history of violent crimes. Therefore, the Crown’s argument to deny bail based on undermining confidence in the judicial system due to the seriousness of the charges was questioned.
Since the signing of the Magna Carta in 1215, individuals charged with a crime have the right to be presumed innocent until proven guilty, with the provision for bail and a fair trial. The importance of maintaining this principle was highlighted in the case of Carbert and Olienick.
Unindicted Co-conspirators Never Interviewed
During the trial, unindicted co-conspirators were named by the Crown, but no action was taken against them. The evidence and intelligence presented in the case raised concerns about the validity of the charges brought against Carbert and Olienick.
Intelligence
Former police officer Vincent Gircys raised questions about the intelligence and evidence presented in the case, emphasizing the need to address any discrepancies that may have led to the wrongful charges.
Despite being found not guilty of the conspiracy charge, Carbert and Olienick have spent a significant amount of time in custody. This raises important questions about the presumption of innocence and the judicial process.
Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy. His upcoming book is “Unjustified: The Emergencies Act and the Inquiry that Got It Wrong.”
The opinions expressed in this article are those of the author and do not necessarily reflect the views of The Epoch Times.
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