GUELPH – Justice of the Peace Walter Rojek wasn’t convinced a 21-year-old Mount Forest man wouldn’t reoffend if granted bail and released back into the community.
Nor was he confident the man’s mother could adequately serve as a surety, which is someone who promises they’ll be responsible for a person on bail.
Appearing virtually for a bail hearing before Guelph court on Aug. 10, Tracy Grant said she would ensure her son, Chester Lewis, would follow “the rules of the court” and ensure he attends future court dates.
Although courts typically impose a publication ban at the request of the defence or an accused person, severely limiting what journalists can report about bail hearings, one was never requested, nor did the court impose a ban.
Between January and July this year, police allege Lewis committed arsons, stole two vehicles, possessed stolen property, assaulted a person with a weapon, possessed prohibited weapons (including a taser and brass knuckles), and failed to comply with conditions of a previous release from custody.
None of the charges have been tested in court and Lewis remains innocent unless proven otherwise.
Having relocated to Kenilworth days before the hearing, Grant offered her home for Lewis to reside, which she told court is far enough away from Mount Forest.
She also said her son would be kept busy working as a roofer and framer.
“[He] wouldn’t be in town and getting into any trouble, that’s for sure,” Grant testified at the reverse-onus hearing.
The onus of advocating to refuse bail and keep someone locked up typically falls to the Crown.
But in some hearings, such as this, the burden falls on the accused and defence counsel to persuade the court for a release from custody.
Despite being on a fixed Ontario Disability Support Program income, Grant also told the court she was willing to put $1,000 on the line, which could be owed to the court if bail conditions weren’t followed.
Throughout the hour-long hearing on Thursday, which took place after several delays, Grant testified about her plan to look after Lewis if bail were granted.
She would give him a place to stay, advocate for professional health care help, remain in contact with a cell phone, obtain his work schedule in advance, remove alcohol from the home, and attend appointments, court heard.
“Because of the predicament he’s in, he doesn’t want to get in worse,” Grant said, trailing off.
“I think he’s ruined his life enough that it’s time for him to turn it around.”
But Crown attorney Leigh Fishleigh doubted Grant was up to the task.
“Does your son … share any of his personal life with you?” Fishleigh asked.
“To a point; I don’t push it because it’s really none of my business, but he shares some with me. It depends on his mood, I suppose,” Grant responded.
“I know him pretty good; I know him pretty well.”
“If you were approved as a surety for Chester Lewis, your job is to protect the public as well, are you aware of that?” Fishleigh questioned.
Duty counsel Ash Faeorin-Cruich, who represented Lewis during the hearing, interjected.
“That’s not a proper question, that’s not the role of the surety, Mr. Fishleigh.”
Fishleigh reconsidered, and asked Grant: “Do you think that’s your role as a surety?”
After a pause, she agreed it was.
“He won’t be anywhere near town,” she said, in part.
No further questions were asked by Faeorin-Cruich, and no additional evidence was given, or witnesses called.
In submissions to the court, Faeorin-Cruich said Lewis has no criminal history and has the “presumption of innocence and the constitutional right to reasonable bail.”
Bail is a constitutionally protected right under the Canadian Charter of Rights and Freedoms, which states “reasonable bail” must be granted unless there are compelling reasons not to.
“I would submit that the appropriate form of release, would be a release order with conditions; potentially a promise to pay if the court feels that it is appropriate,” Faeorin-Cruich said.
“If the court feels that a surety is necessary, Ms. Grant is offering her residence at her supervision.”
Faeorin-Cruich suggested Lewis be ordered to stay out of Mount Forest, arguing that would address “any safety concerns.”
An order to prohibit weapons and “incendiary devices” was also suggested.
Risk around reoffending while on bail could be reduced to a “reasonable level” by imposing those conditions, Faeorin-Cruich said.
In the Crown’s submissions, Fishleigh remarked that “the town is on edge.”
“Ms. Grant is certainly forthright, honest, doing her best, no doubt but about it,” Fishleigh said.
But he questioned how she could always keep an eye on her son.
“I would submit that the amount of control or supervision is insufficient,” he said.
Faeorin-Cruich argued the role of surety isn’t to replace jail.
The value, Faeorin-Cruich told the court, “lies in the relationship, as the court is well aware.”
Concern over Lewis reoffending while on bail was the central “very concerning element” in Justice Rojek’s decision.
“The allegations are showing an established pattern of behaviour,” Rojek said.
The Justice had to think about whether future court dates would be attended, the chance of other offences happening while on bail, the potential for witnesses to be intimidated, and keeping public confidence in the justice system.
“I’m not really satisfied that the plan would properly address the substantial likelihood of [recommittal] or address the issue of the public safety,” Rojek said.
Based on that concern, Rojek said the defence failed to convince him Lewis shouldn’t be kept in custody.
The court heard little from Lewis during the hearing, who also appeared virtually, aside from a brief interaction at the end when Lewis said he didn’t understand Rojek’s ruling.
“I issued [a] detention order for you, so I denied bail,” he said.
Lewis is scheduled to appear briefly before court again on Aug. 15.
