Lawyers question fairness of same-day bail for Calgary cop charged with murder

Some members of Alberta’s legal community are calling into question the treatment of a Calgary police officer charged with murder earlier this week who was able to get released on bail the same day he was charged.

“It’s very difficult to get before a King’s Bench judge on short notice and on the same day is absolutely unheard of,” said Paul Moreau, the past president of the Criminal Trial Lawyers Association and a former prosecutor.

Const. Craig Stothard, 51, was charged this week with two counts of second-degree murder stemming from a May 29, 2023 shooting. 

Online video from that day shows a slow-speed chase as police cars followed what investigators allege was a stolen cube van along Memorial Drive. 

WATCH | Video shared on social media shows police vehicles slowly pursue a white cube van in 2023:

Police say about 45 minutes into the pursuit and after several attempts to stop the vehicle, an officer fired shots into the van. 

Wesley Davidson and Levon Boyce Fox were both killed.

This week, following a two-year investigation, the Alberta’s Serious Incident Response Team (ASIRT) laid the charges.

Within hours of Stothard’s arrest, he was brought before Court of King’s Bench Justice Nick Devlin where he was released with the consent of Edmonton prosecutor Jeff Rudiak. 

“It’s frankly amazing to see an individual charged and being put in front of the Court of King’s Bench in reverse onus, double homicide within literally hours,” said Jim Lutz, a senior defence lawyer in Calgary.

‘Two tiers of justice’

Last month, Lutz had a second-degree murder case where a man with no record waited a month and a half in the Calgary Remand Centre for a bail hearing. 

“I’m not sure how we can justify two tiers of justice in this particular instance.”

Kelsey Sitar, the president of Calgary’s Criminal Defence Lawyers’ Association, estimates the wait times to get before a King’s Bench judge is about two-to-four weeks but “sometimes longer.”

Both Lutz and Moreau say a same-day bail hearing in superior court could only have happened as a result of previous arrangements between the Crown and defence lawyers.

‘Public confidence in the system’

ASIRT confirmed it worked with both the Crown and defence to “ensure the officer was arrested and brought before the Court in the most efficient manner possible.”

“ASIRT is fully supportive of the prosecutor’s decision to release the subject officer on bail,” said ASIRT Director Mike Ewenson.

“As delay is an ongoing concern in the justice system, having the bail matter dealt with allows the prosecution to move on to the next stage of the court proceedings.”

WATCH | A Calgary police officer is charged with two counts of 2nd-degree murder in a  2023 shooting:

While Lutz praised Stothard’s lawyer, Don McLeod, “for his incredible work,” he raised concerns over the public perception of Stothard’s speedy release. 

“The decisions that courts make as to bail have to be such that they preserve and enhance public confidence in the administration of justice,” said Lutz. 

“Anything which lends the appearance of a two-tiered system of justice does not enhance or increase public confidence in the system.”

Speculation of unfairness ‘without merit’

In a written statement provided to CBC News, the Alberta Crown Prosecution Service said “the time it takes to get before a King’s Bench judge can vary due to many factors.”

“Speculation hinting at unfairness in the handling of this file is without merit,” reads the statement. 

MacLeod declined to comment on the timing of the bail hearing.

On Tuesday, he said his client “maintains his innocence and intends to mount a full and vigorous defence.”

Stothard, a 15-year veteran of the Calgary Police Service, is currently on leave.

He will be back in court in August.