Winnipeg Free Press

Winnipeg Free Press (Newspaper) - October 31, 2025, Winnipeg, Manitoba FRIDAY, OCTOBER 31, 2025 A4 ● WINNIPEGFREEPRESS.COM NEWS I TOP NEWS Judge clears air of foul-smelling political pandering P ROVINCIAL court Judge Dale Harvey made some unusually pointed comments in court last week about Canada’s ongoing bail reform debate. They deserve more attention than they’re getting. Judges in this country rarely speak publicly about political issues. When they do, it’s usually a chief judge speaking on behalf of the judiciary. But even then, they typically exercise extreme caution when communicating their message. The Canadian Judicial Council, which oversees federally appointed judges, explicitly warns judges not to engage publicly on political matters, except in cases that directly affect the operations of the courts. (The Canadi- an Judicial Council does not have ju- risdiction over provincially appointed judges, but the same principles apply.) Bail reform is most certainly a political issue, but it does affect the operation of the courts and the independence of the judiciary. So, it’s appropriate for judges to weigh in, at least within a courtroom setting. Harvey — during a bail hearing for a man accused of trafficking drugs while already in custody — expressed frustration with certain public leaders, or “so-called leaders,” as he put it. He said the ongoing debate over bail reform was “insulting” to judges and he pushed back on the idea that releasing accused persons on bail, in most cases, is some kind of judicial indulgence, rather than a requirement of Canadian law and the Charter of Rights and Freedoms. He’s right, of course. And while it’s unusual for a judge to speak out like that, Harvey’s frustration is under- standable. The political rhetoric around bail reform has become so divorced from legal reality that even judges, who usu- ally stay above the fray, are probably losing patience. Most politicians who rail against Canada’s bail laws — especially federal Conservative Leader Pierre Poilievre — paint them as a “catch and release” system that automatically lets dangerous criminals roam the streets. Poilievre’s talking point is that the Liberals’ “soft-on-crime” laws have turned bail into a “get-out-of-jail-free card.” It’s catchy and emotionally charged. But it’s completely false. Bail is not a game of Monopoly. In law, the “principle of restraint” — that an accused person should be released at the earliest opportunity unless there is just cause to detain them — has existed for decades in Canada. It’s in the Criminal Code and it’s entrenched in the Charter. It’s been upheld time and again by the Supreme Court of Canada. Why? Because an accused person is pre- sumed innocent until proven guilty. That principle doesn’t just apply at trial, it’s part of the foundation of how bail works. There are times when accused persons must be detained, if they are a danger to the public, a flight risk or if releasing them would undermine public confidence in the justice sys- tem. But those decisions are based on evidence before the court. People may not always agree with a judge’s ruling on bail (although the public rarely, if ever, has all the infor- mation that goes into a bail decision). But there are rules and constitutional principles that guide how the system works. It’s unclear exactly which “leaders” Harvey was referring to in his com- ments. He didn’t name names, and he shouldn’t. But given the Conservative party’s unsubstantiated claims that federal bail laws are to blame for rising crime, it’s not hard to guess who might have been on the judge’s mind. Poilievre says he would eliminate bail entirely for certain repeat violent offenders. It sounds tough. It polls well. But it’s unconstitutional. The Supreme Court has already ruled that blanket denial of bail would violate the Charter. It’s doubtful Harvey was referring to the Liberal government’s latest pro- posed changes to bail laws. The proposed amendments have been touted as “sweeping changes.” In reality, they barely move the needle. For the most part, they merely expand existing “reverse onus” pro- visions in the Criminal Code. Reverse onus means the accused must show why they should be released, rather than the Crown showing why they should be detained. But reverse onus doesn’t guarantee detention. Far from it. That provision has existed for years for certain serious offences, and its expansion doesn’t alter the basic constitutional framework. It’s hardly a sweeping change. It’s more of a nib- bling around the edges. Some of the amendments in the Liberal bill will likely have no effect at all on bail. For example, the bill “clar- ifies” that the principle of restraint does not “mandate” the release of an accused. It never did. And it’s never been interpreted in the courts as such. It’s a benign amendment that’s more of a political reaction to Poilievre’s mischaracterization of the law than a meaningful legislative change. Judges should be cautious about wad- ing into political waters, and Harvey surely knows that. But his comments were made in the course of a bail hear- ing, not at a press conference. He didn’t advocate for any particular policy and he wasn’t partisan. He sim- ply reminded those who hold power — and the public who elect them — that there are constitutionally protected principles that courts must follow. And when politicians start mislead- ing people about how those rules work, someone inside the system has to speak up. Harvey did. And on this one, he was right to do so. tom.brodbeck@freepress.mb.ca TOM BRODBECK OPINION Man sentenced to life in prison with no chance of parole for 10 years ‘This will haunt me to the end of my days’ O N the eve of the one-year anniver- sary 28-year-old mother of four Briannah Clowes died following a frenzied knife attack, family mem- bers shared their pain inside a Winni- peg courtroom Thursday as her killer was sentenced to life in prison with no chance of parole for 10 years. Ryan Kennedy, 33, pleaded guilty to second-degree murder for the Oct. 31, 2024 killing, admitting to stabbing Clowes — a woman he considered a friend — 44 times in the back, chest, head, neck and extremities. “The last time I saw my daughter she was unrecognizable to me — a vi- sion that will remain with me forever,” Clowes’ mother, Tanya Clowes, told King’s Bench Justice Herbert Rempel, describing her daughter as “full of charisma, love and compassion.” “A daughter is supposed to bury her mother, not I her,” she said. “There is no greater pain in the world. This will haunt me to the end of my days.” Briannah’s children and family will forever be reminded of her death every Halloween, Tanya Clowes said. “It stabs us in the heart any time we see (Halloween displays),” she said. Court heard Clowes was sleeping in the suite of a male resident at the Prom- enade apartment complex behind Por- tage Place mall when Kennedy arrived at about 5:30 a.m. Kennedy and the other man smoked crack together and Kennedy showed him a butcher knife and cleaver he was carrying, before the two men fell asleep. Clowes, Kennedy and the male resi- dent all awoke around noon and spent about an hour together “with no issues,” before the male resident left the suite to run some errands. Sometime between 1 p.m. and 1:35 p.m., Kennedy armed himself with a knife and stabbed and slashed Clowes 44 times about the head and body. The apartment suite resident re- turned home around 3 p.m. and found Clowes dying on the floor. Clowes was rushed to Health Sciences Centre where she died a short time later. Kennedy’s presence in the suite at the time of the killing was confirmed by the male resident and security video. Kennedy was arrested two days later. “There is no good explanation for why (the killing) occurred,” Crown at- torney Carla Dewar said, describing Clowes as another in a long line of vul- nerable Indigenous women to lose their lives to violence. Dewar and defence lawyer Mike Cook jointly recommended Kennedy serve 10 years in prison before he is eligible for parole, the minimum period allowed under the Criminal Code. Cook said Kennedy has a family his- tory of residential school involvement and experienced early exposure to vio- lence and substance abuse. Kennedy also spent years in foster care, where he suffered ridicule and abuse for his sexual orientation. He spent time living on the street, where he traded sex for drugs, Cook said. Kennedy “doesn’t have a clear re- collection of what happened” the day Clowes was killed because he was in- toxicated by drugs, Cook said. “He went there with no malice or in- tent to cause her any harm,” he said. Cook described Kennedy as a kind and timid man. “Unfortunately, on that day in that apartment, a very different Ryan Ken- nedy took hold of a knife and ended the life of Briannah Clowes,” Cook said. Kennedy addressed court, saying Clowes’ family “had every right to hate me.” “I didn’t just ruin my life, I ruined the lives of the ones I love and the ones that were close to Briannah and loved her dearly,” he said. “I’m very sorry for the person I became.” dean.pritchard@freepress.mb.ca DEAN PRITCHARD SUPPLIED Briannah Clowes, 28, is remembered as a former health-care aide and mother of four. JOHN WOODS / FREE PRESS FILES Flowers are placed for Briannah Clowes at the building where she was killed last Halloween. MIKE DEAL / FREE PRESS FILES Recovering in hospital, Rajan Dhalla, 33, was shot seven times during a brazen theft at his home-based jewelry business. PCs argue for right to protect self during home invasion MANITOBA’S Progressive Conserv- atives are calling on Ottawa to amend the Criminal Code, seeking clearer legal protection for Canadians who use reasonable — even deadly — force to defend themselves or their homes from intruders. “Manitobans are witnessing an explo- sion of violent crime across the prov- ince, and across the country as well,” Borderland MLA and PC justice critic Josh Guenter said Thursday. “This is one of those things everyone feels is important, to be able to have that right. This is about protecting innocent life.” Guenter’s resolution in the legisla- ture — which the NDP did not support Thursday — comes after a series of vio- lent home invasions in Winnipeg. In one recent case in Garden City, a suspect broke into a home, stabbed a man in his 80s and assaulted a woman in her 70s as the couple relaxed in their living room. Earlier in October, four masked men stormed a home-based business in the Maples, shooting the owner and his father in the legs while several other family members, including children, were present. Rajan Dhalla, who runs the jewelry business and remains in hospital along with his father, said he supports the resolution. “In the USA, everyone can defend themselves, no one is allowed to come to your property without your permis- sion,” he said. “It should also be a rule here. “Four people came into my home. They messed up everything. My wife is pregnant. We are all so scared. Me and my father were injured. What could we do? We left our country for a better fu- ture here. We started our own business. We do very hard work here. If we are not safe, why are we here?” The debate around self-defence has also intensified nationally. In August, a 44-year-old man in Lindsay, Ont., was charged with as- sault after a home invasion left an in- truder with life-threatening injuries. That case — and a fatal home invasion in Vaughan the following month — prompted Ontario Premier Doug Ford to argue something was “broken” when people cannot protect their families, calling for stronger self-defence laws. Under Section 34 of the Criminal Code, Canadians already have the right to defend themselves, but the force used must be reasonable and not excessive. The law specifies that lethal force generally exceeds legitimate self-de- fence — except in cases where it’s the only means to prevent serious injury or death. Section 34 also lists nine fac- tors courts can consider in determin- ing whether self-defence was justified, including the nature of the threat and whether a weapon was involved. Guenter argued the law’s complexity makes it impractical in moments of im- mediate danger. “They are very reasonable after the fact; we can use those nine questions to examine whether or not reasonable force was used,” Guenter said. “But in that split-second moment where, let’s say, police are on the way … but there is a man in your home advancing on you with a gun or a knife — you have to make a decision now. You’re not going to consider those nine questions. You’re going to do what it takes to defend your- self and your loved ones.” In a statement, Justice Minister Matt Wiebe said the PCs are focusing on gimmicks while his government is get- ting results with its five-point bail plan and successful advocacy to the federal government to strengthen bail and sen- tencing. “Unlike the previous government that froze and cut funding for police, we have made record investments in law enforcement to put more boots on the ground to protect you and your family,” Wiebe said in the statement. “If the PCs actually want to make Manitoba safer, they will stop delaying Bill 48, which would address the meth crisis on our streets.” scott.billeck@freepress.mb.ca SCOTT BILLECK MIKE DEAL / FREE PRESS FILES PC MLA Josh Guenter (Borderland) put forward a resolution Thursday to strengthen Manitoba’s self-defence laws. ‘Four people came into my home. They messed up everything,’ says victim ;