Judge who released man later charged in cop's death weighed Indigenous background

A judge who granted bail to a man later accused of killing an Ontario Provincial Police officer noted his Indigenous background and the over-representation of Indigenous individuals in the correctional system when deciding to release the man from custody.

In audio of the bail hearing, obtained by The Canadian Press through the courts, Justice Harrison Arrell says he understood concerns about Randall McKenzie's violent criminal record at the time but was obligated to give careful consideration to his Indigenous background.

McKenzie was out on bail when he allegedly killed OPP Const. Greg Pierzchala in late December and he is one of two people facing a charge of first-degree murder in the officer's death.

Arrell had granted McKenzie bail in June under strict conditions as he awaited trial in a case where he was accused of assault and a number of weapons charges in an incident involving his son's mother and her boyfriend.

Records indicate a judge issued a warrant for McKenzie's arrest in August when he failed to show up for a scheduled court date.

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Judges are required, when making a bail and sentencing decision, to consider the unique circumstances of an Indigenous person, such as the impacts of colonization, including family separation.

While an accused can ask for a publication ban on a bail proceeding, court records and audio recordings indicate McKenzie did not request a ban.

This report by The Canadian Press was first published Feb. 10, 2023.