The bail system has become a hotly-contested topic across the nation. Residents in Lloydminster and the surrounding area have questions about how the system functions. Recent events have brought these questions back to the forefront.
On Oct. 23, the Maidstone RCMP alerted the public to Sir Brent Habetler’s arrest. Habetler has been in our publication numerous times and faces a variety of charges, including indecent acts, mischief, and now, a breach of a court order. He is currently on release and awaiting another court date late next month.
An incident at the BioClean Centre on Mar. 13, 2023 led to charges of mischief and indecent exposure. The next day, upon release by a Justice of the Peace, he breached those conditions when he appeared outside a daycare. Lloydminster RCMP took him into custody. He then became the subject of another press release on Mar. 21 to warn the public of his high chance of re-offending.
On Nov. 15, 2023, Habelter signed a “Peace Bond” issued by a Lloydminster court. In return, prosecutors dropped the Mar. 13 charges of mischief and indecent exposure.
Some of the conditions of his bond were as follows:
-that he be on good behaviour
-stay away from public pools, daycares, and playgrounds.
Additionally, in April, he fled Bermuda before he could face sentencing for assault and committing an indecent act. The Royal Gazette stated the crown in Bermuda proposed a three-month prison sentence for his crime.
At the time, the Director of Public Prosecutions in Bermuda, Alan Richards, said he deserved a “short sharp shock” of imprisonment. He believed, although the incident was on the lower end of seriousness, it did meet the requirements for a custodial sentence.
Richards observed Habelters’ lack of remorse, failure to appear, and possible breach of a Canadian court order, should also factor into the sentencing that never occurred.
However, upon returning to Canada, he has allegedly violated the Nov. ’23 “court order” when he spoke to a young child at a playground at Sandy Beach Regional Park on Aug. 27, 2024.
These were not his only interactions with police for incidents like this. According to a Mar.26, 2023 story in the Prince George Citizen, authorities accused him of committing similar crimes in 2000 in British Columbia.
He was charged with two counts of indecent exposure, one at a drive-thru restaurant and the other at the Elksentre Arena in Prince George. The court acquitted him of one charge, and the other was dropped after a trial.
Bail or Jail: Prosecution explains the system
The phrase “catch and release” has become a popular saying regarding our current justice system. The Meridian Source recently contacted the Alberta Crown Prosecutors Service (ACPS) regarding bail and prosecution in the province of Alberta. Spokesperson Michelle Davios said prosecutors must meet a certain standard of proof for the case to proceed.
“The Alberta Crown Prosecution Service does not conduct/continue prosecutions unless the evidence establishes a reasonable likelihood of conviction and the matter is in the public interest. This is a higher standard of proof than that of the police,” stated Davios.
“Courts have an even higher standard to meet—before a person may be convicted of any crime, the case must be proven beyond a reasonable doubt. These checks and balances mean it is possible for one standard to be met, but for the case not to proceed at the next more onerous standard.”
According to Davios, they seek fair and just outcomes of all their cases. Additionally, depending on the circumstances, authorities may withdraw charges, issue peace bonds, or use other measures based on the admissible evidence.
However, she directed our inquiries on bail to a recent update on how the ACPS will approach the procedure.
“The ACPS has an internal protocol which guides prosecutorial decision-making,” she said. “This protocol was modified in September 2023 to place additional priority on public safety, paying particular attention to crime caused by repeat violent offenders and gang activity.”
Meanwhile, a press conference last November detailed changes to bail in Alberta. Alberta’s Minister of Public Safety and Emergency Service, Mike Ellis, blamed the federal government for not acting.
“In the absence of needed bail reform from the federal government, Alberta is taking a zero-tolerance approach to ensure citizens are safe and secure in their communities,” stated Ellis. “Violence, social disorder and open-air drug use is unacceptable, and we will do everything in our power to take back our streets and ensure they’re safe for Albertans.”
Additionally, Mickey Amery, the Minister of Justice and Attorney General, clarified the province’s position going forward.
“The position of the Alberta government is absolutely clear: there is no safe haven in Alberta for criminals,” stated Amery. “These changes add to our existing efforts to make sure all criminals, especially repeat violent offenders, are held accountable for their actions.”
Federal and provincial political figures uphold the criminal code and court system responsibilities.
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