Latest news with #bailreform
Yahoo
4 days ago
- Yahoo
Father speaks out after son critically injured in crash allegedly involving 5-time impaired driver
A Bolton, Ont., father says he is angry and disappointed after his son was critically injured in a Brampton crash allegedly caused by a five-time repeat impaired driver, who has been released on bail. Riz Arshad, father of Gabriel Arshad, 21, said he would like people to reach out to their MPs to demand bail reform. Peel Regional Police said the accused, 58-year-old Koushal Kasiram of Mississauga, was released on bail on the condition that he not drive a motor vehicle. At the time of the crash on July 5, police said, he had five previous impaired driving convictions dating back to 2010 and was on three separate lifetime driving bans. Arshad said he couldn't believe Kasiram was released on bail. He said what happened to his son was terrible enough but when he learned about the bail, he felt it added "insult to injury" because Kasiram most likely shouldn't have been on the road. "I don't understand what the thinking there was. My son's going to be here for probably months, if we're lucky. And this guy was out the next day, enjoying his family, doing what he does every day and potentially putting his little incident behind him. We were very disappointed," he said. "We are very angry that he had this opportunity to potentially do it again. It's very discouraging." "We need to keep these guys in jail and show them that we're serious. This is a serious thing that they are doing. They are taking people's lives in their hands ... The justice system has to realize that by letting this guy out, he's putting other people at risk now." Kasiram has been charged with one count of impaired driving causing bodily harm, one count of driving with excess blood alcohol and three counts of prohibited driving. Under the Charter of Rights and Freedoms, accused people in Canada have the right to bail unless there is a very compelling reason to keep them in custody. Granting them bail means they can remain out of jail, often with specific conditions, while their case moves through the justice system — a process that can take many months. Several provincial governments and police associations have been calling upon the federal government to re-examine and revise the bail system. Advocates have pointed out the vast majority of people in Ontario jails have been denied bail and are awaiting trial. Victim likely to have 'life-altering injuries': police Gabriel has been at Sunnybrook Health Sciences Centre since the crash. He was driving on Highway 50 between Brampton and Bolton when he was struck. The crash, involving four vehicles, happened at the intersection of Highway 50 and Coleraine Drive around 4:15 p.m. In a news release on July 10, Peel Regional Police said Gabriel is likely to have "long-term life-altering injuries." Two other people were injured. Arshad said he is hoping for the best and his son remains in a coma and has had three surgeries already to fix the damage to his stomach. "But he's still got a bunch of stuff to go. He's got a bunch of broken bones and, unfortunately, some serious head injury that he has to try to get overcome." Arshad said his son, his third child, is a "good kid" with lots of friends and a generous person. He was a volunteer soccer coach and has dreams of being a plumber. "Hopefully, he's going to get to live some of those dreams he had. I hope he gets his second and third chance as well." The family meanwhile is still in shock, said Arshad. He said the first two days were "very, very scary," but Gabriel's condition seems to have slightly improved. He said he and his wife have been by his son's side in the intensive care unit every day. Gabriel has two older sisters and a younger brother. "I strongly feel I'm going to take my son home. You know, it's not going to happen overnight... but I feel like we're going to take him home," he said. 'Some people shouldn't be released,' MADD Canada says Steve Sullivan, CEO of MADD Canada, said on Monday the decision to release Kasiram was "quite surprising" to the organization. "The assumption is always that people will get bail because everyone is innocent until proven guilty, but we do know, practically, that some people shouldn't be released," he said. In Canada, it's up to police and prosecutors to make the case against granting bail, although murder and certain other offences have a "reverse onus," meaning the accused has to convince the court to release them. In early 2024, the federal government's amendments to bail provisions under the Criminal Code came into effect, focusing on repeat violent offenders who used weapons. The changes also broadened the reverse onus targeting repeat offenders of intimate partner violence, but did not focus on offenders repeatedly convicted of impaired driving. According to the government's website, however, the changes do "require courts to state on the record for any bail decision that they have considered the safety and security of the community in relation to the alleged offence, thereby increasing accountability to the public." Sullivan said it is a challenge for the criminal justice system to deal with individuals who keep repeating behaviour that puts others at risk. "Sadly, allegedly in this case, we've now seen this person continue his behaviour until he's caused someone else serious harm, again respecting the right to be presumed innocent. This is what you don't want to happen," he said. "I think our system struggles sometimes with those people who you just can't get the message through and how do you deal with that ongoing risk?" Sullivan said he assumes the accused has a drinking problem and hopes he has been offered rehabilitation. He said better solution to a lifetime driving prohibition is the installation of a lifetime ignition interlock device — a screening device that can prevent an engine from starting if it detects a driver has alcohol in their system. It is illegal in Canada for a driver to operate a vehicle if impaired by alcohol, drugs or both. Drivers with a blood alcohol concentration of 0.08 per cent are considered impaired under the Criminal Code and subject to potential charges. For young, novice or commercial drivers, no alcohol can be present in the system while operating a vehicle.
Yahoo
4 days ago
- Yahoo
Father speaks out after son critically injured in crash allegedly involving 5-time impaired driver
A Bolton, Ont., father says he is angry and disappointed after his son was critically injured in a Brampton crash allegedly caused by a five-time repeat impaired driver, who has been released on bail. Riz Arshad, father of Gabriel Arshad, 21, said he would like people to reach out to their MPs to demand bail reform. Peel Regional Police said the accused, 58-year-old Koushal Kasiram of Mississauga, was released on bail on the condition that he not drive a motor vehicle. At the time of the crash on July 5, police said, he had five previous impaired driving convictions dating back to 2010 and was on three separate lifetime driving bans. Arshad said he couldn't believe Kasiram was released on bail. He said what happened to his son was terrible enough but when he learned about the bail, he felt it added "insult to injury" because Kasiram most likely shouldn't have been on the road. "I don't understand what the thinking there was. My son's going to be here for probably months, if we're lucky. And this guy was out the next day, enjoying his family, doing what he does every day and potentially putting his little incident behind him. We were very disappointed," he said. "We are very angry that he had this opportunity to potentially do it again. It's very discouraging." "We need to keep these guys in jail and show them that we're serious. This is a serious thing that they are doing. They are taking people's lives in their hands ... The justice system has to realize that by letting this guy out, he's putting other people at risk now." Kasiram has been charged with one count of impaired driving causing bodily harm, one count of driving with excess blood alcohol and three counts of prohibited driving. Under the Charter of Rights and Freedoms, accused people in Canada have the right to bail unless there is a very compelling reason to keep them in custody. Granting them bail means they can remain out of jail, often with specific conditions, while their case moves through the justice system — a process that can take many months. Several provincial governments and police associations have been calling upon the federal government to re-examine and revise the bail system. Advocates have pointed out the vast majority of people in Ontario jails have been denied bail and are awaiting trial. Victim likely to have 'life-altering injuries': police Gabriel has been at Sunnybrook Health Sciences Centre since the crash. He was driving on Highway 50 between Brampton and Bolton when he was struck. The crash, involving four vehicles, happened at the intersection of Highway 50 and Coleraine Drive around 4:15 p.m. In a news release on July 10, Peel Regional Police said Gabriel is likely to have "long-term life-altering injuries." Two other people were injured. Arshad said he is hoping for the best and his son remains in a coma and has had three surgeries already to fix the damage to his stomach. "But he's still got a bunch of stuff to go. He's got a bunch of broken bones and, unfortunately, some serious head injury that he has to try to get overcome." Arshad said his son, his third child, is a "good kid" with lots of friends and a generous person. He was a volunteer soccer coach and has dreams of being a plumber. "Hopefully, he's going to get to live some of those dreams he had. I hope he gets his second and third chance as well." The family meanwhile is still in shock, said Arshad. He said the first two days were "very, very scary," but Gabriel's condition seems to have slightly improved. He said he and his wife have been by his son's side in the intensive care unit every day. Gabriel has two older sisters and a younger brother. "I strongly feel I'm going to take my son home. You know, it's not going to happen overnight... but I feel like we're going to take him home," he said. 'Some people shouldn't be released,' MADD Canada says Steve Sullivan, CEO of MADD Canada, said on Monday the decision to release Kasiram was "quite surprising" to the organization. "The assumption is always that people will get bail because everyone is innocent until proven guilty, but we do know, practically, that some people shouldn't be released," he said. In Canada, it's up to police and prosecutors to make the case against granting bail, although murder and certain other offences have a "reverse onus," meaning the accused has to convince the court to release them. In early 2024, the federal government's amendments to bail provisions under the Criminal Code came into effect, focusing on repeat violent offenders who used weapons. The changes also broadened the reverse onus targeting repeat offenders of intimate partner violence, but did not focus on offenders repeatedly convicted of impaired driving. According to the government's website, however, the changes do "require courts to state on the record for any bail decision that they have considered the safety and security of the community in relation to the alleged offence, thereby increasing accountability to the public." Sullivan said it is a challenge for the criminal justice system to deal with individuals who keep repeating behaviour that puts others at risk. "Sadly, allegedly in this case, we've now seen this person continue his behaviour until he's caused someone else serious harm, again respecting the right to be presumed innocent. This is what you don't want to happen," he said. "I think our system struggles sometimes with those people who you just can't get the message through and how do you deal with that ongoing risk?" Sullivan said he assumes the accused has a drinking problem and hopes he has been offered rehabilitation. He said better solution to a lifetime driving prohibition is the installation of a lifetime ignition interlock device — a screening device that can prevent an engine from starting if it detects a driver has alcohol in their system. It is illegal in Canada for a driver to operate a vehicle if impaired by alcohol, drugs or both. Drivers with a blood alcohol concentration of 0.08 per cent are considered impaired under the Criminal Code and subject to potential charges. For young, novice or commercial drivers, no alcohol can be present in the system while operating a vehicle.
CTV News
5 days ago
- CTV News
No talk of custody when B.C. man was convicted of choking. Then, his ex-partner was killed.
Bailey McCourt, 32, is seen in an undated image. When James Plover was convicted on July 4 of choking someone and uttering threats, in a rage that also saw him destroy a table with a machete, his defence lawyer and the prosecutor took no issue with delaying his sentencing for up to 10 weeks, pending a psychiatric report. In the meantime, the former jail guard was to be released, and a recording of the hearing in a provincial court in Kelowna, B.C., suggests there was no discussion in light of his conviction of potential risks he posed out of custody — he had already been out on $500 bail, with conditions, ahead of his hearing. Less than three hours after the court adjourned, police were called to a parking lot about four kilometres from the courthouse, where Plover's estranged wife, Bailey McCourt, was gravely injured in an attack. She later died and Plover has been charged with second-degree murder in the killing. The identities of the victims in Plover's previous case are the subject of a publication ban. The death of McCourt in the parking lot attack that also seriously injured another woman has galvanized advocates for bail reform and better protection for victims of intimate partner violence. Protesters including McCourt's mother rallied outside the Kelowna court complex last week on the day of Plover's appearance on the murder charge. In the recording of the July 4 hearing reviewed by The Canadian Press, provincial court judge David Ruse says Plover's relationship with the choking victim had been deteriorating in June 2024 and was 'described as terrible, tumultuous and stressful.' Ruse said Plover and the victim became embroiled in a heated argument, and he choked the complainant as evidenced by neck bruising shown in photographs presented to the court. Ruse said in his oral reasons for judgment that Plover denied making threats to kill anyone other than himself, and he attempted suicide after the violent altercation. The judge said Plover at one point grabbed a machete and destroyed a dining room table and other items of 'emotional value' to the complainant, and called his parents to whom he expressed 'suicidal ideations.' The judge said Plover's mother attended the scene, and acted as an 'intermediary' between him and police before he was arrested. Ruse said Plover had testified that the choking incident was in 'self-defence,' and he had been 'mortified' by his actions to the point of wanting to take his own life. The judge didn't accept Plover's evidence. 'This self-loathing for his own actions is inconsistent with his destruction of things that he knew were precious to the complainant,' Judge Ruse said. 'These acts of destruction are consistent with anger directed at the complainant.' Ruse said the complainant did exaggerate at times, including testifying that 30 police cars had responded to the scene, when the judge said there were about a dozen. But the judge accepted the complainant's evidence and found the Crown proved beyond a reasonable doubt that Plover had uttered threats that 'were consistent with an intention to manipulate or control the complainant.' The court hearing turned to a discussion of a pre-sentence report for Plover after Ruse's reasons concluded, and defence lawyer Cory Armour said he and Crown prosecutor Catherine Rezansoff agreed that there would be 'some benefit' to Plover undergoing a psychiatric assessment. Rezansoff told the court of a potential weeks-long wait for the report due to a 'backlog,' and Armour said there was no issue with delays of up to 10 weeks since his client had been convicted. The court set Plover's next court date for mid-September, and the hearing adjourned around 9:56 a.m. Just before 1 p.m., Kelowna RCMP say they received a report about an assault with a weapon, in the attack on McCourt and the other woman. Plover was arrested and charged with second-degree murder the next day. Lawyer Armour did not respond to a request for comment. An online resume says Plover previously worked as a jail guard for the City of Kelowna and Penticton, and says he has an associate degree in criminal justice from Okanagan College. The City of Kelowna and the Kelowna RCMP confirmed in emailed statements that Plover was employed by the Commissionaires, which was contracted by the city jail guard services. 'He worked as a cell guard at the Kelowna RCMP detachment between June 2017 and November 2018,' the city's statement said. The Commissionaires BC said in an emailed statement that Plover worked for them between 2016 and 2018 before resigning. 'During his time with us, Mr. Plover held an Enhanced Reliability Clearance, which is a federal-level clearance that requires extensive background investigations, including checks on character references, employment history, financial integrity, and criminal records,' the Commissionaires BC said in a statement. 'This level of clearance is only granted to individuals who meet rigorous credibility and trustworthiness standards, and it is monitored throughout the duration of employment.' 'We categorically condemn all forms of harassment, violence, and spousal abuse,' its statement said. More recently Plover worked as a manager at a Kelowna Boston Pizza, including the night before the 2024 attack. The restaurant's owners, who were listed as references on the resume, declined to comment on Plover's time working there. Plover's resume lists one of his skills as 'conflict management.' This report by, Darryl Greer, The Canadian Press was first published July 15, 2025.
CBC
5 days ago
- CBC
Father demands bail reform after son critically injured by repeat impaired driver
A Bolton, Ont., father says his family is "very angry" after a five-time repeat impaired driver who allegedly critically injured his son was released on bail. As CBC's Tyler Cheese explains, the victim's father is calling on the public for help to change the system.
CBC
5 days ago
- CBC
Father speaks out after son critically injured in crash allegedly involving 5-time impaired driver
A Bolton, Ont., father says he is angry and disappointed after his son was critically injured in a Brampton crash allegedly caused by a five-time repeat impaired driver, who has been released on bail. Riz Arshad, father of Gabriel Arshad, 21, said he would like people to reach out to their MPs to demand bail reform. Peel Regional Police said the accused, a 58-year-old Mississauga man, was released on bail on the condition that he not drive a motor vehicle. At the time of the crash on July 5, police said, he had five previous impaired driving convictions dating back to 2010 and was on three separate lifetime driving bans. Arshad said he couldn't believe the accused was released on bail. He said what happened to his son was terrible enough but when he learned about the bail, he felt it added "insult to injury" because the man most likely shouldn't have been on the road. "I don't understand what the thinking there was. My son's going to be here for probably months, if we're lucky. And this guy was out the next day, enjoying his family, doing what he does every day and potentially putting his little incident behind him," he said. "We were very disappointed. "We are very angry that he had this opportunity to potentially do it again. It's very discouraging," he added. "We need to keep these guys in jail and show them that we're serious. This is a serious thing that they are doing. They are taking people's lives in their hands.... The justice system has to realize that by letting this guy out, he's putting other people at risk now." The accused has been charged with one count of impaired driving causing bodily harm, one count of driving with excess blood alcohol and three counts of prohibited driving. Under the Charter of Rights and Freedoms, accused people in Canada have the right to bail unless there is a very compelling reason to keep them in custody. Granting them bail means they can remain out of jail, often with specific conditions, while their case moves through the justice system — a process that can take many months. Several provincial governments and police associations have been calling upon the federal government to re-examine and revise the bail system. Advocates have pointed out the vast majority of people in Ontario jails have been denied bail and are awaiting trial. Victim likely to have 'life-altering injuries': police Gabriel has been at Sunnybrook Health Sciences Centre since the crash. He was driving on Highway 50 between Brampton and Bolton when he was struck. The crash, involving four vehicles, happened at the intersection of Highway 50 and Coleraine Drive around 4:15 p.m. In a news release on July 10, Peel Regional Police said Gabriel is likely to have "long-term life-altering injuries." Two other people were injured. Arshad said he is hoping for the best and his son remains in a coma and has had three surgeries already to fix the damage to his stomach. "But he's still got a bunch of stuff to go. He's got a bunch of broken bones and, unfortunately, some serious head injury that he has to try to get overcome." Arshad said his son, his third child, is a "good kid" with lots of friends and a generous person. He was a volunteer soccer coach and has dreams of being a plumber. "Hopefully, he's going to get to live some of those dreams he had. I hope he gets his second and third chance as well." The family meanwhile is still in shock, said Arshad. He said the first two days were "very, very scary," but Gabriel's condition seems to have slightly improved. He said he and his wife have been by his son's side in the intensive care unit every day. Gabriel has two older sisters and a younger brother. "I strongly feel I'm going to take my son home. You know, it's not going to happen overnight,... but I feel like we're going to take him home," he said. 'Some people shouldn't be released,' MADD Canada says Steve Sullivan, CEO of MADD Canada, said on Monday the decision to release the accused was "quite surprising" to the organization. "The assumption is always that people will get bail because everyone is innocent until proven guilty, but we do know, practically, that some people shouldn't be released," he said. In Canada, it's up to police and prosecutors to make the case against granting bail, although murder and certain other offences have a "reverse onus," meaning the accused has to convince the court to release them. In early 2024, the federal government's amendments to bail provisions under the Criminal Code came into effect, focusing on repeat violent offenders who used weapons. The changes also broadened the reverse onus targeting repeat offenders of intimate partner violence, but did not focus on offenders repeatedly convicted of impaired driving. According to the government's website, however, the changes do "require courts to state on the record for any bail decision that they have considered the safety and security of the community in relation to the alleged offence, thereby increasing accountability to the public." Sullivan said it is a challenge for the criminal justice system to deal with individuals who keep repeating behaviour that puts others at risk. "Sadly, allegedly in this case, we've now seen this person continue his behaviour until he's caused someone else serious harm, again respecting the right to be presumed innocent. This is what you don't want to happen," he said. "I think our system struggles sometimes with those people who you just can't get the message through and how do you deal with that ongoing risk?" Sullivan said he assumes the accused has a drinking problem and hopes he has been offered rehabilitation. He said better solution to a lifetime driving prohibition is the installation of a lifetime ignition interlock device — a screening device that can prevent an engine from starting if it detects a driver has alcohol in their system. It is illegal in Canada for a driver to operate a vehicle if impaired by alcohol, drugs or both. Drivers with a blood alcohol concentration of 0.08 per cent are considered impaired under the Criminal Code and subject to potential charges. For young, novice or commercial drivers, no alcohol can be present in the system while operating a vehicle.
