The B.C. government has been quick to point to shortcomings in the federal justice system, in response to the horrific case of a Kelowna mother murdered in broad daylight, allegedly by an ex-partner who’d been sentenced and released for violent offences just hours prior.
But it turns out, as new details emerge, it is Attorney General Niki Sharma and the provincial justice system that are on the hot seat for the egregious failures in the case.
A new report by the Canadian Press found neither Crown prosecutor Catherine Rezansoff, nor defence lawyer Cory Armour, objected to Kelowna man James Plover being released from custody on July 4 after being convicted of choking and uttering threats involving an intimate partner (whose identity is protected under a publication ban).
And neither raised any concerns about potential safety risks Plover posed if freed, according to a courtroom recording the news agency reviewed. Instead, the two lawyers discussed how it would take up to 10 weeks to get a psychiatric report due to a backlog caused by a lack of provincial resources. Then, Plover, a former jail guard, was freed.
Fewer than three hours later, Plover’s estranged wife Bailey McCourt was fatally attacked in a busy commercial parking lot just four kilometres from the courthouse. Witnesses told media her attacker pinned her down and attacked her with a hammer.
Plover was later arrested and charged with second-degree murder.
Premier David Eby called the case “horrific” when asked last week, and quickly pivoted to blaming the federal government’s bail and sentencing rules.
“We've been pressing the federal government aggressively to improve our bail system, to make sure that violent offenders are kept behind bars, to protect our community as a whole, and to ensure that intimate partner violence, violence against women in relationships, specifically, was named as an area for bail reform,” said Eby.
“A tragic, timely reminder of the importance of that work, and we hope the federal government works very quickly to get that in place.”
The premier’s parliamentary secretary for gender equity, Jennifer Blatherwick, followed up with a statement later in the week.
“The Attorney General is championing work with the federal government, which is responsible for the Criminal Code, to strengthen bail and sentencing laws, as well as issues that have long been overlooked at the national level, like stronger protections against intimate partner and gender-based violence, and the need to re-evaluate risk in cases involving repeat sex offenders.”
But the new CP report cuts the BC NDP’s blame game out at the knees.
The government’s Crown manual on intimate partner violence mandates prosecutors consider reverse onus provisions to keep people behind bars if they’ve been convicted of an offence where violence was used, threatened or attempted with a weapon. In the case of Plover, his conviction stemmed from “a rage that also saw him destroy a table with a machete” while also choking his victim.
The Crown manual also instructs prosecutors to provide timely information to the victim about any developments, including release.
And it says Crown should “consider any relevant change in circumstances” of the accused in reconsidering release. Plover left the courtroom on July 4 under the same $500 bail and no-contact conditions put in place a full year prior, before he was convicted.
“This lands at the feet of Attorney General Sharma,” said Opposition public safety critic Elenore Sturko.
“The AG needs to explain to all British Columbians but most importantly to the family and friends who had their loved one brutally killed, why didn’t Crown ask for a bail hearing and request remand?
“I’d also like to know if Crown consulted Bailey McCourt before agreeing with the defence to continue his release on previous conditions? If not why and if they did, had she expressed concerns for her safety?”
No answers have been forthcoming from the provincial government, except for its attempts to blame Ottawa.
The current BC NDP government has often patted itself on the back for its work to protect victims of intimate partner violence, saying it’s made historic investments in support and policy.
And yet, one of the most horrific cases of domestic violence and revolving-door justice the province has ever seen occurred on the watch of this government.
You’d think that would be enough for the premier, attorney general and others to be quickly launching a series of reviews into this case, demanding to know if prosecutors are following provincially set policies, and determining what measures the AG can, right away, implement to make sure such a tragedy never happens again.
Instead?
Nothing.
Rob Shaw has spent more than 17 years covering B.C. politics, now reporting for CHEK News and writing for The Orca/BIV. He is the co-author of the national bestselling book A Matter of Confidence, host of the weekly podcast Political Capital, and a regular guest on CBC Radio.
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