Suspect in Killing of OPP Officer Was Out on Bail Due in Part to Indigenous Status: Report

OPP officers escort Const. Grzegorz (Greg) Pierzchala's casket prior to his funeral in Barrie, Ont., on Jan. 4, 2023. (The Canadian Press/Frank Gunn)

One of the suspects in the killing of an Ontario Provincial Police (OPP) officer in late December 2022 was out on bail primarily because of his indigenous identity, which must be specially considered by judges according to federal law, according to a report.

Randall McKenzie, 25, of the Mississaugas of the Credit First Nation was charged with first-degree murder in the death of OPP Constable Grzegorz Pierzchala, who was shot and killed while responding to a routine call about a vehicle in a ditch near Hagersville, Ontario, on Dec. 27, 2022.

McKenzie was a repeat offender who had previously been released from prison and was out on bail. He was prohibited from owning firearms stemming from court orders issued in 2016 and 2018.

A transcript of McKenzie’s bail review hearing in June 2022 was obtained by the Globe and Mail and shows that Ontario Superior Court Justice Harrison Arrell acknowledged that McKenzie’s indigenous status had an influence on his decision.

Federal law requires judges to take into account the circumstances of accused indigenous and other “vulnerable populations” when considering granting bail as a means of addressing “the disproportionate impacts that the bail system has on these populations.”

“The accused is Indigenous,” said Justice Arrell of McKenzie’s bail case, according to the 60-page transcript. “And it is a well-known fact that such individuals are overrepresented in our prison system, especially in pre-trial custody, because of their challenges with poverty, lack of education and addiction issues.”

“All of these factors are present in this case,” he said.

‘System’s Limitations’

Justice Arrell also acknowledged that McKenzie’s release was “iffy” and said the prosecution was rightfully concerned about the possibility of his re-offending.

“I know your first position is he should not be released,” Arrell told the prosecution, “he’s got a record, this was a gun case, this was a lot of violence in the middle of the daylight with his young son right there, a gun was involved, maybe a screwdriver and not a knife … and that he has breached conditions in the past.”

“But I do want to hear from you about what I’m supposed to do, since everyone is First Nations and … we both know native First Nations people are grossly overrepresented in the prison system, especially in pre-trial custody,” Arrell continued.

“I don’t mind telling you it’s a very iffy case, but I do feel my obligation is something I can’t ignore—being a status Aboriginal,” he later added.

Arrell also said he was confident the public would accept the court’s release plan for McKenzie, which included McKenzie being supervised at all times of the day by his 60-year-old mother, and wearing an electronic monitoring bracelet.

The conditions also prohibited McKenzie from using drugs or alcohol and required him report twice a week to Indigenous police on the Six Nations of the Grand River reserve and also to attend counselling sessions.

Since Pierzchala’s death, provincial and territorial premiers along with federal opposition parties and the National Association of Police Chiefs (CACP) have called on the federal government to reform Canada’s bail laws.

“As we mourn the tragic passing of Constable Pierzchala, the criminal justice system’s limitations and ineffective management of chronic and prolific offenders is painfully obvious,” said the CACP in a statement.

Prime Minister Justin Trudeau and members of his cabinet have said they are looking at possible ways to amend the Criminal Code that would address the issue.

A motion for bail reform put forward by the federal Conservatives was defeated 205–116 in the House of Commons on Feb. 6.

Marnie Cathcart contributed to this report.