Accused shouldn't be released on bail to small towns, victims' families say

When people accused of murder or manslaughter are released on bail in big cities, it is unlikely they will cross paths with relatives of the people they are accused of killing — but in small Northern communities, it's almost a certainty.

That issue arose last week in a Yellowknife courtroom, with the release of a man from Fort Good Hope, N.W.T.

Colten McNeely is accused of second-degree murder in the death of Lloyd Edgi last September in Fort Good Hope.

• Murder charge laid in connection to death of Fort Good Hope man
• Crown opposing bail for man accused of murder in Fort Good Hope

Last Monday, a judge released McNeely on $5,000 bail, which was posted by a relative. He's under strict conditions to live at a residence in Norman Wells, another Sahtu community about 136 kilometres from Fort Good Hope, where family connections are common. He has to observe a 7 p.m. curfew, and not consume alcohol or be in any home where there is alcohol.

McNeely was also ordered to not have any contact with 13 people who may be called as witnesses in the case.

As the judge who released him pointed out several times while giving her decision, McNeely, like anyone who is charged with a crime, is presumed innocent. But that's little consolation to the family of Lloyd Edgi.

'It hurt the family all over again'

"How is he released on bail for $5,000 and being sent to a community close by?" said Twyla Edgi-Masuzumi, Lloyd Edgi's cousin. "[Lloyd's] spouse lives over there, and his brother."

"It hurt the family all over again," said another relative of Edgi's, who CBC agreed not to name.

"None of us were notified about it ... Our family still lives there."

The prosecutor in the case, Blair MacPherson, said immediate family members were notified.

"We had discussions with the family the evening of the bail hearing decision, and the day after, before Mr. McNeely was released into the community of Norman Wells," said MacPherson.

"Our position was that he shouldn't be released."

MacPherson pointed out that an RCMP officer was in the courtroom during the bail decision in order to notify RCMP in Norman Wells of the outcome. Under his bail conditions, McNeely is required to report to the detachment on a daily basis.

Similar situation in Fort Liard

The mother of a young girl who died in Fort Liard in 2015 said she has a lot of sympathy for Edgi's family.

The mother can't be identified because of a publication ban.

A year and a half after her daughter died, a youth was charged with manslaughter and sexual assault causing bodily harm in connection with her death. The boy pleaded guilty to the sexual assault charge, and not guilty to the charge of manslaughter. He was released to Fort Liard, a community of about 500 people, after he was charged.

• 'I don't remember': Youth on trial for killing Fort Liard girl testifies in manslaughter case

• Trial will continue for youth accused in Fort Liard girl's death, judge rules

The mother moved out of the community after her daughter's death. She said that was partly because she was worried another one of her children would be harmed.

She said the youth charged in her daughter's death is part of a large family and she was also afraid they would blame her and her family for him being charged.

"It's pretty easy for people to do that, especially in a small community and people with addictions problems," she said.

"It just wasn't safe for me to be there. I just can't imagine what that family is going through in Fort Good Hope. My heart goes out to them."

The woman said people charged with killing others should not be released on bail at all — but if they are released, they should not be allowed to stay in communities where they could come into contact with the relatives of people they're accused of killing.

"If he's going to be released, he should be released in Yellowknife, he should have to find accommodation there," she said.

"When you're charged with a serious crime like murder, I don't think it's OK to be walking around freely."

Accused has a right to bail

The law doesn't take into account the impact releasing an accused person on bail will have on victims' families.

MacPherson, the prosecutor, said when people are accused of murder or manslaughter, emotions run high for both the families of victims and the family of the accused.

He said bail hearings focus on two things — whether the accused person is a flight risk and whether he/she will commit a crime while released, such as trying to influence witnesses in the case.

"The judge has to keep in mind that the accused has a right to reasonable bail, and that's based on the premise that he's presumed innocent until proven guilty," said MacPherson.

"The bail hearing is not to determine guilt. That's at the trial."

The mom of the Fort Liard girl and the family of Lloyd Edgi say the justice system puts the rights of an accused person ahead of the rights of victims.

No date has been set for McNeely's trial. The verdict in the manslaughter charge against the Fort Liard youth is scheduled to be given on Thursday in the community.