You might find this interesting, even though it's Canadian

[Papa_Complex]

The former Attorney General of Ontario, now also the former head of a Toronto government department to promote the city, recently got in an altercation with an off the clock bicycle courier while driving in downtown Toronto. The bike courier is dead and the former AG has been charged with "criminal negligence causing death" and "dangerous operation of a motor vehicle causing death." The first charge carries a possible life sentence and the second is up to 14 years in prison.

This is the former AG who spearheaded our recent racing and stunting legislation (vehicle seizure and license suspension for a week at the roadside), a 3 day suspension (without having your day in court) for blowing in the 'warn range' for alcohol (0.05 to 0.08), and the ban on breeding of 'pitbulls and pitbull-like dogs.' He is best known for a press conference in which he shouted, "Racers; we will crush your cars! We will crush the parts!"

Bryant's custody stay rapped
STEVE RUSSELL/TORONTO STAR
Former Ontario attorney general Michael Bryant enters police Traffic Headquarters on Hanna Road, Sept. 1, 2009.


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The black suit, baby blue dress shirt and striped lime green tie had already been dropped off at the station before Staff Sgt. Brian Bowman began his shift at 4:30 a.m.

"I've never seen anybody bring a suit – personally – in my 28 years," Bowman said yesterday, when asked if that was unusual.

After spending the night in a police station holding cell, former attorney general Michael Bryant was released around 2:30 p.m. Tuesday without appearing before a judge. He looked tired, but polished, wearing appropriate attire for his news conference outside the station.

Critics claim Bryant – who yesterday quit his chief executive job at Invest Toronto and said he's "innocent of the very serious accusations" – got the VIP treatment.

"Everyone else would have appeared unshaven and dishevelled in bail court, everyone – unless you're a cop, or you're an important politician," said veteran defence lawyer Edward Sapiano yesterday.

But Bryant was not sent to bail court; he was released on his own recognizance and allowed to go home directly from the police traffic services division in Liberty Village. The 43-year-old is being charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death. His first court date is not until Oct. 19.

Bowman, who was in charge of the station much of the time Bryant was in custody, says he was absolutely treated differently – but for good reason.

"It is a complex case. Every person's circumstances are different and they deserve to be treated fairly. It's not black and white," he said.

Bryant probably spent more time in a cell than the average person, because investigators had trouble on the court side of things, due to potential conflict of interest with prosecutors.

"We had to find a Crown that was willing to consult on it," said Sgt. Tim Burrows.

Luckily, prominent B.C. lawyer Richard Peck was already in Brampton attending a meeting dealing with the prosecution of OPP Sgt. Michael Rutigliano. Peck met with Toronto police at Old City Hall provincial court Tuesday morning to discuss what the appropriate charges might be.

On Monday around 9:30 p.m., Bryant and his wife were driving along Bloor St. when they were involved in a "minor" incident with a cyclist. Witnesses allege the cyclist, Darcy Allan Sheppard, chased Bryant and grabbed hold of the driver's side door. Police allege Bryant took off, crossed into the oncoming lane and mounted the curb, dragging the cyclist along. Sheppard eventually fell between 50 and 100 metres down the road, after he struck a mailbox and a tree, witnesses say. He died later.

Investigators considered a range of possibilities – from letting Bryant off completely all the way up to manslaughter.

Homicide detectives were brought in for support. As was the elite intelligence unit, who is called in to handle cases involving VIPs – a police classification for high-profile residents or visitors.

Burrows said the unit was involved for technical reasons – they can convert encrypted surveillance footage so it can be viewed on regular computers.

Several high-ranking police officials also noted that this was going to be a case examined under a microscope. Bryant has reportedly commissioned a parallel investigation of the events, including his own forensics team, some officers have been told.

"This is a guy with resources. He's one of the best legal minds in the country. Everyone was just taking their time to make sure things were done right," said one official.

Burrows said each arrest is dealt with on a case-by-case basis. "This is not the first time where we've had a person killed in a motor vehicle collision where we've released the accused in the exact same circumstances with similar or the same charges," he said. "When we deal with the releases, that comes right from the Criminal Code."

Once an accused has been identified and all possible evidence has been gathered, and if they are not a threat to the public and investigators are confident the person will go to court, they must be released.

Defence lawyer David Midanik said bringing fresh clothes to a police station for an accused is a little unusual. "I think your average street criminal would not be given that indulgence.

"He was definitely treated less harshly than most people charged with that offence," Midanik added.

Lawyer Joseph Neuberger, who handles many motor vehicle cases, said he did not find Bryant's treatment unreasonable, although it may have been unusual considering there was a death in the case.

On his release from a police station, he said, "No doubt, who he is and what position he had in the community played a factor. He is a former attorney-general, member of the provincial legislature. He's a lawyer. He's well-respected, a contributing member of the community. I'm sure that was a factor. I don't think that's a bad thing."

Lawyer Jonathan Rosenthal speculated his release might have been dictated by practical considerations, because all the provincial Crowns, judges and justices of the peace likely to deal with the case were appointed by provincial attorneys-general.

As far as the suit and the shave, Staff Sgt. Bowman has a simple answer:

"Like everyone, he had the opportunity to use the washroom before leaving for whatever purposes he wanted."