Legal experts question Calgary officer’s same-day bail in double murder case, raising concerns over fairness and public confidence in the justice system.
Veteran Officer Charged in Double Homicide
Calgary Police Const. Craig Stothard, 51, was charged Tuesday with two counts of second-degree murder following a police-involved shooting in May 2023 that left two men dead. The charges were laid by Alberta’s Serious Incident Response Team (ASIRT) after a two-year investigation into the incident.
Shooting Followed Prolonged Pursuit
The fatal encounter occurred on May 29, 2023, when Calgary police engaged in a slow-speed pursuit of an allegedly stolen cube van along Memorial Drive. According to investigators, approximately 45 minutes into the chase—and after multiple unsuccessful attempts to stop the vehicle—shots were fired by an officer. The shooting resulted in the deaths of Wesley Davidson and Levon Boyce Fox.
Bail Granted Within Hours of Arrest
Stothard was released on bail the same day he was arrested—a development that has drawn sharp criticism from members of Alberta’s legal community. His release came following a same-day appearance before Court of King’s Bench Justice Nick Devlin, with the consent of Edmonton prosecutor Jeff Rudiak. Such expedited proceedings are considered highly unusual, particularly for a double homicide case involving a reverse onus bail hearing.
Legal Experts Question Equal Treatment
“This is unheard of,” said Paul Moreau, former prosecutor and past president of the Criminal Trial Lawyers Association. “Getting before a King’s Bench judge on short notice is extremely rare.” Senior defence lawyer Jim Lutz echoed the concern, comparing Stothard’s treatment to a recent case where his client waited six weeks for a similar hearing.
Lutz argued that the officer’s rapid release sends the wrong message: “I’m not sure how we can justify two tiers of justice in this particular instance.”
Prior Coordination Alleged Between Crown and Defence
Legal observers, including Calgary Defence Lawyers’ Association President Kelsey Sitar, suggest that same-day bail was only possible due to prior coordination between Crown and defence counsel. Sitar estimates the typical wait time for a King’s Bench appearance ranges from two to four weeks, if not longer.
ASIRT confirmed it had worked with both parties to “ensure the officer was arrested and brought before the Court in the most efficient manner possible.”
Concerns Over Public Confidence in Justice
While acknowledging the competence of Stothard’s legal representation, Lutz stressed the broader implications. “The decisions that courts make as to bail have to preserve and enhance public confidence,” he said. “Anything which lends the appearance of a two-tiered system does the opposite.”
ASIRT Director Mike Ewenson defended the process, stating that prompt bail proceedings can help reduce court delays and advance the case more efficiently.
Crown Denies Preferential Treatment
The Alberta Crown Prosecution Service rejected claims of bias, stating in a written response that “speculation hinting at unfairness in the handling of this file is without merit.” The agency noted that timelines for court appearances vary due to a range of factors.
Stothard, a 15-year member of the Calgary Police Service, is currently on leave. His legal counsel, Don MacLeod, declined to comment on the timing of the bail hearing but confirmed that the officer “maintains his innocence and intends to mount a full and vigorous defence.”
Stothard is scheduled to return to court in August.
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