2 accused in shooting death of OPP Const. Grzegorz Pierzchala await bail hearing

A lawyer for one of the twopeople charged with first-degree murder in the shooting death of Ontario Provincial Police (OPP) Const. Grzegorz Pierzchalasays it's "too early" to make the decision over whether they should be granted bail.

The accused Randall McKenzie, 25, and Brandi Stewart-Speary, 30 made an online appearance Tuesday afternoonbefore Ontario Court of JusticeBruce Phillipsin Cayuga, Ont.

Pierzchalawas shot and killed on Dec. 27 near Hagersvillein Haldimand County,some 45 kilometres southwest of Hamilton,near Mississaugasof the Credit First Nation and Six Nations of the Grand River.

It's unclear when the bail hearing forMcKenzie andStewart-Spearywill take place, but on Tuesdaytheir next court appearance wasset forFeb. 21 inCayuga.

Kim Edward, who is representing Stewart-Speary, said all bail hearings for homicides can only be granted by a Superior Court of Justice and the current case is still in the very early stages.

"It is too early to make that decision without assessing fuller disclosure," she told CBC Hamilton.

The two appeared in courtvia zoom from their respective detention centres. McKenziewas wearing an orange jumpsuit andStewart-Spearywas wearing a green shirt. Both were asked to say their name for the record.

OPP previously said on the dayPierzchala died, he was alone when he responded to a black truck in a ditch around2:30 p.m.and that hewas "only on scene for a very short period of time" before he got shot.

"The officer was essentially ambushed and stood absolutely no chance of being able to defend himself," OPP Commissioner Thomas Carrique previously said, adding the 28-year-old officerdied on the same day he passed his 10-month probation.

Pierzchalawasremembered earlier this month at a funeralattended by thousands in his hometown of Barrie, Ont.

While it's unclear who shot the officer, the decision on whether McKenzie and Stewart-Speary will be released onbail has extra significance because McKenzie was out on bail when Pierzchalawas killed.

Carrique previouslysaid McKenzie was charged with possessing firearms and assaulting a peace officer in December 2021, but was released on bail with numerous conditions including that he was to stay at homeand not possess any firearms.

McKenzie didn't go to court for those charges in September 2022, which prompted police to put a warrant out for his arrest. The warrant was still active at the time of the shooting.

Premiers call for changes to bail system

Pierzchala's deathhas prompted calls for change to the criminaljustice system.

Last week,13 premiers sent a letter to Prime Minister Justin Trudeau, urging him to consider changes to Canada's bail system.

The Jan. 13 letter states they want bail to be harder to get for people accused of charges involving the possession of a loaded firearm that's prohibited or restricted. They also want a review of other gun charges.

"The public safety of Canadians and our heroic first responders cannot wait. The time for action is now," the premiers saidin the letter.

The premiers specifically call for the creation of a "reverse onus" for those charged under Section 95 of the Criminal Code, which includes offences for being in possession of a loaded prohibited or restricted firearm.

This means people charged with those offences would have to show why their detention before a trial isn'tjustified. In most cases,the prosecutors must show why detention is justified.

Canadians have a right under the Charter "not to be denied reasonable bail without just cause."

That said, some experts argue the push for more strict bail reform shiftsenergy away from a focuson structural issues.

"Those problems are complex and deep and have very little to do with that moment at the beginning of the period of what could be somebody's incarceration while they wait for a trial or in order to enter a guilty plea," Mtis lawyer Patricia Barkaskas, an assistantprofessor with the University of Victoria's faculty of law, told CBC News in December.