Did Michael Bryant get a special pass?

The Crown's decision to drop the pending charges against Michael Bryant was a bold but correct choice.

The abrupt conclusion of the case serves as a telling lesson about the presumption of innocence that must be vigilantly protected for everyone charged with a criminal offence.

It also vindicates the decision to bring in a special prosecutor to the case without any connection to any of the parties or government ties.

There will always be those who argue that someone in the high profile position of Michael Bryant is a beneficiary of preferential justice. Indeed, the Crown could have taken the easier route, allowed the matter to proceed to the conclusion of a preliminary hearing and deflected responsibility to a judge to halt the prosecution.

That would have been inconsistent with Mr. Richard Peck's unique role as a prosecutor. It was incumbent upon him to withdraw the charges the moment he appreciated that the case was doomed and no reasonable possibility of conviction could be attained.

The clear recitation of the Crown's explanation for the withdrawal of the charges produced a transparent outcome. This case involved a fatality and the result in the criminal courtroom today at Old City Hall did nothing to minimize the terrible tragedy that ensued.

The only legal threshold that governed the proceedings was whether or not Michael Bryant was guilty of two criminal charges, one of which involved life imprisonment as a maximum sentence. The Crown recognized that the threshold could not be met and acted appropriately.

In other words, justice was served.

Email: skurka@crimlaw.org