MLA Mark Wasyliw defends Winnipeg police officer in court a day after being kicked out of caucus
CBC
A Manitoba MLA was in court defending a Winnipeg police officer against an impaired driving charge on Tuesday, a day after being kicked out of the Manitoba NDP caucus — a move one legal expert says may have allowed the governing party to dodge a potential conflict.
The New Democrats removed Mark Wasyliw, an MLA who is still a practising criminal defence lawyer, from their caucus on Monday, which eliminated what could have been a tough issue for the government to defend, says Andrew Flavelle Martin, an assistant professor at Dalhousie University's law school in Halifax.
"I would have a lot of concerns about an MLA of the governing party representing, in this case, a Winnipeg police officer," Martin said Tuesday.
"I think the reason they gave for taking him out of caucus was terrible and should be very concerning to everybody. But it may be that the fact that he's out of caucus makes the issues less complicated."
The NDP said Monday that Wasyliw, who represents the Fort Garry riding in the legislature, was being removed from caucus because a colleague at the law firm where he works is defending convicted sexual predator Peter Nygard in court — which the NDP caucus chair said was a failure by Wasyliw to "demonstrate good judgment."
On Tuesday, Wasyliw was in a Winnipeg courtroom defending police officer Robin Kipling against a 2021 impaired driving charge.
Kipling, who has pleaded not guilty, was charged following a single-vehicle accident on Sept. 29, 2021. Court heard he was riding his motorcycle when he hit some loose gravel and lost control.
There were no witnesses to the accident and no one else was injured.
Wasyliw closed his arguments by saying the Crown's case had "gaping holes" around a blood sample taken at hospital showing Kipling was over the legal alcohol limit.
Kipling arrived at the hospital by ambulance, but court heard there was no record to show what time the blood sample was taken and no record of who took it.
"They're asking the court to fill in evidentiary gaps," Wasyliw said.
Kipling declined to comment after Tuesday's arguments.
Provincial court Judge Keith Eyrikson reserved his decision.
If Wasyliw was still in caucus, defending a Winnipeg police officer would have raised possible conflict of interest issues given the relationship between government and police, said Dalhousie University's Martin.
