“It is one of the worst cases of a failure of the justice system that I’ve ever seen.”
–Elenore Sturko
The horrific murder of a woman in broad daylight on a busy Kelowna street has once again highlighted the many failures of B.C.’s criminal justice system when it comes to keeping criminals behind bars and protecting victims of intimate partner violence.
Bailey McCourt, a mother of two, was beaten to death by a man believed to be wielding a hammer outside of a suburban shopping plaza in the middle of the day on July 4. Her ex-husband, James Plover, was arrested and charged with second-degree murder.
The fact Plover had just been convicted earlier that same day of uttering threats and strangling an intimate partner, but was released pending a future sentencing hearing, has stunned the province.
“It is, in my opinion, one of the worst cases of a failure of the justice system that I’ve ever seen,” Opposition public safety critic Elenore Sturko, who is also a former RCMP officer, said in an interview.
“We know that the victim had even gone to social media to appeal to people who may have had contact with her ex-husband, to provide that information to help bolster her appeal to the authorities, the courts, the police, to help protect her. She felt incredibly unsafe.
“BC Prosecution Service, in fact, did try to argue to have the bail revoked for this person. And the fact that they were released to just brutally in the most cruel way imaginable, murder. This woman was doing everything that she could to protect herself.”
Violent offender released despite conviction
The B.C. government has spent a lot of time talking about its increased protections for victims of intimate partner violence, and its steps to crack down on the so-called revolving door justice system.
But clearly, the failures continue.
A review into intimate partner violence in June contained 21 recommendations to improve legal, community and support services.
Attorney General Niki Sharma also rallied with other provinces to get bail reform from Ottawa last year, including reverse onus provisions for cases of intimate partner violence. So, a person charged in those circumstances would have had to prove why they were not a danger to society if released, instead of vice-versa.
This case, though, is different — it’s worse.
The system failed to keep Plover behind bars not only after being charged, but even after he was convicted.
“That they were still let go after being proven to be a danger is absolutely mind-blowing,” said Sturko.
“It actually makes me feel sick to my stomach and incredibly frustrated.”
‘I told her that she was loved’
Plover was not remanded into custody after being convicted that day, in part because he was still bound by the conditions he faced when originally charged for the 2024 offence, including protection conditions and a $500 bond, reported the Kelowna Capital News.
Hours later, McCourt and a female friend, who survived, were attacked. A witness described the scene to Global Okanagan: “He was putting his body weight on her, hand above his head, coming down with force,” Christopher Anderson told the station.
“I ran up to them. I was yelling at him to get off of her. He got up pretty quickly.”
Anderson said he was left to comfort a dying McCourt as they waited for emergency responders to arrive.
“She was responsive in the fact she was squeezing my hand when I asked if she could hear me,” he said. “I just tried to say as much as I could to her to let (her) know she was safe now… I told her that help was on the way. I told her that she was loved.”
Woman’s murder a ‘tragic, timely reminder,’ says premier
Canada’s premiers, and Prime Minister Mark Carney, signed off on a communique last month that included “reviewing risk assessment for sentencing and release of repeat sex offenders and individuals charged with intimate partner violence and gender-based violence crime” at the urging of Sharma.
She has asked Ottawa to add “public safety” as a consideration that balances out a person’s right to release, among other changes.
“This is horrific,” said Premier David Eby. “To imagine that this happened in the middle of the afternoon in Kelowna, an example of the kind of violence against women we’re seeing, not just in our province, but right across Canada.”
Eby called it a “tragic, timely reminder” of the importance of continued justice reforms.
Sharma deferred comment to her parliamentary secretary for Gender Equity.
The system failed Bailey McCourt
Sturko said provincial and federal policies remain at play. Crown prosecutors did what they were supposed to do. They raised the bail issue in the case, given Plover’s circumstances had changed after he was convicted, but the judge still let him go, said Sturko.
She called for both a coroner’s inquest into the totality of the case, but also for B.C. to demand the repeal of federal Bill C-75, which in 2019 expanded the principle of restraint in bail decisions on keeping people behind bars.
“The time for asking is long gone,” said Sturko. “We need to be shouting this from the rooftops and demanding change.”
“The system that was meant to protect her failed her so horribly.”
Elenore Sturko
McCourt’s mother, Karen Fehr, told CBC News the justice system failed her daughter in every way.
Sturko agrees.
“This was a woman fighting and crowd-sourcing on social media trying to save her own life, and the system that was meant to protect her failed her so horribly, and she was just killed in such a cruel and horrific way,” said Sturko.
“If this doesn’t get into the hearts of every British Columbian to demand change, I honestly don’t know what will.”