Const. James Forcillo being a Toronto police officer is a factor in determining his bail, a Toronto lawyer says, but not because of favouritism.

“He reports every day to the duty desk at 40 College (police headquarters),” Selwyn Pieters told the Star. “He is already being monitored.”

The Charter of Rights and Freedoms entitles anyone to bail, with three exceptions: If the person is unlikely to appear in court, is a threat to his own safety or is a threat to the public’s safety or the administration of justice.

Pieters, who has represented police and the victims of police shootings, explained exactly how Forcillo meets the criteria for being granted bail.

“He would have three or four top-notch sureties,” Pieters said.

“It’s likely that the person charged can be released if they do not pose a flight risk, if they do not have a substantial criminal record or they can intimidate witnesses.”

The fact that Forcillo is part of a large organization dedicated to law enforcement rather than a large criminal organization also works in his favour, Pieters said.

Pieters also cited legal precedent to explain the court’s thinking: “Courts must be careful not to pander to public opinion or to take account of only the overly excitable.”