|
Police: Calgary
| Winnipeg |
Saskatoon | Halifax | Toronto |
2005: Tom
Engel | Tom
Engel: the Edmonton lawyer cops love to hate | Previous
Edmonton police stories 2005 Edmonton
Police and the sting scandal | Abdulahi
Mahamad | Kerry Diotte |
Tasering Randy Fryingpan | Edmonton police on U.S. State
Department Bad Cop list for violating human rights | 2005:
Inquiries | Chief Da Costa responds to
racist e-mail inside force
Sex trade arrests upset
advocate
Canadian Press, December
13, 2004
EDMONTON (CP) -- An advocate
for sex trade workers says a police sting that charged 55 prostitutes
with drug-related offences targeted the most vulnerable people
in society. And, the advocate suggests, it could harm relationships
police have been cultivating with hookers as they investigate
the city's string of unsolved prostitute murders.
Officers involved in the sting,
called Operation Girl-Interrupt, approached sex workers looking
to buy drugs. Fifty-one women and four men were charged with
97 drug-related offences.
Police said the sting was done
in response to numerous complaints from residents and business
owners in several inner-city communities about crime and traffic
due to prostitutes and drugs in their neighbourhoods.
But Kate Quinn, executive director
of the Prostitution Action and Awareness Foundation of Edmonton,
said she has been told most of those charged have been denied
bail and their first court appearances aren't scheduled until
March.
Quinn said harassing prostitutes
won't get them to change their lifestyles when the root causes
of prostitution -- poverty and addictions -- haven't been addressed.
© The StarPhoenix (Saskatoon) 2004
People's
cops!
Police probes will soon have civilian oversight
By JERRY WARD AND ANDREA
SANDS, EDMONTON SUN, Dec. 2004
The Alberta government will
soon introduce legislation to create a civilian oversight committee
to review findings of internal police investigations, the Sun
has learned. Solicitor General Harvey Cenaiko, a former Calgary
police officer, said the new law will be made public when the
legislature resumes sitting, likely in mid-February.
"We're looking at proposals
from all the police commissions, all the chiefs of police ..."
Cenaiko told the Sun yesterday, after meeting with Edmonton Police
Commission chairman Martin Ignasiak.
"We will be putting some
civilian oversight in place, yes.
"It's not in the Police
Act right now, but hopefully in the spring legislature."
One option being explored is
the creation of a committee made up of a retired judge, a retired
Crown prosecutor and a retired cop to review the findings of
internal investigations.
The committee would not conduct
the investigations themselves, but would review outcomes.
Ignasiak has long pushed for
more civilian oversight.
"(Cenaiko) struck me as
someone who has a solid understanding of the issues and, like
me, he is keen on having a public complaints process that will
promote public confidence in our police service," Ignasiak
said.
"I think everyone who's
familiar with this issue knows that it should be done sooner
rather than later, and I'm really encouraged by his energy and
enthusiasm."
Edmonton Police Association
president Staff Sgt. Peter Ratcliff says his members will accept
the idea of an oversight body to review serious cases where a
member of the public is hurt or killed.
"As long as it doesn't
replace what's already there, as long as it's designed as an
oversight body to ensure that transparency is there and that
the investigations are done in a timely manner and appropriate
manner, and are reviewed to ensure that everything that needs
to be done is (done) - we don't have any problem with that,"
Ratcliff said.
After being sworn-in as a cabinet
minister last month, Cenaiko said one of his first priorities
was to update the 17-year-old Alberta Police Act - including
the way civilians file complaints against police officers.
Recently, city police have
been accused of targeting Ignasiak and Sun columnist Kerry Diotte
in an impaired-driving sting at a downtown lounge.
Two internal police probes
related to the Nov. 18 incident are currently being conducted
by EPS Insp. Rick Bohachyk.
Edmonton
Police
from e-mail received December
11, 2004:
. . .Also here in Edmonton
we have a unique Edmonton Police Commission.
The executive director , Robert Dolsky is on sick leave and the
City has hired a vastly overpaid temporary consultant, one John
Acheson. His salary is reported to be $ 600.00 per day.
Almost as much as our vastly
overpaid Police Chief, Fred Rayner @ $ 199,000.00 annual.
Not to mention our (four) deputy chief's at $ 158,000.00 annual.
But I digress.
our Police Commission Chair, Mr. Martin Iqnasiak, recently won
a multi million dollar lawsuit against the City of Edmonton for
a local Hotel. (The Sands) Mr Ignasiak, a lawyer continues
to practice law in spite of his rather sensitive position. Correct
me if i'm wrong here but is this not some kind of conflict of
interest. The optics don't seem right somehow.
Perhaps in further submissions we should expand our areas of
interest to include not only bad police and judges but
the enviroment of appeal that is suspect like these fine citizens
on the Edmonton Police commission.. . . .
Some truth to Ignasiak
claim: ex-chief
By ANDREA SANDS, CITY
HALL BUREAU, December 4, 2004
A former police chief says
there's "some truth" to the Edmonton Police Commission
chairman's argument that people who question cops are painted
as enemies of the force. "I think there is some truth to
that," Doug McNally acknowledged this week after commission
chairman Martin Ignasiak - often slammed for publicly questioning
cops - decided to step back from a controversial police probe.
In a recent memo to Chief Fred
Rayner, Ignasiak also questioned whether police "culture"
might have contributed to an allegedly inappropriate surveillance
operation last month at the Overtime Broiler and Taproom, 10304
111 St.
"I think there is a culture
within police organizations, but it's different from organization
to organization," McNally said.
"One of the cultures that
you constantly want to battle against as a police administrator
is the culture that says, 'My job is law enforcement,' when in
actual fact the job is much, much broader than that."
Cops in Edmonton should prevent
crime by working with citizens to create peaceful neighbourhoods
through community policing, McNally said. Ignasiak has sparked
important debate about how community policing is delivered, he
said.
"I'm certainly supportive
of the commission asking those tough questions. I firmly believe
the administration is providing the appropriate responses and
I hope the (Edmonton Police) Association begins to understand
that is indeed the role of both parties."
Ignasiak has been the target
of heavy criticism - especially from the police union - for speaking
out about controversial issues such as cop chases and Taser use.
He has also recently come under
fire while speaking for the commission about the high-profile
Overtime drunk-driving investigation in which he is directly
involved.
Police announced last week
that a probe will examine complaints about the Overtime operation
that allegedly targeted Ignasiak and a Sun columnist for political
reasons.
In a Thursday speech, Ignasiak
argued that public debate "without fear of censure or retribution"
is necessary to improve the police service. "It doesn't
mean one of us is anti-police and the other is pro-police,"
Ignasiak said.
Ignasiak
questions 'mindsets'
By ANDREA SANDS, CITY HALL
BUREAU, Dec.3. 2004
If police improperly targeted
two of their critics in a stakeout last month, Chief Fred Rayner
should publicly explain whether cop "culture" allowed
it to happen, says a leaked memo to the chief from the Edmonton
Police Commission chairman. In the Tuesday letter, Martin Ignasiak
said the commission expects "a detailed report" tomorrow
about the Nov. 18 stakeout that allegedly targeted Ignasiak and
Sun columnist Kerry Diotte. The commission also expects details
about a news release issued three days later, the memo said.
"What are the cultural
factors around the alleged events ... if there is truth to them,
that would allow such an incursion into the fundamental role
and responsibility of the media and of civilian authority over
the policing program in this city?" said the memo. "Are
there attitudinal mindsets within the Edmonton Police Service
that would want to unilaterally change the role of the police
in a free and democratic society?"
The memo goes on to note that
"if there is an authentic basis" for concerns about
police culture, it will likely "relate only to a small segment
of the service."
Rayner announced last week
that a two-pronged police probe will study allegations around
the police operation at the Overtime Broiler and Taproom, 10304
111 St.
The investigation will be reviewed
by a senior Calgary officer and is not expected to be finished
by tomorrow.
But Ignasiak's letter urged
the chief to publicly comment on the issue after an informal
meeting with the commission, to bolster public confidence in
police. Rayner need not identify the officers under investigation
but should address several questions, including at what level
the alleged sting was authorized "and why it was called
off when I left the Overtime despite the fact that there were
dozens more people in the bar and cars in the parking lot,"
Ignasiak wrote.
Police commissioners Jane Batty
and Dave Thiele said they don't believe Rayner should be pressed
to publicly comment tomorrow before the police investigation
is done.
"I believe Martin (Ignasiak)
should step aside on this issue," said Thiele.
Witnesses still to be
interviewed in sting investigation
CBC, Dec 3, 2004
Edmonton - The police commission
and the public will have to wait for the results of an investigation
into an alleged sting targeting the commission's chairman and
a newspaper columnist.
Police Chief Fred Rayner cancelled an appearance before the commission
Friday afternoon, saying the investigation isn't complete.
In a news release, police say
investigators are still waiting for more witness statements and
that "the quality of the investigation will not be sacrificed
for the sake of expediency."
Thursday, commission chairman
Martin Ignasiak stepped aside as the spokesman on the issue,
saying his involvement has become "sort of a distraction."
Commission member John Brosseau,
who temporarily takes over as spokesman, says he doesn't know
when the investigation will be completed.
"I have faith and trust
that it will be done shorter rather than longer," he said.
"But the commission cannot force [Rayner's] hand to do it.
Because, under legislation, it is his responsibility to look
after this."
Mayor Stephen Mandel said the
investigation should be done as quickly as possible.
"I just want to make sure
that it's sooner. I think people want an answer to this question,"
he said. "And this is no pressure to get it done for them,
but I think people want to see some action on this."
Ignasiak and Edmonton Sun columnist
Kerry Diotte believe they were the targets of a police sting
trying to catch them drinking and driving, because both have
been critical of the Edmonton Police Service.
Both say they weren't intoxicated
and took cabs home from the bar.
The incident happened two weeks
ago, during an event hosted by the Canadian Association of Journalists
at Overtime, a sports bar.
Two undercover officers were
at the bar, police say, because they had a tip that a drunk patron
was going to drive. The possible sting came to light when a newspaper
reporter was listening to the police radio.
Three days later, a news release
was sent out by police. It said the officer spotted a second
intoxicated man in the bar that night and recognized him as a
high-profile member of the community.
Thursday, council put three
new members to the police commission, replacing people that weren't
reappointed.
- Murray Billet is a labour
relations officer for the United Nurses of Alberta and an advocate
for gay and lesbian rights. Brian Gibson has served on a number
of community boards. Roger Laing is a well-known advocate for
seniors.
-
-
- Sidelined
Cop commissioner backs away from sting probe
By ANDREA SANDS, CITY HALL
BUREAU, Dec. 2, 2004
Edmonton Police Commission
chairman Martin Ignasiak announced yesterday he will no longer
deal with a police investigation into a controversial alleged
drunk-driving sting. And his critics said they're relieved commissioner
John Brosseau will instead handle all commission dealings with
the Nov. 18 stakeout that allegedly targeted Ignasiak and Sun
columnist Kerry Diotte for political reasons.
"I think what's important
here is that we let Chief Rayner deal with the investigation,"
Ignasiak told reporters after delivering a speech on civilian
oversight of police at the downtown Westin hotel.
"It's obviously best -
given that my involvement appears to have become some sort of
distraction - that commissioner Brosseau takes over that function."
Ignasiak, in his speech to
the Rotary club, said it's important for all sides to be able
to debate how to improve the police service without being accused
of being "anti-police."
Ignasiak has come under fire
in speaking for the commission about the issue because he is
directly involved.
But Ignasiak defended his decision
to urge Rayner in a Tuesday memo to publicly reveal some information
today about the stakeout before the investigation is complete.
Rayner announced last week
that a two-pronged probe will examine allegations around the
police operation at the Overtime Broiler and Taproom, 10304 111
St., and an allegedly unauthorized news release issued three
days later. The chief's executive assistant, Insp. Bryan Boulanger,
is one subject of the news-release investigation.
The chief will decide when
to reveal information from the investigation to the commission
and public, Brosseau said. "The chief is aware that, as
a commission, we want to see him proceed as quickly as possible,"
said Brosseau.
Police said in a news release
yesterday at least half of more than 20 police and civilian witnesses
have submitted statements. Cops have reviewed recordings of police
radio transmissions currently undergoing a voice-identification
process, the release said. No one was charged in the alleged
sting.
Police will not publicly comment
on details until the probe is over and will not update the commission
today, said spokesman Andy Weiler.
The president of the Edmonton
Police Association that in September called for Ignasiak's resignation
believes the chairman's comments have gone too far, and he should
have stepped aside sooner.
Ignasiak's memo to the chief,
which questions whether police "culture" might have
contributed to inappropriate police action, is "absurd,"
said Staff Sgt. Peter Ratcliff.
"For him to say that,
he's tainting the investigation."
The head of the senior officers
association, Supt. Ed McFarlane, said Ignasiak is lending "some
credibility and objectivity" to the investigation by stepping
aside.
Mayor Stephen Mandel agreed
it's prudent to let Brosseau deal with the probe.
'I'm
disappointed'
DOUG BEAZLEY, EDMONTON SUN,
November 22, 2004
Edmonton Police Commission
chairman Martin Ignasiak yesterday accused the city cops' media
relations office of trying to "spin" the story of an
alleged drunk-driving sting directed at him and an Edmonton Sun
columnist. "I'm disappointed," Ignasiak said yesterday,
after the Edmonton Police Service issued a press release about
a review ordered by Chief Fred Rayner into the alleged sting.
"When the mayor and I
met with Chief Rayner on Saturday, we had his undertaking that
we would all say as little as possible about this until we knew
exactly what happened.
"My understanding is the
chief did not see this release before it was sent out."
On Saturday, Rayner met with
Mayor Stephen Mandel and members of the commission to discuss
reports that the EPS had set up a sting to catch drunk drivers
leaving Thursday night's meet-and-greet mixer for journalists
and provincial election candidates.
Sun sources said the sting
was set up to catch Ignasiak and Sun columnist Kerry Diotte,
both of whom attended the mixer and took cabs home.
Rayner promised to report back
to the commission by 5 p.m. Wednesday.
But the EPS issued a press
release yesterday that claims officers went to the site of the
mixer on a tip that "a drunken patron was going to leave
a downtown restaurant in his car.
"Officers went to the
restaurant and identified the person. The man later left without
taking his own car.
"During the investigation,
officers noted a second intoxicated man whom they recognized
as a high-profile member of the community. Officers remained
at the restaurant and saw the man leave in a taxi. The officers
then concluded their investigations."
Ignasiak attacked the release
as an attempt by the EPS to "spin" the event before
Rayner's inquiry is done. "The press release attempts to
portray this as a simple drunk-driving incident," he said.
"But the reason we spoke to Chief Rayner about this in the
first place was because of the possibility a small number of
EPS officers were targeting a journalist and a member of the
Edmonton Police Commission."
Ignasiak notes that the press
release clearly states the officers "concluded their investigation"
after both men left without getting behind the wheel. There was
no attempt, according to the press release, to capture anyone
else who may have attempted to drive away drunk from the crowded
bar.
Ignasiak said that he has "every
confidence" that Rayner will find out what happened and
why.
"However, the commission
will have no choice but to call its own inquiry if it loses confidence
in the chief," he said.
Ignasiak has had a rocky history
with the EPS. Many police officers resented his criticism of
EPS internal affairs investigations, and the questions he's raised
about EPS vehicle pursuits and Taser use. The Edmonton Police
Association called for him to be fired from his commission post
last fall.
Chief to probe sting
attempt
DOUG BEAZLEY, EDMONTON SUN,
November 21, 2004
Police Chief Fred Rayner is
promising to investigate reports that city cops set up a sting
to nab drunk drivers outside a Thursday night meet-and-greet
event for provincial politicians and journalists. And Sun sources
said the sting was set up in part to target Edmonton Police Commission
chairman Martin Ignasiak, who attended the downtown event sponsored
by the Canadian Association of Journalists.
Ignasiak and Mayor Stephen
Mandel - who also attended the event - held a private meeting
with Rayner yesterday to discuss the reports. Mandel said Rayner
promised to report back to them by Wednesday evening.
"We have to wait for the
chief to get back to us. This is a significant issue," he
said. "The information we have is sketchy, so we need to
give the chief time to look into it."
Ignasiak said yesterday the
chief appeared "genuinely concerned" about the allegation.
"I think it's safe to
say he takes this very seriously," he said.
Sun sources also said the alleged
sting targeted Sun columnist and CAJ chapter president Kerry
Diotte, who took a cab home. Diotte is at times critical of the
Edmonton Police Service and calls the alleged sting "underhanded."
"It gives a black eye
to the hundreds of upstanding men and women on the EPS who put
their lives on the line every day trying to make our city a better
place," he said.
The CAJ event was attended
by a number of noteworthy political figures. Mandel said he left
around 9:30 p.m. after drinking nothing but ginger ale.
Ignasiak took a cab home.
New Democrat Leader Brian Mason
had a driver for the evening. And Alberta Alliance MLA Gary Masyk
said he teetotalled before driving off to a campaign event.
The president of the Edmonton
Police Association said he "doubts very much" police
targeted individuals in any sting.
"We do set up outside
events where large numbers of people are drinking, to make sure
none of them are driving," said Staff Sgt. Peter Ratcliff.
"As long as officers aren't
targeting specific people, it's just police doing what police
are supposed to do. But the chief is right to address the question."
- 'Cops' respond
Chase comments prompt blizzard of mail
By Kerry Diotte, November
16, 2004
Some boys in blue and their
supporters are seeing red over my column dealing with a recent
fatal police chase.
Frankly, I just don't see why
my views have stirred up so much anger from several members of
the Edmonton Police Service.
Pattie Kibbee, a 47-year-old
mother of three, died early Friday morning after her car was
broadsided at 100 Avenue and 156 Street by a car fleeing police.
In a weekend column, I pointed
out that anger and outrage should first and foremost be directed
at the driver of the vehicle who was fleeing police.
Cops nabbed four young people
- including a 20-year-old driver - and laid a series of charges
in connection with the fatality.
At the same time, I said there
were many questions that had to be answered about the pursuit.
A patrol car began the chase
but then turned it over the EPS helicopter, Air-1.
I questioned why police at
a news conference could not give specific details on how the
whole chase began. They could only say it started because they
were attempting to pull over a stolen vehicle.
They couldn't say, for instance,
if the car had been spotted being driven in a dangerous fashion
or had been used in a crime.
That's a rather key consideration.
Some police in other jurisdictions don't pursue a vehicle unless
it's been involved in a serious crime.
Hindsight is 20/20, but it's
not unreasonable to think future fatalities might be prevented
if fewer vehicles were pursued.
I also stated it might be an
idea for police to let an outside body review major incidents
like this one. The EPS will conduct an internal review of the
fatal chase.
That is not to say there's
anything fishy about internal reviews, but external ones certainly
do a lot to silence any public criticism of police methods.
Further, I brought forth the
opinion the public might be better served if there were more
police patrolling for bad drivers and fewer cops stuck behind
desks or manning radar traps.
From the blizzard of e-mail
I received for the column, you'd think I had just advocated a
full pardon for killer Paul Bernardo. Many e-mails came from
people claiming to be police officers.
"You gave one paragraph
to putting the blame where it belongs and spent the rest of the
story slagging the EPS, with innuendo about not following procedure,
coverups and lack of information given to wannabe journalists
at the Sun," ranted one reader.
"The criminals driving
the car are the cause of this accident, unless an idiot such
as yourself might blame the victim for not driving defensively
enough ... F-you."
I take it I'm off this gentleman's
Christmas card list.
It's too bad some people can't
stick to a reasoned discussion during these times of tragedy.
Suffice to say, I didn't at any time accuse police of a coverup
or use innuendo to criticize them.
Another reader wrote:
"I suppose your editors
believe EPS-bashing sells more papers than reporting the many
positive events that they are involved in on a daily basis ...
"The Whitemud and Yellowhead
should have photo radar 24/7 and then perhaps the law-breakers
would learn to abide."
The reader went on to say "It
is obvious this system is not working well," but it's the
best we have at the current time.
Well, the fact we continue
to have increasing numbers of accidents certainly tells me current
enforcement methods do not work, so we must try something different.
Yet another reader had this
to say:
"Why is it every time
a chase ends in a death you guys place the blame squarely on
police? Only an idiot would right (sic) that in a newspaper."
I'm not blaming police, but
all citizens want to come up with new ways to stop such a tragedy
from happening again.
Another reader trotted out
this example of why he thought my views were flawed:
He wanted to know if I would
blame police for the death of a break-and-enter suspect who was
struck and killed by a car while running away on foot from police.
"Would that be the cop's
fault?" asked the reader.
Of course it's not. But a police
foot chase isn't likely to wind up in the death of an innocent
third party, either.
The bottom line to this terrible
recent tragedy is that nobody wants to see it repeated, and we
have to do everything in our power to lessen the chance such
a thing will happen again.
I think police officers, journalists
and all citizens would agree on that.
Pity the innocent victim
By Kerry Diotte, Edmonton
Sun, November 14, 2004
There's bound to be outrage
and anger over the latest fatal city police chase.
It ended early Friday morning
with the tragic, senseless death of an innocent citizen - a 47-year-old
woman whose car was broadsided at 100 Avenue and 156 Street.
Her 1992 Chevy Cavalier was
hit by a 20-year-old man allegedly trying to flee police in a
stolen 1993 Dodge Spirit.
If fate was more fair, the
fleeing driver would have died in the crash instead of the innocent
motorist. But that's life.
The driver and three others
in the vehicle - including a 17-year-old girl - all survived
the crash with relatively minor injuries.
The outrage over the chase
will be strong, but I hope most of it will be targeted toward
the person who's largely responsible for the tragedy - the driver
of the car.
No matter how tragic the outcome
of any police chase, we should always remember the person being
pursued had the option to stop but did not.
That person is ultimately the
one who deserves the brunt of people's anger.
That said, there are still
questions and concerns arising from this chase.
Police officials have an uncanny
ability to shoot themselves in the foot after such high-profile
events by leaving too many questions unanswered.
More than 12 hours after the
fatal pursuit, police were still not able to shed light on some
key questions asked by a horde of journalists gathered at a downtown
headquarters news conference.
Acting Chief Mike Bradshaw
did say a police cruiser ended its chase of the stolen vehicle
after the cops' Air-1 chopper took over the pursuit.
But Bradshaw could not say
how fast the pursued vehicle was going or how close the chopper
was to it.
He was also vague on whether
or not two of the people in the fleeing car had been out on a
type of parole or probation and would say only they "were
known to police."
He bristled a bit when asked
about who would review the fatal chase, saying a "senior
member of the EPS" had that task.
Police don't like it when there's
even a suggestion it might be better to have a more independent
review.
The way I see it, if cops have
nothing to hide, let someone else review a fatal chase. It looks
far better to the public.
The acting chief on Friday
did not seem too sure about precisely how the whole incident
began.
He could only say the chase
began after the car was reported stolen.
The details surrounding that
are crucial because they're bound to raise more questions.
Was this chase necessary if
it all began simply because an officer noticed a vehicle with
stolen plates? Is that reason enough to pursue a vehicle, or
should police wait until they see a driver being a menace to
other motorists, or fleeing a major crime, before engaging him
in a pursuit?
Although it could be months
before an internal police probe of the chase is complete, Bradshaw
was already confident Friday that police chase policy was followed.
I hate to be cynical, but isn't
it too early to jump to that conclusion?
EPS chase policy says public
safety - rather than law enforcement - is the main factor to
consider in any decision to initiate, continue or end a pursuit.
It remains to be seen whether
this pursuit will pass that litmus test.
Time will answer most of those
questions but there are still others to consider.
Despite the fact the EPS helicopter
has long been touted as the best weapon in cutting down on deadly
pursuits, it obviously did not work in this situation.
Indeed, there were questions
late last week about its use here. EPS cops have long boasted
that motorists tend to stop dead in their tracks when a chopper
gets above them and turns on its powerful spotlight.
Bradshaw said that powerful
light wasn't trained on the fleeing vehicle at all. Citizens
might be right to wonder why one of Air-1's greatest tools was
not used.
Broader questions have to be
posed as well, after this fatal chase.
Maybe, just maybe, we have
to look at improving the way we police Edmonton - so as to ultimately
make roads safer by getting truly dangerous drivers off the streets.
Maybe it's time to get cops
out from behind their radar guns where they're picking off poor
saps for driving 15 kmh or 16 kmh over the limit.
Maybe it's time those cops
did more patrolling and got some help from a few extra well-trained
police officers who are now filling desk jobs better left to
civilians.
Then maybe, just maybe, another
horrible tragedy like this could be averted.
It's worth a try.
- Can't fight city cops
Appeal to law board could cost him $5,000, lawyer discovers
By Kerry Diotte, October
31,, 2004
Regina lawyer Deron Kuski says
he found out first hand the system works against people trying
to complain about police.
Kuski claims he was wrongfully
arrested and jailed by the Edmonton Police Service in August
2002 after jaywalking across Whyte Avenue.
He's pursuing a civil suit
against the EPS.
His complaint to EPS internal
affairs officials was dismissed a while back, so Kuski figured
he'd appeal to Alberta's Law Enforcement Review Board. That's
an independent, quasi-judicial body established under the Alberta
Police Act.
But he withdrew his complaint,
scheduled to be heard this past week in Edmonton.
He said he had no choice, since
much of the onus to prove misconduct and most costs related to
the proceedings were his responsibility.
"It's absolutely ridiculous,"
spat Kuski, whose father Gordon is one of Saskatchewan's top
litigation lawyers.
"After making a complaint
I'd have to get my witnesses together, fly them out to Edmonton,
pay for accommodation, cross-examine them and the police, and
make legal arguments. It makes no sense."
He likened it to a citizen
who calls police about a drunk driver, then is expected to prosecute
the motorist in court. "A person should appear in proceedings
like this only as a complainant and witness."
Kuski figures the whole case
before the Law Enforcement Review Board would have wound up costing
$5,000 including travel expenses and lost work time.
"I've been told a lot
of people don't carry through with their complaints to the board.
Well, it's no wonder."
Kuski said he was on Whyte
Avenue about midnight on the August long weekend in 2002 with
his brother and his brother-in-law.
The trio had just gotten down
to Whyte Avenue. "I'd had a few drinks before. I wasn't
drunk," Kuski said.
Kuski was waiting to cross
Whyte Avenue at 105 Street. Since there was no traffic, he began
to cross just before the light had turned green.
He said one of two constables
on the opposite side of the street confronted him "and asked,
'Do you have any identification?'
"I patted my pockets and
said, 'No I don't think I do.' "
Kuski said the constable then
asked him to submit to a search. He refused.
"I said something like,
'Why would you search me?' "
Seconds after that, Kuski was
handcuffed and pushed to the ground, he said.
"It was unbelievable how
quick and how aggressive he was."
The lawyer was hauled down
to Strathcona station and tossed into the slammer.
He couldn't quite figure out
why he was taken to jail. When he was being held, he asked the
cops why he'd been arrested.
"They said it was for
resisting arrest. I said, 'OK, what was I being arrested for
in the first place?' "
That, he claimed, stumped them
and they then said he'd failed to identify himself to a police
officer, which is an offence.
Kuski and his witnesses, however,
swore affidavits saying the lawyer was not asked to identify
himself before he was arrested.
"The police version of
events is that the constable asked, 'What's your name?' and I
answered, 'None of your business.'
"But that's not true."
Kuski said he was issued a
$40 jaywalking ticket and one for failing to identify himself.
He paid both, not wanting to come to Edmonton to contest the
latter ticket.
It sounds to me like something's
rotten in Denmark.
I think the Law Enforcement
Review Board should make it easier for serious complainants to
have their cases heard.
I tried to get comments on
Kuski's case from the board but my two phone messages to officials
there were not returned. Neither was my call to Edmonton Police
Commission Chairman Martin Ignasiak.
But the former head of the
review board told Sun reporter Paul Cowan that it might make
sense to have a better funding arrangement for people who make
serious complaints against police.
Patrick Knoll, now a law professor
at the University of Calgary, said the burden of meeting the
cost of bringing witnesses discourages complaints from being
pursued.
"There should be some
mechanism where funding is available to help people," Knoll
said.
He figures funding could pay
for things such as witnesses' travel and accommodations if the
board deems the complaint to have merit and not be "vexatious."
That makes a whole lot of sense.
It's in the best interests
of citizens and the Edmonton police force to have all serious
complaints get a full hearing.
That doesn't seem to be happening
under the current setup.
- Time to clear the air
Photo-radar contract probe is taking far too long
By KERRY DIOTTE, CITY
HALL BUREAU, Novmber 19, 2004
There are long-standing allegations
of misconduct reaching into the senior ranks of the Edmonton
Police Service - and cops aren't in a hurry to get to the bottom
of things. It all centres around the EPS contract to a company
that provides photo radar and red-light camera technology to
our city.
This tale began March 1 when
a city council committee approved - on the advice of police and
without any debate - a 20-year, $90-million sole-source contract
with Affiliated Computer Services (ACS) of Dallas.
The firm has been doing work
here for four years earning up to $16 per traffic ticket issued.
I was shocked the contract
wasn't put out to tender and wrote a column saying so.
Committee members told me they
had thought the deal would go to council for approval or had
already been vetted by the police commission.
Neither assumption was true.
With the committee's OK, the contract was essentially a done
deal.
Committee members, including
then-councillor Stephen Mandel, admitted the politicians erred
in their initial handling of it.
After my March 5 column appeared,
an EPS whistle-blower sent me an e-mail alleging three cops who
recommended the sole-source contract with ACS had received generous
unauthorized perks from that very company, including paid travel.
EPS began probing the allegations
in March and turned the probe over to RCMP in May.
The EPS policy and procedure
manual is clear in defining misconduct, especially in a section
headlined "corrupt practice."
One form of corrupt practice,
says the manual, is "directly or indirectly soliciting or
receiving a payment, gift, pass, subscription, testimonial or
favour without the consent of the chief of police."
So why in the hell is this
probe taking so long? It's not a complicated matter.
Either these three EPS cops
wrongly took perks without the authorization of the chief of
police or they did not.
Doesn't the EPS want to get
out from this dark cloud of suspicion immediately?
But there's more to this story
- much more.
After the spit hit the fan
in March the city's police commission vowed it will automatically
review any EPS contracts worth more than $250,000. The commission
then put the long-term radar and red-light contract out to tender.
That tender deadline came up
this past Monday amid new allegations uncovered by Sun reporter
Andrea Sands.
Spokesmen for two U.S. companies
told the Sun they did not bid on the Edmonton job figuring the
contract specifications were basically tailor-made to favour
ACS.
ACS and two other firms - one
Albertan and one Australian - did submit bids for the local job.
Also disturbing is new information
uncovered by the Sun involving an ACS bid in Philadelphia for
that city's red-light camera contract.
This fall, three competing
bidders complained that Philly's tender was written in a way
to favour ACS - especially its use of old technology (35 mm film)
over digital.
In September, the tender was
rewritten and a competing company won Philadelphia's contract.
So why should the average citizen
care about this twisted tale involving much-hated photo radar
and red-light cameras in Edmonton?
First off, the long-standing
relationship between ACS and some city police officers appears
too cozy and seemed, almost by design, to circumvent civilian
oversight.
This whole sorry affair began
with police officers trying to strike a $90-million deal with
a single-source contractor without getting competing bids and
without permission of the police commission.
That's downright undemocratic
- and as taxpayers we'd never have known if this was the best
deal for the city financially.
That alone is scary. But it's
equally alarming that the RCMP probe into corrupt practice allegations
is stalled - if it ever really began at all. That only adds credence
to the arguments of some cynics who insist you can't have high
expectations when you've got cops investigating cops.
What happened to the motto
that the Mounties always get their man?
Although he won't say so publicly,
I have no doubt this whole Radargate mess is causing Edmonton
police commission chairman Martin Ignasiak real headaches.
"We've decided as a commission
we won't make a final decision on the photo-radar contract until
the RCMP investigation is concluded," Ignasiak told me,
saying EPS Chief Fred Rayner indicated the probe should be wrapped
within a month.
Further, the commission will
hire "an independent expert" to assess the deal.
Those are exceedingly smart
moves by the commission and they'll go a long way toward solving
this stinky situation.
Mayor
steps in on cops dispute
By ANDREA SANDS, CITY HALL
BUREAU, Edmonton Sun
Mayor Bill Smith is "disappointed"
that the head of the police union wants the Edmonton Police Commission
chairman disciplined regardless of talks at a meeting next week.
"My understanding is that people will come to that meeting
with suggestions of how to improve things," Smith said.
The mayor has arranged to meet
Tuesday with commission chairman Martin Ignasiak, Edmonton Police
Association president Staff Sgt. Peter Ratcliff and police Chief
Fred Rayner in an attempt to mend the rift in relations.
Ratcliff has filed a complaint
with the mayor demanding that Ignasiak be disciplined or fired.
The police union represents
about 1,200 rank-and-file officers and argues Ignasiak has made
inappropriate comments to media criticizing police. The comments
have damaged cops' credibility with the public, Ratcliff said.
"We'll sit down, certainly,
and try to get some resolution here but, like I've said, the
damage isn't just some offhand quip in the paper about how he
feels one day," Ratcliff warned. "An apology isn't
going to cut it because our officers wear this out on the street
every day."
Ignasiak has emphasized that
he and the commission believe the vast majority of officers adhere
to the highest ethical standards. But he insists it's the commission's
job to monitor the police, keep the public informed and ensure
taxpayers are getting value for their money.
Smith wouldn't say yesterday
whether he agrees with Ratcliff's claim that Ignasiak has overstepped
his bounds.
"I think it's important
that all of us sit down at that meeting and review what the role
and responsibility is for everybody, and that includes (Staff)
Sgt. Ratcliff."
- The Criminal Trial Lawyers
Association joined the fray yesterday, suggesting police were
overly sensitive to criticism because previous commissions have
been "more of a police lapdog than a civilian watchdog."
Police
chief seeks outside review
- File alleges he, eight
other officers consorted with prostitutes while on duty
Florence Loyie, The Edmonton
Journal, February 06, 2004
EDMONTON - Police Chief Bob
Wasylyshen has ordered an independent legal review of a police
file that alleges he and eight other officers engaged in inappropriate
behaviour with prostitutes more than 20 years ago.
A lawyer will be hired to recommend
how the allegations in police file H-316 should be investigated
according to the requirements of the Alberta Police Act.
Despite the chief's comments,
the Edmonton Criminal Trial Lawyers' Association insists a judicial
inquiry is the only way to restore the public's confidence in
the police service and exonerate those who have been tainted.
"Only a judicial inquiry
will be equipped with the tools needed to get to the bottom of
this mess," said Rod Gregory, acting association president.
The case is a prime example
of why the solicitor general must amend the police act so complaints
against police are investigated by independent third parties,
said Gregory. His organization has called for such changes for
15 years.
"The present situation
involving the chief of police in Edmonton is but the latest demonstration
of the flaws in the current system," he said.
The Edmonton Police Commission
is also calling for changes so complaints against police are
investigated by an independent body.
Photocopies of the documents
in file H-316 were turned over to the Edmonton Police Service's
internal affairs department on Thursday by retired detective
Vern Colley. Wasylyshen sent a registered letter to Colley earlier
this week asking for his file, because the original cannot be
found at police headquarters.
The file will remain in the
custody of the police service's legal advisers until an independent
lawyer is hired to review it, likely next week.
The police chief said he is
not prepared to make further comments until the independent investigation
is completed.
In a letter to the police service,
Colley's lawyer, Tom Engel, said his client will co-operate with
any investigation into the original complaints, provided it is
not conducted by Edmonton police.
He said the file Colley copied
and sent to the EPS was not the original.
CBC's Disclosure aired a report
Tuesday about the allegations in the file, which were investigated
by Colley in 1983 when he was a police detective.
Colley said he interviewed
23 prostitutes, some of whom claimed they were forced to give
police officers sexual favours and money. He said then-chief
Bob Lunney told him to drop the investigation after his report
identified nine police officers, including Wasylyshen, as suspects.
Wasylyshen was a sergeant on the tactical squad at the time.
It's not known what happened
with the investigation after Colley was ordered to abandon it,
whether the allegations were passed on to internal affairs, as
they should have been, or what happened to the original file.
In a news conference Wednesday,
the chief angrily denounced the allegations as "bizarre"
and said they were "devastating" for him and his family.
Wasylyshen, who is considering
legal action against CBC, said he was cleared of any wrongdoing
in 1983.
The CBC program acknowledged
its own investigation failed to turn up any evidence to suggest
Wasylyshen had any involvement with prostitutes.
floyie@thejournal.canwest.com
COMPLAINTS
- - Prostitutes have made six
complaints against city police officers in the last three years.
- - Three said officers cursed
at them or called them names.
- - Three complaints were about
sexual or physical abuse. One is still under investigation, one
was found to be unsubstantiated and one was dismissed after the
woman admitted that she lied.
-
- 'Very angry'
Police chief denies allegations of sex with prostitutes
- By RAQUEL EXNER AND LORI
COOLICAN , EDMONTON SUN, February 4, 2004
Police Chief Bob Wasylyshen
vehemently denies allegations made by a former colleague in court
documents that he was one of numerous officers who allegedly
engaged in sex acts with prostitutes back in 1983. Wasylyshen
- who is due to retire next month - said he was "very angry"
last night after watching a CBC documentary about the allegations
contained in an old police file.
"I thought overall that
there was a great deal of bias in the way the program was put
together. There was certainly some pieces of inaccuracy in it,
and, right along with the bias, some unfairness as well in the
way the story was portrayed," he said in an interview with
the Sun.
The chief said he'll respond
further to the allegations today, though he added it's too early
to say whether legal action will be taken to defend the force's
reputation.
"I can only imagine people
sitting and watching their television sets seeing this very disturbing
story, creating all sorts of questions in their mind about this
and wanting some answers," he said.
Wasylyshen said he's been up
front about the existence of the allegation since it surfaced
decades ago.
"My family's aware of
it, my colleagues are aware of it, I've always brought it up
whenever I've been vying for promotion ... I've taken great pains
to ensure everybody knows. I want people to know the allegations
are false insofar as it relates to me."
As a tactical supervisor at
the time, it would have been very rare for him to have any contact
with prostitutes at all, he said, adding the implication that
he ever had improper contact with a hooker is "a horrible
suggestion."
Former city police detective
Vern Colley stated in an affidavit that in June 1983, he was
asked to investigate allegations that cops "were picking
up street prostitutes and using them for sexual gratification
and some of them might be taking their money."
Months later, Colley said he
was interviewing prostitutes when the ladies claimed they could
ID cops who had been taking them off the street to the force's
pistol range and Clover Bar range "for sexual purposes."
Colley claims in the court
papers he obtained a photo of Wasylyshen - then a sergeant in
the tactical unit - and one prostitute identified Wasylyshen
as one of the "culprits."
Colley says he was later called
to a meeting with chief Robert Lunney, superintendent Leroy Chahley,
and an inspector and staff sergeant. Colley claims Lunney told
him he had ID'd "some bad people and that I was to cease
and desist any activities on the file and that he would be looking
after the matter."
When contacted by the Sun yesterday,
neither Lunney nor Chahley, nor former staff sergeant John Torgerson
said they could recall the meeting.
Lunney said the investigation
was ended because the method by which Colley obtained the photograph
compromised its use as reliable evidence. So Lunney told the
deputy chief to end the investigation and "cease and desist"
further inquiries.
Lunney said Colley did not
follow proper investigative techniques, and as a result the probe
"was going right off the rails."
"Had (Colley) continued
it would've caused all sorts of repercussions. Police carry out
official investigations and they have to be done right and they
have to be done professionally. If they're not, you have to put
a stop to it."
Cop spokesman Annette Bidniak
called the CBC report "shoddy." Bidniak said police
"feel they weren't interested in balancing, they're more
interested in stirring the pot."
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
