Former chief Rick Hanson grilled on Calgary police department's actions during inquiry
Former Calgary police chief Rick Hanson spent more than four hours answering questions — not about the conduct of two officers on the day they arrested Hells Angel member Jason Arkinstall, but about the actions of his department, after a judge acquitted Arkinstall and chastised the officers.
The five-day hearing is being conducted by the Law Enforcement Review Board to determine whether Calgary police or any member of the department did anything to interfere, obstruct or frustrate disciplinary action or oversight.
Arkinstall was arrested by Sgt. Les Kaminski and Const. Brant Derek in 2008. He went to trial in 2011 and was acquitted for uttering threats against the officers.
Judge Terry Semenuk, who heard the case, was critical of both officers.
He said they weren't credible witnesses because their testimony was vastly different than video of the arrest.
During Thursday's testimony, Hanson was questioned as to why CPS didn't automatically report the matter to the Director of Law Enforcement, as set out in section 46.1 of the Police Act, and begin a criminal investigation.
The matter was handled internally with an administrative review. The review recommended counselling for both officers which Hansen said was "very serious and effective."
Hansen said the matter didn't trigger a 46.1 investigation because there was no formal complaint filed about the officers conduct.
He said he relied on Deputy Chief Trevor Daroux, who was confident the men hadn't lied intentionally and were only guilty of failing to take good notes at the time of the arrest, and therefore could not recall the details more than two years later.
Of the internal review, Hanson said, "it was my expectation that when the investigation was completed, they would not meet the threshold for criminal charges."
A formal complaint didn't surface until 2013, when Arkinstall's lawyer alleged criminal wrongdoing, including assault and perjury against the officers.
In 2014, a 46.1 investigation was undertaken by the Alberta Serious Incident Response Team.
Derek was eventually charged with assault, but acquitted. Kaminski was charged with perjury and assault, but those charges were dropped.
The inquiry cannot assign fault or blame. The goal is to make recommendations for the future.
When asked for his recommendations, Hanson agreed with earlier witness Wendy Moshuk, a former provincial public complaints director, that the Police Act is antiquated and should be rewritten.
He also said "body-worn cameras are essential," and went on to say there should be an agreed-upon process to determine when the use of cameras is appropriate, and how long any footage should be stored for.
The hearing wraps up Friday, after the board will have heard testimony from 15 witnesses. The board's report and recommendations must be submitted to the Justice Minister no later than Aug. 15.
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