Inquiry launched after probe into alleged police wrongdoing took 8 years
The Law Enforcement Review Board has launched an inquiry to find out why it took Alberta's police watchdog more than eight years to charge two Calgary officers after allegations of misconduct in 2008.
The charges stem from the arrest of a Hells Angel during a traffic stop in August 2008.
The oversight investigation was conducted by the Alberta Serious Incident Response Team (ASIRT), which looks into alleged police misconduct — particularly when officers kill or injure civilians.
More than eight years after the arrest, ASIRT laid perjury charges against police officers Sgt. Les Kaminski and Const. Brant Derrick in January 2017.
Assault charges that arose from the case against Kaminski, who is now the president of the Calgary Police union, were dropped earlier this month.
The review board is to report to the justice minister within one year from today.
If the inquiry hasn't concluded within that time, LERB must provide an estimate of additional time needed to finish the inquiry and submit a report to the minister within three months of hearing all evidence.
Formal inquiry
The review board said the inquiry will examine the time between the arrest in 2008 and the ASIRT charges in 2017 to determine if there were any efforts to hinder public oversight of officers involved.
It will be up to review board to determine how the inquiry will proceed, which will include giving parties involved an opportunity to make submissions on the issue.
"It's critical to ensure that the public has confidence in Alberta's police and civilian oversight bodies," Kathleen Ganley, minister of justice and solicitor general, said in a release. "Holding an inquiry will allow this case to be examined in full view of the public."
The review board's primary role is to hear appeals of disciplinary decisions from citizens and police officers, but the minister has authority under the Police Act to direct it to hold public inquiries into policing matters.
Under the Police Act, the review board has the authority to summon witnesses and order the production of relevant records and documents.
Tom Engel, chair of the Criminal Trial Lawyers' Association's policing committee, called the inquiry a "historic occasion in civilian oversight" and applauded the decision.
"Not only will this inquiry be beneficial to the citizens of Calgary, the Calgary Police Service and the administration of justice in Calgary, but it will also well serve all Albertans who value excellent policing services," Engel said.
The inquiry will operate independently from the criminal proceedings against Kaminski and Derrick, who are presumed to be innocent.
Arrest and acquittal
After being arrested during a traffic stop on Aug. 31, 2008, Jason Cyrus Arkinstall — a Hells Angel — was acquitted in 2011 of uttering a threat to kill a police officer.
In the decision, Semenuk wrote that Kaminski struck Arkinstall twice with a baton while the officer was placing Arkinstall in handcuffs.
Semenuk also wrote that Arkinstall was was struck in the back of the head and thrown into the back of a police van by Derrick.
The incident was captured on video by two bystanders in a building above the downtown street where the arrest took place.
Semenuk rejected the evidence of Kaminski and two other officers who testified at the trial, writing that Kaminski "was not a credible or reliable witness," wavered in his evidence under cross-examination and didn't take proper notes.
The judge wrote that video taken by bystanders contradicted the officer's testimony.
Calgary police Chief Roger Chaffin said he welcomes the inquiry and will support it unconditionally.
"Public trust and confidence are the cornerstone of community policing. In my opinion, the most appropriate way to achieve this in relation to this matter is through a full and transparent inquiry by the Law Enforcement Review Board," Chaffin said.
Chair of the Calgary Police Commission Brian Thiessen also expressed his support and said the inquiry is the most appropriate way to address concerns in this matter.
"It is a priority for the commission to ensure that the civilian oversight framework operates with fairness, efficiency, and transparency," Thiessen said.
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