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Police accountability can be incredibly complex and confusing. Let's pull back the curtain.
When we say police accountability and transparency are essential elements of a just and equitable society, what do we mean?
In Edmonton, these principles are supposedly upheld through a complex system of governance and oversight. Here, we will delve into the key players and mechanisms that are tasked with ensuring accountability and transparency within the Edmonton Police Service (EPS). Understanding these structures and processes is crucial for understanding the relationship between our law enforcement agencies and the community they serve.
Edmonton Police Service:
The Edmonton Police Service or “EPS” is the municipal police force responsible for law enforcement within the city of Edmonton, Alberta, Canada. EPS is responsible for enforcing federal, provincial, and municipal laws within the city of Edmonton. This includes being tasked with investigating and responding to emergency calls and criminal activities, maintaining public safety, and preventing and addressing various forms of crime.
In Edmonton, EPS is responsible for emergency response. When you dial 911 in Edmonton you are likely calling into the Edmonton Police Service Emergency Communications and Operations Management Branch of EPS (ECOMB), which serves as the primary Public-Safety Answering Point (PSAP) for the City of Edmonton. This call is then triaged by EPS, to determine if it should be forwarded to police, fire, ambulance, or another community partner.
So if EPS is the municipal police force, paid for primarily with City of Edmonton property tax dollars, naturally they are governed and directed by the Edmonton City Council right? No, not really.
Edmonton Police Commission:
The Edmonton Police Commission, or “EPC”, is the body responsible for governing the Edmonton Police Service (EPS). EPC is a board of governors that exists to provide a degree of separation between City Council and the EPS. Commissioners are appointed by the City of Edmonton (and more recently two were appointed by Danielle Smith’s UCP government).
They are tasked with:
- Overseeing the EPS.
- Responding to the public’s concerns on policing matters.
- Developing the annual policing plan and budget, and maintaining relationships with the community.
- They allocate the police service funds provided by City Council.
- Establish policies for “efficient and effective policing”.
- Issue instructions to the Chief of Police, who is the employee of the EPC.
- Ensure effective service and that sufficient persons are employed for the functions of the police service.
- Respond to public complaints about policies and decisions made by the Chief of Police
What really ties EPS, EPC, and City Council together, is the provincial government, and its legislation.
The Government of Alberta:
The Government of Alberta is responsible for enacting and amending laws and regulations that govern policing in the province. This includes the Alberta Police Act, which outlines the framework for the establishment, organization, and operation of police services like EPS and EPC. The City of Edmonton and its City Council, as creatures of the province, are wholly bound by the legislation of the provincial government. A relationship dynamic that has proven turbulent in recent history.
The province is responsible for providing oversight and accountability mechanisms to ensure that police services operate within the law and adhere to established standards.The provincial government establishes and supports provincial oversight bodies such as the Alberta Serious Incident Response Team (ASIRT) and the Law Enforcement Review Board (LERB). ASIRT investigates serious incidents involving the police, while LERB handles appeals related to police disciplinary matters.
Navigating Police Misconduct Allegations: A Comprehensive Overview of the Investigation and Accountability Process in Edmonton
In Edmonton, the process of addressing allegations of misconduct by Edmonton Police Service (EPS) officers follows a typical path. We’ll take you through each step of the process, shedding light on how complaints are handled and investigated, and the role of oversight bodies in police accountability.
Initially, somebody files a complaint or reports misconduct against an EPS officer. This could be a member of the public, another officer, or an internal source. As per the Alberta Police Act, discipline in the Edmonton Police Service is the responsibility of the Chief of Police, except for when the complaint is against the Chief themselves, in which case it is referred to the Chair of the EPC.
Complaints against a police officer:
When a complaint is made against an officer other than the Chief, the Chief is responsible for the complaint to be investigated. This investigation is typically carried out by the Professional Standards Branch or a similar unit within the police service. Based on the investigation, the Chief may choose to uphold or dismiss the complaint.
A decision to dismiss a complaint may be appealed to the Law Enforcement Review Board. A decision to uphold a complaint may, depending on the seriousness of the disciplinary misconduct, lead to either a warning to the subject officer of the complaint, or a disciplinary hearing.
At a disciplinary hearing, a hearing officer presides and accepts relevant information for and against the subject officer, and will decide if the charge has been proven. If the charge has been proven, the Act sets out a number of different penalties. There is no disciplinary consequence for a cited police officer if a charge has not been proven.
Both complainants or cited officers may appeal decisions of the Hearing Officer to the Law Enforcement Review Board (LERB).
Complaints against the Chief of Police:
When a complaint is made against the Chief of Police, the complaint is received by the Chair of the Edmonton Police Commission, to be referred to the rest of EPC. If the commission is of the opinion that the Chief violated federal or provincial law, or violated regulations governing the discipline or the performance of duty of police officers, the Chair of EPC is then tasked with requesting the Alberta Minister of Justice (provincial government) to request or direct another police service to investigate the complaint.
If the Chief is found to have violated federal or provincial law, the matter is referred back to the Minister of Justice. If the Chief violated regulations governing the discipline or the performance of duty of police officers, the matter is referred back to the Edmonton Police Commission.