Alberta Police Beat
Alberta Police Beat
ALBERTA FEDERATION OF POLICE ASSOCIATIONS 2024 BOARD OF DIRECTORS
CORY KERR
President of AFPA
Vice President of Edmonton Police Association
GRAHAM ERNST
Vice President of AFPA
Director of Calgary Police Association
JASON RICHMOND
Secretary/Treasurer of AFPA
Treasurer of Lethbridge Police Association
MARK FLYNN
Director/Editor of AFPA
Vice President of Medicine Hat Police Association
ALEX SHAW
Director of AFPA
Director of Edmonton Police Association
BRENT HUTT
Director of AFPA
Director of Calgary Police Association
NICOLE MARTIN
Director of AFPA
Vice President of Lacombe Police Association
HOWARD BURNS
Executive Director
The opinions and comments expressed in Police Beat are those of the writers and are made without prejudice. They are not necessarily the position of the AFPA or its Executive. The inclusion of third party advertisements does not constitute an endorsement, or recommendation by the AFPA board or its membership. Reproduction of articles and artwork is strictly prohibited without the prior written consent of the AFPA. Publication Agreement #42846013
FROM
Cory Kerr
FROM THE VICE PRESIDENT
Graham Ernst
FROM THE SECRETARY/TREASURER
Jason Richmond
FROM THE DIRECTOR/EDITOR
Mark Flynn
FROM THE DIRECTOR
Alex Shaw
FROM THE DIRECTOR
Nicole Martin
Brent Hutt
Howard
Police
JMessage from the Outgoing AFPA President...
ust like that, my tenure in the role of President for the Alberta Federation of Police Associations has come to an end. It seems like it was only yesterday that I joined AFPA as the Vice-President in January of 2023, not long after being elected as the full-time Vice-President at the Edmonton Police Association. Six months after joining as Vice-President for AFPA, I was thrust into the President’s role, where I have remained ever since. As my first article stated two years ago – out of the pot and into the fire, and what a wonderful experience it has been.
In my time with AFPA, I’ve had the opportunity to represent the organization in Ottawa, attend our bi-annual meetings in Red Deer and Edmonton, AGM’s in Camrose and Medicine Hat, AACP meetings in Banff, worked with the Police Review Commission on building their new model for the province surrounding discipline, and hosted the 2024 AFPA AGM in Edmonton, which was a great learning experience in planning large events for dozens of people. I’ve met some fantastic people from Associations all over the province, and it has been great to see the unique ideas and perspectives that everyone brings from agencies small and large alike. Upon the conclusion of my term, I will be leaving the AFPA Board to make way for new Board Members from the EPA, specifically EPA Director Nadia Den Boon and current AFPA Director Alex Shaw, who will be vaulted into the AFPA Vice-President’s role. This transition will allow me to focus more on my full-time position as the Vice President with the EPA, a position that grows busier by the day.
AFPA has done some diligent work, both internally and externally in my time in the President role, such as expanding our impact on other agencies by finally implementing the AFPA Director training that so many people have worked in years past. I am happy to say that this has been running for the past 2 years in conjunction with Edmonton’s Director training, and the feedback received has been overwhelmingly
positive. We have also moved forward to provide better access to conferences for our smaller agency partners, as AFPA now sends Association representatives from those smaller agencies to conferences country-wide in order to get better exposure and information to those Associations.
We have also pushed SFPP to work on closing loopholes that allow certain Police Agencies in the province to re-hire retired SFPP members into roles that should be contributing to SFPP yet are not, as they have retired and are drawing from the plan. This creates a threat to our pension plan that detracts from its growth and blocks new recruits from accessing those positions so they can build their careers and contribute to the pension plan long term.
We’ve created relationships with agencies such as Lakeshore Regional Police Association, assisting them as they build their Association for the betterment of their membership. We’ve also looked forward to potentially assisting other agencies such as Grande Prairie, and we are eagerly awaiting to see what is taking place with the Alberta Provincial Police as it begins to roll out.
I would like to acknowledge the hard-working members of the AFPA Board for their diligence and commitment over the past 2+ years that I have been on the board. Former Treasurer Marc Gaumont, former President Chris Young, former Director Jason Vowles, Director Mark Flynn, Treasurer Jason Richmond, VicePresident Graham Ernst, Director Brent Hutt, Director Alex Shaw and Director Nicole Martin – thank you for making my role an easy one. Your attention to detail and willingness to take care of the issues that came our way showcase your dedication to not only AFPA, but policing as a profession, and it makes me proud to have worked along side all of you.
To Howard Burns, AFPA’s Executive Director – Howard, I am amazed by the breadth and depth of your knowledge
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surrounding all things tied to Police Associations, whether it be SFPP, POCBA, the Societies Act, collective bargaining, labour relations, legislation, historical insight or present-day issues. Howard is such a massive help to this organization, and I relied on him heavily for his guidance while in the President’s role to ensure success for the organization. Thank you for your dedication to AFPA as a whole Howard and helping me keep everything on point while I was there.
Finally, I would like to wish good luck to all Board members continuing forward, but especially to Vice-President Graham Ernst, who will undoubtedly take on the role of AFPA President after my term is up at the end of May. I’ve found Graham to be a well-spoken, deep-thinking individual who examines matters from all angles before making educated decision. Graham has stepped in for me and stepped up for AFPA on several occasions, most notably at the Alberta Police and Peace Officer Memorial, where he delivered speeches on behalf of AFPA in
2023 and 2024 while I was out of town on courses. Missing those events was disappointing to me, however knowing Graham was there to speak for AFPA ensured that our message was brought forward and our fallen members honoured. Thank you, Graham, – AFPA will only continue to rise while under your guidance, I am sure of it.
In conclusion – a big thank you to all of those that support AFPA and to those that make up our membership. Thank you for continuing forward in a job that is often thankless. Thank you for doing the things that most choose to avoid. Thank you for your service and commitment through evolving shifts in society that sometimes threaten to tear us all apart. I thoroughly enjoyed my time as a member of AFPA and wish everyone all the best moving forward. Take care.
Cory Kerr, President of AFPA 2023-2025
The Potential of an Alberta Police Service and What it Means for You
Greetings AFPA Members. I hope this edition of the Alberta Police Beat magazine finds you, your teams, and your families safe and sound. After another eventful winter, I’m sure you’re all as happy as I am to see the green grass and leaves return to brighten our days.
Before diving into today’s topic, I want to extend my gratitude to editor Mark Flynn for his continued work on the Alberta Police Beat magazine. Each member of the AFPA board is grateful for the opportunity to share information with AFPA members regarding the ongoing issues affecting policing in Alberta, and Mark makes it all happen.
In this article, I would like to discuss the increasing likelihood of an Alberta Police Service. While there are many unknowns, it remains an incredibly interesting possibility that, if enacted, will have long-lasting and far-reaching impacts on police services across the province.
The provincial government’s plan to create a new provincial police service could cause a major shift in Alberta policing. This move aims to replace the RCMP and incorporate about half of the sheriff workforce. While this proposal has sparked concerns among Alberta sheriffs about the need for extra training and higher pay, it has also faced opposition from the NDP and National Police Federation over costs and transparency. It also brings several potential benefits.
For Alberta and municipalities that have always had the RCMP as their policing provider, a new provincial service could mean having more direct control over policing priorities and strategies, tailored specifically to the needs of local communities. With the proposed improvements to civilian oversight and accountability, the police service could become more responsive to each
community’s needs. While it is certain that the startup costs of this plan will exceed the budget, (As all government plans seem to do) this new service promises to deploy more frontline officers in rural areas compared to the current RCMP model. More officers in these areas could potentially lead to more efficient use of resources and better cost management in the long run. Plus, it could attract candidates who are genuinely interested in serving rural Alberta, improving recruitment and retention.
However, this new service could cause a significant drawdown of the current municipal police services staffing. Yes, that means you, AFPA members. With many police officers choosing to live outside the technical borders of the towns and cities in which they work, an option to police closer to home for the same money, better working conditions and a shorter commute might lead many members to choose the new Alberta Police Service. At a time when every municipal service in the province is struggling to recruit enough quality recruits, this poses a significant risk.
There are other challenges to consider. Firstly, Alberta would lose federal funding that currently supports the RCMP, impacting its financial stability in the province. Additionally, as we have seen in Surrey, B.C., transitioning responsibilities between the RCMP and a new provincial police service could lead to operational disruptions and challenges in maintaining consistent law enforcement during the transition period. There is also a risk that the public perception of the new service could cause an erosion of trust in policing as communities adjust to a new policing model and the RCMP’s role diminishes. Not to mention the potential mess of members moving from service to service or leaving the province all together.
On the bright side, the establishment of a provincial police service could benefit the Special Forces Pension Plan (SFPP)
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by increasing its membership base and enhancing financial stability. The addition of potentially over 2,000 members would make a massive difference to the health of the plan. Contributions from both officers and the provincial government would ensure a steady flow of funds into the pension plan, potentially leading to improved benefits and services for all members. A larger plan is generally considered a stronger safer plan and that is good for all of us.
In the event of an Alberta Police Service being formed, the Alberta Federation of Police Associations (AFPA) would look to play a crucial role in this transition, advocating for the interests and rights of police officers, providing assistance in negotiating terms of employment, and ensuring adequate training and professional development opportunities. After what is sure to be a period of growing pains, the addition of a provincial service, as well as the new Grand Prairie Police Service, has the potential to benefit all existing municipal services in the
province. Having another direct competitor for wages and working conditions presents an unprecedented opportunity for collective bargaining. I would expect to see a significant increase in competitiveness for members, which would mean a financial boon for us all, not to mention improved benefits. This is truly what AFPA was created for: to assist member agencies in times of need and to share the knowledge and experience gained over decades of hard-fought negotiations.
In conclusion, while the establishment of a new provincial police service in Alberta presents both opportunities and challenges, with careful planning and effective communication, AFPA can navigate these complexities and contribute to the successful development of a new policing model that serves the needs of Alberta’s communities. It is an unprecedented time in Alberta policing with both significant risks and rewards to be gained. As always, the Alberta Federation of Police Associations will be there to support our members. Play safe.
From the Secretary / Treasurer
Policing in a Technological World
As with most things in my life, I am given a task or objective with a deadline and do not do anything about it until very close to that deadline. I cannot seem to work effectively or concentrate on the task unless the deadline looming and the pressure of getting it done helps me get to work. I like to think I am very good at this, working under pressure, but in the back of my mind I know it’s not the best way. So, in the end, I am writing this piece on the day it is due.
I did not know what to write about until I started to walk around my services building. I went into our equipment room where I saw rifles with red dot optics, drones, body cam mounts, thermal imaging cameras, and a locker system to get this equipment requiring ID verification. When I first started, you grabbed your equipment from a Tupperware container and signed a piece of paper. The drone nests and AI reports didn’t exist. I have not been in policing long relative to the rest of my AFPA brothers and sisters on the board, but when I look back to when I started, I had a car and a mobile data terminal (MDT) and they were the most technological advanced things I used during my shift (besides the breathalyzer which I still don’t quite understand). As I’m in a more administrative role right now (with tenure), I fully realize the learning curve for an officer coming back to the Patrol Division is climbing, and a lot of the learning will require that officer to have a good grasp of technology. An example of this is that during my short stint in the administrative position I’m currently in, my belt has now become a bit heavier as I now have a pistol optic, pistol flashlight, tourniquet, carbine magazine, and a new style of taser. All of which are very good things which increase officer safety, but all of which come with additional training to familiarize myself with these items.
I am torn. I believe that technology has made the job of a Police Officer more efficient and more effective. However, there is a downside that I have seen when it comes to this. All the technology being used by Police needs to be maintained, fixed, and sometimes might become too relied upon. Just looking at body cameras (our service is in the process of initiating a body cam program) there are multiple issues that need to be addressed.
One of the main issues is the staffing issues that are required to run a body camera program for a Police Service. From capturing and storing the video to vetting the video for court or for public/ internal complaints, the increase pressure on staff members for the Police Service (civilian and sworn) is immense and is being felt by other police services.
The other issue for police services in Alberta (as body cameras are now mandated) is the financial implication that it places on the service. For our service rolling out a body camera program, the cost for the first year would be a big hit. That being said, the financial implications for a smaller rural service will affect the day-to-day operations a lot more than a service the size of mine. Depending on how that service attempts to navigate this financial burden, they may now face cutbacks in overtime, purchasing of new equipment, and workload issues. As of now there is no indication from the province about any financial relief for this as most services have already completed their body cam program start up and are managing it themselves. I hope that in the future this is something the province will consider.
The amazing thing about this is that even with all of these issues there is not a member who I know of who doesn’t support the body cam mandate that the province has. This doesn’t surprise me as I, and as I am assuming all of us, have seen members who have faced criticism or complaints and were vindicated by cell phone or surveillance footage of an incident. Most officers are extremely excited to wear a body cam as it provides that proof of the amazing work they are doing. As well, they are more likely to avoid the “he said/she said” style of complaints as there is now an additional layer of evidence to show they did the right thing.
I’m excited for the roll out of our body camera program. I am also cautiously optimistic that the services who have yet to implement these programs can navigate the technical and financial hurdles that come with it. However, I am certain this is well worth both those hurdles as it can result in our service having the ability to show off the great work our officers do in a first-person point of view.
Per Unitatem Vis – Through Unity, Strength
Hello everyone, and welcome to the Spring edition of the Alberta Police Beat. As the snow melts and the grass turns green, I hope many of you are getting a welldeserved chance to recharge with some time off before you take on the Spring clean! We all know how badly it’s needed.
In this issue, I want to dive into an idea that has been gaining traction in recent discussions across the province, provincial bargaining standardization. For some, it might sound like an ‘out-there’ concept. For others, it could be the solution we’ve been looking for to help level the playing field for our brothers and sisters across Alberta.
Either way, this conversation is long overdue.
As we can see by comparing our collective agreements, there is a growing disparity between Police Associations in Alberta when it comes to wages, benefits, and working conditions. While some associations have the leverage, resources, and local support to negotiate top-tier collective agreements, others are left fighting tooth and nail just to hold the line. Additionally, our First-Nations policing members aren’t even positioned to bargain until their acceptance into the Police Officer Collective Bargaining Act (POCBA).
The result is an uneven playing field where police officers doing the same job under the same badge of public safety are compensated very differently depending on which patch they wear. It’s not just frustrating, it’s unsustainable with our current recruitment and retention crisis. A standardized approach to bargaining would ensure a baseline of protections for all members, regardless of their agency size or municipality’s tax base. It would mean consistent standards for wages, health benefits, psychological services, employer pension contributions, equipment provisions, and critical incident support across the board.
United We Bargain, Divided We Beg
A standardized provincial bargaining framework would give us greater collective strength when negotiating with government stakeholders. Right now, we see different services negotiating at different times with different levels of success. Although we do a good job of communicating with each other and sharing information to help each other move forward (shout out to Howard Burns and the CBA comparison document he puts together!), this fractured approach leaves room for improvement when seated at the negotiating tables that could benefit everyone.
Just look at how paramedics, nurses, and teachers have pushed for provincial standards in Alberta. Their unified front has allowed them to achieve wins in staffing ratios, health supports, and training standards at the provincial level, rather than to each municipality. Why shouldn’t we demand the same standards in policing?
We also understand that municipalities operate like businesses. They are tasked with delivering the best service to their communities for the lowest possible cost. They have budgets, and they answer to taxpayers. They are under pressure to stretch every dollar. That’s where we, as Police Associations, play an important role in educating our municipal partners. We need to clearly show that the best service doesn’t come from cutting corners, it comes from investing in the health, safety, and morale of the people delivering it. Healthy personnel, adequate staffing levels, and strong morale are not luxuries, they are essential component for a healthy public safety system.
Bridging the Gap to Provincial Policing
With the discussion around a future Alberta Provincial Police Service, there’s a natural link between standardized bargaining and a more unified provincial policing model. If Alberta does move ahead with a provincial service, either by transitioning from RCMP or expanding the role of sheriffs, there will be a greater need for consistency across agencies. Members may transfer between services more often. Multi-agency operations
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will likely increase. Specialized teams may be jointly staffed or regionally deployed. Without a common foundation of compensation, policies, and training, these transitions become clumsy, inequitable, and inefficient. Alberta Law Enforcement Response Teams (ALERT) Combined Forces Specialized Enforcement Units (CFSEU) is a great example of this, where we have members from municipal agencies and members of the RCMP doing the same job, out of the same office, earning different wages, with different benefits.
Standardizing bargaining is one way to bridge that gap early, before a new provincial model forces the issue. It would help lay the groundwork for smoother lateral transfers, fair treatment across jurisdictions, and mutual understanding of entitlements. And just as important, it would support stronger interagency cooperation, where teams from different services work seamlessly, knowing they share not only a mission but also a baseline of support.
This isn’t an overnight fix. Municipalities are protective of their autonomy, and no one is suggesting a one-size-fits-all model that ignores local needs or budgets. The goal is not to handcuff the larger agencies to the smaller ones, rather to create a provincial bargaining floor, not a ceiling. Some associations will be concerned about losing local control or diluting strong CBAs they’ve fought hard to establish. That’s fair. But any push toward standardization should be built collaboratively, ensuring that our larger associations help raise the bar for others, not lower their own.
We talk often about mental wellness and health in policing, and rightly so. But let’s be honest: It’s hard to feel valued when your neighboring service gets better coverage for trauma counseling or access to superior benefits after a critical incident.
Standardized bargaining could ensure that mental health supports are not a luxury tied to a postal code, but a provincewide expectation, similar to how the RCMP are supported nationwide by Veterans Affairs. We owe it to our members and their families to ensure that no one is left behind when it comes to care and recovery.
This is exactly the kind of issue the Alberta Federation of Police Associations was created to lead. We already represent a collective voice for over 4,000 officers across Alberta. This makes us uniquely positioned to facilitate discussions, gather data, and push for a common bargaining platform that respects both local and provincial needs.
Imagine what it would look like if we had provincially standardized policies for:
• Equipment funding and training
• Critical incident response protocols
• Minimum benefit and wage packages
• Province-wide peer support and reintegration models
The conversation around provincial policing is already shifting our landscape. If Alberta is serious about exploring new policing models and service delivery frameworks, then we need to be just as serious about ensuring equity and consistency for the officers doing the work.
Standardized bargaining doesn’t mean removing local voice, it means giving every officer in Alberta access to the same minimum standard of support, protection, and respect. It means standing shoulder to shoulder, not service to service.
Take care of each other, and stay safe, Your Brother down South - Mark Flynn
Expunged but Not Forgotten…
Happy spring everyone and hopefully you’ve been able to thaw out over the past few weeks and as the weather starts to get better, hopefully there’ll be some good days of vitamin D over the next few months!
I just wanted to bring your attention to an issue that for the most part is not something members generally think about, especially when giving evidence in court, however with a recent decision out of Edmonton, this issue has been placed on the front burner and the heat has been turned up full throttle! I preface this article stating that I am NOT a lawyer, but I am a sworn EPS member and an Association Representative with both the EPA and AFPA and I wanted to provide some insight into this issue from an association perspective and how it could affect members when giving evidence in court.
In a landmark decision, McKee v. Canada (2023 ABKB 698), the Alberta Court addressed whether disciplinary records expunged under section 22 of Alberta’s Police Service Regulation (PSR) must still be disclosed in criminal proceedings when relevant. The court’s decision challenges long-standing assumptions about expungement, its equivalence to a pardon, and its impact on the Crown’s disclosure obligations. This article explores the legal context, court reasoning, and implications for police services, legal practitioners, and policymakers.
Case Background
At the center of the case was a member of the Edmonton Police Service (EPS), who had been found guilty of misconduct in 2009. Though this record was administratively expunged in 2022 under PSR s. 22, it resurfaced in a criminal matter involving the accused, McKee. The Federal Crown was in possession of a redacted version of the 2015 Decision of Hearing and intended to rely on it, prompting McKee’s legal team to seek full disclosure. EPS attempted to stay the disclosure order, arguing that releasing the expunged record would cause irreparable harm. They further asserted that PSR s. 22 shielded the record from disclosure. The case eventually made its way to the Alberta courts, where Justice
Macklin issued a definitive ruling.
Legal Issues and Questions
The Court was asked to address several fundamental questions:
- Is an expunged disciplinary record subject to “first-party” disclosure under R v. McNeil (2009 SCC 3)?
- Does PSR s. 22 bar the use of expunged records in criminal proceedings?
- If the Crown possesses the record, does Stinchcombe disclosure apply?
- Should PSR s. 22 be interpreted as equivalent to a federal pardon?
Relevant Case Law
The court’s decision drew upon a robust body of case law:
- R v. Stinchcombe (1991): Affirmed the Crown’s duty to disclose all relevant evidence to the defense.
- R v. McNeil (2009): Held that police disciplinary records can constitute first-party disclosure.
- R v. O’Connor (1995): Introduced the “likely relevance” test for third-party records.
- R v. Polny and R v. Steele: Suggested expunged records were not subject to disclosure.
- R v. Perreault and R v. Slaney: Compared expungement to pardons.
- EPA v. Edmonton (2017): Clarified that the PSR governs disciplinary—not criminal—proceedings.
Court’s Legal Analysis and Decision
Justice Macklin delivered a strong ruling with significant implications:
- Distinguishing Alberta Precedents: Prior cases like Polny and Steele assumed expungement equated to record destruction or federal pardon. Justice Macklin rejected these views.
- No Bar to Crown Possession: The court dismissed EPS’s argument that PSR s. 22 limited the Crown’s use of the record.
- Disciplinary ≠ Criminal Protections: The PSR governs internal police discipline and does not extend protections
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into the criminal justice process.
- First-Party Disclosure: The expunged record was deemed “first-party” and relevant, thus subject to mandatory disclosure.
- Balanced Privacy: While disclosure is mandatory, courts may allow redacted formats to protect officer privacy.
- Conclusion: The application was granted. The EPS and the Crown were ordered to disclose all relevant misconduct information from the Decision of Hearing to McKee’s defense counsel.
Key Takeaways
- McNeil Disclosure Still Applies: Expungement under PSR s. 22 does not shield records from first-party disclosure.
- Crown’s Role is Crucial: If the Crown deems past misconduct relevant, it must disclose—regardless of opposition from police agencies.
- Expungement ≠ Pardon: Alberta’s PSR s. 22 no longer carries the weight of a legal pardon or record suspension.
- Privacy & Practicality: Courts will allow redacted disclosures to protect officers but cannot avoid disclosure entirely.
- Policy Reform Needed: Police Associations may need to revisit the scope and language of PSR s. 22 to clarify limits on the use of expunged records.
Implications for Officers and Associations
- Misconduct Can Still Be Used: Officers may still face crossexamination based on expunged records if the Crown has knowledge of them.
- Be Proactive: Members with past disciplinary findings should consult the Crown proactively regarding future testimony or investigations. Being blindsided at trial and not being prepared to answer potential questions about prior police misconduct investigations could seriously affect the course of your file and hamper the reliability of your testimony. If asked about prior police misconduct investigations while giving evidence, it’s best to answer fully and provide context of the misconduct, but ultimately how that misconduct has any bearing on your current court matter could be mitigated right at the beginning of how you handle and respond to the question initially.
- Advocacy Required: From an Association’s perspective, we may need to consider lobbying for PSR reform to restore clarity and limit exposure of expunged misconduct.
As a result of Justice Macklin’s decision on the disclosure of police misconduct records, the EPS has appealed this to the Supreme Court of Canada.
Below are the various positions that will be presented during the appeal.
• Appellant’s Position: Chief of the Edmonton Police Service
The Appellant contends that the King’s Bench ruling improperly expands the scope of materials considered to be in the “possession of the Prosecuting Crown.” The core arguments include:
- Limiting Disclosure Scope: Disclosure should be limited to documents actually in the possession of the Crown in the specific prosecutorial file and not extend to unrelated or historical misconduct records.
- Analogy to Criminal Records: Police disciplinary information should be treated like other criminal history records, only disclosed under specific circumstances.
- Conflict with McNeil: The decision contradicts McNeil by effectively requiring disclosure of pardoned or expunged records, undermining rehabilitation and provincial jurisdiction over policing.
- Stare Decisis Ignored: The King’s Bench ruling neglects precedent, specifically decisions that respect the boundaries of first party disclosure.
- Threat to Justice System Integrity: The Appellant warns that the ruling, if upheld, could compromise both officer privacy and the overall functionality of the justice system.
• Intervenor’s Position: Detective X and Edmonton Police Association
The intervenors reinforce concerns around overbroad disclosure:
- Workable Standard Required: They advocate for a “workable” interpretation of “possession or control” to prevent unmanageable disclosure obligations.
- Respect for Expungement: Disclosure of expunged disciplinary records undermines statutory mechanisms meant to erase past misconduct, potentially violating legislative intent and officer rights.
• Respondent’s Position: The Crown
In contrast, the Crown defends the existing scope of disclosure and the broader public interest:
- Separation of Jurisdictions: Provincial expungement laws govern internal police discipline and do not override federal disclosure requirements established in McNeil.
- Unchanged Disclosure Scope: The lower court decision does not alter what is legally within the prosecuting Crown’s possession.
- Disciplinary vs. Pardoned Records: Removed disciplinary records are not equivalent to pardons and remain relevant to an officer’s credibility.
- Preservation of McNeil: There is no need to broaden O’Connor-style disclosure at the expense of McNeil’s first party disclosure principles.
- Precedent Application: Justice Macklin correctly applied existing case law, distinguishing earlier cases where necessary.
- Crown as Gatekeeper: The Crown remains the arbiter of
what materials must be disclosed to the defense, ensuring fairness and relevancy.
- Support from Co-Respondent: Co-respondent John McKee’s arguments align with those of the Crown, reinforcing the legal rationale.
The Broader Legal Landscape
This case raises critical questions around transparency, privacy, and prosecutorial obligations:
- McNeil vs. Expungement Laws: Is it justifiable to disclose records that provincial statutes intend to erase? Or does the public interest in fair trials outweigh individual privacy?
- Horizontal Stare Decisis: The dispute over adherence to precedent demonstrates the evolving nature of legal interpretation in the face of changing societal expectations of police conduct.
- Defining Control: What does it mean for the Crown to have “control” over documents—especially in decentralized systems like Canada’s where police and Crown prosecutors operate independently?
Conclusion
This legal confrontation illustrates the friction between maintaining the integrity of the justice system and protecting individual rights. As the courts grapple with where to draw the line, the outcome will not only clarify disclosure obligations but could also reshape the balance between police privacy and public accountability in Canadian criminal law.
Thanks again for reading, stay safe and I hope you get some time off over the summer to enjoy the warmer weather with your friends and family.
From the Director
Wellness and Retention: A Fresh Look at Keeping Our People
Hello Everyone, Welcome to 2025! How are things as we try to leave the dreary winter behind us and embrace what’s to come with the positive growth and energy of spring? As the seasons change, it’s a great time to reflect on our careers and the wellness of ourselves and our coworkers. Let’s talk about what we can do to keep happy, healthy, and thriving in this profession.
Police services across Alberta are facing a real challenge: retaining experienced officers in an increasingly complex and demanding environment. From staffing shortages to the struggle of bringing in new recruits, the pressure is on—and it affects everyone, from frontline officers to the communities we serve.
What’s Behind the Retention Struggle?
1. Workplace Culture and Morale: A toxic or unsupported workplace culture can drive good officers away. When harassment, discrimination, or a lack of leadership support takes hold, morale plummets. A healthy workplace culture: one that values transparency, respect, and accountability is key to retaining great people.
2. Operational Stress and Burnout: Long hours, highstress situations, and constant exposure to trauma take their toll. Without strong supports in place, officers burn out and leave.
3. Mental and Physical Health Impacts: Policing is both mentally and physically demanding. Chronic stress, PTSD, anxiety, depression, fatigue, and injuries are all too common. A lack of adequate mental health support only compounds the problem.
4. Public Perception and Scrutiny: The spotlight on law enforcement has intensified, and public criticism can chip away at morale. It’s harder than ever to recruit and keep new officers in this climate.
What Can We Do About It?
1. Foster a Positive Workplace Culture: Culture
is everything. We need to promote zero-tolerance for harassment, encourage open dialogue, ensure leadership accountability, and support diversity and inclusion across the board.
2. Make Officer Wellness a Priority: Wellness isn’t just about a yearly check-in. It means investing in mental health services, physical fitness programs, nutritional advice, peer support teams, and real work-life balance. The more we support our members’ overall well-being, the longer they’ll stay and the better they’ll perform.
3. Reward Years of Service: Let’s recognize loyalty. Structured pay increases at 5, 10, 15, and 20 years can send a strong message that we value long-term commitment. Add in perks like extra vacation, sabbaticals, or priority for specialty roles, and we give people real reasons to stay.
4. Invest in Career Development: Officers want to grow. Offering training, education reimbursement, leadership development, and clear promotion pathways helps members see a future for themselves in the job.
5. Strengthen Community Engagement: Building strong relationships with our communities helps foster pride in the work we do. When officers feel respected and supported by the people they serve, it reinforces their commitment to the profession.
Retaining officers isn’t just about perks, it’s about creating an environment where people feel respected, supported, and excited to stay. When we focus on wellness, meaningful recognition, and opportunities for growth, we not only strengthen our organizations but also improve the quality of service we deliver to the public.
Let’s continue working together to build a better future for policing in Alberta, one that values and sustains the people who dedicate their lives to it.
Stay safe and take care of one another.
Farewell to a Great Partner
Hello everyone, I know each and everyone of us can think back throughout our career of those partners we have worked with that we both greatly enjoyed spending hours and hours with and those we would prefer to just forget about. To this day “Uncle Mike” as he is known around my house, will be that person. The shifts with Mike were fun, productive, and I couldn’t wait to do it all again the next set.
In this article I will pay tribute to my four legged partner Hawk, a black Labrador that became my partner in 2013 and continued to work serving victims of crime, those who suffered a traumatic loss and children and adults alike who were required to attend court to provide testimony of often unspeakable acts.
After being told my partner was leaving this earth I fondly reminisced to myself the journey him and I embarked on so long ago. The Trauma K9 program was one I had been working on from the corner of my desk with little movement when suddenly I was surprisingly boarding a plane with little notice once a Deputy decided we should have one after watching a presentation from Kim Gramlich of the Delta Police Department. Kim was a civilian who, along with her yellow Lab ‘Caber’ was operational in British Columbia. To be honest, I was not much of a ‘dog person’ at the time. I had a small yappy Bichon Shih Tzu that had taken my heart but required little attention outside of some lap time after work.
I spent a week in Burnaby at the Pacific Assistance Dogs Society training centre bonding and learning commands. After the week, we were boarding a WestJet flight back to Calgary. Being a service dog, Hawk was permitted to fly in the cabin with me and was given his own seat, although there were strict rules on having to stay on the floor. As time went on, him and I flew often, giving presentations across Canada. I can’t imagine what the noises of the airplane sounded like to him, he would always lay his head on my lap and stare at me. It seemed he was always looking to make sure I was relaxed and everything was ok.
It wasn’t long after arriving home that Hawk’s true skills were
shown. For those who were on the job on April 15, 2014 will recall the Brentwood homicide which shook both Calgary and all of us working. In the immediate days and weeks that followed Hawk would accompany me from the early morning conducting media interviews to the late hours while we spent time with the victims families, the community and meeting with some members who had attended the scene. We spent hours at the University of Calgary, and Alberta College of Arts and Design. I do not remember how many days in we were but I recall getting home, pouring a stiff whiskey, and collapsing on the couch. Much like on the airplane, he slowly sauntered over and put his head on my lap. Without a doubt, checking in on me.
As time marched on, Hawk continued to put his blue vest on, and with his badge clipped to his collar he would do what he did best to help people: lie there and give quiet support and security. In October of the same year, Hawk would again be called upon to make history and help those who needed him the most. I was contacted by Rose Greenwood, a tenacious Crown Prosecutor who specialized in child abuse cases who inquired about utilizing Hawk to assist with two young children who were needed to testify in court, both as victims of horrendous abuse. The young girl, who at the time was only 7 years old, needed to spend some of her days not playing like a normal child should, but instead spending time with Rose and Detectives at the Child Advocacy Centre preparing for trial. When a break was needed the young girl would happily take a couple of treats in her had and bury herself under pillows waiting to be found in their private game of hide and seek. Hawk, who would never pass on something to eat, would eagerly seek her out for his reward. During the days of the trial, Hawk would lie on the couch they moved into the child friendly room and support her. My favorite memory was when the child stopped talking and proclaim “Hawk just tooted!” His support made national headlines as the first support dog to be allowed in court.
It was not an easy day when our time as a partnership ended and I returned to patrol. Fortunately Cst. Darryl Jones and his family welcomed him with open arms. Hawk continued helping countless people until his well deserved retirement. I thank Darryl and his family for all the love they gave. I could fill this entire magazine with stories of Hawk and what he meant to me, my kids, and this organization. His legacy will live on through the use of two new four legged heroes. Rest well my friend, you have earned it
Line of Duty Deaths - Are Your Members Properly Protected?
Thankfully, police line of duty deaths are quite a rare occurrence for our AFPA members. Due to their low frequency, these high impact events are quite often not given the attention they deserve when our member police associations assess their contracted benefits and plan improvements for future rounds of collective bargaining. The tragic deaths of Edmonton Police Service Constables Travis Jordan and Brett Ryan in March 2023 has brought a renewed focus on what ensues when an AFPA member makes the ultimate sacrifice. This article is intended to provide some insight into what actually happens to the families of the fallen when the unthinkable occurs.
Prior to 2018, the surviving family dependents of AFPA members who died in the line of duty received whatever insurance payouts and other negotiated benefits were available to them. These varied across the province and were quite often inadequate in meeting the longer-term needs of the survivors. What was also glaringly missing was any sort of government financial compensation recognizing the sacrifice that had been made. That changed in 2018 with the introduction of the federal Memorial Grant Program for First Responders, followed closely by the creation of the Alberta Heros’ Fund for First Responders in 2020.
The Memorial Grant Program largely came about due to the national lobbying efforts of the Canadian Police Association and the International Association of Fire Fighters. It was spearheaded at the federal level by Liberal Member of Parliament, Ralph Goodale, and it came to fruition on April 1st, 2018. Goodale made the following comments to Canadian Police Association Members in attendance at their 2019 Legislative Conference in Ottawa;
“First responders put their lives on the line every day to keep the rest of us safe. Their selflessness and sacrifice commands the respect of all
Canadians, and their families deserve to be treated with the greatest compassion and support when tragedy strikes. The Memorial Grant Program recognizes the service of first responders in their unwavering commitment to keep Canadians and their communities safe.”
- The Honourable Ralph Goodale, Minister of Public Safety and Emergency Preparedness (Public Safety Canada news release, April 1st, 2019)
The Memorial Grant Program pays a tax-free, one-time lump sum amount of $300,000 to eligible beneficiaries. The Public Safety Canada website states the following; Memorial Grant Program for First Responders
“When firefighters, police officers, paramedics, correctional, parole or probation officers put their safety on the line, they are acting in service to all Canadians.
In recognition of the critical role of first responders in protecting Canadians, the Memorial Grant Program for First Responders will provide a one-time lump sum, tax-free direct maximum payment of $300,000 to the beneficiaries of first responders who have died as a result of their duties.
The Memorial Grant is a non-economic benefit and does not compensate beneficiaries of first responders for monetary loss (income replacement) or serve as life insurance, but rather, is in recognition of their service and sacrifice.”
What are the eligibility criteria for the Memorial Grant?
• The deceased first responder must have been employed or formally engaged to carry out the duties of a police officer, firefighter, paramedic, correctional officer, parole officer or a probation officer. This includes all volunteers, auxiliary and reservists.
• The death of the first responder must have been attributable
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to, and resulting from, the performance of official duties in the following circumstances:
• a fatal injury while actively engaged in the duties of a first responder;
• an occupational illness primarily resulting from employment as a first responder; or
• a psychological impairment or occupational stress injury (e.g., post-traumatic stress injuries) resulting in suicide.
Who is eligible?
Families of first responders who die as a result of their duties are eligible, based upon the following order of priority:
• the spouse or common law partner; or
• if there is no surviving spouse or common law partner, a surviving child or children divided in equal amounts; or
• if there is no surviving child, a surviving parent or parents divided in equal amounts; or
• if there is no surviving parent, surviving siblings divided in equal amounts; or
• if there are no surviving siblings, the surviving beneficiary(ies) of the deceased’s estate. The Memorial Grant Program for First Responders
The Alberta Heroes’ Fund for First Responders was created by the Alberta government through the enactment of the Heroes’ Compensation Act in December, 2020. Premier Jason Kenney had this to say in his statement proposing the legislation:
“There is no higher form of public service than to risk one’s life to maintain public safety. While nothing can replace a loved one, the Heroes Fund will provide families with extra support and improved benefits while honouring the brave and valiant service of Alberta’s fallen heroes.”
– Jason Kenney, Premier (November 2020)
The fund is administered through the provincial Worker’s Compensation Board and it largely mirrors the federal Memorial Grant Program. It pays a one-time, tax-free payment of $100,000 to families of first responders who die as a result of their duties. Full details can be found in the Heroes’ Compensation Act at www.alberta.ca/alberta-kings-printer
Negotiated Protections - In addition to the compensation available through the federal and provincial government programs, most AFPA associations have negotiated additional protections into their collective agreement to ensure that the families of the fallen are adequately provided for. These protections generally involve life insurance for all members (usually 1X to 2X annual salary) and more detailed solutions specific to members who become disabled or perish as a result of performing their lawful duties. The Calgary Police Association collective agreement, under “Supplementation of Compensation”, provides a good example of a negotiated solution that attempts to reasonably replicate the earnings & pension a fallen member would have earned, had they not met
an early demise performing their duties. Union agreements and associations
The Canada Pension Plan – CPP may also provide a survivor’s pension to a fallen member’s spouse or common-law and a financial benefit to any dependent children under 18 years of age or under 25 years of age if attending a recognized post secondary school. The maximum survivor’s pension in 2025 for a spouse or common-law under age 65 is $770.88 and the maximum child benefit is $301.77. CPP also provides a onetime death benefit of $2,500.00. www.canada.ca/en/services/ benefits/publicpensions/cpp/payment-amounts.html
Other - The advent of technology and platforms such as Go Fund Me have added a new component to compensation for family members of the fallen. The Edmonton Police Foundation, in partnership with the Edmonton Police Association, reportedly raised $520,516 after the deaths of Constables Jordan and Ryan. According to the Go Fund Me page, “100% of the funds raised (minus credit card fees) will go to the families.” www. gofundme.com/f/cst-ryan-cst-jordan-memorial-fundraiser
Hypothetical Example - To conclude this article; I am going to provide a hypothetical example of what would occur if a Calgary Police Association (CPA) member died in the line of duty in 2025. In this example, the member is a 1st Class Constable making $121,357 annually. They leave behind a surviving spouse and two children under the age of 18. The benefits provided would look like this;
Cash Payments
• $300,000.00 Memorial Grant payment
• $100,000.00 Heroes’ Fund payment
• $243,000.00 City Life Insurance (2X annual salary - rounded)
• $100,000.00 CPA Life Insurance (mandatory member policy)
The total one-time minimum cash payout to the member’s spouse would be $743,000.00. This amount would be higher if the member had personally contracted any additional life insurance or other forms of insurance, i.e. mortgage or loan insurance.
Salary
Replacement - In addition to the cash payments, the member’s spouse, through the CPA’s Supplementation of Compensation provisions, would continue to receive the equivalent of the member’s bi-weekly salary, subject to the negotiated off-set provisions (reductions) for any WCB and / or CPP survivor benefits. The family’s health & dental benefits would also endure with premiums being deducted in the usual fashion. The salary replacement would continue until the member would have reached the earlier of 35 years of service or 65 years of age. The compensation provided would be increased to reflect any negotiated wage increases as they occur.
Pension Replication - As part of the salary replacement provisions, the city continues to deduct the equivalent of what the member’s Special Forces Pension Plan (SFPP) contributions would have been. This is done to recognize that the city will eventually provide further payments to the spouse, once salary replacement concludes, that replicate what the member would have received from the SFPP. This replication amount is calculated from the time of the member’s death until they would have reached 35 years of service or 65 years of age. SFPP is responsible for any pension earned prior to the member’s death.
SFPP Pension - The spouse of a vested (2 or more years of service) SFPP member is eligible for a monthly pension (payable immediately) or a 1-time lump sum payment. The amount of the pension or payment depends on the member’s years of pensionable service at the time of their death. SFPP will assist with determining the value of the pension. Death Before Retirement - Special Forces Pension Plan It should be noted that this payment is not subject to the off-set provisions in the Supplementation of Compensation and any pension would be in addition to the monthly salary replacement amounts.
CPP - Our hypothetical member’s spouse and children would be eligible for the CPP benefits outlined earlier in this article;
however, these benefits are subject to the off-set provisions in the CPA’s Supplementation of Compensation language and any salary replacement would likely be reduced by amounts equivalent to these benefits.
Other - My example doesn’t consider Go Fund Me or other potential sources of compensation as they are not a given and can vary quite significantly.
Conclusion - As is evident from the example provided, a surviving spouse may actually be better off financially (and quite rightly so) than they were before the member’s passing. It’s incumbent on all associations to review their negotiated benefits and ensure that is the case.
One area where an association might be able to assist in situations like this is to provide access to a pre-vetted and qualified financial planner. Not all surviving spouses will be well equipped to deal with the cash payments they will receive and pointing them in the right direction could prove helpful.
In closing – lets hope and pray that we never have to deal with another line of duty death, but let’s make sure we are well prepared if we do.
