In accordance with the Police Act, Section 46.1(1), the Chief of Police shall as soon as practicable notify the Edmonton Police Commission (Commission) and the Minister of Alberta Justice and Solicitor General where
a) An incident occurs involving serious injury or the death of any person that may have resulted from the actions of an Edmonton City police officer, or
b) A complaint is made alleging that
i. Serious injury to or death of any person may have resulted from the actions of an Edmonton City police officer, or
ii. There is any matter of a serious or sensitive nature related to the actions of a police officer.
Definitions:
SERIOUS INJURY – When the victim is admitted to hospital, suffers a fracture to a limb, rib, or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault.
SERIOUS OR SENSITIVE MATTER – May be defined as any matter alleged to be connected with the actions of a police officer which may result in criminal charges against a police officer or that has the potential to bring the Edmonton Police Service into disrepute or undermines public confidence in the police.
Guidelines:
- Serious injury shall initially be presumed when the injuries are likely to interfere with the health or comfort of the victim and includes all of the scenarios listed in the definition of serious injury.
- Identifying complaints of a serious or sensitive nature will require the exercise of judgment by the Chief of Police taking into account the following contextual factors:
- Nature of alleged incident;
- Allegation of sexual assault by officer;
- Extent of alleged loss or damage;
- Impact on alleged victim;
- Number of alleged victims;
- Number or frequency of similar allegations;
- Potential for perception of significant conflict of interest;
- Impact on community and/or on police and/or on justice system;
- Impact on public confidence in police; and,
- Potential for bringing police or justice system into serious disrepute.
Procedures:
- Pursuant to Section 46.1 of the Police Act, within 24 hours of any incident or complaint or as soon as is practicable under the circumstances, the Chief of Police shall notify the Commission Chair, or designate, and the Commission’s Executive Director, or designate.
- The Executive Director, or designate, shall then notify the Commission’s Public Complaint Director as soon as practicable thereafter.
- Either the Executive Director or the Public Complaint Director will then notify all other Commissioners of the incident or complaint as soon as practicable thereafter.
- The Commission administration shall retain a record of all notifications and related communications as required by the Commission’s record retention schedule.
References:
- Police Act, RSA 2000, c P-17.