Criminal Trial Lawyers' Association calls for criminal probe into Edmonton police chief, lawyer
Edmonton police declined to comment on the letter Tuesday
A group representing Alberta's defence lawyers says it wants an investigation to look into statements made by Edmonton's police chief and the police department's top lawyer in connection with a recent manslaughter case.
The Criminal Trial Lawyers' Association says serious questions surround Chief Warren Driechel and police lawyer Megan Hankewich for their statements about a case involving the death of an eight-year-old girl named Nina Napope.
The call comes in a letter to Alberta Justice Minister Mickey Amery from Edmonton lawyer Tom Engel on behalf of the association. The letter was also made public Tuesday.
"I request that the minister of justice direct the Police Review Commission to investigate Hankewich and Driechel for criminal conduct related to the case," Engel writes in the letter.
He said their behaviour merits examination for possible criminal violations, including extortion, obstruction of justice and intimidation of a justice system participant.
The commission is an arm's-length, civilian-led agency investigating complaints of police conduct.
Edmonton police declined to comment on the letter Tuesday. Amery's office said in a brief statement that it is reviewing it and is "unable to comment further at this time."
A spokesperson for the Police Review Commission said it is aware “of this matter.”
“At this time, there’s no active investigation,” he said in an email.
The letter is the latest development in a controversy that challenged the firewall between police — who investigate and can either recommend or lay charges — and prosecutors, who decide in the public interest how the case and the charges are handled in court.
That issue arose in September when Driechel and Hankewich took the highly unusual step of publicly intervening in the sentencing of Ashley Rattlesnake in Nina's death after saying they had learned the Crown was poised to accept an eight-year prison sentence.
In a public letter to Crown prosecutors in September, Hankewich said such a sentence would be a "significant miscarriage of justice" given the horrific circumstances of the case. She warned that if the eight-year sentence was approved, police may be forced to release details of the case to prove their point to the public. The letter was forwarded by Driechel.
The issue sparked a public debate on the firewall. Premier Danielle Smith weighed in at the time, backing the Edmonton Police Service's concerns and stating that the public needs to understand why Crown prosecutors make their decisions.
Rattlesnake pleaded guilty to manslaughter, and the case was eventually resolved in February, but not before the judge involved — Justice Jody Fraser — delivered a sharp rebuke to police.
The Crown prosecutor had asked for a nine-year prison sentence, while the defence had requested seven years.
Fraser settled for eight years. In his decision, he called police comments surrounding the sentencing "reprehensible," and suggested their "veiled threat" may have obstructed justice.
He also cited the comments as a "somewhat" mitigating factor in sentencing.
Police have since said they are reviewing their options and have still not decided on whether to release public details.
In his letter, Engel writes that once a Police Review Commission investigation is done, the case should then be referred to an out-of-province attorney general to decide whether criminal charges should be laid.
He said the matter cannot be left to the province, given Smith's previous comments supporting the police and the fact that a former Edmonton police chief, Dale McFee, is now the top bureaucrat advising Smith's cabinet.
The Rattlesnake case contained disturbing details of the child's final hours.
Court heard Rattlesnake was drinking alcohol and using methamphetamine the night Napope was killed. The girl was found lying on the floor bleeding next to a hole in the wall, but it isn't known how she sustained her fatal head injury.
An autopsy showed she had multiple broken bones and injuries, some of which had previously healed. She also had sepsis because of an infected tooth that was left untreated. Court heard the blood infection reduced her chances of survival.
Rattlesnake didn't call 911 and instead asked acquaintances for help. Four others were charged in the case. Napope was found dead in a hockey bag in the back of a truck in central Alberta in 2023.
Fraser said Rattlesnake was "wilfully blind to Nina's suffering" and treated her body "almost as trash."
ABOUT THE AUTHOR
'I stand by my decision': Edmonton police chief defends Israel trip
Warren Driechel’s trip last month has faced backlash
Edmonton police Chief Warren Driechel says he stands by his decision to travel to Israel last month, following criticism from community groups and city council members.
The February trip was part of a delegation of North American policing executives organized by the Major Cities Chiefs Association.
In a statement released Tuesday by Edmonton Police Service, Driechel said the trip was an opportunity to learn from Israeli policing practices and was paid for by the association.
“Police to police, we were able to talk about the toll this work takes on the people who do it. We talked about building trust in communities where there is little trust,” the statement said.
Driechel said he met with officers from Jewish, Christian, Muslim and Druze communities, as well as Muslim community leaders, “who shared openly about their concerns and their reasons for working with police.”
“These officers and community leaders operate in an environment that demands extraordinary vigilance – managing crime, counter terrorism, supporting community and crisis response all amid extreme complexity,” wrote Driechel.
The visit has prompted backlash from Islamic mosques and Muslim community groups in Edmonton, who have raised concerns about Israel’s attacks in the Gaza Strip and alleged human rights violations.
Some members of council, including the mayor, also expressed concern.
In a social media post Monday, Ward tastawiyiniwak Coun. Karen Principe said she believes the trip was intended to better serve Edmonton, but was concerned how the issue has affected relations between city council and police.
“I’m disappointed that this conversation has unfolded publicly in the way it has, and I believe Chief Driechel deserves more respect in this conversation,” she wrote.
She added, "Edmontonians expect their leaders to work together, and maintaining a professional relationship with the chief is essential to that."
Ward Ipiihkoohkanipiaohtsi Coun. Jon Morgan said in a social media post that the trip was “undoubtedly a controversial choice that divides more than it unites.” He said he wants to see work done to restore relationships.
“Our council this term has built a good relationship with Chief Driechel and I believe him to be a good man, but he needs to build bridges, work to regain trust, take accountability, and truly listen to all Edmontonians,” it reads.
A police trip to Israel is causing tensions in EdmontonDriechel said the criticism has raised broader concerns.
“As police, we focus on behaviour, not beliefs. Where I have felt challenged this week is in the implication that any community group should have the right to direct where we can learn,” he said.
He added that the trip provided valuable perspective and that he remains committed to engaging with diverse communities.
“I stand by my decision to take the trip to Israel and continue to view it as valuable," the statement said.
ABOUT THE AUTHOR
Edmonton mayor 'disappointed' in police chief and commission over visit to Israel
Chief Warren Driechel travelled to Israel to meet with local police in February
Mayor Andrew Knack says he’s "disappointed and frustrated" by Edmonton Police Chief Warren Driechel's decision to join an international delegation to meet with state policing officials in Israel last month.
In a social media post Friday, Knack also expressed disappointment in the chair of the Edmonton police commission for approving the trip, which was organized by the Major Cities Chiefs Association, an organization of police executives in North America.
“For many Edmontonians, the violence in the West Bank and Gaza is not distant. Families in our community are grieving and are worried about loved ones who are living among unimaginable hardships,” the post reads.
“Decisions like these cause real hurt, damage relationships with communities that already feel marginalized and break trust.”
Earlier this week, mosques, Palestinian groups and others signed an open letter to the Edmonton police commission denouncing the trip amid Israel's ongoing attacks on Gaza.
The letter calls for the police commission to clarify what policing practices were learned, and if they will be used on Edmontonians.
The Edmonton Police Service has told CBC News that the trip was an opportunity for Driechel to learn from Israeli police and said it was paid for by the Major Cities Chiefs Association.
Driechel declined an interview request from CBC News this week.
Ward Anirniq Coun. Erin Rutherford said a number of councillors met with Edmonton’s Palestinian community this week. She said many told councillors they had lost trust in the police force.
“So many of our refugees that have called Edmonton home, so many of these marginalized communities have had negative and adverse experiences with our police systems, with military systems across the world,” she said in an interview. "These are fragile relationships.
“When you're in a position of chief of police or the commission, you have to think about, ‘are there unintended consequences that would affect the people that I serve in making this decision,’ and that just wasn't there.”
Knack wrote that he has asked the police commission to review how the current policy on travel is decided. He said he also expects the police chief and commission to connect with the community to “repair where trust has been broken so that all Edmontonians feel safe.”
CBC News has reached out to the Edmonton Police Service and the Edmonton police commission for comment on Knack’s statement, but had not received a response at the time of publication.
A day before Knack issued his statement, Edmonton police commission chair Ben Henderson issued a statement saying that he approved Driechel's travel to Israel "in accordance with the terms of his contract."
He said the commission has discussed the trip and agreed to review its travel request policies to determine if any changes should be made.
"The commission continues to have confidence in Chief Driechel and his leadership of the Edmonton Police Service."
Driechel's trip comes amid ongoing conflict involving Israel in the region. Israel's war in Gaza began in October 2023, after an attack by Hamas militants killed more than 1,200 people, according to Israeli officials. Israel's war in Gaza has killed more than 72,000 people, according to Palestinian Health Ministry data from February.
On Feb. 28, Israel and the United States launched an attack on Iran, which has since expanded to Lebanon. According to officials, the war has killed at least 1,300 people in Iran, almost 700 in Lebanon and at least 13 in Israel.
ABOUT THE AUTHOR
With files from Wallis Snowdon
No comments:
Post a Comment