After more than 22 months, calls are being made by legal professionals for the Alberta government to disclose the final report of an independent review examining the handling of police misconduct investigations by the Alberta Crown Prosecution Service (ACPS). Initiated by Justice Minister Mickey Amery in November 2024, the review focused on the policies and practices of both the ACPS and the Alberta Serious Incident Response Team (ASIRT), the province’s police oversight body.
Former Court of Appeal of Alberta justice Peter Martin led the review, tasked with evaluating the decision-making process of the Crown when considering criminal charges against police officers. Although the report has been submitted to government officials, there has been no confirmation on its release date or whether it will be made public.
The review involved an extensive analysis of the policies and practices of ASIRT and ACPS, along with a comparison with how other provinces handle alleged criminal misconduct by police officers. The importance of balancing public interest, victim needs, public safety, and the rights of the accused within the justice system was emphasized.
The review was prompted by several cases where ASIRT concluded that criminal actions likely occurred but the Crown chose not to prosecute the officers involved. These incidents included the fatal shooting of an unarmed man, the mistaken detention of an autistic teen, and a teenager sustaining serious injuries from a police officer’s actions.
Tom Engel, chair of the Criminal Trial Lawyers’ Association (CTLA) policing committee, stressed the urgency of releasing the Martin review to the public, highlighting the need for transparency in addressing police misconduct. The CTLA has advocated for specific reforms, such as dedicated prosecutors for police cases and adopting protocols similar to British Columbia’s approach.
Further cases have emerged post-review announcement where the Crown declined to press charges against officers despite ASIRT recommending prosecution. Engel criticized the government for delays in taking action on the review’s findings, emphasizing the need for prompt reforms.
The discussion around the review also raised concerns about the finality of the Crown’s decision not to prosecute, leaving individuals harmed by police actions with limited avenues for seeking justice. Calls for empowering ASIRT with prosecutorial authority and implementing comprehensive reforms have been voiced by legal experts and criminologists.
The lack of transparency in the decision-making process and the potential impact on public trust have been highlighted as crucial factors for making the report accessible to the public, irrespective of the government’s actions on the recommendations.