Canada’s top court has unanimously dismissed a bid by the Edmonton Police Service to limit information about officer misconduct turned over to defendants in criminal cases.
The Supreme Court of Canada on Friday issued its decision in the case of Edmonton Police v. John McKee, a man charged in 2022 with drug and weapons offences. During pre-trial proceedings, McKee learned the lead detective had disciplinary records that could assist his defence.
While the Crown agreed the records were relevant, Edmonton police refused to turn them over, claiming the misconduct had been removed from the officer’s disciplinary file after a period of good behaviour.
A seven-judge Supreme Court panel disagreed with the Edmonton Police Service (EPS) interpretation of the law and said the records must be handed over.
“The police must meaningfully participate in the disclosure process by identifying and transmitting relevant information to the Crown, including investigative and disciplinary material,” Justice Sheilah Martin wrote.
“The administrative removal of a record of police misconduct from a police officer’s record of discipline does not alter the legal regime under which its disclosure is determined in criminal proceedings.”
Edmonton police had argued requiring police to turn over files “expunged” for an officer’s disciplinary record would undermine their privacy rights and cause the justice system to “collapse under the impossibility of the Crown’s disclosure obligations.”
The court disagreed, saying an accused’s ability to make “full answer and defence” trumps privacy concerns.
“Police cannot unilaterally withhold relevant information from first party disclosure based on their assessment of their privacy interests,” Martin wrote.
More to come.
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