After over 22 months since an independent review began to assess the Alberta Crown Prosecution Service’s (ACPS) handling of police misconduct investigations, there are calls from legal professionals to release the final report to the public. Initiated by Justice Minister Mickey Amery in November 2024, the review focused on the policies and procedures of the ACPS and the Alberta Serious Incident Response Team (ASIRT), the province’s police oversight body.
The review, led by former Court of Appeal of Alberta justice Peter Martin, aimed to analyze how the Crown determines the pursuit of criminal charges against police officers. While government officials are currently reviewing Martin’s report, the timing of its receipt and potential release remains undisclosed, according to a statement from Heather Jenkins, Amery’s press secretary.
Jenkins highlighted that the review encompassed a comprehensive evaluation of the policies and practices of ASIRT and ACPS, alongside a comparison with how other provinces handle alleged criminal misconduct by police officers. Emphasizing the importance of balancing public interest, victim needs, public safety, and the rights of the accused, Jenkins affirmed that the Alberta government is committed to ensuring this equilibrium while upholding the independence of Crown prosecutors.
The review was prompted by several incidents where ASIRT concluded that criminal offenses likely occurred, yet the Crown opted not to prosecute the officers involved. These cases include instances such as an unarmed man fatally shot by police, an autistic teenager mistakenly detained, and a youth sustaining severe injuries from a police officer’s actions.
Tom Engel, chair of the Criminal Trial Lawyers’ Association’s policing committee, emphasized the necessity of promptly releasing the Martin review, asserting that transparency demands public disclosure considering the significant time already spent on the report. Engel, who contributed to the review, revealed that the finalized report, completed around mid-2025, recommended extensive reforms.
The CTLA has long advocated for specialized prosecutors for police cases, public disclosure of decision-making prosecutors’ identities, and the adoption of British Columbia’s practice requiring a written rationale for declining charges. Engel pointed out ongoing cases where Crown decisions not to prosecute officers despite ASIRT recommendations have surfaced, underscoring the urgency for government action.
The ACPS and ASIRT participated in the review process, but both entities declined to comment for this article. Heather Steinke-Attia, an Edmonton lawyer, raised concerns about the finality of Crown decisions not to prosecute, leaving victims of police actions with few avenues for justice. She highlighted the rarity of ASIRT directly charging officers without Crown approval, illustrating the challenges faced by individuals seeking accountability for police misconduct.
University of Alberta criminologist Temitope Oriola stressed the need for urgent reforms to grant ASIRT full investigative and prosecutorial powers, criticizing the ACPS for assuming dual roles as “judge and jury” in police misconduct cases. Oriola proposed adopting a Norwegian model with a unified bureau of investigation for all policing matters in Alberta to streamline processes and enhance accountability.
Criminal defense lawyer Kathryn Quinlan echoed the importance of public transparency, expressing disappointment at the prospect of the report remaining undisclosed. Quinlan emphasized the public’s right to be informed about decisions impacting their communities, highlighting the necessity of releasing the report to foster trust in the justice system.
This article was originally published on CBC News.
