In the Matter of the Police Act, R.S.A. 2000, c.

P-17, and
In the Matter of the Police Service Regulation, Alta. Reg. 356-1990,
And in the Matter of Disciplinary Proceedings Against
Regimental Number A.B Cst. A.B.
of the Edmonton Police Service.

Decision
Background
Constable A.B. was cited on June 8th, 2023 with two counts of misconduct related to her post of a
social media video of herself in uniform discussing Covid related restrictions and protests on
February 8th, 2022. A third count of misconduct related to her attendance at a Covid protest rally
on February 12th, 2023. Discussions between the constable and the Presenting Officer came to a
proposed resolution and joint submission.
On June 21st, 2023 this matter convened before me with Ms. Deana MACFADYEN presenting
on behalf of the Chief of Police and Mr. Patrick NUGENT representing the cited officer who was
also present.
The Presenting Officer offered the usual three documents appointing me as the Presiding Officer,
herself as the Presenting Officer and the Notice and Record of Disciplinary Proceedings as
exhibits.

She then offered a Statement of Agreed Facts as an exhibit. All were accepted by agreement of
the Cited Officer’s counsel.

Exhibits
Exhibit #1 - Memorandum from the Chief appointing me as the Presiding Officer,

Exhibit #2 - Memorandum from the Chief appointing Ms. Deana MACFADYEN as

the Presenting Officer,
Exhibit #3 - Notice and Record of Disciplinary Proceedings,

Exhibit #4 - Statement of Agreed Facts.

By agreement, the Presenting Officer noted that Constable A.B. accepts Count #2 as made out in
the Statement of Agreed Facts. This was confirmed by Mr. NUGENT. Counts #1 and #3 were
withdrawn.

The Evidence
For ease of reference, the agreed facts are reproduced herein.

1. The matters set out in this Statement of Agreed Facts are admitted solely for the
purpose of the disciplinary hearing to be conducted into the charges as set out in the
Notice and Record of Disciplinary Proceedings dated June 08, 2023. They are not
admitted for any other purpose or any other proceedings. Either party may call

2
additional evidence on the matters set out in this Statement, but may not contradict the
agreed upon facts.

2. Cst. A.B. has been a member of the Edmonton Police Service since December 01,
2008. Attached hereto as Exhibit “A” is a copy of Cst. A.B.’s Service Record Summary.
The member does not have a previous disciplinary record.
3. On February 08, 2022, the EPS Digital Media Unit became aware of a shared
Instagram post containing a video of EPS member Cst. A.B. in an EPS uniform shirt.

4. In the Instagram Video Cst. A.B. identifies herself by name and rank then speaks of her
support for a protest by truckers against mandatory vaccinations, as well of rights to free
speech, freedom of choice, and freedom of expression. Attached hereto as Exhibit
“B” is a copy of a transcript of the Instagram video.

5. Cst. A.B. draws a parallel between exercising discretion during an impaired

investigation and choosing not to enforce “unlawful orders” in relation to her views of
the pandemic. She expresses a differential application of the law based on her personal
beliefs and encourages others to do the same.
6. On February 10, 2022 Cst. A.B. was served with an Order from D/C Al Murphy
attached hereto as Exhibit “C”; indicating that the posted Instagram video was done in
contravention of EPS social media policy. D/C Murphy ordered Cst. A.B. to immediately
take all steps necessary to delete the post and any related posts. Attached hereto as
Exhibit “D” and “E” are copies of the IS4Po Social Media Policy dated November 02,
2021 and the SD21-025 Social Media Policy Update dated October 12, 2021
respectively.

7. A subsequent Facebook post from February 12, 2022 relating to the Milk River border
crossing / blockade showed Cst. A.B. and another EPS member take the stage in
civilian clothes at the rally, identify themselves as police officers and make statements in
support of the rally. Attached hereto as Exhibit “F” is a transcript from the Facebook
video.

8. In her interview with the Professional Standards Branch on June 22, 2022 Cst. A.B.
indicated that she did not believe the Milk River event was an illegal blockade. Cst. A.B.
believed that the authorization she had received upon being served the Order from D/C
Al Murphy was that she could speak in public about her personal views but was not to do
so while in uniform.

9. At the Milk River rally, the road for various portions of time were illegally blockaded.

3
 10. Despite Cst. A.B.’s personal beliefs and values her attendance and participation in
the protest undermined the EPS’ role of enforcing related health measures and ensuring
the public was safe and secure during the protest gatherings. Her behaviour was
reasonably considered unlawful and reckless towards public safety.

11. Cst. A.B. was initially placed on Administrative Leave and then subsequently
relieved from duty without pay effective February 23, 2022. Cst A.B.’s status was
changed to relieved from duty with pay as of January 13. 2023. Cst. A.B. will not
receive any back pay for the ten months during which she was relieved from duty without
pay; however the Edmonton Police Service will be paying back the employee and
employer pension contributions during the time Cst. A.B. was relieved from duty
without pay.

12. The pandemic was a stressful and polarizing time for police officers and members of
the public.

13. Cst. A.B. has acknowledged the inappropriateness of her actions and has since
received the appropriate medical assessments and has been deemed fit to return to duty.
Cst. A.B. has confirmed her intention and duty to enforce and uphold the law as a
member of the Edmonton Police Service, via a letter written to the Chief dated May 19,
2023; attached hereto as Exhibit “G”.

Based on her acceptance of the disciplinary count and the facts noted within the statement, I
found the count had been proven.

Sanction

The Presenting Officer submitted that a recommendation for a just and suitable sanction had
been determined and that was for a reprimand and an order to report to Human Resources for
reintegration.

Several AMERY factors were touched upon. This is a remedial sanction. The obvious
aggravating factor is that this was a troubling incident at a difficult time for health officials and
law enforcement. Police officers do exercise some degree of discretion but they cannot
selectively apply the law. Such actions undermine public confidence in the police as well as the
Chief’s confidence in the ability of the involved officer to carry out their appointed duties.

Mitigating this is that the cited officer has demonstrated remorse through acceptance of
responsibility for her actions. She has cooperated with the investigation and has acknowledged
the impropriety of her actions. She has assured the Chief that she will enforce the law as

4
required of her. She has been determined to be medically fit and able to return to duty. She has
demonstrated insight and will take positive action to prevent a recurrence. It is acknowledged
that this misconduct was against a backdrop of unusual and polarizing times. It was not
premeditated misconduct but an isolated and emotional reaction to the times.

The Chief recognized the significant financial impact of the suspension without pay and was not
seeking any additional financial deterrent. In totality, the Chief believes this sanction satisfies
the public interest.

I recognize and acknowledge the deference I should give joint submissions following the
Supreme Court of Canada decision in ANTHONY-COOK. The test is whether the joint
submission offends the public interest and not if it is a sanction I might impose. Given the
mitigating and aggravating factors presented by Ms. MACFADYEN and supported by Mr.
NUGENT, I am satisfied the public interest would not be offended by a reprimand. Such a
sanction is both fit and reasonable in the circumstances.

Constable A.B. is reprimanded for her misconduct and is to report to the Edmonton Police
Service Human Resources unit for participation in a reintegration into the service.

Dated this 21st day of June, 2023.

Fred R. KAMINS, Chief Superintendent, RCMP (Retired) The Presiding Officer

Ms. Deana MACFADYEN The Presenting Officer

Mr. Patrick NUGENT For the cited officer