Retired judge to review Edmonton police interactions with accused before Chinatown killings

More than four months after the Edmonton police commission promised to hire an independent third party to review events leading up to the killing of two men in the city's Chinatown district, a retired judge has been hired for the task.

In a news release Monday, the police commission said it has retained Donna L. Shelley, a retired Alberta Court of King's Bench justice, to conduct an independent review.

Shelley will review the circumstances of the accused's "arrival and stay in Edmonton," the commission said.

Hung Trang, 64, and Ban Phuc Hoang, 61, men who had worked in Chinatown for decades, were killed in the unprovoked beatings on May 18.

Justin Bone was arrested the same day, near where the separate attacks had happened. He is charged with two counts of second-degree murder.

Three days earlier, following an unrelated assault call in Alberta Beach — 70 kilometres northwest of Edmonton — Parkland RCMP officers dropped Bone off in west Edmonton in contravention of bail conditions that prohibited him from being in the city unsupervised.

A family friend who had been housing Bone in Alberta Beach previously told CBC that police had ignored his warnings about the danger Bone could pose to public safety. 

On July 11, the police commission promised to conduct the review after questions were raised about interactions between Bone and law enforcement in the days leading up to the homicides.

The Edmonton Police Service received a call from a complainant about Bone on May 15, the day he was dropped off in Edmonton by RCMP officers. The account of what happened next changed during the controversy that followed the homicides.

In a June 9 statement, EPS said its officers "interacted with Mr. Bone" on May 15 and that he "was advised to abide by the balance of his ordered conditions, and to discuss any changes with his probation officer."

On June 16, EPS corrected its earlier statement and said Edmonton police received a call from a complainant about Bone and evaluated the situation based on information provided by RCMP, but "did not interact with Mr. Bone."

Shelley's review will assess how and when Edmonton police interacted with the accused. She will also examine applicable police policies and review any other public records related to Bone from RCMP or the courts, the police commission said.

The review will also provide updates to the police commission "with respect to knowledge gained through monitoring ongoing processes/proceedings," the news release said.

Shelley will also be tasked with producing a final report for the police commission once all legal proceedings have concluded.

"The report will outline all known information, potential gaps in knowledge, and recommend how the commission could address knowledge gaps going forward," the police commission said. 

"It is anticipated that the final report will become available within a few months after the conclusion of the accused's legal proceedings."

The killings sparked outrage over high rates of crime in Chinatown and prompted calls to halt the release of incarcerated offenders into Edmonton. 

'Absolute catastrophe'

Shelley was approached for the job following a scan of legal experts, said John Statton, a spokesperson with the commission in an emailed statement. 

"These tragic circumstances are currently before the courts and a legal process is underway for the accused," said Statton. "This matter is expected to be before courts for a long period of time and, as such, retaining the right person took precedence."

Statton declined to comment on an anticipated budget for the review. A final sum will be determined when the review is complete, he said.

John McDougall, chair of the police commission, said it's important that the review provide clarity about the role that police played in the case.

"Everybody agrees that what happened in Chinatown was an absolute catastrophe," McDougall told reporters Monday.

"I think what the public is looking for is answers on what happened, how it unfolded, what could be done differently … and the commission has heard that the public wants to know what was going on."

The timeline will hinge on the court proceedings against Bone but the commission remains committed to keeping the public informed, McDougall said.

"I would like to have the people of Chinatown feel confident that their voice is being heard, that the commission is appreciative of their concerns, and we have that same vested interest in wanting to find answers." 

Shelley's legal background makes her an ideal candidate to lead the review, which will will focus on possible issues in existing policing policies, McDougall said.

"If the policy is not there, then we've identified a gap that needs to be corrected so that something like this can't happen in the future," he said.

RCMP have also launched an internal review into the events leading up to Bone's release. 

In a statement to CBC News on Nov. 21, the Alberta RCMP said the investigation into Bone's relocation to Edmonton was not yet complete. RCMP had no timeline as to when the internal review will be finished.

Shelley spent 15 years on the Court of King's Bench after a 25-year law career. She has also served as chair of the Law Enforcement Review Board, and as a board member of the Canadian Association for Civilian Oversight of Law Enforcement.

Statton said the commission is committed to transparency and will release as much of Shelley's report as is permitted by privacy legislation.

Bone is scheduled for a preliminary hearing in Edmonton provincial court in July.