EPS concerns over potential conflicts of interest behind probe of police commission appointments

An Edmonton Police Service lawyer says concerns about possible conflicts of interest drove EPS to ask for provincial intervention in city council appointments to the police oversight board.

Alberta Public Safety Minister Mike Ellis said in January that he'd launch an inquiry after EPS announced they had formally requested it.

According to Ellis, the police service's application relates to allegations of an "increasingly dysfunctional relationship" between EPS, city council and the Edmonton police commission.

EPS asked for intervention in council's overall process for appointing police commissioners, as well as the specific approval of two new members — NorQuest College justice studies chair Dan Jones, who has since resigned from the board, and John Humphrey Centre for Peace and Human rights executive director Renee Vaugeois.

A police statement pointed to issues with their "public-facing activities" but didn't explain further, citing privacy concerns. 

Megan Hankewich, acting executive director of the EPS legal and regulatory services division, said Thursday that both appointees disclosed possible conflicts during the appointment process.

"That goes to what is, ultimately, the heart of our concern, being what steps council is taking to address conflicts that arise," she said.

"And then also … ensuring that we can say both to the members of EPS and to the public who are making complaints on those issues, you have someone who is completely independent, has not expressed opinions on your specific matter publicly before, or opinions on police discipline generally."

Request for intervention 'not politics,' McFee says

The inquiry came up during an unrelated news conference about 2024 crime statistics on Thursday when a reporter asked outgoing Edmonton police Chief Dale McFee about the request for provincial intervention.

"That's a legal document, and as you're very aware, I basically excluded myself from that document," McFee said.

"I'm the one that has to sign the document to go forward. That's not politics. If you think that's politics, you're giving the public wrong information."

McFee said it's "not the case" that the police service is trying to exert influence over the organization that oversees it, and "that has been spun around in the media circles."

Two city councillors sit on police commission, but it's mostly made of civilian members appointed by both council and the provincial government.

The commission oversees police policy and budget decisions, and has a role in confirming discipline decisions such as suspending officers without pay. In the coming months, commission members will be responsible for hiring the next police chief.

Jones, a former EPS officer, stepped down from the oversight board shortly after EPS announced it was seeking ministerial intervention in his appointment. 

He said he didn't anticipate joining "would cause such consternation and concern arising from any real or perceived conflict of interest which may or may not be determined."

Vaugeois, meanwhile, issued a statement on social media saying that before the news of the inquiry, she had already been asked to step back for an external review of possible conflicts.

She said she understood the commission conducting its own review, but said EPS "escalating the matter" to a provincial inquiry exacerbates tensions and raises questions about the use of public funds.

"I have always sought to bring diverse perspectives to the table, not to undermine policing but to strengthen it," Vaugeois said.

McFee is three weeks away from retiring from EPS. His new job as the Alberta government's top civil servant starts shortly after.

EPS is asking for ministerial intervention under Section 30 of Alberta's Police Act, which states if there's a disagreement between a police service, police commission or local council, one of the parties can refer it to the minister.

Hankewich said McFee's changing role is the reason he has to stay separate from the intervention request.

"It's really just to ensure that we're not creating the exact same problem internally that we are raising externally, and maintaining that avoidance of a reasonable apprehension of bias by EPS, or by the province, in the ultimate investigation and decision in this matter."