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Calgary Police Service

Formal Discipline

Calgary Police Service Formal Discipline

On average, about 0.2 per cent of the interactions we have with the public result in conduct concerns being raised. Around 10 per cent of these require a formal investigation and disciplinary process to properly be resolved.

To learn more about the process of reporting a concern or filing a formal complaint, please visit our concerns about misconduct page. 

Reports

Formal Complaint Outcome reports show how formal investigations were resolved, including any disciplinary action taken by the Chief Constable or the Presiding Officer of a Professional Conduct Hearing:

Professional Conduct Hearing Decisions are written summaries of the charges, evidence and precedents considered during disciplinary hearings, as well as the result.  To protect the privacy of everyone involved in these hearings, names and personal information are removed:

2020 Discipline Hearing Outcomes

Complaint No. Date of Decision/Penalty Officer Misconduct Alleged and Finding Summary and Penalty Decision

18-1280

2020-04-08

Constable

Deceit Section 5(2)(d)(i):  Guilty

 

Discreditable Conduct Section 5(2)(e)(viii): Guilty

While off duty, the Member submitted 40 false medical claims to Green Shield Canada for services that the Member or the Dependents of the Member had not received.  The Member received approximately $4,000 in payments from Green Shield Canada.

 

Green Shield Canada audited the Member’s claim which revealed the unsupported claims.  The Member repaid Green Shield Canada for the funds received for the false medical claims and provided a lengthy explanation as to the circumstances that lead to the false claims.  

 

The Presiding Officer reviewed significant mitigating factors relating to the Member’s personal circumstances, health and treatment.

On both counts of misconduct the Presiding Officer ordered a global penalty as follows: 

 

Pursuant to s. 17(1)(d) of the PSR, the Member is to be reduced from a Senior Constable Level II, to Constable 1st Class for a period of one (1) year. After one year, the Member will be elevated to Senior Constable Level I for a period of one year after which time the Member is to be returned to Senior Constable Level II. 

In addition, pursuant to s. 17(1)(a.1) of the PSR the Presiding Officer imposed a number of conditions including participation in specific treatment programs and reporting.

 

Full Decision

16-1232

2020-05-06

Constable

Discreditable Conduct. Section 5(2)(e)(viii):  Guilty

 

Improper Use of Firearms. Section 5(2)(f)(iii):  Guilty

The Member did not purchase or acquire a Possession and Acquisition License before purchasing a firearm. 

 

The Member, while off-duty, stored a shotgun at their residence in a manner that was not in compliance with firearms legislation and presented a potential danger to others in the residence. 

 

The Member was also charged under the Criminal Code of Canada with s. 91(1), Unauthorized Possession of a Firearm and s. 86(2) Careless Use of a Firearm. 

 

A resolution to the criminal charges involved the Member attending treatment and counselling. Upon completion of the treatment and counselling, the charges were withdrawn and the firearm was forfeited for destruction.  The Member on their own, with no direction from the Courts, made a monetary donation to the Legacy Place Society.

 

The parties put forth a joint submission on penalty, being a forfeiture of 20 hours accumulated through overtime for each count of misconduct.  The proposed penalty speaks to the seriousness

 

Full Decision

16-0466

2020-06-18

Constable

Discreditable Conduct Section 5(2)(e)(i)(A):  Guilty

While off-duty, the Member unlawfully gained access to the former matrimonial home.  Following a separation, a court awarded the Member’s ex-spouse exclusive occupancy and possession of the matrimonial home. The Member, knowing that the ex-spouse was away attended the matrimonial home and attempted to gain access, but the locks had been changed.  The Member returned the next day with a locksmith who drilled through the front door lock.  The Member removed property from the home.  The Member plead guilty to Forcible Entry under section 72(1) of the Criminal Code of Canada and received a suspended sentence and one-year probation.  

 

After assessing the circumstances of the incident, the Presiding Officer ordered a penalty of forfeiture of thirty (30) hours of work accumulated through overtime as per s. 17(1)(d) of the PSR.  The forfeiture of hours is to be immediate.

 

The Presiding Officer noted that it is important to know that such a penalty would not be the norm.  The penalty is tailored to the individual circumstances of the member and the significant mitigating factors present in this case. 

 

The Presiding Officer made recommendations regarding CPS putting in place policy to address the service of civil documents on the behalf of CPS Members on other CPS Members that can be accessed from the link to the full decision.  

 

Full Decision

16-1175

2020-11-18

Constable

Neglect of Duty, under Section 5(2)(h)(i) of the Police Service Regulation (Alberta) – Guilty

 

Insubordination, under Section 5(2)(g)(ii) of the Police Service Regulation (Alberta) - Guilty

 

Discreditable Conduct, under Section 5(2)(e)(viii) of the Police Service Regulation (Alberta) – Guilty

While an employee of the CPS, the member participated in a pre-employment polygraph interview for another policing agency.  During the polygraph interview matters of concern were disclosed in relation to the conduct of the member both on and off duty. The policing agency contacted CPS with their concerns about the disclosure.  In particular the disclosure brought to light that early in the member’s career the member did not arrest or process approximately 50 individuals that the member knew were wanted on outstanding warrants;  did not conduct a proper investigation into a collision involving a suspected intoxicated person who drove into a parked car; did not conduct an impaired driving investigation and issued a 72-hour suspension instead of demanding a breath sample; disposed of a small quantity of Methamphetamine and drug paraphernalia into a garbage as opposed to processing seized drugs and paraphernalia according to section 40.7 (CPS Property Handling policy); on approximately four or five occasions, the member did not properly report domestic assault complaints according to section 7 (CPS Domestic Conflict policy); on other occasions, while having located a variety of property including, but not limited to, a bicycle, baton, and pepper spray, disposed of them into a dumpster or pond, contrary to sections 26.1 and 4.2(a) (CPS Property Handling policy); while off-duty, took the member’s CPS issued firearm to another City and discharged it a number of times at a firearms range and a friend’s acreage.

 

In his written decision, Presiding Officer Manuel states:

 

“I must also give consideration to the issue of general deterrence. The cited officer indicated several aspects of the misconduct were accepted practices in xxx work area. This is troubling. Assessing anything less than a significant penalty would send a harmful message to other police officers concerning the behaviour in question. The actions of XXXXXXXXXXX went far beyond the normal facts of a neglect of duty matter or that of an insubordination for failing to follow policy. XXX misconduct included deceitful acts in relation to the domestic conflict reports, and honesty and integrity issues relating to property handling. In this regard, the serious nature of these disciplinary offences requires that general deterrence be properly factored into the sentencing equation.”

 

After assessing the circumstances of the misconduct, the Presiding Officer ordered a global penalty as follows:

 

Pursuant to s. 17(1)(d) of the Police Service Regulation, the Member is to be reduced within the rank, from Senior Constable Level I, to Constable 1st Class for a period of two (2) years.  After the two-year period, the Member is to be returned to Senior Constable Level I. 

 

In addition, pursuant to s. 17(3) of the PSR: 

 

At the earliest opportunity, the Member is to register and successfully complete, the Impaired Driving Investigation Course (40 hour) offered by the CPS Chief Crowfoot Learning Centre.

The Member is directed to undergo training in “Domestic Violence Investigations” as determined appropriate by the CPS Human Resources Division.

For a period of two years, the Member is to report to the CPS Human Resources Division, as directed by the CPS Human Resources Division, for the purpose of attending any tests, examinations, or reviews as they deem necessary. 

 

Full Decision

 

19-0440; 19-0509; 19-0435

2020-10-29

Constable

Insubordination, under Section 5(2)(g)(ii) of the Police Service Regulation (Alberta) - Guilty

 

Discreditable Conduct, under Section 5(2)(e)(viii) of the Police Service Regulation (Alberta) – Guilty

 

Insubordination, under Section 5(2)(g)(ii) of the Police Service Regulation (Alberta) - Guilty

 

Insubordination, under Section 5(2)(g)(ii) of the Police Service Regulation (Alberta) - Guilty

The Member was involved in acrimonious separation and civil proceedings, which included child custody matters.  The Member contacted CBSA, identified themself as a CPS Member and made inquiries about the Member’s ex-spouses’ new domestic partner.  In addition, the Member conducted CPIC and CPS IT queries in relation to the Member’s ex-spouses’ new domestic partner for personal reasons.

 

The Member's ex-spouse was charged criminally with assaulting the Member and was released on an Undertaking which included a condition to stay away from the Member and the Members’ new domestic partner.  During one of the criminal court appearances, the Member attended in uniform, approached the Duty Crown Prosecutor, asked questions about the case and was provided information.  The Duty Crown Prosecutor assumed that the Member was the investigating officer and not the alleged victim to the criminal proceedings.

 

After assessing the circumstances of the misconduct, the Presiding Officer ordered a global penalty as follows:

 

Pursuant to section 17(1)(d) of the PSR a reduction in seniority in rank, from Senior Constable Level II, to First Class Constable for a period of six (6) months.  At the conclusion of six (6) months the Member will be elevated to Senior Constable Level I for a period of eighteen (18) months after which time the Member will return to Senior Constable Level II. 

 

In addition, pursuant to s. 17(1)(a.1) of the PSR the Presiding Officer imposed participation in counseling programs and reporting to the Calgary Police Service Psychological Services Division and Human Resources.

 

The Presiding Officer noted that the penalty decision has been modified after taking into consideration the mitigating factor of significant financial hardship.

 

Presiding Officer made the following comments in his written decision:

 

“It is an unfortunate fact that the unauthorized queries of police databases are common amongst police officers. Using the information obtained for personal purposes is less common and adds an additional level of seriousness to the misconduct. As well, obtaining information from an employee of a partner agency through misleading means is behaviour that must be curtailed. All police officers must be made aware that such actions can lead to serious consequences.

 

Outside agencies who entrust another agency with access to their databases also have that expectation. Access is granted through negotiated Memorandums of Understanding (MOU’s) which detail how and what information can be accessed and for what purpose. It is also within the purview of the agency holding the information to withdraw access permissions if an agency does not appropriately deal with unauthorized use of that information. 

 

In cases where the public interest is engaged, particularly when the public’s privacy interests are at stake, the public has the rightful expectation that records retained by, or accessible by policing agencies, will only be used for legitimate purposes. When a member of the police service breaches those privacy interests for personal purposes, the public must see there are meaningful consequences. 

 

Cases involving breach of privacy and the use of improperly obtained confidential information are attracting more serious penalties as the public’s awareness and concerns about privacy increases. Penalties assessed prior may not be reflective of the current public expectations. Police Services are cognizant of this trend as should police officers be aware. 

 

The goal of the disciplinary process is to hold members who commit misconduct to account but in doing so we also must be cognizant of the member and their families well-being. 

 

A balance must be struck in determining a penalty that addresses the misconduct but does not devastate the member.”

 

Full Decision

 

15-0550

2020-11-30

Constable

Discreditable Conduct, under Section 5(2)(e)(viii) of the Police Service Regulation (Alberta) – Guilty

 

Insubordination, under Section 5(2)(g)(ii) of the Police Service Regulation (Alberta) - Guilty

The Member, while using a CPS issued cell phone, sent numerous text messages in a disturbing manner and created a fictitious dating account to communicate with a civilian, unrelated to the Members duties as a police officer.  In addition, the Member used CPS IT resources for personal reasons contrary to CPS Policy.  The Members’ actions stemmed from learning that their romantic partner was involved with the civilian complainant.  The Member embarked on a chosen and calculated action to domestically stalk and harass the civilian complainant by using information obtained in their professional capacity as a CPS Officer.

In the written decision, Presiding Officer Manuel states:

“It is extremely serious when a police officer uses their position to obtain the personal information of another person for a personal purpose.  The public has the right to expect that their information contained on law enforcement databases is secure and only available for official purposes.  Using the information, xxx obtained for personal purposes and in the way that xxx did raises the moral culpability of Constable XXXXX actions and increases the seriousness of the misconduct to a significantly higher degree.

The type of stalking, harassing behavior of Constable XXXX is not a common type of misconduct but when it does occur, it must be dealt with swiftly and harshly.  The public’s respect must be maintained and if a police agency is seen not to address such behavior in a definitive manner, then that respect is easily lost.  It is also the case the public must see that police agencies take the protection of their privacy seriously.

Each time personal information is accessed for an inappropriate purpose, it chips away at the trust bestowed upon us by the public.  Any time there is a breach of privacy, unintentional or intentional, it is a serious matter and will be dealt with as such. This type of misconduct is becoming commonplace and it is apparent that penalties issued in the past have been of little deterrence.  As these matters now come before a disciplinary tribunal, the resulting penalties will become more harsh as a means to change the perception that accessing confidential information contained in police data systems, is “not a major concern” in the minds of officer’s making such queries.”

Penalty ordered:

  • Discreditable Conduct, reduced in seniority in rank, from Senior Constable Level I, to First Class Constable for a period of one year.  At the conclusion of the one year, the Member will return to Senior Constable Level I. 
  • Insubordination, suspended from duty without pay for forty (40) hours of work. 
  • The forty (40) hour suspension will be administered by the work area Commander taking into consideration the needs of the work area.  

In addition, pursuant to s. 17(1)(a.1) of the PSR, the following conditions on the Member are imposed: 

  • At the conclusion of these proceedings, the Member will report to the Calgary Police Service, Wellness & Resiliency Division for assessment. 
  • The Member is required to attend all treatment programs, seminars and/or counselling required by their physician/psychiatrist/psychologist/counsellor(s) or any other providers, relating to their condition. 
  • The Member will continue to undergo any treatment therapies and follow the directions of their treating physician/psychiatrist/psychologist and/or any other authorized practitioners relating to any medical condition and/or treatment. The Member will continue to participate in these treatment plans until such time as determined by the attending care providers. 
  • The Member will participate in and be subject to a “Fitness for Duty” Assessment to be completed by the Calgary Police Service Wellness & Resiliency Division and or Human Resources Division. 

Full Decision

 

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