More than 22 months since an independent review got underway to examine how the Alberta Crown Prosecution Service (ACPS) handles police misconduct investigations, members of the legal community are calling on the province to make the final report public.
The review of the policies and practices of the ACPS and the Alberta Serious Incident Response Team (ASIRT) — the province’s police watchdog — was initiated by Justice Minister Mickey Amery in November 2024.
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The review was led by former Court of Appeal of Alberta justice Peter Martin who was expected to examine how the Crown decides when it should pursue criminal charges against police officers.
In a statement to CBC News, Heather Jenkins, Amery’s press secretary, said government officials are reviewing Martin’s report but would not say when they received it or whether it will be released.
“The review included a thorough review of the policies and practices of both ASIRT and ACPS, as well as a cross-jurisdictional scan of how alleged criminal wrongdoing by police officers is addressed in other provinces,” Jenkins said on Sept. 18.
“It is vital that the justice system balances the public interest, the needs of victims, public safety and the rights of the accused. Alberta’s government will continue working to ensure this happens, while respecting the independence of Crown prosecutors.”
The review was called after a string of cases where the police watchdog determined that criminal wrongdoing had likely occurred, but the Crown ultimately declined to prosecute the officers.
The cases included an unarmed man who was shot to death seconds after encountering police, an autistic teen who was detained after RCMP mistook him for an adult drug user and a teen who suffered life-altering injuries after an officer kicked him in the head.
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In each case, ASIRT investigators said they believed charges were merited but the allegations were never heard in court because the ACPS said it believed there was little chance of conviction.
Tom Engel, chair of the Criminal Trial Lawyers’ Association’s (CTLA) policing committee, said he believes the Martin review should be released without further delay.
“Transparency demands that the report be revealed to the public,” he said. “They’ve had more than enough time to review the report and decide what to do about it.”
Engel, who was interviewed for the review, said he was told the report was finished in mid-2025 and that it called for sweeping reforms.
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For nearly a decade, the CTLA has advocated for a dedicated pool of experienced prosecutors to handle police files, making public the names of decision-making prosecutors.
The organization has also pushed for Alberta to adopt British Columbia’s model, which requires a written “clear statement” detailing the legal rationale whenever charges are declined.
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Engel said similar cases have emerged since the review was announced. He pointed to a recent case where the Crown declined to charge an officer who injured a 12-year-old autistic boy in Calgary, despite ASIRT finding reasonable grounds for prosecution.
“This should be urgent business for the government and the delay is unacceptable,” Engel said.
The ACPS participated in Martin’s review but declined to provide comment for this story. Martin also declined to comment. In a statement, officials with ASIRT — which now falls under the purview of the Police Review Commission — said the police watchdog will consider any findings or recommendations relevant to its mandate once the government has determined next steps.
Edmonton lawyer Heather Steinke-Attia said the Crown’s decision not to prosecute is final, leaving people injured by police without any alternative path to justice. She also noted that ASIRT has the authority to charge officers directly without Crown pre-approval, but rarely uses it.
She represents Pacey Dumas, a Cree teen who suffered life-altering injuries when he was kicked by an Edmonton police officer in 2020.
An ASIRT review determined the officer displayed a “shocking lack of judgment and disregard” for Dumas’ life when fracturing the teen’s skull but the Crown ultimately declined to pursue charges, stating it believed a conviction was unlikely.
In 2023, when the Ottawa-based Congress of Aboriginal Peoples learned the officer who injured Dumas would not be charged, Elmer St. Pierre, the national chief of the organization at the time said he was deeply disturbed, adding he believed the case indicated “inherent racism and prejudice” among police in Alberta.
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“When the Crown makes the decision not to prosecute, it is unappealable,” Steinke-Attia said.
“There is no other government body that has so much control over people’s lives and so much power that cannot be challenged.”
Steinke-Attia said she asked to be interviewed by Martin in early 2025 but was advised that the review period was coming to a close. She said she’s frustrated over the government’s apparent delay in releasing Martin’s findings.
“It feels like it’s [a] smoke and mirrors step taken by the government,” she said. “It is extremely disappointing that the government continues to deflect and keep us in the dark.”
University of Alberta criminologist Temitope Oriola said he believes the ACPS — too often — acts as “judge and jury” in police misconduct cases. He said urgent reforms are needed to provide ASIRT with full investigative and prosecutorial powers.
Oriola said Alberta should also consider adopting a Norwegian model and establish a single bureau of investigation for all policing matters across the state.
“It’s absolutely obsolete that an organization like this would rely on another layer of bureaucracy to determine whether or not they can go forward to press charges,” he said.
Kathryn Quinlan, a criminal defence lawyer based in Edmonton and vice-president of the CTLA, said it would be disappointing if the report is never made public, even if the province chooses against acting on any recommendations made.
“A large reason for the report is lack of public understanding about the decisions that are being made, a feeling that the public is not being informed of decisions that are being made behind closed doors,” she said.
“I would imagine that not releasing the report only fosters that same mistrust.”
