Ottawa, ON (unceded Anishinabe Algonquin Territory) – The BC Civil Liberties Association (BCCLA) welcomes the Supreme Court of Canada decision in Chief of Edmonton Police Service v McKee. The decision clarified how police misconduct records should be disclosed to people accused of crimes. The Court affirmed that privacy interests of police officers are trumped by an accused’s right to a fair trial.

Ahead of his criminal trial, Mr. McKee became aware of likely relevant information regarding the disciplinary history of Detective Jared Ruecker, a police officer directly involved in his case. This was despite an initial disclosure package claiming that Detective Ruecker had no disciplinary history. Mr. McKee requested more information from the prosecution but was informed that the Edmonton Police Service (EPS) objected to its disclosure as the information had been expunged from Detective Ruecker’s employment record. On application, the trial judge ordered that the information be provided to Mr. McKee. The EPS appealed this decision to the Supreme Court of Canada.

The Court unanimously upheld the order to disclose the information. It also clarified that police misconduct must always be disclosed if it may be relevant to the defence of the accused. Passage of time, police privacy interests or other considerations are not relevant to this determination.

BCCLA intervened in this case to argue that police are unique witnesses in the criminal justice system, and as a result, should be treated differently. Given the broad and extensive powers afforded to police by our society, they must be held to a higher standard of accountability. Criminal proceedings play a critical role in maintaining that accountability, which is necessary for public confidence in the criminal justice system. What constitutes relevant information about police misconduct should be interpreted broadly and be provided to the accused as a matter of course. Limiting the scope of this type of disclosure would disproportionately impact marginalized and over-policed communities.

We are pleased that the Court has given clear direction to police forces across the country. They can no longer hide the misconduct of their members who must face accountability for their actions in the criminal justice system.

Vibert Jack, Litigation Director for BCCLA, says:

“This is a big win for the rights of the accused and police accountability. Instead of sweeping past misconduct under the rug, police forces will have to take meaningful action to reform their accountability measures.”

BCCLA was represented by Caroline Senini and Spencer Taylor-Robins of Peck and Company.