Cree man loses bid to privately prosecute Edmonton police officer who kicked him in head
CBC
An Indigenous man's attempt to privately prosecute the Edmonton police officer who kicked him in the head — leaving him with life-altering injuries — has been shut down by the Crown.
On Friday, chief prosecutor Sarah Langley directed the court to issue a stay of proceedings in an assault charge faced by Edmonton Police Service Const. Ben Todd, bringing an end to proceedings launched by Pacey Dumas, the young man he injured.
Dumas, a member of the Little Red River Cree Nation, was 18 in December 2020 when he sustained a serious brain injury during an arrest in west Edmonton.
Todd's kick knocked Dumas unconscious and caused his brain to swell. The teen spent nine days in intensive care. Part of his skull was surgically removed and eventually replaced with a metal plate.
The Alberta Crown Prosecution Service (ACPS) had previously decided against pursuing charges against Todd despite a report from Alberta's policing watchdog in April of this year that found the officer displayed a "shocking lack of judgment and disregard" for the teen's life.
Following its investigation, the Alberta Serious Incident Response Team (ASIRT) asked the prosecution service to consider laying excessive-force charges against Todd, but the Crown declined to prosecute.
In response, Dumas and his lawyer, Heather Steinke-Attia, attempted to prosecute Todd independent of the Crown, a rarely used legal tactic that aimed to put the matter before a judge with the Alberta Court of Justice.
On Sept. 11, Dumas filed what is called a private information, swearing that a crime had been committed and alleging Todd committed aggravated assault.
However, the Crown has ultimate decision-making power on all forms of prosecutions in the province and whether they should proceed.
The case was set to go before a judge next week in a pre-enquete hearing that has now been cancelled.
In a statement Monday, the ACPS maintained that the case is not viable because a conviction is unlikely.
"While the circumstances outlined by Mr. Dumas and his counsel in this matter are disturbing, the role of the ACPS is to provide an objective assessment of the triable evidence and provable facts in determining whether there is a reasonable likelihood of conviction.
"The initial decision to not recommend charges was not an endorsement of the officer's actions or their tragic consequences. Rather, the role of the ACPS is to consider the viability of potential charges based on all the relevant facts."
The prosecution service noted that in order to proceed with a charge, the Crown must be satisfied a case meets two fundamental tests: is there a reasonable likelihood of conviction and is there a public interest.
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