RCMP sped up investigation into Ward 2 candidate Joe Magliocca due to 'impending election': internal emails
CBC
With Calgary's civic election looming, RCMP "accelerated" its investigation into former Ward 2 Coun. Joe Magliocca, according to internal emails quoted in an application filed at the Calgary courthouse on Friday.
On Oct. 8, 2021 — 10 days before Calgary's election — Magliocca was charged with fraud and breach of trust following an investigation into his council expenses claimed between 2017 and 2020.
Emails between members of the RCMP are quoted in the application filed by Magliocca's lawyer, Greg Dunn.
The correspondence shows the day after Magliocca announced his intention to seek re-election, investigators wanted to get the investigation moving "ASAP."
"So Magliocca announced Friday that he was seeking re-election, so we've kicked thing into high gear to get into Crown's hands ASAP," reads part of one email between RCMP officers dated Sept. 13, 2021.
Two weeks later, another email related to the the "impending election."
"This particular file, that Dave has been working on, will be a breach of trust issue that management feels would be best served completely in the hands of the crown well before the impending election."
The application, which is set to be argued in July, seeks a judge's order that further emails between RCMP and the Crown's office be handed over to Magliocca and his lawyer.
But according to the court document, the prosecution has declined to pass on certain emails, asserting they fall under solicitor/client and third-party protections.
Dunn suggests he may ask a judge to stay his client's charges, arguing abuse of process if he doesn't get the correspondence.
Prosecutor Steven Johnston confirmed the Crown received notice of the defence application Friday and said his office needs time to review it.
Johnston said he has no comment at this point in time, but said the matter would be addressed in court.
Defence lawyer and law professor Kelsey Sitar says if a judge finds RCMP were motivated by the timing of the election, there could be a path to a finding of misconduct.
"If an officer was improperly motivated to lay a charge at a particular time, that could amount to police misconduct, particularly if it influenced the officer's decision to lay the charge at all or if it impacted how thoroughly they investigated the matter," said Sitar.
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