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Examining the Future of Policing in Edmonton: Reflections on Reform & Accountability – Part II

Posted on June 19, 2020 by Asad Kiyani

PDF Version: Examining the Future of Policing in Edmonton: Reflections on Reform & Accountability – Part II

This is Part Two of a series detailing my comments made to Edmonton City Council in the context of a motion to thoroughly examine policing (available here). In Part One, I focused on the need for collection of data about policing, pointing out that this information can be of use not only to citizens who are wary of police, but to police forces looking to build positive relationships with local communities and to improve their service, as well as to City Council as it tries to understand how its massive investment of hundreds of millions of dollars into policing is spent.

In this post, I offer some brief thoughts on independent oversight of police. This review is not intended to be comprehensive. I then consider why Edmonton needs to think about police reform even though George Floyd was killed by American police in Minnesota, and some reflections on questions I was asked by members of Council after my presentation about the broader themes of policing, poverty, and community relationships.

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Examining the Future of Policing in Edmonton: Reflections on Reform & Accountability – Part I

Posted on June 18, 2020 by Asad Kiyani

By: Asad Kiyani

PDF Version: Examining the Future of Policing in Edmonton: Reflections on Reform & Accountability – Part 1

The killing of George Floyd in the United States has prompted a swell of public activism across Canada. Building on the initial wave of ‘Black Lives Matter’ initiatives – which was itself sparked by police killings of other Black citizens in the United States several years ago – and tapping into decades-long demands for public sector reform across Canada, this activism has in particular focused on Canadian policing. Part of the public debate is about defunding and/or abolishing policing.

Edmonton City Council was recently presented with such a motion (summarized here), and is currently hearing from members of the public about the proposal. It is a timely initiative, not just because of the public outcry, but because Alberta had begun the process of reviewing the provincial Police Act, RSA 2000, c P-17, even before George Floyd’s death three weeks ago.

In this blog post and one to follow, I offer a slightly edited version of the presentation on which I based my comments to Edmonton City Council. The motion covers a lot of ground, including potentially freezing the scheduled budget increase for the Edmonton Police Service (EPS); independent oversight of complaints against the police and other enforcement officers (such as Transit Peace Officers); and, a review of the city’s street checks policy.

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Bill 1: Criminalizing Protests and Encroaching on Aboriginal and Treaty Rights

Posted on June 17, 2020 by Alexandra Heine

By: Alexandra Heine and Kelly Twa

PDF Version: Bill 1: Criminalizing Protests and Encroaching on Aboriginal and Treaty Rights

Bill Commented On: Bill 1, the Critical Infrastructure Defence Act, 2nd Sess, 30th Leg, Alberta, 2020

This is the second part of a two-part series on Bill 1, the Critical Infrastructure Defence Act, 2nd Sess, 30th Leg, Alberta, 2020. Professors Jennifer Koshan, Lisa Silver, and Jonnette Watson Hamilton authored the first post, Protests Matter: A Charter Critique of Alberta’s Bill 1, which explores Bill 1’s lack of compliance with sections 2(b), 2(c), 2(d), 7, and 15 of the Canadian Charter of Rights and Freedoms. The first post also offers an overview of Bill 1 and importantly, it offers examples of the type of activities that appear to contravene Bill 1:

A vigil for Regis Korchinski-Paquet is held in Olympic Plaza—a square in downtown Calgary—in conjunction with Black Lives Matters protests across the country. The vigil spills onto Stephen Avenue Mall, where bicycles are permitted.
Indigenous persons and their allies hold a protest against construction of a pipeline on-site in northern Alberta.
Workers rally in a parking lot outside a meat packing plant to bring attention to the gendered and racialized impact of the Alberta government’s response to COVID-19.
Persons with disabilities and their allies protest cuts to AISH on the sidewalk adjacent to the High Level Bridge in Edmonton.
LGBTQ2S+ groups hold a sit-in under a flagpole on the grounds of the Alberta Legislature after the Pride flag is taken down only one day into Pride month.

As noted in the first post, these peaceful protesters could be subject to immediate arrest by the police, increasing the potential for further conflict between law enforcement and the public.

This second post examines how Bill 1 treads on the federal government’s criminal law powers under section 91(27) of The Constitution Act, 1867 and provides commentary on how the Bill threatens Aboriginal rights under section 35 of The Constitution Act, 1982.

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Oil Sands Approvals and Bill 22, the Red Tape Reduction Implementation Act, 2020

Posted on June 15, 2020 by Nigel Bankes

By: Nigel Bankes

PDF Version: Oil Sands Approvals and Bill 22, the Red Tape Reduction Implementation Act, 2020

Bill Commented On: Bill 22, Red Tape Reduction Implementation Act, 2020

This post deals with one aspect of this large omnibus bill, namely the proposed amendment to the Oil Sands Conservation Act, RSA 2000, c O-7 (OSCA). This amendment will remove the need to seek Cabinet authorization for the approval of new oil sands projects and related processing facilities. More specifically, this post assesses whether the amendment will have any implications for the Crown’s duty to consult First Nations and Métis communities, and to observe the honour of the Crown in its dealings with those communities. The main conclusion is that these proposed changes will not simplify or shorten the steps that the Crown needs to take to discharge its constitutional responsibilities. None of these responsibilities constitute “red tape.” Any shortening in project review timelines as a result of removing the opportunity for Cabinet review will be no more than a few months (a drop in the bucket in the time frame for characterizing and developing a new oil sands prospect), a steep price to pay for the loss of an opportunity to hit pause, or to impose additional terms and conditions to protect the public interest.

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Protests Matter: A Charter Critique of Alberta’s Bill 1

Posted on June 9, 2020 by Jennifer Koshan

By: Jennifer Koshan, Lisa Silver, and Jonnette Watson Hamilton

PDF Version: Protests Matter: A Charter Critique of Alberta’s Bill 1

Bill Commented On: Bill 1, the Critical Infrastructure Defence Act, 2nd Sess, 30th Leg, Alberta, 2020

The last few weeks have emphasized the crucial role of public protests. The Alberta Energy Minister’s statement about the COVID-19 pandemic being a great time to build pipelines without protestors went viral (and not in a good way), and demonstrations in the United States and Canada are stark reminders that direct and systemic racism and colonialism are present in Canadian society today. In the midst of these events, the Alberta government passed Bill 1, the Critical Infrastructure Defence Act. Bill 1 was initially tabled in February 2020 during the blockades of rail lines in support of Wet’suwet’en hereditary chiefs. Only five sections long, it contains a number of prohibitions and offences relating to activities involving “essential infrastructure.” This post reviews Bill 1’s compliance with the Canadian Charter of Rights and Freedoms, concluding that it is an unjustifiable violation of at least five different fundamental rights and freedoms. A second post will examine how Bill 1 also treads on the federal government’s criminal law powers under The Constitution Act, 1867 and Aboriginal rights under section 35 of The Constitution Act, 1982. Continue reading →