Retirement offers escape from discipline for Sask. police officers
Geoff Leo | CBC News | Posted: September 22, 2014 5:43 PM | Last Updated: September 22, 2014
Legislation for violating professional standards doesn’t apply to police
Inspector Robert Dean is just the latest in a long line of Saskatchewan police officers who retired before having to face a disciplinary hearing for alleged misconduct.
That’s despite the fact that the province recently passed legislation that holds professionals to account for their actions long after they retire.
Earlier this year Regina’s police chief, Troy Hagen, charged Dean with neglect of duty, improper disclosure of information and discreditable conduct, for his role in a controversy that saw children kicked out of a swim club.
Dean allegedly helped his brother, the director of swimming for the Regina Dolphins, to identify the person who sent a fax asking probing questions about the clubs finances.
A public complaints commission report found Dean inappropriately accessed surveillance video and shared it with his brother.
A disciplinary hearing was set for July 4 but Dean retired on July 1.
Hagen said that meant the matter was closed.
"No one has the authority to compel someone to be held accountable under the Saskatchewan Police Act discipline regulations once they’ve retired," Hagen explained.
Several Sask. officers have retired before discipline
This is by no means the first time a Saskatchewan police officer retired and thereby avoided a disciplinary hearing.
For example in 2008 Saskatoon police inspector Al Stickney, who had been found guilty of the criminal offence of being impaired while in his vehicle, decided to retire early.
With his retirement, the Saskatoon police service closed its disciplinary process.
In 2006, then deputy police chief Dan Wiks retired in the midst of facing Police Act charges for allegedly giving a reporter inaccurate information about a high profile case.
His retirement ended the disciplinary process.
And back in 2004 Saskatoon Police officer Brian Dueck faced possible discipline for his part in the malicious prosecution of a Saskatchewan family but he retired before that could happen.
Saskatchewan government introduces legislation
The case of a Prince Albert judge who avoided discipline by resigning led then Justice Minister Don Morgan to review professions in the province like judges, police officers, chiropractors and accountants, to ensure retirement wouldn’t be an easy way out of discipline.
Morgan said that was important to maintain the integrity of the various professions, like the judiciary.
"With respect to the judge, it left a cloud not only over the judge’s reputation, but over the entire judiciary," Morgan said.
And so in 2010, the Saskatchewan government amended legislation governing professional bodies in Saskatchewan to ensure that people accused of violating industry standards would be held accountable up to two years after they retired.
The government included 39 professions ranging from accountants, to nurses to land surveyors.
However police officers were not included.
Police officers omitted from accountability legislation
Saskatchewan’s Minister of Justice Gord Wyant said the province considered including police officers in that list but decided against it.
He explained police are employees, and not governed by an independent professional body.
"Typically, in a police situation, discipline may be demotion, may be firing, may be reassignment of duties," Wyant explained. "And those aren’t available once the employer-employee relationship ends."
Wyant said the ministry has researched this issue and found Saskatchewan’s approach is consistent with other western provinces.
However he said in light of CBC’s inquiries "it’s certainly a topic I’m happy to raise with chiefs of police" but at this point he "believes the balance is right."
Hagen said he doesn’t believe the case of Inspector Robert Dean has hurt the reputation of his police service because he dealt with the matter in a serious and transparent way.
Hagen held a news conference to announce his investigation of these matters though he didn’t publicly identify the officer charged.
"There are very few public sector or private businesses that exhibit the level of transparency that we do when it comes to discipline matters," Hagen said.