background

The City of Medicine Hat’s Public Code of Conduct Policy 8048 defines a public meeting as “any official meeting of Council, its Standing Committees, Advisory Committees, or local boards, as well as any workshops, events, public consultation, or information meetings hosted by City staff or other representatives of the City”. NB - The policy does state that it is not binding on the police service.

Oct 8 2024 Thomas Fougere and I attended a meeting at the Medicine Hat Police Station by the Medicine Hat Poiice Service (MHPS). In attendance were representatives from the Mustard Seed and dozens of unhappy local residents. Chief Alan Murphy directed thugs in police uniform to physically remove Tom because he was recording a public meeting in a public building. The Free Press and the right to record public meetings and matters of public interest is protected under section 2(b) of the Canadian Charter of Rights and Freedoms. Tom was injured by the three thugs in uniforms, they threatened to charge Tom with trespass. Tom was NOT charged with trespass, instead they chose to charge and detain him in a cell for “Sect 129 (a) Obstruction of a Police Officer ” and “175 (1) (a)Causing a Disturbance”.

Tom and I have both filed complaints about this outrageous behaviour by officers who are supposed to “Serve and Protect” to the Medicine Hat Police Commission (MHPC).

Tom’s Complaint Kelly’s Complaint

The complaint process

Here are the steps in a complaint about the police chief according to the Police Act. Normally complaints about police officers will go to the Chief but since Chief Murphy was directing his officers, our complaints went straight to the Medicine Hat Police Commission.

1 The Police Commission receives the complaint.

2 The Police Commission reviews the complaint. They may try an informal resolution of the complaint according to section 43 of the Police Act.

3 The Police Commission can dismiss a complaint if they find it to be “clearly frivolous, vexatious or made in bad faith”. They may also dismiss the complaint if the Complainant refuses or fails to participate in the investigation. It may also be dismissed if the Complaint is made outside of the time parameters. They must notify the Complainant of the decision to dismiss in writing, the Complainant has 30 days to appeal that decision.

4  If the Police Commission decides that the actions of the chief of the police service may constitute “an offence under an Act of the Parliament of Canada or the Legislature of Alberta, or a contravention of the regulations governing the discipline or the performance of duty of police officers” they “shall request” the Minister to “request or direct” another police service to investigate.

5 After the investigation - If the investigation determines that the actions of the chief constitutes “an offence under an Act of the Parliament of Canada or the Legislature of Alberta,” then they “refer the matter to the Minister of Justice, and advise the commission or Oversight Board of (the)... findings, unless the Minister of Justice otherwise directs”

If the investigation determines that the actions of the chief constitute “a contravention of the regulations governing the discipline or the performance of duty of police officers” it shall be referred to the Commission or oversight board.

6 When referred to the Commission, the Commission shall conduct a hearing unless they deem the issue to not be of a serious matter. They may then dispose of the matter without a hearing. They may also appoint a lawyer to present the matter to the Commission.

7 If a complaint is being investigated, the Chair of the Commission must advise the complainant at least once every 45 days of the investigation. A copy must also be sent to the Minister.

Timeline of complaint

Oct 28 2024 - I filed a complaint with Greg Keen, Public Complaints Director for the MHPC (Tom had already filed his complaint.) Mr Keen immediately forwarded it to Paul Carolan, Chair, MHPC

Dec 17 2024 - Fifty days later I messaged Paul Carolan, Chair of the Medicine Hat Police Commission requesting an update. 

Dec 19 2024 - Mr Carolan responded
”I received your complaint on October 29, 2024, through Public Complaints Director Keen and promptly informed the Medicine Hat Police Commission. After reviewing the matter, the Commission decided to consult legal counsel to ensure it is addressed appropriately.

Please note that the Medicine Hat Police Commission will be away during the Christmas holidays and is scheduled to meet early in the new year. In the meantime, if you have any questions or concerns, I remain available to assist.”

Dec 20 2024 - I was sent an official letter saying it was my 45 day update (Thomas Fougere received one too).

This tells me

1 They are not dismissing our complaints out of hand.

2 They are actively investigating our complaints against Chief Murphy and the other officers.

3 That there was a problem with the way Chief Murphy and the other officers acted October 8 2024.

I am still having symptoms of PTSD and I do not feel safe in the presence of Chief Murphy or any of the officers that participated in assaulting a journalist and in violating our Charter Rights that night.

Section 52 (1) of the Constitution says 

“52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

This section of the Constitution gives the courts the power to rule that a particular law is not valid if it violates the Charter, which itself is part of the Constitution.

While subsection 52(1) is not part of the Charter, it provides courts with an important power to strike down laws that violate Charter rights. If only part of the law violates the Constitution, only that part will be ruled invalid.”

Community TV/ the Trash Panda is fighting

• against the suppression /muzzling of the Free Press

• for freedom, transparency and democracy

#mhpc #mhps #medicinehatpoliceservice #yxh #yxhpolice #medicinehatpolicecommission #alanmurphy #coryboth #joewest #darcybrandt #charterrights #freepress #journalistattacked #democracy #freedom #freedomofthepress #ptsd