An Alberta judge won’t review the Crown’s decision not to charge an Edmonton police officer who kicked an Indigenous teenager five years ago.
In a recent decision, Court of King’s Bench Justice Michael Kraus dismissed a judicial review by Pacey Dumas, who was given a severe “soccer ball” style kick to the head by Edmonton Police Service Const. Ben Todd.
Kraus dismissed the review because he found no evidence to support Dumas’s argument that failing to prosecute constituted an abuse of power.
“The applicant has failed to point to any evidence of Crown conduct bordering on corruption, violation of the law, bias against or for a particular individual or offence, flagrant impropriety, improper motives, or bad faith,” he wrote.
“Nor has the applicant established that the conduct of the Crown would shock the conscience of the community and undermine the integrity of the justice system.”
Edmonton police were called to Dumas’s family home in December 2020 about a fight and a man armed with a knife. Dumas, then 18, was told by Todd to get on the ground and crawl toward him.
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A witness told Alberta’s police watchdog that Todd then kicked the teen’s head like a soccer ball.
Dumas’s life-threatening injuries required emergency surgery to remove a section of his skull and install a metal plate in its place.
The Alberta Serious Incident Response Team ruled in 2023 that Todd displayed a “shocking lack of judgment” and that it was reasonable to charge him with aggravated assault.
The watchdog didn’t lay charges, however, citing the Crown’s belief that Todd wouldn’t be convicted. Cases like this can’t be reopened in court unless there’s evidence of serious misconduct.
Kraus said while that hadn’t been proven, the ruling isn’t to diminish what Dumas suffered.
“The fact that (Todd) will not be criminally prosecuted does not mean that (Dumas) is unable to pursue justice in this matter,” he said.
“Nothing in this decision derogates from (Dumas’s) right to pursue justice available to him outside of the criminal justice system.”
Lawyer Heather Steinke-Attia, who represents Dumas, said they are pursuing a civil lawsuit with the Edmonton Police Service.
She said police brutality is an increasing problem in Alberta and that Kraus’s decision adds to that.
“There is now no incentive or deterrent effect to reduce excessive police violence when there are zero consequences for it,” she said in an emailed statement.
“Police have effectively been told time and again that they are above the law.”
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