Three Calgary police officers that were suspended without pay after being brought up on criminal charges will not get backpay for the salary and benefits they lost.
Sgt. Brad McNish, Const. Bryan Morton and Const. Kevin Humfrey were all suspended pending investigations into criminal and disreputable actions.
McNish and Morton were both convicted in a corruption case. Humfrey was eventually acquitted of assault with a weapon in a separate case.
All three officers argued in court that police chief Roger Chaffin didn’t have the authority under the Police Act to suspend them without pay.
In addition, they argued their suspensions were a violation of the Calgary Police Association’s collective agreement.
In a written decision released Thursday, Justice William Tilleman ruled that because the suspensions were related to disreputable conduct, the chief did have the authority to enforce them. He also ruled that the collective agreement notes that disciplinary issues are not covered by the Police Act.
While Humfrey was eventually acquitted of his charges, Tilleman said that because there were a number of “intentional misrepresentations of the facts” at the time he was accused, the suspension stands.
All three officers remain suspended without pay as they await internal disciplinary hearings.
— With files from Tony King
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