Judge rejects request to review Crown decision not to prosecute EPS officer who kicked Pacey Dumas

A judge has recently denied a request to review the decision not to prosecute an Edmonton police officer who severely injured a young Indigenous man with a kick to the head. In his published reasons this week, Court of King’s Bench Justice Michael Kraus stated that Pacey Dumas did not meet the high legal threshold required for a judicial review.

The case revolves around the Crown’s choice not to pursue charges in 2023, following an investigation by the province’s police oversight body, which found reasonable grounds to believe that the officer, identified as Constable Ben Todd, had committed an offense during an arrest.

Dumas, who was just 18 at the time, was involved in an incident on December 9, 2020, when police responded to a call about a fight and a man with a knife outside his family home. The Alberta Serious Incident Response Team report revealed that Todd instructed Dumas to crawl towards him while on the ground and proceeded to kick the young man’s head, causing him to lose consciousness. Dumas had to undergo emergency surgery for a brain injury, despite being unarmed and never charged with a crime.

Following the ASIRT investigation, the Alberta Crown Prosecution Service (ACPS) decided not to pursue criminal charges against the officer, citing a lack of reasonable likelihood of conviction. Kraus emphasized that prosecutorial discretion cannot be challenged in court through a judicial review unless there is evidence of serious misconduct, improper bias, or flagrant impropriety, which was not proven in this case.

While acknowledging the impact of Dumas’s injuries, Kraus clarified that the focus of the court’s decision was solely on the prosecutorial process. Dumas attempted to privately prosecute Todd, but the Crown intervened to halt those proceedings. His lawyer, Heather Steinke-Attia, expressed disappointment at the latest ruling, noting the stringent legal standard required for such cases.

She highlighted the lack of transparency in the Crown’s decision-making process, leaving Dumas and his family with unanswered questions. Steinke-Attia emphasized the importance of a public courtroom setting to address the concerns raised by the family.

The outcome of the judicial review may be disheartening, but it underscores the challenges faced by individuals seeking accountability in cases of police misconduct. The pursuit of justice in such circumstances remains an uphill battle, with the legal system often favoring the status quo.