N.S. police board didn’t have authority to close disciplinary appeal to public, lawyers say
The Nova Scotia Police Review Board recently faced criticism for attempting to close a disciplinary hearing to the public, a move that was challenged by lawyers representing Halifax’s police department and the mother of a man who tragically died in a jail cell.
The incident in question involved the death of Corey Rogers in June 2016 while in the custody of Halifax Regional Police. Rogers, 41, was arrested for public intoxication and had a spit hood placed over his head after spitting at officers. Tragically, he choked on his own vomit while still wearing the spit hood in his cell.
Dan Fraser, one of two special constables terminated in relation to Rogers’ death, appealed the disciplinary decision made by the police review board. The appeal was halted by a Nova Scotia judge last year due to concerns over procedural abnormalities, specifically the board’s attempt to conduct the hearing behind closed doors.
During a recent judicial review of the board’s decision, lawyer Jason Cook emphasized the importance of maintaining public confidence in the justice system, particularly for Rogers’ grieving mother. Cook argued that closing the appeal hearing to the public could erode trust and hinder the quest for justice.
The legal proceedings also involved arguments over the extent of the review board’s participation in the judicial review. While some supported the board’s right to make submissions, others, including Cook and Edward Murphy representing Halifax Regional Police, raised concerns about impartiality and the need to preserve the integrity of the appeal process.
Myles Thompson, the lawyer representing the review board, defended the decision to close the appeal, citing provisions in Nova Scotia’s Police Act. However, Mark Bailey, Fraser’s lawyer, expressed frustration over the lack of opportunity to present a fair case and the impact on his client’s livelihood.
Justice John Bodurtha reserved his decision on the matter, acknowledging the complexity of the issues at hand. The outcome of the judicial review will have far-reaching implications for the transparency and accountability of the police review process in Nova Scotia.
As the legal battle continues, it remains crucial to uphold the principles of justice, fairness, and public trust in the handling of disciplinary matters within law enforcement agencies. The quest for truth and accountability in cases of police misconduct must not be overshadowed by procedural challenges or attempts to limit public scrutiny.
