Susan Nabors
Susan Nabors in 2010.
A Calgary woman who alleges she suffered police brutality during an arrest in 2010 is appealing Calgary police chief Rick Hanson’s findings in her complaint investigation. She says her experience of the appeal process is equally unsatisfying and wonders how a complainant obtains justice if the decisions of authorities can’t be overruled.
Susan Nabors’ complaint is based on the events of December 5 2010 when police entered her home in response to a noise complaint made by her neighbours. Nabors says officers unlawfully entered her bedroom and ultimately arrested her for assaulting an officer. That charge was later stayed. During the booking procedure at the police station Nabors who was 54 years old at the time alleges officers repeatedly assaulted her leaving her with cuts and bruises on her face and head a concussion a lip laceration requiring surgical repair a chipped tooth chronic facial pain headaches and Post Traumatic Stress Disorder. Nabors’ formal complaint also named chief Hanson liable on the grounds that he is responsible for conduct and the work culture in the Calgary Police Service (CPS).
The CPS investigation into her complaint concluded in January of this year. As per policy the investigation was reviewed by Hanson who explained his decision to dismiss the complaint in a 26-page letter to Nabors. In that letter he cites the Alberta Police Act and CPS internal policy to explain the officers’ conduct that night and why they entered Nabors’ bedroom without permission. He also accepts the officers explanation that Nabors’ injuries were self-inflicted due to a fall in the police station.
Complaints about officer conduct are typically investigated by the force that employs them.
Barbara Newton is the secretary of the Alberta Law Enforcement Review Board (LERB). She says that when complainants are unsatisfied with a police force’s decision they may file an appeal with the LERB which is what Nabors has done. She also says the LERB can review an officer’s sanction if a cop doesn’t like the penalty they received for misconduct however the majority of appeals are from the public.
Nabors’ new problems are the confusing LERB appeals process restrictions on its ability to alter police force decisions on complaints and the confrontational nature of what she thought was an independent process.
“If this is supposed to be an independent tribunal then why aren’t we working together?” asks Nabors who points out the CPS will be represented at the hearing by attorneys from the lawfirm Bennett-Jones. Nabors says she may retain council but will likely represent herself.
Newton says the police are usually represented by legal council at LERB hearings which generally last one day while the majority of appellants are not. Nabors believes there should be an independent advocate for complainants as she says the process has “been an uphill battle” from the beginning.
Another issue for Nabors is the LERB’s inability to overturn a force’s decision even if she can prove it was incorrect.
“All they can do is tell the chief to go back and look at things differently… so I don’t know where we get justice in this process and it’s very distressing” she says.
Nabors says Hanson’s written decision does not show how the evidence led him to his conclusions or explain his methodology in concluding her case.
In order to construct an acceptable appeal she was required to cite new evidence or demonstrate that Hanson did not consider the appropriate legislation in making his decision. She has decided to claim Hanson did not fully consider the Human Rights Act in his decision since her complaint is partially based on officers violating her charter rights by entering her room without permission or grounds.
“It’s embarrassing… to say the evidence wasn’t in front of the chief. For me to say that the chief of police of a major Canadian city did not have certain case law and the human rights act in front of him is horrifying” says Nabors.
Nabors is not the only person disappointed with the police complaints framework. Jack Kelly president of the Criminal Defense Lawyers Association of Calgary says he has had clients who were discouraged by the complaints system and reluctant to proceed with it because “they made their complaint their complaints were addressed by a written response and for that reason these clients didn’t really feel that they had a hearing or that the investigation was as thorough [as desired].”
Over the past 10 years there have been nearly 11000 official complaints made against the Calgary Police Service. Five per cent resulted in a formal investigation. The LERB hears an average of 33 appeals annually.
Nabors’ appeal hearing is scheduled for July 30. The CPS was unavailable for comment before press deadline. Nabors also has a pending civil suit for $50000 in punitive damages against the CPS.
