Behiels v Edmonton (Police Service)

Introduction

• Daniel Behiels, a detective with the Edmonton Police Service (EPS), was suspended without pay by Chief Dale McPhee on November 16, 2021.
• The Edmonton Police Commission confirmed the suspension on January 24, 2022.
• Behiels seeks judicial review of this decision.

Legal Framework

• Police Act, RSA 2000, c P-17, and Police Service Regulation, Alta Reg 356/1990 (PSR).
• Relevant PSR Sections:
  • Section 5: Prohibited conduct, including breach of confidence and insubordination.
  • Section 8: Conditions for relieving an officer from duty, including suspension without pay under "exceptional circumstances."

Facts

• Behiels disclosed confidential materials to the media without authorization.
• Initially suspended with pay in February 2021, then without pay in November 2021 for continued breaches, confirmed by the Commission.

Issues

• Was the Chief’s decision to suspend Behiels without pay reasonable given the need for "exceptional circumstances"?

Analysis

• Standard of Review: Reasonableness (per Canada (Minister of Immigration) v Vavilov).
• The Commission's decision was found reasonable and based on:
  • Unauthorized disclosure of sensitive information.
  • Risks to informants and investigations.
  • Impact on EPS reputation and public confidence.
  • Ongoing misconduct, including social media policy breaches.

Conclusion

• Behiels' application was dismissed as the Commission’s decision was reasonable and justified, emphasizing public trust, internal discipline, and EPS integrity.

No monetary award was specified.