Police Service Stand-Off with Escaped Prisoner (D. Thiele)

Recommendation:
That the September 23, 2003, Emergency Response Department report be received for information.

Report Summary

This report responds to an inquiry regarding a recent stand-off between the Edmonton Police Service and an escaped prisoner.

Previous Council/Committee Action

At the August 26, 2003, City Council meeting Councillor D. Thiele made the following inquiry:

“This inquiry concerns the 30 hour stand-off between the City of Edmonton Police and escaped prisoner Daniel Coutrielle on July 11 and 12, 2003. As Daniel Coutrielle was an escaped prisoner and it appears that his being at large was the reason for the stand-off, I would like to know the answers to the following questions:

  1. What City departments were involved in this event and at what level were they involved? (ie. Emergency Response Department, Community Services Department, etc.).
  2. What was the cost to each department?
  3. Is there a method whereby the City of Edmonton can bill those responsible for escaped prisoners for the costs that it incurred during this situation?”

Report

Answers to the individual questions are provided below:

1.  What City departments were involved in this event and at what level were they involved? (ie. Emergency Response Department, Community Services Department, etc.)?

The only City of Edmonton Department involved in the incident was the Emergency Response Department (ERD). During the course of the 30 hour stand-off, ERD deployed the following units/staff:

·  2 Paramedic Ambulances,

·  1 EMS Superintendent,

·  3 Tactical Emergency Medical Services Teams, and

·  2 Fire Rescue Pumpers.

2.  What was the cost to each department?

The cost to ERD was $4,600.

3.  Is there a method whereby the City of Edmonton can bill those responsible for escaped prisoners for the costs that it incurred during this situation?

·  The City of Edmonton’s Emergency Response Department Fees and Charges Bylaw allows the City to bill for the provision of emergency medical services. Past practice has been for the City not to bill escaped prisoner situations. With Council direction, an invoice (see attached) for $1,644 could be forwarded to Pesakastew Centre in Hobbema, as the escaped prisoner was under that Centre’s authority at the time of the escape and subsequent incident.

·  The Fees and Charges Bylaw does not contemplate invoicing for Fire Rescue services in these situations. The Fire Rescue service provided was no different than service the department would provide in the case of similar types of incidents where Edmontonians would need assistance, and for which there would be no charge under the bylaw.

Legal Implications

In the opinion of the Law Branch, Corporate Services Department, while there is no prohibition against sending an invoice to the Centre (the Crown), there is some doubt about whether the City could recover against them in the event there is a refusal to pay. The City’s bylaw does not bind the federal government (the Crown) and there is no basis to require payment for services rendered when the Crown did not previously agree to do so. The only possible cause of action is in tort, and this requires factual evidence of negligence on the part of prison authorities. In addition, the City would have to prove that the costs were foreseeable as a result of the negligence.

Background Information Attached

  1. Possible Invoice to Pesakastew Centre, for City of Edmonton Services July 12 and 13, 2003.

(Page 2 of 2)

Attachment 1
of 2003ERD007

Possible Invoice to Pesakastew Centre, for City of Edmonton Services July 12 and 13, 2003.

Attachment 1 - Page 1 of 1