City of Edmonton Legislative Authority when Dealing with the Edmonton Police Service (R. Noce).

Recommendation:
That this report be received for information.

Report Summary

This report provides a response to an administrative inquiry by Councillor R. Noce.

Previous Council/Committee Action

At the Community Services meeting held on October 12, 1999, Councillor R. Noce made the following inquiry:

“In light of some of the recent events with respect to Chief John Lindsay, Q.C. and the Edmonton Police Service, I would ask the Law Branch to answer the following questions:

  1. What legislative authority does City Council possess to deal with issues relating to the Edmonton Police Service?
  2. Can City Council concern itself with the performance review of the Chief of Police?
  3. Can City Council or any of its standing committees demand or request that the Edmonton Police Commission respond to any administrative inquiry?
  4. Can City Council or any of its standing committees demand or request that the Edmonton Police Service respond to any administrative inquiry?

I would appreciate a response by the October 25, 1999, Community Services Committee meeting.”

Report

The Edmonton Police Service has been established pursuant to the Police Act, S.A. 1988, c.P-12.01, the “Act”. City Council does have some roles and responsibilities under the Act:

  • It must establish a Police Commission (section 28(1)).
  • It must establish the total budget for the purposes of police service, relying on the submissions of, and information from, the Police Commission (section 29).
  • It is the “employer” of unionized police officers and civilian employees of the police service for the limited purpose of collective bargaining (section 31(6)).
  • It is responsible for any legal liability incurred by the Police Commission (section 31(7)) and certain liabilities incurred by the Chief of Police (section 39).
  • It ratifies the appointment of the Police Chief (section 36(1)).

However, the general theme of the Act is to make the Police Commission, not City Council, responsible for matters relating to the provision of police services and the operation of the police service, and to prohibit City Council from taking on that role.

The questions posed in this inquiry do not arise in the context of City Council’s authority to establish the police budget or to seek information from the Police Commission in regard to the budget. The following answers should not be construed as applying directly to such budgetary issues. The answers to the inquiry are as follows:

  1. Edmonton City Council has no legislative authority to deal with issues relating to the Edmonton Police Service. Pursuant to section 33(5) of the Act, “where a Commission has been established the Council shall not …

a)perform any function or exercise any power in respect of the Police Service that the Commission is empowered to perform or exercise, or

b)issue any instructions to a police officer.”

  1. City Council cannot concern itself with the performance review of the Chief of Police unless asked for its opinion by the Police Commission. The Chief of Police is accountable to the Police Commission (sections 41 and 43 of the Act). Police Commissions in other jurisdictions, as part of an evaluation process of the Chief of Police, request commentary from outside sources such as City Council, but there is no obligation to do so.
  2. City Council’s authority to request a response to an administrative inquiry flows from the provisions of Bylaw 9999, the Procedures and Committees Bylaw, which states that “a Councillor may make an administrative inquiry to any city official”. City Official is defined as “an official appointed by Council”.
    The Police Commission, however, is not a Council Committee under the Municipal Government Act because it has been established under the Police Act. Therefore, the Commission is not compelled to reply to an administrative inquiry.
    Furthermore, Council should at all times be aware of the provisions of the Police Act that prohibit Council interference in matters within the jurisdiction of the Commission. Depending on the nature of the administrative inquiry, the conduct of Council may be perceived as interference in the exercise of the functions that the Commission is empowered to perform.
  3. The provisions of the Procedures and Committees Bylaw do not allow a Councillor to make an administrative inquiry to the Edmonton Police Service. Also, City Council must not issue instructions to any police officers pursuant to the provisions of section 33(5)(b) of the Act. Council should neither demand nor request the Edmonton Police Service to respond to an administrative inquiry.

Legal Implications

The Police Act has established a hierarchy where City Council appoints a Police Commission, and thereafter the Police Commission is empowered to exercise all of the duties and functions with respect to the Edmonton Police Service. There is a clear delineation of authority. Any attempts by City Council to concern itself with the activities of the Edmonton Police Service and the Edmonton Chief of Police may be viewed as a breach of the provisions of section 33(5) which prohibits interference by City Council.

Background Information Available on Request

  1. Police Act, S.A. 1988, c.P-12.01
  2. Bylaw 9304, as amended, The Municipal Police Commission Bylaw

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