Judge rejects request to review Crown decision not to prosecute EPS officer who kicked Pacey Dumas

Madeline Smith · CBC News

· Posted: Mar 12, 2025 8:00 AM EDT | Last Updated: 10 minutes ago

A justice has denied a bid to reappraisal the determination not to prosecute an Edmonton constabulary serviceman who earnestly injured a young Indigenous antheral with a footwear to the head.

In reasons published this week, Court of King's Bench Justice Michael Kraus said Pacey Dumas hasn't cleared the precocious ineligible barroom to warrant a judicial review.

At contented is the Crown's determination not to prosecute charges successful 2023, aft the province's constabulary watchdog recovered tenable grounds that the serviceman — identified successful tribunal filings arsenic Const. Ben Todd — committed an offence during an arrest.

Dumas was 18 years aged when, aboriginal connected the greeting of Dec. 9, 2020, constabulary showed up extracurricular his household home, responding to a telephone astir a combat and a antheral with a knife.

According to the Alberta Serious Incident Response Team report, Todd, referred to arsenic the "subject officer," told Dumas to get down and crawl toward him. As Dumas was connected the ground, the serviceman kicked his head, with a civilian witnesser reporting it was "as if you're kicking … a shot ball."

Dumas was knocked unconscious, and had to acquisition exigency country for a encephalon injury. Police determined helium was unarmed, and helium was ne'er charged with a crime.

After the merchandise of the ASIRT investigation, the Alberta Crown Prosecution Service (ACPS) said determination wouldn't beryllium a transgression lawsuit against the serviceman due to the fact that determination wasn't a tenable likelihood of conviction.

Prosecutorial discretion can't beryllium reopened successful tribunal done a judicial reappraisal unless there's grounds of superior misconduct amounting to atrocious faith, improper bias oregon flagrant impropriety.

Kraus ruled that wasn't proven.

"The actions of the taxable serviceman whitethorn precise good person shocked the conscience of the community. However, the actions of the taxable serviceman are not astatine issue," helium said.

"Other than the determination not to prosecute, the applicant has provided nary grounds of thing successful the Crown's decision-making that mightiness daze the conscience of the community."

But, Kraus concluded, "Nothing successful this determination is intended to minimize what the applicant suffered oregon the long-lasting interaction of his injuries."

Result disappointing, but not a surprise, lawyer says

Crown prosecutors usage a stricter ineligible modular than ASIRT erstwhile it comes to reviewing cases, weighing whether there's grounds that amounts to impervious beyond a tenable doubt.

This week's judicial reappraisal determination comes aft Dumas attempted to privately prosecute Todd, but the Crown directed a enactment of those proceedings. Dumas's lawyer Heather Steinke-Attia is besides representing him successful a civilian lawsuit.

She said successful an interrogation Tuesday that the latest tribunal ruling is disappointing, but not needfully unexpected.

"The modular that has to beryllium met by the applicant is truthful high, it's fundamentally impossible," she said.

"Only successful the discourse of judicial reappraisal of a Crown's determination … there's nary transcript of their determination and determination are nary records producible of the accusation that was underlying the Crown's decision."

Steinke-Attia said with nary request for ACPS to springiness a much elaborate mentation astir what happened, Dumas and his household inactive person unanswered questions.

"This substance ought to beryllium successful a nationalist courtroom and the household deserves to beryllium informed of wherefore it's not heading successful that direction."