Drug raid ruling upheld

Suzanne Wilton,

August 25, 2006

Calgary Herald

Calgary's police chief meted out a "reasonable" punishment to a rookie constable whose mistakes led to a drug raid on the home of an innocent family nearly six years ago, the Law Enforcement Review Board has ruled.

In a long-awaited decision, the three-member, quasi-judicial board has ruled Const. Ian Vernon's actions along with others involved in the execution of a search warrant on the home of Nancy Killian Constant and her family in 2000 was not a case of misconduct.

The officers were looking for a marijuana grow op that didn't exist. The family targeted in the raid has since been fighting for more serious punishment. They also want those up the chain of command to be held accountable for their roles in approving the warrant.

Although what happened was "unfortunate," the board said it was satisfied with Chief Jack Beaton's assessment that Vernon, who initiated the warrant, deserved only a minor reprimand due his lack of experience and the questionable advice he received from superiors.

"The chief of police recognized and apologized for the inadequacies of Const. Vernon's investigation and the deficiencies in supervisory direction that contributed to those inadequacies," the board said in its written decision, noting the ruling dealt with the execution of the warrant and not how it was obtained or approved.

Nevertheless, the board said a thorough review of the incident was done and there was no need for further investigation by another police service, or additional penalties relating to the warrant's execution.

"This has been a long and difficult situation for everyone involved," Acting Deputy Chief Bill Webb said Thursday. He added the department was pleased "the matter has now been concluded."

Killian Constant said the decision implied the mistakes were minor.

"When you have a police force going through a private residence late in the night with guns drawn -- that's serious," said Killian Constant, whose four children were asleep in their beds when police burst open the front door.

Killian Constant, however, said the ruling wasn't a defeat, particularly because her complaint to the board has led to a second investigation into the actions of senior officers, including an inspector who has since been promoted to deputy chief.

The new investigation will examine how the warrant was obtained.

Police were initially told of the supposed grow op by the family's landlord, Michael Terrigno, with whom they had a long-standing dispute. Terrigno later recanted the story, but police pursued a warrant anyway.

Meantime, the family has also filed a civil suit against the Calgary Police Service.

The service is fighting the suit, maintaining that "all actions taken were justifiably appropriate under the circumstances." It denies Killian Constant's allegations the department or its officers were negligent.

The claims in the lawsuit have not been proven in court.

swilton@theherald.canwest.com

© The Calgary Herald 2006

Chief to review lengthy police complaint process

Jamie Komarnicki

August 26, 2006

Calgary Herald

Calgary's police chief expressed regret Friday that a complaint about the execution of a search warrant on the home of an innocent family took nearly six years to make it through the process.

"It's unfortunate it took so long," Jack Beaton said after a police graduation ceremony.

Beaton was reacting to a Law Enforcement Review Board decision upholding the action he took against officers involved in the botched drug raid in 2000, when police went in search of a marijuana grow op that didn't exist.

Nancy Killian Constant and her husband had appealed Beaton's decision to hand out a minor reprimand to the rookie officer who led the search. They argued the incident merited more serious penalties against everyone involved, including those up the chain of command who approved the warrant.

Although the ruling went in his favour, Beaton said it wasn't a win.

"We do the best we can," he said.

"I do the best I can as chief of police in delving out discipline. The LERB supported that discipline, but that's not a victory for us. I think we need to look at the process."

Despite the ruling, and more than five years of dispute between the police and the Constant family over whether police properly investigated what went wrong, the case is far from over.

The review board will now consider the police service's request to have the Constants pay legal costs -- an effort critics say is outrageous.

"It's really an effort to punish people for making complaints, and perhaps keep people from making complaints," said Calgary lawyer Stephen Jenuth, president of the Alberta Civil Liberties and Privacy Association.

"It's one side who has the full weight of our tax dollars on its side, and then the other what you can afford after paying all your other expenses."

Nancy Killian Constant said going through the complaint process is already difficult, and to ask them to pay for the department's costs as well as their own makes it an even bigger deterrent for citizens to complain.

"Citizens just don't have the patience, determination or deep pockets for this kind of thing," said Killian Constant, who declined to say how much the family has spent on legal fees.

"It's a huge problem."

Meanwhile, Killian Constant is awaiting the conclusion of a second, new investigation of how the initial search warrant executed almost six years ago was obtained and approved by senior members of the department.

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