Chief sorry for Stakeout

Charles Rusnell and Karen Kleiss.

Edmonton Journal
[Edmonton, Alta] 06 Feb 2005: A3.
Edmonton police officers discussed ways to avoid disclosing
some information that could potentially weaken their case if
they caught the newspaper columnist or police commission
chairman they had targeted in a drunk-driving operation,
according to a tape of police radio transmissions obtained by
The Journal.
Some of the police officers also joked about the authenticity
of an "anonymous" tip that police say justified the more than
three- hour stakeout of a downtown bar.
During the operation, some officers made numerous crude,
disparaging remarks about Edmonton Sun columnist Kerry
Diotte, on whose home the tape shows they had previously
conducted surveillance.
Diotte was shaken by the transcript, which includes a
description of his house.
"That is creepy, so creepy."
The tape also reveals that even after Edmonton Police
Commission chairman Martin Ignasiak left the bar in a taxi,
police officers in unmarked cars unsuccessfully attempted to
follow the taxi in the faint hope that he might drive.
"I think it is absolutely shocking in a country where the
police are under civilian control," said University of Alberta
law professor James Stribopoulos, who was read a transcript
of the tape.
"It's the kind of behaviour you would expect elsewhere; not

in a constitutional democracy like Canada where the police

in theory are supposed to be subject to civilian oversight."
Chief Fred Rayner has insisted that Diotte, while a critic of
the police service, was targeted not because of who he was
or what he wrote, but because officers believed they had
received a legitimate tip he might drink and drive. Rayner
also said the operation, known as Targeting All Drunk Drivers
or TADD, was routine.
After hearing portions of a transcript of the tape, which
included a description of the front of his home, Diotte
dismissed Rayner's contention that it was a routine
operation.
"Given what I heard, it is very difficult to believe that it is not
connected to what I have written in the past, and I think
most reasonable people, hearing that tape, would most likely
come to the same conclusion," Diotte said Saturday.
Ignasiak declined comment, as did commission spokesman
John Brosseau.
Rayner, in a press release issued late Saturday, said that "it
is clear by the actions I've taken that I strongly disagree with
the language and conversation on these tapes."
But Rayner continued to insist the officers were at the bar
because of "source information" and he said they also
received a second tip that same night about Diotte.
Still, he said "there is no question that the eagerness these
officers demonstrated at the prospect of charging him with
impaired driving was clearly inappropriate."
But he said a review of the investigation by Calgary's deputy
police chief, who reviewed Edmonton's internal investigation,
concluded "it did not affect their monitoring of Mr. Diotte."

In his release, Rayner personally apologizes for the first time

publicly to Diotte and Ignasiak, acknowledging that the
incident has been extremely difficult for them.
And, also for the first time, the chief acknowledges that the
behaviour of his officers may have been linked to the
criticism of the force voiced by both Ignasiak and Diotte.
"All police officers must be able to take criticism from the
media, from individuals, from any source, and not have it
affect their judgments or actions -- and I intend to strongly
reinforce this absolute principle all across the service."
On Nov. 18, 2004, seven city police officers staked out a
downtown bar for more than four hours during an informal
gathering sponsored by the local chapter of the Canadian
Association of Journalists, of which Diotte is president.
Ignasiak attended because he is active in the local Liberal
party.
The police stakeout came to light because a Sun newspaper
reporter monitoring a police scanner on that evening heard
comments relating to Diotte.
Rayner subsequently ordered an internal investigation,
despite calls from the Criminal Trial Lawyers' Association and
others that an outside force be called in.
On Feb. 3, Rayner released a summary of the internal
investigation, which concluded the officers had conducted a
routine drunk-driving operation and had not used police
authority inappropriately.
One senior Edmonton police officer, Staff Sgt. Bill Newton,
head of the traffic unit, faces a disciplinary hearing for how
he directed the investigation against Diotte.
A second senior officer, Insp. Bryan Boulanger, Rayner's
executive assistant, also faces a disciplinary hearing for

issuing a press release that, without naming Diotte or

Ignasiak, gave some people the impression they were drunk
and might drive.
From the tapes, it can be determined that the officers
waiting outside the bar had people inside the bar who were
providing them with specific, detailed information about the
actions of both Diotte and Ignasiak.
It's also obvious that the police officers are keen to catch
either or both of the men and don't want to do anything that
might jeopardize their bust.
At one point, the officers discuss the possibility of making
any CheckStop look like a routine part of their duties without
using their witnesses inside the bar.
"We're trying to get in place and make the observation
ourself of someone leaving the bar," one officer says.
"Whatever the ones being targeted and then we don't have
to use them as witnesses. We could do that here and we
wouldn't have to use you guys as witnesses -- just seen a car
leaving the bar, pulled him over as part of our TADD duties,
and lo and behold."
At another point on the tape they discuss whether to run
Ignasiak's name through the police computer information
system in order to find out whether his car is parked near the
bar.
"I don't know if that's maybe the right thing to do right now,
but do we want anything on the system?" one officer asks.
"Well, I know it can cause a problem," another officer
responds, and they decide to depend on their "eyes" inside
the bar.
Stribopoulos was shocked to hear this conversation between

police officers.
"If charges arose out of this investigation, constitutionally
the police would be obligated to disclose all relevant
information," he said.
"If someone were to come to an agreement to deliberately
refrain from disclosing the true circumstances by which an
investigation was undertaken and suspects arrested, the
individuals party to such an agreement could potentially,
depending on the circumstances, be guilty of conspiracy to
obstruct justice."
At the end of the night, both Diotte and Ignasiak took cabs,
but the police were undaunted.
"Oh well, we gave it the good old college try," one officer
said.
"Well, I think we'll be able to tag T1 (Diotte) on another day,
another time," another officer replies.
But for future reference, one officer decides to drive by
Diotte's house.
"I want to eyeball it. Somehow it makes it easier to keep on
eye on somebody when you have that familiarity."
Another officer is helpful: "You can't miss it. It's got two
pillars in front of his driveway with lions on them."
Diotte said that after hearing the transcript, there needs to
be a new investigation.
"Looking back about what I have written about cops, most of
it has been pretty light. It wasn't like raving, off-the-wall
rants and even if it had been, I don't think I would have
deserved this kind of attention. It blows me away that it
would inspire such apparent animosity and surveillance.

"That is very creepy and it's wrong in a democratic society;

everybody knows that."
Rayner said the tapes would be publicly released through the
disciplinary hearings he has ordered. He said those hearings
would be held within eight weeks.
crusnell@thejournal.canwest.com