Saint John police chief granted intervener status in officers lawsuit over dismissed complaints

Windwhistler
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Saint John police chief granted intervener status in officers lawsuit over dismissed complaints

New Brunswick·NewThe chief of the Saint John Police Force will get to weigh in on a request by nine officers to have the Court of King’s Bench review the dismissal of their conduct complaints against him. Chief Robert Bruce argues his reputation, dignity and privacy at issueListen to this articleEstimated 5 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.Robert Bruce has been chief of the Saint John Police Force since July 2021. (Graham Thompson/CBC)The chief of the Saint John Police Force will get to weigh in on a request by nine officers to have the Court of King’s Bench review the dismissal of their conduct complaints against him.Nine officers are seeking a judicial review of the dismissal of their “workplace harassment” complaints by the New Brunswick Police Commission and the Saint John Board of Police Commissioners, according to the provincial association that advocates on behalf of municipal officers.Chief Robert Bruce is not a party in the proceeding but requested intervener status, arguing he had a “direct legal interest in the outcome.”“If judicial review is granted and the decisions to dismiss the conduct complaints are quashed, I will be directly impacted as the effect of such a decision would be to reopen the conduct complaints,” he wrote in an affidavit sworn Oct. 16.He was granted intervener status by consent of the parties Nov. 13.No information about the nature of the complaints has been released, and court documents that contain details about the allegations, including affidavits from the officers, are under a temporary sealing order.7 complaint ‘summarily dismissed,’ 2 ‘partially’But according to Bruce’s affidavit, which is no longer subject to the sealing order after a judge’s decision, the Saint John board “summarily dismissed” seven of the complaints and “partially” dismissed two “for reasons that include that they were frivolous, vexatious and/or not made in good faith or fell outside the jurisdiction of the Police Act.”The dismissed complaints were filed by Sgt. Andrew Belyea, Staff Sgt. Andrew MacBean, Const. Christopher Messer, Const. Donald Shannon, Const. Duane Squires, Const. Emily Hobbs and Const. Mary Gellatly, while the other two were filed by Insp. Samantha McInnis and Sgt. Stacy Humphrey.All of the complaints were filed against Bruce in his role as chief, according to the affidavit.Bruce, who has been chief of the Saint John force since July 2021, contends he also has an interest in the Saint John board now seeking a permanent publication ban and sealing order.“It is my professional reputation, individual dignity and privacy that will be impacted if unsubstantiated allegations are made public,” he wrote.“It is my belief that disclosure could adversely impact the fairness of a hearing or resolution pursuant to the Police Act.”Media challenge sealing orderJustice Kathryn Gregory, who issued the temporary sealing order Sept. 17 at the request of the Saint John board, clarified Nov. 19 that it applies only to materials that reveal the “specifics and/or the substance” of the allegations against Bruce.With the exception of one paragraph, his affidavit does not fall under the scope of the order and there is nothing to prevent its disclosure, she decided, ruling in favour of CBC News and the Telegraph-Journal. The officers filed a notice of application for judicial review with the Court of King’s Bench in Saint John on Sept. 16. (Roger Cosman/CBC)The media outlets are challenging the sealing order, which limits public access to the documents and publication.The board, which maintains and operates the force, contends there is a “substantial risk that the public disclosure of these frivolous, vexatious or bad faith allegations may undermine the public confidence in law enforcement.”The board and provincial commission, which manages the public complaints process into the conduct of municipal and regional police officers in the province, are also seeking to have the matter dismissed, arguing that the complainants don’t have the legal standing to seek a judicial review.‘Front-facing representative’ of forceBruce could not immediately be reached through his lawyer for comment.He has worked in policing for more than 37 years and is the current president of the New Brunswick Association of Chiefs of Police, according to his affidavit.In his role as chief, he is the “front-facing representative and spokesperson” of the Saint John force and provides leadership to about 200 uniformed, civilian and auxiliary members, he wrote.He previously served 33 years with the Ontario Provincial Police, retiring in 2015 as chief superintendent, responsible for about 1,500 uniformed, civilian and auxiliary members.Bruce said he led a number of “high-risk support services,” including the tactics and rescue unit, which deals with incidents such as hostage takings, barricaded persons and snipers, the emergency response team, explosive disposal and search and rescue.He has been recognized with “numerous decorations, awards and commendations” during his career, he said.When he was appointed chief, Bruce committed to staying on for three to five years.

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