Criminal Trial Lawyers' Association calls for criminal probe into Edmonton police chief, lawyer

A aggroup representing Alberta's defence lawyers says it wants an investigating to appear into statements made by Edmonton's police force force chief and the police department's top lawyer in connection with a recent manslaughter case.

The Criminal Trial Lawyers' Association says serious questions surround Chief Warren Driechel and police lawyer Megan Hankewich for their statements about a case involving the death of an eight-year-old girl named Nina Napope.

The call comes in a letter to Alberta Justice Minister Mickey Amery from Edmonton lawyer Tom Engel on behalf of the association. The letter was also made public Tuesday.

"I request that the minister of justice direct the Police Review Commission to investigate Hankewich and Driechel for criminal conduct related to the case," Engel writes in the letter.

He said their behaviour merits examination for possible criminal violations, including extortion, obstruction of justice and intimidation of a justice system participant.

The commission is an arm's-length, civilian-led agency investigating complaints of police conduct.

Edmonton police declined to comment on the letter Tuesday. Amery's office said in a brief statement that it is reviewing it and is "unable to comment further at this time."

The letter is the latest development in a controversy that challenged the firewall between police — who investigate and can either recommend or lay charges — and prosecutors, who decide in the public interest how the case and the charges are handled in court.

That issue arose in September when Driechel and Hankewich took the highly unusual step of publicly intervening in the sentencing of Ashley Rattlesnake in Nina's death after saying they had learned the Crown was poised to accept an eight-year prison sentence.

In a public letter to Crown prosecutors in September, Hankewich said such a sentence would be a "significant miscarriage of justice" given the horrific circumstances of the case. She warned that if the eight-year sentence was approved, police may be forced to release details of the case to prove their point to the public. The letter was forwarded by Driechel.

The issue sparked a public debate on the firewall. Premier Danielle Smith weighed in at the time, backing the Edmonton Police Service's concerns and stating that the public needs to understand why Crown prosecutors make their decisions.

Rattlesnake pleaded guilty to manslaughter, and the case was eventually resolved in February, but not before the judge involved — Justice Jody Fraser — delivered a sharp rebuke to police.

The Crown prosecutor had asked for a nine-year prison sentence, while the defence had requested seven years.

Fraser settled for eight years. In his decision, he called police comments surrounding the sentencing "reprehensible," and suggested their "veiled threat" may have obstructed justice.

He also cited the comments as a "somewhat" mitigating factor in sentencing.

Police have since said they are reviewing their options and have still not decided on whether to release public details.

In his letter, Engel writes that once a Police Review Commission investigation is done, the case should then be referred to an out-of-province attorney general to decide whether criminal charges should be laid.

He said the matter cannot be left to the province, given Smith's previous comments supporting the police and the fact that a former Edmonton police chief, Dale McFee, is now the top bureaucrat advising Smith's cabinet.

The Rattlesnake case contained disturbing details of the child's final hours.

Court heard Rattlesnake was drinking alcohol and using methamphetamine the night Napope was killed. The girl was found lying on the floor bleeding next to a hole in the wall, but it isn't known how she sustained her fatal head injury.

An autopsy showed she had multiple broken bones and injuries, some of which had previously healed. She also had sepsis because of an infected tooth that was left untreated. Court heard the blood infection reduced her chances of survival.

Rattlesnake didn't call 911 and instead asked acquaintances for help. Four others were charged in the case. Napope was found dead in a hockey bag in the back of a truck in central Alberta in 2023.

Fraser said Rattlesnake was "wilfully blind to Nina's suffering" and treated her body "almost as trash."

The Canadian Press

Lisa Johnson is a reporter for The Canadian Press based in Alberta.

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