Suspended Edmonton detective should be dismissed for leaking files to CBC: tribunal

In a conclusion released tues, the net cover of a disciplinary audience convened under the Police Act ordered the immediate termination of former EPS detective Daniel Behiels. 

The tribunal ruled that Behiels’s suspension must be upgraded to a permanent removal from the force, citing insubordination and breach of confidence demonstrated by his handling of sensitive police files.

“Detective Behiels did not fulfil the duties and expectations of an experienced detective and must be sanctioned. That sanction must demonstrate the seriousness of the misconduct and serve as a deterrent to others,” Fred Kamins, the tribunal’s presiding officer, wrote in the decision.

“Having considered the totality of the factors, I am not satisfied that, in this case, a remedial sanction is appropriate. This was serious misconduct.” 

Behiels, an 11-year EPS veteran, had been leading a multi-year investigation into Abdullah Shah, a notorious inner city landlord, and some of his alleged accomplices. Shah was fatally shot outside his southwest Edmonton home in March 2022. 

Two days later, Behiels confessed his actions in an emailed report to then-police chief Dale McFee, who placed him on administrative leave starting in February 2021. 

Nine months later, police stopped paying Behiels, who had continued to meet with Johnston and post about the case on social media.

Behiels said he believed the investigation into Shah’s alleged criminal activity was intentionally stymied by EPS senior officials, the tribunal heard.

Behiels told the tribunal that he believed he had exhausted every organizational channel in place before leaking the files, which he said were carefully vetted to protect informants.

There was no whistleblower policy in place at the time. 

The tribunal heard that Behiels said that he acted out of "despair" and moral obligation, saying he felt internal investigations into corruption were being buried. 

He testified that he felt a "duty to warn" the public about a criminal organization and alleged corruption involving a senior officer. 

Counsel for Behiels argued that the four-year delay between the leak and the hearing constituted an "abuse of process" and requested a stay of proceedings, arguing that Behiels was a whistleblower with “noble intention.”

That argument was rejected by the tribunal.

The report said Behiels’s misconduct included violating direct orders by continuing to communicate with the reporter while suspended, and insubordination for posting content on social media that referenced the EPS, which violated the service’s social media policy.

The tribunal ruled that Behiels demonstrated a lack of "true contrition," as he indicated he might make the same choice again if given a "time machine."

“[Behiels] displayed significant disregard for the consequences to the public, the service and himself. He expressed remorse by admitting his misconduct and accepting the counts,” the decision states.

“It is shallow remorse.” 

Reporter

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