Edmonton whistleblower detective loses legal battle against police chief

A police detective who leaked information to CBC News about an infamous Edmonton landlord has lost his legal bid to have his case reviewed.

Court of King's Bench of Alberta has dismissed Dan Behiels's application asking for a judicial review of the Edmonton Police Commission's decision to uphold his suspension without pay.

Police Chief Dale McFee suspended Behiels without pay in November 2021, after initially placing him on administrative leave nine months earlier.

Behiels sought the judicial review asking the court to set aside the police commission's decision on Jan 24, 2022, or order a new hearing.

"Det. Behiels has failed to meet his burden of establishing that the Commission's decision was unreasonable," Justice Denise Kiss wrote in her decision on July 31.

Three years ago a frustrated Behiels slipped CBC's Janice Johnston a thumb drive containing confidential investigative documents.

Behiels resorted to whistleblowing after a three-year investigation of a suspected criminal organization alleged to be run by landlord Abdullah Shah resulted in no charges.

McFee placed Behiels on leave with pay in February 2021 after receiving his emailed confession. Nine months later, police stopped paying Behiels who had continued to meet with Johnston and post about the case on social media.

The commission concluded that it was reasonable for the chief to relieve Behiels from duty without pay "to minimize risk to the service and the public."

"I find that the reasons of the Commission are internally consistent and demonstrate a clear, rational chain of analysis," Kiss wrote in her decision.

"The decision makes it clear the Applicant's alleged misconduct in this case was (1) the unauthorized disclosure of confidential EPS investigative files to the media; (2) the potential disclosure of highly sensitive confidential informant information; and (3) the ongoing breaches of EPS policy."

Arguments

Central to the civil dispute was whether McFee had complied with policing regulation allowing him to relieve Behiels of duty without pay for violating the police act in "exceptional circumstances."

An ongoing three-year investigation by the EPS professional standards branch could see Behiels face disciplinary charges of insubordination, breach of trust and discreditable conduct.

McFee argued the circumstances were exceptional in multiple ways including divulging information about confidential informants, and communicating with Johnston and posting disparaging remarks about EPS on social media, after the suspension with pay.

Behiels countered that he had removed confidential informant information from the thumb drive. He said he had not provided Johnston with additional confidential information during subsequent meetings and his social media posts were "value-neutral."

In an email Thursday, Behiels said he was disappointed but not surprised by the decision and has several concerns with how his case continues to be handled.

"I am currently seeking legal advice to determine the next steps. Whether or not we pursue an appeal will be a family decision, since that would be a large financial burden," he wrote.

Edmonton police said McFee was on vacation and could not comment.