LAWYERS CHR (on an a oan December 13,2021 Shannon Philips, MLA Lethbridge West NDP Official Opposiion #110,410 Safford Drive South Lehbridge, Albers T1) 112 Dear Madam: Re: Section 17 Police Act Inquiry Lethbridge Police Service Databases and Record Management Systems Further to our correspondence of December 10, 2021, please find enclosed the Terms of Reference signed by the Minister on May 13, 2021 and the as yet unsigned Addendum to the Terms of Reference. While we anticipate receiving approval from the Minister shortly on the Addendum to the Terms of Reference, so. to not delay the progression of the Inquiry, we have enclosed the unsigned version. Yours rly, DDC LAWYERS LLP Per “Loa, Loni” “Mhotase Dae” LARA LEVESQUE MARIANNE DUNN 1300 Bel Tower, 10104 103 Avenue, Edmonton AB. TS) OHB Office 7804233366 Fax: 7804230508 DDC LAWYERS COM GE 5 ALBERTA RSTCE MOTOR oEAL orem Dep moked A ARs May 13, 2021 Vi. Hen Ame O'Donnel Criperson Low Efreement Review Board cloBoard Sereuy S020 10025 102A Avene Edmonton AB 141323 Dear Ms. O'Donnel av resent reviewed an action pln dra by he Letbridge Pole Service (LPS), which was Geena toate my concern id xpecaors. for he servis and fh Lehre Pace on (LPC) th sve Tollowing rm oft events ht uestoned he hi 10 ie ective and sdequne POIRAE 1 he chiens of he Cy of Lewrie on ath key concern respects unathried scces 10nd use ofthe LPS dtabses (Condin Poin totam Come apd ch ow ler ead manage systems). Tobe asst he LP on deeming ther abe and Copsey 10 afegard these dlbases and (0 mgs Ssus of reno sees amd use, § am dieeing sn ny by th Low Enforcement Review Board (he Board) pursuant to section 17(1)(c) of the Police Act for the purpose of assessing the practices, os nd rocuses of he LPS respecting sees nd se of LPS dahass. and cord anagem system. ore specify + The Bond will conduct publ nqly fn accordance wilh he procedures and powers st tr aton 2 fhe Police Ae nd he Bons Appa Pls and Proceiees. + The Board wil permit parcpation by, and receive any rekevan cvidnce from, al persons vga tie mt 4 dons pope, moding th LenS Poles Commo, he Teoridge Poice Service, the Albena Serious Inclent Response Team, and the Desir of Tow Fatorcement + The Bond i storied to hear and decile al questions necessary or relied f the ny, cluding all qocskons regarding acces and use of formation hed the LPS databases, te nat, Solos ms rocdre rspesing LPS records mamgemen stones cos and ust of CHIC. “2 Leb eg, mono, At TID Citas Thos 0-123 Fas 0412461 meas TW 13 Co Termine WO215008 .2. «The Board will submit a report to me by November 30, 2021, setting out ts inquiry findings and recommendations. Inthe event that the inquiry has not concluded by that date, the Board will provide me with an estimate of the time required to conclude the inquiry and will submit is report to me within three months after the inquiry concludes. «The Board will inquire into whether any person or enty With responsiviles in connection With policing did, or omitted to do, anything to enable, support, facile, condone, promote, or encourage the misuse or unauthorized access, useor disclosure of LPS databases and information or other LPS records management systems, including any faire to take action in relation to knowledge of such misuse and improper or unauthorized access or use. + The Board is authorized to consider matters within th past ten-year timeframe, uness such evidence arises that the Board determines a longer time period s required 10 appropriately conduct and compete the inquiry. + The Board may make findings and recommendations relating to any specific or general matters that rie from the inquiry. The recommendations may include legislative, poy, and practice recommendations relating to police conduct and discipline, LPS operations and Edminisraton, as well 3 recommendations for improvement of civilian oversight by the LPC. 1f yo requis assistance in this matter, ask that you direct your inquires to Mr. Marlin Degrand, Acting Assistant Deputy Minister, Public Security Divison. Mr. Degrand can be reached at 780-427-6887 or mark, desrand @ov.ab.ca By implementing change from within the LPS, i i my hope 0 reform and develop the LPS into a model service for ll police agencies in Alberta to follow. wish o thank you for the board's continued commitment 0 ensuring the citizens of Abera have rust and confidence in Alberts police services and | look forward to hearing the resuls of your review. Yours very tly, Kaycee Mads, QC Minster Enclosure cc: His Worship Chris Spearman, Mayor, Ciy of Lethbridge Chief Shahin Mehdizadeh, Lethbridge Police Service Rob van Spronsen, Chairperson, Lethbriige Police Commission Addendum to Terms of Reference I, the Honourable Kaycee Madu, Minister of Justice and Solicitor General of Alberta, make the following direction pursuant to 5.17(1)(c) of the Police Act, R.A. 2000, c. P-17 as amended (the Act): 1. For further clarity, the Board's focus in this Inquiry shall be: a. The status of LPS policies, procedures, and practices pertaining to the use, access, and disclosure of their databases and record management systems, and the information contained therein, in the last 10 years; and b. The proposed andor implemented changes made by the LPS and whether they are reflective of best practices and, in particular, whether they are sufficient to safeguard against unauthorized access, use and disclosure of the LPS databases and record management systems. 2. The Board shall submit a report to me no later than July 31, 2022 setting out its Inquiry findings and recommendations. In the event that the Inquiry has not concluded by that date, the Board will provide me with an estimate of the time required to conclude the Inquiry and will submit its report to me within three months after the Inquiry concludes. Date Kaycee Madu, QC Minister Justice and Solicitor General Classification: Protected A LAWYERS December 10,2021 or Shannon Philips, MLA Lethbridge West NDP Official Opposiion #110,410 Safford Drive South Leihisidge, Alberta T1) 112 Dear Madam: Re: Section 17 Police Act Inquiry Lethbridge Police Service Databases and Record Management Systems Further to the correspondence of Ms. Enns in this matter, we confirm that the Minister of Justice and Solicitor General (“the Minister” has directed a Public Inquiry 10 assess the practices, policies, and procedures of the Lethbridge Police Service (“LPS”) with respect to the access and use of information within databases and record management systems. The Inquiry is directed pursuant to section 17 of the Pale Act, RSA 2000 ¢ P 17 (“the Ac?) and shall be heard by the Law Enforcement Review Board (“the Board”). We have been appointed as Inquiry Counsel pursuant to section 15 of the Ad. Powers and Findings of the Board The procedutes and powers of the Board ate set out in section 20(1) of the Ad. As directed by the Minister, the Board will rccive evidence from all persons or legal entities that it deems appropriate. Inquiry Scope The scope of the Inquiry is set out in the enclosed Terms of Reference signed by the Minister on May 13,2021 and the as yet unsigned Addendum to the Terms of Reference. While we anticipate receiving approval from the Minister shortly on the Addendum to the Terms of Reference, so as to not delay 1300 Bell Tower, 10104 103 Avenue, Edmonton AB, TS) OHB Office: 7804233366 Fax: 7604230805 00 C LAW V ‘ the progression of the Inquiry, we have enclosed the unsigned version. Upon approval by the Minister, we will provide you with a signed copy “The Inquiry will not focus on specific incidents or events. Rather, the focus will be on LPS polices, procedures, and practices for information databases and record management systems over the last 10 years. The Inquiry will also explore changes, both proposed and implemented, made by the LPS, and will consider whether such changes are reflective of best practices to safeguard against unauthorized use and access. Issues To guide the Inquiry, we have framed the issues to be considered as follows: 1) What information systems does LPS use? What information is available through these systems? 2) Who has access to the LPS information databases? 3) What are the limitations on access and use to LPS information databases? Are there varying levels of access? 4) What safeguards are in place to prevent unauthorized access and/or use to LPS information databases? 5) What policies govern access to and use of LPS databases? 6) What training do LPS staff and members receive with respect to accessing and using information databases? 7) What recent changes have been made to LPS policies and practices with respect to accessing, and using information databases? 8) What, if any, additional measures can be taken to protect and safeguard against unauthorized use and access to LPS information databases? The Inquiry Rules of Procedure. ‘The Rules are enclosed. The deadline for applications for standing in this Inquiry i January 10, 2022. Details of the application process and requirements for standing may be found in parts 5 and 6 of the Inquiry Rules. An application for participant standing must demonstrate a substantial and direct interest in the subject of the Inquiry. An application for intervener standing must demonstrate expertise, or a particular interest, in the subject of the Inquisy, including any recommendations that the Board may make in is report. The application forms are enclosed. Should you have any questions or wish to discuss this matte, please do not hesitate to contact us. Yours my, DDC LAWYERS LLP Per “Lia. Los” Motos Due” TARA LEVESQUE MARIANNE DUNN Lethbridge Police Service Inquiry under section 17(1)(a) of the Police Act Conducted by the Law Enforcement Review Board PART 1 = INTERPRETATION... | Li ————— Application of Rules of Procedure and Exercise of Board's Powers 4 Representation 4 PART 3 = ROLE OF INQUIRY COUNSEL w.csssssssnsss PART 4 COMMUNICATIONS concurs PART § = APPLICATIONS... | PART 6 — STANDING & PARTICIPATION. ..c.ssssssssssssnd Participant or Intervener Standing 9 PART 7 INQUIRY DOCUMENTS... 11 Redactions 2 Access to Inquiry Documents - 12 PART 8 = INQUIRY PROCEEDINGS GENERAL... 13 Witnesses. " ” 13 Notices to Produce or Attend " 14 PART 9 = INQUIRY HEARING... 15 Preparation of Witness Testimony. 15 Participants, Affected Persons, and the Public 15 Presentation of Evidence 15 PART 10 — REPORT AND INQUIRY FILE ssn: 16 ‘Submissions and the Preliminary Inquiry Report - 16 Final Inquiry Report - 17 Inquiry File. 17 APPENDICES " - 18 Lethbridge Police Service Inquiry Rules. PART 1 - INTERPRETATION 1. Inthese rules, the following definitions apply: a “Act means the Police Act, RSA 2000, cP-17; b. “address for delivery” means a party's contact information designated as their address for delivery under Rule 17; c. “application includes an application for. i. adding documents to the inquiry documents; ii. removing documents from the inquiry documents; iil. standing; iv. adding witnesses to the witness list; V. removing witnesses from the witness list; Vi. variation of or relief from any rule or practice direction; vii. an adjournment of a date that is scheduled as part of the inquiry; viil. any other relief requested. 4 "Board" means the Law Enforcement Review Board established under the Act; e. ‘business day means Monday through Friday, but does not include a holiday under the Interpretation Act, RSA 2000, ¢ 1-8; f. “business hours’ means between 8:15 am. and 430 p.m. Mountain Time on business days; 9 “communication includes a notice, application or submission provided for in these rules; h. “document’ includes notes, reports, statements, correspondence (including e-mails, text messages and other electronic communications), policies, procedures, video Page | 1 Lethbridge Poiice Service Inquiry Rules recordings and audio recordings; i ‘hearing’ or "heard" and similar terms refer to an oral hearing or a hearing in-writing as the Board determines in accordance with the Act and the law, i. “inquiry” means the inquiry established by the Terms of Reference and the related Addendum; Kk “inquiry documents means the documents identified and assembled under Part 7, in either preliminary or final form; I “inquiry file” means the file maintained by the Board for the purpose of conducting the inquiry, including the following: i. correspondence and documentation relating to the Board's ‘administration of the inquiry; ii. documents provided by participants, interveners and others to the Board for the inquiry, both redacted and unredacted; iil. copy of written submissions of the participants iv. copy of written submissions of the interveners; Vv. original digital recording of hearings conducted by the Board; vi. original of the Board's decisions relating to the inquiry other than the report; and vii. the report but does not include any communications with Inquiry Counsel, notes, draft decisions or communications of a Board member, m. “intervener” means a person granted intervener standing by the Board; nh ‘notice’, ‘notify’ and similar terms refer to the delivery of a noice in wring as. provided for in these rules; o. “participant” means a person granted participant standing by the Board; Page | 2 Lethbridge Police Service Inquiry Rules P. “party means a participant or an intervener, or both; a ‘person’ includes a police service, police commission, individual or entity; ©. “promptly means as close to immediately as is practicable in thecircumstances; 5. “report” means a preliminary report or final report prepared by the Board under Part 10; t ‘rules’ means these rules of procedure for the inquiry; u. “Terms of Reference’ means the Terms of Reference and the related Addendum, attached as Appendices “A” and B" to these rules; Vv. “witness means a person named on a witness ist and a person who gives evidence by way of sworn writen statement or sworn oral testimony; and W. “witness list" means the lst of witnesses under Rules 56 and 60, in either preliminary or final form 2. Forthe purposes of these rules: a atermthatis not defined inthe rules buts defined in the Interpretation Acts defined as set out in that statute; b. aterm thatis not defined in the rules or the Inerpretation Act has the meaning given inthe Act or the Police Service Regulation, as the case may be; © the rules for computation of time in section 22 of the Interpretation Act apply; 4 the rules for presumption of the service of a document in section 23 of the Interpretation Act apply; e. the word ‘including’ means including but not limited to that stated matter or thing; and fifa specified rule is said to apply for the purposes of another rule, the specified rule applies with any changes in expression necessary for to apply. Page [3 Lethbridge Police Service Inquiry Rules PART 2- GENERAL 3. The Board may publish information to assist the parties in understanding and using these rules. These rules prevail over any such resources to the extent of any conflict or inconsistency between them. Resources wil be available on request. The Board may issue practice directions to provide further information or to guide practice and procedure in the inquiry. Practice directions prevail over these rules to the extent of any conflict or inconsistency between them. Practice directions wil be provided to the parties and be available on request 4. The Board may issue forms to be used in relation to the inquiry. These forms including those. found in Appendix °C" to these rules, must be used for the purposes of these rules. 5. These rules gover the parties in the course of the inquiry. The Board may, in itsdiscretion, vary these rules as it considers necessary to comply with the requirements of natural justice, procedural faimess, and other applicable laws. ‘Application of Rules of Procedure and Exercise of Board's Powers 6. Alparties must comply with these rules and any practice directions unless the Board orders otherwise. 7. The Board may exercise any power under these rules on its own initiative or on the application of a party. Without limiting the foregoing, the Board may on its own motion fix or adjourn the dates and times for an application or hearing or change its location. The Board will consul the parties where practicable before doing so. 8 The Board may waive or vary these rules on its own initiative or on the application of a party, including to reduce or to increase time limits retrospectively or prospectively, whether or not the time limit has expired, as the Board considers appropriate in the circumstances. The Board may provide written reasons for doing So if it considers it necessary to do so. 9. Amere technical irregularity or defect in form does not invalidate the inquiry and does not constitute non-compliance with these rules. Representation 10. A party may be represented by another person, including a lawyer, or may be self- represented. All acts done or omitted by the representative of a party are the acs or omissions of that party Page 4 Lethbridge Police Service Inquiry Rules. PART 3 - ROLE OF INQUIRY COUNSEL 11. Inquiry Counsel is impartial and acts in the public interest. Inquiry Counsel is subject to the direction of the Board. 12. Tasks of Inquiry Counsel include a. advising the Board on procedural issues; b. assisting the Board in fulfling the mandate set out in the Terms of Reference and the related Addendum; c. assisting in managing the integrity and efficiency of the inquiry; d. assisting or providing advice to the Board in relation to conduct of the inquiry, and preparation of the report; e. communicating on behalf of the Board to the parties; f. receiving communications and documents from parties on behalf of the Board; g. presenting evidence and calling witnesses; h. tasks set out n these rules; and i. any other tasks assigned by the Board. PART 4 - COMMUNICATIONS 13. Aparty may deliver a communication to the Board by email, mail, courier, process server, or personally at Law Enforcement Review Board Suite 1502, 10025-102A Avenue Edmonton, Alberta T5J 222 Attention: Barbara Newton, Board Secretary Fax: (780) 422-4782 Email: lerb@gov.ab.ca Page | 5 Lethbridge Police Service Inquiry Rules 14. Ifthe methods of delivery described in these rules have proved ineffective, or in the Board's opinion they are not likely to be effective, the Board may permit or require an alternative method of delivery. 15. A communication delivered to the Board after business hours on a business day is deemed to have been delivered to the Board on the next business day. 16. A party who delivers a communication to the Board must promptly deliver a copy of t to the other parties by a method of delivery set out below, and the following rules apply for the purpose of determining when the delivery is considered to have taken place. 17. The Board or a party may deliver a communication to another party or parties by delivering the communication to the party's address for delivery by regular mail, registered mail, courier, process server, in person or by email If the party has a representative, delivery of a communication to the party's representative is deemed to be delivery to the party, unless the party establishes otherwise to the Board's satisfaction. 18. If the Board requires proof of delivery of a communication, the party who delivered it may prove delivery by providing proof of delivery satisfactory to the Board, such as a. an affidavit or other proof satisfactory to the Board from the courier or other person who delivered the communication, setting out the time, date and method of delivery; b. a copy of a Canada Post certificate of confirmation of delivery of registered mail; or G. proof that the communication was successfully sent by email (with the Board having discretion to require an email ‘read receipt or other proof of receipt satisfactory to the Board) 19. A party who does not have a representative must promptly notify the Board and each other party of his or her contact information, as follows: a. a postal address or a street address sufficient for courier or personal delivery; and b. any email addresses 20. If a party has a representative, the party or representative must, promptly after the representative is appointed. notify the Board and all other parties of the representative's contact information, as follows: a. a postal address or a street address sufficient for courier or personal delivery; and Page | 6 Lethbridge Police Service Inquiry Rules b. any email address. 21. A party or their representative who provides contact information under Rule 19 or 20 must designate an address for delivery. 22. Parties must advise the Board of any change to the contact information provided under Rule 190r20 23. Subject to these rules, if a communication is: a mailed by regular mail itis considered to have been delivered to the intended recipient on the date that is seven days after the date on which it was posted with Canada Post, with the party who mailed the communication being responsible for establishing to the Board's satisfaction the date on which it was posted with Canada Post; or b. mailed by registered mai tis considered to have been delivered to the intended recipient on the date shown on the Canada Post documentation for proof of delivery. 24. The Board may provide relief from compliance with any rule relating to delivery of communications f a party establishes to the Board's satisfaction that a communication was either actually delivered to that party after the date on which itis considered to have been delivered under this rule or was not delivered at all PART § - APPLICATIONS 25 Tomake an application, the applicant must give written notice of the application to the Board and to the other parties. The notice must describe the nature of the remedy that is sought and the grounds on which it is sought. This includes a description of any evidence on which the party will rely for the application. 26. The Board will hear each application in writing unless the Board considers it appropriate to hear tin person 27. Ifthe Board will hear an application in writing a. the Board will notify the parties of the date by which the applicant's evidence and written submissions must be delivered: Page | 7 Lethbridge Police Service Inquiry Rules b. the Board wil identify whether participants of interveners, or both, may respond to the application; © the Board will ive the other parties who may respond under Rule 27(b) notice of the date by which any written submissions in response must be delivered; and 4 the Board wil state whether the applicant may reply to the responding written ‘submissions, and if so, on what date that reply must be delivered. 28. Ifthe Board will hear an application in person: a the Board will notify the parties of the ate on which the application will be held and the location of the application; b. the Board may hear an application over teleconference, videoconference or some other form of electronic meeting; Cc. the Board will identify whether participants or interveners, or both, may respond tothe application; d. the Board may, by notice, require the applicant to deliver to the Board any written submissions by a date specified in the notice; and e the Board may, by notice to the other parties who may respond under Rule 26(c) require them to deliver to the Board a written submissions by a date specified in the notice. 28. The Board wil issue its decision on an application after the hearing of theapplication is complete. The decision may be issued in wriing or may be delivered orally. 30. Ifthe Board receives an application for an adjournment of a hearing date that is scheduled as part of the inquiry, the Board may grant an adjournment where itis fair and reasonable to do so, including in light of the following: a whether the other parties have consented; b. the number of previous adjourments requested by the applicant; c. any prejudice or cost the adjournment may cause to another party. d. the impact of any delay to the inquiry to which the adjournment may contribute; Page | 8 Lethbridge Police Service Inquiry Rules e medical circumstances affecting an applicant, in which case the Board may require a medica certificate before it considers the application: f. other extenuating circumstances, including a scheduling conflict involving legal counsel that cannot reasonably be resolved; and g. whether the appicant made reasonable efforts to avoid the need for an adjournment. PART 6 ~ STANDING & PARTICIPATION 31. A person may apply for standing at the inquiry by applying 10 the Board. An applicant for participant standing must demonstrate a substantial and direct interest in the subject of the inquiry. 32. An applicant for intervener standing must demonstrate expertise, or a particular interes, in the subject of the inquiry, including any recommendations that the Board may make in its report. 33. Anintervener may at any time apply to change its standing to that of participant. 34. A participant may at any time apply to change ts standing to that of intervener. 35. The Board will consider applications for standing as they are received and wil notify each applicant of the Board's decision. 36. The Board will advise all participants and al interveners of the identity and contact information of each participant and intervener. 37. The Board may require a person to be a participant or intervener on the Board's own initiative. The Board will nolify the person by written communication in a method the Board deems appropriate. Participant or Intervener Standin 38. A participant has the right to a be represented by counsel; b. access the inquiry documents, but only on an undertaking not to disclose or use any inquiry document produced by another party for any purpose other than the. Page| 9 Lethbridge Police Service Inquiry Rules inquiry; ©. apply toadda document to, or remove a document from, the inquiry documents 4 make applications; © apply toadd or remove a name from the witness lst; f. provide evidence upon request by the Board; 9. make submissions about the evidence relating to the Board's findings: and h. make submissions about recommendations the Board may make. 39. Anintervener has the right to: a be represented by counsel; b. access the inquiry documents, but only on a signed undertaking not to disclose or use any inquiry document produced by another party for any purpose other than the inquiry; © make limited applications for standing or to change ts standing to that of a participant; do. provide evidence if the Board requests it; and make submissions about the recommendations the Board may make 40. Al parties are obliged to: a cooperate with the Board and the Terms of Reference and the related Addendum; b. comply with these rules; and © comply with directions and deadines as set by the Board in the course of the inquiry. Page | 10 Lethbridge Police Service Inquiry Rules PART 7 -INQUIRY DOCUMENTS 41. All documents provided to the Board under this Part shall be provided to Inquiry Counsel by email, mail, courier, process server or personally at DDC Lawyers LLP clo Lara Levesque and Marianne Dunn Suite 1300 Bell Tower 10104 - 103 Avenue NW. Edmonton, AB T5J OH Phone: 780-401-2379 and 780-401-2386 Email llevesque@ddc-lawyers com and mdunn@ddc-lawyers.com 42. Inquiry Counsel will review documents provided to the Board and compile a preliminary set of inquiry documents, consisting of documents that, in the opinion of Inquiry Counsel, are relevant to inquiry in light of the Terms of Reference and the related Addendum. 43. After preparing the preliminary inquiry documents, Inquiry Counsel will provide an index for the preliminary inquiry documents to the partes electronically 44. Ifa party wishes to view a copy of any document identified in the index for the preliminary inquiry documents, the party may request it from Inquiry Counsel, upon agreeing in writing that they are bound by an undertaking not to disclose or use any document for any purpose other than the inquiry. 45. Within 14 days of the date on which Inquiry Counsel provides the index for the preliminary inquiry documents, a participant may apply to remove a document from the inquiry documents or to add a document to the inquiry documents, or both. 46. To apply to remove a document from the inquiry documents, a participant must explain why that document should be removed from the inquiry documents. 47. To apply to add a document to the inquiry documents, a participant must include in the application a a copy of the document proposed to be added, or a description of it that is sufficiently detailed to enable the other participants to respond to the application and to enable the Board to consider i; and ban explanation of why the document should be included in the inquiry documents Page | 11 Lethbridge Police Service Inquiry Rules 48. The Board wil consider any application to add a document to, or remove a document from, the inquiry documents and will advise the parties ofits decision. 48. The Board will provide the parties with a inal index for the inuiry documents. 50. Following the Board's actions in Rules 48 and 49, Inquiry Counsel will prepare the final set of inquiry documents, under the direction of the Board, and will distribute electronic copies of final inquiry documents to all parties who have provided the required form of undertaking Redactions 51. In directing Inquiry Counsel to prepare the final inquiry documents, the Boardmyin its discretion not include a document, or may redact a document, if a the document contains third-party personal information such as email addresses, personal phone numbers, or home addresses; b disclosure of the document, in the opinion of the Board, would unfairly ‘compromise the integrity of criminal prosecutions; the information to be redacted may be withheld by a public body under section 20 of the Freedom of Information and Protection of Privacy Act of 4 inthe opinion of the Board the document should be redacted for any other reason the Board determines i in the interests of the inquiry. 52. If the Board chooses not to include documents, or redacts documents in the final set of inquiry documents, the Board will indicate the reason for doing so, but the Board wil not provide reasons where it has excluded documents that the Board considers vexatious, unimportant or unnecessary to the Terms of Reference and the related Addendum. Access to Inquiry Documents 53. Upon receiving an executed undertaking from a party, the Board wil distribute the final inquiry documents electronically to that party. 54. The Board may at any time during the inquiry order that the inquiry documents be sealed in whole or in part, such that the documents must be held by the Board and al parties in confidence and not be accessible to any other person or the public Page | 12 Lethbridge Police Service Inquiry Rules 55. A person who is not a party may apply to the Board to examine a copy of a document contained in the final inquiry documents. The Board may grant such an application if it is satisfied that to do 50 would be consistent with the purposes of the inquiry and that there is no significant private or public interest reason why the person should not examine the document PART 8 - INQUIRY PROCEEDINGS GENERAL 56. As part of any inquiry proceedings, the Board may direct the parties to provide submissions to the Board. a inwriing; b. inperson; or © overteleconference, videoconference or other form of electronic meeting. 57. Atany time during the inquiry, the Board may require any person to answer questions from the Board. If a person fais to answer those questions, the Board may. a exercise ts power of contempt as provided under the Public Inquiries Act, RSA 2000, ¢ P-39; or b. where itis unable to exercise the power of contempt under the Public Inquiries Act, apply to the Court of Queen's Bench for an order committing that person for contempt in the same manner as if that person were in breach of an order or judgment of that Court Witnesses 58. Inquiry Counsel will identify individuals who, in the opinion of Inquiry Counsel, may assist the inquiry in fulfling its Terms of Reference and the related Addendum. Inquiry Counsel will provide a preliminary witness list to the parties. 59. A participant may apply to the Board to add a witness to, or remove a witness from the witness lst, by submitting an application between the date on which the preliminary witness. listis provided and the date identified by the Board as the deadline for application 60. After considering all applications under Rule 59, the Board will direct Inquiry Counsel to prepare a final witness list and Inquiry Counsel will provide the final witness list to parties. 61. Awitness has the right not to have any incriminating evidence given in the course of the inquiry used to incriminate that witness in any other proceedings, except in a prosecution for Page | 13 Lethbridge Police Service Inquiry Rules perjury or for the giving of contradictory evidence. For clarity, this rule is not intended to limit section 51 of the Police Act. 62. Every person has the same privileges in the inquiry in relation to the disclosure of information and the production of documents, papers and things as witnesses have in any court 63. Notwithstanding Rule 62: a no provision in a statute, regulation or order requiring a person to maintain secrecy or not to disclose any matter applies in this inquiry; and b. no person required to furnish information or produce any document, paper or thing, or who is required to give evidence at the inquiry will refuse to disclose the information or produce the document, paper of thing on the ground that a statute. regulation or order requires the person to maintain secrecy or not to disclose any matter. Notices to Produce or Attend 64. The Board may by notice (‘Notice to Produce’) require a participant, interveneror or any other person to provide documents to the Board. The person to whom notice s given must provide the documents to the Board as required in the notice. 65. The Board may by notice (‘Notice to Attend") require a person to attend who, in the opinion of Inquiry Counsel or of the Board, may assist the inquiry in fulfiling its Terms of Reference and the related Addendum 66. If a person who is served with a Notice to Attend fails to attend or fais to comply with a Notice to Produce, the Board may: a exercise ts power of contempt as provided under the Public Inquiries Act; or b. where itis unable to exercise the power of contempt under the Public Inquiries Act, apply to the Court of Queen's Bench for an order committingthat person for contempt in the same manner as if that person were in breach of an order or judgment of that Court 67. Awitness, other than one employed for a police service, attending a proceeding before the Board is entilied to the same fees and allowances as a witness summoned to attend at the Provincial Court of Alberta Page | 14 Lethbridge Poiie Service Inquiry Rules PART 9 - INQUIRY HEARING 68. The Board may direct that a proceeding before the Board be held: a inperson;or b. byway of ateleconference, videoconference or other form of electronic meeting. 60. The Board will provide a notice in writing ofthe date, time and location of an inquiry hearing to all parties at least 10 days before the commencement of the proceedings. Preparation of Witness Testimony 70. Priorto the hearing, for each witness identified in the final witness ist under Rule 60, Inquiry Counsel will endeavour to interview each witness prior to an inquiry hearing, in the presence of legal counsel ifthe witness wishes to have legal counsel present 71. Inquiry Counsel will to the extent practicable identify the anticipated order of witnesses at the hearing of their testimony. Participants, Affected Persons, and the Public 72. Aparticipant may; a make an opening statement; b. make a closing statement; Gc. cross-examine witnesses. 73. Unless the Board or a court orders otherwise, members of the public may attend any inquiry hearings. Presentation of Evidence 74. The final inquiry documents will be entered as an exhibit at the start of the inquiry hearing. 75. Nothing in these rules prevents the Board from entering additional exhibits at any inquiry hearing 76. Unless a witness is a participant or intervener, each witness will be excluded from the proceeding room until their testimony. Page | 15 Lethbridge Police Service Inquiry Rules. 77. Witnesses wil testify under oath or affirmation. 78. For each witness: a Inquiry Counsel will examine the witness in chief; beach participant who wishes to cross-examine may do so, subject to any time limits and other directions of the Board; © ifthe witness has his or her own legal counsel, that counsel may question in re- direct; 4 Inquiry Counsel may re-examine the witness after the other examinations are complete. 79. Inquiry Counsel may cross-examine a witness if necessary, such as when there is no participant adverse in interest to that witness. 80. Only the Board may record inquiry hearings. If any person requests a transcript of the recording, that person must pay the cost of producing the transcript PART 10 - REPORT AND INQUIRY FILE ‘Submissions and the Preliminary Inquiry Report 81. In the inquiry report, the Board may make findings and recommendations relating to any specific or general matters that arise from the inquiry. 82. The participants may make submissions to the Board relating to the Board's findings of fact. Participants wil comply vith deadines specified by the Board. 83. Following submissions relating to findings of facts, parties may make submissions to the Board relating to the Board's recommendations. Parties will comply with deadlines specified by the Board. 84. The Board may receive submissions from the parties: a inperson; b. inwiing; or cover teleconference, videoconference or some other form of electronic meeting. page | 16 I= / Lethbridge Police Service: / Inquiry Rules 85. The Board will make available a preliminary report to parties, on a confidential and embargoed basis, so that: a participants may suggest corrections to findings of fact b. participants and interveners may suggest changes to the recommendations. 86. The Board is not bound to accept any suggested corrections or changes. Final Inquiry Report 87. The Board shall inform the Minister of Justice and Soliitor General of Alberta in writing of the findings of the Board in a final inquiry report 6. The final inquiry report will identify the participants, interveners, witnesses and other individuals who were involved unless identity or other information is redacted, in accordance vith Rule 54, upon an application by a party or witness, or on the Board's motion. Inquiry File 86. The inquiry file will be retained by the Board for the later of the period of 270 days from the date on which the report is submited to the Minister of Justice and Solicitor General and the date on which any related legal proceedings have ended. 60. Within a reasonable time after expiry of the period in Rule 89, the Board wil destroy documents provided by participants, interveners and others to the Board,including any unredacted documents received. page | 17 Lethbridge Police Service Inquiry Rules Lethbridge Police Service Inquiry under section 17(1)(a) of the Police Act Conducted by the Law Enforcement Review Board A. Terms of Reference B. Addendum to Terms of Reference C. Forms: 1. Application for Standing 2. Notice to Produce 3. Notice to Attend 4. Undertaking Re Inquiry Documents (Preliminary or Final) 5. Application to Add or Remove a Witness from the Wilness List 6. Application to Add or Remove a Document from the Inquiry Documents 7. Application by Media for Copies of Particular Documents Page | 18 Lethbridge Police Service: Inquiry Rules Lethbridge Police Service Inquiry under section 17(1)(a) of the Police Act Conducted by the Law Enforcement Review Board -e____~~ FO —— Phone number: E-mail address: S— Q _ Individual OR O Representative of — | am applying to be a: choose one; seo next page for deta) (0 Participant. This is why | have direct and substantial interest in the Inquiry. (may attach up to 2 pages maximum) OR ©) itervener. This is the expertise or particular interest can offer to the Inquiry {may attach up to 2 pages maximum) me -_ -_ -_— - -_— spp mpere——— Signature — Information for Applicati ; . plication for Standing pr nse you Hi file a completed Applicaton fo Standing no later than noon Landay January 10, with the Law Enforcement Review Board at Law Enforcement Review Board 1502, 10025-102 A Avenue Edmonton, Alberta T5J 222 Attention: Barbara Newton, Board Secretary lerb@gov.ab ca + These rights are subject to final determination by the Board: (gh | Paricpantstas | intervener status ___ Mew — Represented by counsel v v “Access to inquiry v - | documents set on undertaking “Apply to add or remove a document from the inquiry documents “Apply to add or remove a witness from the witness lst fiiake oiher applications (Limited) | Provide idence upon request bY Inui Opening statement v — ake submissions on the Board's findings of | otf | Make submissions on fhe 3 1 Board's | recommendations | Closing statement — Lethbridge Police Service Inqui iry under section 17(1 " Conducte (1)(a) of the Police Act d by the Law Enforcement Review Board © Whereas the Minister has directed the Law Enforcement Review Board to conduct a public inquiry into the policies and procedures regarding the access, use and maintenance of the Lethbridge Police Service databases, as more specifically set out in the Terms of Reference and Addendum to the Terms of Reference attached; Under authority of section 20(1) of the Palice Act, the Public Inquiries Act and the Inquiry Terms of Reference and Addendum to the Terms of Reference; YOU ARE REQUIRED TO PRODUCE All documents, records and things of any Kind that are in the possession or control of the that in any way relate to or touch on: _ the polies and practices regarding the access, use and manienance of ne Lethbridge Police Service's databases; and/or _ the policies and practices regarding the access, use and maintenance of your respective police agency's databases WHERE “Documents, records and things includes notes, eprte, statements, correspondence {Including e-mais, text messages and ofher electronic Communications), policies, procedures, video fecordings and audio recordings. DATED atthe Gly of inthe Province of Alberta, this___day of aoe CHRISTINE S. ENNS, Chair, Alberta Law Enforcement Review Board Lothbridge Police Service Inui ui i ; A nga sastion AW js tia feltcn pot aw Enforcement Review Board Co Whereas the Minister has directed the Law Enforcement Review Board to conduct a public inquiry into the policies and procedures regarding the access, use and maintenance of the Lethbridge Police Service databases, as more specifically set out in the Terms of Reference and Addendum to the Terms of Reference attached; Under authority of section 20(1) of the Police Act, the Public Inquiries Act and the Inquiry Terms: of Reference and Addendum to the Terms. of Reference; YOU ARE REQUIRED TO ATTEND BEFORE THE LAW ENFORCEMENT REVIEW BOARD on oo ew commencing at —— (time). at (address). to give evidence cancaring he sue mar fhe rau nd ge record, document, substance or ing rolted (0 the subject matter of this. inquiry. AND TAKE NOTE THAT: you aoa oo answer cussion a he Board recs you 0 rower, of ifyou ail records, documents, substances or hings related to the subject matter of the inquiry, ne Board may: a. exercise its power. of contempt as provided under the Public Inquiries Act, or Be to xercie he power of onlempl under the PUBIC Inquires Act oe he Gout of Queens Bench for an order commiting you for conte in the same manner as if you were in ‘breach of an order or judgment of that Court. DATED atthe Gity of inthe Province of Alberta, this_day of 2022 CHRISTINE S_ENNS, Char, Alberta Law Enforcement Review Board Lethbridge Police Service Inqui . Conducted by the Lory under section 17(1)() of the Police Act y the Law Enforcement Review Board PO Whereas the Minister has directed the Law Enforcement Review Board to conduct a public inquiry into the policies and procedures regarding the access, use and maintenance of the Lethbridge Police Service databases, as more specifically set out in the Terms of Reference and Addendum to the Terms of Reference attached; Whereas | am a: Participant Intervener Q otner or all inquiry documents a gang low, ndariake TL 0 close us ny FU OCTET 1 PEERS other than the Inquiry. | understand that if | “obtain access to an Inquiry document, | am strictly prohibited from using the. “document in any way that does not relate to my participation in the Thauiry. Further, | shall not give access to any Inquiry document to anyone else unless they also on a Undertaking in ths Form. DATED atthe Gityof___—————i" the Province of Alberta, this___day of , 2022. soNATORE eo REPRESENTING (FAPPLICABLE): CONTACTINFORMATION: nbridge Police Servi i " Lethbridgf De Sees Inquiry under section 17(1)(a) of the Police Act y the Law Enforcement Review Board A —— Whereas the Minister has directed the Law Enforcement Review Board to conduct a public inquiry into the policies and procedures regarding the access, use and maintenance of the Lethbridge Police Service databases, as more specifically set out in the Terms of ‘Reference and Addendum to the Terms of Reference attached; Whereas | have participant standing in the Inquiry, and | have reviewed the witness list dated -- And | am applying to: + Add the following witness to the wines st _ Remove the following witness from the witness fst — The reasons for this application are: Ee eee ree SATE emer eo ORESENTNG(FAWRLCABE: Lethbridge Police Service Inquiry under section 17(1)(a) of the Police Act onducted by the Law Enforcement Review Board APPLICATION TO ADD OR REMOVE A DOCUMENT FROM THE INQUIRY DOCUMENTS BY: Whereas the Minister has directed the Law Enforcement Review Board to conduct a public inquiry into the policies and procedures regarding the access, use and maintenance of the Lethbridge Police Service databases, as more specifically set out in the Terms of Reference and Addendum to the Terms of Reference attached: Whereas | have participant standing in the inquiry, and | have reviewed the fst of inquiry documents dated : And 1 am applying to: + Add the following document to the inquiry documents: + Remove the following document from the inquiry documents The reasons for this application are: HE eee ————— _— mm —— DATE SIGNATURE: NAME: REPRESENTING (IF APPLICABLE] = Lethbridge Police Service Inquiry under section 17(1)(a) of the Police Act Conducted by the Law Enforcement Review Board APPLICATION BY MEDIA TO VIEW eV Whereas the Minister has directed the Law Enforcement Review Board to conduct a public inquiry into the policies and procedures regarding the access, use and maintenance of the Lethbridge Police Service databases, as more specifically set out in the Terms of Reference and Addendum to the Terms of Reference attached; Witness testimony has commenced; 1am Q A bona fide member of media; or 0 A representative of the following bona fide media organization. oe | am applying to examine a copy of the following inquiry document(s) ee —————— eee —— -_ | understand that the Board may not grant this application if it is satisfied that to do so would be inconsistent with the purposes of the inquiry, or that there is a significant private or public interest reason why | should not examine the document owe snare ave REPRESENTING (IF APPLICABLE):