Public confidence in police at risk if former officer allowed to have job back, CPS lawyer argues
Alex Dunn is appealing his dismissal from the Calgary Police Service
It's a very bad idea to allow convicted criminals to serve as Calgary Police officers, a lawyer for the service argued Wednesday.
Former Calgary constable Alex Dunn was before the Law Enforcement Review Board (LERB) on Wednesday, fighting to get his job back 14 months after he was fired for discreditable conduct. He had been convicted for assaulting a handcuffed Black woman by throwing her on the ground face first.
"If you want the public to lose respect for the police, have convicted, sentenced criminals serve as police officers," Michael Mysak said to the LERB panel.
Dunn was found guilty of assault causing bodily harm and ultimately sentenced to 30 days in jail and six months probation for the violent assault on Dalia Kafi in December 2017.
'Grave' misconduct
A disciplinary hearing followed Dunn's criminal case. In November 2023, presiding officer Paul Manuel found that the only appropriate sanction for Dunn's discreditable conduct was dismissal.
"The grave nature of his disciplinary misconduct is such that the employment relationship in this case has been irreversibly compromised," wrote Manuel in his 99-page decision.
But Dunn wants his job back.
His lawyer, Alain Hepner, and Mysak appeared before the Law Enforcement Review Board on Wednesday for the former officer's appeal of his disciplinary decision.
A jarring video of the assault was released during Dunn's trial. Once posted online, it went viral. It's been viewed more than 13 million times.
"I know of no other matter in the history of the CPS where the public interest has been more engaged," Manuel wrote.
"The reputation of the police service, and policing in general, suffered drastically and has been ongoing since the assault itself in December of 2017."
Manuel wrote that Dunn's actions were "of such a nature they clearly demonstrate that he is not suitable to hold the office of police officer and to perform the related duties and responsibilities," wrote the presiding officer.
While Hepner conceded "the optics of this particular event are bad," he went on to argue it should not have affected Manual's dismissal decision.
"It's as if the video was so bad that the hearing officer was going to dismissal right away and stickhandling around the facts to get there."
'Incongruous with being a police officer'
But Mysak told the panel that Dunn's appeal was "without merit" and argued Manuel made no reviewable errors in his decision.
"When you are convicted of a crime and sentenced to jail, it is incongruous with being a police officer," said Mysak.
Hepner said there "were other options short of dismissal" and argued Manuel erred in finding that Dunn had a pattern of using excessive force.
But Mysak pointed out Manuel considered the fact that Dunn had previously been disciplined for misconduct in 2015 and again in 2016.
'Still trying to deny his liability'
Dunn also testified he'd conducted dozens of "dynamic takedowns" similar to the one in 2017 in his seven years as a CPS officer, which the presiding officer said should be "the exception and not commonplace."
"If someone does it dozens of times, he must have some preference for it," said Mysak.
The CPS lawyer also highlighted that Dunn has never shown any remorse or accountability.
"Dunn is still trying to deny his liability, his responsibility," said Mysak. "He's still saying he did nothing wrong in judo flipping Ms. Kafi."
In his decision, Manuel noted Dunn continues to maintain his actions were warranted and consistent with his training.
The panel will issue its decision on Dunn's appeal in the next 60 days.
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