Details of Saint John police officers' complaints against chief to be made public, judge rules

The Saint John Board of Police Commissioners and Chief Robert Bruce have lost a bid to permanently deny public access to all court documents related to conduct complaints nine officers filed against the chief.

Court of King’s Bench Justice Kathryn Gregory has dismissed a motion to continue a temporary sealing order on roughly 500 pages in the file that reveal “directly or indirectly, the specifics and/or the substance” of the complaints.

Taxpayers have “a great deal invested in the police” and “an interest in the goings on in police departments given the public nature of policing,” and the “great powers” given to police, Gregory wrote.

“Police complaints, even … in the context of employment related issues, are of concern and interest to the public.”

The decision stems from a request for a judicial review the nine Saint John Police Force officers filed in September after the Saint John board and New Brunswick Police Commission dismissed their complaints against Bruce under the Police Act.

According to an affidavit from Bruce, the Saint John board “summarily dismissed” seven of the complaints and “partially” dismissed two “for reasons that include that they were frivolous, vexatious and/or not made in good faith or fell outside the jurisdiction of the Police Act."

The officers include Sgt. Andrew Belyea, Staff Sgt. Andrew MacBean, Const. Christopher Messer, Const. Donald Shannon, Const. Duane Squires, Const. Mary Gellatly, Insp. Samantha McInnis and Sgt. Stacy Humphrey.

Const. Emily Hobbs withdrew her application for a review after reaching a settlement, board lawyer Jamie Eddy told the court last month. No details were provided.

On Feb. 20, Gregory heard arguments on a motion by the Saint John Board of Police Commissioners for a permanent sealing order and publication ban, or a continuation of the temporary ones until after a hearing March 24 on whether the officers have legal standing to request the judicial review, or after a decision on the merits of the judicial review application itself.

Board lawyer Jessica Bungay cited, among other things, “reputational concerns and the public’s confidence in the Saint John Police Force.”

The chief “serves as the face of the Saint John Police Force and as its spokesperson, and his professional reputation and the public's confidence in him are, we would submit, intrinsically linked and intertwined with the reputation of the Saint John Police Force and the public confidence in the Saint John Police Force,” she said.

The New Brunswick Police Commission took no position on the matter.

Bruce, who is an intervener in the case, did not attend the hearing but supported the board’s motion through his lawyer, Tara Erskine. She alleged, among other things, that the documents contain “false and defamatory information … that has been found to be frivolous and vexatious, and which was intended to embarrass Chief Bruce and attempt to pressure him to leave the Saint John Police Force.”

Steven Veniot, who is representing the eight officers seeking a judicial review, argued the current sealing order is “overly broad” and allows “only the employer’s narrative to remain public.”