Phillips’ appeal of decision in LPS surveillance case dismissed

Carrier texted Cst. Keon Woronuk, who was the acting sergeant on duty at the time, with a picture of the meeting and location. Woronuk attended the restaurant shortly thereafter.

In addition to taking photos, Woronuk was involved in setting up surveillance and subsequently following one of the stakeholders while running a police information check on them that was not related to any official investigations.

Phillips filed a complaint with the Lethbridge Police Service one week later. Rob Davis, who was the LPS Chief at the time, issued the officers a warning, finding that Phillips’ allegations were not of a serious nature.

On March 22, 2018, Davis initiated his own complaint into the matter, which took place as a result of “collateral issues from the Phillips complaint.”

Woronuk was convicted of five counts on July 9, 2020, including two counts of corrupt practice as well as one count each of discreditable conduct, deceit, and insubordination. He was sentenced to a temporary demotion from Senior Constable Level II to Constable 1st Class for a period of two years.

Carrier was convicted of one count each of discreditable conduct and neglect of duty. He was sentenced to a temporary demotion from Sergeant to Senior Constable Level II for a period of one year.

The sentencing decision prompted a further complaint from Phillips on August 6, 2020, stating her belief that the presiding officer’s penalty decision was unreasonable on the grounds that it was reached on the basis of joint submissions, it did not provide an explanation for the withdrawal of some disciplinary charges, it failed to consider the Charter and Criminal Code, and it failed to recognize her special status as an elected government minister.

Phillips argued, in relation to Woronuk’s demotion, that among other positions, “the presiding officer erred in failing to recognize the severity of corrupt practice of a police officer abusing his power to target a sitting Cabinet Minister on the basis of his personal political disagreement.”

She also alleged that the presiding officer, in ordering Carrier’s sentence, “erred in failing to recognize the severity of neglect of duty of a police sergeant knowingly not reporting or taking any steps to address apparent criminal and provincial offences committed by a sworn police officer in his command to target a sitting Cabinet Minister for personal and political reasons.”

The LERB responded to the latest complaint, issuing its decision on March 14, 2022.

“It is our view that the presiding officer thoughtfully considered the joint submissions and the applicable Amery factors relevant to the penalty decision. In addition, the presiding officer adequately addressed the severity of the charges against the respondent and fully considered the law related to the appropriate penalty. In addition to the specific arguments made by the appellant, we have reviewed the presiding officer’s penalty decision for its reasonableness and whether it provides the required justification, intelligibility and transparency as set out by the Supreme Court in Vavilov. While the presiding officer did not impose the most serious of penalties under the PSR, we are of the view that his decision falls within the parameters of reasonableness.”

The appeal has been dismissed by the LERB.

You can review the full document from the LERB here.

by David Opinko

Phillips’ appeal of decision in LPS surveillance case dismissed

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