A coalition of Alberta defence lawyers and a former RCMP homicide detective are demanding a third-party criminal investigation into the leadership of the Edmonton Police Service, alleging that the chief and a top legal director attempted to illegally influence the judicial process.
The calls for a criminal probe into Edmonton police chief Warren Driechel and legal and regulatory services director Megan Hankowich stem from a high-profile manslaughter case involving the 2023 death of eight-year-old Nina Napope. The complainants allege that police officials crossed a critical legal boundary by threatening to manipulate public opinion to force a harsher sentencing outcome.
The Criminal Trial Lawyers’ Association (CTLA) has formally requested that Alberta Justice Minister Mickey Amery direct the Police Review Commission (PRC) to determine if there is sufficient evidence to pursue criminal charges. In a letter made public Tuesday, the association indicated that the behavior of the EPS officials may constitute extortion, intimidation of a justice system participant, and obstruction of justice.
“Police made criminal threats against the Crown that they have to do something, set aside a plea bargain — or else,” said Tom Engel, an Edmonton lawyer and chair of the CTLA policing committee. “When the police cross the line like they did here, it undermines the administration of the criminal justice system in Canada — and that has to be jealously guarded.”
The Conflict Over the ‘Legal Firewall’
At the center of the dispute is the “firewall” that separates police investigators from Crown prosecutors. In the Canadian legal system, police are responsible for investigating crimes and recommending charges, but the Crown holds the sole authority to decide how a case is prosecuted and whether to accept a plea bargain based on the public interest and available evidence.
The controversy erupted last fall when Chief Driechel and Director Hankowich took the unusual step of publicly intervening in the sentencing of Ashley Rattlesnake. After learning that prosecutors were considering an eight-year manslaughter sentence—a significant reduction from the original first-degree murder charges—police warned that such a deal would be a “miscarriage of justice.”
According to the complaints, the Edmonton Police Service warned that if the Crown did not change its course, the police would release specific case details to the public, effectively attempting to pressure the prosecution through the “court of public opinion.”
The tension drew the attention of Alberta Premier Danielle Smith, who at the time expressed support for the police’s concerns, suggesting that the public deserves a clearer understanding of why Crown prosecutors reach certain decisions.
Judicial Rebuke and Sentencing
While the police sought a heavier penalty, the legal outcome remained focused on the evidence. In February, Justice Jody Fraser sentenced Ashley Rattlesnake to eight years in prison for manslaughter. The sentence fell between the Crown’s request for nine years and the defence’s request for seven.
In a scathing assessment of the police intervention, Justice Fraser described the comments made by EPS leadership as “reprehensible.” The judge suggested that the “veiled threat” issued by police may have actually obstructed justice, and he cited the police behavior as a “somewhat” mitigating factor in the final sentencing decision.
The case itself involved the harrowing death of Nina Napope, who was living with Rattlesnake in west Edmonton at the request of her incarcerated father. Court proceedings revealed that Rattlesnake was using methamphetamine and drinking alcohol on the night Napope died of blunt impact trauma. The child’s body was later discovered in a hockey bag in the back of a truck on the Samson Cree Nation in Maskwacis.
Calls for Accountability
The legal community argues that the integrity of the system relies on police accepting the independent decisions of prosecutors, even when those decisions are emotionally unsatisfying.
Neil LeMay, a former RCMP homicide detective and security professional, filed a separate complaint with the Edmonton Police Commission and the Justice Minister. LeMay emphasized that while the public desires justice for victims, the process must remain lawful and independent to maintain confidence.
“Police investigations are not a perfect science. Mistakes are made. Witnesses change their stories. Under cross-examination, evidence that once looked powerful can be weakened to the point that it carries little or no weight at all. All too often, murder cases move off the rails and no one is ever convicted,” LeMay said.
LeMay cautioned that jeopardizing a lawful conviction in pursuit of a more emotionally satisfying result is a dangerous precedent. “Justice must be done carefully, properly, and in a way that can be seen to be fair,” he added.
Current Status of the Investigation
The path to a potential probe now lies with the Police Review Commission (PRC), a civilian-led body created by the province to provide independent oversight of police conduct. The PRC also oversees the Alberta Serious Incident Response Team (ASIRT).
| Entity | Action/Status | Role in Process |
|---|---|---|
| CTLA / Neil LeMay | Filed Complaints | Requesting criminal probe into EPS leadership |
| Alberta Justice | Reviewing | Minister Amery determines if matter is referred to PRC |
| Police Review Commission | Aware | No active investigation as of Tuesday afternoon |
| Edmonton Police Service | Declined Comment | Subject of the criminal allegations |
The PRC confirmed it is aware of the matter but stated there is currently no active investigation. Under the Police Act, a formal investigation can be triggered by a public submission, an initiation by the PRC CEO or the police chief, or a referral from the Minister of Public Safety and Emergency Services if deemed in the public interest.
Disclaimer: This article discusses ongoing legal disputes and allegations. All individuals are presumed innocent until proven guilty in a court of law.
The next critical step will be the decision by Justice Minister Mickey Amery on whether to formally refer the allegations to the Police Review Commission for a full criminal examination.
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