Edmonton police assisted a landlord with an eviction in 2022, despite the tenant having received a court-sanctioned delay the previous day, the Law Enforcement Review Board (LERB) heard on July 18.
Ryan Hampton is appealing the acting Edmonton Police Service (EPS) chief’s decision to clear the officers who removed him from his apartment on Sept. 24, 2022, arguing that the cops inappropriately involved themselves in a civil matter, in contradiction of EPS policy.
EPS chief Dale McFee, pictured, cleared officers who enforced an unlawful eviction on a tenant in 2022. Image from the Government of Alberta Newsroom
“The members had no business in my apartment,” he told the hearing.
Two EPS lawyers argued that the cops weren’t in his apartment to evict him, but to protect the bailiff whom Hampton threatened to “kick the shit out of” if she evicted him that day. However, one of them appeared to contradict himself when, in response to a board member’s question, he identified the officers’ “paramount consideration” as ensuring Hampton was “removed safely from the premises.”
The landlord was attempting to enforce an eviction notice Hampton received on Sept. 8, 2022. Hampton challenged the eviction in court and received a delay on Sept. 23—the day before he says EPS officers kicked down his door and removed him from his apartment—at a hearing his landlord didn’t show up to.
Hampton said this means the landlord should have at the very least been aware of the possibility that his eviction order would no longer be valid.
EPS lawyer Michelle Wolowidnyk said Hampton didn’t provide documentation of the latest court order until three days after he was removed from the apartment. All he presented at the apartment was his court application.
“I don’t understand why the appellant didn’t have a copy of the order,” said Wolowidnyk.
But according to Hampton, he was attempting to get the updated court order from the top of his fridge when the officers decided to take him by the arm and wrist walk him out of the apartment.
Wolowidnyk said earlier that the cops were “just standing by” to ensure the bailiff’s safety, but that Hampton was refusing to leave his apartment.
The police physically intervened only when Hampton attempted to reach for the top of his fridge, which Wolowidnyk said “is not necessarily a smart thing to do” when dealing with police.
“The force used was limited to physical control and manipulation,” said Wolowidnyk.
As far as the bailiff was aware, she was enforcing a valid eviction order. It was she, and not the landlord, who called police to the apartment because Hampton had threatened her.
One of the officers did a criminal record check on Hampton and found he had a history of violence involving weapons, Wolowidnyk said.
Not true, says Hampton. He’s only ever been convicted of assault, a conviction which occurred after the incident in question.
Wolowidnyk clarified that the officer was referring to having seen charges of assault with a weapon, not criminal convictions.
John Benkendorf, EPS Chief Dale McFee’s lawyer, said police acted appropriately within the framework of “reasonable and probable grounds” that a crime might occur, despite the fact that they were acting in violation of a court order to postpone Hampton’s eviction.
“It’s a suspicion,” Benkendorf explained. “They may well be wrong.”
Given Hampton’s threat against the bailiff, the cops would have been “neglecting their duty” if they allowed her to enter the apartment unaccompanied, Benkendorf argued.
No criminal charges were laid against Hampton in relation to this incident.
LERB member Victoria Foster asked Benkendorf if the police made any other attempts to deal with the threat Hampton uttered against the bailiff.
Benkendorf said the threat was a “significant factor,” but not the primary reason the police were present.
“The goal here is to ensure Mr. Hampton is removed safely from the premises,” he said. “That seems to be the paramount consideration of the members here.”
The board will have a decision on Hampton’s appeal within two months.