Police chief defends firing of officer

Member had faced five public complaints that led to three criminal assault charges

Regina police Chief Evan Bray says his decision to fire Colin Magee last year was not based on the then-corporal's competency but rather upon his suitability to be a police officer.

“I feel resolved that I made the right decision, but I will not tell you it was easy. It was tough,” said Bray while testifying Monday during the first day of a disciplinary hearing for Magee.

Fired by the chief in August of 2020, Magee is appealing that decision to the Saskatchewan Police Commission. It's being heard by an independent hearing officer, Regina lawyer Ronni Nordal.

In the years leading up to his dismissal, Magee had faced five public complaints which resulted in three separate criminal assault charges. One resulted in a guilty plea.

The incidents that led to those charges were discussed at length during the hearing. Bray noted a similar pattern emerged in which Magee reacted forcefully whenever his authority was being challenged, rather than trying to de-escalate situations.

In 2017, Magee faced an assault charge in connection with an incident in 2016. While questioning a man, Magee pulled him to the ground and placed him in handcuffs after he continually did not turn over his driver's licence. A use of force committee later found Magee's actions to be appropriate, but Bray felt the man was detained for longer than necessary. Bray also took issue with how Magee lectured the man about who was in charge.

The criminal case was later sent to alternative measures, which Magee successfully completed. Bray said the complainant did not participate in the process.

The other two of those cases involved incidents that happened in the RPS detention centre mere days apart in September of 2018. Surveillance video of the incidents was played during the hearing.

In one case, Magee pleaded guilty to assaulting a 13-year-old boy and received a conditional discharge. Another assault charge involved a 42-year-old man and also took place in the detention centre. Magee was acquitted after a trial.

In that incident, a video shows Magee tackling the complainant to the ground after the man refuses to drop a pen.

Bray expressed concern with how Magee spoke to the man. However, under cross-examination by Magee's lawyer, Aaron Fox, Bray said he did feel Magee's use of force was justified.

During the video involving the 13-year-old boy, Magee grabs the boy by the arm and forces him to the ground when he does not divulge the identity of a substance in a bag. Magee also swears at the youth.

“That situation bothered me. There's no question about it,” said Bray.

At the end of July 2020, Bray had a meeting with Magee. At that point, Bray said, he had not yet decided what discipline Magee would face, but both knew dismissal was possible.

Bray said he wanted to hear some kind of acceptance of responsibility on Magee's part for the recent events, but said he didn't get a sense of that and still felt like there was a risk present.

Bray said there was not just one issue that led him to fire Magee, but that it was the “totality” of everything that transpired.

He said Magee had shown competence over the course of his 18year career, but the chief was concerned about the discretion Magee was using and the decisions he was making.

Fox noted that prior to 2016, Magee had never had any issues brought forth. Fox also noted that Magee never faced any actual disciplinary measures for his conduct, but rather advice to future actions.

Fox also referred to performance evaluations that Magee had undergone during 2018 when he was working in the detention centre. All gave him exemplary reviews. Fox asked Bray if he had reviewed those reports. Bray said he had, but not in depth.

Fox then brought up personal challenges Magee was facing at the time.

The officer's wife had been diagnosed with a terminal illness, and his father-in-law had died from cancer.

Fox noted that Magee was still being psychologically affected by two incidents that happened in 2015.

One was a suicide Magee had attended where he attempted to revive a man, and the other was a fatal crash involving a female youth.

The hearing is scheduled to continue Tuesday morning.