Neglect of duty found by Prince Albert police officers in young child’s death

By Nigel Maxwell

Nearly 14 months after the death of a young child in Prince Albert, the Saskatchewan Public Complaints Commission has released its findings and found neglect of duty by officers of the Prince Albert Police Service.

In the early-morning hours of Feb. 10, 2022, Prince Albert police responded to a home on 23rd Street West for a complaint of a family dispute.

However, just before 11 a.m. that same day, police went back to the home after a report of a child’s murder. Once police arrived, they found 13-month-old Tanner Brass dead and arrested the father.

The commission received a request from the Prince Albert Police Service to open the investigation on Feb. 11, 2022, following concerns raised about the service’s response to incidents surrounding Tanner’s death. The commission undertook an investigation into this matter under its jurisdiction through The Police Act, 1990.

“The Public Complaints Commission extends its condolences to Tanner Brass’s family for the loss of their child. We appreciate the co-operation of the family of Tanner Brass and the Prince Albert Police Service throughout our investigation into this tragic death,” Public Complaints Commission chair Michelle Ouellette said.

“The Public Complaints Commission found neglect of duty by officers of the Prince Albert Police Service in its investigation and has submitted its findings to the Chief to impose appropriate discipline.”

The response by police to the West Hill home sparked criticism from the Federation of Sovereign Indigenous Nations (FSIN). “Blatant discrimination” and “systemic racism” were the words used by leaders at a press conference.

Chief Bobby Cameron demanded change in the justice system and the local police force, explaining how the child’s mother pleaded with officers on multiple occasions at the home, in the police car, and in the prison cell to watch over her baby.

But supported by video and audio recordings, the report’s findings paint a different picture.

Report findings

According to the report:

• The young child was, at all relevant times, vulnerable and in danger while left inside the residence with the father.
• The status of the child was unknown until 10:40 a.m., when the police received a call from the father about a deceased infant.
• Upon arresting the mother, both officers indicated in their reports that she did not mention any concerns about the child’s safety at the scene; this is supported by an audio recording. However, it is unclear if either officer asked for specifics, given they were responding to a call of a family dispute.
• When police initially arrived at the scene, the mother indicated she had no place to go and no immediate ride. Officers told her since there were no available places to take her, as the shelter was full, the only option would be to spend a few hours at the PAPS detention centre, but that it was up to her if she wished to do so.
• The mother advised police she wished to stay in cells for a few hours, if that was an option given that she was sober.
• It has been stated that, while lodged at the detention centre, the mother tried repeatedly to tell PAPS police officers that the child was in danger, but they ignored her or advised it was not their job to help her. A review of the detention centre and cellblock audio and video does not substantiate this version of events.
• The two officers should have entered the home to ensure the safety of the child, and the two officers were incorrect in their belief that they required a warrant to enter the residence.
• The totality of the circumstances demonstrates a series of compounded failures by the two officers when they had a legal duty to investigate the 911 call.
• No neglect of duty is identified regarding other Subject Officers.
• The Crown did not recommend a criminal charge against the subject officers as, at autopsy, the pathologist was unable to determine the child’s time of death during the 3:00 a.m. to 10:40 a.m. window.

The father, through his counsel, declined to be interviewed by the PCC or to provide evidence on this point.

“The PCC’s investigation has been completed, and we have concluded our file,” the report said. “In accordance with the Act, the matter is remitted to the Chief of PAPS for the imposition of any discipline that may be appropriate.”

Shortly after the death of the child, the two officers were suspended from active duty with pay.

We are awaiting a response from the PAPS.

The commission is a five-person, non-police body appointed by the government. It is responsible for ensuring that both the public and police receive a fair and thorough investigation of a complaint against the municipal police or an investigation of a possible criminal offence by a municipal police officer.

The father of the young child was charged with second-degree murder and is scheduled to be tried next February at Court of King’s Bench in Prince Albert.