On April 30th, the Edmonton Police Service’s LGBTQ Community Liaison Committee released an open letter to the community regarding an attack that occurred early last month.

There has been much community concern and media coverage regarding the alleged assault on Shannon Barry, which occurred in the early morning of Saturday, April 17th. This alleged assault has been described as an attack against the LGBTQ community because its victim is a lesbian and because the perpetrator allegedly used homophobic language during the altercation. Other concerns have been expressed about the investigating police officer’s 4-day delay in filing the incident report. As a result of the concerns expressed by the victim herself, the LGBTQ community, and Edmontonians in general, the LGBTQ Liaison Committee has engaged in a case consultation with the EPS Chief of Police, Mike Boyd, members of the Hate Crimes Unit, and senior police officers. Upon review, a number of actions have been taken or are planned in regard to this case, including an:

• internal review regarding the processes of the investigation,
• investigation by the Edmonton Police Service’s Hate Crimes Unit, and
• independent review of the matter by the Alberta Crown Prosecutor’s Office.

The investigation into the incident continues. Edmonton Police Services has told the LGBTQ Liaison Committee that based on its initial review, the alleged assault appears not to be motivated by hate, but was an altercation which involved an exchange of slurs, some of which included homophobic language. According to the Edmonton Police Service, the alleged assault does not meet the legal threshold for being considered a hate crime. Whether or not this alleged assault constitutes a hate crime will ultimately be determined by the independent review of the Crown Prosecutor’s Office. How this alleged assault is defined does not, however, mitigate its serious nature and we deplore its impact upon the individual, the LGBTQ community, and Edmontonians. We acknowledge that the Police Chief has publicly apologized for the breach in reporting policy by the attending Constable. We also acknowledge the timely arrest of the alleged perpetrator, the investigation by the Hate Crimes Unit, and statements from the Chief of Police, which demonstrate the gravity in which the EPS has taken our community’s concerns. The LGBTQ Liaison Community Committee will continue to monitor this investigation and Edmonton Police Service’s action relative to this case and we will continue to respond publicly to this issue as the investigation continues and more information emerges.

This was in response to a crime committed on Saturday, April 1st, when Shannon Barry of Edmonton was kicked in the face by a 14 year-old boy causing a broken jaw, crushed left eye socket and facial nerve damage, while walking along 96th Street near 75th Avenue in Edmonton with five of her friends. According to Barry, accompanying this physical assault were “sexual epithets” in the tune of “dyke and faggot.” The constable investigating the incident did not finish and file his report before his shift ended and he went for days off.

Over the next week, there was a public outcry for an explanation. First of all, was this boy going to be charged with a hate crime, and secondly, why was this attack not followed through?

According to the Edmonton Journal, “police confirmed they began investigating the incident only after a CBC News report came out Wednesday. It detailed how the officer who responded to the women’s 911 call had not followed the standard police practice of calling in a dog team or helicopter to search for the attackers, who had fled after the assault.”

Barry criticized the Edmonton Police Service for its lack of follow up. “I’m overwhelmed by everything. I’m happy that somebody is going to be held responsible for what happened and, as far as his age goes, I’m just really sad.” She claims to have had little contact with the investigators until the following Thursday and does not understand why there was such a communication breakdown or follow up to the assault.

The next Saturday a press conference was held by Chief Mike Boyd confirming the mistake made by police. “This was a breach of policy which led to the victim being told on Tuesday that there was no record of the incident,” he said.

“First, I want to offer my apology to the victim and I also want to offer my apology on behalf of the Edmonton Police Service to our wider minority communities here in the city of Edmonton for the response that the victim got on Tuesday when she phoned the Edmonton Police Service, and this apology includes for the original officer not filing that report.

“If information was in the file, as is proper procedure, she would have been told that the member fully intended to investigate this crime and pursue leads based on the suspect description. The error in judgment made by the responding officer was a mistake and he is genuinely remorseful for that mistake.”

After police learned of the error Tuesday, the hate crimes unit on Wednesday started investigating, Boyd noted.  The officer is expected to face internal discipline for failing to properly file his report, Boyd said.  “There was a breach of policy in this case and, as a result of that, I will need to take the appropriate action with the officer involved here.”

According to Kris Wells, Co-chair of the police liaison committee for the GLBTA community of Edmonton, the relationship between the committee and the EPS is strong, and they will be kept well informed of all that is happening with the case.

“If this person can be assaulted because of their identity, then any one of us from the lesbian and gay community is vulnerable to being victimized,” says Wells.

According to the EPS, a Hate Crime can be defined as “an offence committed against a person or property, which is motivated, in whole or in part, by the suspect’s hate, bias or prejudice towards an identifiable group based on, real or perceived, race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor.”  If Barry’s attack wasn’t considered a hate crime than how is one determined? Although the conviction is still being considered by the Crown Prosecutor’s Office, the EPS does not believe that the incident falls under their definition of a hate crime.

What we can be certain of, however, is that this attack has been felt across the province and beyond. Currently, the Shannon Barry (hate crime) Facebook page has over 1400 members from across the world. There are posts of sympathy for Shannon, anger at the EPS, petitions in favour of penalizing the officer in question and stories of similar attacks.