CPS officer fired over high-speed chase given 3rd chance to fight for job

A Calgary police officer who was fired for discreditable and corrupt conduct has been given another chance to fight for his job.

The Alberta Court of Appeal will hear arguments in AnthonyBraile'scourt battle for the reinstatementof his job as a sergeant with the Calgary Police Service.

• Sgt. AnthonyBrailefired by Calgary police for high-speed chase

Braileonly the second officer in 20 years to be fired from the CPS was fired in February2016 following a disciplinary hearing where headmitted to nine counts of professional misconduct and was found to have committedseveral Police Service Regulation offences.

In June, Braile was charged withcriminal harassment, breach of trust andbribery stemming from an unrelated CPSinvestigation.

The chase

In December2008, about six months after returning to work from a mental health leave,Brailewas working in District 2 when hepulled over a suspected drunk driver.

"Braileengaged in a lengthy and dangerous high-speed chase, contrary to CPS policy, that ultimately ended in a crash that injured a civilian and threatened the safety of numerous others," reads the appeal decision.

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Hewas also found to have lied to the CPS dispatcher during the chase and to his superior officer afterwards.

At the time, the chief laid 10 charges againstBraileand though he admitted to most of the wrongdoing, the officer's defence was that he was suffering from mental health issues at the time of the chase and should be allowed to keep his job.

'Mental disorder'

Braileargued he should not have been sent back to active street duty so soon after returning from mental health leave without being cleared by his psychologist.

Though he was found to be suffering a "mental disorder," the presiding officer decidedBraile'sdismissal was an appropriate penalty for his misconduct.

• Ex-police officer fired over high-speed chase fights dismissal in court

Last year,Braile'slawyer JimShymkasaid his client had been on leave for severe depression, was under the care of CPS psychologists and hadbeenhospitalizedprior to the chase incident.

WhenBrailereturned to duty a few months later, he was supposed to have been assigned to administrative work, Shymka said.

Court of Appeal

The Law Enforcement Review Board ultimately dismissed the appeal butBrailesought to have the Alberta Court of Appeal hear his case.

The court will allow arguments thatthe board erred in upholding Braile's dismissal, specifically in placing the burden on Braileto prove his innocence instead of CPS proving his guilt.

No date has been set for theAlberta Court of Appeal hearing.

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