Slow Trot Policing? The Madu Investigation Drags On

The advent of June will mark another dubious milestone for the RCMP in Alberta.

It will be the three-year anniversary of its investigation of former United Conservative Party justice minister Kaycee Madu for obstruction of justice, despite being a “fairly straightforward case,” according to one former RCMP major crimes investigator.

In an emailed statement, the RCMP did not address why the investigation is taking so long, or when it might be completed. A spokesperson confirmed there had been consultation with a Crown prosecutor, “however this is not something we would provide updates on.”

“It is our hope to have this important investigation completed soon for all parties involved.”

In January, the RCMP confirmed the investigation was still live, but a spokesperson told The Tyee, “It would not be typical or appropriate for the RCMP to comment on an ongoing investigation or time frames.”

A previous drawn-out investigation

It took five years for the RCMP to complete its criminal investigation into voter fraud in the 2017 UCP leadership race that elected Jason Kenney. It dragged on through the 2023 provincial election, yielded no charges and revealed scant information about who might have done it, how they did it and why.

Taken together, the five-year “nothingburger,” as Kenney’s supporters referred to it, and now this three-year still-open Madu investigation don’t bode well for the completion of the NDP-dubbed CorruptCare scandal before the 2027 election.

The Globe and Mail first reported in March that the RCMP had launched an investigation into inflated surgical contracts and potentially improper procurement procedures related to the UCP’s governance of the health-care system. Amid a flurry of lawsuits, several other investigations are also now underway, including by an outside judge and the auditor general.

Kenney forced Madu to step down in January 2022 after CBC revealed the justice minister had called Edmonton police Chief Dale McFee immediately following a traffic stop in which he was cited for being on his cellphone in a school zone. (McFee retired from the Edmonton Police Service in February to take a job as Alberta’s top civil servant.)

Madu was removed as justice minister after an internal investigation by a retired judge found he had attempted to interfere with the administration of justice.

In July 2023, The Tyee first reported Madu had been cited by the Law Society of Alberta, which, after a hearing, sanctioned Madu in February of this year.

In August 2024, The Tyee revealed Madu had been the subject of an RCMP criminal investigation since June 2022, and that the complainant in the criminal case — a former Mountie turned anti-vaxer — had also filed the complaint that led to the law society sanction.

Madu claims he’s being persecuted

Madu now has a private legal practice in Edmonton. In an email seeking an interview, The Tyee asked if he would discuss why he thought the investigation was taking so long and what effect it was having on him professionally and personally.

“These are questions you should direct to those persecuting me,” Madu responded.

The former justice minister said he could not comment further because the criminal investigation is still active and he is appealing the law society panel’s decision and sanction.

Bruce Pitt-Payne is a former RCMP sergeant and major crimes investigator. An expert in investigative interviewing, Pitt-Payne worked on major cases across Canada as part of an elite interrogation unit.

“I have to be careful not to comment in detail on the investigation because I don't have it before me,” said Pitt-Payne, who gleaned his knowledge of the case from news stories.

“But I can say it is a long period of time for what does not appear to be a very complex investigation, considering that other agencies have already completed their investigations.”

An Edmonton Police Service traffic officer stopped Madu one morning while he was on his way to work at the legislature. The officer said he saw the justice minister on his cellphone while driving in a school zone.

Madu vehemently denied that but has said he heeded the advice of senior political staffers and paid the $300 fine rather than fight the charge in court.

Minutes after the traffic stop, Madu asked one of his staff to obtain the cell number of now-former Edmonton police chief Dale McFee. He called him.

In the eight-minute call, Madu, who is Black and an immigrant from Nigeria, said he wanted to ascertain from McFee whether he might have been profiled. Both Madu and McFee said Madu did not ask for the ticket to be quashed.

What’s taking so much time?

Pitt-Payne said it should be a simple investigation.

“Interview Chief McFee, interview the police officer that pulled over Mr. Madu, interview the staff person that allegedly made a call to find the chief's phone number, and interview the staff who allegedly had conversations with Madu about whether he was going to fight the traffic ticket or not, and then interview Madu.”

During an extraordinary press briefing in March 2024 to explain why the UCP leadership voter fraud investigation took five years, a senior RCMP officer conceded the case was sometimes parked because investigators had to pursue cases deemed more pressing.

In terms of prioritization, Pitt-Payne said the RCMP does not give special treatment to files involving politicians.

“The high profile of the person being investigated does not always lead to a faster investigation,” he said. Some cases can sit on a desk to be worked on when an investigator has time.

It also may be that the RCMP forwarded the case to the prosecutor months ago and now awaits a decision on charges. The Tyee has learned that the RCMP began interviewing key witnesses in July 2023.

Pitt-Payne said prosecutors are sometimes reluctant to lay a charge until the entire investigation is completed and may even send the case back to investigators for more work.

That can be because once a charge is laid, the clock starts to tick and prosecutors want to ensure the case doesn’t then drag on to the point that it triggers a “Jordan application.”

Named after a 2016 Supreme Court of Canada case, a Jordan application, filed by defence counsel, seeks to have a charge dismissed because of unreasonable delays. The Supreme Court established a framework of up to 18 months for trials in provincial courts and up to 30 months in higher courts. Judges, however, have some discretion in determining what is considered unreasonable.

“If a case just ends up gathering dust or pausing or stalling,” Pitt-Payne said, “I like to call it, ‘the will to finish the investigation’ could be lost. The urgency could be lost by the investigator.”

If you have any information for this story, or information for another story, please contact Charles Rusnell in confidence via email.