Calgary officer who assaulted Black woman could see case tossed because of delay

More than two years after he was charged, and six months after he was found guilty of a violent assault ona young Black woman, a Calgary police officer has still not been sentenced and there are concerns the delay could result in the conviction being tossed.

In December, Const. Alex Dunn was convictedof assault causing bodily harm for the 2017 violent takedown of Dalia Kafi, who was thrown on the ground head first while handcuffed.

Although there was no evidence Dunn's assault on Kafi, who was 26at the time,was motivated by racism, both the Crown and judge have noted that given the current climate, an officer'sattack ona Black woman is harmful to the community.

Dunn was charged in May 2019, and convicted by provincialcourt Judge Michelle Christopher following a trial in December2020.

'A sense of urgency'

A sentencing hearing took place in February with defence lawyer CoryWilson proposing no jail time for his client, with a combination of house arrest, curfew and probation. Prosecutor Ryan Pollard asked for a nine-month jail term.

• 'I'm somebody's daughter': Victim reacts after Calgary officer who threw her down convicted of assault

In a 2016 ruling regarding defendant Barrett Richard Jordan's 49-month journey through the legal system, the Supreme Court of Canada set an 18-month deadline for provincial court trials from date of charge to date of sentence. Cases that take longer than that are at risk of being stayed for breaching an accused's Charter-protected right to a timely trial.

Dunn was charged 25 months ago and has yet to be sentenced.

"We have a sense of urgency with respect to this matter," said prosecutor Ryan Pollard. "I fear we're really treading in Jordan territory, Mr. Dunn was found guilty many months ago."

• Officer who assaulted Black woman was 'frustrated,' says lawyer in asking for house arrest

Christopher did not want to sentence Dunn until a mental health assessment was completed but there were issues with getting the report done because the psychiatrists involved wanted trial transcripts that hadn't yet been provided.

To speed matters along, Pollard abandoned his application for a weapons ban,to negate the judge's call for the assessment.

Christopher will now deliver her sentence in two weeks.

Calgary police officer on trial for assaulting handcuffed woman he threw to the ground

4 years ago

Duration 1:03

In this court evidence from Dec.13, 2017, Dalia Kafi was arrested by Const. Dunn for breaching her curfew. At the arrest processing unit, Kafi says she backed away from Dunn when he attempted to remove her headscarf. Dunn can then be seen throwing the handcuffed woman to the ground face first.

On Dec. 13, 2017, after Kafi and her friends were pulled over by police during a traffic stop, shewas taken into custody by Dunn for breaching a court-imposed curfew.

At the arrest processing unit, Dunn ordered Kafi to stand against a wall to have her photo taken and as he reached to removeher hair scarf for the photo, she ducked away from him.

Dunn then flung Kafi onto the concrete floor, with her hands still cuffed behind her back.

Kafi's head can be seen bouncing off the ground with a pool of blood quickly forming.

The trial took place last October, and after the video was released, it went viral viewed more than 13 milliontimes around the world.

This story is part of a CBC project entitled Being Black in Canada, which highlights the stories and experiences of Black Canadians, from anti-Black racism to success stories Black communities can be proud of. You can read more storieshere.