Charges stayed against Manitoba First Nations Police Service officer accused of harassment, uttering threats

A Manitoba First Nations Police Service constable accused of uttering threats against a lawyer has had those charges stayed in exchange for a peace bond barring him from contacting the complainant for a year.

Const. Kelvin (Dale) McKay was charged last year with one count of uttering threats and two counts of criminal harassment, stemming from incidents from October 2019 to November 2022.

The criminal harassment charges which were laid under sections of the Criminal Code that involve repeatedly communicating with a person and engaging in threatening conduct directed at them or their family were stayed in November, per a request from Aaron Braun, the independent counsel appointed by the Crown attorney's office, court records show.

The uttering threats charge was stayed in a Winnipeg courtroom in March, when McKay entered into a common law peace bond for one year with conditions that include not communicating directly or indirectly with the complainant or going to his home or office, court heard.

McKay was also barred for the first three months of the peace bond from possessing firearms, except in the course of lawful employment or for the purposes of traditional harvesting.

The peace bond included a $500 recognizance, which the court can seek to collect if the accused breaches any of his conditions.

In an email, independent prosecutor Braun said after assessing the file, he "chose to take a restorative justice approach and to ensure that part of that approach included protective conditions for the complainant going forward."

Braun would not say where in Manitoba the incidents are alleged to have happened. The Manitoba First Nations Police Service has detachments on several First Nations in the province.

The charges against McKay were recommended following an investigation by the Independent Investigation Unit of Manitoba, which looks into all serious incidents involving on- or off-duty officers in the province. The police watchdog previously said McKay was on duty at the time of the incidents, and that one of his court appearances was scheduled to happen in the southwestern Manitoba town of Virden.

McKay's case was prosecuted by outside counsel because the complainant in the case was a defence lawyer, and a Crown attorney was a potential witness, which a provincial spokesperson said "contributed to the overall determination that the matter should be sent out."

Manitoba's policy on when to appoint independent counsel to prosecute a criminal matter says consideration must be given to having a case prosecuted by an outside lawyer if the person charged is directly connected to the justice system a list that includes judges, certain lawyers and police officers.

The document says it may also be appropriate to apply the policy when a person tied to the justice system is the victim of a crime or will be called as a material witness in a case.

The policy is meant to ensure public confidence in the justice process in cases where a reasonable person would perceive an accused may get differential treatment because of the relationship with Manitoba Justice.