Law360 Canada ( June 26, 2026, 12:58 PM EDT) -- Appeal by the Chief of the Edmonton Police Service (“Chief of Police”) to set aside an application judge’s order; Motion by McKee to file further evidence. McKee sought disclosure of the disciplinary records of any officer involved in the prosecution against him. A 2015 Decision of Hearing (“Decision”) contained a finding of misconduct against the lead investigating detective. The Edmonton Police Service (“EPS”) advised the Crown that there was no disciplinary record because the entry had been removed from the detective's record under s 22 of the Police Service Regulation (“PSR”). The EPS had previously provided the Decision to the Crown in an unrelated prosecution. McKee's counsel later learned, by happenstance, that the Crown possessed the disciplinary records for the Decision and requested disclosure. The Crown retrieved the Decision, reviewed it, and concluded that the misconduct was serious, had a realistic bearing on the detective's credibility, and had to be disclosed on any matter in which the detective had more than peripheral involvement. The EPS opposed disclosure of the expunged records, arguing that they were not subject to first party disclosure. The application judge held that PSR s 22 did not govern disclosure in criminal proceedings and ordered disclosure. The Chief of Police sought to set aside the order and clarify disclosure obligations. McKee submitted that the evidence provided valuable context....