Police directed to formalize media accreditation policy after lengthy dispute
Edmonton Police Service will clarify how it grants and revokes press credentials following a four-year legal battle with The Progress Report publisher.
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The Edmonton Police Service has been directed to formalize its media accreditation policy and clarify the process for revoking press credentials, following a four-year legal battle with left-wing news outlet The Progress Report.
The Edmonton Police Commission released an appeal decision on June 18 finding that EPS should formalize its media guidelines into a numbered policy or procedure. Police revoked publisher Duncan Kinney's access to media conferences, the media relations unit, and EPS news emails in early 2022, with Kinney claiming then-Chief Dale McFee acted "arbitrarily" to "muzzle a media outlet that was critical of the Edmonton Police Service."
The police commission did not address that allegation directly but found significant shortcomings in EPS's policies for granting and revoking credentials. "The commission wishes to close the gap on the ambiguity of this document," commission chair Ben Henderson wrote. "The commission directs the chief to formalize the EPS media guidelines into a numbered EPS policy or procedure."
Police were also told to clarify who within the organization makes decisions about revoking credentials and how subsequent appeals are handled. According to the commission decision, then-EPS media relations director Patricia Misutka told Kinney the revocation was "because of disrespectful conduct at media events and in interactions with police employees," along with reporting that "failed to meet the truth and accuracy standard of professional and ethical journalism."
Kinney appealed, alleging the media guidelines cited in revoking his accreditation were "hastily created" only after The Progress Report was initially granted privileges, with no clear indication of who authored the document or when it was approved. He also alleged EPS conducted a "truncated" investigation and failed to consider whether the policy infringed his right to free expression.
Tom Engel, Kinney's lawyer, said the outcome vindicated the lengthy legal fight. "We eventually forced them to come up with a policy, and then the commission went one step further — a few steps further — which is good."
Kinney has undergone a "permanent career change" following the accreditation dispute, according to court documents. His trial on three mischief charges related to 2021 vandalism of Ukrainian military monuments is scheduled to begin in October.