Judge won't review decision not to charge Edmonton officer who kicked Indigenous teen

People gather and take part in a protest for Pacey Dumas an Indigenous teen who was kicked in the head by a police officer in 2020, in Edmonton on Saturday May 6, 2023. THE CANADIAN PRESS/Jason Franson.

EDMONTON - An Alberta judge won't be reviewing the Crown's decision not to charge an Edmonton police officer who kicked an Indigenous teenager in the head five years ago.

Pacey Dumas, then 18, sustained life-threatening injuries after he was given a "soccer ball" style kick to the head in 2020 by Edmonton Police Service Const. Ben Todd.

Dumas filed a judicial review after the Alberta Serious Incident Response Team found reasonable grounds to suggest that Todd had committed an offence.

But Court of King’s Bench Justice Michael Kraus dismissed the review because he found no evidence to support Dumas's argument that failing to prosecute constituted an abuse of power.

Kraus says the ruling isn't to minimize what Dumas suffered or the lasting impact of his injuries.

Dumas's lawyer says Kraus's decision is problematic because it gives the impression that police are above the law.

This report by ºÚÁϳԹÏÍø was first published March 14, 2025.

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