A retired Edmonton police officer and a traffic ticket agent were arrested and charged on Jan. 31, in relation to 19 separate incidents where arrest reports and documents related to the execution of warrants were allegedly falsified.
Collin Smart, with over three decades with the Edmonton Police Service prior to his retirement, and Nadia Kelm, were charged following an investigation by the Alberta Serious Incident Response Team (ASIRT).
ASIRT first received allegations an EPS officer was obstructing justice by falsifying documents in April, 2022, according to a news release.
EPS had reported the matter to Alberta’s director of law enforcement.
The investigation revealed evidence linking the involvement of Kelm, a civilian, to the officer’s actions.
After being advised by the Crown prosecutor’s office that there was enough evidence to prosecute both suspects, ASIRT executive director Michael Ewenson decided to charge both Smart and Kelm.
Smart and Kelm’s first court appearance is set for March 5.
History of misconduct
Smart has a previous history of police disciplinary misconduct.
According to a copy of a police disciplinary hearing decision from Jan. 27, 2016 obtained by Black Press Media, Smart was charged with conducting unauthorized searches using the Canadian Police Information Centre between July 27, 2013 and June 21, 2014.
Smart, then a constable with about 25 years’ service with the EPS, pleaded guilty to three counts of misconduct for unauthorized searches for personal reasons using his partner’s login information.
Two other counts were withdrawn.
The searches, over several months, related to a friend and the friend’s brother.
The decision states the friend was determined to be the director of the Ladies Auxiliary for the hockey team his son had played for in the past. Smart was reportedly attempting to locate the director regarding scholarships earned by his son through the athletic club.
The agent for the constable noted the information was accessed for personal interest only and not for private profit or nefarious purposes.
The presiding officer issued Smart with a suspension without pay for a period of 50 hours, (the financial equivalent of about $2,450).
Not a lawyer
A court document dated Jan. 23, 2015, states Nadia Kelm represented a client charged with impaired driving on three occasions before a Justice of the Peace at a Case Management Office while not authorized to do so.
The client alleged Kelm represented herself as a lawyer that could help him with his case.
According to the court document, which is publicly available, Kelm allegedly took payments from the client but never supplied receipts.
The document states Kelm was “well known to the court in Edmonton as an agent who appears from time to time for accused persons to deal with some traffic offences and some summary conviction offences.”
It further states, “A significant portion of her business results from her appearances on impaired driving offences.”
The decision by the judge noted that Kelm was not a lawyer, nor a member of the Law Society of Alberta, however, agents are able to appear in court on summary conviction matters where the potential penalty is under six months’ incarceration.
The charges against the client had a potential maximum sentence of 18 months, and the judge concluded Kelm was not authorized to appear for the client on the matter.
As a result of the question over jurisdiction of Kelm to enter pleas or set a trial date, the charges against the accused were withdrawn by the court.