February 10th, 2025

Police Act hearing begins for officer cleared of sexual assault

By Medicine Hat News on September 21, 2022.

A Police Act hearing will take place in November for Const. Chance Franklin regarding a sexual assault charge from October 2020 which he was acquitted of due to what the judge called reasonable doubt.--NEWS FILE PHOTO

Medicine Hat Police Service officials and legal representatives convened Tuesday for the first Police Act hearing regarding suspended Const. Chance Franklin.

Franklin – a 12-year veteran of MHPS – was charged in October 2020 following accusations he sexually assaulted a waitress while off-duty. Franklin has long maintained the incident a practical joke gone wrong, claiming he was attempting to slip a discarded joint he found in the establishment’s parking lot into the waitress’s front pocket so she would smell of marijuana.

Franklin was found not-guilty earlier this year after Lethbridge judge Sylvia Oishi stated video evidence could not provide a conclusive depiction of Franklin’s intention, leaving Oishi with reasonable doubt.

While Franklin was cleared in provincial court, he has been suspended without pay from the MHPS since the incident. He must now participate in the Police Act disciplinary hearing if he wishes to be reinstated.

Franklin was not present for Tuesday’s virtual hearing; instead represented by his legal counsel, criminal defence lawyer Alain Hepner of Calgary. Opposite Hepner was Calgary Labour and Employment Group privacy officer Kelly Nicholson, presenting on behalf of MHPS.

Lasting less than 15 minutes, the hearing opened with a not-guilty plea presented by Hepner on behalf of Franklin. Much of the rest of the hearing was spent scheduling subsequent hearing dates, during which evidence will be presented and witnesses called.

Hearing dates are set for Nov. 15, 16, 21 and 22. And will continue into January 2023, with the final date expected to be Jan. 30, 2023. All hearings are expected to be held in Medicine Hat.

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