Family of man fatally shot by CPS officer appeals decision not to discipline

Nearly a decade after Anthony Heffernan was fatally shot by a police officer inside a northeast Calgary hotel room, his family continues to fight for accountability.

"This goes on way, way too frequently, so there has to be accountability in order to change this," said Anthony's father, Pat Heffernan.

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On March 16, 2015, police were called to the hotel for a wellness check.

Anthony, 27, had relapsed.

He was doing drugs in the room and missed checkout.

Five officers found him holding a needleless syringe.

Seventy-two seconds later, four shots hit Anthony, three in the head and neck.

"Break the door in, killing this young man on a wellness check," Pat said.

"In 72 seconds, at arms length, our son was shot," said Anthony's mother, Irene.

The Law Enforcement Review Board agreed to a disciplinary hearing in 2020 but only addressing some of the family's concerns.

Heffernan's parents appealed to that provincial body.

That hearing can only include two officers, since the other three have either retired or resigned.

"They're not going to be held accountable for anything," Pat said.

"They walk away with a clean slate," Irene said.

The Alberta Serious Incident Response Team (ASIRT) recommended charges against the officer who fired the shots.

Crown prosecutors did not pursue criminal charges.

Doug King, a Mount Royal University justice studies professor, says ASIRT's standards for recommending a charge are different than the Crown's.

"ASIRT's standard is lower but I think they need to clarify that to the general public, that this is why it may not end up as a charge," King said.

The Heffernans and others have suggested changes to the provincial police act should give more power to victims.

"This is the harm outdated legislation can cause people," King said.

"Every elected government has said they're going to do it and every one has failed. It's UCP, NDP, Progressive Conservative."

The Heffernans want Anthony's story to make a difference for others.

"It often seems like they don't really want to know the truth or really look at making changes, so it's difficult and it's frustrating," Pat said.

A decision whether to expand the disciplinary hearing will be made in 60 days.

The hearing will be scheduled after that.

The case is also supposed to go to a provincial fatality inquiry, which has not yet been scheduled.

"The system is not going to provide them the justice they feel they deserve," King said.

He says since the standard for a civil lawsuit is lower than a criminal lawsuit, families do have the option of suing.