Grant N. Stapon Bennett Jones LLP Direct Line: 403.298.3204 4500 Bankers Hall East e-mail: stapong@bennettjones.ca 855 2nd Street SW Calgary Alberta Canada T2P 4K7 Assistant: Shelley Austin Direct Line: 403.298.3205 Tel 403.298.3100e-mail: austing@bennettjones.ca Fax 403.265.7219 Our File No.: 1465-682 Your File No.: 17048/SGJ www.bennettjones.caBENNETT JONES
July 19, 1001 VIA FACSIMILE
Mr. Stephen G. Jenuth HO MacNEIL JENUTH Barristers & Solicitors Sunlife Plaza II 680, 140 - 4th Avenue S.W. Calgary, AB T2P 3N3Dear Sir:
Re: Juan Melendez-Hernandez
Further to our ongoing involvement in this matter, we confirm that we are counsel for the Calgary Police Service.
As it appears that criminal charges in connection with this matter are likely to be withdrawn, the Office of the Chief of Police is not longer constrained in connection with your clients and his associates' communications on the matter. We have opined to the Chief of Police that substantial website and media advice which has occurred to-date, have been defamatory and is actionable. No steps have been taken in that regard, since the matter has been before the courts.
Now that the matter is seemingly only before the LERB, however, we would suggest that your client and his associates utilize appropriate caution and restraint in connection with their further communications with the public and media. We are pleased to receive your advice that the website in connection with this case has been withdrawn. If no further inappropriate activity or communications occur, it is unlikely that further steps will be taken to pursue the defamation issue, although the Calgary Police Service and the Office of the Chief do reserve all of their rights.
We would suggest that the best process to follow at this point in time is to simply have the matter appropriately aired in an official public forum before the LERB, where each side will have procedural and evidentiary safeguards to ensure that the facts of this case are fully aired and considered.
Kindly have your client and his associates govern themselves accordingly.
Yours truly,
BENNETT JONES LLP
(Signature)
Grant N. Stapon GNS/sa