SUPREME COURT
OF BRITISH COLUMBIA.
VANCOUVER REGISTRY
4 File No.
+ MAR 14 7016
Vancouver Registry
oe INTHE SUPREME COURT OF BRITISHCOLUMB)AY sits) 810
BETWEEN;
CHIEF CONSTABLE FRANK J. ELSNER:
PETITIONER
AND:
THE POLICE COMPLAINT COMMISSIONER AND BARBARA DESJARDINS AND LISA
HELPS IN THEIR CAPACITY AS INTERNAL DISCIPLINE AUTHORITY
RESPONDENTS
PETITION TO THE COURT
ON NOTICE To:
Office of the Police Complaint Commissioner
5 Floor, 947 Fort Street
PO Box 9895 Stn Prov Govt
Victoria, British Columbia
vaw 9T8
Internal Discipline Authority
850 Caledonia Ave
Victoria, British Columbia
veT 5u8
This proceeding is brought for the relief set out in Part 1 below, by the person named
a Petitioner in the style o! proceedings (above)
I you intend to respond te this petition, you or your lawyer must
vossonvorexse Dos, (a) fle response to petition in Form 67 in the above-named registry of this court within
the time for response to petition described below, and
{b} serve on the petitioner(s}
{9 2 copies of the filed response to petition, and
(i) 2 copies of each fled affidavit on which you intend to rely at the hearing,
Orders, including orders granting the relief claimed, may be made against you, without
any further notice to you, if you fil to fle the response to petition within the time for
response.
Time for response to petition
‘A response to petition must be fled and served on the petitionerts),
(a) if you were served with the petition anywhere in Canada, within 21 days after that
(b) if you were served with the petition anywhere in the United States of America,
within 35 days after that service,
(@)i you were served with the petition anywhere else, within 49 days after that
(d) ifthe time for response has been set by order of the court, within that time,
“The address of the registry is:
1800 Smithe Street
Vancouver, BC V6Z 261
1
@ ‘The ADDRESS FOR SEAVICE of the petitioneris) i:
{n he Low Couns
\Winteringham MacKay Law Corporation
‘The Landing
\620-375 Water Street
|Vancouver, BC VEB 5C8
Fax number address for service (if any) of the Petitioner:
| fea 2945 |The name and office address of the Petitioner's lawyer is
|Jenot Winteringham, O.C.
a) 'Winteringham MacKay Law Corporation
1520-375 Water Street
Vancouver, BC V6B SCE
CLAIM OF THE PETITIONER
ART 1: ORDERS SOUGHT
1, The Petitioner, Frank J. Elsner, seeks the following reliet
{a) An Order quashing the Order for External Investigation issued December
18, 2016 by the Police Complaint Commissioner in OPC File No. 2015-
11048 and DA File No. 2016 1281 (the "Order for External Investigation”)
(0) An Order quashing any judicial authorizations issued in connection with
the Order for External Investigation;
(2 Final end interim orders prohibiting Chief Superintendent Sean Bourrie
{rom taking any further steps in connection with the investigation; and
(0) Finat and interim orders requiring the Police Complaint Commissioner to
Femove from his website the Order for External Investigation and any
‘other materials in connection with the investigation,
\treecorwenzmiar coox4 PART 2: FACTUAL BASIS
1. Chief Elsneris the Crief Constable of the Victoria Police Department (*VicPO"y
2. He has held that position since December 15, 2013,
3. The Police Complaint Commissioner is an officer of the Legislative Assembly
@ppointed under s. 47 of the Police Act, RSBC 1996, c. 367 {the “Police Act”).
4. Mayor Barbara Desjardins and Mayor Lisa Helps are the co-chairs of the Victoria
‘end Esquimalt Police Board (the "Co-Chairs")
5. At all material times, they were the “discipline authority” for internal discipline
‘matters involving the chief constable of the VicPD.
6. On August 19, 2015, the Co-Chairs received information that Chief Elsner may
have been involved ir a relationship with Jane Doe.
7. Atal material times, Jane Doe was a member of another police department end
the spouse of John Doe, a member of the ViePD.
8, The Co-Chairs etso received information that Chief Elsner had exchanged twitter
messages with Jane Doe through a social media account.
8 On August 21, 2015, the Co-Chairs brought the information contained in
aragraphs 7-8 (above) to the attention of the Police Compleint Commissioner. The Internal investigation
10.
n.
12,
13,
On or about September 8, 2015, the Police Complaint Commissioner directed
‘that the matter be treated as an internal discipline matter.
‘The Co-Chairs subsequently advised Chief Elsner that the matter was being
treated as an intemal discipline matter and sought his consent to the
appointment of an independent investigator to conduct the internal investigation.
Chief Elsner was advised that there would be no investigation under Part 11,
Division 6 of the Police Act and that the matter would be kept confidential
On the basis of those assurances, he consented to the appointment of Patvicia
Galvan, Q.C. as en independent investigator.
Chief Elsner was never advised that the Police Complaint Commissioner had
imposed any preconditions with respect to the intemal investigation,
‘On or about September 14, 2015, with the consent of the Police Complaint
‘Commissioner, the Co-Chairs formally appointed Ms. Gallivan as an independent
investigator for the internal investigation. Her mandate wes to investigate:
(a) Whether Chief Elsner engaged in an inappropriste relationship with Jane
Doe; and
(0) Whether Chief Eisner improperly used the VicPD's social media account.
“onssoovnamneter 990K 16.
17,
18
19
20,
On November 16, 2016, Ms. Galivan produced @ preliminary report which
‘Sot out her findings with respect to the investigation (the "Preliminary Report”).
‘The Preliminary Report also addresses various other issues, including the
allegation that Chief Elsner spoke to two witnesses connected to the
investigation. Ms. Geliivan made the following findings in relation to that issue:
(2) Chief Elsner contacted those individuals for @ purpose unrelated to the:
investigation (namely, to have his twitter account shut down!;
(0) Chief Elsner spoke to them about the investigation;
(0) He did so because he wanted to apologize for putting them in a difficult
position; and
(8) His conduct did not affect the integrity of the investigation.
On December 4, 2018, the Co-Chairs issued a final decision in which they
accepted the findings and conclusions set out in the Preliminary Report end.
imposed disciplinary action on the basis of those findings (the "IDA Decision’).
‘The IDA Decision wes @ final determination of all issues raised in the intemal
investigation.
Chief Elsner did not appeal or otherwise apply for a review of that decision,
erssonvonizect ext The Extemal Investigation
2
22
23,
24,
2B.
26.
(On or about December 18, 2015, the Police Complaint Commissioner issued an
(Order for External Investigation pursuant to Part 11, Division 9 of the Police Act.
‘The Police Complaint Commissioner posted the Order for Internal Investigation
‘on his website and issued various press releases with respect to these matters.
The Order for External Investigation relates to the same or substantially the
same conduct as the Internal Investigation and involves the same or
substantially the same issues that were determined as part of that investigation
Chief Superintendent Bourrie has since taken various steps in connection with
that investigation including, without limitation, applying for and obtaining a
judicial authorization to search various electronic devices and telephone records.
Chief Supt. Bourrie has also delegated some or all of his authority under ss.
8311)(0U) of the Police Act to members of the Vancouver Police Department.
Chief Superintendent Bourrie's rank is not equivalent to or higher than Chief
Elsner's. More specifically, but without limiting the generality of the foregoing:
(a) Chief Superintendent Bourrie does not have authority or accountability for
the RCMP as a whole: and
{0} Chief Superintendent Bourrie reports to his superiors within the force as
‘opposed to any civilian authority PART: LEGAL BASIS
21,
28,
29,
30,
a
32,
‘The Police Complaint Commissioner has no jurisdiction and/or authority to order
‘an external investigation under Part 11, Division 3 of the Police Actin relation
‘0 conduct that has been the subject of an internal investigation under Division 6,
{mn adcition, or in the alternative, the Police Complaint Commissioner is estopped
‘rom ordering an investigation under Part 11, Division 3 with respect to issues
that have been determined in the intemal discipline process and Chief Elsner
pleads and relies on the doctrine of issue estoppel and abuse of process,
In adgition, or in the alternative, the Police Complaint Commissioner relied on
itrelevant and/or extreneous considerations in issuing the Order for External
Investigation including media reports with respect to the Chief Elsner’s conduct.
Chief Superintendent Bourtie's appointment as chief investigator is contrary to
88, 93(4)a)i) of the Police Act.
In the elteinative, Chief Superintendent Bourrie has improperly delecated his
‘uthority to investigators from the VPD contrary to s. 93(4)ali) of the Police Act.
Any judicial authorizations issued in connection with the external investigation
are invalid and of no force or effect,
The Freedom of information and Protection of Privacy Act, R.S.8.C. 1985, ¢, 165
‘applies to any records and information concerning internal discipline matters.
Ioasecooucaeercoces PART 4: MATERIAL TO BE RELIED UPON
34. Affidavit #1 of Frank J. Elsner sworn March 11, 2016;
35. Affidavit #1 of Karoline Kidd sworn March 14, 2016.
‘The Petitioner estimates that the hearing of the petition will take one day.
Date: March 14, 2016
Ey Pettiones Bdtawyer a:
[Tobe completed by the court on
(Order made
11 inthe terms requested in paragraphs .........of Part 1 of this petition
[1 with the following variations and addtional terms:
Date: {da/mmmnivyyi.
Sianature of f TJudae ii
Master This is the 1" affidavit of
Frank J. Elsner in this case
aS ‘and was mede on March 11, 2016
STAD .
PROUT.
d \, Cour File No,
«(MAR 1 4 205 > Vancouver Registry
\ p
Registre
“SUSE IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
CHIEF CONSTABLE FRANK J. ELSNER
PETITIONER.
AND:
THE POLICE COMPLAINT COMMISSIONER AND BARBARA DESJARDINS AND LISA,
HELPS QUA INTERNAL DISCIPLINE AUTHORITY
RESPONDENTS.
AFEIDAVIT #1 OF FRANK J. ELSNER
|, Frank J. Elsner, police officer, of 699 St. Patrick Street, Victoria, British Columbia
MAKE OATH AND SWEAR AS FOLLOWS:
1. Lam the Petitioner in the above-captioned matter and as such have personal
knowledge of the matters hereinafter deposed to except where stated to be on
information and beliet and where so stated | verly believe them to be true.
w2ggoounno44D0cK. Personal Background
2. On December 15. 2013, | was swom in as the Chief Constable of the Victoria
Police Department (the "VicPD"). It was my dream job end the culmination of
my career in policing. | knew there would be challenges but | saw it es @
‘great way to end my career and make a positive contribution to the community
3. I begen my policing career as @ provincial constable with the Ontario Provincial
Police and worked my way up to Chief of Police of the Greater Sudbury Police
Service where | managed a police service of 500 employees and 200 volunteers.
4, In that position, | was involved in the development and implementation of a
‘community-mobilzation philosophy in Sudbury and throughout Ontario.
5, was very proud of that work and wanted to bring that philosophy to the ViePD.
6. I saw it as part of my mandate to change the culture of the organization from
‘an enforcement-focussed organization to 8 community-focussed organization,
7. Unfortunately, my philosophy was not embraced by the Victoria Police Union end
‘other police unions across the province, including the Vencouver Police Union.
8, | worked closely with Mayor Barbara Desjardins (the Mayor of Esquimalt) and
Mayor Lisa Helps (Ue Mayor of Victoria) in iy vole 8s chief constable,
9. I believe we had an excellent working relationship and | was proud of the work.
‘we were doing. | continue to have a great deal of respect for bath of them,
to2escovnon2eve.00cx 10.
"
‘As Chief Constable, | was not a member of the Victoria Police Union and | was
not party to any colsctive agreement Rather, | have an independent contract
‘with the Victoria Polize Board which | signed on or about October 10, 2013,
Attached hereto and marked as Exhibit “A” is a copy of my curriculum vitae.
Intemal Investigation
12,
13,
14
16.
16,
"7.
18.
19.
(On or about September 6, 2015, | received an e-mail from Mayor Desjardins
‘advising that she needed to meet with me about a matter of some importance,
| responded later thet day and set up a meeting for the beginning of the week
‘As Ino longer have access to my work e-mail, | am unable to attach 8 coxy of
our e-mail exchange that day.
(On September 8, 2018, | received a telephone call from Mayor Desjardins at
approximately 10:00 a.m. asking me to come to her office right away.
| immediately dropped what | was doing and drove to her office.
Mayor Desjardins and Mayor Helps were both present when | entered her office
Mayor Desjardins advised me that they had received information that . was
having an affair with the spouse of a member under my command.
In order to protect their privacy, | will refer to the member under my corrmand
2s John Doe end his spouse as Jane Doe. 20.
2
22.
23,
24,
2.
‘Mayor Desjardins went on to advise me of the following:
(a) Mayor Desjardins andlor Mayor Helps had informed the Police Complaint
Commissioner about the ellegation
fo) The Police Complaint Commissioner was considering whether to
‘commence @ public trust investigation; and
(The Police Compleint Commissioner had instructed them to speak to
John Doe about the allegation.
| immediately advised them that | had never had an affair with Jane Doe and
‘expressed concern that they hed spoken to John Doe. | was concerned not only
because the allegation was untrue, but also because speaking to him about
the allegation would compromise the integrity of any subsequent investigation.
Mayor Desjardins instructed me not to say anything else and advised me that
she would contact me later that day.
Upon leaving her office, | was contacted by John Doe who asked me to meet
him, | agreed to meet him and spoke to him about the allegations.
‘As our conversation is the subject of an ongoing investigation, | am not in a
position to say anything more about the substance of our conversation.
Later that day, | was contacted by Mayor Desjardins. While | am not sure
whether we had one or two conversations that day, she advised me that:
‘o2seao neoasnre Doc 26.
27.
28.
28.
(2) Mayor Desjardins and/or Mayor Helps had spoken to John Doe again;
(0) John Doe advised them that he did not want to pursue an investigation,
(c) The Police Complaint Commissioner had agreed that the allegations could
be investigated as an internal discipline matter; and
(@ If Fconsented to the appointment of an independent investigator, the
investigation could be completed faster and more efficiently
| was not given the name of the independent investigator they had in mind but
Understood that she was a lawyer with experience in police discipline matters.
Mayor Desjardins also assured me that if | consented to the appointment of an
independent investigator, the matter would remain confidential and would not
be treated as a public trust matter. | understood that to mean that there would
be no investigation under the Police Act, and the matter would be kept in house.
| was never advised that the Police Complaint Commissioner had imposed any
conditions on the internal investigation and did not hear of any such conditions
ntl reviewed the Order for External Investigation issued December 18, 2015.
| wanted the investigation completed as quickly as possible and it was very
important to me that the investigation remain confidential. | did not want
my family members to have to deal with the publicity surrounding these matters.
toase anyones Boex 30,
an
32
33.
34,
36,
36.
37
John Doe had also advised me that he wanted these matters to remain
confidential and | wanted to respect his wishes. On the basis of those
considerations,
consented to the appointment of the independent investigator.
(On or about November 16, 2015, Patricia Gallivan, O.C., the independent
investigator, released a preliminary report which set out her findings and
conclusions with respect to the issues raised in the internal investigation.
‘On oF about December 4, 2015, | was asked to attend a meeting with Mayor
Desjardins and Mayor Helps. At that meeting, | was handed 2 letter
‘outlining their firdings and conclusions with respect to the internal investigation.
Upon reading the letter, | was concerned that many of the findings and
conclusions contained therein were fundamentally flawed.
| was also concerned that there were flaws in the process, including the fact that
| was not given an oppertunity to respond to substance of the praliminary report.
| expressed some of those concerns to Mayor Desjardins and Mayor Helps,
Both Mayor Desjardins and Mayor Helps asked me to accept their decision so
‘we could get back to the great work we were doing in the community
Mayor Desjardins also assured me that nothing would be released to the public
‘and the matter would be over if | accepted their decision.
tse covennzasainoce 28.
had some reservations about accepting their decision but | thought it would
‘show leadership to take responsibility for my conduct.
29. [also wanted to put the matter behind me so | could get on with my work.
40. For all those reasons, | made the decision to accept their decision and instructed
ry lawyer not to apply for judicial review or otherwise appeal their decision.
Media Inquiries
41. On or about December 6, 2018, I received a telephone call from the Vancouver
‘Sun on my unlisted home number. | was asked to comment on the (false)
report that | was having an affair with a member of another police department.
42. | did not want to speak to the media but | felt it was necessary to get the truth
out by denying the report. | was also contacted by Mayor Helps who requested
that | meke @ statement denying the false report that | was having an affair.
43. On that basis, | made the decision to speak with the media later that day.
44, In the course of an interview with Global TV, | reviewed an e-mail that hed
been sent to the network from an snonymous e-mail account. | was never given
2 copy of the e-mail sent to Global TV so! am unable to attach it to my affidavit,
48,
| was very upset by the felse allegations contained therein and made the
decision to release a written statement,
ozgeoneoase4. 000%. 46. | can say without hesitation that | never would have spoken to the media and
released @ statement had | known that the Police Complaint Commissioner
had the authority to commence another investigation into the same allegations.
Extemal Investigation
47. On or about December 18, 2015, | was provided with an Order for External
Investigetion issued by the Office of the Police Complaint Commissioner.
48, Attached hereto and marked as Exhibit “B” is 2 copy of that order.
49, The Police Complaint Commissioner has also issued various press releases with
respect to these matters.
50. Attached hereto and marked as Exhibit "C” are copies of those press releases.
51, On or about December 22, 2015, Carol Baird Ellen issued @ decision placing
‘me on administrative leave pending the outcome of the external investigation,
Chief Superintendent Bourrie
52, The Order for External Investigation appoints Chief Superintendent Sean Bourrie
as the chief investigator for the external investigation.
53. With respect, his rank is not equivalent to or higher than mine.
54, As chief constable, | have full authority and accountability in @ number of areas
including operations, discipline, policy, budgets and governance.
‘omspcnoarzest DOC. 8,
6,
87.
58.
59,
| report directly to a civiian authority (the Vietoria and Esquimalt Police Board).
Although a chief superintendent may have responsibilities in some of those
‘areas, it is my understanding, based on my 31 years of experience in policing in
both 8.C. and Ontario, that a chief superintendent does not have full authority oF
‘accountability in any of them and reports to his or her superiors within the force,
For example, it is my understanding that a chief superintendent is responsible
for the operations and governance of a specific section, but not the operation
‘and governance of the force as @ whole. Likewise, he will be responsible for
the development of a budget that folds into the overall budget for the service.
|1am concemed that Chief Superintendent Bourrie does not have the necessary
Understanding and experience with respect to the duties of @ municipal chet.
| would add thet there are many other police officers with an equivalent rank that
could have teen assigned to the investigation. Any chief constable of a
‘municipal police force in the province could have been assigned and there may
be other officers within the RCMP who could have conducted the investigation,
|lam also corcerned that Chief Superintendent Bourrie has delegated some of
his functions to investigators from the Vancouver Police Department (“VPD")
In particular, | am advised by my lawyer, Janet Winteringhem, Q.C. that the
following individuals are or have been involved in the investigation at some point
(a) AlStaff Sot. Dave Instant;
ease-co oceans Do, 6
62,
64.
65,
66.
10
(b) Sgt. Shelley Home; and
fc) Sgt. Christian Lowe.
| have also been informed by Ms. Winteringham that Superintendent Laurence
Rankin of the VPD is “overseeing” the investigative team in Victoria,
| maintain a number of highly sensitive fies in my office including, without
limitation, files relating to ongoing negotiations with the union, files relating to
my involvement in various inteligence committees and sensitive personne! fies,
| also receive sensitive communications with respect to those matters.
Ordinary, the individuals referenced in paragraphs 60 and 61 (above) would not
have access to the information in those files. | would add that some of those
individuals are members of the Vancouver Police Union and would have en
interestin reviewing any communications with respect to ongoing negotiations,
Although the Vancouver Police Union and the Victoria Police Union are separate
‘organizations, there is significant overiap in terms of the issues being negotiated
and | routinely discussed and exchanged correspondence with chief constables
of other police departments, including the VPD, with respect to those matters.
| wish to be clear that | am not accusing those individuals of any misconduct. |
raise the issue because | am concerned about the implications of delegating any
authority with respect to the investigation to the individuals referenced above.
‘ese annexasusoocx. "
Judicial Authorizations
67.
68.
70,
n
On or about March 2, 2016, my lawyer was provided with an Investigation
Progress Report which states that Chief Superintendent Bourrie has obtained
judicial authorization to search various electronic devices and telephone records.
Although | have not been reviewed the judicial authorizations obtained by Chief
Superintendent Bourtie, | would expect that they authorize him andlor his
delegates to review e-mail messages in my personal and work e-mail accounts,
|lam deeply troubled by the fact that those authorizations have been granted.
In felation to my work exmsil account, there are @ number of highly sensitive
communications in my inbox relating to my involvement in verious inteligence
committees and matters such @s ongoing union negotiations. Although it may
bbe appropriate for Chief Superintendent Bourie to review those enails, |
strongly am very concerned about his delegates reviewing any of those e-mails
In relation to my personal e-mail account, | am troubled by the fact that Chief
‘Supt. Bourtie and his delegates have access to my personal e-mail messages.
Impact of the External Investigation
7.
73.
| was shocked when I irst heard about the Order for External Investigation.
| agreed to the appointment of an independent investigator in part because |
wanted to resolve these matters expeditiously.
to2escovenoneae00cx 74,
75,
76.
7
78,
78.
80.
81
82
83,
84,
2
Even 50, the investigation seemed to take an eternity and the process was very
stressful for me, | was relieved when it appeared to be over.
| never imagined that the Police Complaint Commissioner could commence
‘another investigation when | had already accepted discipline for my conduct.
| was also shocked by the amount of information that was released to the public.
{ strongly believe my reputation has been irteparably tarnished and my career in
policing is over, regardless of the outcome of the investigation
| fully expect that the publicity surrounding these matters will also have an
impact on my ability to find work outside the policing communty.
| have experienced a significant amount of stress and anxiety as a result of the
extemal investigation,
|1am under the care of a doctor, who I meet with once every two weeks.
|.am also seeing a counselor to help me deal with the level of stress and anxiety
een currently experiencing,
| have started taking an antidepressant and my docto has significantly
increased my blood-pressure medication.
have to take
sleeping pill to get any sleep at all
Even £0, | invariably wake up at 4:00 or 4:20 a.m, and cannot get back to sleep.
vansecovooo2ene4 DOCK 13
85. Ihave an overwhelming feeling of dread that | carry with me throughout the day.
86, | feel humiliated by the publicity surrounding these matters and often receive
telephone calls from friends and colleagues throughout Canada and the US.
who have read about the allegations and call me to find out what is happening,
87. _ In light of the ongoing investigation, | am hesitant to say anything to them about
the investigation (or even the false allegations contained in the media reports),
88, | would add that | am unable to publicly Uefend myself or deny the allegations:
because of the ongoing investigation.
89, | find that to be particularly difficult and a source of significant stress and anxiety.
SWORN BEFORE ME in the City of
Vancouver in the Province of British
Columbia this 11" day of March, 2016
“or taking affidavits
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) Frank"Elsner
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for British Columbia )
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lb. —_FrankJ, Elsner
599 St, Patrick Street
Vietorin, B.C. V8H 4x4
250-208-2618,
say ot
PROFESSIONAL ACCOMPLISHMENTS
+ Excellent Board and Council relations + Implemented School Resource Officers
+ Foster genuine tusting community + Initiated Intemal Inclusion Team
partnerships + Effected strong First Nation and
+ City-wide Community Mobilization Multicultural Initiatives
+ Community Mental Health strtegy + Promote exceptional interal relations
+ Successful Community Policing + Reduced vitimizaton while increasing
Responsive model criminal solvency rates
+ Efficient Police Service restructuring + High level of public trust and support
+ Numerous Proactive Youth Initiatives + Established International Partnerships
Core CompEreNcies
+ Change management + Value diversity
+ Competent management of staff, + Political acumen, communication and
finances, resources and processes external representation skills
+ Demonstrated problem solving and + Leadership, integrity, vision and
ecision making abilities strategie thinking
+ Self motivetod and resus ovinied
PROFESSIONAL EXPERIENCE
VICTORIA POLICE DEPARTMENT
December 2013 to present
Chief Constable
Manage and provide executive leadership for all operations of the Police Department;
develop and implement policy and budgets; responsible for training, audits, professional
standards, media relations, human resource and information technology management, report
{0 the Police Board and provide assistance and advice as roquired; meet with City Council,
business professionals as well as government representatives, municipal arpaaizations, and
the Police Union; assist the Board with strategic and business planning; meator and develop.
sta(T members; positively influence staff to meet Business Plan goals, and te become leaders
‘within the organization; represent and promate the Police Department in the community and
‘on various provincial and national committees to promote public safety and excellence in
policing. GREATER SUDBURY POLICE SERVICE
May 2009 to December 2013 Chisf of Police
February 20007 to May 2009 Deputy Chief of Police
Manage and provide executive leadership forall operations of the Police Service, with a
staff of over $00 employees and 200 volunteers with an annual budget of $3 million dollars.
Developed and successfully implemented a Community Mobilization philosophy and
strategy that resulted in superior crime reduction and community satisfaction result,
Founded a provincially awarded employee wellness and inclusion program along. with
‘numerous external First Nation and Diversity outreach initiatives.
CRIMINAL INTELLIGENCE SERVICE OF ONTARIO (C1SO
November 2012 to 2013
Chie
Chair the C1SO Executive Committee, which ensures ethical and legal governance of ll
Inveligence Services forthe Province of Ontario; including the authorization of provincial
finds for high level Orgenized Crime Investigations, Represent Ontario atthe Canadien
Iniegrated Response to Organized Crime, National Executive Committe, and the
Permanent Working Group for Organized Crime and Criminal Ineteligence.
OWEN SOUND POLICE SERVICE
“August 2000 to February 2007
Deputy Chief of Police
‘Report directly to the Chief of Police and serve as the Chief of Police in his absence;
‘member of the Executive Management Team; responsible forall Operations of the Police
Service including Patrol, Traffic Services, Criminal Investigations, Intelligence, Forensic
Serviees, Drug Enforcement, HEAT, Training, Community Services, Professional
Standards, Media Relations, Audits, and the Auxiliary Police Unit.
‘THUNDER BAY POLICE
1986 to 2000
AMlnspeetor/Staff Sergeant /Sergeant / Constable
‘Acting Operational Commander of the Uniform and Neighbourhood Division; Unit
‘Watch Commander; Patrol Sergeant; Community Policing Implementation Chair, Lead
Investigator and Supervisor within the Criminal investigations, Intelligence and Drug
Enforcement Branches, Experience includes Major Case Management and Investigations,
‘Undercover Operations, Interception of Private Communications. ONTARIO PROVINCIAL POLI
1985 To 1986
Nipigon Detachment Provincial Constable
General policing duties, including Search and Recovery Diver.
POST- SECONDARY EDUCATION
Master of Public Adminis
U
tration Degree
ity of Westem Ontario, 2001-2004
Bachelor of Arts Degree, Political Seience
Lakehead University, 1996-2000
COMMUNITY INVOLVEMENT
‘St John Ambulance ~ Board of Directors ~ Member
Centre for Addiction and Research BC ~ Advisory Board - Member
(ur Place Capital Campaign - Member
(Cool Aid Cabinet - Member
Canadian Institute of International Policing - Presiden
vvvvy
PROFESSIONAL MEMBERSHIPS
Police Executive Research Forum (PERF)
FBI Law Enforcement Executive Development Association (LEEDA)
Intemational Association of Chiefs of Police (IACP)
Canadian Association of Chiefs of Police (CACP)
BC Association of Chiefs of Police (BCACP)
BC Association of Municipal Chiefs of Police (BCAMCP)
Ontario Association of Chiefs of Police (ACP)
Certified Municipal Manager, OMMI - Police Executive 111
vvvvvyyvy RELATED PROFESSIONAL EXPERIENCE
Intemational Policing Committee = CACP ~ Current Member
Organized Critue Committee - BCACP — Curren Member
(Criminal Imeltigence Service Cenc
- National Executive Commitee -Menber
Permanent Working Grovp on Organized Crime ~ CISC, NEC- Member
Criminal inteligence Service of Onli ~ Execuve Commitee Chair
Canadian Integrate Response o Organized Crime ~ Commitee Member
Ontario Association of Chiefs of Police, Executive Member ~ Vice President
Future of Policing, Ontario Government ~ OACP Reprerenaie
Provincial Crime Prevention Working Group = OACP Represenaive
Ontario Associaton of Chief of Police — hte Commitee Vice Chair
Ontario Associaton of Chief of Police, Rsk Management - Executive Member
2006 and 2010 Mancina! Eletons ~ Election Offa
Ontario Association of Chefs of Police ~ Diversity Committee - Member
Ontario Association of Chiefs of Police ~ Provincial Restructuring Committee ~
Member
PROFESSIONAL DEVELOPMENT - Management
Economics of Policing Summit - Public Safety Canada, Ottawa
Future of Policing Sumit ~ Ministry of Community Safety, Toromo
Policing Exchange with Royal Tai Police
International Police Executive Symposium United Nations, NYC
Economy of Policing - Police Executive Research Forun. Wash. D.C.
Canadian Security Studies Program ~ Canadian Forces College, Toronto > Chiefs Mission to Israel, Government of Ontario and the OACP
> Tolerance for Law Enforcement Professionals Simon Wsenthal Conve, L.A
> Great Lakes Leadership Seminar, LEEDA ~ Federal Bureau of lvestigation
> French Language Training, Level | ~ College Boreal
> Managing Customer Service in Policing - Onrarlo Police College
> Policing Our Changing Society, OACP Conference
> Building Trst— Law Enforcement Aboriginal and Diversity
> Emergency Preparedness for Senior & Blecied Officials — EMO
> Principles and Values in Posing - Magna Carta International
> Ethical Leadership - Alumni Conference - Unversity of Western Ontario
>
[this Issues and Themes Conference - Ontario Police College
> Creating Safe and Healthy Communities through Social Development - CACP
> Policing Excellence Through Performance and Accounabilty -CACP
> Leading a Learning Organization - Ontario Police College
> Intelligence Led Policing - OACP Conference
> Strategic Partnerships for Effective Policing ~ CACP Conference
> Media Tesning ~Beford Communication International
> Inelligence Response, Ontario Government's Summit on Counter Terrorism
>
Police Act & Labour Management Seminar - Ouawa Police Service
> Senior Police Administration Course ~ Canadian Police College
> Emergency Preparedness and Response - Emergency Management Ontario
> Ctisis Commanders Couse - Toronto Police Service
> Aboriginal Race Relations Semingr ~*Building ridges” -Thunder Bay Police
Management Bargaining Seminar - Industrial Relations Institute ak J. Ese Coc Vi ‘“
vvyy
vvyvy
v
RELAVENT PRESENTATIONS
Mobilizing Vitoria, Salvation Army Annual Luncheon, Victoria
Leading by Example, Chiefs and PO Mess Diner, CFE Esquimalt
eding the Change, Canadian Association of Chief of Police, Vitoria
Mental Health in Policing, BC Police Boa
AGM, Whistler
Community Mobilization, BC Board Voice AGM, Richmond
Police and the System, Restorative Justice AGM, University of Victoria
Building Communities, Rotary Club, Vietoria,
Our Shared Responsibility, Cool-Aid AGM, Victoria,
‘Mental Health and Police Response, Can. Assoc. ef Chiefs of Police, Winnipeg
Governance in Policing Chaing Rai Rajibhat University, Thailand
Go Ahead... Make a Difference, TEDxYoulh@NickleCity, Sudbury
‘Mental Health and Police, Canadien Assoc, of Police Bourds, Saskatoon
Community Mobilization, Ontario Assoc. of Police Service Boards, Toronto
‘Our Shared Commitment, Social Planning Council of Sudbury
Mental Health: A Community Response, Ortatio Astoe. of Chiefs of Police
‘Community Mobilization: The Nickel, Sudbury Community Action Networks
Policing our Community, United Commercial Travelers of Sudbury
Leading fiom the Front, Irish Regiment of Canada
Commited to Serve, Sudbury and Distict Insurance Brokers Association
Leadership: My Lessons Learned, Sr. Command Course, Ontario Police College rank Eh Crtigulan Vite
AWARDS AND COMMENDATIONS
> Governor General's Onder of Merit ofthe Police Forces Medal - Officer
> Governor General's Canadian Police Exemplary Service Medal, 30 years
> Governor General's Order of Mert ofthe Police Forces Medal - Member
> Governor General's Canadian Police Exemplary Service Medal, 20 years
> Queen's Diamond Jubilee Medel
> Onder of Saint Jot of lersalem Hospuler Knight Medal
> Huntington Univesity Avard of Merit
> TaiPolice Free Parnership Award of Merit
>
Special Olympics, Ontario Floor Hockey Championships ~ Award of Merit
> Priory Vote of Thanks , St John Ambulance
> Special Olympics , Ontario Winter Games - Award of Merit
> Owen Sound Downtown Improvement Association Special Merit Award
PUBLICATIONS AND RESEARCH PAPERS.
‘The Maole Leaf on tage: Canadian Perspectives ional Policing
F. Elsner and K. MeCormick, published by APF Press 2013.
pited Nasions Accountability in Policing, The Maple Leaf on the Global Stage: Canadian
Perspectives on International Policing, 2013.
Private Sccurty/Policing Accountability. HO Magazine. June 2008.
‘Unleashing the Lenders Within. Blue Line Magazine. Janvary 2003.
lie Security Accountability in Ontario, ke holder's
Positions, Master's Research Thesis Univesity of Western Ontario, Local Government
Program, 2008,
Neighbour cing. A Community Approwsh, Thunder Bay Police Neighbourhood
JInplementation Plan, Thunder Bay Police, 1995. rank, Hs _ Coin Vit iets rot “8” cctenactointne 7
attcavt of —£. Else _
rato etre moon this — LA
day ot Magen vole
oFFice oF THE
POLICE COMPLAINT COMMISSIONER nen
Woe bran sr
Bish Cole, Canada
ORDER FOR EXTERNAL INVESTIGATION
Pursuant to .9(1)(a) & (bof the Police Act, RBC 1996 367
NOTICE OF DESIGNATION OF NEW DISCIPLINE AUTHORITY
Pursuant to 8.135 ofthe Plice Act, RSBC199, 367
(OPCC File No: 2015-11048
‘December 18,2015,
To: (Chief Constable Frank Elsner (Member)
Victoria Police Department
‘Andto: Chief Superintendent Sean Bourrie (External Investigating Agency)
Royal Canadian Mounted Police
Andto: Ms. Carol Baird Elan (Gsxternal Discipline Authority)
Retired Provincial Court Judge
Andto: Her Worship Mayor Barbara Desjerdine
‘Her Worship Mayor Lisa Helps
Co-Chairs, Victoria and Esquimalt Police Board
INTRODUCTION
‘This document outlines my review of the internal investigation and disciplinary process
involving the Chief Constable ofthe Victoria Police Department, Frank Elsner. Based on my
iv, Tam ordering an inveatigation into this matter, Pursuant to section 95 ofthe Paice Act
have determined that itis in the public interest to disclose this Orr for Investigation tothe
publi. Thase my decision on the importance of the public office of the Chief Constable, the
seriousness of the allegations, and the amount of information currently in the public domain
initiated by comments made by individuals drecly involved in this matter. At this early stage
ofthe process, Ihave tried to strike a balance in terms of the degree of disclosure, and in
consideration of a numberof factor, including:
+ protecting the intgrty ofthe impending investigations;
1+ the privacy interests of those directly affected by this matter and ther families; and
Stan. Lowe ‘Flor 7 For Sect
Poet Canpuint Commoner 70 Box 985m Prov Govt
‘Vitoria, Desh Columbia VEW 9
‘Ta G50 3567458 / Foe a 35608.
‘Tol Free 16775594707. West: worn apecbeea Page? 10
December 15,2015
Once 20152088
the public interest and in particular, maintaining public confidence in the
investigation of alleged misconduct, and the administration of police discipline
through the accountability and trangparency afforded under the Police Act of
British Columbia,
BACKGROUND
Inlate August2015, our office was contacted by phone by the legal counsel for Mayors
‘Barbara Desjardins and Lisa Felps (he "Co-Chairs" in their capacities as joint Chairpersons of
the Vietoria Poice Board. Counsel was both sesking advice and providing a submission on
‘behalf ofthe Co-Chair, with respect to how this matter should proceed pursuant tothe Paice
‘Aa (the " Act”). Counsel advised thatthe Co-Chairs were in possesion of communications
between Chief Constable Elsner and 2 member of another local police department. The member
involved was the spouse of a member (the "Member" of the Victoria Police Department
serving under the command of Chief Constable Elsner. The Co-Chairs took the postion that this
‘was an internal deciplinary matter as defined under the Act
(For context internal disciplinary matters should be distinguished from public trast matters —
the Plice Act provides for these two methods of addressing failings on the part ofa police
officer. In this case, the Co-Chlrs’ positon was thatthe matter shouldbe addressed, not
through the more formal publi-trust process, but instead through the internal-disiptinary
process)
‘An in-person meeting was scheduled with counsel fr the Co-Chairs, 0 that T might receive
further information and review the Twitter messages between the parties. Due tiliness,
‘counsel for te Co-Chalrs was nat abe o attend parsorully, 0 our meeting took place by
teleconference, in which some additional information was provided. At tls point the available
information was limited; there was no information availble at that time as tothe ownership,
‘operations and privacy relate tothe social media account. There was no information avilable
‘with respect to whether the communications took place while on duty or off duty, and whether
‘any municipal police equipment was used to facilitate the communications. These
‘ofsiderations were relevant to determining whether this matter involved a disciplinary breach
of public rust and whether itshould be dealt with under the public trust process under the Act
{mn our discussions, counsel forthe Co-Chairs advised me of an anticipated course of action if
this matter was to proceed through the internal disciplinary process; that i, counsel se forth n
anticipated approach tothe situation. In addition, counsel strongly raised the concerns of the
‘Co-Chairs about the privacy interests at stake and the families involved. Atthe time, Lmade
clear to counsel forthe Co-Chairs my concerns about the information and the alleged conflict of
Interest and/or breach of trast arising out of the employment relationship between Chief
Constable Elener and the Member serving under his command,
1 acceded tothe request of counsel forthe Co-Chairs to allow this mater, intslly to proceed in
‘the internal discipline process. My decision was based on the course of action proposed by
‘counsel for the Co-Chairs, the privacy interests involved, andthe requirement thet wo
preconditions be met by the Co-Chair. These conditions could have an impact on the
Oftee oft
Police Conplalat Comnisione
sh Caton Cmae eges
December 8, 2015
once abis-11018
‘information available in determining whether the matte should be dest with through the
internal process or by way of disciplinary breach of public trust. They wereas follows:
Precondition There had tobe a fll and continuing disclooure of the allegations and
progress ofthe investigation tothe other Victoria Police Board members.
‘Precondition? There had to be disclosure ofthe allegations to the Member serving under
‘the command of Chief Constable Elsner and the Co-Chairs should obtain
the Member's informed views a to whether he wished to initiate a
‘complaint or request a public trust investigation under the Patice Act.
‘The following day our office was advised by counsal for the Co-Chairs thatthe remaining Police
‘Board members had been briefed, and that the affected Member did not wish an investigation.
On the understanding that my two conditions had been satisfied, Isupported the decison to
proceed with this matter as an internal discipline matter. It was my expectation that ifthe
[rwestigation revealed evidence of condict that could constitute a disciplinary breach of public
‘ust the Co-Chairs would rae the matter with our office.
INTERNAL DISCIPLINE PROCESS AND JURISDICTION OF THE OPCC
‘Pursuant tothe Act, the Commissioner is generally responsibe for overseeing and monitoring,
complaints, investigations and éhe administration of discipline and proceedings.
“The Act requires that Chairpersons of municipal Police Boards establish procedures for
governing internal discipline matters and taking discipline or corrective measures that are not
Inconsistent with the Act In my view, the internal disciplinary process shouldbe guided by the
spiritof the publictrast process under the Act, with a focus on procedural feirness,
fecountability and transparency, ass found in that process.
For intemal discipline matiere, the oversight jurisdiction of our offices confined to an ex post
{ficto review of the investigation and the disciplinary proces. Its an after-the-act role, and in
this respect it may be distinguished from the way publictrust matters are handle. Inthe
publictrust process, our office has the jurisdiction to provide active oversight of the
{investigation and to request any and ail information as it becomes available. In contest, inthe
internal discipline process, the request for the investigation report, and all additional
information or records, can only be made by our office atthe conclusion ofthe internal discipline
process, unless voluntarily provided or diseased by the Co-Chairs at an earlier time,
In practical terms, the ex pot facto review by my office is one that requires me to determine
‘whether the matter should be addressed through the more formal public-rust process. The
{question is whether there is information in relation to which should exercise my discretion to
Independently order an investigation into any aspect ofthe matter. The Act provides that
‘ny fe, our office receives information concerning the conduct ofa municipal police officer —
‘which if proven would constitu e disciplinary breach of public test ~ Tmay order an investigation
into the conduct ofthe officer. The matter then falls within the jurisdiction of our office, both in
terms of oversight ofthe investigation and any ensuing disciplinary process.
Otic ofthe
alice Compsint Commissioner
Bali Coli Coda
if Page 12
Devember 18,2015
(oFCC 2015-11048
“attach, as an appendix to this Order, some ofthe relevant provisions from the Act that Ihave
slluded to.
(OPCC COMMUNICATIONS WITH THE INTERNAL DISCIPLINE AUTHORITIES
‘Shortly after confirmation that both pre-conditions had been met, our office was contacted by
counsel for the Co-Chairs, envazsing whether a senior lawyer with experience inthe area of
policing could actos an independent investigator i the matter, as opposed to a Chief Constable
Dfanother police agency. 1 was advised that Chief Constable Elsner was in agreement with this
‘roposal and Ibelieved in the circumstances that it was preferable to proceed this Way.
“There was no further contact from the Co-Chairs until approximately October 28, 2015, when.
cour office reeaived information that member ofthe Board had not received adequate disclosure
‘with respect to the allegations and inwestigation related to Chief Constable Elsner. Our office
‘Contected counsel for the Co-Chairs, who advised that it was the Co-Chairs’ position thatthe
‘Board members were not ented to dieclosure. We reminded counsel for the Co-Chairs that
this was a pre-condition for our agzeeing that this matter could be dealt with as an internal
‘Slacpline matter, Our office advised the Co-Chairs through counsel that was contemplating,
taking ction in the matter, A shor time lter, we received confirmation that the Boar
members had received adequate disclosure.
“The next contact between our office and the Co-Chairs was on December 4, 2015, when a
‘member of te media contacted our office in elation to rumours that Chief Constable Hisner
‘was the subject of an investigation, We did not comment at ll, but it sppeared the media may
hhave received incomplete or inaccurate information about the matter from Mayor Desjardins.
‘rected my staff to contact Mayor Desjardins to confirm her comments to the media, Based on
fa briefing from my staff, had a conversation with counsel for the Co-Chairs, in which I
provided Mayor Desjardins the opportunity to contact the media and correct the
{risinformation she had provided earlier That same day we learned thatthe Co-Chairs
Investigation was in fact completed, with a decision having been rendered in the previous 24
hours. We requested and rectived a document entitled “preliminary” investigation report and a
‘decision leter from the Co-Chairs.
Internal Discipline Authorities are not required to communicate with our office on an ongoing
‘asizon the status of an internal dzcipline investigation. As noted earlier, our office is confined
toan ex post fact review ofan internal disciplinary matter unless an Internal Discipine
‘Authority chooses to include our office in the process. Since the commencement ofthe internal
{nvestigaion into this matter, there was no contact niiatad by the Co-Chairs with our office;
the frst contact was initiated by our office in relation tothe Co-Chairs’ comments tothe media
fon December 4, 2015.
REVIEW OF THEINVESTIGATION
‘An internal discipline investigation like any formal investigation, involves a system
‘thorough search fr the evidence to assist in determining the truth. The processes and
procedures engaged in an internal decipinary investigation are the responsibilty of an intemal
‘Biscipline Authority; inthis matter this responsibility falls direty tothe Co-Chairs ofthe
cand
Ofte ofthe
Police ComplietComiasioner
‘ah Cokin Cade Pages |
December 18,2015,
(POC 2015-1088
a
Police Board. The Intemal Discipline Authority is responsible for determining the terms of
reference ofthe investigation, and the nature and manner in which an investigation fs
‘conducted ~ the standards adopted to gather and preserve evidence. Simple and less serious
tnatters (eg lateness or dresscode violations) do not normally require comprehensive and
professional-geede investigative practices, However, in matters involving serious allegations, or
{issues where there i ikelthood of conflicting or controversial evidence or both itis my view
these types of investigations requir the use of best practices to ensure the accurate preservation
ofall evidence.
In my view, based onthe information and course of action provided by counsel forthe
‘Co-Chairs at the outset, this matter involved serious allegations, It involved an obvious
‘potential for conflicting and controversial evidence amongst the witnesses and partes It was
fy expectation that, at a minimum, all interviews would be audio recorded, Instead, eaened
afterward, all the witness interviews were documented by handwritten notes made by the
Snterviewer, and constituted summaries of the evidence. Furthermore, there was no opportunity
‘provided tothe witnestes to review the summaries oftheir interviews and reise any isues, nor
requirement for them to sign a document attesting to the accuracy oftheir evidence.
‘My review also revealed that a numberof obvious investigative avenues were not explored,
some of which could have provided important corroborating and/or contradictory evidence.
‘One material witness refused to cooperate with the investigation or participate in an interview.
Inmy view, there were procedural options available that could have been explored to obtain
the cooperation of this witness, The effec of the non-pariipation of an important witness was
to leave an evidenticy gap on onesie ofthe ledger, wit the result that the accounts of other
‘witnesses may have achived a greater infivence than had this evidence been availabe in the
Investigative process
‘Based on my review of the investigation zepert and the accompanying materials, Lam ofthe
‘view that thee is conduct described which if substantiated, would constitute disciplinary
breaches of public trast. (These ae st out in detail below.) Furthermore, pursuant tothe Act,
an investigating officer has a statutory duty to repoct any Such conduct tothe Co-Chairs ofthe
Police Board, Our office has not received any further reports of alleged misconduct fom the
(Co-Chair eince the commencement ofthe internal investigation.
While appreciate that there may be arguments about the admissibility and use of information
arising through the internal diecplinary process in this case, te question I must address at this
‘Stage one that doesnot permit me to engage in an assessment ofthe weight ofthe evidence,
nora threshold screening of admissibility or use. At this early stage, the question i instead
‘whether; on the infermation available fo me, an investigation is warranted.
‘Likewise, while I appreciate that Iwas previously inclined tothe view thatthe matter might be
properly addressed through the internal disciplinary proces, as this outline makes plain, the
onulitions sought for that approach were not met. Moreover, the fects ofthe case have changed
‘Significantly, and the information available now is diferent both in quantity and in character.
‘Because setion 98() ofthe Police Act speaks to information that comes to my attention “at any
Otiee oft
Police Conglalat Commisione
‘ich Coli, Cade o
Pages
December 18,2015 14
(OPC 2015-11068
time”, [seeit as not only appropriate, but necessary thatIact based on my present
understanding and view of the mater
‘Based on the information contained in the investigation report, it appears that very early ifnot
a the outset ofthe investigation, there wae information thatthe device at issue (used by Chief
Constable Elsner to transmit and recive the information) belonged tothe Vitoria Police
Department, and in addition that ome communications occurred while the Chief was on dcty.
‘The Twitter account that was invelved in the exchange of information was directly related to
Chief Constable Blner’s role as Chief Constable. This information was relevant to the question
cof whether the alleged conduct of Chief Conatabe Elaner constituted a disciplinary breach
‘aust and ought to have been provided to our office for consideration.
arthermore, the report contained new information related to further conduct of Chiof
Constable lener which supports an allegation that he placed himself in a conflict of interest
and or breached a relationship of trust witha member under his command while on duty. Tis
information involves an appearance of unfair treatment that may have compromised the
‘Members position in and employment with the Police Department. The Chief Constable’
conduct, if substantiated, would constitute the disciplinary breach of trust of Disreditable
Conduct
In addition, there i information contained inthe report that, while under direction by the
internal disciplinary investigator not to speak to witneses related tothe investigation, Chie
Constable Elener had conversations with to witnesses, in relation to te ongoing investigation.
‘his conduet, if substantiated, would constitute the disciplinary breach of trust of Discreditibe
Conduct
‘There is information contained inthe report that supports an allegation that Chief Constable
‘Elsner met with the Member under his command and provided him with inaceurate and
misleading information, in circumstances the Chief knew would influence the Member in the
‘decision the Member had to make with respect to whether he wished to initiate «complaint or
request a public trust investigation under the Act ~ circumstances which in turn, may have
{impacted upon (and may have been intended to impact upon) the disciplinary response to ‘he
matter. The false information provided by the Chief wae consistent with an attempt to mislead
the Member as to the nature of the Chief conduct involving the Member's spouse. This
conduc, if substantiated, would constitute the disciplinary breach of rust of Disreditabe
Conduct.
‘Finally the report contained the Chiets own account ofthe events and communications, a well,
as his response to the account given by the affected Member ~ the two accounts are diffictlt to
reconcile, They appear tobe internally contradictory. This information supports an allegation
‘that the Chief filed to accurately and completely answer the questions ofthe internal discipline
investigator. This conduct, if substantiated, would constitute the disciplinary breach of trust of
Disereditable Conduct.
Otc othe
Police Conpiit Cormisoner
‘Bas Catania, Conde Page?
December 18,2015 15
oPccams-11018
(On a related but different point in the report the Member is described ae advising the
‘Co-Chairs of hie meeting with Chief Constable Elsner and the information he Chief provided to
the Member. It appears that the Co-Chalrs did nothing to correct the Member's misguided
appreciation ofthe circumstances, despite the Co-Chairs knowing the information provided to
the Member was fale and misleading. In advising our office thatthe informational pre-
condition had been met,no mention had been made that the Member had ceived false and
‘misleading information from Chief Constable Elsner. Given the circumstances as contained in
‘the report, itis clear that the Member's decision was influenced by misleading information;
therefore, the pre-condition had not been flied. Te independent investgator inher report
confirmed that the Member hae not received adequate information about this matter. The
Independent investigator commented in her report that, “Is particalarly houbling tht (the
‘Member (name removed for privacy] sill doesnot know about the Titer exxhangesbehoeen his
spouse and the Chi. As aresul, there continues tobe erik of farther worklaceconsequences should
those Tees be exposed.”
REVIEW OF THE INTERNAL DISCIPLINE PROCESS.
‘As tothe contact between our office and the Co-Chairs, beyond our initial discussions with
‘counsel forthe Co-Chairs, our office received no communications regardirg the progress made
‘onthe matter, This was true both in terms ofthe proposed course of actor, ancl also as to the
‘status othe interna investigation. Itwae not unt our office was contacted by journalists
regarding comments made by Mayor Desjardins that Initiated contact (through counsel for the
Co-Chairs) zegarding my concems about the accuracy ofthe comments in media reports. The
‘Mayor subsequently addressed my concerns, confirming that an interna investigation din
fact take place. It was a short time later that Chief Constable Elsner made hs comments tothe
media.
‘Based onthe information provided to our office itis my view that aspects ofthis internal
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