The Office of the Police Complaint Commissioner has ordered a review into the findings of a discipline proceeding relating to the conduct of a New West police officer who was found to have committed “discreditable conduct” at work – actions considered to be “very serious” and of a “predatory” nature.
The OPCC announced Jan. 22 that it had ordered a review by a retired judge into the findings of a discipline proceeding relating to allegations of discreditable conduct against a member of the New Westminster Police Department.
“A NWPD sergeant was alleged to have made inappropriate sexual advances towards female NWPD employees,” said the news release.
“At the time of these incidents, the sergeant was a senior NWPD member and in a supervisory role within the department.”
According to the OPCC, the matter was investigated externally by the Vancouver Police Department.
“During a subsequent discipline proceeding, the member was found to have committed two allegations of discreditable conduct,” the OPCC statement added.
“The discipline authority recommended that the member receive a reduction in rank.”
The police complaint commissioner, however, has determined “among other things” that the proposed discipline does not adequately address the seriousness of the conduct – and has determined that a review by a retired judge is necessary in the public interest.
The Honourable Carol Baird Ellan, KC, a retired BC Provincial Court judge, will preside as the adjudicator of the “review on the record.”
According to the OPCC, a review on the record is a form of adjudicative review in which the adjudicator, a retired judge, conducts a “paper review” of all evidence and materials from the investigation and disciplinary hearing.
The adjudicator may also receive submissions from the respondent member’s counsel, the police complaint commissioner’s counsel, the complainant and the discipline authority before rendering a decision.
“An adjudicator must determine whether there is misconduct and, if so, determine the corrective or disciplinary measures to be imposed,” stated the news release. “In some cases, reviews can be focused solely on the issue of the discipline imposed.”
The officer’s name has not been made public.
“As this matter involves allegations of a sensitive nature, names of the parties have been withheld from the notice to protect the privacy of the affected persons,” said the news release. “During the review on the record proceedings, the adjudicator may make further determinations concerning any limitations on the public disclosure of information relevant to this review.”
What’s this about?
The notice of review on the record, which was filed on Jan. 22, 2024, states that the OPCC received information from the NWPD on April 29, 2019, in relation to an incident that occurred in 2017.
The NWPD said it was alleged the member made inappropriate sexual advances toward a female employee of the police department, including physical touching of the employee, without her consent.
The notice of review on the record outlines some of the timelines associated with this matter:
- May 3, 2019: The OPCC ordered an external investigation by the Vancouver Police Department into the conduct of the member, pursuant to the Police Act. (The investigation was suspected to avoid prejudicing a related criminal investigation.)
- May 6, 2019: The OPCC received further information from the New Westminster Police Department alleging the member had made inappropriate sexual advances toward another female NWPD member on or between March 2018 and March 2019. (This investigation was also suspended to avoid prejudicing the related criminal investigation.)
- May 8, 2019: The police complaint commissioner ordered an external investigation by the Vancouver Police Department into the member, pursuant to the Police Act. (The investigation into this matter was also suspended to avoid prejudicing the related criminal investigation.”
- Sept. 10, 2019: The police complaint commissioner designated then-VPD superintendent Fiona Wilson to “exercise the powers and perform duties of a discipline authority” in relation to both investigations.
- Feb. 14, 2020: The suspension of the investigations into these two matters is lifted and the two investigations are merged into one.
- Sept. 29, 2020: Sgt. Gary Hiar, a VPD professional standards investigator, submitted the final investigation report to the discipline authority (Wilson), after conducting a review into this matter.
- Oct. 14, 2020: The member of the New Westminster Police Department was notified a discipline proceeding would be held in relation to the “substantiated allegations, namely that the member was alleged to have committed two counts of discreditable conduct with respect to his comments and behaviour towards NWPD employees.”
- Nov. 8, 2023: Following the discipline proceeding, and after considering available evidence and submissions, the discipline authority recommended a reduction in rank as a proposed disciplinary measure.
- “In arriving at the proposed discipline, the discipline authority found that the member’s actions were ‘very serious’, ‘predatory in nature’ and amounted to a ‘high-range level’ of misconduct. The discipline authority specifically noted that the member was in a position of authority and the affected persons were vulnerable relative to the member’s position,” said the notice of review on the record. “The discipline authority (Wilson) went on to find that the member only accepted partial responsibility for his actions, and she was not able to determine with any certainty the likelihood to which the member would commit misconduct in the future.”
- Dec. 7, 2023: The police complaint commissioner received and reviewed correspondence from legal counsel representing the member’s employer “setting out its legal and practical concerns with respect to the proposed disciplinary and corrective measures.” This included their “workability and impact” given the employer’s human rights and WorkSafeBC workplace obligations.
In his Jan. 22, 2024 decision, police complaint commissioner Clayton Pecknold concluded there is a reasonable basis to believe the discipline authority incorrectly applied Section 126 of the Police Act in proposing disciplinary or corrective measures in this matter.
“Specifically, I have concluded that there is a reasonable basis to believe that the disciplinary or corrective measures proposed do not adequately reflect the seriousness and circumstances of the member’s conduct; namely that he member used his rank and position of power within the NWPD to engage in an ongoing pattern of non-consensual behaviour of a sexual nature towards junior and vulnerable employees of the NWPD which the discipline authority described as ‘predatory’ in nature.”
Pecknold said a public hearing is not necessary in this matter, saying the review on the record is appropriate; he said there has been a thorough and complete investigation and a lengthy discipline proceeding, and stated the available evidence is sufficient.
A review on the record being arranged by OPCC will be confined to the issue of “adequacy and appropriateness” of the disciplinary or corrective measures imposed by the discipline authority.
Dates for the review on the record have not been determined, but will begin at the earliest practical date, the notice explained.
