Judge quashes probe into chief’s Twitter use

VICTORIA — The B.C. Supreme Court has thrown out an investigation by the Police Complaint Commissioner into Twitter messages Victoria Police Chief Frank Elsner sent to the wife of one of his subordinates.

In a ruling released Wednesday, Chief Justice Christopher Hinkson also stopped an investigation into allegations Elsner used Victoria police department equipment to send the messages.

“I would love to comment on the decision but I can’t because the matter is still before the discipline authorities and some of these things are still to be decided,” said Elsner’s lawyer Janet Winteringham.

Hinkson found it was an abuse of process for commissioner Stan Lowe to order an external investigation into matters that had already been investigated. Lowe had enough information at the outset when he agreed with Victoria Mayor Lisa Helps and Esquimalt Mayor Barb Desjardins, the co-chairs of the police board, that the matter should be dealt with as a matter of internal discipline, the judge found.

In August 2015, Helps and Desjardins, co-chairwomen of the Victoria police board, received information that Elsner had exchanged Twitter messages with a Saanich police officer who was the wife of one of Elsner’s officers.

“The mayors consulted with the Commissioner and received his advice and direction,” said Hinkson.

They brought the information to the attention of the police complaint commissioner. The matter was treated as an internal discipline matter.

The investigation determined Elsner’s conduct was discreditable. A written letter of reprimand was placed on his file.

On Dec. 4, Helps and Desjardins told the board that Elsner had been disciplined following an internal investigation, and the board expressed confidence in the police chief.

The two mayors decided not to make the matter public on the grounds that it was a confidential personnel matter.

Two days later, the story was leaked to a reporter. Elsner apologized, saying he was “deeply humiliated.”

At that point, Lowe reviewed the internal investigation and determined it failed the test of fairness, accountability and transparency under the Police Act.

Lowe asked the RCMP chief superintendent to lead a new investigation into allegations that Elsner exchanged improper social-media messages.

He also ordered an investigation into allegations of workplace harassment submitted by the police union on behalf of four female employees of the police department.

At first, Elsner stepped aside voluntarily on paid leave.He was later was suspended by retired judge and discipline authority Ian Pitfield.