Police officer gets 17-month conditional sentence
Abbotsford constable pleaded guilty to breach of trust in three incidents
An Abbotsford police officer who pleaded guilty to breach of trust following an investigation into corruption has received a 17-month conditional sentence.
In imposing sentence on Const. Christopher Nicholson, B.C. Supreme Court Justice Brenda Brown noted while there was no evidence he gained personally from his actions, he was in a position of trust and undermined the public’s confidence in the police department.
“His conduct reflects on his fellow officers. He has betrayed them as well. It was not a crime of the moment. These were calculated actions.”
Another impact of the charges being laid against Nicholson is the federal Crown has had to stay 12 prosecutions in cases where his name came up.
Crown counsel Peter Hogg told the judge there was no suggestion Nicholson was engaged in criminal conduct in the 12 cases.
In May 2013, after the Abbotsford police asked the Vancouver police to investigate information that a member of the department had committed a serious offence, Nicholson was arrested and charged with 10 counts of obstruction of justice and breach of trust charges.
He pleaded guilty to one count of breach of trust related to three incidents that occurred in early 2013 when he was back on patrol after a stint with the drug-enforcement unit but still involved in registering and handling a number of confidential informers.
Nicholson was found to have counselled an informant to provide false information and to have falsified informant information and passed it on to another officer who was preparing a search warrant.
In a third incident, Nicholson counselled a drug suspect to destroy evidence.
It happened when the officer was asked by another officer to transport the suspect from the scene of the arrest to the detachment.
“Yeah, is there s--t in the truck?” Nicholson asked the suspect, in reference to the suspect’s vehicle. “OK. S--t on you? OK. ‘Cause you got ah, ’bout seven minutes to pitch whatever the f--k you got before we get there.”
During sentencing submissions Friday, defence lawyer Brock Martland suggested there may be a culture of “bending of the rules” in the department.
He told the judge that at the time of Nicholson’s offence, the department was battling a significant crime problem, involving drug trafficking, gangs, murders and other incidents of violence.
In that context, the department set out to change the reputation of one of Canada’s most violent and crime-ridden communities, and at times relatively junior officers such as Nicholson were put in significant positions of responsibility, Martland said.
“The culture of the Abbotsford Police Department was one where, ‘ We’ll get it done at all costs,’” Martland told the judge. “If there’s some bending of the rules, then if it means getting the job done, that might be tolerated.”
Martland added he wasn’t making those comments as an excuse or to lift the blame from the shoulders of his client.
Hogg told the judge there was no evidence of a culture of “bending of rules” or a “success at all costs” with the Fraser Valley police department.
And Abbotsford police spokeswoman Sgt. Judy Bird said outside court that she agreed with the position of the Crown and noted following the investigation and an audit that was conducted, Nicholson was the only officer charged.
“The Abbotsford police does not stand by any sort of culture of rule bending.”
Nicholson remains suspended without pay pending the results of an ongoing Police Act investigation.
In a statement released by his department, Abbotsford police Chief Bob Rich said the Nicholson investigation had been a “difficult and lengthy” process.
“We wish to thank the VPD for their tremendous assistance in dealing with this matter. The men and women of the Abbotsford Police Department continue to proudly serve our community with courage and integrity.”