THE ELSNER CASE: HOW IT UNFOLDED
August 2015 — Concerns were raised quietly about Twitter messages between Victoria Police Chief Frank Elsner and a female Saanich officer who is married to one of his Victoria police subordinates. Victoria and Esquimalt mayors Lisa Helps and Barb Desjardins, police board co-chairs, confidentially hired a lawyer to investigate. The lawyer concluded later in the year there was no physical relationship, but the messages were inappropriate.
Dec. 4, 2015 — The mayors informed the police board privately and the board expressed confidence in the chief.
Dec. 7, 2015 — The Vancouver Sun reported on the text messages and Elsner publicly acknowledged them, saying he was humiliated. He emailed his entire department an apology. Some police officers raised concerns about harassment and bullying of staff.
Dec. 18, 2015 — The Office of the Police Complaint Commissioner relieved the mayors of their disciplinary authority, and started a new investigation of the text messages, saying the first investigation was inadequate. Elsner went on paid leave. The OPCC also started a probe of the harassment allegations. March 15, 2016 — Elsner filed a petition in B.C. Supreme Court to stop the investigations.
April 29, 2016 — Elsner was suspended with pay. Three more allegations were made against him. They are: that Elsner tried to procure a statement from a potential witness knowing it to be false or misleading, that he requested that a potential witness destroy electronic data and that he tried to access a department server to erase or try to erase emails. November 2016 — Elsner’s petition to quash the OPCC investigation is heard over four days in B.C. Supreme Court, with evidence coming out that Elsner and the female officer spent six months exchanging “salacious and sexually charged” Twitter messages and shared a hug and a kiss.
January 2017 — Investigators looking into the misconduct allegations on behalf of the OPCC are given an extension for the fourth time to complete the probe.
Feb. 27, 2017 — Elsner filed an affadavit in B.C. Supreme Court saying he wants to resign as police chief so he can move on with his life but said “for reasons outside of my control, I am unable to negotiate the terms of my exit” until the OPCC investigation is completed.
March 23, 2017 — Police complaint commissioner Stan Lowe said two retired judges found enough evidence against Elsner to send six allegations of discreditable conduct, one allegation of inappropriate use of department equipment and one allegation of deceit to discipline hearings.
March 27, 2017 — The Victoria Police Board announces it is prepared to take the OPCC to court to obtain the investigative reports into the misconduct allegations and a copy of a discipline ruling. The OPCC responded that its office does not have the authority to provide the information. April 12, 2017 — B.C. Supreme Court Chief Justice Christopher Hinkson quashed the investigation into Twitter messages Elsner sent to the wife of one of his subordinates and into the allegations Elsner used Victoria Police Department equipment to send the messages while on duty. Hinkson said it was an abuse of process for police complaint commissioner Stan Lowe to order an external investigation into matters that had already been investigated by the Victoria Police Board.