Investigation into Abbotsford PD misconduct largely dropped due to technicality

ABBOTSFORD (NEWS 1130) – An investigation involving more than 100 allegations of misconduct against 15 members of the Abbotsford Police Department (APD) has largely been dropped by the Office of the Police Complaint Commissioner after a BC Supreme Court order preventing the releasing of key evidence to protect police informants.

Under the Police Act, the Commissioner’s officer asked the New Westminster Police Department (NWPD) in 2015 to look into allegations of misconduct of the officers, including accusations the officers has provided inaccurate statements in Information to Obtain Search Warrants.

When investigators needed to access those statements, the BC Supreme Court said in order to protect the identities of informants named in the documents, the files could only be used for criminal investigations. The Police Act is an administrative investigation, not criminal.

As a result, the Commissioner’s office decided to discontinue investigating 122 of the 137 allegations. The remaining 15 allegations against four APD officers do not need the special documents and the investigations will continue.

“I understand the need for secrecy, but I think the allegations in this case are pretty severe and it’s hard to stomach that the public won’t be brought into that process [in court],” Pivot legal police accountability campaigner Douglas King says.

The misconduct investigation began during the Vancouver Police’s Department’s investigation into APD Cst. Christopher Nicolson for charges including breach of trust and obstruction of justice. The commissioner’s office asked the NWPD to do the investigation to avoid any bias that may have been incurred by the VPD during their criminal investigation.

The allegations of misconduct included corrupt practice, deceit, and neglect of duty pursuant to the Police Act.

“It’s really a gap in our ability to provide oversight,” Deputy Police Complaint Commissioner Rollie Woods says. “If there’s no way to deal with it, maybe the government will have to look at additional legislation.”

Woods says there seemed to be agreement that NWPD would be able to see the information with all the informant information removed so the court decision surprised them.

“For these 11 members, I am pleased that after a lengthy process, they can now move forward,” APD Chief Bob Rich says.

“I have complete confidence in the integrity and professionalism of these members. Through this lengthy time, while the courts decide on what evidence can be reviewed, they have continued to serve this community with distinction.”

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