Victoria - The Office of the Police Complaint Commissioner (OPCC) has ordered an investigation into the detention and arrest of an Indigenous man and his 12-year-old granddaughter at a Vancouver branch of the Bank of Montreal (“BMO”) which occurred on December 20, 2019. The OPCC became aware of the matter through media reporting and complaints from the public. Information was requested from the Vancouver Police Department and as a result, the Police Complaint Commissioner has concluded an investigation into the matter is required. The Police Act provides an authority for the Police Complaint Commissioner to order an investigation into the conduct of a police officer if the officer’s conduct would, if substantiated, constitute misconduct. The investigation will include any other potential misconduct or attempted misconduct which may have occurred. The investigation will also consider any Vancouver Police Department and Vancouver Police Board policies, procedures or training that may be a factor in this incident. Given the nature of this matter and the public comments of the Vancouver Police Department, the Commissioner has also determined that it is in the public interest the investigation be conducted by an agency other than the Vancouver Police Department. The Delta Police Department has been ordered to conduct an independent investigation into this matter. As this matter is under investigation no further information will be released at this time.
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A senior Vancouver Police Officer has been ordered dismissed for Discreditable Conduct related to misconduct occurring during an inappropriate relationship with a junior Vancouver Police Officer. As has been previously reported, Vancouver Police Constable Nicole Chan tragically committed suicide in January 2019. An investigation ordered by the Office of the Police Complaint Commissioner and conducted by the New Westminster Police Department revealed that Sergeant D. Van Patten was in an inappropriate relationship with Constable Chan while also serving as a Human Resources Officer for the Vancouver Police Department. On January 2, 2020, the Discipline Authority, Chief Officer Dave Jones of the Transit Police rendered a discipline decision concluding that three allegations of Discreditable Conduct were substantiated. Chief Officer Jones imposed penalties which included an order that Sergeant Van Patten be dismissed from the Vancouver Police Department. Police officers facing dismissal have an automatic right to request the decision be reviewed by a retired judge through a Public Hearing. In addition, the Police Complaint Commissioner may on his own initiative order a Public Hearing if he considers it in the public interest to do so. To date no determination has been made.
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The Police Complaint Commissioner has called a Public Hearing into allegations of police misconduct involving Constable Eric Ludeman and Constable Neil Logan of the Vancouver Police Department as a result of a complaint of excessive use of force and improper entry into the private residence of Mr. Vladamir Tchaikoun and his family. After investigation by the Victoria Police Department the matter was ultimately referred to a retired judge for review. In a subsequent discipline proceeding, retired Judge Brian Neal, Q.C. determined that although the entry into the private residence was unlawful, the police officers did not commit misconduct. Complainants are not afforded the opportunity to present oral evidence at discipline proceedings and Mr. Tchaikoun requested the Police Complaint Commissioner arrange a Public Hearing. The Commissioner considered this request and other factors and determined that it is in the public interest to arrange a Public Hearing. Upon the recommendation of the Associate Chief Justice of the British Columbia Supreme Court, retired Provincial Court Judge Carol Baird Ellan is appointed to preside as Adjudicator in these proceedings, pursuant to section 142(2) of the Police Act. A date for the Public Hearing will be determined in the future. Details may be found on the “Decisions” page of the OPCC’s webpage, located at www.opcc.bc.ca.
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