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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The Annual Report of the Office of the Police Complaint Commissioner, tabled with the Speaker of the Legislative Assembly this week, provides an overview of misconduct involving municipal police officers in B.C. Investigations of police officers for misconduct are highlighted with penalties ranging from verbal warnings to suspension without pay and demotion. Three police officers were dismissed during the period covered by the report. Other areas noted include “service and policy” matters referred to police boards such as the use of “Street Checks”, the treatment of prisoners and the deployment of police officers for private activities. The Annual Report, including Appendices, is available at: https://opcc.bc.ca/reports/annual-report/
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A Police Act investigation into the off-duty conduct of two municipal police officers while in Cuba has been remitted to a disciplinary process. Under the oversight of the Office of the Police Complaint Commissioner, the RCMP conducted an investigation into allegations of discreditable conduct occurring while Vancouver Police Constable Mark Simms and Port Moody Police Constable Jordan Long were vacationing in Cuba. A preliminary decision by the External Discipline Authority, Chief Officer Dave Jones of the Metro Vancouver Transit Police, determined that there is sufficient evidence to proceed to a disciplinary process, which includes a discipline proceeding. If misconduct is proven to have occurred, the External Discipline Authority may impose a range of disciplinary or corrective measures up to and including dismissal.
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