Pubdate: Fri, 20 Feb 2015
Source: Globe and Mail (Canada)
Copyright: 2015 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Authors: Sunny Dhillon and Mike Hager
Page: A1

B.C. POLICE FACE MISCONDUCT INVESTIGATION

Probe of 17 Abbotsford Officers Targets Use of Informants That Police 
Complaint Commissioner Fears May Have Led to Unfair Prosecutions

Seventeen police officers in the British Columbia city of Abbotsford 
- - once known as the "murder capital of Canada" for its gang wars - 
are being investigated for misconduct, with their chief pointing at 
how the officers handled informants.

The allegations against 8 per cent of the Abbotsford force are being 
investigated by British Columbia's Office of the Police Complaint Commissioner.

The commissioner, in a surprise statement Wednesday, said he is 
concerned the force's conduct may have led to unfair prosecutions and 
put cases at risk.

The Abbotsford police chief says 10 to 20 investigations have been 
put on hold pending the outcome of the misconduct probe. The Public 
Prosecution Service of Canada, which tries federal criminal offences, 
said it has initiated a review of the cases.

Rollie Woods, British Columbia's deputy police complaint 
commissioner, said information sworn for Abbotsford police search 
warrants - which can often come from informants - may have been 
"misleading or inaccurate." "The fear would be that if the search 
warrant was flawed, and evidence was gained as a result of that 
search warrant and that was used subsequently to prosecute someone - 
the term that the Public Prosecution Service uses is that would be an 
unsafe conviction. That's one of the aspects that we're looking 
into," Mr. Woods said in an interview.

The 148 allegations of misconduct against the 17 officers fall under 
the B.C. Police Act. They include corrupt practice, deceit and 
neglect of duty. One of the officers has also been charged criminally.

Abbotsford Police Department Chief Bob Rich first learned that one of 
his officers allegedly may have been involved in criminal activity 
after the chief was approached by two other members of the force. 
Chief Rich asked the Vancouver Police Department to investigate, and 
Constable Christopher Nicholson was arrested and charged in May of 2013.

The Crown alleged in an indictment that Constable Nicholson lied 
multiple times to fellow officers and attempted to obstruct justice 
by counselling two citizens in two separate incidents. The Crown 
alleged he asked a woman to remove a Facebook post, and a man to 
destroy other evidence.

Mr. Nicholson faces three counts of breach of trust, six counts of 
attempting to obstruct justice and one count of unsafe storage of a 
firearm. He is scheduled to go on trial next year. He has been 
suspended from the force without pay.

The Vancouver police investigation into Constable Nicholson raised 
additional concerns, which were shared with the complaint 
commissioner. A subsequent investigation was ordered by the 
commissioner in August, 2013. Headed by the chief of the New 
Westminster Police Department, the investigation led to allegations 
of misconduct against Constable Nicholson and 16 other Abbotsford officers.

Mr. Woods said more than half of the 148 allegations of misconduct 
are against Constable Nicholson.

Chief Rich said his officers are frustrated with the pace of the 
misconduct investigation. He said he believes they could already have 
been cleared.

He said the department recognized that it needed to overhaul the way 
it handled informants and had Vancouver police conduct an audit. He 
said Abbotsford police have implemented Vancouver's recommendations.

Chief Rich said every member of the organization is being given more 
information on informant handling, and the department is trying to be 
"more professional" in that respect.

Abbotsford, located about 70 kilometres east of Vancouver, recorded 
11 homicides in 2009 - the highest in the country on a per capita 
basis. Most were gang-related. The number of homicides has dropped in 
recent years, however.

About a dozen of the 17 officers under investigation were with the 
department's drug squad in 2009, when the force began its crackdown 
on violent gangs. The officers have been moved off of drug files as a 
result of the investigation.

B.C. Justice Minister Suzanne Anton said she was concerned to learn 
of the allegations, but is "very confident" the complaint 
commissioner will handle the investigation properly. She would not 
comment further, given the ongoing misconduct investigation and the 
impending trial of Constable Nicholson.

A spokesperson for the Public Prosecution Service said it was aware 
of the complaint commissioner's investigation, has launched a review 
of related cases and has "begun taking steps to address" the matter.

Abbotsford Mayor Henry Braun, in an interview, said he was under the 
impression the misconduct involved "more the dotting of i's and 
crossing of t's" than serious and systemic issues.

The statement from the police complaint commissioner said it had not 
been able to "properly perform its oversight role" due to the lack of 
adequate disclosure from the investigating police departments. It 
said the delay was due to the "sheer magnitude of the investigative 
materials," as well as the complexity of the investigation.
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MAP posted-by: Jay Bergstrom