CHIEF JUSTICE HINKSON TO HEAR CHIEF CONSTABLE ELSNER’S PETITION

Thursday, September 1, 2016

November dates have been set in the Supreme Court of BC to hear Chief Frank Elsner’s Petition to quash the Order for an External Investigation made by the Police Complaint Commissioner on December 18, 2015. Chief Justice Hinkson is to preside in open court November 14, 15, 16 and 18.

Together with the Police Complaint Commissioner, Victoria Mayor Lisa Helps and Esquimalt Mayor Barbara Desjardins, Co-chairs of the Victoria and Esquimalt Police Board, are named as Respondents in Chief Elsner’s Petition in their capacity as Internal Discipline Authority under the Police Act. 

The Mayors, through their lawyer, filed a response to the petition on August 2, 2016.

Chief Constable Elsner Petition

Mayor Desjardins Affidavit

Mayor Helps Affidavit

Co-Chair's Response to Petition

Chief Constable Elsner Amended Petition

Preliminary matters will be addressed on September 30, 2016. These include Chief Elsner’s application to seal a number of documents including: 

  • the investigative report used in the Internal Discipline proceeding;
  • details of his employment contract;
  • progress reports related to ongoing External Investigations ordered by the Police Complaint Commissioner;
  • the contents of the messages, which were sent over Twitter, and keep private the identities of the subordinate and his wife.

The Victoria and Esquimalt Police Board is pleased that a Court date has been set to hear Chief Elsner’s Petition. Chief Elsner’s Petition asks the Court to uphold a discipline decision rendered by Mayor Desjardins and Mayor Helps in their capacity as Internal Discipline Authority under the Police Act.

The Board is pleased that firm dates have been set for the hearing of the Chief’s Petition and we look forward to a fair process and prompt resolution of these matters.

As these matters are before the Court, it would be inappropriate to comment further at this time.

Contact:

City of Victoria Mayor Lisa Helps,

Co-Chair Victoria and Esquimalt Police Board

Cell: 250.661.2708