The embattled Chief of the Victoria Police Department has launched another court effort this time trying to declare sections of the Police Act unconstitutional.
Frank Elsner says provisions of the act, allowing the BC Complaints Commissioner to search equipment, records, and premises without a warrant, violates the charter.
In response, Deputy Police Complaints Commissioner Rollie Woods says the act, agreed to by all police departments, allows his office to do its job.
“This legislation was passed so that we could provide oversight of the police and part of that is accountability and transparency. If we can’t hold the police to account and we wouldn’t be able to say look at documents that the police department have or access them through the police then I think it would be pretty impossible for us to do our job.”
Woods says his office will respond.
“The petition that has been filed by the Chief Constable is in the hands of our lawyers and I am expecting that we would have a response prepared and submitted in due course but within a short period of time.’
Woods says if the judge were to rule for Elsner it would kneecap the ability of his office to hold police to account.
“Well it would be impossible for us to do our job if we didn’t have access to the information that is in the hands of the police.”
Elsner has been suspended over allegations of exchanging inappropriate text messages with the wife of a subordinate officer.
He’s also facing several accusations including attempts to destroy evidence as he fights efforts to oust him over his alleged conduct.