Association argued charter rights were violated
After continuing a relationship with a former criminal, a senior detective in Abbotsford, B.C., with 21 years of experience was suspended and demoted by the police chief.
On March 23, 2015, chief constable Bob Rich ordered the detective (whose name was not publicly revealed) to stop any further contact with a man identified as “Mr. A.”
The man had recently been released from prison after he served 75 months in the U.S. for drug trafficking and money laundering.
“I have reasonable grounds to believe that a security concern exists in your relationship with Mr. A and I am confirming my order that you not have any contact with him while the necessary queries and investigations are conducted to determine the existence and extent of the security concern,” said a letter given to the detective.
Mr. A was involved with the Hells Angels in the import of cocaine into Canada and the export of marijuana to the U.S., and he was arrested in 2008. When his sentence ended Dec. 12, 2013, he received a five-year probationary term, but only for the U.S.
On March 7, 2015, the detective and Mr. A went on a blind date. When he told her of his past, the detective used the police records database to search his name and found he had no current criminal record.
Such a query (for her own personal use) was against the police department policy and the detective was given a reprimand.
Eventually, the chief of police heard about the relationship and he imposed a no-contact order for the detective.
On March 30, the Abbotsford Police Association grieved the order as an improper exercise of authority.
The detective admitted that during the process, she repeatedly had contact with Mr. A, in violation of the order.
She said various personal situations — including the death of a family dog and the suicide of a fellow police officer — were traumatic events and she needed to confide her feelings with Mr. A.
On June 2, she was suspended with pay for breaching the no-contact order. The suspension was lifted July 17.
A final decision was rendered on July 28 by the chief in a letter: “I am ordering the removal of (the detective’s) senior detective designation. I am aware that this will result in a five per cent reduction in pay and is a form of demotion.” A further suspension of 12 shifts was also imposed.
The no-contact order also remained in effect.
On July 31, the association again grieved the decision and said a Charter of Rights violation against the detective was made in regards to her freedom of expression and association.
Arbitrator Arne Peltz ordered the suspension be reduced to five days and the detective’s rank reinstated after one year.
“I have now ruled that stage 2 of the order infringed the detective’s charter rights. The detective cannot be disciplined for violating an unconstitutional order,” said Peltz.
The earlier decision to order no contact was made in an urgent situation and was justified because it was made before the police investigation found Mr. A was no longer involved in criminal activity, he said.
“I agree with the employer’s submission that the misconduct did cast doubt on the detective’s ability to serve as a mentor and leader, but a one-year loss of rank will be adequate as punishment and correction, following which the grievor will be able to perform again in the senior detective role. The detective’s professional abilities were never called into question,” said Peltz.
Reference: Abbotsford Police Board and Abbotsford Police Association. Arne Peltz — arbitrator. Donald Jordan, David Woolias for the employer. Craig Bavis, Jeff Sanders for the employee. Aug. 9, 2016.
