Victoria police chief's challenge of external investigation into tweets underway

Lawyers for Victoria Police Chief Frank Elsner were in court Monday to challenge an external investigation into allegations he sent inappropriate Twitter messages to the wife of one of his officers.

Frank Elsner is trying to challenge part of the B.C. Police Act in an attempt to quash the police complaint commissioner's external investigation.

On Monday morning, preliminary matters were addressed and Elsner's lawyers said they intend to file an application for disclosure of email exchanges between the mayors of Victoria and Esquimalt and police complaint commissioner Stan Lowe.

The Police Act allows external investigators with the Office of the B.C. Police Complaint Commissioner to search police premises, equipment and records, without having to obtain a warrant when investigating alleged misconduct at municipal departments. 

Elsner's lawyers are arguing those provisions violate Charter protections against unreasonable search and seizure.

The hearing is expect to run two to three days.

Reprimanded after internal investigation

In December of 2015, Elsner apologized for what he called an exchange of private, direct messages with the woman who is not his wife.

The apology followed an internal investigation into Elner's actions. AT the time, board co-chair and Esquimalt Mayor Barb Desjardins said the investigation had found there was no inappropriate relationship involving Elsner and there was no breach of the public's trust in the department. The police board voted to keep him on as chief.

Elsner, however, was formally reprimanded which went on his service record.

Then, in April, he was suspended following allegations of misconduct.

Following the internal investigation,  Lowe ordered an external investigation, claiming he found the original internal process lacking.

Lowe ordered RCMP Chief Supt. Sean Bourrie to lead the investigation with assistance from the Vancouver Police Department.

Elsner originally tried to argue the external investigation amounted to an abuse of process and that the complaint commissioner did not have the authority to carry it out.

He's since amended that and his lawyers will now try to argue that part of the B.C. Police Act is unconstitutional.