New Victoria police chief should be disciplined for old complaint: group
A social advocacy group is calling for disciplinary action against incoming Victoria police chief Jamie Graham, who was reprimanded while heading up the Vancouver Police Department but retired before any punishment could be imposed.
The Pivot Legal Society said Graham is again subject to the B.C. Police Act now that he has come out of retirement to assume his new position, which was announced Monday.
Graham was the subject of an investigation last year, the results of which were made public last month.
The probe concluded Graham was guilty of "discreditable conduct" because he failed to make his officers co-operate with an RCMP investigation into allegations of police brutality on the Downtown Eastside.
"The only reason why the Vancouver police board said they couldn't discipline him [Graham] was because he was retired," said Doug King, a lawyer with Pivot. 'Now he is employed again; he's back under the Police Act.
'I am satisfied with the conclusion [of the investigation]. It's old news, as far as I am concerned. I've moved on.' — Jamie Graham, new Victoria police chief
"We are going to be writing to the police complaints commissioner and basically asking him to hold a new discipline hearing because he is now back in the system."
In 2003, Pivot filed complaints against the Vancouver force alleging 50 cases of police misconduct toward residents of the Downtown Eastside.
Police complaints commissioner Dirk Ryneveld asked that the allegations be investigated by the RCMP, which found some of them had merit but complained that some Vancouver police officers had failed to co-operate with the RCMP investigation.
Ryneveld then, in June 2007, asked Delta police Chief Jim Cessford to look into Graham's conduct specifically.
"It is my view that there is clear and convincing evidence that Chief Graham committed, through his inaction, the Code of Conduct offence of discreditable conduct," Cessford concluded in his report.
"Chief Graham did not fully exercise his authority in ensuring that his members co-operated as required," his report said.
Graham would have faced a mild form of discipline known as "management advice," but he retired, and no discipline was imposed.
King said Monday that Graham's file should be reopened.
"We are hoping this can be precedent-setting and sends a clear message that you cannot escape discipline in the provisions of the police act by retiring or going on leave," King said.
"Any officer that transfers from one jurisdiction to another or changes locations shouldn't be exempt from punishment."
New chapter in Victoria, says Graham
Graham will officially take over the 200-member Victoria Police Department on Jan. 1.
At a news conference in Victoria Monday, Graham said the Vancouver chapter is closed, and he is more concerned about morale building in Victoria.
"Chief Cessford's recommendation was that should I have stayed in Vancouver they would have recommended managerial advice, which was the lowest form of sanction," Graham said.
"I am satisfied with the conclusion [of the investigation]. It's old news, as far as I am concerned. I've moved on."
Graham's appointment was also criticized for being made before Victoria's new mayor and soon-to-be police board chair, are sworn in, but mayor-elect Dean Fortin said Monday he's not bothered by that.
"One of my main priorities was safety in our downtown [and] safety in our communities. Hearing that commitment [from Graham] is also important to me."
Along with improving public safety, Graham said he will command a department that's transparent and accountable.
"The disorder in some areas of the downtown must end. Every person who lives here or visits here has the right to walk anywhere in this beautiful city without fear."