A disciplinary decision against a former Vancouver police sergeant, who was found to have improperly shared degrading messages about a colleague who was sexually assaulted, has been voided after authorities realized the senior officer who oversaw the investigation retired a week before it was issued.
The disciplinary decision must now be reissued, dragging out the victim91裸聊视频檚 pursuit of justice over how she was treated by colleagues in the wake of the 2019 attack.
She called the situation a 91裸聊视频渟crew-up91裸聊视频� by the Office of the Police Complaint Commissioner, which she said had failed its oversight mission.
Former New Westminster police chief Dave Jansen had been appointed by the office as the discipline authority in the investigation of former sergeant Narinder Dosanjh.
Jansen found Dosanjh committed 91裸聊视频渄iscreditable conduct91裸聊视频� by sharing 91裸聊视频渄isrespectful91裸聊视频� commentary written by someone else about the 2021 court testimony by the woman, whose attacker was fellow Vancouver police officer Jagraj Roger Berar.
While Jansen91裸聊视频檚 finding was issued on Oct. 11, about three weeks before Jansen91裸聊视频檚 retirement on Oct. 31, his separate discipline decision that recommended a written reprimand and additional workplace training was not issued until Nov. 6.
The Canadian Press has obtained a copy of a letter from deputy police complaint commissioner Andrea Spindler dated Nov. 15 that said Jansen91裸聊视频檚 retirement meant it did 91裸聊视频渘ot appear that he satisfied the definition of a 91裸聊视频榙iscipline authority91裸聊视频�91裸聊视频� under the Police Act.
91裸聊视频淎s a result, I am of the opinion that Former Chief Constable Jansen had no authority to issue his 91裸聊视频� decision, and that the decision is a nullity having no legal effect,91裸聊视频� Spindler91裸聊视频檚 letter says.
Spindler91裸聊视频檚 letter says there were 91裸聊视频済ood reasons91裸聊视频� to extend a deadline to issue a discipline decision 91裸聊视频減roperly.91裸聊视频�
The letter says the extension now expires on Dec. 13.
The Office of the Police Complaint Commissioner said in a statement in response to questions about the case that 91裸聊视频渋t would be inaccurate to state that the OPCC nullified any decision.91裸聊视频�
91裸聊视频淚n light of the retirement, our office issued an extension in order for the discipline decision to be issued in accordance with the requirements of the Police Act,91裸聊视频� it said, adding that it would make no further comment on the case.
Berar was convicted of sexual assault in the originating case and sentenced to a year in jail in 2021.
The name of the victim, who was also the complainant in the disciplinary case against Dosanjh, is covered by a publication ban.
She said in an interview that Spindler91裸聊视频檚 letter was a 91裸聊视频渟ad display91裸聊视频� of how the commissioner91裸聊视频檚 office runs.
91裸聊视频淭he oversight is not this boisterous oversight that the public thinks it is,91裸聊视频� she said.
She also said she didn91裸聊视频檛 believe the punishment Jansen originally handed down to Dosanjh was sufficient, and she was now uncertain whether he would be disciplined at all.
91裸聊视频淭hey have failed as the oversight body for policing. This is their screw-up,91裸聊视频� she said.
91裸聊视频淵ou would think the people that are enforcing the Police Act rules would have recognized that (Jansen) retired in the middle of all this and now they91裸聊视频檙e providing their own extension for their own mistake in order to figure out what to do, but they don91裸聊视频檛 even have the ability to tell me what it is they91裸聊视频檙e going to do.91裸聊视频�
Dosanjh was found by Jansen to have improperly shared text messages detailing a 91裸聊视频減lay-by-play91裸聊视频� account of court testimony given by the officer who was sexually assaulted by Berar in 2019.
The messages that were originally shared in an unofficial police group chat called the woman a 91裸聊视频渂ad drunk91裸聊视频� and said there was 91裸聊视频渘o way91裸聊视频� Berar would be convicted.
The woman, who has left the Vancouver Police Department but still works in policing, made a complaint to the commissioner after learning about the texts from a colleague.
Although her original complaint against a senior Vancouver police officer who she and others believed wrote the texts in the courtroom were not substantiated, Dosanjh was found to have committed discreditable conduct by sharing them.
Dosanjh told the officer investigating the complaint that he was a 91裸聊视频渇all guy,91裸聊视频� and he didn91裸聊视频檛 think the messages were 91裸聊视频渄egrading, humiliating or derogatory.91裸聊视频�
91裸聊视频淚 disagree,91裸聊视频� Jansen wrote in his decision, adding that the running commentary appeared supportive of Berar and reflected 91裸聊视频渁ll-too-common myths91裸聊视频� about women who make sexual assault allegations.
Jansen found that Dosanjh was a senior officer and aware of the 91裸聊视频渧ulnerability of victims of sexual crimes and of the myths that surround sexual assault victims.91裸聊视频�
The complainant, along with several other female former municipal police officers, is one of the lead plaintiffs in a class-action lawsuit against more than a dozen municipal police forces in British Columbia.
The lawsuit alleges pervasive harassment, bullying and discrimination, including misogynistic comments, unwanted touching and sexual assault.
The case is in court in Vancouver this week as lawyers for the former officers, the police forces and their respective cities try to map out how the case should proceed since the class of female officers has not been certified.
Justice Bruce Elwood said in court on Monday that it 91裸聊视频渕ight be years from now91裸聊视频� before the court deals with certifying the case.
