Suspended Victoria police Chief Frank Elsner wants a judge to declare parts of BC’s Police Act unconstitutional because they violate Charter protections against unreasonable search and seizure.
The act allows the Office of the Police Complaint Commissioner to search police premises, equipment and records, without having to obtain a warrant.
Elsner also claims investigators went beyond Police Act provisions by searching his personal email, Twitter account and devices without proper authorization.
Elsner is seeking to have his devices returned and any records obtained from the searches destroyed.
This is the latest development in the ongoing investigation into allegations that he exchanged “inappropriate” Twitter messages with a subordinate’s wife, and then allegedly took steps to try to destroy evidence.
Elsner is also requesting a publication ban on information that could come to light, including the contents of the Twitter messages, the identity of the woman and her husband and details of his employment contract.