The Office of the Police Complaint Commission is launching an appeal of a court decision that partially quashed elements of its investigation into suspended VicPD Chief Frank Elsner.
That decision by B.C. Supreme Court Chief Justice Christopher Hinkson, meant two of five allegations against Frank Elsner could not proceed to a disciplinary hearing.
Those 2 allegations involved an inappropriate relationship with a subordinate's wife, and inappropriate use of police department devices for sending sexually charged tweets to the woman.
The ruling found that the Victoria Police Board had already conducted an internal investigation, and reprimanded him with a private letter on his file, therefore the OPCC could not conduct another investigation.
Two other allegations involving whether Elsner provided misleading information and contacted witnesses will go to a disciplinary hearing depending on the results of another investigation requested by Elsner.
Another disciplinary hearing involving workplace sexual harassment is scheduled to proceed this Friday behind closed doors.
The Complaint Commission will file reasons for the appeal within 30 days, and that information will be released through their website. As the matter is before the courts, they will not make further comment.
It is known that the OPCC was examining the Supreme Court decision as they were concerned it impacted their ability to do their job.