Victoria police officer and drug legalization advocate to get B.C. Human Rights Tribunal hearing

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      The B.C. Human Rights Tribunal has noted that a police department restricted the off-duty activities of an officer who believes in ending the war on drugs.

      In a decision today (December 16), tribunal member Robert Blasina wrote that there is “no dispute” that the Victoria Police Department sought and continues to limit the public advocacy of Const. David Bratzer when he’s not in uniform.

      The question that remains is whether or not the VicPD contravened the B.C. Human Rights Code.

      “At a hearing, the Tribunal will be concerned with whether the Respondents have gone too far,” Blasina wrote in the decision.

      Bratzer is a spokesperson for Law Enforcement Against Prohibition, an international organization of current and former criminal justice professionals who are in favour of drug legalization.

      In 2013, Bratzer filed a complaint of discrimination in the area of employment on the ground of political belief.

      Named as respondents were the VicPD, then chief constable and now retired Jamie Graham, and Inspector Jamie Pearce.

      As the tribunal member summarized, Bratzer claimed that the respondents “have attempted to seize control of his private life, and have gone beyond the normal bounds of an employer’s scope of control”.

      Blasina noted that there “seems to be no dispute” that Bratzer upholds existing antidrug laws as a Victoria police officer “regardless of his personal opinion about them”.

      “However, he presents himself to the public as opposed to the laws he is employed to uphold. That he expresses his beliefs outside of working hours, does not unequivocally excuse him from the scrutiny of his employer,” the tribunal member wrote.

      Blasina continued: “It is trite law that an employer has an interest in an employee’s conduct (including speech) outside of the workplace when that conduct may be prejudicial to the interests or reputation of the employer.”

      Although Blasina makes no finding yet whether or not the human rights code was contravened, he granted the application to drop Graham and Pearce as individual respondents.

      According to the tribunal member, Graham and Pearce acted “within the scope of their managerial authority on behalf of the VicPD”.

      The complaint will proceed with VicPD as sole respondent.

      Comments

      3 Comments

      Malcolm Kyle

      Dec 17, 2014 at 3:55am

      Prohibition has finally run its course; the lives and livelihoods of hundred's of millions of people (users and non-users) worldwide have been destroyed or severely disrupted; many countries that were once shining beacons of liberty and prosperity have become toxic repressive smoldering heaps of hypocrisy and a gross affront to fundamental human decency. It is now the duty of every last one of us to insure that the people who are responsible for this shameful situation are not simply left in peace to enjoy the wealth and status that their despicable actions have, until now, afforded them. Former and present Prohibitionists should not be allowed to remain untainted or untouched by the unconscionable acts that they have viciously committed on their fellow human beings. They have provided us with neither safe communities nor safe streets. We will provide them with neither a safe haven to enjoy their ill-gotten gains nor the liberty to repeat such a similar atrocity.

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      M. Bartlett

      Dec 17, 2014 at 2:14pm

      Kudos to this cop for having the courage to stick up for what he feels is the right thing to do ... too bad more cops do not have this man's moral fibre.

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      Teresa54

      Jun 14, 2015 at 10:31pm

      I had the pleasure of campaigning with David Bratzer for Sensible B.C. and I have nothing but admiration for him. He is the exactly the kind of person we want to protect us. Kind, open minded. conscientious and willing to speak up in the face of adversary and personal loss.

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