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September 05, 2008

PSWA CANADA

is nominating the Victoria Police Board for the

RUBBER STAMP AWARD

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Dirk Ryneveld OPCC Commissioner has once again shown he is on the side of police, when he decided not to hold a Public Hearing into Battershill. Read the following and see what else Battershill has been up to!

BATTERSHILL PUBLIC HEARING REQUEST

Filed Aug. 28, 2008 With The OPCC

Victoria, British Columbia CANADA

A Public Hearing request has been filed today with the OPCC by a complainant concerning Victoria's ex-chief of police Paul Battershill, of the Victoria Police Department

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The complainant stated in the request for a Public Hearing;

Chief Battershill unlawfully acted as his own Discipline Authority in the complaint when the complainant named Battershill a respondent. According to the laws set out in the BC Police Act the Discipline Authority should have been the Chair of the Victoria Police Board, Mayor Alan Lowe.

Not one officer ever contacted the complainant during the investigation.

Battershill stated that "the officers involved are being investigated,the call taker, the dispatcher, and the supervisor involved were not being investigated".

The Policy Complaint was never forwarded to the Police Board as is required by law in the BC police act. The Policy of Victoria police giving only verbal subjective reports to Royal Jubilee hospital ER staff when police take citizens under mental health interventions, is still a policy Concern today.

The complainant stated that, "The Investigation Was Flawed From The Start".

Those were just some of the reasons for requesting a Public Hearing, there were more listed, said the complainant.

According to the BC Police Act, BC'S Police Complaint Commissioner Dirk Ryneveld has 10 days to make a decision on calling a Public Hearing into Battershill, the commissioner MUST notify the Discipline Authority, the complainant and the respondent of the decision.

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Police and lawyers sleeping in the same bed!

August 27, 2008

In 2002 Battershill Victoria's police chief decided to not have himself investigated!

Do citizens have a right to know? Yes!

Case involved a local Victoria business man seeking 810 Peace-Bond at the Victoria Law Courts, against the individual who unlawfully retrieved from his lawyer (well known law firm in Victoria), his client-solicitor-privileged documents without a Court-Order.

Victoria police refused to investigate theft of documents, Victoria police said "get a lawyer, it's a matter for the Courts"! So thats exactly what the business man did the following day.

Justice of the Peace told citizen "You have a Just Cause to file an 810 Peace-Bond against the individual who retrieved your documents. The business man stated an 810-peace-bond would prevent the same individual from retrieving his documents from his home or office unlawfully.

The BC Law Society found the lawyer guilty on many counts. The lawyer assured his client that nobody can get your documents without a Court-Order! The lawyer left the law firm after releasing his clients documents.

Lawyer did not even tell his client he left the firm! Within 24 hours of the business man asking Victoria police to file a report on the unlawful release of his client-solicitor-privelged documents, the Victoria businessman was taken by police to Royal Jubilee hospital, involuntarily committed, and drugged against his free will, without first having a call to family or lawyer!

According to written documents from Battershill Victoria's ex-chief , he had believed:

police are not obliged to read citizens their rights under the Charter under BC Mental Health Act Sect. 28 apprehensions.
an incorrect entry in a physician's consult report is not a matter for the police to investigate.
as police chief he did not have to forward the Form One complainst against himself to his Discipline Authority Mayor Lowe.
the policy complaint found in this Form One complaint did not have to be forwarded to the Police Board.
Victoria police officers are not required to talk to the complainant when investigating the complaint regarding chief Battershill, his officers, or policy concerns.
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Battershill wrote in final report to complainant:

The call taker, dispatcher and the police supervisor were not investigated!
"Police are not obliged to read the Charter warning when police arrest or detain someone under the Mental Health Act Sec. 28"
The Canadian Charter of Rights and Freedoms says othwise, yes citizens in Canada have a right to a phone call.
Listen up Mayor Alan Lowe and OPCC Commissioner Dirk Ryneveld. The two of you appear to be the only people in British Columbia that can keep citizens from losing trust in the police, the Complaints Commission, and the Victoria Police Board regarding the Chief Battershill affair.
The Special Committee to Review the Police Complaint Process (SCTRTPCP) hearings, must be remembered because many people will be waiting to see if Justice will be done, or if JUSTICE WILL BE SEEN TO BE DONE!
Be honest and open with the public, the people expect no less.  British Columbians need to know what Battershill did. If its kept a secret, some may conclude the Commission may be acting no different than a Secret Society.
Being a police complaint commissioner must be a tough job. PSWA Canada wishes you the best with your decision.
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Our researchers have selected a few quotes from Ex-Victoria's Chief of police Paul Battershill and Dana Urban who was Senior Council for The Office of the Police Complaint Commission who attended the Hearings of (SCTRTPCP).
Battershill told The Special Committee to Review the Police Complaint Process (SCTRTPCP)
Issue No. 23 May 8, 2002
"Cops hate bad cops, more so than a civilian ever would, because it goes against what we're suppose to be". "-mark my words-ten years from now, if it goes to an external investigative model, it'll be very legalistic. I'll be long gone, but it'll be fascinating to read about".
"I meet members of the bench quite often, and we have a relationship. We talk about broader concerns.  I do it with senior media people. Those relationships at senior levels are important. The key is that you have to have some faith that the people aren't going to do unethical things".
More Battershill statements, "You probably know more about the act than I do, because I don't read it in detail".
COMPLAINTS AGAINST A CHIEF OF POLICE
May 8, 2002
" if I get involved in dialogue with a complainant and they file against me because they weren't happy with the conversation, we're going to end up with another police chief from another force investigating any comments that were made".
SERVICE AND POLICY COMPLAINTS
Feb 11, 2002
"THE SERVICE AND POLICY ones are something the Police Board should look at for the wider delivery of services"
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Dana Urban ex-BC Police Complaint Commission Counsil told the (SCTRTPCP) April 15, 2002
"I think the public need for the truth is greater than mine as an individual".
"I have everything to lose except one thing, and that is my own dignity".
"Nelson Mandela has said that those who stand silent in the face of evil indict themselves. By summoning me here, you have allowed me to not be silent".
"In my view, there is a great societal need for effective, independant, impartial and unbiased civilian oversight. By using the words"[independent, impartial and unbiased], " I mean the real sense, not just flowery words."
"However, like any other group, there are individuals within police departments who do not deserve the honour or the privilege of being called a police officer. Of that I have no doubt."
"The Oppal model's substantive soundness can be likened to a beautiful piece of architectual work for example, the CN Tower. Looking at a tower such as that from the distance, the tower appears quite imposing a large, functional blob suspended high in the air by a very narrow or skinny concreate support pillar. One can examine that tower from a distance and admire it and look at the cement casings supporting it and, not seeing any cracks or chinks undermining its strength, conclude that there are not problems with the tower. However, it is not soley the visible cement that supports the structure but what we cannot see from a distance, what we cannot see from the outside. The rebar inside the cement is what gives it its ultimate strength. If the rebar is faulty, the tower will collapse, and many who trust in its strength will be harmed."
"We live in a canadian society that cherishes human life and a society where the paramount and most fundammental right is the right to life."
"I direct your attention to tab 3. I quote from the police code of ethics, paragraph 13.: "[As a member of the community and as a police officer, I recognize that my fundamental duty is to protect life]."
"Going on the second paragraph:" [I will faithfully discharge my duties in a just, impartial and reasonable manner, preserving the equality, rights and priviliges of all persons, as guaranteed by the Canadian Charter of Rights and freedoms]."
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There are many submissions made to the (SCTRTPCP) by various organizations. A few above just gives the reader a sample.
The complaints commission has a duty to the people of British Columbia.
Pacific South Western Advocates takes issue with the Police Complaints Commission regarding some of their decisions regarding past Police Act Form One complaints against Ex-Chief Paul Battershill.
In 2002 a complainant filled out a Form One complaint form and faxed it to the Office of the Police Complaint Commission.
The complainant named two officers as respondants who were directly involved in the complainants apprehension at or near the Law Courts. The complainant was in the process of filing an 810 Peace-Bond against an individual who retrieved some of the complainants client-solicitor-privileged documents without a Court-Order from the complainant's lawyer.
The Law society found the lawyer guilty of several breaches stating the documents were to be protected, and the Society stated the lawyer who also left the law firm should have notified his client he was doing so.
The complainant was told by Crown to go to saanich police first before Crown could look at documents and file Peace-Bond.
Citizen then asked Crown to call Victoria police to go with him to Saanch police so Victoria could explain why they refused to take a complaint that happened in Victoria the day earlier. It was Victoria police who told citizen the day before to go to the Law Courts, get a lawyer. Crown called Victoria police and told them citizens wishes, but then Victoria police officers put him in handcuffs and took him to Royal Jubilee Hospital ER under BC Mental Health Act Section 28.
( Saanich had written to citizen later that anyone can go to the Law Courts and file an 810 peace-Bond, they don't have to go to police).
GO TO NEWS BUTTON ON THIS SITE FOR MORE........ON THIS STORY!
Want to e-mail us
PSWA Canada at pswa@broadpowers.com
Hats off to all those citizens who became honest police officers to serve and protect.
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We are currently following the story of Victoria's Ex-Chief of police Paul Battershill.