B.C. Police Challenge Privacy Limits as Investigators Examine Chat Groups

A legal battle over privacy rights is unfolding in British Columbia as police officers in Nelson challenge the constitutionality of an investigation into private chat groups containing work-related discussions, memes, and explicit content.

The Office of the Police Complaint Commissioner (OPCC) launched an inquiry in 2022, stating that messages shared among current and former Nelson police officers included pornographic images and inappropriate material.

Three active officers—Adam Sutherland, Nathaniel Holt, and Sarah Hannah—along with former officers Jason Antsey and Robert Armstrong, have filed a B.C. Supreme Court petition arguing that the seizure of their personal phones violates the Canadian Charter of Rights and Freedoms.

“The public interest in police accountability does not justify such an invasive breach of privacy,” their petition states.

The officers maintain that they had a reasonable expectation of privacy within their WhatsApp group and that the Police Act provision allowing for phone searches oversteps constitutional boundaries.

Nelson Police Chief Donovan Fisher declined to comment, stating that the department had taken “prompt and appropriate action.”

Wider Scrutiny of Private Police Chats

The Nelson case is one of several ongoing investigations into police chat groups in B.C.

Coquitlam RCMP Officers Face Possible Dismissal

Three Coquitlam RCMP officers—Ian Solven, Mersad Mesbah, and Philip Dick—are facing a code of conduct hearing over racist and offensive messages exchanged on WhatsApp and Signal.

A fellow officer described their behavior as “atrocious”, and an RCMP conduct board ruled that their personal phone data could be admissible evidence, stating that public trust in law enforcement must be upheld.

Vancouver Police Chat Controversy

In another case, a former Vancouver Police Department officer was found to have engaged in discreditable conduct by sharing a screenshot of court testimony that disparaged a female officer who had been sexually assaulted.

The private Signal chat group contained inaccurate and dismissive remarks about the victim, including predictions that her attacker—fellow officer Jagraj Roger Berar—would not be convicted. Berar was ultimately sentenced to one year in jail in 2021.

Investigators found that multiple chat groups were in use within the Vancouver Police Department, discussing everything from social gatherings to official police business like overtime allocation.

However, when a Freedom of Information request was filed for records of the chats, Vancouver police stated they had no records of the conversations, adding that Signal was not an officially sanctioned communication tool.

Privacy vs. Accountability

As officers in Nelson, Coquitlam, and Vancouver challenge the use of private communications in disciplinary cases, the outcomes could have widespread implications for police oversight and privacy laws across Canada.

The OPCC maintains that accountability is paramount, while officers argue that the seizure of personal data from their devices sets a dangerous legal precedent.

With court challenges underway, the balance between officer privacy and public trust remains at the center of the debate.