The lawsuit says the B.C. Police Act contravenes the Charter of Rights and Freedoms
Five Nelson police officers accused of sharing racist content in a WhatsApp group chat have begun a constitutional challenge that argues their privacy was infringed by the B.C. Police Act.
When contacted by email, the officers' lawyer Christine Joseph said the case should be considered important by every municipal B.C. officer. The lawsuit, first reported by the Vancouver Sun, says the Nelson officers had “reasonable expectation of privacy in the WhatsApp communications; the law authorizing the search and seizure is unreasonable; and the search and seizure were carried out in an unreasonable manner.”
The contents of the chat were obtained from Sutherland by investigating officer Sgt. Scott Hyde of the Vancouver Police Department, who had been assigned the case by the OPCC.
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