A Vancouver cop has been suspended with pay over what a police board member described as “an inappropriate poster” displayed in the department’s forensic identification unit that is now part of a larger proposed class-action lawsuit.
The suspended officer was not named by police board member Faye Wightman in comments she made at a Sept. 21 board meeting regarding the poster that featured the tag line “swabbing penises for over 100 years.”
But Vancouver Deputy Chief Steve Rai said at the same meeting that the officer in question was suspended with pay after the Office of the Police Complaint Commissioner requested an internal investigation.
More details of the incident and poster were shared in a civil claim filed Oct. 11 in B.C. Supreme Court by six current and former municipal police officers, including VPD Const. Anja Bergler and a former VPD officer, who cannot be named because of a publication ban.
The officers in the proposed class-action lawsuit allege one or more of the following: sexual assault, harassment, bullying or discrimination by other officers and management of the departments in which they continue to serve or have since resigned from.
The six women state in their claim that the action is also being brought forward on behalf of all women — or persons who identified as a woman at the time of their service — who are employed or were employed at one of B.C.’s 13 municipal departments.
'Unwanted sexual comments'
Bergler alleges she was subject to unwanted sexual comments in the workplace and had her photograph included on a framed poster displayed in the classroom of the VPD’s forensic identification unit.
From Aug. 11 to 23, the “parody” poster with the “swabbing penises for over 100 years” tag line was displayed on a wall. Photographs of seven other female officers were featured on the poster.
“Although male [forensic identification unit] officers will, under certain circumstances, obtain penile swabs from sexual assault suspects, female [forensic identification unit] officers do not,” said the claim, which alleged the poster breached the privacy of Bergler and the other women whose photos appeared on the poster.
In response to the poster, police board member Patricia Barnes said at the Sept. 21 meeting that it was important for the board to “send a clear message” that it does not condone workplace misconduct “and endeavours to ensure that all allegations of workplace misconduct are responded to and dealt with promptly and effectively.”
Barnes successfully introduced a motion that makes several recommendations for the department and board to act upon, including directing Chief Adam Palmer “to prepare and deliver any reports, documents, papers, data, information and material of any kind requested by the human resources committee in a timely manner that that does not impede its work.”
Vancouver chief's response
Palmer told the board that the vast majority of the recommendations are already in place.
“I just don't want people on the outside to think this is something new that's going to be refreshing or new to us because it's not,” the chief said.
“There's a few areas here we can tweak around the edges, but most of this is being done. We've been doing this for a long time as a course of business, providing this information. So I just want to get that on the record.”
Palmer didn’t make any comments related to other allegations which have now gone public in the civil claim, which includes information about a former VPD constable being sexually assaulted by another VPD officer.
The officer was arrested, convicted and sentenced to one year in jail. The claim alleges the VPD “controlled the investigation” and “did not acknowledge [the officer's] victimization.”
Allegations made by the officer who cannot be named because of a publication ban include being subject to “harassing behaviours.” In one incident, she received an email from a fellow officer containing an explicit video involving a woman engaged in sexual act with a horse.
“[The officer] was routinely ‘fined’ for minor [or perceived] infractions which included demeaning domestic tasks like waiting on other officers and stocking a cooler with alcoholic beverages,” the claim said.
“[The officer] complained to sergeants and others in VPD management about the gender-based harassment that she was experiencing, but these complaints were never addressed and led to retaliatory abuse, often including being publicly identified as not being a ‘team player.’”
The officer continues to work as a police officer but the claim doesn’t indicate with which department.
'Feel safe, supported in workplace'
The VPD’s media department sent an emailed statement Monday to Glacier Media in response to the lawsuit which echoed Barnes’ comments, saying the VPD has zero tolerance for harassment, bullying, racism and discrimination.
“In recent years, we have made strides forward to become a more equitable, diverse, and inclusive organization, but we know there is more work to do,” the statement said.
“The VPD is fully committed to continuing the important work to ensure that all VPD employees feel safe and supported in their workplace.”
The VPD added that every file brought forward is investigated and reported with multiple streams of oversight from the Independent Investigations Office, the Office of the Police Complaint Commissioner and/or the criminal courts.
'Unwanted sexual touching'
Other allegations in the claim include:
• Cary Ryan, who served with the West Vancouver Police Department from February 2004 to October 2009, alleged she experienced unwanted sexual touching and comments in the workplace.
“Ms. Ryan was exposed to graphic, misogynistic photographs of a woman on her period, and was routinely exposed to unwanted physical contact and invitations for sex with co-workers,” said the claim, which added Ryan was later diagnosed with clinical depression.
• Lauren Phillips served as a police officer in Victoria for two years and with the New Westminster Police Department (NWPD) for almost five years, until leaving in July. She continues to serve as an officer, but the claim doesn’t indicate at which department.
“While working with the NWPD, Ms. Phillips experienced, among other things, unwanted sexual comments in the workplace,” the claim said. “Ms. Phillips was called a ‘hot mama’ and had other comments about her ‘child-bearing hips’ made by a male officer.”
On several occasions, the claim continued, she complained about the harassment but the complaints “were not, or insufficiently addressed and led to retaliatory abuse, often at the hands of NWPD management.”
• Helen Irvine served with the Delta Police Department (DPD) from March 2014 to April 2022. She was diagnosed with major depressive disorder "as a consequence of the ongoing harassment she experienced," according to the claim.
She alleged unwanted sexual touching and comments in the workplace.
"Fellow officers drew a penis in Ms. Irvine's notebook, with the caption 'next time it won't be a sticky note,'" the claim said. "Ms. Irvine was also frequently compelled to play a game of 'would you rather' where questions of a sexual nature were asked of her."
• Ann-Sue Piper, who has served with Central Saanich Police Service since September 2008, alleged she experienced unwanted sexual touching and comments in the workplace.
“Ms. Piper was exposed to routine ‘jokes’ about oral sex [blow jobs], frequently was touched on her buttocks by fellow officers and was threatened to be penetrated with a service rifle by a male officer,” said the claim, which added Piper was later diagnosed with severe complex post-traumatic stress disorder.
'Will not be tolerated'
Delta Police Department acting-Insp. James Sandberg said in an email Monday that the Office of the Police Complaint Commissioner concluded in March 2018 a complaint from "a third party" alleging bullying and harassment in 2017.
Sandberg confirmed the "third party" was Irvine. He said the "discipline authority" in an investigation determined "the evidence did not meet the threshold required to substantiate misconduct by the officers involved."
"As this case is now moving into civil court proceedings, the DPD will refrain from making any further comments regarding the complaint or the impending lawsuit," Sandberg said of Irvine's allegations in the claim filed last week.
The Central Saanich Police Service posted a statement on its website regarding the lawsuit, saying it would not comment on individual cases “out of respect for privacy of those involved and the court process.”
“Central Saanich Police Service wishes to make it clear that any form of harassment, violence, and discrimination by our members or staff is unacceptable and will not be tolerated by the police service,” the statement said.
“The service is committed to upholding the values of equity, diversity, and inclusivity in the workplace. We strongly encourage anyone who has experienced harassment, violence or discrimination to come forward, and our management team is committed to supporting these individuals and ensuring reports are taken seriously and addressed in a fair and transparent manner.”
None of the allegations has been proven in court.
As of Monday, the departments and cities named in the civil claim had not filed responses in court.
