Pubdate: Tue, 29 Oct 2013
Source: Victoria Times-Colonist (CN BC)
Copyright: 2013 Times Colonist
Contact: http://www2.canada.com/victoriatimescolonist/letters.html
Website: http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Author: Katie DeRosa
Cited: Law Enforcement Against Prohibition: http://www.leap.cc/

PRO-LEGALIZATION COP FILES COMPLAINT

Discrimination by VicPD Alleged; B.C. Tribunal to Investigate

A Victoria police officer who is an outspoken advocate for drug 
legalization has filed a human rights complaint against the Victoria 
Police Department and Chief Jamie Graham, alleging he has been 
discriminated against based on his political views.

Const. David Bratzer, coordinator of the department's bait-car 
program, is also president of the Canadian branch of Law Enforcement 
Against Prohibition, an international organization of current and 
former law enforcement officials pushing for full legalization and 
regulation of drugs.

The B.C. Human Rights Tribunal has decided to investigate the bulk of 
the allegations despite complaints from the department that some 
incidents fell outside the six-month time limit. Bratzer filed his 
complaint in February, describing 11 incidents dating back three years.

According to tribunal documents, Bratzer said he notified his 
superiors of his intention to join LEAP in 2008 and assured them 
that, if he participated in any public work on behalf of the 
organization, he would make clear the views were personal and that he 
was not representing the Victoria Police Department.

Bratzer said he has kept that commitment but was warned not to 
criticize other officers or spend so much time on LEAP that it took 
away from the duties of his job. His position with LEAP is voluntary.

Bratzer was barred from participating in a panel discussion on harm 
reduction at Victoria City Hall in February 2010, ordered not to 
comment publicly on Washington state's successful referendum on 
marijuana legalization and repeatedly reminded that Graham 
disapproved of his actions. The complaint also names Insp. Jamie 
Pearce, who sent Bratzer a letter on Sept. 27, 2012, which said he 
must get permission from his supervisor before making any public 
statements "contrary to positions that the executive of the board of 
the Victoria Police Department is taking, or is reasonably expected 
to take on behalf of the department."

Graham was not available to comment, but Victoria police said in a 
statement: "While we can't offer comment on the specifics of this 
complaint as it remains before the B.C. Human Rights Tribunal, VicPD 
remains hopeful that a resolution can be reached soon that satisfies 
both parties." Bratzer's allegations have yet to be proven at the tribunal.

"All the incidents relate to his political belief about drug 
prohibition and all demonstrate repeated efforts by the respondents 
to restrict, prevent or deter him from publicly expressing his 
political belief outside of working hours," the tribunal documents state.

U.S.-based LEAP has about 5,000 members including current and former 
police officers, judges, prosecutors, corrections officers, border 
guards and former Drug Enforcement Agency officers.

LEAP executive director Neill Franklin said many officers have been 
punished for being part of the organization, including being passed 
up for promotions or being fired.

"Unfortunately, this is nothing new in the police world as far as 
folks like David who are active police officers doing what they 
should do as citizens [yet] being targeted by their police 
departments," Franklin said.

He said many in the law enforcement community support LEAP "covertly" 
because they fear reprisals from employers.

"David knows the importance of speaking on his time, on his dime and 
not bringing his department into any of his speaking engagements. 
Being a police officer is an occupation, but we are citizens first," 
Franklin said.

In August, the Canadian Association of Police Chiefs signalled a 
softening toward enforcement of minor drug offences, voting in favour 
of issuing violation tickets for possessing small amounts of 
marijuana instead of pursuing a criminal charge.
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MAP posted-by: Jay Bergstrom