A public hearing into the conduct of six current and former Nelson Police Department officers linked to a WhatsApp chat group is scheduled to sit again today. The hearing is still examining how investigators obtained the messages at the centre of the case.
The group chat allegedly contained racist, sexist and other discriminatory or inappropriate content, according to B.C.’s Office of the Police Complaint Commissioner.
Adjudicator Brent Hoy, a former B.C. provincial court judge, is presiding over the hearing at UBC Robson Square. Sessions this week are scheduled for Nov. 2-3 and Nov. 5-6. Hearing days are expected to start at 9:30 a.m.
The hearing opened in September. The OPCC said this fall’s sessions are expected to deal with two questions: how the misconduct investigation was conducted, and whether investigators had legal authority to obtain and rely on the contents of the chat.
The Nelson Police Department told the OPCC about the chat group in December 2021. The messages were exchanged over a period of almost two years.
Police Complaint Commissioner Prabhu Rajan called the public hearing in June 2025. He cited delays tied largely to a constitutional challenge by five of the officers over the search of one officer’s personal cellphone. The officers argue the way the Police Act was used to obtain the chat logs breached their Charter right to be secure against unreasonable search or seizure.
The hearing will decide whether the officers committed discreditable conduct. It will also consider neglect of duty for failing to report the chat or shut it down. None of the allegations has been proven.
At a public hearing, a retired judge acting as adjudicator reviews the evidence, hears sworn testimony and decides whether misconduct occurred. If it did, the adjudicator sets the corrective or disciplinary measures and may recommend changes to policy or practice. Public hearing counsel, appointed by the commissioner, presents the case on each allegation. The adjudicator’s decision is final.
The police complaint commissioner is a civilian, independent officer of the legislature who oversees complaints, investigations and discipline involving municipal police in B.C.
