It was embarrassing for the Victoria Police Department to have an officer publicly supporting the legalization of drugs, former police chief Jamie Graham told a B.C. Human Rights Tribunal.
Graham, who retired in 2013, said the force has to be seen as neutral and it’s inappropriate for a constable to be making comments that might undermine his duty to enforce the law.
Const. David Bratzer, an advocate for drug legalization, filed the human rights complaint because he said the department effectively muzzled him by limiting his right to speak publicly as a member of Law Enforcement Against Prohibition while off-duty. LEAP is an international organization of current and former law-enforcement officials pushing for full legalization and regulation of drugs.
In questioning Graham, Bratzer, who is representing himself, tried to establish that there was a double standard. He gave examples of issues on which Graham took clear stances, such as calling for tougher laws for drivers who use their cellphones and supporting criminal charges for those who wear a mask during a riot.
“When you made these comments to the media calling for these laws, did you view yourself as attacking existing laws when you proposed these new ideas?” Bratzer asked.
“No,” Graham responded.
“Why was it embarrassing for me to talk about changes to Canadian law while I was off duty?” Bratzer asked.
Graham explained that the department was trying to strike a balance between Bratzer’s rights to free speech and to hold political views, with its desire to have advance notice when he would be speaking at an event. He said the department wanted to be prepared to respond to media queries about Bratzer’s views.
Bratzer received several letters from his supervisors that set out rules for public speaking, including a requirement that he ask for permission. The letters also reminded him that Graham disapproved of his actions.
The constable said Graham barred him from participating in a panel discussion on harm reduction at Victoria City Hall in February 2010. He was also ordered not to comment publicly on Washington state’s successful referendum on marijuana legalization.
When asked whether he holds strong personal views on marijuana prohibition, the former chief said no, he tries to remain neutral on the topic.
Bratzer pointed to a December 2011 article in which Graham spoke out against a proposal that marijuana be regulated and taxed.
Graham also wrote in a July 2013 opinion piece in the Times Colonist that until Canada has roadside screening devices that test for drug-impairment in drivers, “the discussion about decriminalization or legalization will continually be opposed by most of the police community.”
The tribunal concludes Saturday.
