Two Manitoba police officers charged with crimes related to intimate images

Two Manitoba police officers are facing criminal charges stemming from the recording, watching and distribution of intimate images and video.

A constable with the Brandon Police Service is charged under the voyeurism section of the Criminal Code, which makes it an offence to secretly watch or record a person for a sexual purpose.

The charges were filed by the Independent Investigation Unit of Manitoba, which is mandated to investigate all serious incidents involving on- or off-duty police officers in Manitoba.

The IIU says he's accused of taking photos of someone without consent.

The other officer, a constable with the Manitoba First Nations Police Service, faces two counts of distributing photos and a video of a woman involved in sexual activity without her consent. It's alleged he sent images of the woman to two people without her knowledge.

Brandon police Chief Wayne Balcaen told CBC the Brandon police officer remains employed in a non-operational capacity, meaning he "will not be working in an investigational capacity."

"The Brandon Police Service notified the [Independent Investigation Unit] of this matter in April of 2019," Balcaen said. "I will not be releasing the officer's name in order to protect the identity of the victim."

The Brandon police officer is to appear in provincial court in the city on July 7.

Court records dated May 14 show the Manitoba First Nations police officer is charged with offences alleged to have happened four years ago, which involve one victim. 

The officer is accused of distributing photographs and video of a woman involved in sexual activity, court documents say. 

Contacted by CBC on Tuesday, the officer declined comment. He's scheduled to appear in court on July 15. 

While the offences in both cases are alleged to have taken place years ago, the Independent Investigation Unit says the complainants weren't aware of their alleged victimization until last year.

"The existence of the photos in question at each of the circumstances did not surface until 2019, at which point the complainants in each instance was made aware of the existence of the photographs," said Zane Tessler, the civilian director of the investigative unit.

"They had no knowledge, nor did they consent in any way to the taking of the photographs in one instance or the distribution of them in the second instance."

Manitoba First Nations Police Service Insp. Dave Scott said the officer is on administrative suspension as a result of the charges. 

"The officer will be dealt with internally through our internal investigation process, and also he has been suspended from active duty. He's now currently on administrative duty," Scott said.

The Manitoba First Nations Police Service, formerly known as the Dakota Ojibway Police Service, has 44 police officers working from eight locations, Scott said, with headquarters in Portage la Prairie.

The criminal charges against the officers have not been tested in court.

But Tessler says the allegations are disturbing.

"I think the message goes beyond police, that they themselves are not immune to such scrutiny," he said in an interview with CBC Wednesday.

"But it's a matter for the general public, as well, that this type of conduct is something that will not be tolerated."

Tessler echoed the Brandon police chief's concern that naming the officers could identify the complainants, saying "that may result in a revictimization of them."

'Revenge porn' civil lawsuit

The two officers had previously been involved as third parties in a "revenge porn" civil lawsuit in Brandon.

In 2017, a woman who was in a relationship with the Brandon police officer was sued for allegedly sending sexual images of another woman. The victim had alleged her photos were shared as "revenge and retaliation" because she had had an intimate relationship with the same officer. 

In court filings, the accused woman said the two officers who have since been charged by the IIU were to blame for sharing the sexual images of the victim. 

The civil lawsuit is still before the courts.

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