British Columbia's police complaint commissioner has ordered a review of a disciplinary proceeding against a Victoria jail guard who allegedly recorded "inappropriate" videos and showed them to coworkers. Special municipal constable Foster Martin was the subject of an internal Victoria police investigation into alleged discreditable conduct and deceit under the B.C. Police Act. The department's investigation determined Martin committed discreditable conduct in September 2021, after he allegedly recorded videos of prisoners masturbating in Victoria police cells and showed them to colleagues and friends. The Victoria police disciplinary authority recommended Martin receive a two-day suspension without pay. The internal investigation found Martin did not commit misconduct in relation to a similar video of people having sex and did not commit deceit during a police interview in which he denied showing the video to a coworker. However, the Office of the Police Complaint Commissioner said Monday it has reason to believe the findings of the internal investigation were incorrect, prompting the commissioner to appoint a retired provincial court judge to review the decision. "In my view, the evidentiary record supports that the member knowingly provided false and misleading information during his Police Act interview," wrote commissioner Clayton Pecknold. "The member unequivocally denied showing the videos to a coworker stating that it could not have happened because he took the videos on a Snapchat platform which is not saved. However, the evidence reasonably supports a conclusion that the videos were saved to the member’s personal cell phone," Pecknold added. "In addition, the member stated that whoever made this complaint against him was 'lying.' However, at the discipline proceeding, the member admitted the coworker had seen the video and that he most likely showed it to her." Retired judge Brian Neal will preside over the review when it is scheduled at his discretion, according to the OPCC.
