UPDATE: The B.C. Information and Privacy Commissioner Elizabeth Denham is expected to issue a report today on the investigation into the claim that spyware was installed on computers in the City of Saanich’s municipal office to track employee activity.
The allegations were brought forward in a press conference last week by Saanich Mayor Richard Atwell. He said his concerns over spyware surfaced in early December.
While conducting the investigation, Denham will have access to documents, make legal findings, interview government officials and issue recommendations for change.
The investigation is expected to be done before the end of March.
UPDATE Jan. 15: The Office of the Police Complaint Commissioner has received the harassment complaint filed by Saanich Mayor Richard Atwell and notified the police chief.
In a statement from the Saanich Police Board, they have requested the BC Minister of Justice, Suzanne Anton, to conduct an investigation into the recent activities by Mayor Atwell and during that time to have him step aside as Chair of the Police Board.
“The Board has requested Mayor Atwell to step aside as Chair until the Board receives advice from the Minister,” Sgt. Steve Eassie said in a statement.
“The appointed members of the Board, and staff of the Saanich Police Department, will not comment further until they receive direction from the Minister.”
Anton said she declined to intervene in the activities of the Saanich mayor and included that the Police Act allows for an appointment of an alternate Chair on the Police Board if the mayor “is not able to act.”
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Saanich Mayor Richard Atwell called a press conference today to clarify some of his recent statements and level a series of allegations.
This afternoon Atwell alleged Saanich staff were instructed to place spyware on computers in his municipal office and that the city’s police department has been harassing him.
In addition to the allegations, Atwell also admitted he was not “totally truthful” when he told media he was not having an extra-marital affair. Subsequently, he has requested the Office of the Police Complaint Commissioner investigate how a domestic dispute became “tabloid fodder.”
In addition to the leaking of personal information to the media, he said his concerns over computer spyware also surfaced on Dec. 11th.
“The information provided to me caused great concerns over private communications,” he said.
“It’s why I have not felt secure, safe and comfortable working from the mayor’s office. For this reason and to protect the privacy of anyone trying to reach me, I’ve been advised to establish an email account out of the district’s domain.”
Atwell said he was told the spyware program, Spector 360, captures information typed on his computer and sends a report back to a server called “Langley” and is based at Saanich Municipal Hall.
“I was never informed of this action and it was done without my consent,” he said.
“Without my knowledge, someone was planning to spy on everything I did on my computer. I sought legal advice and was informed that the actions may amount to the criminal interception of private communications under the Criminal Code of Canada.”
After speaking to his lawyer, Atwell said due to a conflict of interest he has asked Saanich police chief Bob Downie for a third-party investigation of the allegations.
In a written statement, Saanich police chief Downie said the mayor had not informed him of “his concerns regarding harassment or information being leaked to the media regarding an incident that occurred on Dec. 11, 2014.”
Downie did say that Atwell advised him of the spyware installed on his work computer at the Saanich Municipal Hall and the matter is being reviewed and council will be advised of the outcome tonight.
Regarding the harassment allegations Atwell has made, Downie said if “the mayor has concerns about the conduct of any police officer, and, in particular any Saanich police officer, he should bring that complaint forward to me for a proper and thorough investigation or report those concerns directly to the Office of the Police Complaint Commissioner.”
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