Family of officer who died by suicide suing Vancouver Police Department, former sergeants
December 2022 update: The family of Nicole Chan has amended their lawsuit to remove allegations against Greg McCullough.
The family of a Vancouver police officer who died by suicide is suing the department, alleging she endured sexual assault and exploitation enabled by an "unsafe workplace culture and insufficient policies and procedures," court documents show.
None of the allegations have been tested in court and no statements of defence have been filed.
The lawsuit is being brought by the mother and sister of Nicole Chan, who died in 2019. Nicole took her own life after struggling with mental health issues, which the lawsuit alleges were compounded by her relationships with two superior officers as well as the force's handling of an investigation into those relationships.
The lawsuit initially named as defendants Sgt. Greg McCullough and Sgt. David Van Patten, two senior officers with whom Nicole had relationships at different times during her 10-year tenure with the VPD, though the family's claims against McCullough have since been withdrawn.
Both of the officers have since left the Vancouver Police Department – McCullough retired while Van Patten was dismissed.
The lawsuit also references two other officers who had sexual relationships with Chan, including one who “held a superior rank,” though they are not named as defendants.
MENTAL HEALTH HISTORY
Court documents say the VPD became aware of Nicole's mental health issues in 2012 after she was involved in a car accident that her employer "interpreted … as a suicide attempt." Her gun was taken away and she spent roughly a week off of work.
That is the first of four "mental health episodes" described in the court document that culminated in Nicole being placed on paid leave in 2017 and diagnosed in 2018 with "unspecified trauma and stressor-related disorder," as well as major depressive disorder.
"The major contributor to the diagnosis was the impact of the sexual relationship with (individuals) who were in a position of authority over Nicole," the lawsuit claims, saying several times that these episodes were evidence of "severe mental distress triggered by intimate relationships."
RELATIONSHIP WITH SUPERIOR OFFICER
The lawsuit alleges Chan's relationship with Van Patten constituted wrongful conduct, and that he and the department are liable.
Both on the job and outside of work, Chan was subjected to "sexual harassment including persistent communications of a sexual or romantic nature; sexual assault, sexual battery, sexual coercion and sexual exploitation; discrimination; acts intended to cause emotional and mental distress; (and) intimidation using rank," according to the court documents.
Van Patten began flirting with Nicole in 2016, the suit says, alleging that "at Van Patten's urging, Nicole entered into an intimate relationship with him."
The suit alleges Van Patten engaged in a number of behaviours that had the effect of "willfully inflicting mental distress upon Nicole so that he could manipulate her into sexual acts and a power-imbalanced secret intimate relationship that served to benefit him."
This relationship was also not disclosed, according to the suit, which claims Nicole was similarly told to keep it secret.
"The workplace culture was such that Nicole was more afraid of the negative consequences on her career from reporting the inappropriate relationships than she was afraid of the consequences those relationships were having on her," the documents say.
"The gaps in the policy created a dangerous and eventually deadly work environment for Nicole."
The Office of the Police Complaint Commissioner found McCullough failed to disclose his relationship with Nicole as well, according to an email obtained by CTV News. The then-sergeant was given a 15-day suspension for "discreditable conduct," according to the OPCC, which said he had entered into a relationship with Chan "knowing that she was in a vulnerable state mentally and emotionally."
SUIT ALLEGES INADEQUATE POLICIES
One of central claims being made is that although the VPD did have a policy requiring the disclosure of intimate relationships between colleagues, it was not sufficient to protect "vulnerable employees such as Nicole" and that it "failed to ensure relationships were not abusive of the power relationship inherent in such an environment."
Any policies the department did have, the suit alleges, "were not effectively implemented to meet the priorities, goals and objectives set out by the (police) board and effectively caused, or significantly contributed to, the death of Nicole."
Nicole's sister Jennifer Chan – who works for CTV News Vancouver in the operations department – and her mother Lai Ching Ho are seeking general, aggravated and punitive damages. They are also seeking special damages and damages to remedy what they allege were a breach of Nicole's rights under the Charter.
The Attorney General of B.C., the City of Vancouver, the Vancouver Police Union and two unnamed VPD employees are also listed among the defendants.
CTV News has asked the City of Vancouver and the Vancouver Police Department for comment.
A spokesperson for the city said staff can not comment "as this matter is before the courts."
The VPD provided a similar statement saying the department is aware of the suit.
As this matter is now before the courts, it would be inappropriate to comment further," a spokesperson wrote in an email.
CTVNews.ca Top Stories
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.