'Completely lazy': Kelowna lawyer blasts police for lack of enforcement at tent city

A Kelowna lawyer is frustrated with the police over what he says is a lack of enforcement at tent city.

Stanley Tessmer has been a criminal defence lawyer for almost 40 years. At Tessmer Law Offices in Kelowna, he specializes in Charter of Rights issues related to police search and seizure.

He says a friend of his came to him after his vehicle was broken into on Jan. 7 in Kelowna.

On the night in question, someone broke into the vehicle and stole mountaineering equipment and a GPS device. The replacement cost of the stolen goods is approximately $4,000, according to Tessmer.

"People say you shouldn't leave things in your vehicle, and I acknowledge that, but that doesn't justify stealing," Tessmer said.

Tessmer says his friend reported the theft to RCMP, including the fact that he could track exactly where his GPS was — at the tent city on the rail trail.

Tessmer said police told his friend they could not do anything without a search warrant.

"They've got this GPS, so he knows where his things are, or at least one of the things, and he tells this to the police officer," Tessmer said.

"The police officer for one reason or another, I can't tell you why, declines to investigate."

Lawyer gets involved

After hearing the story, Tessmer decided to help his friend and makes some phone calls on his behalf.

"I call up the police officer. I leave a number of messages with him. I called dispatch. I called at least twice with dispatch and said, 'hey, we can provide the address where this stuff is, and we want this investigated.'"

But he got no response. So after almost a month of knowing exactly where his friend's gear was, Tessmer decides to take matters into his own hands.

"Let's go investigate," the lawyer recounted.

Tessmer said the GPS showed the device moving is out and about in the downtown core between 1 a.m. and 5 a.m., and the rest of the time it's stationary.

The investigative duo tracked the GPS to the exact spot along the rail trail, right down to the tent.

"It's for digging people out of an avalanche. It's within inches accurate. So he knows which tent, and the police are not giving me the time of day," Tessmer said. "So I say, well, let's go down there to tent city, and let's get your stuff."

Visit to tent city

The pair decide to meet on Feb. 4 and begin looking for the stolen items.

Tessmer says he approached the tent in question with the intention of entering to retrieve GPS.

"We start looking around the outside, and I see all these different bags of tools. Obviously, this guy is not a carpenter... it's stolen property. There's a snowboard, there's five bicycles, I think two of them were e-bikes."

The lawyer said he opened the tent and saw two dogs inside, with a man passed out.

"So we don't go any further."

The pair document everything with photographic evidence.

Tessmer then contacted the Kelowna RCMP again, going to the extent of drafting an Information To Obtain, a document filed by a police officer to a judge seeking authorization to obtain a search warrant.

The the police did not get back in touch with him.

'A no-go zone'

Tessmer said it's like the police consider the tent city "a no-go zone where they refuse to investigate crimes."

"I would be very surprised if they didn't find a bunch of fentanyl in this (tent) as well as all the stolen property. This looks like the haul from countless thefts, and yet nobody seems interested in investigating."

Tessmer and his friend are both extremely frustrated with the process.

"I am a criminal defence lawyer, usually I'm wearing the other hat. But the police need to do their job."

He noted that he makes a living getting improper police searches invalidated by the courts.

"But this seems clear-cut," Tessmer said.

"They're living on Crown land, and all around them, is what appears to be stolen property. So if you need a search warrant, we've got the evidence for a search warrant."

"This fella, I can bet he has committed dozens and dozens and dozens of thefts. If he's not drug trafficking in the middle of the night, he's stealing, that's for sure."

Tessmer doesn't think there is any legal reason why RCMP is not investigating.

"I think they're being completely lazy and not doing their job. Most police officers seem to be good officers, but I don't know what it is about tent city, it's not a crime-free zone. Police should be there enforcing the law."

Castanet contacted Kelowna RCMP and were told that they are aware of the file and that they would have an officer reach out to Tessmer.