FAQ Group: Case Status Definitions

IIO Case Status Flowchart

If charges are approved following an IIO investigation, the matter will proceed to court. While the matter remains before the courts, the file’s status on the IIO website will remain “Closed – Charges Approved by Crown Counsel” with a link to the media statement by the BC Prosecution Service approving those charges.

In some cases, Crown may decide to direct a stay of proceedings while a matter is before the courts if Crown determines that proceeding with the prosecution no longer meets the two-part test used to approve charges. The two-part test requires that:

1. there is a substantial likelihood of conviction based on the evidence gathered by the IIO, and
2. that prosecution is required in the public interest.

If a stay is directed, the IIO will upload a brief description of the incident and the date the court proceedings were stayed.

If charges are approved following an IIO investigation, the matter will proceed to court. While the matter remains before the courts, the file’s status on the IIO website will remain “Closed – Charges Approved by Crown Counsel” with a link to the media statement by the BC Prosecution Service approving those charges. However, once the court process has concluded, the IIO will upload a summary of the result of those proceedings (e.g., guilty verdict, guilty plea, acquittal, etc.). (Note: stay of proceedings has its own category on the IIO website).

After an IIO investigation is referred to Crown Counsel for consideration of charges, Crown Counsel with the BC Prosecution Service (BCPS) must be satisfied that the below conditions are met to approve charges:

1. there is a substantial likelihood of conviction based on the evidence gathered by the IIO, and
2. that prosecution is required in the public interest.

In cases where Crown Counsel do not believe those two conditions have been met, charges will not be approved. In most cases, the BCPS will publish a clear statement in these cases. Like an IIO public report, a clear statement includes a detailed narrative of the event, the legal principles considered, and the rationale for the decision made.

When the IIO concludes an investigation, the Chief Civilian Director (CCD) will determine whether there are reasonable grounds to believe that any officer may have committed an offence. Where reasonable grounds do not exist, the IIO will conclude the investigation by releasing a public report, concluding media release, or without further public comment. Which option is most appropriate will depend on the level of public interest balanced against the privacy interests of the involved parties.

The IIO concludes an investigation without a public report where there are elevated privacy interests. In these cases, the IIO may issue a concluding media release, or conclude without further public comment. Concluding media releases include a brief description of the incident, a summary of the evidence, and the decision reached. Concluding media release can be found on the media page of the IIO website.

When the IIO concludes an investigation, the Chief Civilian Director (CCD) will determine whether there are reasonable grounds to believe that any officer may have committed an offence. Where reasonable grounds do not exist, the IIO will conclude the investigation by releasing a public report, concluding media release, or without further public comment. Which option is most appropriate will depend on the level of public interest balanced against the privacy interests of the involved parties. Public reports are released on the IIO website in cases where the public interest is highest and outweighs the privacy interests of the involved parties, although their privacy is still protected by measures including removal of personal information from any reporting.

IIO public reports provide a detailed narrative of the incident, outline the evidence collected and examined during the IIO investigation, and describes the legal principles applied, and the rationale for the CCD’s decision. All public reports can be found on the public reports page of the IIO website.

After an IIO investigation is referred to Crown Counsel for consideration of charges, if Crown Counsel is satisfied that there is a substantial likelihood of conviction based on the evidence gathered by the IIO, and that prosecution is required in the public interest, they may approve charges against the involved officer(s).

IIO Investigators and other employees continue to support this process by laying charges and testifying in court. The IIO’s Affected Persons Liaisons provide support and updates to Affected Persons and/or their families while a matter is before the courts.

When an IIO investigation concludes, if the Chief Civilian Director determines that there are reasonable grounds to believe that an offence has been committed, they may refer the matter to Crown Counsel (BC Prosecution Service) for consideration of charges.

This status confirms that the IIO investigation is being reviewed by Crown Counsel so they can make a charge decision. Once a charge decision has been made to approve charges or not, the status will be updated to reflect this decision (either ‘Closed – Charges Approved by Crown Counsel’ or ‘Closed – No Charges Approved by Crown Counsel’).

In deciding whether to approve charges, the BC Prosecution Service must be satisfied that there is a substantial likelihood of conviction based on the evidence gathered by the IIO, and that prosecution is required in the public interest.

IIO Investigators and other employees continue to support this process by clarifying evidence. The IIO’s Affected Persons Liaisons provide support and updates where available to Affected Persons and/or their families while a matter is pending charge assessment.

The status ‘open – investigation in progress’ reflects that the IIO is actively investigating an incident. Investigative steps may include but are not limited to:

• Conducting witness and police interviews
• Securing and analyzing Closed-Circuit Television (CCTV) footage
• Ballistics reports
• Gathering GPS data
• Pathology reports
• Medical information
• Toxicology reports
• Forensic examinations
• Digital forensic analysis
• Cell phone analysis
• DNA and fingerprint analysis
• Execution of judicial (search warrant) applications
• Subject matter expert reports
• And more

The amount of time it takes the IIO to conclude an investigation varies significantly depending on the complexity of the incident, location, number of witnesses and involved officers, and other factors.