The IIO has no authority over the assignment status of officers. Each police department continues to be responsible for the assignment of their officers during an IIO investigation.
Each incident is unique and the amount of time it will take to complete an investigation will depend on many factors including the size and location of the scene, the number of involved officers, the number of civilian witnesses, and the need for and dependence on specialized reports, including third party expert opinions.
Under section 38.11 of the Police Act, the Chief Civilian Director (CCD) may refer a matter to Crown Counsel if, after an investigation, the CCD finds there are reasonable grounds to believe that an officer may have committed an offence.
Crown Counsel has jurisdiction over the charge assessment and charge approval process. In making this assessment, Crown Counsel will apply a two-part test:
Crown Counsel with the BC Prosecution Service makes charge approval decisions in British Columbia. The IIO refers investigations where the Chief Civilian Director finds that there may be reasonable grounds to believe an officer may have committed an offence to Crown Counsel for consideration of charges.
The IIO is committed to ensuring fair, unbiased investigations and to being as transparent as practicable. If it is in the public interest to do so, the IIO may make basic, preliminary information regarding the incident public with a media release at the outset of an investigation, as well as information regarding the outcomes of investigations. The level of detail provided regarding the outcome depends on the circumstances of each file, but at a minimum the status of each investigation and basic facts such as date, location, and status, is provided on the IIO’s cases page. If the Chief Civilian Director (CCD) finds there are no reasonable grounds to believe that any officer has committed an offence, the IIO may issue a media release with a brief summary of the investigation findings or a public report which provides greater detail regarding the incident and rationale behind the CCD’s decision not to refer a file to Crown Counsel for consideration of charges.
If the CCD determines that there are reasonable grounds to believe an officer may have committed an offence and has determined that the matter should be referred to the Crown, the IIO will publish a media release to advise the public that the investigation has been referred for consideration of charges.
Where required, IIO Investigators will travel anywhere within BC to conduct an investigation, operating 24 hours a day, seven days a week. Witnesses are interviewed directly by IIO Investigators wherever possible, and experts are engaged where necessary.
At scenes where the IIO is the only or primary investigative body, the IIO sets priorities to ensure evidential opportunities are maximized. Where there are concurrent or parallel investigations, such as a police or BC Coroners Service investigation, all agencies work together to achieve maximum effectiveness.
The IIO conducts investigations into on- and off- duty police-related incidents of serious harm and death. The IIO does not investigate complaints of misconduct. Investigation and review of complaints made against the conduct of municipal police officers remain the responsibility of the Office of the Police Complaint Commissioner (OPCC). Complaints made against the conduct of members of the RCMP are the responsibility of the Civilian Review and Complaints Commission (CRCC).
Approximately 50 percent of IIO investigators are former police officers. Those without policing backgrounds have significant experience in a wide variety of investigative, regulatory and enforcement agencies.
The IIO’s referral standard is similar to the traditional referral standard for police agencies in British Columbia. The Chief Civilian Director may forward an investigation to Crown Counsel where reasonable grounds to believe an offence may have been committed exist. To lay charges, Crown Counsel must be satisfied that there is a substantial likelihood of conviction based on evidence gathered by the IIO, and that the prosecution is in the public interest.
At the conclusion of an investigation, if the Chief Civilian Director (CCD) has reasonable grounds to believe that an officer may have committed an offence, the CCD may refer the matter to Crown Counsel with the BC Prosecution Service for consideration of charges. The IIO will then release an information bulletin stating that the IIO has filed a report to Crown Counsel, including a brief summary of the incident. If Crown Counsel does not approve charges. the BC Prosecution Service will issue a Clear Statement which includes a more detailed narrative of the incident, as well as their rationale for the decision not to approve charges. If Crown Counsel does approve charges, they will issue a brief statement indicating the offence(s) charged. The IIO will not comment on a case when it is with Crown.
If the CCD determines the evidence does not support a referral to Crown Counsel, they may issue a public report summarizing the investigation and explaining the decision where it is in the public interest to do so. Where the matter is the subject of a concurrent investigation or court case, the IIO may be unable to release a full report until that case is concluded. A concluding information bulletin may be published in lieu of a public report where the privacy interests of the involved parties outweighs the public interest. These releases contain less detailed information to protect the privacy of the parties involved while still providing the public some accounting of the event.
Personal information about an officer, an Affected Person, a witness, or any other person who may have been involved will not be included in any IIO-issued statements or reports, except in rare cases where the public interest in disclosure outweighs the privacy interests of the person. For more information regarding the decision to anonymize IIO reporting, please refer to the Canadian Civilian Oversight Agencies Joint Statement on Release of Names.