Acting Chief Civilian Director Makes Report to Crown Counsel (2014-104)

Case: 2014-104 Incident Date: June 10, 2014 Agency: Municipal Location: Vancouver Detachment: Vancouver Police Department Incident Classification: Serious Harm Case Status: Closed - No charges approved by Crown Counsel

Independent Investigations Office
For Immediate Posting

SURREY – The Acting Chief Civilian Director of the Independent Investigations Office (IIO) has made a report to Crown Counsel in relation to an incident involving the Vancouver Police Department.

On June 10, 2014, VPD officers observed a shooting that took place near the 100 block of Davie Street, in Vancouver. The individual who was the target of the shooting was critically injured.

The male affected person, observed by police to be responsible for the shooting, fled the area on a bicycle. Officers followed him eventually engaging him near Science World.

It was observed and subsequently reported that gunfire was exchanged between officers and the affected person at both the Davie Street and Science World locations. The affected person sustained gunshot wounds. A police officer was injured by broken glass when the windshield of a police car was shattered.

The Acting Chief Civilian Director has completed his review of the investigative file and has forwarded a report to Crown Counsel, pursuant to Section 38.11 of the Police Act. This occurs when the Acting Chief Civilian Director considers that an officer may have committed an offence under any enactment.

The Acting Chief Civilian Director does not make a recommendation on whether charges should be approved or what charges Crown Counsel should consider. Under the Crown Counsel Act, the Criminal Justice Branch has jurisdiction over the charge assessment and charge approval process. In approving charges, the Criminal Justice Branch must be satisfied not only that an offence may have been committed, but that the commission of an offence can be proven in court beyond a reasonable doubt. Criminal Justice Branch policy provides that in making this assessment Crown counsel will apply a two-part test:

1. There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency.

2. A prosecution must be required in the public interest.

Under these circumstances, no public report will be issued by the IIO and no further information will be provided.

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