Acting Chief Civilian Director Makes Report to Crown Counsel (2014-099)

Case: 2014-099 Incident Date: June 4, 2014 Detachment: Burnaby Location: Burnaby Agency: RCMP Incident Classification: Death 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 Burnaby RCMP.

On June 4, 2014, RCMP officers responded to a complaint involving an “unwanted male” at a residence in the 6000 block of Walker Avenue.

Officers located the male affected person at the residence and attempted to remove him. According to the initial notification, the male was non -compliant with officers’ direction.

A Conducted Energy Weapon was deployed multiple times without success. After a physical struggle, the affected person was taken into custody. Shortly thereafter, while still at the scene, the affected person went into medical distress. Attempts to resuscitate him were unsuccessful and he did not survive.

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 Chief Civilian Director considers that an officer may have committed an offence under any enactment. The threshold for referral to Crown is lower for the IIO than for other law enforcement agencies in the province.

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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