Acting Chief Civilian Director Makes Report to the Criminal Justice Branch (2014-134)

Case: 2014-134 Incident Date: August 5, 2014 Detachment: Chilliwack Location: Chilliwack Agency: RCMP Incident Classification: Serious Harm Case Status: Closed - No charges approved by Crown Counsel

Independent Investigations Office
For Immediate Release

SURREY – The Acting Chief Civilian Director of the Independent Investigations Office (IIO) has made a report to the Criminal Justice Branch in relation to an incident involving the Chilliwack RCMP.

According to police, on August 5, 2014, Chilliwack RCMP officers responded to a call involving multiple complaints including trespassing at a residence near Prest Road in Chilliwack.
Officers located an adult male who was the subject of the complaint; he was observed leaving the area in a vehicle. Officers followed the vehicle and subsequently located it in a cul-de-sac. The male affected person had left the vehicle and was believed to have gone into a bush area nearby.

A short time later, officers found what they believed to be the affected person’s location and issued commands for him to comply with their directions. The male reportedly did not comply and instead, fled over a fence and subsequently went over and down a steep embankment.

The affected person was eventually found at a local hotel where he was arrested and taken into custody. The male was taken to hospital for treatment of various injuries believed to have been sustained during the fall down the embankment.

The Acting Chief Civilian Director has completed his review of the investigative file and has forwarded a report to the Criminal Justice Branch (CJB), 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 CJB is lower for the IIO than for other law enforcement agencies in the province.

The Chief Civilian Director does not make a recommendation on whether charges should be approved or what charges CJB 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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