Acting Chief Civilian Director Makes Report to the Criminal Justice Branch (2014-222)Case: 2014-222 Incident Date: December 26, 2014 Location: Abbotsford Detachment: Abbotsford Police Department Agency: Municipal 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 the Criminal Justice Branch in relation to an incident involving an off-duty officer of the Abbotsford Police Department (APD).
On December 26, 2014, at approximately 6:15 p.m., a vehicle collided with a youth who was travelling on a longboard/skateboard. The driver of the motor vehicle was an off duty police officer who had just finished a shift with the APD.
This occurred at the intersection of Bourquin Crescent West and Mill Lake Road in Abbotsford. The vehicle was travelling southbound on Bourquin Crescent; the youth was travelling westbound on Mill Lake Road. The youth was critically injured and did not survive his injuries. The youth was later identified as 14 year old Marcus Larabie, of Abbotsford.
The IIO was notified immediately and deployed investigators to the scene. There, they took statements from a significant number of witnesses and secured evidence and video footage. The APD Collision Reconstructionists also attended and performed numerous tests and calculations based on evidence obtained at the scene.
Over the past months, IIO investigators have worked to ensure all available and accessible information has been obtained. Once the investigation report was completed, it was forwarded to the Acting Chief Civilian Director for his review.
The Acting Chief Civilian Director has completed his review of the investigative file and has forwarded a report to 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. In this case, he makes the report for the CJB to consider an offence under the Motor Vehicle Act.
The threshold required to refer this case to the CJB is lower for the IIO than for other law enforcement agencies in the province.
The CJB has jurisdiction over the charge assessment and charge approval process. In approving charges, the CJB 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:
- There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency.
- 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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