Chief Civilian Director Files Report to Crown Counsel (2014-163)Case: 2014-163 Incident Date: September 17, 2014 Agency: RCMP Location: Valemount Incident Classification: Death Case Status: Closed - No charges approved by Crown Counsel
Independent Investigations Office
For Immediate Posting
SURREY – The Chief Civilian Director of the Independent Investigations Office (IIO) has made a report to Crown counsel in relation to an officer-involved fatal firearms case in Valemount.
On the evening of September 17, 2014 members of the (RCMP) North District and a member of the Combined Forces Special Enforcement Unit, were involved in a confrontation with one male and one female affected persons. The incident occurred in a rural, forested area near Valemount. The result of the confrontation was that police shot and killed the male affected person and shot and injured the female affected person.
Based on information provided to the IIO by police, an information bulletin published by the IIO on September 17, 2014 stated that “an exchange of gunfire took place between police officers and an adult male.” The IIO investigation identified no independent evidence to suggest the exchange of gunfire took place.
The 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 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:
- 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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