Chief Civilian Director Makes Report to Crown Counsel

For Immediate Posting

Independent Investigations Office

Chief Civilian Director Makes Report to Crown Counsel

SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made a report to Crown Counsel in relation to an incident involving the Victoria City Police Department (Vic PD).

On December 19, 2013, an adult male sustained serious bite injuries from a police service dog while being taken into custody near Kings Road and Empire Street in Victoria. The male affected person was transported to hospital and received medical treatment for his injuries.

The Vic PD notified the IIO on December 20, 2013. Jurisdiction was asserted, sustained and an investigation was initiated.

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 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 reports will be issued by the IIO and no further information will be provided.

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