Chief Civilian Director Makes Report to Crown Counsel

Independent Investigations Office
For Immediate Release

SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made a report to Crown Counsel with respect to an officer-involved incident that took place in Penticton.

On April 8 2014, an adult female was taken into custody by RCMP officers in Penticton. She was released later that day.  Ten days later, she contacted the RCMP to advise that she had sustained an injury to her arm while in their custody. The RCMP reported the incident to the IIO after confirming the extent of her injury. The IIO asserted and sustained jurisdiction.

In this case, standard investigative activities were conducted including interviews, identification of witnesses and a review of the medical records related to the affected person. The investigation was concluded and forwarded to the Chief Civilian Director.  In examining the evidence, he determined that an officer may have committed an offence and as such, has sent the file to Crown Counsel.

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

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