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 incident that took place in Nanaimo involving a member of the Nanaimo RCMP, IIO file 14-107.

On June 15, 2014, officers arrested an adult male and transported him to the Nanaimo RCMP Detachment cells. During the process of booking him into a cell, a physical altercation between the male and police officers took place resulting in the male being injured.

The completed IIO investigation was 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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