Chief Civilian Director makes report to Crown counsel

Independent Investigations Office
For Immediate Release
June 5, 2013

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 Port Alberni.

On Feb. 15, 2013, RCMP officers responded to a complaint involving an adult female. The female was located walking at the corner of Maitland St. and 8th Ave. During the officers’ contact with the female, they determined that she was the subject of a Court Order and believed her to be non-compliant with it. Based on that, the officers arrested her.

During the arrest, the female sustained a leg injury. She was transported to police cells where she was assessed by BC Ambulance Services. She was subsequently transported to hospital where she was admitted for treatment.

Over the following days, both RCMP and IIO investigators monitored the affected person’s medical condition. Based on information received on Feb. 22, 2013, the IIO asserted jurisdiction.

The RCMP maintained responsibility for the concurrent investigation into the actions of the affected person.

Chief Civilian Director Richard Rosenthal 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 report will be issued by the IIO and no further information will be provided.

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