Chief Civilian Director Makes Report to Crown Counsel

Independent Investigations Office
For Immediate Release
Nov. 19, 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 New Westminster.

On the afternoon of August 13, while responding to a call, a New Westminster police officer was involved in a collision with a van.  The adult male driver and sole occupant of the van sustained injuries in the collision and was hospitalized for treatment.  The incident was reported to the IIO immediately.  On August 15, the IIO received updated information on the nature of the man’s injuries.  Based on the updated information, the IIO determined that the injuries met the statutory definition of serious harm and asserted jurisdiction.

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, if, or what charges he believes Crown Counsel should consider. Crown Counsel maintains full 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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