Chief Civilian Director Makes Report to Crown Counsel

Independent Investigations Office
For Immediate Release
December 23, 2013

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

On June 10, 2013 an adult male sustained serious injuries while in police custody at the Oceanside RCMP Detachment.  The incident was subject to an investigation by the Commission for Public Complaints Against the RCMP, whose investigator clarified the extent of the male’s injuries and notified the IIO on August 26, 2013. The IIO asserted jurisdiction and completed an investigation.

The investigation was concluded and forwarded to the Chief Civilian Director for his decision.  He determined that an involved 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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