Chief Civilian Director Makes Report to Crown Counsel

INFORMATION BULLETIN
Independent Investigations Office
For Immediate Release
January 10, 2014

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 Errington.

On the afternoon of Nov. 18, 2012, a member of the Oceanside RCMP attended an Errington residence in response to a complaint. A physical struggle allegedly took place between the officer and one adult male. The adult male sustained injuries and was taken to hospital for treatment.

The RCMP reported the incident to the IIO shortly after it occurred. Based on the information provided, the IIO did not assert jurisdiction.

On May 1, 2013, the RCMP made a subsequent notification providing additional information on the affected person’s injuries. Over the following weeks, IIO investigators worked to obtain clarification on the injuries. On June 26, 2013, the Chief Civilian Director reassessed the information provided to the IIO and asserted jurisdiction.

The completed 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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