Chief Civilian Director Makes Report to Crown Counsel (Abbotsford Police Department and RCMP Chilliwack) (2014-123)

INFORMATION BULLETIN
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 Chilliwack involving a member of the Lower Mainland Integrated Police Dog Section and an officer employed by the RCMP in Chilliwack.

The affected person, an adult male, was eventually located through the assistance of a police service dog. While being taken into custody, the affected person reportedly did not comply with officers’ commands and a physical struggle ensued. The affected person sustained serious facial injuries.

The affected person subsequently made a complaint to the Office of the Police Complaint Commissioner (OPCC). On July 15, 2014, the IIO was notified of the incident by the OPCC. On July 17, 2014, the Chief Civilian Director (CCD) directed investigators to obtain and review medical information. On July 30, 2014, the CCD sustained jurisdiction and a full investigation was conducted.

The completed IIO investigation was forwarded to the CCD. 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:

• There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency; and
• 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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