Chief Civilian Director Makes Report to Crown Counsel (RCMP Nanaimo) (2014-131)
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 Nanaimo involving three members of the Nanaimo RCMP.
On July 30, 2014, shortly after noon, officers located an adult male (affected person) who was reported to be wanted on unendorsed warrants. The affected person was taken into custody near Centre Street. During his arrest, he sustained a serious dog bite from the police service dog that was deployed to assist in the arrest. The affected person was subsequently taken for medical treatment.
The IIO was notified and initiated a preliminary investigation. On August 1, 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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