Chief Civilian Director Makes Report to Crown Counsel (2014-158)

INFORMATION BULLETIN
Independent Investigations Office
For Immediate Posting

SURREY – The Chief Civilian Director of the Independent Investigations Office (IIO) has made a report to Crown Counsel in relation to an incident involving the Kamloops RCMP.

On September 10, 2014, an adult male sustained serious injuries to his spine after coming into contact with a member of the Kamloops RCMP.

According to the police, they were attempting to take the affected person into custody for an outstanding warrant. The affected person fled the area near Yew Street. Police subsequently located the affected person after he went over a fence and took him into custody. He was transported to hospital and received medical treatment for his injuries.

The Chief Civilian Director 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 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 reports will be issued by the IIO and no further information will be provided.

Learn More:  www.iiobc.ca