Chief Civilian Director Makes Report to Crown Counsel – Kelowna RCMP

Independent Investigations Office
For Immediate Release
June 2, 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 Kelowna on December 6, 2013.

At approximately 12:30 a.m., RCMP officers were conducting a road check when a vehicle failed to stop for the check.  A pursuit reportedly ensued and ended when the subject vehicle struck a pedestrian. The adult male affected person was transported to hospital for treatment. The IIO was notified immediately and deployed investigators to the scene.

Standard investigative activities were conducted including interviews, identification of witnesses and a review of the physical evidence obtained at the scene.  The investigation was concluded and forwarded to the Chief Civilian Director for his decision.  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:

  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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