Chief Civilian Director Makes Report to Crown
Independent Investigations Office
For Immediate Release
July 12, 2013
SURREY – Chief Civilian Director (CCD) 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 New Westminster.
In the early morning hours of Nov. 8, 2012, the New Westminster Police Department responded to a 911 call concerning shots fired and located an adult male in a parking lot near the Starlight Casino. Police cordoned off the area and over several hours attempted to engage the male. At approximately 10:45 a.m., an officer-involved shooting occurred and as a result, the male sustained serious injuries. He was transported to hospital however did not survive his injuries.
The CCD has completed his review of the investigative file and forwarded a report to Crown counsel, pursuant to Section 38.11 of the Police Act. This occurs when the CCD considers that an officer may have committed an offence under any enactment.
The CCD 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.