Chief Civilian Director Makes Reports to Crown Counsel

Independent Investigations Office
For Immediate Posting
March 4, 2014

SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made reports to Crown Counsel in relation to two incidents involving the Vancouver Police Department (VPD).

On October 7, 2013, an adult male sustained bite injuries from a police service dog during an incident near Slocan Street and Ward Street. The affected person  was transported to hospital and received medical treatment for his injuries.

On November 14, 2013, an adult female was struck by a police vehicle near Scotia Street and E. 2nd Avenue.  The affected person was transported to hospital for treatment of her injuries.

The VPD notified the IIO of both incidents without delay.  Jurisdiction was asserted, sustained and investigations were initiated.

The Chief Civilian Director has completed his review of the investigative files and has forwarded reports 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.

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