Chief Civilian Director Makes Reports to Crown Counsel

Independent Investigations Office
For Immediate Release
December 3, 2013

SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made reports to Crown Counsel with respect to officer-involved incidents that took place in Prince George and Chilliwack.

In the early morning of August 11, RCMP officers in Prince George responded to a complaint that an ATV was being driven in an erratic manner. The ATV subsequently collided with a police vehicle and landed down an embankment. The ATV driver sustained minor injuries. The passenger sustained serious injuries and was transported to hospital. The IIO was notified immediately and an investigation was initiated.

In the early morning of August 14, RCMP officers responded to a complaint of a male with a knife at a local hotel in Chilliwack. A confrontation occurred between officers and the male. As a result, an officer deployed a Conductive Energy Weapon (CEW) and the male was taken into custody. Subsequent medical assessment confirmed the male had sustained a serious injury to his jaw. The IIO was notified immediately and an investigation was initiated.

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.

The RCMP remains responsible for the investigation into any alleged actions of the affected persons. Under these circumstances, no public report will be issued by the IIO and no further information will be provided.

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