Chief Civilian Director Makes Two Reports to Crown Counsel
Independent Investigations Office
For Immediate Posting
February 3, 2014
SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made reports to Crown Counsel in relation to incidents involving the RCMP in Langley and Williams Lake.
On Sept. 22, 2013, in Langley, an adult male experienced a medical event while driving, and subsequently crashed his vehicle. Individuals nearby came to his aid. Preliminary information provided to the IIO indicated that one person initiated CPR however was allegedly directed to stop once police were on scene. BC Ambulance Service arrived and resumed resuscitation efforts, however the affected person did not survive.
On November 5, 2013, the IIO was contacted by the RCMP and advised that an adult male had made a complaint relating to an incident that allegedly occurred in August of this year. The affected person alleged that he sustained serious facial injuries after being stuck by an RCMP officer while in the Williams Lake cellblock.
The Chief Civilian Director has completed his review of both 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. Criminal Justice Branch policy provides that in making a charge assessment decision 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.
In conducting a charge assessment review Crown Counsel take into account the applicable standard of proof in a prosecution for criminal or provincial offences, which requires not only that an offence may have been committed, that but that the commission of an offence can be proven in court beyond a reasonable doubt.
Under these circumstances, no public report will be issued by the IIO and no further information will be provided.
Learn More: www.iiobc.ca