Chief Civilian Director Makes Two Reports to Crown Counsel

Independent Investigations Office
For Immediate Release

December 17, 2013

SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made two reports to Crown Counsel with respect to officer-involved incidents that took place in Vancouver on April 12 and July 15, 2013.

April 12, 2013: At approximately 4:20 a.m., VPD officers responded to a complaint in downtown Vancouver. An adult male was located in the area and at 4:38 a.m., he was arrested. During the arrest, the male affected person sustained a dog bite and serious injuries to his face. He was taken into custody and transported to hospital where he received medical attention for his injuries.

July 15, 2013: Shortly before midnight, VPD officers responded to a complaint of an adult male allegedly damaging property. When located by police, the male fled on foot and subsequently climbed up a temporary fence in the area. A VPD vehicle struck the fence resulting in the male’s fall to the ground. He sustained serious injuries to his leg and ankle.

In both cases, standard investigative activities were conducted including interviews and examination of physical evidence. The investigations were concluded and forwarded to the Chief Civilian Director for his decision. In both cases, he determined that an officer may have committed an offence and as such, has sent the files 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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