IIO Files Report to Crown Counsel (2014-208)Case: 2014-208 Incident Date: November 22, 2014 Agency: Municipal Location: Vancouver Detachment: Vancouver Police Department Incident Classification: Death Case Status: Closed - No charges approved by Crown Counsel
Independent Investigations Office
For Immediate Release
Surrey – The Independent Investigation Office of B.C. has filed a report to Crown Counsel in relation to a fatal officer involved shooting in Vancouver.
At approximately 5:00 p.m. on November 22, 2014, Vancouver Police Department officers were responding to a complaint of a disturbance near East 41st and Knight St. in Vancouver. They encountered a male who was identified as the subject of the complaint and an interaction took place. The male was shot and did not survive his injuries.
The Chief Civilian Director of the IIO has completed his review of the investigative file and, pursuant to Section 38.11 of The Police Act, has forwarded a report to Crown for consideration of charges. This is required when the Chief Civilian Director considers that an officer may have committed an offence under any enactment.
The threshold for referral to Crown is lower for the IIO than for other law enforcement agencies in the province.
The IIO does not make a recommendation on whether charges should be approved. 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:
- There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency.
- 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.
Acting Director, Public Engagement & Policy
Communications & Stakeholder Relations Liaison