IIO Files Report to Crown Counsel (2015-128)Case: 2015-128 Incident Date: September 15, 2015 Location: Penticton Detachment: Penticton Agency: RCMP Incident Classification: Death Case Status: Closed - Court Decision
Independent Investigations Office
For Immediate Posting
SURREY – The Chief Civilian Director of the Independent Investigations Office (IIO) has made a report to Crown counsel in relation to an incident involving an RCMP officer.
At approximately 5 p.m. on September 15, 2015, a vehicle being driven by an off-duty police officer of the Penticton RCMP struck a five-year old pedestrian.* The child was crossing the road with his family at the intersection of Highway 97 and Green Mountain Road. He did not survive his injuries.
The Chief Civilian Director 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 occurs 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 Chief Civilian Director 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.
*Please note the initial IIO statement on September 15, 2015 mistakenly identified the child’s age as four years old. The child was five years old at the time.
Acting Director, Public Engagement & Policy