IIO Makes Report to the Criminal Justice Branch (2014-176)Case: 2014-176 Incident Date: October 8, 2014 Agency: RCMP Location: Terrace Detachment: Terrace Incident Classification: Serious Harm Case Status: Closed - Court Decision
Independent Investigations Office
For Immediate Release
SURREY – The Independent Investigations Office (IIO) has made a report to the Criminal Justice Branch in relation to an incident involving Terrace RCMP.
On May 28, 2014 Terrace RCMP responded to reports of an altercation involving a male youth. The subject of the complaint was arrested and taken into custody.
On October 8, 2014, the IIO was notified of the incident including a description of the youth’s injuries.
The review of the investigative file is now complete and has been forwarded to the Criminal Justice Branch (CJB), 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 threshold for referral to CJB 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 or what charges CJB 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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