B.C. police must cooperate with investigators after officer-involved shootings: judge

The appeal was sought by Vancouver police

Police officers cannot refuse to be interviewed during investigations of possible officer-involved serious injury or death, the B.C. Court of Appeal has ruled.

In an unanimous decision on Monday, the top court ruled the duty of a police officer to cooperate with the Independent Investigations Office is “mandatory, not qualified.” The IIO investigates all police-related injuries in B.C. where someone suffers serious harm or death.

The appeal stems from an incident in Vancouver on Nov. 10, 2016, when police shot and killed a man at the scene of a robbery.

The Vancouver Police Department asked the IIO for a pre-interview disclosure, which the watchdog denied.

The officers declined to be interviewed, prompting the IIO to successfully ask the B.C. Supreme Court to force the officers to do so. No charges came as a result of the watchdog’s investigation.

In his decision, Justice David Harris wrote that police have a “duty to cooperate fully” with the IIO.

“Nothing in the wording of the statute supports the inference that police officers can withhold their cooperation with the investigation, if they disagree with the terms on which it is being conducted,” he noted.

ALSO READ: No charges against Nanaimo cop after man’s arm broken by police dog bite

ALSO READ: Woman dies after barricading herself in burning suite in Victoria


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Canadian distillers petition government to lower excise tax rate

Distilleries, like Kimberley’s Bohemian Spirits, wish to see excise rate match United States’

Smoky skies bulletin issued for Kimberley, Cranbrook

The area is likely to be impacted by wildfire smoke over the next 24 to 48 hours: Interior Health

Compound 1080 confirmed in dog deaths in Gold Creek area

Pathologist believes the poisoning was secondary

Masks4Canada group reiterates call for mask mandate

Walmart Canada and BC Transit have made masks mandatory

Kiakho Lake wildfire being held, Stirton Rd wildfire under control

Latest update on two local wildfires in the Kimberley and Cranbrook area

STANDING TALL: Forestry workers meet the challenges, remain hopeful

A look at the forest sector in B.C. – and those hoping for the best – amid mill curtailments

Parkinson SuperWalk goes virtual throughout B.C. due to COVID-19

People encouraged to walk around their neighbourhood, along community trails, through parks, forests

Missed rent payments ‘cause of COVID-19? You have until July 2021 to pay up

Each monthly instalment must be paid on the same date the rent is due.

U.S.-Canada pandemic border restrictions extended into September

‘We will continue to keep our communities safe,’ says Public Safety Minister Bill Blair

578 British Columbians currently infected with COVID-19

Seventy-eight new cases confirmed in past 24 hours

WE Charity registers as lobbyist, lays off staff, looking to sell real estate

WE Charity said its financial position has been greatly affected by the COVID-19 pandemic

Conservation seizes fawn illegally kept captive in Vancouver Island home

A Comox Valley resident charged and fined under the Wildlife Act

Pandemic could be driving more parents to get on board with flu shot: study

University of B.C. study gauges willingness for parents to vaccinate children for influenza

Watchdog clears Okanagan RCMP in death of man after arrest over alleged stolen pizzas

The man died in hospital after having difficulty breathing and broken ribs

Most Read