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

VIDEO: Kootenay Patricks, Montreal Canadiens play to the crowd in Nelson

The charity game was a spectacle from puck drop

Two-vehicle collision near Castlegar sends two to hospital

The incident took place Wednesday evening near the Brilliant Bridge in Ootischenia

Security video captures Castlegar porch pirate

Man stole package from front of house in December

RCMP still investigating body found between Nelson, Castlegar

Halimi’s body was found between Nelson and Castlegar in May 2018

Castlegar Rebels come from behind to beat Nitehawks

The Rebels earned victory over the first-place Beaver Valley Nitehawks, but fell against Golden

Fashion Fridays: The basics you need for your body type

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Was Bigfoot just spotted on a Washington State webcam?

Sherman Pass is rougly 70 kilometres south of Grand Forks, B.C.

B.C. employer health tax wins ‘paperweight award’ for red tape

Businesses forced to estimate payroll, pay new tax quarterly

VIDEO: Dashcam records near-miss by bad driver near Sooke

Driver crossed four lanes of traffic and back over again, barely missing three other vehicles

New U.S. LNG terminal near northwestern B.C. town proposed

AlaskCAN International LNG wants terminal just over Canadian border, but using B.C gas

Couple wonders who’s in a Cariboo photo that’s been hanging in their home for years

Charles and Lynn Dick believe the image was taken at the 70 Mile Road House

Here’s what Canada is doing to stop the coronavirus from getting in

Health officials are monitoring multiple possible cases in Canada

‘I would not go’ to China says B.C. traveller concerned about coronavirus

Alice Li said she goes to China every other year but would scrap any travel plans

Royal Canadian Legion expels B.C. member for wearing unearned military commendations

‘Stolen valour is stolen service and it’s just totally wrong’

Most Read