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

USS Wrestling team takes unique detour around Tofino-Ucluelet highway closure to rock Abbotsford tournament

“It was a pretty fun weekend actually. We had a good time. It was a bit of an adventure.”

Friday’s earthquake a reminder to be prepared, says Ucluelet mayor

“When someone says, ‘Be prepared for 72 hours,’ that means exactly that: be prepared.”

Central Westcoast Forest Society is searching for wood and trees

Scrap wood will be used to help rebuild the local salmon populations near Tofino and Ucluelet.

UPDATED: Tofino-Ucluelet highway reopens after bridge installed earlier than expected

Hwy. 4 now open to all vehicles, including delivery trucks and RVs

VIDEO: Canada’s first presumptive case of coronavirus officially confirmed

Both patient and wife arrived on a China Southern Airlines flight after having been to Wuhan

Swapping grape varieties can help winemakers adapt to climate change: UBC study

Report says 56% of wine-grape-growing regions would be lost if global climate warms by 2 C

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

Police search for man who went missing from Vernon hotel

Jay Rosenberger, 38, was last seen Friday

Filming for Resident Alien begins in Ladysmith

Aliens and excitement take over the streets of Ladysmith during new TV series

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

After four sexual assaults in the same B.C. park, RCMP ask women not to walk alone

Four sexual assaults took place in Glen Park over two months

The Three Bears are down to two after baby bear carving stolen from his perch in Island community

Thief repeatedly kicked it and dislodged it from cement and rebar

Most Read