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

Smoky skies clearing throughout B.C. Interior

Environment Canada expects “widespread” improvement for all affected areas by Sunday

Interior Health reports three additional COVID-19 cases in region

The number of cases in the region since the beginning of the pandemic are now at 492

‘This is a very difficult sentencing’; Judge delays Kiera Bourque manslaughter trial to next week

The courts heard Friday that Bourque “did not intend to cause harm” but that her actions were “reckless”

COVID-19 minimizes Okanagan Regional Library budget increase

Library adapts to pandemic fiscal disruptions

Interior Health continues to tackle COVID-19

IH president Susan Brown says don’t become complacent about pandemic

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

Stranger in truck grabs boy walking home from school in Kelowna

The 11-year-old boy escaped the incident, RCMP are investigating

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

70-year-old punched in the head in dispute over disability parking space in Nanaimo

Senior’s turban knocked off in incident at mall parking lot

Most Read