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

Cullen confirmed as B.C. NDP candidate for Stikine despite party’s equity policy

Former Tahltan Central Government President Annita McPhee said the process made her feel “abused”

Who is or may be running in Stikine in the provincial election

Cullen nomination sparks controversy over NDP equity policy

Citing stability, B.C. Premier calls snap election for Oct. 24

John Horgan meets with Lieutenant Governor to request vote

Witset releases COVID-19 strategy following three confirmed cases

Plan implements strict measures to contain spread of the virus

Meet the 10-year-old girl who grew a pineapple in northern B.C.

Emily Atkins discovers it takes a lot of patience to grow tropical fruit in a temperate climate

B.C. reports 91 new cases as officials remain worried over ‘clusters of COVID-19

There have now been a total of 8,395 cases in B.C. since the pandemic began

Canada’s active COVID-19 cases top 10,000 as daily new cases triple over the past month

Dr. Tam repeated her warning to young people, who have made up the majority of recent cases

First 8 months of fatal overdoses in B.C. have now exceeded 2019 death toll

Nine people died every two days in August, BC Coroners Service data shows

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Liberal effort to reset policy agenda panned by rivals as too much talk, not action

Trudeau said it’s ‘all too likely’ families won’t be able to gather for Thanksgiving next month

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

‘Show us the money’ for cannabis, local governments tell B.C.

Municipal tax, transit revenues falling as costs rise

‘It’s a boy’: Southern Resident killer whale calf born to J Pod is healthy, researchers say

J35 had previously done a ‘Tour of Grief,’ carrying her dead calf for 17 days

People ‘disgusted’ by COVID-19 election call, B.C. Liberal leader says

Andrew Wilkinson speaks to municipal leaders from Victoria

Most Read