Police must cooperate with investigators after officer-involved shooting: court ruling

VANCOUVER (NEWS 1130) — Police in B.C. don’t have the power to dictate when –or if– they agree to be interviewed about an officer-involved shooting, according to the latest court ruling.

The BC Court of Appeal dismissed an appeal involving seven Vancouver Police officers forced to explain why a robbery suspect was killed in 2016.

Daniel Rintoul, 38, was shot and killed by police after he took a hostage at knifepoint at a Canadian Tire. At the time, the officers who were considered witnesses refused to give statements to investigators from the Independent Investigations Office, B.C.’s police watchdog.

RELATED: Independent Investigations Office launches court action against VPD

In October of 2018, police were compelled to cooperate with a team of IIO investigators, who later found the reasonable force was used when Rintoul was shot nine times.

The BC Court of Appeal upheld a BC Supreme Court judge’s ruling which determined the VPD does not have the discretion to dictate when officers are available to be interviewed or decide what questions they agree to answer.

IIO Chief Civilian Director Ron MacDonald says this confirms the previous ruling which says police have the duty to cooperate with the IIO.

“How that duty to cooperate is defined, is up to the IIO. Therefore, when we ask a witness officer to attend for an interview they have to attend without placing preconditions on that attendance,” he explains.

MacDonald says this ruling is beneficial since it helps clarify some of the rules for the IIO and police forces in B.C.

When it comes to the relationship between the IIO and police agencies, MacDonald says he has seen improvements in recent years.

RELATED: VPD officers cleared of wrongdoing in 2016 shooting death: report

“That doesn’t mean we don’t have differences of opinion. Sometimes the only way to resolve those issues is to go to court, this is an example of this. But that’s all part of living in a respectful society that is decided, in the end, by the rule of law,” he says.

Despite the appeal, MacDonald doesn’t believe it was any kind of delay tactic by the VPD.

“I would suggest it was a bonified difference of opinion on how an interview should be conducted,” MacDonald says.

Vancouver Police have yet to say if this latest ruling will be further appealed.

With files from Renee Bernard

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