B.C.’s Office of the Police Complaint Commissioner (OPCC) will be holding a public hearing into how Vancouver police conducted themselves in relation to the death of 33-year-old Myles Gray in 2015.
Gray died after an encounter with officers in a shrouded backyard in Burnaby, B.C., in August 2015. His injuries included ruptured testicles, a broken voice box, a fractured eye socket and widespread bruising.
Seven police officers were accused of abuse of authority and six of neglect of duty, but all seven were cleared earlier this year following an investigation carried out by Delta police Chief Neil Durbord following a disciplinary hearing.
In his report, Dubord noted the limitations of his investigation which included few witness testimonies and no cross-examination. Dubord also noted discrepancies and inconsistencies in officers’ statements.
The investigation report was then forwarded to the OPCC for review.
“The alleged misconduct in this case is serious and connected to a tragic loss of life, and there is meaningful uncertainty as to what happened,” the OPCC said Wednesday in announcing its decision to hold a public hearing into the case.
“In such circumstances, it is appropriate for the public to know that the best available evidence has been gathered, tested, and considered before a final decision is made.”
How public the hearing will work
During the public hearing, retired B.C. Supreme Court Justice Elizabeth Arnold-Bailey will hear evidence and testimony concerning the conduct of the police officers, the OPCC said. Arnold-Bailey will operate independently and at arm’s length from the OPCC.
The hearing will not be limited to the evidence presented during the disciplinary hearing led by Chief Dubord. Witnesses can be called to testify and be cross-examined.
Arnold-Bailey will then decide whether there was police misconduct and determine corrective or disciplinary measures, if necessary. However, she will not determine whether criminal charges should be pursued or recommended.
The retired judge can also make recommendations to the chief constable or police board in regard to any changes in policy or practice.
Dates for the public hearing have not yet been set. CBC News has reached out to Vancouver police for comment. The B.C. Association of Chiefs of Police declined to comment.
A Police Act investigation into the 2015 death of Myles Gray has cleared seven Vancouver police officers. But as Janella Hamilton explains, the author of the report admits it was limited in scope.
Gray, 33, was unarmed when he died in the backyard nearly a decade ago. He was making a delivery for his Sechelt-based florist business when police were called after he confronted a South Vancouver homeowner for watering her lawn during that summer’s extended drought.
Officers testified during the inquest Gray was aggressive and appeared intoxicated. One said Gray, at one point, clenched his fists, tensed his body, and “roared” at the officers.
During the ensuing struggle, police restrained Gray’s arms and legs, punched, kicked and kneed him, pepper-sprayed him and struck him with a baton, according to a report from the B.C. Prosecution Service.
No one except for the police saw what happened that day.
Previous investigation
The Independent Investigations Office (IIO), B.C.’s police watchdog, also looked into Gray’s death and forwarded a report to Crown in the belief the officers may have committed a crime.
But in December 2020, the B.C. Prosecution Service announced that none of the officers would be criminally charged, in part because of the lack of witnesses and uncertainty surrounding the cause of death.
A coroner’s inquest into the case concluded last year that Gray’s death was a homicide. The jury’s recommendations included the use of body cameras with audio-recording capability for all patrol officers in the city and a review of the VPD’s de-escalation and crisis containment training.