The B.C. Civil Liberties Association will be in the Federal Court of Canada this Thursday to defend its right to make a complaint regarding the RCMP’s conduct in the shooting death of Ian Bush in Houston, B.C. The hearing is scheduled for Thursday, March 29, 2007 at 9:30 in the Federal Court building at 701 West Georgia St., Room 702 (7th Floor).

The BCCLA had filed a complaint against the RCMP shortly after Mr. Bush’s death in October of 2005. The RCMP terminated the investigation of the BCCLA’s complaint in the summer of 2006 on the basis that it was not necessary or reasonably practicable to investigate. The BCCLA sought a review of the RCMP’s decision by the Commission for Public Complaints Against the RCMP (CPC), the civilian oversight body of the RCMP. The Chair of the CPC, Paul Kennedy, upheld the RCMP’s decision to terminate the investigation in September 2006 and launched a similar but different complaint.

In order to preserve the public’s right to make complaints against the RCMP and to ensure a timely review of police conduct involving in-custody deaths, the BCCLA brought a judicial review of Mr. Kennedy’s decision in the fall of 2006.

The Attorney General of Canada is now challenging the BCCLA judicial review application as moot. The BCCLA will argue that the BCCLA’s application is not moot and should proceed to court for determination. The BCCLA believes that it, and any other member of the Canadian public, should have the right to lodge a complaint and have it investigated.

The BCCLA has a long history of working to ensure police accountability. The Association’s policy is to file a complaint whenever there is the death of a civilian who is in the custody of police or while being pursued by the police. We do so in order to promote timely, civilian oversight and review of police conduct.

The BCCLA is represented by David Harris, Q.C., Michael Stephens and Jasmine MacAdam of Hunter Litigation Chambers.