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Florkow and London v. Police Complaint Commissioner

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This case arises from the alleged assault of Yao Wei Wu in 2010 by two members of the Vancouver Police Department. At issue is whether the Police Complaint Commissioner (“PCC”), per the Police Act, R.S.B.C. 1996, c. 367, (the “Act”) has authority to call a public hearing into allegations of abuse of authority following a finding by the Delta Police Department that the actions of the two officers in question did not constitute misconduct. This case concerns statutory interpretation and procedure under the Act.

The BCCLA has long advocated for improving police accountability and the police complaint process. The PCC’s position is that it should have the discretionary authority to convene a public hearing to preserve or restore public confidence in the investigation of misconduct or the administration of police discipline. The BCCLA is an intervener in this case and argues that the Act gives the PCC discretion to order a public hearing where, as here, the PCC considers that there are flaws in the investigation leading to a final investigation report but no further investigative steps can be taken.

Argument
Judgment

The BCCLA is represented by Michael Feder and Paige Morrow of McCarthy Tétrault LLP.

British Columbia Court of Appeal