Julie Berg (Appellant) and Police Complaint Commissioner, Dirk Ryneveld, Q.C. (Respondent) and David Bruce-Thomas (Respondent).

The BCCLA restricts its submissions to two questions that arise as a matter of the interpretation of the Police Act, R.S.B.C. 1996 c. 367. The first question concerns the participatory rights of complainants in a hearing called into the disciplinary action taken against a police officer. In particular, the BCCLA says that complainants are owed a duty of fairness, and that this duty includes an opportunity to present evidence and cross-examine witnesses, subject only to reasonable exception.

The second question is with respect to the appropriate standard of proof. The BCCLA says that, although higher standards are sometimes discussed at common law in disciplinary hearings, in the case of hearings under the Police Act both a plain reading of the statute, and important policy considerations, indicate that the appropriate standard of proof is the balance of probabilities.

Beyond these submissions, the BCCLA makes no argument with respect to the merits
of the underlying complaint nor the final disposition of this Appeal.