The Independent Investigations Office (IIO) has filed a report to Crown Counsel for consideration of charges in connection with a fatal motor vehicle incident in Langford, according to a press release issued today.
On Tuesday April 5, 2016, Cst. Sarah Beckett was killed when her cruiser was hit by another vehicle at the intersection of Peatt Road and Goldstream Ave. The driver, Kenneth Jacob Fenton, faces five charges that include impaired driving causing death.
Prior to the collision, another RCMP officer (who is the subject of this investigation) attempted to pull over Fenton’s vehicle. Fenton did not stop and collided at the intersection resulting in the death of Cst. Beckett.
The focus of the IIO investigation relates to the actions of the RCMP officer who attempted to stop and pull over the civilian’s vehicle. The IIO’s investigation includes the circumstances surrounding the collision and the subsequent information provided by the subject officer to the RCMP.
The Chief Civilian Director of the IIO has completed his review of the investigative file and, pursuant to Section 38.11 of The Police Act, has forwarded a report to Crown for consideration of charges. This is required when the CCD considers that an officer may have committed an offence under any enactment.
It should be noted that the threshold for referral to Crown is lower for the IIO than for other law enforcement agencies in the province.
The release states that the IIO does not make a recommendation on whether charges should be approved. The Criminal Justice Branch has jurisdiction over the charge assessment and charge approval process.
“In approving charges, the Criminal Justice Branch must be satisfied not only that an offence may have been committed, but that the commission of an offence can be proven in court beyond a reasonable doubt. Criminal Justice Branch policy provides that in making this assessment Crown Counsel will apply a two-part test:
- There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency.
- A prosecution must be required in the public interest.
Under these circumstances, no public report will be issued by the IIO and no further information will be provided.”
