Could the tragic death of Myles Gray lead to changes in B.C.’s Police Act?
That question is being raised after a Police Act investigation into the confrontation with Gray that led to his death determined none of the seven officers’ actions involved misconduct.
The probe concluded allegations of abuse of authority and neglect of duty were “not substantiated.”
Myles Gray died in 2015 following a confrontation and beating involving seven Vancouver Police officers. A coroner’s inquest classified the 33-year-old’s death as a homicide.
But in an 85-page report, Discipline Authority Delta Police Chief Neil Dubord noted he was limited in his abilities.
“Police Act discipline proceedings are entirely unlike trials or many administrative tribunal hearings,” Dubord stated.
“The evidence is almost totally a written record, and there is no cross-examination. While the respondent officers may challenge findings … the converse is not true: there is nobody there to challenge the officers’ evidence or submissions. It is a strangely lopsided process.”
On Wednesday, Ian Donaldson, lawyer for the Gray family, told Global News Dubord’s report raises serious concerns.
“If the problem is the Police Act, then the Police Act ought to be revisited with being mindful of the need for accountability without requiring people to incriminate themselves,” he said.
With British Columbia just nine days out from a provincial election, the question became an issue on the campaign trail on Thursday.
“This is what the independent Office of the Police Complaint Commissioner should be doing and looking at,” BC Conservative Leader John Rustad said.
“They should have the ability to be able to delve into this, to collect the information and to ask those questions.”
NDP candidate Mike Farnworth, who served as solicitor general in the last sitting of the legislature, said he won’t have access to Dubord’s report until after the election, but said he believes it will help inform changes to the Police Act that are already underway.
“The next stage of the police reform deals with accountability and these kinds of disciplinary situations and ensuring that they are fair for all parties involved,” he said.
The process has been painful for the Gray family.
“I’m pretty upset but I’m not surprised by it,” Myles Gray’s sister Melissa Gray said.
“It has been 9 years of this where we’ve gotten nowhere. So it’s just another hit.”
The Office of the Police Complaint Commissioner said Thursday that it was reviewing the file, and could make recommendations.
There could also be a review by a retired judge, involving a public hearing or review on the record.