The Office of the Police Complaint Commissioner has ordered a public hearing into the death of Myles Gray, following a confrontation with Vancouver police nearly 10 years ago.
Gray died in August 2015 after a severe beating by seven Vancouver police officers that left him with hemorrhaging in his testicles, and fractures in his eye socket, nose, voicebox and rib.
A 2023 coroner’s inquest concluded the death was a homicide.
The officers involved were the only witnesses, and there was no video evidence.
In October, a Police Act investigation under the authority of the Office of the Police Complaint Commissioner (OPCC) concluded that allegations of abuse of authority against the seven officers were “not substantiated.”
On Monday, Police Complaint Commissioner Prabhu Rajan said a public hearing into the incident was necessary to address serious unresolved issues, including the adequacy of evidence, potential misconduct and the need to maintain trust in police through transparency.
“The alleged misconduct in this case is serious and connected to a tragic loss of life, and there is meaningful uncertainty as to what happened,” Rajan said in a statement.
“In such circumstances, it is appropriate for the public to know that the best available evidence has been gathered, tested, and considered before a final decision is made.”
The hearing will focus particularly on concerns about allegations of use of force and the officers’ failure to record timely notes about the incident.
In ordering the hearing, the OPCC noted that while the discipline authority in the initial Police Act investigation dismissed the allegations, he also called the process “strangely lopsided.”
Former Delta police chief Neil Dubord, who headed that probe, highlighted that the officers under investigation were allowed to choose who could testify.
“In this case, witnesses with potentially relevant evidence were not called to testify at the Discipline Proceeding, and the evidence of the five members who did testify was not tested through cross-examination,” the OPCC order states.
“The Discipline Authority had to decide the case despite having identified discrepancies and inconsistencies in statements made by VPD members and limits in the evidence before him.”
The complaint alleges that constables Beau Spencer, Hardeep Sahota, Josh Wong, Kory Folkestad, Nick Thompson, and Derek Cain may have committed abuse of authority by using excessive force and dereliction of duty for failing to complete required notes and reports in the matter.
Const. Eric Birzneck faces only the second allegation of neglect of duty.
The public hearing will be conducted by retired judge Elizabeth Arnold-Bailey, and include evidence from multiple sources, including civilians, emergency personnel and experts.
2015 death
Gray died on Aug. 13, 2025 following a confrontation with multiple police officers in southeast Vancouver.
The inquest into his death heard that Gray was delivering flowers as a part of his business at the time. Witnesses testified he was shirtless and swore at and sprayed a woman with a garden hose before walking in circles, yelling, and running into the street.
Vancouver police responded to a 911 call about an agitated man, leading to a confrontation on a residential property.
The inquest heard officers punched the 33-year-old in the face, delivered blows to his body, and used a procedure that applied pressure to the sides of his neck before forcing him onto his stomach and handcuffing him behind his back.
Officers testified that Grey was “actively fighting” police, that attempts to restrain him by force were “ineffective” and that they feared for their safety.
A forensic pathologist concluded he died as a result of cardiac arrest, complicated by police actions including neck compression, blunt force injuries, and the use of pepper spray.
The inquest also heard from several officers that their police union directed him not to make handwritten notes about the incident.
A lengthy probe by the Independent Investigations Office concluded there were grounds to believe officers may have committed an offence, and forward a report to Crown counsel.
However, in 2020, the BC Prosecution Service declined to move forward with charges, citing a lack of evidence of a crime and of witnesses other than police.
Gray’s family has been consistently critical of the investigation process.
— with files from Catherine Urquhart, Sarah MacDonald and the Canadian Press