The Police Complaints Commissioner is now reviewing a police discipline authority report by Delta Police Chief Neil Dubord clearing Vancouver police officers of abuse of authority and neglect of duty over their involvement in the death of Sunshine Coast businessman Myles Gray.
The mandate of the OPCC is not to investigate police actions, rather it reviews whether allegations are fully investigated and fairly decided.
The Police Act allows the Police Complaint Commissioner to ask a retired judge to review the decision on his own authority, or at the request of a complainant or officer.
The Commissioner may also make recommendations to address any concerns arising from the actions of the police officers or about the disciplinary process more generally.
Myles Gray died on August 13th, 2015, as Vancouver Police officers attempted to take him into custody in South Burnaby.
Gray, originally from Powell River, operated Selma Park Evergreens in Sechelt and was in South Vancouver to make a delivery.
The Vancouver Police Department received a report of a man involved in a confrontation with a woman who was watering her lawn.
Police pursued Gray across the boundary into Burnaby, where he died as several officers restrained him.
After an investigation by the Independent Investigations Office, the BC Prosecution Service decided against laying criminal charges in December of 2020.
A Coroner’s inquest into Gray’s death wrapped up on May 1st, 2023, with the jury classifying his death as a homicide and making recommendations about police body cameras, crisis-de-escalation training, and police retention of evidence.
The discipline proceeding began on March 24, 2023, with Chief Constable Neil Dubord of the Delta Police Department acting as the designated Discipline Authority investigating accusations of abuse of authority against seven officers, and neglect of duty against six of those officers.
The proceeding lasted 19 months and was closed to the public with the only participants being the police officers and Dubord.
The final report concluded that no police officer committed misconduct and the allegations of Abuse of Authority and Neglect of Duty relating to inadequate documentation of the incident by police were not proven.
