An RCMP badge
British Columbia prosecutors have announced charges against an RCMP officer after a fatal shooting in the city of Surrey two years ago.
Hudson Brooks was 20 when he was shot and killed outside a Surrey RCMP detachment in the early hours of July 18, 2015.
The BC Prosecution Service said Tuesday it had approved charges of aggravated assault and assault with a weapon against Constable Elizabeth Cucheran. Her first court appearance is scheduled for January.
The Prosecution Service said it could not comment further as the matter is now before Provincial Court. It did not provide details on Constable Cucheran's alleged role in the incident. It also did not explain why only assault charges were laid.
Mr. Brooks's mother, Jennifer, said she was relieved charges had been laid. She described her son as the life of the party and said he would cook dinner for the family six times a week.
"Hudson was amazing. He was really athletic. He was very, very funny. The class clown," she said in an interview. "I want people to know that my son's life mattered a great deal to many, many people."
Staff Sergeant Annie Linteau, an RCMP spokesperson, said in an e-mail that Constable Cucheran is currently on administrative duty "and that duty status is subject to continuous assessment."
The shooting was investigated by the Independent Investigations Office, the police watchdog borne out of the Robert Dziekanski and Frank Paul public inquiries.
The office – which cannot lay charges or even recommend whether charges should be approved – announced in October of last year that it would forward its investigation report to Crown counsel.
The laying of charges against Constable Cucheran marks the 13th time an investigation by the office has led to charges since it opened in September, 2012.
Of the eight cases that have been completed, four resulted in guilty pleas, two officers were acquitted and the two other cases were stayed. Two of the guilty pleas stemmed from assault cases while the other two were for driving offences.
In the hours after Mr. Brooks's death, the RCMP released a statement that said its officers "responded to reports of a suicidal male screaming" just outside the detachment.
"Police officers, who were in the District 5 office at the time, rushed outside and located the male. A physical struggle ensued and the male was shot by an officer," the statement read.
The statement added an RCMP officer "sustained a non-life threatening gunshot wound" during the incident but did not explain further.
Staff Sgt. Linteau on Tuesday said she could not provide more information on the incident since the matter is before the court.
The Independent Investigations Office has said only police weapons and equipment were recovered at the scene.
The Prosecution Service said charges against Constable Cucheran were approved after a complete review of the available evidence by senior Crown counsel.
"The investigation and charge assessment process were protracted due, in part, to the complexities of the evidentiary issues in the case and the requirement for further investigation and analysis," it wrote in a statement.
The Independent Investigations Office has been criticized at times for the pace of its investigations. The office is currently involved in two legal battles involving members of the Vancouver Police Department.
The office has said witness officers – that is, members who are present during an incident – must fully co-operate with IIO investigations under B.C.'s Police Act.
However, a response filed in B.C. Supreme Court in May by seven officers involved in the legal battles challenged the office's view of co-operation and said members should be able to review incident records prior to being interviewed.
"'Co-operation' implies that police officers will accede to all reasonable requests from the IIO. 'Co-operation' does [not] include a duty to submit to unreasonable demands," the response read.
The matter is expected to be heard next year.
With a report from
The Canadian Press