Balancing Power: Oversight Law Enforcement

¿Civilian oversight of the police is a critical topic in any democracy. A democracy that does not hold its police accountable can become a police state in which those entrusted with the state¿s most coercive powers can defy the rule of law with impunity.¿ The Crown initially proceeded with charges of aggravated assault and assault with a weapon against Constable Cucheran of Surrey RCMP. The preliminary hearing began in September 2019. A number of witnesses were called on behalf of the defense counsel (for the police). According to some of these witnesses, Mr. Brooks was likely suffering from ¿excited delirium¿, and therefore there was a heightened risk to the officer which justified the use of force according In 2015, 20-year-old Hudson Brooks was shot nine times by a police officer in the parkade of the District 5 RCMP detachment on 152nd Street in Surrey.2 The media statement from the British Columbia Prosecution Services (BCPS) summarized the process that followed: The death was investigated by the Independent Investigations Office (IIO). A Report to Crown Counsel (RCC) was first submitted to BCPS by the IIO in October 28, 2016. After an initial review, the BCPS requested further information from the IIO. A further expert opinion was obtained by the IIO and was forwarded to the BCPS in March 2017. Further investigation was requested and the RCC was completed in November 2017. After reviewing the evidence that was available in December 2017, senior Crown Counsel were satisfied that the standard for charge approval under the BCPS Charge Assessment Guidelines was met. The Crown initially proceeded with charges of aggravated assault and assault with a weapon against Constable Cucheran of Surrey RCMP. The preliminary hearing began in September 2019. A number of witnesses were called on behalf of the defense counsel (for the police). According to some of these witnesses, Mr. Brooks was likely suffering from ¿excited delirium¿, and therefore there was a heightened risk to the officer which justified the use of force according to s. 25 (1)(b) of the Criminal Code. It should be noted that in Canada, there appears to be a lack of medical evidence supporting the conclusion that those suffering from excited delirium pose a risk to others that justifies lethal use of force.4 However, the charges were stayed following expert witness testimony during the preliminary hearing in September 2019. According to Brooks¿ mother Jennifer Brooks, at the time of the shooting, her son was wearing shorts and flip-flops and was walking around in distress. He was unarmed.