Naming of victims up to civilian body: province
The B.C. government says it’s up to a civilian oversight body to decide whether to identify the man who died following a policeinvolved shooting at the Departure Bay ferry terminal in Nanaimo last week.
The Independent Investigations Office, which probes police-related deaths or injuries, has declined to name the man, citing the province’s Freedom of Information and Protection of Privacy Act. The RCMP and the B.C. Coroners Service have taken a similar stance.
Solicitor General Mike Farnworth and Attorney General David Eby both deferred to the IIO when asked about the issue on Monday.
“Right now, that’s in the hands of the IIO,” Farnworth said. “Obviously, when it’s appropriate to release the name, they will. I think right now we have to let the process take its course.
“To me, of course, the top priority is to make sure the case is handled in the right manner and any release of information doesn’t put in jeopardy any potential charges.”
Eby said it wouldn’t be appropriate for him to comment. “Those operational decisions are made by the IIO,” he said.
The IIO, however, says it does not release the identities of anyone involved in its investigations, which includes the person killed or injured, witnesses or subject officers.
The agency’s chief civilian director, Ron MacDonald, said while the name might not always be released, the facts of a case are eventually made public, either through the criminal justice system or through public reports filed to conclude cases where there’s no wrongdoing.
The RCMP said in a statement that it’s bound by the Privacy Act and cannot release a victim’s name unless the information is already publicly available, such as when someone has been charged; when information is required to further an investigation or when public interest clearly outweighs any invasion of privacy, for example if the public is at risk.
The RCMP has also decided not to release the name of a 35-yearold man killed on Hillside Avenue in March.
Vancouver police take a different approach. The department said in a statement that it releases the names of all homicide victims.
“We never want to live in a society where someone can be murdered in secret,” the statement said.
B.C. Green Party Leader Andrew Weaver said there should be a consistent policy across the province. He said police departments could consult with the privacy commissioner, victims’ rights groups and others before taking a position.
“The problem we have right now is it seems to be being left up to the discretion of somebody in a particular jurisdiction,” he said. “I think everybody wins if we have a policy across British Columbia that everyone can follow.”