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Will Police Officers Take the Stand? Uncertainty Hangs Over Hearing in Myles Gray’s Death, Says OPCC

The upcoming public hearing regarding the tragic death of Myles Gray in 2015 is shrouded in uncertainty as it remains unclear whether seven Vancouver Police Department officers involved in the fatal altercation will provide testimony. While the Office of the Police Complaint Commissioner of British Columbia has stated that officers cannot be forced to testify at public hearings, other witnesses including officers who were present at the scene, paramedics, and a pathologist are slated to testify.

Myles Gray, aged 33, succumbed to injuries following a brutal incident that resulted in severe physical harm, including ruptured testicles and multiple fractures. Although a disciplinary authority previously absolved the seven Vancouver officers of any wrongdoing in October 2024, Police Complaint Commissioner Prabhu Rajan emphasized lingering uncertainties about the case.

The public hearing scheduled to commence next week in Vancouver aims to delve into the details of Gray’s tragic demise. Despite the discipline authority’s dismissal of misconduct allegations against the officers, concerns have been raised regarding the procedural fairness of the Police Act in handling such cases.

Gray’s family has pushed for this public hearing, with retired B.C. Supreme Court Justice Elizabeth Arnold-Bailey appointed to oversee the proceedings. While the respondent officers have the option to testify at the hearing, their decision could potentially have implications as an adjudicator may draw adverse inferences from their choice not to testify.

The hearing’s anticipated witness list includes Gray’s mother, Margaret Gray, and three civilian witnesses who encountered Gray prior to the fatal encounter with law enforcement. The 10-week hearing schedule, subject to change, also aims to address the shortcomings highlighted during a previous coroner’s inquest into Gray’s death, which recommended the implementation of body cameras for police and enhanced training on de-escalation tactics for handling individuals exhibiting mental health challenges.