BC's Police Investigations Process Flawed, Davies Says

Delta police to investigate Vancouver police beating allegations
By Andrea Woo, Vancouver Sun, 29 January 2010

METRO VANCOUVER --The Delta police department will take over the investigation into the case of two Vancouver police officers who injured an innocent man in a case of mistaken identity.

Police Chief Jim Chu made the announcement Friday at a media conference on the police complaints process held by SUCCESS, an agency that provides services to immigrants and others with language barriers in B.C.

Chu said he asked the Delta police department to take over after learning Yao Wei Wu had retained the services of high-profile lawyer Cameron Ward — which Chu believes "complicates" the investigation.

Ward, who has represented many clients with complaints against the police, was arrested, jailed and strip-searched in 2002 after he was falsely suspected of planning to throw a pie at Jean Chretien.

The courts ordered the city and province to pay him $10,000 but the case has been appealed to the Supreme Court of Canada for a ruling on whether litigants can be financially compensated when their charter rights are violated.

"It was my interest to have the VPD conduct a thorough and timely investigation to a standard that Mr. Wu and his advisers would agree that that was a thorough and timely investigation," said Chu.

"Because of the complication involving Mr. Ward and the VPD during this investigation, I felt it was better the Delta police take it over."

Ward sent a letter to the city clerk Thursday expressing Wu's intent to sue.

"Please be advised that Mr. Wu will be commencing a claim for damages for personal injury against the City of Vancouver and those responsible," he wrote.

Ward also claimed in his letter that police officers had repeatedly visited Wu in attempts to dissuade him from taking legal action — an allegation Chu denied.

"I do not know of any basis why Mr. Ward would make that accusation," said Chu, adding that police visits so far have only been to obtain clarification regarding a record of complaint filed by Wu.

Wu, 44, was injured by police officers Jan. 21 in a case of mistaken identity. Police responding to a domestic assault call had gone to the correct residence, but wrong suite.

The encounter that ensued left Wu — who does not speak English — bloodied, with an eye swollen shut.

He has been unable to resume work at his flooring job due to blurry vision and an aching body. A doctor advised his wife, Nan Man Chi, suffering from emotional distress, to stay home from her restaurant job.

Chu personally apologized to Wu and his family following the Jan. 21 incident.

At a press conference with a concerned citizens' group on Wednesday, Wu said he originally felt good about the 30-minute meeting and that it showed Chu was taking initiative.

"We were working with Mr. Wu," said Chu. "He was co-operative with us. Yesterday that cooperation ceased. That is why we turned it over to the Delta police."

Police complaint commissioner Stan Lowe was on hand to explain the complaint process and ensure the body's impartiality.

"We act fairly, objectively and impartially in our oversight of police complaints," said Lowe. "I need to emphasize that while I appear with Chief Chu this morning, our office operates completely independent of police, government agencies and political parties. We are dedicated public servants."

New Democrat public safety critic Don Davies, member of parliament for Vancouver-Kingsway, commended the Vancouver police for their apology but persisted in his call for an independent investigation with civilian oversight.

"It's no advantage to me to have the Vancouver police department be investigated by the Delta police department," said Davies. "We still have the problem of police investigating police."

One of the two officers involved in the incident has been put on administrative duties.

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