ADJUDICATOR Elizabeth Arnold-Bailey, retired BC Supreme Court Justice, will preside over the hearing into the actions of seven Vancouver Police (VPD) officers on August 13, 2015, and the subsequent death of 33-year-old Myles Gray after police responded to a 911 call and used significant force to subdue and restrain him, according to a press statement by the Office of the Police Complaint Commissioner (OPCC).

The hearing will begin on Monday, January 19 at 9:30 a.m. in Room C440 at UBC Robson Square which is located at 800 Robson Street, Vancouver. It is set for 10 weeks, Monday through Thursday, except the week of Family Day (February 16, 2026) when it will run Tuesday to Friday.

An audio feed of the hearing will be available on line at: https://bbb.allwestbc.com/b/adm-cs7-cnb-k4r

At issue is whether seven VPD officers intentionally or recklessly used unnecessary physical force in an altercation with Gray who lost consciousness and died at the scene.  The adjudicator will also consider to what extent the officers were required to make, preserve, and provide relevant notes, reports or statements in a timely way.

The public hearing was preceded by a police-led disciplinary process in which the police chief of an external department, acting as discipline authority, determined that the seven VPD officers did not commit misconduct in the events that led to Gray’s death. In his report, however, the chief noted that the evidence before him was limited, there were discrepancies and inconsistencies in member statements, which did not have the benefit of cross-examination, and the framework for discipline proceedings under the Police Act has inherent limitations. The chief contrasted this with public hearings which allow for the testing of evidence in a trial-like process.

“This hearing is necessary in order to allow for the testing of all relevant evidence and fully understand what occurred on that tragic day in determining whether any of the members committed misconduct. While I recognize that the length of time these matters have been ongoing has had a significant toll on all concerned, especially for Mr. Gray’s family and the respondent members and their families, and revisiting these traumatic events may be challenging, I have determined that doing so is necessary to search for truth and fulfill the purposes of the Police Act.” said Prabhu Rajan, BC Police Complaint Commissioner.

The full public hearing notice can be found here

This public hearing will be one of the largest in terms of the numbers of officers and legal counsel involved, the volume of documentary evidence disclosed, and its projected length of 10 weeks.

While the public hearing is underway, the OPCC will not provide comments about the merits of the case other than through its counsel at the public hearing.

About the OPCC and Public Hearings:

• The OPCC initiates mandatory Police Act investigations whenever death or serious harm results from an incident involving municipal police officers or in instances where someone is in the care or custody of police. These investigations are separate and distinct from investigations by the Independent Investigations Office (IIO) and are not restricted to evidence gathered by the IIO.

• While the OPCC does not have a mandate to investigate or make determinations about police misconduct, it does act in the public interest to ensure allegations are fully investigated and fairly decided.

• A public hearing is not limited to the evidence and issues canvassed at the discipline proceeding. The Police Complaint Commissioner appoints Public Hearing Counsel to present to the Adjudicator the case relative to each allegation of misconduct against the member. The Police Complaint Commissioner can also participate at a public hearing through Commission counsel.

• A retired judge is appointed to sit as the adjudicator and review the evidence, hear sworn testimony, and arrive at a decision as to whether there is misconduct and, if necessary, determine the corrective and/or disciplinary measures to be imposed. The retired judge may also recommend changes in policy or practice.

• The Police Complaint Commissioner is a civilian, independent Officer of the Legislature overseeing complaints, investigations and discipline involving municipal police in British Columbia. For more on the OPCC, visit https://opcc.bc.ca/about-us/