THE Office of the Police Complaint Commissioner has ordered a review by a retired judge into the findings of a discipline proceeding relating to an allegation of discreditable conduct against a member of the Vancouver Police Department (VPD).
Constable Samuel Cheung was investigated under the Police Act in relation to an off-duty incident occurring during the evening of July 2, 2022.
Cheung was driving his personal vehicle as the lone occupant, when he rear-ended a civilian vehicle with several occupants, in Delta.
Delta Police Department (DPD) members attended the motor vehicle collision and issued Cheung an approved screening device demand to provide a breath sample which resulted in a “fail.” Additionally, while at the scene, Cheung disclosed to a DPD member that he was employed as a police officer with the VPD.
Cheung was subsequently administered a breath test apparatus, or approved instrument test, that registered his blood alcohol level over the legal limit. Cheung was issued a notice of 24-hour prohibition and an administrative driving prohibition and was released on an undertaking to appear in criminal court.
The matter was investigated by the VPD Professional Standards Section, and during a subsequent discipline proceeding, Cheung was found to have committed one allegation of discreditable conduct. The discipline authority recommended that Cheung receive a five-day suspension without pay.
In his Notice of Review on the Record issued on May 10, the Police Complaint Commissioner has determined that the proposed discipline does not adequately address the seriousness of Cheung’s conduct and that the level of discipline proposed by the discipline authority does not sufficiently consider a number of aggravating factors. The Police Complaint Commissioner has further determined that a review on the record is necessary in the public interest.
A retired BC court judge will preside as the adjudicator for the review on the record which has yet to be scheduled.
Updates on the review will be shared on the OPCC website.
The full notice of review is available here.
