A police roadblock near Slocan during the hunt for Peter de Groot in 2014. (Black Press Media file)

B.C. officer who killed man sues watchdog, alleges investigation too long

Corp. Brian Burke shot Peter De Groot in a cabin near Slocan in October 2014

An RCMP officer who killed a man during a confrontation near Nelson has launched a lawsuit against the provincial police watchdog alleging the investigation that cleared him of any wrongdoing after the shooting took too long.

Corp. Brian Burke says in a statement of claim that the Independent Investigations Office took on the case a day after he shot Peter De Groot in a cabin near Slocan in October 2014.

The statement, filed in B.C. Supreme Court on Aug. 31, says it took 3 1/2 years for the office to issue the decision that Burke acted lawfully and was justified in using deadly force.

When the investigations office issued its report in March, it acknowledged that the probe took an “unfortunate” length of time.

The lawsuit asserts that the delay was because the office failed to use properly trained experts and didn’t gather all the relevant evidence.

None of the allegations in the statement of claim have been proven in court and a statement of defence hasn’t been filed.

READ MORE: RCMP cleared in death of De Groot

READ MORE: De Groot family slams investigation report

The office’s chief civilian director, Ron MacDonald, wouldn’t comment on the lawsuit Thursday, saying he wanted to respect the court process.

“The IIO’s response to the allegations will be made within the context of our pleadings, but I don’t think ethically it would be appropriate for me to talk about them outside the court,” he said.

RCMP deputy commissioner Brenda Butterworth-Carr said after the report was release that the delay compounded the trauma and was unacceptable for De Groot’s family, the officers involved and the community.

Burke’s statement of claim says he was diagnosed with post-traumatic stress disorder in 2010, but at the time of the shooting he was healthy.

His PTSD symptoms returned after the shooting, the lawsuit says.

“As a result of the chronic stress caused by the lengthy investigation, Burke went off work due to a disability in April 2017,” the lawsuit says. “Burke remains off work and is unable to work due to disability.”

MacDonald said the reasons for the delay were set out in the report released in March.

“The fact that the original pathology report suggested that the affected person was shot in the back, which then led the IIO to other investigations,” he said, adding that more information was eventually received that made it clear no officer had committed an offence.

The report says the initial evidence that De Groot had been shot in the back was later countered by analysis from pathologists.

Burke’s lawsuit asks for damages and calls on the court to determine that the investigations office was negligent.

“The losses Burke suffered are reasonably foreseeable consequences of the IIO’s negligent investigation, or in the alternative, negligence,” the statement alleges.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Forestry workers set to begin job action in Kootenays

Operations in Castlegar, Cranbrook, Galloway, Elko, Radium, Golden may see job action this week.

Second-story pot shop snuffed out

Invermere marijuana shop must revisit site proposal

Sultans of String swing into town

Show at Pynelogs November 29th

B.C. Legions in need of young members to continue aiding veterans into the future

Lest we forget what thousands of men and women did to fight for Canada’s freedoms – but without new membership, many Legion chapters face dwindling numbers

Nordic club glides into new ski season

Special presentation by Olympian Ingrid Liepa

Saving salmon: B.C. business man believes hatcheries can help bring back the fish

Tony Allard worked with a central coast First Nation to enhance salmon stocks

High-end B.C. house prices dropping, but no relief at lower levels

But experts say home ownership remains out of reach for many for middle- and lower-income families

Worker killed in collision at B.C. coal mine

Vehicle collision occurred at approximately 10:45 a.m. this morning

B.C. asking for tips on ‘dirty money’ in horse racing, real estate, luxury cars

Action follows a Peter German report on money laundering in B.C. casinos

Canadian dead more than a week after plane crash in Guyana: Global Affairs

Global Affairs said it couldn’t provide further details on the identity of the Canadian citizen

Children between 6 and 9 eligible for $1,200 RESP grant from province

BC Ministry of Education is reminding residents to apply before the deadline

Victoria spent $30,000 to remove John A. Macdonald statue

Contentious decision sparked controversy, apology from mayor

Privacy concerns over credit card use for legal online pot purchases

Worries follow privacy breaches at some Canadian cannabis retailers

NEB approves operating pressure increase to repaired Enbridge pipeline

The pipeline burst outside of Prince George on Oct. 9, now operating at 85 per cent

Most Read