A crash on the Burnaby-New Westminster border last week that killed two teenagers has reignited the debate and discussion surrounding police pursuits.
Authorities are still investigating why the crash suspects allegedly fled a traffic stop and whether they were pursued by police, but the tragedy nonetheless raised questions about when and whether police pursuits are justified.
The two occupants of the vehicle that allegedly fled the stop – a male driver and a female passenger – were arrested at the scene. They have been released from custody and are scheduled to appear in Vancouver Provincial Court on November 29.
Transit police recommended they be charged with dangerous operation of a motor vehicle causing death and fleeing police, but no charges have yet been laid, according to a police spokesman.
The collision claimed the lives of two teenagers who were on their way home from soccer practice; Samir Olyad Suleyman Ali, 18, and Yasbrat Habtamu, 17, died in hospital shortly after the crash on Tuesday night.
Metro Vancouver Transit Police, which has police powers like other municipal police forces, oversaw the traffic stop.
British Columbia’s Office of Independent Investigations, which reviews all police actions that result in death or serious injury, is investigating whether police pursued the fleeing vehicle, said Ronald McDonald, the IIO’s chief civilian director.
“That’s certainly one of the very important things we’re looking at,” McDonald said. “So one of the things we consider is, if there was a prosecution, was it necessary? Was it appropriate? Did you follow the appropriate law and guidelines?’
A police pursuit usually takes place when a suspect has committed or is about to commit a serious crime and if not arrested immediately, it would pose a greater risk to the public than the pursuit.
Two people died after the car they were driving collided with a vehicle fleeing transit police on July 26, 2022. (Shane MacKichan)
Kash Heed, a former police chief who briefly served as British Columbia’s solicitor general, says officers need to ask themselves whether the pursuit is worth the risk.
“Was this criminal offense an indictable offense where you should immediately arrest that person to stop his or her act from continuing?” he said.
Heide says that before a chase, officers should consider whether there is another way to apprehend a suspect at that time or later.
“For example, if you have the registration number, if you have [a] visually, if you have any kind of video, whether it’s from your camera or something like that,” Heid said.
In a statement, BC’s Ministry of Public Safety said police agencies must set operational policies regarding police pursuits, which include compliance with the Emergency Driving Regulations and setting a threshold for initiating a pursuit.
Haidt says some jurisdictions have banned stalking, a practice he opposes. He believes that the policies in place are adequate if they are implemented and employees follow them.
The cost of police pursuits
A study released last year by an independent public watchdog found that 77 people died in police pursuits over a 10-year period in Canada.
The study analyzed 871 pursuits involving the RCMP and other police forces across the country. Officers were found to be injured in seven percent of the chases the researchers examined.
Drivers and passengers of fleeing vehicles were injured in 23 percent of the chases, while innocent bystanders were injured in 10 percent of the cases.
The study says aerial pursuits – helicopters, drones or fixed-wing aircraft – are more effective and less risky, but also more expensive.
Independent Investigation Agency detectives are shown at the scene of a police shooting in Vancouver in April. The IIO is investigating last week’s crash and the events leading up to it. (Ben Nelms/CBC)
Chrissy Burbank’s daughter was killed in 2000 after a carjacking suspect pursued by the RCMP crashed her car.
Burbank said police pursuits should only take place in rare cases, such as child abductions and other serious crimes.
“People go to work, enjoy life, go to school, and it all disappears in an instant,” she said.
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