A retired judge has ruled that a Victoria police officer committed misconduct in the 2019 death of Lisa Rauch, who died after being struck by ARWEN rounds fired by police on Christmas Day.
The finding was made by Adjudicator Wally Oppal, K.C., following a public hearing ordered by the Office of the Police Complaint Commissioner (OPCC).
Oppal concluded that the actions of Constable Ron Kirkwood (now Sergeant) during the fatal encounter amounted to misconduct under the Police Act. However, he found that Kirkwood’s note-taking following the incident did not rise to the level of misconduct.
Rauch, who was 43 at the time, died after being shot with the less-lethal projectiles during a standoff at a supportive housing unit in Victoria.
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The incident triggered multiple levels of investigation and review, including an initial Police Act investigation in January 2020.
That probe was paused while the Independent Investigations Office (IIO) conducted a separate criminal investigation. When the IIO declined to recommend charges in October 2020, the Police Act investigation resumed.
An external police investigator later found no misconduct in the case, a decision upheld by a retired judge in July 2023. However, at the request of Rauch’s family, a further review was ordered, and a public hearing was convened by the Police Complaint Commissioner in October 2023.
The hearing, which ran from April to September 2024, focused on both the use of the ARWEN rounds and the adequacy of Kirkwood’s documentation of the event.
“This public hearing was the first to be called under the B.C. Police Act into a person’s death and involved difficult and challenging circumstances,” said Prabhu Rajan, B.C.’s Police Complaint Commissioner, in a statement Friday.
“Ms. Rauch lost her life, and her family and friends are surely continuing to deal with their tragic loss.”
Rajan added that while the incident was traumatic for everyone involved, including first responders and Kirkwood himself, the hearing was necessary to fully understand what occurred and ensure public trust in police oversight.
No date has yet been set for a decision on what disciplinary or corrective actions may follow. Oppal’s ruling opens the door for potential recommendations aimed at changing how police use less-lethal weapons and document critical incidents in the future.
For more information on the OPCC and its role in police oversight, visit opcc.bc.ca.
