No criminal charges have been approved against a VicPD officer involved in the fatal shooting of a man outside Mayfair Shopping Centre in 2021, the BC Prosecution Service announced Wednesday.
The decision follows a lengthy review of evidence gathered by the Independent Investigations Office of BC (IIO), which had previously concluded there were reasonable grounds to believe an officer may have committed an offence and referred the matter to Crown counsel for charge assessment.
In a report released January 28th, the BC Prosecution Service said the available evidence does not meet the charge approval standard, meaning there is no substantial likelihood of conviction for any criminal offence. As a result, no charges will proceed.
The shooting occurred on September 12th 2021, near the intersection of Douglas Street and Tolmie Avenue, adjacent to Mayfair Mall.
Police had been responding to reports of a man experiencing a mental health crisis who was armed with a knife and making threats to harm himself.
According to the prosecution service’s publicly released “Clear Statement,” the man had earlier stolen a bottle of whiskey from a liquor store at Uptown Shopping Centre, held a knife to his own throat, and threatened self-harm before leaving the area.
Police from both the Saanich Police Department and VicPD responded after multiple 911 calls.
Officers attempted to contain the man near a closed credit union next to Mayfair Mall, an area surrounded by open businesses and pedestrian traffic.
Over the course of approximately an hour, police used verbal de-escalation techniques and less-lethal options, including beanbag rounds, while a trained crisis negotiator attempted to persuade the man to drop the knife.
Investigators determined that after being struck by a beanbag round, the man moved into bushes near the credit union and later emerged holding the knife.
A VicPD Emergency Response Team officer fired a single shot, striking the man. Officers immediately attempted lifesaving measures, but he was pronounced dead at the scene.
An autopsy later confirmed the man died from internal injuries caused by the gunshot wound.
The IIO referred the case to Crown counsel in November 2023, recommending several potential Criminal Code charges, including manslaughter, aggravated assault, and careless use of a firearm.
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Additional investigative materials were submitted throughout 2025.
After reviewing the evidence, Crown counsel concluded that while the officer intentionally discharged his firearm, there were viable legal defences available, including justified use of force and defence of others under the Criminal Code.
The prosecution service stated that although police were not in immediate danger at the time of the shooting, the evidence supported the officer’s belief that the man posed an imminent risk to civilians due to his erratic behaviour, proximity to unsecured public areas, and repeated statements that he intended to force police to shoot him.
Crown counsel also considered whether the officer’s failure to issue a verbal warning before firing violated policy, but determined the Crown could not prove beyond a reasonable doubt that the omission was unreasonable in the circumstances.
Because the charge approval standard was not met, the BC Prosecution Service determined that prosecution was not warranted.
The Clear Statement was released publicly to maintain transparency and confidence in the criminal justice system, as required when the IIO refers a police-involved incident for charge assessment.
