The Raid Has Been Beat: Vancouver Police Close Investigation

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On June 3rd, 2014 the Vancouver police raided an activist house home to indigenous warriors and anarchists involved in political organizing on the pretext of anti-pipelines graffiti. The police seized items such as black clothes, political zines  posters, laptops, cameras, USBs and a banner. They have also forcefully taken a DNA blood sample from this individual. Although the raid was initially over graffiti (mischief under $5000) it has been widened to over $500,000 in damages spanning from September 2012 to April 2014 relating to several vandalized banks, community policing centres, restaurants and arson attacks. Theses attacks typically followed a communique posted on anarchist news claiming they were against gentrification, pipelines and capitalism or in solidarity with other groups facing repression. The investigators Burt Rainey and Derek Wong both believe all of these crimes are the work of one individual. We have now heard from our lawyer that these invesigations have been closed and charges are not likely. Below is a update from our lawyer.

“Here is an update about your case:

In late May I contacted Bernie Wolfe, who was assigned the Burnaby Mountain protest cases in relation to which your friend had a bail hearing before you decided to retain me. I wished to determine whether he was aware of your case/had been assigned it or was expecting charges to be approved against you.

I explained that a search warrant had been executed on your residence, a DNA warrant had been executed against you, and investigation of you had been in process over the previous year.

I re-contacted Bernie Wolfe several times anticipating a reply.

Mr. Wolfe replied after several weeks indicating he had not heard of your case and did not know the status of it. He explained that Administrative Crown, Grant Wong, had approved the charges in relation to your friend and may know more.

I contacted Grant Wong with the same request for information.

Mr. Wong responded in late June asking me for more information (i.e. whether you’d previously been arrested/released on a Promise to Appear, whether you had an upcoming Promise to Appear court date, or whether you simply believed you were being investigated and if so, by which police agency/in relation to which events/and whether any police file numbers were available to me so he could check on things further.

I supplied the VPD incident number 2013-201359 and indicated you’d been arrested in 2013 and subsequently released. I supplied your date of birth, full name, etc.

Mr. Wong replied in late August indicating that neither your name nor your police number come up in any database/system used by the Crown to review upcoming/ongoing cases. This means that the police never submitted charges to Crown for approval. The Crown databases showed no outstanding files involving you whatsoever.

Mr. Wong and I very recently had a further discussion where he acknowledged that your case is now some two years old and the fact that nothing having been submitted to the Crown is telling. There is a six-month limitation period on laying charges in order to proceed by way of Summary conviction (though there is no limit to proceed by “Indictment” in the case of more serious charges), and generally “protest” related files are received from police within weeks if not days of the related incident.

I think that at this point you can safely conclude that you won’t be charged in relation to the incidents for which you’d been investigated. I don’t think you should worry about this case resurfacing given how much time has passed and the comments from the Crown set out above.

I hope this gives you some relief and that you are able to move on.”

Further Explanation of Vancouver Police Numbering System

Whenever police investigate, they open up a police file or police incident number. There is no way to “cancel” or “delete” these once they are created. They are a numbering system within the police internal database. 

If police do not end up forwarding a report to crown for charge approval, that incident number will never become a formal charge/court case/prosecution. 

This is what I believe has happened in your case: police investigated but this never resulted in recommending charges to Crown. So the case has, I believe, ended with the police closing their file. 

Their file is internal and cannot be destroyed by us. But the good part is that you have not been charged with a crime. 

The same process would happen if police investigated me for theft, realized I didn’t commit the offence, and closed their file. “

Further Explanation On Vancouver Police Incident Number System

Whenever police investigate, they open up a police file or police incident number. There is no way to “cancel” or “delete” these once they are created. They are a numbering system within the police internal database. 

If police do not end up forwarding a report to crown for charge approval, that incident number will never become a formal charge/court case/prosecution. 

This is what I believe has happened in your case: police investigated but this never resulted in recommending charges to Crown. So the case has, I believe, ended with the police closing their file. 

Their file is internal and cannot be destroyed by us. But the good part is that you have not been charged with a crime. 

The same process would happen if police investigated me for theft, realized I didn’t commit the offence, and closed their file. “

Victoria BC: March 27 Target of Anti-Pipelines Graffiti Raid Speaks Out

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March 27 7pm @ Camas Books & Infoshop

2620 Quadra St, Victoria, British Columbia V8T 4E4

The target of an armed house raid on June 3, 2014 will speak personally about his experience of being politically targeted by the Vancouver police. He will share his organizing and involvement in anti pipeline and anarchist movement prior to and after the house raid. Also give an insight into the case and of living under the gun with the mental and physical effects of the raid. As well as give an uncompromising view of the struggle against the pipelines and the system as a whole.

More Info:

https://beattheraid.wordpress.com

Statement:
https://beattheraid.wordpress.com/statement/

Support:
https://beattheraid.wordpress.com/shopdonations/

Contact:

beattheraid@riseup.net

Space Info:
http://www.camas.ca/

Also Don’t Miss the Benefit Show on the 28th in Victoria

https://www.facebook.com/events/705081332945762

Vancouver BC: March 15 Target of Anti-Pipelines Graffiti Raid Speaks Out

Spartacus Books March 15th Sunday 3pm

The target of an armed house raid on June 3, 2014 will speak personally about his experience of being politically targeted by the Vancouver police. He will share his organizing and involvement in anti pipeline and anarchist movement prior to and after the house raid. Also give an insight into the case and of living under the gun with the mental and physical effects of the raid. As well as give an uncompromising view of the struggle against the pipelines and the system as a whole.

Statement:

https://beattheraid.wordpress.com/statement/

Support:

https://beattheraid.wordpress.com/shopdontations/

Contact:

beattheraid@riseup.net

Space Info:

http://www.spartacusbooks.net/

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