Civilian oversight of the police is a critical topic in any democracy. A democracy that does
not hold its police accountable can become a police state in which those entrusted with the
state's most coercive powers can defy the rule of law with impunity. The Crown initially
proceeded with charges of aggravated assault and assault with a weapon against Constable
Cucheran of Surrey RCMP. The preliminary hearing began in September 2019. A number of witnesses
were called on behalf of the defense counsel (for the police). According to some of these
witnesses Mr. Brooks was likely suffering from excited delirium and therefore there was a
heightened risk to the officer which justified the use of force according In 2015 20-year-old
Hudson Brooks was shot nine times by a police officer in the parkade of the District 5 RCMP
detachment on 152nd Street in Surrey.2 The media statement from the British Columbia
Prosecution Services (BCPS) summarized the process that followed: The death was investigated by
the Independent Investigations Office (IIO). A Report to Crown Counsel (RCC) was first
submitted to BCPS by the IIO in October 28 2016. After an initial review the BCPS requested
further information from the IIO. A further expert opinion was obtained by the IIO and was
forwarded to the BCPS in March 2017. Further investigation was requested and the RCC was
completed in November 2017. After reviewing the evidence that was available in December 2017
senior Crown Counsel were satisfied that the standard for charge approval under the BCPS Charge
Assessment Guidelines was met. The Crown initially proceeded with charges of aggravated assault
and assault with a weapon against Constable Cucheran of Surrey RCMP. The preliminary hearing
began in September 2019. A number of witnesses were called on behalf of the defense counsel
(for the police). According to some of these witnesses Mr. Brooks was likely suffering from
excited delirium and therefore there was a heightened risk to the officer which justified the
use of force according to s. 25 (1)(b) of the Criminal Code. It should be noted that in Canada
there appears to be a lack of medical evidence supporting the conclusion that those suffering
from excited delirium pose a risk to others that justifies lethal use of force.4 However the
charges were stayed following expert witness testimony during the preliminary hearing in
September 2019. According to Brooks' mother Jennifer Brooks at the time of the shooting her
son was wearing shorts and flip-flops and was walking around in distress. He was unarmed.
