The family of Michael Vann Hubbard is not impressed with the Abbotsford police department's report into the 58-year-old's death at the hands of Vancouver police officers.
Hubbard, wrongly mistaken for a robbery suspect, was shot March 20, 2009 after apparently moving towards two female officers while holding a knife.
Abbotsford police conducted an independent investigation into the incident and are set to release their conclusions to the public today.
But Pivot Legal Society's Nina Purewal, acting on behalf of the family, has already seen the findings and says Hubbard's daughters are not pleased.
"It says the actions of the officers were justified," Purewal said. "It does play heavily on [the family's] minds that the initial search that sparked this incident was illegal."
Purewal said the Hubbard family and Pivot will go ahead with a lawsuit and have also recently launched a public trust complaint against VPD chief Jim Chu.
The complaint claims a memorandum Chu sent to VPD staff March 28, 2009 - stating "incontrovertible" video evidence shows the officers acted in self-defense - may have tainted the ongoing investigation by sharing sensitive evidence with the entire force.
"The memo Chief Chu sent out highly prejudices the investigation," Purewal said.
The complaint was sent to the Office of the Police Complaint Commissioner Dec. 3.
Vancouver police spokes-person Const. Lindsey Houghton said the VPD has no comment, "other than we will respect the process" and cooperate with the OPCC.
MEMO EXCERPTS:
"The video shows our members approaching [Hubbard], who was in the area of a theft from auto shortly after it occurred, and was in possession of a black backpack similar to the one stolen."
"For the next 1 minute and 40 seconds, Mr. Vann Hubbard is confronted at gunpoint by the officers, but repeatedly advanced on them and they repeatedly backed away."
"Finally, before cover arrived, Mr. Vann Hubbard advanced more quickly toward one officer and she fired a single shot, regrettably killing Mr. Vann Hubbard."