Family hopes public hearing into daughter's police-involved death brings better accountability

The family of Lisa Rauch, a Victoria woman who was killed by plastic bullets, hopes the public hearing announced by the B.C. Office of the Police Complaint Commissioner on Thursday leads to better police accountability.

"Relieved that there's a wee bit of hope that something might actually come of this, that somebody might have to answer for what they've done and not just hide behind the shield," said mother Audrey Rauch.

"This has been four long years," said father Ron Rauch. "I just would like to see some consequences for the actions that happened to my daughter."

Lisa was shot three times in the back of the head with an ARWEN (Anti Riot Weapon ENfield) gun on Christmas Day in 2019 after Victoria police were called to a social housing unit where Rauch was reported to be acting aggressively and wielding a knife. The ARWEN fires large, rounded, hard plastic projectiles, and has been described by police as a "less lethal" use of force.

Rauch died four days later in hospital. The post-mortem determined the cause of death to be blunt force head injuries.

In announcing the hearing, Clayton Pecknold, B.C. Police Complaint Commissioner cited issues with the Independent Investigations Office (IIO) investigation into Rauch's death, including that the officer who fired the ARWEN never provided any evidence to the IIO. The IIO is called to investigate when police interactions lead to serious injury or death.

Pecknold also raised a concern about the "possible reckless nature of the use of force in these circumstances."

"This requires further examination under oath with respect to the use of force, its reasonableness and proportionality and the associated risks posed to the officers at the scene and the public necessitating the discharge of the ARWEN," said Pecknold.

According to Pecknold's description, Rauch suffered from "several vulnerabilities" including addiction and being unhoused. She was in a mental health crisis, intoxicated and barricaded in a room at the time of her death. When smoke started coming out of the unit, police stormed in and the officer fired the ARWEN. 

The IIO, in its role as police watchdog, investigated Rauch's death and concluded police had no choice but to use force to end the situation. The case was not referred to Crown for consideration of charges. 

Ron Rauch said it was wrong that police officers are not compelled to speak to IIO investigators. 

"After dealing with the IIO, our personal experience is that it was a waste of time. They did not have any power to question the actual shooter," he told the Canadian Press in 2021.

The officer was also exonerated in two other investigations, including a Police Act disciplinary investigation looking into two allegations: abuse of authority in relation to his use of force, and neglect of duty relating to his lack of documentation of the incident. 

A member of the Vancouver Police Department acting as an independent authority found both allegations were unsubstantiated. 

In a statement, Victoria Police Chief Del Manak appeared to express frustration over the OPCC hearing announcement.

"This this incident has already been reviewed by three levels of oversight, including the Independent Investigations Office, a Police Disciplinary Authority, and an independent adjudicator of the investigation — a retired judge — who all found that there was no misconduct in the use of force in this situation," he said.  

The OPCC hearing will be overseen by retired judge and former B.C. attorney general Wally Oppal. A start date has yet to be set.