Vancouver officer says Gray not lawfully entitled to repel police during fatal arrest
A Vancouver police officer involved in the deadly arrest of Myles Gray in 2015 says he doesn't believe Gray had any lawful right to repel officers' use of force against him.
Const. Eric Birzneck is testifying at a public hearing into Gray's death called by the Office of the Police Complaint Commissioner in Vancouver.
Hearing counsel Brock Martland asked Birzneck about scenarios where a member of the public may be legally allowed to resist police use of force if the "police contact is unlawful," but Birzneck says he believed Gray was "arrestable" at the time of the encounter.
Birzneck is one of seven officers involved in the fatal altercation with Gray who are named as respondents in the public hearing, called to determine whether the officers committed misconduct under the Police Act.
He is the first to testify, telling the hearing this week that Gray displayed incredible strength and appeared "impervious to pain" as officers tried to subdue him near the boundary between Burnaby and Vancouver on Aug. 13, 2015.
No charges have been laid over Gray's death, which a 2023 coroner's inquest ruled was a homicide, a term that does not assign legal blame.
The commissioner's notice of public hearing says an earlier disciplinary process had dismissed the misconduct allegations, but the discipline authority found the process "strangely lopsided" and had to decide the case despite "discrepancies and inconsistencies in statements made by VPD members."
The inquest heard that Gray was left with injuries that included a fractured eye socket, a crushed voice box and ruptured testicles, while a paramedic told the inquest that Gray's bruising was so severe, he initially thought he was not a white man.
This report by The Canadian Press was first published Oct. 15, 2026.
By Darryl Greer | Copyright 2026, The Canadian Press. All rights reserved.
Mail-in ballot delivery rules posing barriers: Alberta's former top election official
Alberta's former top election official says he has effectively lost his right to vote in the province's upcoming separation referendum, and he's pointing the finger at his successor.
Glen Resler says he applied to vote by special ballot but was unable to get it back in the mail last week, when Canada Post could still guarantee delivery before tomorrow's 5 p.m. deadline.
The province's former chief electoral officer says he tried to deliver his ballot in-person to Elections Alberta's office in Edmonton, but he was turned away and told provincial law dictates special ballots can only be returned by mail.
Resler says he was encouraged to vote at advance polls this week instead, something he says wasn't an option as he was leaving town.
While provincial law says Elections Alberta can only accept special ballots by mail, Resler says there's a clause that allows the chief electoral officer to permit in-person deliveries but he's refusing to use that power.
He says the decision means Elections Alberta is disenfranchising voters like himself.
Elections Alberta says it can only accept special ballots in-person or by courier when it's not reasonably possible for voters to access mail services, which it understands as being limited to those who live in remote areas.
It says the rule was brought in last year by the province and that the agency agrees with its former leader that it represents a barrier for voters.
The agency says it hopes the government considers changes in the future.
By Jack Farrell | Copyright 2026, The Canadian Press. All rights reserved.
Winnipeg police back youth training but resist other changes at Eishia Hudson inquest
A fatality inquest into the case of a 16-year-old First Nations girl who was shot to death by Winnipeg police has wrapped up.
On the final day, the inquest heard from a lawyer for the police service who opposed many of the recommendations made by inquest counsel and the lawyer for Eishia Hudson's family.
Eishia was shot in April 2020 after officers, responding to reports of a liquor store robbery, chased a stolen Jeep she was driving and fired two shots after she crashed into another vehicle.
Kimberly Carswell, lawyer for Winnipeg Police Service, pushed back on some of the recommendations relating to police training, arguing many of the suggestions presented are already being implemented.
She says the force does support implementing youth-specific training and the development of a youth advisory board.
The inquest judge has six months to write a report outlining final recommendations.
This report by The Canadian Press was first published Oct. 15, 2026.
By Brittany Hobson | Copyright 2026, The Canadian Press. All rights reserved.
