Criminal charges will not be pursued against members of the RCMP emergency response team from the shooting death of a man in a standoff southeast of Valemount two years ago.
After reviewing the findings provided by the Independent Investigations Office, Crown counsel has "concluded that the evidence does not support approving any charges against the police," the the B.C. Ministry of Justice's Criminal Justice Branch said in a statement issued this week.
John Ruben Buehler was killed and his daughter, Shanna, seriously wounded, during the evening of Sept. 17, 2014 when the ERT was called out to Kinbasket Lake, 120 kilometres southeast of Valemount.
They were trying to arrest the two for allegedly squatting at a cabin in the area.
There was also a warrant out for John Buehler's arrest after he had failed to appear in court two weeks earlier on charges from an alleged June 2014 incident in which he was suspected of threatening to kill a woman and her daughter and blocking a public trail.
On that occasion, Buehler was taken in after an extended standoff with police who also uncovered numerous firearms and thousands of rounds of ammunition despite the fact he was not licensed to possess the firearms.
The IIO, the civilian-based watchdog that investigates police-involved deaths and serious injuries, was called in following the incident and in April forwarded its findings to the CJB - a move it makes whenever it suspects an officer may have committed an offence.
In an online posting at the time, the IIO said that contrary to the RCMP's claim that an exchange of gunfire occurred, it "identified no independent evidence to suggest an exchange of gunfire took place."
Ordinarily, the CJB also issues a "clear statement" summarizing the available evidence and explaining the basis for Crown Counsel's decision. But Shanna Buehler continues to face charges from the alleged incidents, including a count of pointing a firearm from the day of the standoff. Her matters are set for a preliminary inquiry in Valemount in January.
"Out of respect for the integrity of the court process and fair trial rights, the Branch will not be providing a clear statement with further details at this time," the CJB said. "A clear statement explaining the decision to not approve charges against the RCMP officers will be released upon the conclusion of the related proceedings."
