The Criminal Justice Branch is appealing a ruling by the Supreme Court of British Columbia upholding the decision of the Commissioner of the Frank Paul Inquiry that found that prosecutors and former prosecutors do not enjoy immunity from explaining why no charges were laid in connection with the death of Frank Paul.

Mr. Paul, a 48 year old homeless Aboriginal man, died of hypothermia in December 1998 after a Vancouver police officer left him in an isolated commercial alleyway. No coroner’s inquest was held, no charges were laid, and BC politicians refused to yield to public pressure to hold an inquiry into the matter until last year, when a public inquiry was finally initiated. Although the inquiry was mandated to consider the response of the Criminal Justice Branch to Mr. Paul’s death, the Branch refused to deliver documents or make its prosecutors available for questioning. No date has been set for the appeal.