Myles Gray death hearing delayed as lawyer for officer appointed provincial judge

VANCOUVER — A public hearing in Vancouver into the police-involved death of Myles Gray in 2015 has again been delayed after a lawyer representing one of the seven Vancouver officers under investigation was appointed as a provincial court judge.

Although no testimony has been scheduled by any of the officers, a lawyer told the hearing that at least two of the constables are “eager” to testify.

The schedule previously included the testimony of Const. Eric Birzneck, one of the Vancouver officers under investigation for the violent confrontation, but his name was removed from the witness list earlier this week.

The Attorney General announced the appointment of Scott Wright, who had been representing Const. Nick Thompson at the hearing, to the provincial court of B.C., which means he will no longer be able to represent the officer.

Adjudicator Elizabeth Arnold-Bailey adjourned the matter until Friday afternoon to allow Thompson the time needed to consider his options, at which point the hearing schedule and witness list will be adjusted.

Gray died during a takedown in the backyard of a home that left him with injuries including a fractured eye socket, a crushed voice box and ruptured testicles.

His death was ruled a homicide by coroner’s inquest in 2023, but a police disciplinary process determined the seven officers did not commit misconduct, and no charges have been laid in Gray’s death.

The public hearing that began in January and was requested by Gray’s family is expected to hear opening statements from the lawyers for all of the officers, but these have also yet to be scheduled.

The other five constables under scrutiny for their actions before Gray’s death on Aug. 13, 2015, are Kory Folkestad, Derek Cain, Josh Wong, Beau Spencer and Hardeep Sahota.

Arnold-Bailey told the hearing that the matter needs to be finished “as soon as possible before other complications arise due to the passage of even more time since the date of Mr. Gray’s sad and tragic death.”

But, she said, given what is at stake, Thompson should not feel pressured to make a hasty decision.

“It has been an excruciatingly long road for all the people directly involved in the matter. The further delay that will result from Const. Thompson finding new counsel, should he wish to do so, is extremely unfortunate for the family and the friends of Mr. Gray, the member officers and their families, and the remaining witnesses.”

The possibility of whether Kevin Westell, Wong’s lawyer, could represent both Wong and Thompson was brought up at the hearing on Wednesday.

Westell said he had spoken with both officers and their preliminary view was that they could see a way forward with having joint-representation, but noted he would not be willing to represent them both without each party receiving “thorough independent legal advice on the matter.”

“I want to make it clear that Const. Wong does not wish to delay this case any longer than is absolutely necessary for a fair hearing to ultimately unfold, and that’s my understanding of Const. Thompson’s view as well,” Westell told the hearing.

“What unfolded was outside these members’ control. Const. Wong and Const. Thompson are eager to testify in their own defence, and I understand at least a few others are very much looking forward to that opportunity, and looking forward taking that opportunity as soon as possible, given how long this matter’s been outstanding.”

Westell said that a “fair and appropriately-run” hearing is paramount.

“I believe that the process can’t go farther than this without us hearing what the informed choice of Const. Wong and Const. Thompson is about the potential of going forward with joint representation, so I’m hoping that they can get that advice as soon as possible, maybe as early as tomorrow.”

The hearing is set to resume on Friday at 1 p.m.

This report by The Canadian Press was first published April 29, 2026.

Brieanna Charlebois, The Canadian Press