Hearing into Myles Gray's death delayed again until fall, 11 years after death

Adjudicator Elizabeth Arnold-Bailey said the delay into the fall is unfortunate.

“One of my personal goals was to have this matter done in a 10-week block starting Jan. 19 and I was very determined that that happen, and unfortunately we have been sabotaged by events beyond our control in two instances,” she said on Friday. 

“It is very much in the public interest that this be concluded. The word ‘old’ doesn’t begin to describe it.”

The hearing had previously been delayed for several weeks when a live microphone caught someone muttering an obscenity, leading to the resignation of counsel for the hearing, Brad Hickford. He was replaced by lawyer Brock Martland.

The hearing was requested by Gray’s family and is investigating whether the Vancouver officers committed misconduct in their violent takedown of the 33-year-old man, who died on Aug. 13, 2015, after suffering injuries including a fractured eye socket, a crushed voice box and ruptured testicles.

The man’s mother, Margaret Gray, issued a statement before the hearing started in January, saying she wanted the truth about what happened to her son to come out.

“I want the truth — fully, publicly and without institutional protection,” the Jan. 16 statement said. “This inquiry is about how my son died, why accountability failed, and what must change so no other family has to live through this.”

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

The six other officers whose actions are under investigation are constables Kory Folkestad, Derek Cain, Josh Wong, Eric Birzneck, Beau Spencer and Hardeep Sahota.

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

But Westell said Friday that Thompson had decided it was best to retain his own, independent counsel. Westell said he and Wong had agreed with that decision. 

Thompson later addressed Arnold-Bailey directly to confirm those were his wishes. 

“Nobody wants that to happen (but) we now feel it’s our only option,” Westell said of the delay.

Westell noted that Thompson is actively working to retain new counsel as soon as possible, but said whoever is hired will also need enough time to “reasonably get up to speed and be prepared to continue with the case from where it stands.” 

Martland told the hearing Friday that he agreed that the circumstances were “obviously unfortunate and far from optimal.”

“But the importance of Const. Thompson having counsel in hand is obvious procedural fairness. It is vital,” he said. 

“I also want to underline (that) this is, obviously, none of it his doing or his preference. It doesn’t count against him. He’s been put in a very difficult position as a result of events this week.”

Chris Considine, counsel for the Police Complaint Commissioner, said he anticipates needing about 15 days to present evidence and three days for submissions.

“It looks, in light of FIFA and the circumstances overall, that the fall is probably going to be the most ideal opportunity to proceed with this matter,” he said, referring to the World Cup soccer matches being held not far from the site of the commission hearings in downtown Vancouver. 

Considine told the adjudicator that he had circulated potential dates for September, October, November and December to the lawyers after confirming availability of facilities. 

While specific dates were not outlined or confirmed at the hearing on Friday, Arnold-Bailey said the earliest she would be available would be late September.

“Anything before, say, the 21st of September, which I think is a Monday, doesn’t work for me. After that, I will make myself available as long as I don’t die of old age.”

This report by The Canadian Press was first published May 1, 2026