VPD officer’s disciplinary actions under the influence of alcohol are under review

B.C.’s Office of the Police Complaint Commissioner (OPCC) has ordered a retired judge to review a Vancouver Police Department (VPD) officer’s findings into alleged drunk driving.

The OPCC said it believes the VPD’s five-day suspension without pay was not appropriate for the offense.

Const. Samuel Cheung was investigated under the Police Act in connection with an off-duty incident on July 2, 2022, a press release from the office said.

Cheung was driving his personal vehicle as the sole occupant when he rear-ended another vehicle with several occupants, including children, in Delta.

The inspection notice said there was evidence that Cheung threw a can of beer from his vehicle into roadside bushes at the scene of the accident.

Delta police witnessed the car accident and found a beer can underneath his vehicle. They also administered a breathalyzer test to Cheung.

The test was “failed,” the OPCC said.

At the scene, Cheung announced that he was a VPD officer.

Cheung was then subjected to another test, which revealed his blood alcohol level was above the legal limit.

He was given a 24-hour driving ban and an administrative driving ban and released with an obligation to appear in court.

On April 18, 2023, the stay of the Police Act case was lifted as Cheung pleaded guilty to a violation of the Motor Vehicles Act.

The OPCC said the matter was investigated by the VPD Professional Standards Section. There it was determined that Cheung had committed an allegation of discreditable conduct.

“The disciplinary board recommended Const. Cheung will receive a five-day suspension without pay,” the OPCC said.

However, the OPCC has now found that the proposed disciplinary action does not adequately address the seriousness of Cheung’s conduct.

“The level of disciplinary action proposed by the disciplinary authority does not adequately take into account a number of aggravating factors,” the OPCC said.

These complicating factors include:

• Leaves the safety of his home to drive drunk;

• the danger to the public of driving under the influence of alcohol;

• the danger to the occupants of the vehicle he hits, including children;

• the damage caused to the affected person’s vehicle; And,

• Attempting to hide evidence of his drinking.

“Given the seriousness of this incident, the proposed disciplinary sanction does not appear appropriate given the seriousness of the member’s conduct and could appear to bring into disrepute the administration of police discipline,” the statement said.

“The Police Complaints Commissioner has also determined that a review of the file is necessary in the public interest.”