The BC Prosecution Service says Truckle and another camper were “legally entitled to defend themselves” in the encounter, adding that a video shows a camper being hit over the head with a baton.
“The only question is whether the force used by the accused was objectively proportionate in the circumstances,” said the BCPSThe prosecution service notes that when it approves criminal charges it must assess each case on a two-part test, including whether or not there is a substantial likelihood of conviction, and if so, whether or not there is public interest that requires prosecution.
“The Crown could not establish that the accused’s response in defending himself and his group from an unprovoked attack was disproportionate or unreasonable in the circumstances,” it continued. “For these reasons the charge assessment standard is no longer met in this case, and a stay of proceedings has been entered to bring the prosecution to an end.”
The BCPS notes that it does not normally release details on its decisions, but it felt it was in the public’s interest to lay out details in this case, “in light of considerable public attention and commentary generated by this incident.”