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Myles Gray not lawfully entitled to repel police during arrest, Vancouver officer says

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Cite

Greer, D. (2026, October 15). Myles Gray not lawfully entitled to repel police during arrest, Vancouver officer says. The Globe and Mail. https://www.theglobeandmail.com/canada/article-myles-gray-arrest-trial-vancouver-police/

Dated from the outlet's own feed. Check the original for its byline.

The Globe and Mail · collected 2026-10-15 · by Darryl Greer

Quick Summary

Constable Eric Birzneck of the Vancouver Police Department testified at a public hearing called by the Office of the Police Complaint Commissioner regarding Myles Gray's fatal arrest in 2015. Birzneck stated that Gray did not have any lawful right to resist police force during his arrest, arguing that Gray was "arrestable" at the time. The commissioner’s notice of public hearing indicates an earlier disciplinary process dismissed misconduct allegations but found the process flawed due to inconsistencies among officers' statements. The coroner’s inquest ruled Gray's death a homicide without assigning legal blame and documented severe injuries sustained by Gray during the encounter.
Written by AI on 2026-10-15, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In a public hearing in Vancouver, police officer Const. Eric Birzneck testified on October 13, 2026, that during Myles Gray's fatal arrest in 2015, Gray displayed extraordinary strength and charged at him, yelling "the Charlies are coming" and disregarding the officer’s badge authority. After deploying pepper spray without incapacitating Gray, Birzneck believed he was about to be assaulted. The Office of the Police Complaint Commissioner launched this hearing to determine if seven officers used unnecessary force during the incident.

On October 15, Const. Birzneck further stated that he did not believe Gray had any lawful right to resist police use of force at the time of the encounter since Gray was "arrestable." No criminal charges have been filed over Gray's death, which a 2023 coroner’s inquest ruled as a homicide but without assigning legal blame.

On October 16, Const. Beau Spencer testified that he received an “unnerving” call for help from colleague Const. Hardeep Sahota regarding Gray and heard an "animalistic roar" over the radio. Spencer described Gray as the strongest person he encountered in his 15-year career and said officers were exhausted trying to subdue him, leading him to use significant force against Gray.

Written for “Myles Gray Police Hearing” on 2026-10-31, grounded in this article and the 3 other(s) covering the same event.

Story

📰 Myles Gray Police Hearing
Crime & Law · 4 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads unscored and hedges 12% of its claims. Each row says how that neighbour differs.
Toronto Star
Hedges 2 of 36 claims Outlet record 64/100
Toronto Star
Hedges 3 of 26 claims Outlet record 64/100
“The articles describe different officers giving testimonies at a hearing about Myles Gray's death, but focus on distinct aspects of their encounters and do not clearly refer to the exact same moment or occurrence.”
The Globe and Mail
Hedges 0 of 8 claims Outlet record 52/100
“The articles describe different officers' testimonies at the same hearing but focus on distinct aspects and events during the arrest.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
8
sentences that state something as happening or true
Uncertain
12%
1 of 8 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
52/100
The Globe and Mail's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
4
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-15 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

The Globe and Mail · 1022 article(s) · 35 correction(s) detected
Running correction rate · 35 correction(s)

Who wrote this

Darryl Greer
6 article(s) here · 1 carrying a prediction
🔮 Steven Galloway testifies that faculty-student relationships in UBC arts program were common Author tells B.C. defamation trial sexual assault claim derailed career, ability to write The court heard during the brief hearing in B.C. Supreme Court on Thursday that the next witness is expected to be Ronna Syed, a producer for the CBC program the fifth estate.
🔮 Hearing counsel Brock Martland asked Birzneck about scenarios where a member of the public may be legally allowed to resist police use of force if the “police contact is unlawful,” but Birzneck says he believed Gray was “arrestable” at the time of the encounter.
🔮 I wish I could,' Steven Galloway told a Vancouver courtroom on Thursday Author and former University of British Columbia (UBC) creative writing professor Steven Galloway wept as he testified that he can no longer write since unproven allegations of sexual assault derailed his career.
🔮 She said he stopped playing piano and reading and writing after his career was derailed by the allegations, that would resurface repeatedly online after he was suspended in November 2015.
🔮 The judge says the woman, referred to as A.B., has shown that identifying her would carry objective harms and specific risks, and allowing anonymity is in line with protecting the privacy and dignity of sexual assault complainants.
🔮 It said it has assigned “community recovery officers” to work with impacted areas and will “continue supporting local governments and First Nations as they lead recovery efforts in their communities, including through recovery planning, governance, co-ordination and available supports.”
Also by Darryl Greer
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 6 articles by Darryl Greer →

Topics

Burnaby VPD Vancouver the Office of the Police Complaint Commissioner the Police Act

Subjects

Gray PERSON · 8× Birzneck PERSON · 3× Vancouver GPE · 3× Brock Martland PERSON · 1× Burnaby GPE · 1× Eric Birzneck PERSON · 1× Myles Gray PERSON · 1× VPD ORG · 1× the Office of the Police Complaint Commissioner ORG · 1×

Narrative

The commissioner’s notice of public hearing says an earlier disciplinary process had dismissed the misconduct allegations, but the discipline authority found the process “strangely lopsided” and had to decide the case despite “discrepancies and inconsistencies in statements made by VPD members.”
framing: assertive · carried by 1 article(s) · first seen 2026-10-15
🔮 Hearing counsel Brock Martland asked Birzneck about scenarios where a member of the public may be legally allowed to resist police use of force if the “police contact is unlawful,” but Birzneck says he believed Gray was “arrestable” at the time of the encounter.

Claims (8 extracted, 1 hedged)

A Vancouver police officer involved in the deadly arrest of Myles Gray in 2015 says he doesn’t believe Gray had any lawful right to repel officers’ use of force against him. asserted
Gray → involve → him
Const. Eric Birzneck is testifying at a public hearing into Gray’s death called by the Office of the Police Complaint Commissioner in Vancouver. asserted
Birzneck → testify → Vancouver
Hearing counsel Brock Martland asked Birzneck about scenarios where a member of the public may be legally allowed to resist police use of force if the “police contact is unlawful,” but Birzneck says he believed Gray was “arrestable” at the time of the encounter. uncertain
Gray → hear → encounter
Birzneck is one of seven officers involved in the fatal altercation with Gray who are named as respondents in the public hearing, called to determine whether the officers committed misconduct under the Police Act. asserted
officers → involve → Act
He is the first to testify, telling the hearing this week that Gray displayed incredible strength and appeared “impervious to pain” as officers tried to subdue him near the boundary between Burnaby and Vancouver on Aug. 13, 2015. asserted
officers → testify → Aug.
No charges have been laid over Gray’s death, which a 2023 coroner’s inquest ruled was a homicide, a term that does not assign legal blame. asserted
that → lay → blame
The commissioner’s notice of public hearing says an earlier disciplinary process had dismissed the misconduct allegations, but the discipline authority found the process “strangely lopsided” and had to decide the case despite “discrepancies and inconsistencies in statements made by VPD members.” asserted
process → say → members
The inquest heard that Gray was left with injuries that included a fractured eye socket, a crushed voice box and ruptured testicles, while a paramedic told the inquest that Gray’s bruising was so severe, he initially thought he was not a white man. asserted
he → hear → inquest
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