Lawyer says Myles Gray acted aggressively toward Vancouver officer in fatal arrest

Myles Gray died after a violent arrest in 2015. Mike Shirreff, the lawyer representing Vancouver officer Const. Eric Birzneck, says Gray drove the outcome of the altercation. Shirreff says Birzneck will testify that Gray quickly “met” him with aggression and that he used force only when he believed an assault was imminent.

The Office of the Police Complaint Commissioner is holding a hearing into whether seven officers intentionally or recklessly used unnecessary force in the fatal altercation. Birzneck is among the officers testifying at the hearing for the first time. He began his testimony Tuesday by discussing his career, following an introduction by Shirreff. At least three of the six other officers involved—constables Beau Spencer, Nick Thompson and Josh Wong—are scheduled to testify.

A police disciplinary process previously found that none of the seven officers committed misconduct. No charges have been laid in Gray’s death. A 2023 coroner’s inquest ruled his death a homicide, a term that does not assign legal blame. The inquest heard that Gray suffered injuries including a fractured eye socket, a crushed voice box and ruptured testicles. A paramedic testified that Gray’s bruising was so severe he initially thought Gray was not white.

The Canadian Press first published this report on Oct. 13, 2026.