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Family of man killed by Vancouver police plan to sue

Last Updated: Thursday, March 26, 2009 | 3:51 PM PT

Michael Vann Hubbard was shot and killed by Vancouver police investigating a vehicle break-in.Michael Vann Hubbard was shot and killed by Vancouver police investigating a vehicle break-in. (Submitted by Wendy Hubbard)

The daughter of a man who was shot by police in downtown Vancouver last week said Thursday that her family will file a wrongful death lawsuit against the city and police department.

Wendy Hubbard, daughter of Michael Vann Hubbard, issued a statement through the B.C. Civil Liberties Association, in which she said she wanted to dispel any notion her father was a criminal.

"My father was not a thief, a bank robber, nor a drug addict," read the statement. "He was a gentle, law-abiding man who believed strongly in social justice and the rights of the poor and discarded people of our world."

Hubbard, 58, was approached by two Vancouver police officers after police received a call about a car break-in, in which one suspect was described as carrying a black backpack.

Emergency personnel work at the scene of the police shooting in downtown Vancouver on Friday morning.Emergency personnel work at the scene of the police shooting in downtown Vancouver on Friday morning. (CBC)

Police said when the officers approached Hubbard, who was also wearing a black backpack, he advanced on them while holding an X-Acto knife, at which point he was fatally shot.

Abbotsford police, who are investigating the incident, said Tuesday that there was nothing to link Hubbard to the break-in.

Hubbard's daughter said he had a good reason for carrying the box cutter.

"He used that X-Acto knife to make greeting cards for his friends and family with his original artwork," she wrote in her statement.

Paul Nigol, a lawyer with the PIVOT Legal Society, will represent the family in the civil lawsuit.

"A few things that came up in my conversation with Miss Hubbard is that she was only informed of the autopsy results through the media and not by the Vancouver Police Department or Chief [Jim] Chu," said Nigol.

By initiating a civil lawsuit, Hubbard's family will be able to get surveillance tapes and other evidence from police.

A man said earlier this week that he recorded cellphone video footage of the shooting but the video was erased by a police officer.

Adam Smolcic, 25, said he has taken his phone to an expert to determine whether the video can be retrieved.

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