The family of Orion Hutchinson is upset the RCMP officer charged in the crash that took his life remains suspended with pay more than two years later.

Hutchinson, 21, died on Oct. 25, 2008 after the motorcycle he was driving collided with a Jeep driven by Cpl. Benjamin Monty Robinson.

Robinson, who was off duty at the time, is facing a charge of attempting to obstruct justice. At a preliminary inquiry this week, a Surrey Provincial Court judge deemed there is enough evidence to go to trial.

The officer was suspended with pay following the incident.

While the family is relieved Robinson will face trial, Judith Hutchinson, Orion's mother, said they have a hard time dealing with the fact he has remained suspended with pay.

"While we have endured the aftermath of this tragedy, my daughter and I have also battled to maintain the rest of our lives, working in spite of grief and trauma to keep a roof over our heads and to carry on as best we can," Judith Hutchinson said in an e-mail to the Optimist.

"In light of this, we find it utterly incomprehensible that the accused has been on a paid vacation of sorts for the past two-and-a-half years, suspended with full pay and benefits."

In the fall of 2009, the grieving mother enquired about the officer's status with the RCMP. She said she was told that once criminal charges were laid, a review process would take place and the officer's suspended with pay status would be reconsidered.

The attempt to obstruct justice charge against Robinson was announced in December 2009.

"Since that time, every subsequent enquiry we have made to the RCMP has met with the same response -- his status remains unchanged," Judith Hutchinson said. "We have been given no explanation for this.

"Now a preliminary hearing has determined that a trial will take place. Will the accused officer still continue to be on the RCMP payroll?"

Sgt. Rob Vermeulen, a B.C. RCMP media relations officer, said Wednesday he could only confirm that Robinson remains suspended with pay.

According to the national RCMP website, officers are only suspended without pay "in extreme cases when it would be inappropriate to pay a member."

Incidents are evaluated on a case-by-case basis and suspension without pay is considered in a few instances, including when an officer is in jail awaiting trial and if an officer is clearly involved in an act that contravenes an act of Parliament or the RCMP's code of conduct.

Robinson's attempt to obstruct justice falls under that stipulation because it is an offence under the Criminal Code of Canada. However, the protocol states if the officer's involvement is not clear during investigation, the decision "shall be deferred pending completion of the preliminary hearing or trial in order to assess the testimony under oath."

Sgt. Greg Cox, with the RCMP national office in Ottawa, said in order for a suspended officer's status to change from with pay to without, the commanding officer of the division would have to make a request to have the suspension reviewed at national headquarters.

He said both sides would be able to make submissions for or against suspension without pay and each incident is reviewed on a case-by-case basis looking at the totality of the circumstances.