Use of taser at demo ruled 'unnecessary'

November 10, 2005
CBC News

An Ottawa police officer was found guilty Wednesay of "unnecessary exercise of authority." The Ontario Civilian Commission on Police Services heard evidence from a man who was shot with a taser at a demonstration two years ago.

Paul Smith had arrived at a demonstration outside the office of Citizenship and Immigration Canada in downtown Ottawa just after 9 p.m., May 29, 2003.

About 50 people had turned out to protest the plight of 10 Algerian refugee claimants inside the office. Smith says he was taking pictures from the sidelines when two officers approached him.

"I have witnesses who say I wasn't doing anything. This guy wanted to get a protester," Smith says.

The commission heard that one officer held and handcuffed Smith, and then asked for help from another officer. That's when Sgt. Paulo Batista arrived and shot Smith with a taser gun as he lay on the ground. Smith was jolted a second time as he was dragged toward a police cruiser.

An internal police investigation originally cleared both officers. But Smith appealed that decision, and, on Wednesday, the independent commission found Batista guilty of using unnecessary force when he tasered Smith. The other officer was found "not guilty."

Smith's lawyer, Matthew McGarvey, says the process for people in Smith's situation is stacked in favour of the police.

For Paul Smith, there is no financial settlement attached to Wednesday's ruling. But, he says, it's reward enough to be vindicated.