Edmonton appeal board hears from Tasered lawyer

September 28, 2009
By Ryan Cormier, Edmonton Journal

EDMONTON — An Edmonton lawyer is attempting to force a disciplinary hearing for two police officers who Tasered and detained him during the 2006 Stanley Cup playoff celebrations on Whyte Avenue.

Brian Fish, 69, was taking pictures of a separate arrest on Whyte Avenue on the night of June 17, 2006, when he was approached by an officer who told him to stop.

When he refused, Fish told the Law Enforcement Review Board, Const. Denise Turkawski tried to get in the way of his photos. In response, Fish tried to take pictures over her head.

“She came toward me, I thought to grab the camera. I raised my arms and dropped the camera behind me. Next thing I knew, I was on the ground getting Tasered,” Fish testified Monday. He added that, at one point, he lost consciousness.

The officer who used the Taser has since been identified as Const. Tori Tagg.

Police at the scene believed Fish was inciting those around him. A zero-tolerance policy was in effect on Whyte Avenue at the time.

The lawyer was then held for roughly four hours, and refused to give his name to police, but was later released without charges. That same night, 386 people were arrested during the party on Whyte Avenue. Two were charged.

Fish had put in a complaint to police, but the investigation led to no charges. Police Chief Mike Boyd concluded there was no likelihood the charges could be proven. Fish is now appealing to the Law Enforcement Review Board to order the officers involved to face a hearing.

Fish testified that he was on Whyte Avenue after his son Nigel called and said his friend had been arrested and that “police were being crazy.” Fish told the board that no medical attention was provided to him after he was Tasered.

At one point, an officer told Fish “they were just doing their job.”

Nigel Fish, who was arrested at the same time as his father, also testified. He said he was taken into custody when he protested the physical handling of his father.

“I stepped forward,” he recalled. “What are you doing? That’s an old man. I was then put on the ground and arrested.”

Nigel Fish said that he was insulted many times by officers, including use of a homophobic slur.

The hearing continues Tuesday.