Editorial: Delirious Fatality report

January 7, 2012
Calgary Herald

The fatality report into the death of Gordon Bowe adds ammunition to the argument that public inquiries too often become a waste of time and money.

Provincial Court Judge Heather Lamoureux’s recommendations are curious, in that they are almost entirely built around the theory that excited delirium is a legitimate medical condition, an assertion that’s controversial and widely disputed. She concluded Bowe, 40, died as a result of excited delirium syndrome, which she says was brought on by cocaine use, and not from the deployment of a Taser gun, used by Calgary police trying to subdue him.

Her nine recommendations in the seven-page report almost all deal with developing protocols around excited delirium, treating it as a legitimate condition without reference to the controversy or debate in the medical community. She calls for mandatory training of emergency response workers, police and dispatchers in identifying excited delirium, and wants a national database established, where police chiefs across Canada would “record and share information relating to death associated with Excited Delirium.”

There’s another school of thought that warns the controversial diagnosis of excited delirium is a distraction from the true cause of the medical condition that caused the death, and is used to justify use of force by police.

The exhaustive Braidwood inquiry into the Taser death of Polish immigrant Robert Dziekanski heard overwhelming evidence that, while delirium is real, excited delirium is “NOT a valid medical or psychiatric diagnosis.” Moreover, it “provides a convenient post-mortem explanation for in-custody deaths where physical and mechanical restraints and conducted energy weapons were employed.”

Just a year ago, another provincial court judge in Halifax, who presided over an 11-month inquiry and wrote a far more comprehensive 460-page report, to Lamoureux’s seven pages, reached conclusions similar to Braidwood’s.

Provincial Court Judge Anne Derrick rejected excited delirium as the cause of death of a man Tasered repeatedly by police. She warned: “This case should sound a loud alarm that resorting to ‘excited delirium’ as an explanation for a person’s behaviour and/or their death may be entirely misguided.”

Excited delirium is not listed in the Diagnostic and Statistical Manual of Mental Disorders, the medical community’s bible for diagnosing psychiatric illness. Even an independent report commissioned by the RCMP criticized the term and concluded it is sometimes used as an excuse to justify using a Taser.

All that aside, asking police officers to diagnose the mental state of an agitated suspect in the midst of a crime scene places too much responsibility on those who are not trained psychiatrists.

John Dooks, president of the Calgary Police Association union, offers another perspective. Dooks supports any tools that can help better educate and train officers, so that they are able to identify the symptoms described as excited delirium, regardless of whether or not excited delirium is a legitimate medical condition.

We agree there are physical attributes that are common in all of these cases that police would do well to understand and recognize. When these symptoms present themselves, police should refrain from using stun guns on the suspects, and call for medical help immediately. A public inquiry isn’t needed to reach that conclusion.

EDITORIAL: Delirious over delirium

The Globe & Mail NAILED IT in yesterday's editorial!!

January 4, 2012
Globe and Mail

Canada does not need a national delirium over “excited delirium.” This supposed cause of many deaths in police custody, including those involving the use of tasers, was laid to rest after the exhaustive Braidwood inquiry following the 2007 death of the Polish immigrant Robert Dziekanski.

Why then has an Alberta judge ruled that Gordon Bowe, tasered and restrained by several officers, died from “excited delirium syndrome”? Why is Judge Heather Lamoureux of Alberta Provincial Court proposing everything from the training of police dispatchers in diagnosing “excited delirium” to the creation of a countrywide “excited delirium” database?

“Excited delirium” (overheating and wild behaviour) is a blind alley, not a recognized medical condition. It is a convenient way to avoid tough scrutiny of police practices that may contribute to death.

Mr. Braidwood, a retired appeal court judge, spent two years and oversaw two inquiries, one on the overall safety concerns around the taser, and one on Mr. Dziekanski’s brutal death after being tasered five times by the RCMP at the Vancouver International Airport. He spoke to experts in emergency medicine, cardiology, electrophysiology, pathology, epidemiology, psychology and psychiatry. Judge Lamoureux did not refer in her seven-page ruling to Mr. Braidwood’s 1,000-plus page reports.

Mr. Braidwood concluded that “excited delirium” is not a medical condition. By contrast, delirium is a recognized cognitive and brain dysfunction that is a symptom of an underlying medical condition. This is not just semantics; it points to the real problem – dealing with a sick individual without killing him. “It is not helpful to blame resulting deaths on ‘excited delirium,’ since this conveniently avoids having to examine the underlying medical condition or conditions that actually caused death, let alone examining whether use of the conducted energy weapon and/or subsequent measures to physically restrain the subject contributed to those causes of death.”

Mr. Bowe was on cocaine and acting wildly in a dark house. The tasering and heavy-handed restraint by Calgary police may or may not have been justified – though the judge should have questioned “kicks to the side of Mr. Bowe’s body.” Any policy built around “excited delirium” would be an irrational response to such a death. Judges and policy-makers should read Mr. Braidwood’s reports.

Alberta judge suggests database for excited delirium

WHO substaniates ED as being anything, beyond a wide list of symptoms? (Dr. Christine Hall?!) The Canadian Medical Association (CMA) doesn't recognize it. And Braidwood concluded ED is hokum. Who's right? Where is the definitive science on the subject?

WHY do you only hear of ED in the wake of CEW-related deaths?

WAS the output of the CEW 'measured'? If not, the ME acted without full information. In other words his conclusion is flawed.

Even if the CEW was measured, there would still be the little problem of protocol. The CPRC, RCMP, BC Solicitor General's Office and probably the Alberta government, have accepted the 600 Ohms test protocol from TI. This is exactly the same mistake made over a decade ago- no one in government verifying the scientific or medical claims. In this case it is a mode of measurement that is flawed: it is admitted by the developers from Carleton/MPB/Datrends that their test is 'uncomprehensive' and NOT independent. An inflated resistance value in the protocol IS, however, a good way to cover the tracks of past mistakes, as now virtually all CEWs will pass!

And if Gordon Bowe WAS suffering a truly psychotic episode (from cocaine or anything else) this is exactly the worst thing an officer could do. When in a state of fear, pain, high stress and agitation, your PH level in the blood is already plummetting; to add the pain and fibrillation of lactic-acid-producing muscles to the mix can be enough to take a vulnerable person over the edge.

January 3, 2012
CBC News

A fatality inquiry into the death of a man during an encounter with Calgary police recommends a national database on excited delirium.

It’s just one of nine recommendations released Tuesday into the man’s death after Calgary police used a stun gun to arrest him three years ago.

Officers found Gordon Bowe from Castlegar, B.C., behaving erratically in the basement of a vacant house in the southeast community of Fonda Park in 2008.

Police described Bowe as jumping and diving off walls, saying he fought against officers for several minutes during the arrest then was "very still and did not look like he was doing well."

Bowe was being restrained by four city police officers who had been called to investigate a possible break and enter. The 30-year-old had also been shocked with a Taser, although the stun gun did not appear to work according to officers.

The medical examiner's report said Bowe's death was caused by excited delirium due to high levels of cocaine, not the use of a Taser.

At the time, Bowe's family said the arresting officers should have recognized the state he was in and treated him accordingly.

Provincial court Judge Heather Lamoureux had nine recommendations, including the Canadian Association of Chiefs of Police create a database to record and share details about deaths due to excited delirium.

"For the same rationale as a provincial system is required, similar reporting on a national scale would provide an enormous amount of data upon which the Canadian police chiefs could conduct research," wrote Lamoureux.

Officials with the organization were unavailable for comment.

More training needed

Another key recommendation is that all police agencies in Alberta train their officers annually in the identification and management of excited delirium incidents, and that training should involve real case studies and scenario-based training.

Lamoureux noted Calgary police are already training officers about the condition, but it's not being done throughout the province.

The report also suggests that all 911 call takers and dispatchers providing services to police agencies receive updated training on excited delirium.

Excited delirium, also known as autonomic hyper-arousal, is characterized by increased strength, paranoia and suddenly violent behaviour. It is further marked by profuse sweating and an elevated heart rate.

Dr. Christine Hall, an expert on excited delirium from Victoria, is attempting to document all excited delirium cases across the country which involved police restraint.

Hall testified last year at the inquiry there is insufficient data to determine whether all cases of excited delirium lead to death. But she said the risk of death increases with physiologic stress, such as a physical encounter with officers.

She suggested police need to better recognize the symptoms of the condition and try to reduce the stress of people they are placing under arrest.

"It was Dr. Hall's observation that more time must be taken to teach police that individuals who 'give up' suddenly during a physical interaction with police may in fact be in need of urgent emergency care," said the judge's report.

Controversial diagnosis

Two years ago, a judge examining the death of a man Tasered by Halifax-area jail guards ruled out the cause of death as excited delirium. The judge in that case, Anne Derrick, ruled Howard Hyde died because jail guards applied restraint techniques that interfered with his breathing. Hyde was a longtime paranoid schizophrenic.

Derrick noted there is considerable controversy within the medical community as to whether excited delirium is a legitimate condition.

The issue came under scrutiny during the public inquiry into the death of Polish immigrant Robert Dziekanski, who died in 2007 after he was Tasered by a Mountie at Vancouver International Airport.

A subsequent independent report commissioned by the RCMP also criticized the use of the term excited delirium. It said the condition is sometimes used as an excuse to justify firing stun guns.

In 2009, the RCMP restricted the use of stun guns to cases involving threats to officers or public safety, because officers had been instructed to use the weapons to subdue suspects thought to be in a state of excited delirium.

That term no longer appears in RCMP operational manuals, because the force believes officers can't be expected to diagnose it.

Fatality inquiry scheduled for Gordon Walker Bowe

November 5, 2008: Clifton Purvis, director of the Serious Incident Response Team, said the autopsy was scheduled for Tuesday. The results, including toxicology tests, will take weeks, he added. "It would be inappropriate to comment on the actions of police officers at this time," said Purvis. "That's what our goal is, to examine the actions of the police officers and determine what their conduct was, whether it was appropriate or inappropriate." He said the team is made up of civilian investigators and seconded police officers who report to him, not their police chiefs. "I can tell you it will be independent because I'm heading the investigation, reviewing the investigation, and I'm the one deciding whether charges should be laid against police officers or not," said Purvis. "I'm not a police officer. I'm a lawyer with the prosecution service and I'm not beholden to anybody," he said.

May 8, 2009: "The Taser was deployed once, I don't know if he was struck." Alberta Serious Incident Response Team director Clifton Purvis

August 6, 2009: The taser was deployed three times, he [Alberta Serious Incident Response Team director Clifton Purvis] said, and twice it was not effective due to the missing prong. It was fired in “stun mode” a third time during the struggle with Mr. Bowe. Mr. Purvis said he's satisfied that Mr. Bowe died of excited delirium syndrome related to cocaine toxicity, not as a result of the taser.

Well, then, it's a foregone conclusion, isn't it??

OOPS - Wait just one minute:

"It is not helpful to blame resulting deaths on “excited delirium,” since this conveniently avoids having to examine the underlying medical condition or conditions that actually caused death, let alone examining whether use of the conducted energy weapon and/or subsequent measures to physically restrain the subject contributed to those causes of death." - Braidwood Report, July 2009

BOWE, Gordon Walker, 30, Calgary

On November 1, 2008, Gordon Bowe became unresponsive after being restrained as a result of an altercation with police. He was transported to hospital and died November 2, 2008.

Inquiry Date Scheduled: June 13-21, 2011, 9:00 a.m., Calgary Provincial Court, Judge H.A. Lamoureux

Pre-Inquiry Conference Date Scheduled: May 9, 2011, 1:30 p.m., Calgary Provincial Court

Autopsies thrown into question

Grant William Prentice, 40 - Brooks, AB - May 6, 2009 - RCMP - tasered at least 2 times - "Official" cause of death: acute cocaine toxicity and "the medical examiner also concluded the taser did not play a role in the death"

February 17, 2011
Alex Mccuaig, Medicine Hat News

A Calgary pathologist whose work is being called into question was involved in at least two investigations stemming from deaths in southeastern Alberta, the News confirmed Wednesday.

Concerns about the quality of Dr. Michael Belenky's work arose publicly after Calgary Police requested a review on Jan. 26 of one of the pathologist's reports.

Alberta Justice announced five days later that 12 cases handled by Belenky at Alberta Medical Examiners Office Calgary will be reviewed.

The News learned autopsies connected to the February 2010 alleged homicide of Morbe Buluk in Medicine Hat and the fatality of Grant Prentice, who died during an arrest in May 2009 in Brooks, were performed by Belenky.

Regarding Prentice's death, Cliff Purvis, director of the Alberta Serious Incident Response Team (ASIRT) — which investigates deaths involving police — said, "he was the medical examiner."

But Purvis added, "the findings of the medical examiner's office didn't rest solely on Dr. Belenky's opinion and won't affect the outcome of our file."

Died during arrest

Prentice, 40, died after Brooks RCMP officers used a Taser and physical force to subdue the man after witnesses reported he was acting erratically. The ASIRT investigation cleared Mounties of any wrongdoing, attributing the death to acute cocaine toxicity. Purvis stated the toxicology report wasn't conducted by Belenky.

"That was done by a separate expert in the medical examiner's office," Purvis said.

ASIRT's role, regardless of the ME's report, he added, is to investigate whether police committed any criminal offence. In this case, ASIRT found, police actions were justified.

"I'm not reopening the investigation because it has little impact on our case," said Purvis.

Informed of Belenky's connection to the investigation of his son's death, Bill Prentice said he suspected the pathologist's involvement in the file when Alberta Justice announced its review of Belenky's examinations. "It makes you wonder," said Prentice. "The whole thing sounds to me like it could have been a problem." He said he never had much faith in the report into his son's death. "We could have raised a bunch of hell but guess what's going to happen? Nothing... They'll deny everything no matter what.'

Anniversary Approaches

As she prepares to mourn the one-year anniversary of her son Morbe's death on Family Day, Stela Buluk said she feels lost without her boy. Morbe Buluk was involved in a physical altercation on the evening of Feb. 17, 2010 with a 26-year-old man in Medicine Hat. Afterwards, he made his way home but began to act erratically and the family contacted police. The 18-year-old was taken into custody and was examined by paramedics, according to Medicine Hat police, but was found in medical distress a few hours later in his cell on the morning of Feb. 18. He died three days later at a Calgary hospital. A Medicine Hat man is currently facing manslaughter charges in connection with this case. Buluk's mother said she was informed three weeks ago that the her son's autopsy will be reviewed. "I hope at the end they do the right thing," said Buluk, who emigrated from Sudan with her three children and husband in 2003. "I'm struggling. I feel like I'm stuck in one place and don't know what to do. You just lose a son like that and now you don't know what's going to happen. You don't know," said Buluk. That autopsy was conducted on Feb. 24, 2010. However, questions began to surface last December when a local defence lawyer told the court he hadn't received the ME's report nine months after the autopsy was completed.

Alberta Justice spokesperson David Deer said the department cannot currently comment on specific cases but said Belenky left the ME's office prior to the announcement of the review. Deer added Belenky's departure was not connected to the investigation. "The first goal of the review is to review every criminal file this pathologist worked on regardless of whether it involved a conviction or acquittal," said Deer. "We'll take whatever time necessary to do that," Deer said Belenky had the recognized qualifications to practise forensic pathology in the province and was licenced by the College of Physicians & Surgeons. "Dr. Belenky certainly did have the credentials as well as being licenced," said Deer.

Medicine Hat defence lawyer Bill Cocks said he has never seen the work of a pathologist called into question like this in his 35 years of practicing law in Alberta. "The pathologist in some kinds of murder cases is critical," said Cocks. "We can't put the pieces together ourselves and we rely on this person's expertise." He said evidence presented by a pathologist is rarely questioned. "Who's to challenge it? Most people don't have the resources to hire their own pathologist and conduct the examination or review the report to make their own determination."

Alberta Justice has announced it will launch fatality inquires for both Morbe Buluk and Grant Prentice but dates have yet to be set.

I repeat - Justice must be SEEN to be done, to be done

A message I received from the mother of Trevor Grimolfson:

I sent you a copy of the media release issued by the Canadian Civil Rights Movement by Zygmut Riddle. As you probably guessed my application for funding was denied for what reason I don't know. It took me awhile to figure it out but my humble opinion is that once the lawyers for the police found out who I had found to take Trevors case, they contacted Taser International, who then requested to be a part of the inquiry. They already knew who Mr. Sundhu is and that he assisted on Robert Dziekanzki's case. In my opinion they didn't want someone of Mr. Sundhu's experience in the courtroom. They would have had quite the battle on their hands as he is an excellent lawyer and humanitarian. Had I asked for funding for a lawyer fresh out of school with no experiences with police officers or Taser International I think I may have received funding.

I have decided to go on to the inquiry and to act as my own lawyer, if this is what Judge Day wants this is what he will get. I do not speak "legalease" and feel I should have an interpreter as it is a foreign language to me. I do not have a clue about how to handle myself in front of a judge or when to ask questions or even what questions to ask.

I hope you will post this on TNT as I feel that the world needs to know how one sided this case is. I will fight for my son's human rights. I don't think that Taser International will be involved at the inquiry, now that they have managed to get rid of Mr. Sundhu and his expertise.

I think it is a miscarriage of justice to expect the victim's mother to act as a lawyer, to look at autopsy pictures and to have to question the witnesses. My opinion is that this will be a SHAM OF A WHITEWASH INQUIRY, JUST A BIG COVERUP. Ever since the day the lead investigator PETER DRAGANIUK.... LAUGHED at me, 6 weeks after my son's death, and he didn't even know what kind of tasers were used, I knew this case would not be handled well.

Thank you again Patti for all you do!!!!!! Pray for me to have the strength to make it through this. If you post this on TNT please add my contact info..... It is Bev Grimolfson TREVOR'S MOM, 1-204-638-3319....102 4th Ave. S.W. Dauphin,Manitoba R7N 1T7 E-mail jypsywind@hotmail.com

It's a travesty that families receive no funding for these coroners inquests/fatality inquiries, which are "supposed" to be for the family's benefit. We had the same problem at our inquest in BC and I`ve heard from other families in the exact same boat. I think it`s a nationwide problem but it`s a problem that most Canadians don`t even know exists until it arrives inside the borders of their own world. I guess, as families, we are just expected to sit there and shut up. We don`t even have to BE there and it would likely be preferable if we didn`t even show up. But if we do, we`re expected to just listen to the testimony of the police and the so-called "experts" and the rich lawyers who represent Taser International and hope that the jury stays awake long enough to understand the fine print. We are not encouraged to raise any questions or concerns of our own, unless we`re willing to sell the farm to pay for it.

Alberta criminal trial lawyers slam police-discipline changes

November 5, 2010
Keith Gerein, Edmonton Journal

EDMONTON — The Criminal Trial Lawyers’ Association is furious over provincial changes to the police discipline process, which the group says will make it more difficult to pursue complaints against misbehaving officers.

The proposed rules were introduced in the legislature Thursday by Solicitor General Frank Oberle, who said they were needed to streamline and speed up how such cases are handled. Changes include restrictions on who can launch a complaint, more powers to dismiss frivolous complaints and provisions to shorten appeals.

The lawyers' association said it was most concerned by an amendment that will stop "third parties" from making complaints. Only people directly affected by an officer's behaviour, their loved ones, or witnesses would be allowed to make submissions under the proposed rules.

"This will prevent people who see something in the news that disturbs them from lodging complaints," Oberle told his fellow MLAs Thursday.

"They were not witnesses to or impacted by the event, nor are they related to or acting on behalf of a complainant. Complaints of this nature eat up both time and resources and this proposal will prevent these types of complaints from going forward."

Lawyers' association member Tom Engel, an outspoken critic of the Edmonton Police Service in recent years, believes this rule change is specifically targeted at his organization. As a third party, his association has brought forward complaints for people unable or unwilling to proceed on their own, he said, noting the case of homeless people who were allegedly rounded up in a police van and dumped in a different part of the city.

"This will basically make it impossible for us," Engel said. "It's very apparent that they are trying to cut the CTLA out of the equation. It's very apparent the police services here have the ear of the solicitor general.

"They like to sweep things under the carpet and obviously having the CTLA around wasn't working for them."

A spokeswoman for the solicitor general said groups like Engel's will still have the option of bringing their concerns about an officer to the police chief, but the case would proceed only if the chief himself then decides to launch a complaint.

Another contentious amendment says that in cases involving "non-serious" incidents, the police chief's decision will be considered final. Currently, such decisions can be appealed to the Law Enforcement Review Board. Taking away that appeal avenue is unfair to both complainants and officers, and will allow chiefs to keep case details under wraps, Engel said.

"If he doesn't want something to see the light of day ... you're going to see a big increase in dispositions without hearings."

Other proposed changes include:

- - Provisions to allow the review board to get through appeals faster, including holding fewer trial-like oral hearings;

- - Greater powers for cases to be dismissed when the complainant declines to participate in hearings or misbehaves;

- - Allowing alternative dispute resolutions in appropriate cases.

"In some cases all that is needed for resolution is a simple apology or acknowledgment of the complaint," Oberle said.

"An officer who is seen as disrespectful during a routine traffic stop might be a good example where alternative dispute resolution would work."

The amendments fall short of the Edmonton Police Association's call for all police complaints to be handled by a civilian oversight body.

Justice MUST BE SEEN TO BE DONE, to be done

October 20, 2010

MEDIA RELEASE: CANADIAN CIVIL RIGHTS MOVEMENT (CCRM) (via www.excited-delirium.com)

Edmonton (Alberta) Fatal Inquiry into Death of Trevor Grimolfson, who died in a confrontation with Edmonton police officers October 29, 2008.

The Canadian Civil Rights Movement (CCRM) has significant concerns about the legitimacy of an Inquiry into the circumstances surrounding the death of Trevor Grimolfson who died in confrontation with Edmonton police officers on October 29, 2008.

The matter was investigated by the Alberta Serious Incident Response Team (ASIRT) which determined the police officers “actions were justified, when considering all of the circumstances.” No criminal charges were recommended against the police officers involved.

A Fatal Inquiry, under the Alberta Fatal Inquiries Act is scheduled for November 22-26, 2010, in the Provincial Court of Alberta. The police officers statements indicated the officers fired tasors three times, twice in the chest and a third time in the back of the neck, when the two officers involved were allegedly behind Mr. Grimolfson, and attempting to restrain him and had his left hand in handcuffs. Mr. Grimolfson went into medical distress and died shortly thereafter. Subsequent testing on the tasors (X-26 model) indciated they may have been fired five times. One of the tasor applications appears to have been cycled for as long as fifteen seconds.

Government lawyers acting for the Inquiry are relying on the investigation by ASIRT and opinion evidence of the Chief Medical Examiner (CME) for Alberta and a toxicoligist that the cause of death was “Excited Delirium” and multiple drug toxicity. This includes the conclusion of the CME that “there was no evidence to suggest that the conductive energy weapon was the cause of death.” The conclusions relied upon do not accord with the findings and recommendations of the Braidwood Commission into the death of Robert Dziekanski at YVR. Commissioner Braidwood concluded that tasors do pose fatal risks and can cause death. He made numerous recommendations restricting the manner and circumstances in which they ought to be deployed. Commissioner Braidwood also determined that “Excited Delirium” was not scientifically supportable and a “convenient label.” The Braidwood Inquiry Report(s) have been drawn to the attention of government legal counsel for the Inquiry.

The CCRM is concerned that there has been a consistent theme of blaming the victim and that the Inquiry will be a whitewash. The government has appointed counsel at the Inquiry, the Edmonton Police Services has retained legal counsel and so has Taser International. No provision is made for legal funding to assist the family of the deceased and no member of his family has been invited to testify. Mr. Grimolfson is survived by three children (ages 19, 16 & 13) and one grandchild. His children are being cared for by his mother, Bev Broadhead, of Dauphin, Manitoba. Ms. Broadhead is a single grand-parent. Mr. Grimolfson and his family are Metis. The family has sought the legal assistance of William Sundhu, a lawyer in Kamloops, British Columbia ... who was involved in assisting Zofia Cisowski, the mother of Robert Dziekanski. Mr. Grimolfson’s family is unable to afford legal counsel and Mr. Sundhu has been assisting them pro-bono. An application is pending before the Judge assigned to the Inquiry seeking a judicial recommendation that the Minister of Justice and Attorney General for Alberta make reasonable funding for the legal representation of the family to properly participate in the Inquiry. Previous government decisions indicate an unwillingness to provide funding to assist the families of deceased victims. The judge may only make a recommendation and it is then up to government to decide if it will honour the judicial recommendation or not.

The CCRM is concerned about the ASIRT investigation and that the evidence the government intends to present to the Inquiry is flawed and biased. The purpose of the Inquiry is to look into the circumstances surrounding the death and to make recommendations to prevent future deaths. The CCRM does not have confidence that the judicial Inquiry will be able to make appropriate findings and recommendations without the family being represented by legal counsel acting on their behalf and asking important questions and presenting proper evidence.

The CCRM believes that the current direction of the Inquiry raises serious questions about fairness and balance.

Zygmunt Riddle
CCRM – Vancouver, B.C.
+1 (604) 868-7070

Disciplinary hearing underway for officer accused of Tasering young man

November 1, 2010
CTV Edmonton

A disciplinary hearing for Const. Mike Wasylyshen is underway Monday. It's been eight years after the controversial incident where the constable is accused of Tasering a young man in the back of a police cruiser.

Wasylyshen is accused of two counts of unlawful exercise of authority and three counts of insubordination.

The charges stem back to October 2002 when a then 16-year-old Randy Fryingpan was found in a vehicle drunk and passed out.

Neighbours called police thinking the vehicle was about to be stolen. An agreed statement of facts showed a Taser was deployed eight times in 68 seconds.

Randy Fryingpan told CTV News last year that at the time of incident he was humiliated when police used excessive force on him.

"All of a sudden I was on the ground getting Tasered I blacked out again and then I woke up in a cop car," said Fryingpan.

Fryingpan sustained a number of injuries in the incident including bruising to his left eye, a broken tooth and burns consistent to those caused by a Taser.

During opening arguments, Wasylyshen's lawyer said: "For the first time we will hear the full story rather than piece meal parts pasted together."

Fryingpan, who is now 25-years-old, began his testimony Monday morning.

Edmonton police ordered to charge officer

September 15, 2010
Conal Pierse, Edmonton Journal

Alberta's Law Enforcement Review Board has ordered Edmonton's police chief to charge an officer for allegedly using excessive force when he Tasered a man four times in 2003.

In a ruling issued Tuesday, Chief Mike Boyd is directed to charge Const. Aubrey Zalaski with unlawful or unnecessary exercise of authority for applying a level of force inappropriate for the circumstances.

The directive was prompted by a complaint from Timothy Ferguson in relation to his arrest on Dec. 24, 2003. The report is an account of what happened that night, based on evidence, statements compiled after the incident and cross-examinations conducted by the board.

The report does not include any information about charges or convictions related to the arrest.

That night, police were responding to a domestic disturbance at Ferguson's residence. He had allegedly thrown a barbecue off his 10th-storey balcony and was yelling in a threatening manner at his girlfriend.

According to the report, Ferguson had consumed methamphetamine and alcohol earlier that night and appeared to be enraged and intoxicated when police arrived. The officers had to force their way into his apartment, at which point Ferguson assaulted one of them, officers said.

The officers called for backup, fearing their lives were in danger. Four other officers responded before Zalaski arrived, and they employed a variety of tactics to restrain Ferguson, including pepper spray, baton strikes and physical strikes and holds.

The report states that Ferguson was also Tasered, which failed to weaken his resistance. The officers resorted to physical restraints.

When Zalaski arrived, Ferguson was face down, restrained by two officers while a third was wrapping up wires to his Taser. One officer requested a mask to prevent Ferguson from spitting. Zalaski went to his cruiser to retrieve one.

Zalaski stated that Ferguson did not calm down after the mask was placed on him and began to increase his resistance. Zalaski then Tasered Ferguson four times.

Ferguson notified the police chief on Dec. 31, 2003, of his intent to file a complaint about excessive force used in his arrest; however, he didn't file the particulars of his complaint until more than two years later on Feb. 12, 2006.

The chief directed an investigation into the incident and stated in a disposition letter on Dec. 1, 2008, that there was no evidence to corroborate Ferguson's claims and that criminal charges were not warranted.

Ferguson appealed the decision to the LERB nine days later, and following an investigation the board concluded "that an objectively reasonable person might not consider the Tasering of the appellant reasonable given that it was deployed four times while the appellant was being held down by several large male officers, was handcuffed, was wearing a spit mask, and was displaying symptoms of excited delirium."

The LERB also directed Boyd to hold a hearing as outlined in the Police Act in relation to the charge.

The actions of other officers accused of excessive force were deemed reasonable by the board "given the urgency of the situation and the intensely violent and aggressive nature of the appellant," the report said.

The board raised concerns about the adequacy of the chief's investigation, noting that Taser download information was only discovered and disclosed after the LERB hearing was underway.

The LERB also noted that Ferguson's lengthy delay in providing the particulars of his complaint made it difficult for the chief to properly investigate all matters in question.

Dean Parthenis, spokesperson for Edmonton Police Service, said the department is withholding comment until the decision has been reviewed by EPS legal advisers.

Call for police watchdogs growing across Canada

July 27, 2010
Shannon Kari, National Post

Standing on the front steps of the sandstone facade of the Osgoode Hall courthouse in downtown Toronto, Evelyn Minty grieved openly about the loss of her son, Douglas, who was fatally shot by an Ontario Provincial Police officer last year.

"I want answers. I want to know what happened with my son," she said outside a court hearing this spring. "I don't want mothers to go through what I have gone through. It's been a year. I can't forget it. I can't sleep nights."

Her developmentally disabled 59-year-old son had a knife and was allegedly approaching an officer in the small community of Elmvale, about 120 kilometres northwest of Toronto, when he was killed.

The Special Investigations Unit (SIU), the civilian agency in Ontario that probes incidents of serious harm or death involving police, ultimately decided not to charge the officers involved. It was not an unexpected decision: No criminal charges have been laid against a police officer in Ontario in any of the 45 fatal shootings of civilians over the past decade.

Frustrated by the lack of information about the case, the Minty family and relatives of Levi Schaeffer, another man fatally shot last year by police, went to Ontario Superior Court. They want the court to order an end to practices such as officers consulting with lawyers before drafting their notes in these types of cases. What is unusual is that the families have the support of the SIU. Its director, Ian Scott, agreed that the vetting of notes and the potential for collusion when several officers retain the same lawyer are preventing the agency from conducting independent and timely investigations.

It is the first time in the two decades since the SIU was created that its director has complained publicly about impediments to investigating police.

Standing on the other side of the court aisle were lawyers representing every major police organization in Ontario.

"We have a pretty good model," said Ron Bain, executive director of the Ontario Association of Chiefs of Police, in an interview. "The SIU has evolved over time to be more operationally sound. I am not hearing anything out of the Atttorney-General's office that the SIU needs changing."

Resisting change, however, may be a futile pursuit. The call for better police oversight is growing.

The Alberta and Manitoba governments are moving to greater civilian oversight of incidents of serious injury or death to a civilian involving police. The Toronto Police Services Board has agreed to a review of the actions that led to the arrest of hundreds of people at the G20 summit in June.

Perhaps most prominent are the recommendations of Thomas Braidwood, who presided over the inquiry into the death of Robert Dziekanski, who died after being Tasered at Vancouver International Airport in 2007. He is calling for the creation of an oversight agency with the broadest powers in the country. "The debate is no longer whether British Columbians should have a civilian-based investigative body, but what it should look like," wrote the retired B.C. Court of Appeal judge in his report released last month.

One recommendation, which by Mr. Braidwood acknowledges is potentially controversial, is that the new agency would eventually be made up only of civilian investigators. This is not the case in Ontario, where most SIU investigators are retired officers.

This is not something police in B.C. would necessarily oppose. "Our concern is only that the investigators have the proper training and expertise," said Clayton Pecknold, president of the B.C. Association of Chiefs of Police.

The association first said last fall that it supported a civilian oversight agency in B.C. "These investigations take up a lot of resources. We are happy to have an agency take this one on," said Mr. Pecknold, who also serves as deputy chief constable of the Central Saanich Police Service.

"While we have confidence in our past investigations, we need to deal with public perception. Let's get this up and running."

The B.C. Civil Liberties Association is also urging the province to move quickly to implement the Braidwood recommendations. "I am very optimistic. This is what the public wants," said Robert Holmes, president of the civil liberties group. "Oversight is not about criminal charges [against police], it is about public confidence."

For its part, the B.C. government indicated the new oversight agency would be up and running within a year. Attorney-General Michael de Jong declined a request for an interview.

Julian Falconer, who represents the Minty and Schaeffer families, said better oversight will increase public confidence in police. "It does police services no good to justify or conceal bad policing. Good police officers should not be left out of the equation of those who benefit from effective oversight," Mr. Falconer said.

In Ontario, there may also be political obstacles for the SIU, as well as the relatives of Mr. Minty and Mr. Schaeffer.

Superior Court Justice Wailan Low ruled recently that it was not for the courts to decide on whether the vetting of notes and one lawyer representing multiple officers violate Police Act regulations. While two provincial reports recommended an end to the practices, "whether the government adopts the suggestions in the reports and enacts laws to implement them is within its province alone," she concluded.

Lacking confidence that the Ontario government will act on those two reports, the families recently filed an appeal of Judge Low's ruling. That appeal is unlikely to be heard until the fall.

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SIU FACTS

Often described in other provinces as the "gold standard" for civilian oversight of police panels, the Special Investigations Unit in Ontario, however, has been beset by controversy since it was created in 1990. Some facts:

-No fewer than seven government-commissioned reports have examined policing, oversight and the complaint process since the SIU was created.

-Its annual budget of $6.8-million (according to its 2008 annual report, the most recent available) is less than half that of the Police Ombudsman of Northern Ireland, even though Ontario has seven times the population.

-Between 2003 and 2008, criminal charges were laid against police in less than 2% of the more than 1,000 cases investigated.

-A 2008 report by Ontario Ombudsman Andre Marin, himself a former SIU director, suggested it was still a "fledgling" organization that was "administratively and technically challenged."

New Taser rules a continuation of ongoing process: top cop

May 6, 2010
Jack Wilson - Red Deer Advocate

New rules governing how the RCMP use stun guns are basically a continuation of the process started a few years ago, Red Deer’s top policeman said on Wednesday.

“In the last few years, there has been a complete evaluation of the process of the use of the conducted energy weapon guidelines and rules,” Supt. Brian Simpson said. “This is just the continuation of that process and at the end of the day we want to be open and transparent in terms of how we do business,” he added.

New rules were unveiled on Tuesday in Ottawa. The rules limit RCMP officers to using their stun gun in cases where a person is causing bodily harm or an officer has “reasonable grounds” to believe a person will “imminently” harm somebody.

“Members’ actions must be reasonable and the force used must be necessary in the circumstances,” according to the revised policy.

Simpson said the use of the Taser stun gun has decreased in the last several months.
Simpson said the city detachment has about five Tasers available for use per shift. There are four shifts.

RCMP officers must always give a verbal warning, “where tactically feasible,” that they are about to use their stun gun, the policy says. In medically high-risk situations, officers will be required to request medical assistance, when feasible, before using their stun guns, policy states.

Simpson said all officers authorized to carry the weapon are well trained and undergo updated training when time allows. He said every time officers deploy the weapon, they must “articulate and justify their reason for doing so. There’s been a lot of negative headlines about the weapon but there are many positives too,” Simpson said. Many times the weapon has “helped neutralize a potentially dangerous situation,” he added.

Some Tasers used by city detachment officers have been sent away for regular maintenance and found to be firing at a lower amperage than called for, he said.

The RCMP changes come in response to the B.C. inquiry into the death of Robert Dziekanski, new Alberta guidelines and persistent criticism from human-rights advocates that the Taser was often being used to make people obey police commands, not to defuse the most serious threats.

Bob Paulson, an assistant RCMP commissioner, said the threshold is more specific than the previous one, defined as “a threat to officer or public safety.”

In 2006, Jason Doan, 28, died after being tasered three times by police in Red Deer following a complaint to RCMP about a man smashing car windows.

EDITORIAL: Justice Can Be Slow, and Mysterious

March 11, 2010
See Edmonton

British prime minister William Gladstone famously said: “Justice delayed is justice denied.” Gladstone may well have been speaking of the case of Randy Fryingpan, and Const. Mike Wasylyshen.

In October 2002, Const. Wasylyshen and four other officers were investigating a complaint of the attempted theft of a car. When they arrived on the scene, they found four people in the suspect vehicle.

Three of them left the car when ordered, but 16-year-old Fryingpan didn’t. He had passed out.

Wasylyshen unholstered his handy Taser and gave the unresponsive Fryingpan not one, not two, but EIGHT zaps in 68 seconds.

This is where Wasylyshen and Fryingpan entered the netherworld of complaints against police. Fryingpan registered a complaint, which was dismissed by the police when they arrived at the quite amazing conclusion that Wasylyshen was justified in Tasering an unresponsive man. Fryingpan’s lawyer appealed to the Law Enforcement Review Board in 2005. It took two more years before a decision was made to charge Wasylyshen with unlawful exercise of authority and insubordination. The internal disciplinary hearing on Wasylyshen will be held on Aug. 9 of this year.

Why the delay? According to Tony Simioni, head of the police union, if an appeal request is made, it must be heard, unlike a court of law where a judge decides if there is cause of hearing. This has resulted in cases dragging out for years.

This is absurd. No one — neither the alleged victim nor the accused cop — should have to wait eight years for a resolution.

Five per cent of Tasers failed

February 19, 2010
Ryan Cormier, Edmonton Journal

About five per cent of Edmonton police Tasers failed testing in the past year

The Tasers were shipped to Ontario for testing early last year at the direction of the Alberta Solicitor General after questions were raised about the voltage such weapons put out when they are fired.

All 422 of the service's X-26 models were tested. Twenty-three were taken out of service for not having the correct voltage level.

"I would say that's a really low percentage and I'm not trying to minimize the importance of it," Chief Mike Boyd said Thursday.

In November, the department returned 14 of the 23 faulty units that were under warranty. They will return another three this month. The other six units were past warranty and have been taken out of service.

At any given time in 2009, police kept 70 Tasers on-hand for use while others were being tested.

The police plan to purchase another 15 tasers this year, says a report submitted to the Edmonton Police Commission.

The Solicitor General paid for all testing until July 2009, after which the police department has paid $4,480.

In April 2009, in the midst of the testing, the Solicitor General's office announced that 50 Tasers across the province had failed.

The tests were the first independent gauge of the weapons ever done by Alberta's police departments. Before then, the province relied on the guarantees of Taser International which makes the devices.

Mounties cleared in death by dash cam

January 31, 2010
By NADIA MOHARIB, QMI Agency

CALGARY - Footage caught by a police dash-board camera offered a rare but crucial witness that helped clear five Mounties of any wrongdoing in an in-custody death.

The Brooks RCMP officers involved in the May 6, 2009 incident were cleared earlier this month by the Alberta Serious Incident Response Team that looked into their actions and the use of a Taser on a man resisting arrest.

After two jolts with a stun-gun, Grant Prentice died but ASIRT found it was due to cocaine use and not the weapon officers were forced to use.

ASIRT director Clifton Purvis said it is rare to have that sort of evidence but clearly it offers another independent vantage point to support or contradict versions of events from witnesses or police officers involved.

Calgary police Insp. Luch Berti with the investigative support section said the case speaks to the many advantages technology can offer to either exonerate police of any wrongdoing or hold up allegations of misconduct.

“I think it’s excellent,” he said.

“Obviously, it has to be put into context by humans but it’s a video recollection of what transpired.”

While 80% of RCMP cruisers in Alberta are equipped with in-car cameras, Calgary cops currently have just 15, and exclusively in traffic unit vehicles.

The aim behind all high-tech additions to the arsenal is to enhance officer safety, said Berti.

Dash-board cameras can, for instance, offer a deterrent to those who would act aggressively or inappropriately towards police during something as benign as a traffic stop.

“If they knew police had video on them maybe they would behave better or react differently,” Berti said.

It “works both ways,” he said, offering another vantage point should there be questions of police conduct.

The Police Association president, John Dooks, said another snapshot of a particular scenario is always an advantage.

“We are in full support of the in-car camera system and as demonstrated in recent incidents it will be a valuable tool in dealing with complaints and identifying any training issues,” he said.

“The recordings will provide an accurate picture of what happened and assist any investigation process.”

ASIRT investigation finds RCMP actions justified

January 20, 2010
Government of Alberta

Criminal charges will not be laid against two RCMP constables in the death of Grant William Prentice in Brooks last spring. The decision follows an investigation by the Alberta Serious Incident Response Team (ASIRT).

On May 6, two RCMP officers responded to a call about a man behaving erratically and attempting to force his way into a home. On arrival, police tried to handcuff Prentice and used a taser in push-stun mode on him twice. Neither taser deployment appeared to have any effect on the man. Three more RCMP officers arrived and all five officers struggled with Prentice and eventually placed him in handcuffs. While being taken to an RCMP vehicle, Prentice appeared to be in medical distress. Emergency medical services were on scene and immediately provided treatment. Prentice was taken to hospital where he was pronounced dead.

The medical examiner found Prentice’s death was caused by acute cocaine toxicity. The autopsy revealed he had more than double the amount of cocaine in his body than is normally considered life-threatening. The medical examiner also concluded the taser did not play a role in the death of Prentice.

The taser involved was independently tested and was found to be operating properly.

The executive director of ASIRT has reviewed the file and has concluded the actions of the police officers were justified in the circumstances.

ASIRT is a provincially funded unit lead by a civilian director. It is mandated to effectively, independently and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person as well as sensitive allegations of police misconduct.

-30-

Media inquiries may be directed to:
Clifton Purvis
Executive Director
Alberta Serious Incident Response Team
403-592-4306

To call toll free within Alberta dial 310-0000.

No charges for Mounties who Tasered Alta. man before he died

January 20, 2010
Calgary Herald

Two RCMP officers will not be charged in the death of an Alberta man who was Tasered prior to his arrest last year.

Grant William Prentice was arrested in Brooks, Alta., on May 6 after he was found acting erratically and trying to force his way into a home. RCMP officers were trying to handcuff Prentice when he resisted, police said. Officers used the Taser twice.

Brooks is about 185 kilometres southeast of Calgary.

The Taser didn't appear to affect the man at the time, but Prentice showed signs of "medical distress" when he was finally arrested, police said. He was pronounced dead at hospital.

Investigators from the Alberta Serious Incident Response Team said Wednesday the Taser did not play a role in the death. The autopsy report showed the man died of a cocaine overdose, the team said.

The team reviews serious injuries or deaths that may have resulted from the actions of police officers.

3 Calgary police officers charged after altercations with drivers

January 13, 2010
CBC News

Three Calgary police officers are facing assault charges following altercations during traffic stops, with one incident involving a driver getting stunned by a Taser.

The Edmonton Crown lawyer's office recommended laying the charges after reviewing the two unrelated incidents, Calgary police announced Wednesday.

The first happened on Dec. 14, 2008, at 2:15 a.m. when two officers in a marked police car stopped a driver in southeast Calgary.

"During the traffic stop, the officers had a physical altercation with the driver, which led to the driver lodging a formal complaint," police wrote in a release.

Two officers, each with four years of experience with the Calgary Police Service, have been charged with assault.

Officer stunned driver

The second incident happened on April 17, 2009. An officer in an unmarked police vehicle pulled over a driver in northeast Calgary at about 2:15 p.m.

The officer and the driver had a "physical altercation" and the officer used a stun gun on the driver, police said. The driver later lodged a formal complaint.

An officer with six years of experience on the force has been charged with assault with a weapon and assault causing bodily harm, police said.

Police wouldn't release any other details and didn't name the officers charged, but did say all three have been put on administrative duties until the criminal proceedings conclude.

"Both cases involved on-duty incidents, and the allegations were laid as a result of the members' execution of their duties. Therefore, the identity of these members will not be released at this time," police said in the release.

RCMP support in B.C. plunges after Tasering, death: report

The Tasering and death of Polish immigrant Robert Dziekanski in 2007 has led more British Columbians to lose confidence in the RCMP than residents of any other province, a new national public opinion poll suggests.

“This is something that we haven’t seen before,” said Angus Reid pollster Mario Canseco of the “dramatic” results.

The online poll, conducted Dec. 17 and 18, found confidence in police internal operations and leadership has dropped by 61 per cent among B.C. respondents over the past two years.

Albertans recorded the second-largest decline in confidence at 36 per cent, while, nationally, 32 per cent of respondents said their opinion of police had worsened since 2007.

The survey involved 1,002 randomly selected adult Canadians who are Angus Reid forum panelists. The margin of error is plus or minus 3.1 percentage points.

Dziekanski, 40, died in the early morning hours of Oct. 14, 2007 after being Tasered five times by RCMP officers following a brief confrontation at the Vancouver International Airport.

A videotape of the incident taken by an airport bystander prompted public outrage. The footage shows Dziekanski screaming in pain and writhing on the airport carpet, facedown as he is handcuffed, restrained and repeatedly Tasered by police.

RCMP spokesman Insp. Tim Shields said the Angus Reid poll numbers are not surprising given public reaction to the incident and the subsequent inquiry.

“There is no question there has been a significant public outcry regarding the [Dziekanski] incident,” Shields said, adding, “We get the message loud and clear.”

Earlier this month, Canada’s independent RCMP watchdog criticized the four Mounties involved in the incident for “falling short of the expectations” of the law enforcement agency.

Paul Kennedy, chairman of the Commission for Public Complaints Against the RCMP, said the officers did not attempt to de-escalate the situation when they confronted Dziekanski, who did not speak English, nor did they approach the case “with a measured, coordinated and appropriate response.”

Instead, without any warning, they used a Taser on Dziekanski within 25 seconds of responding to a 911 call.

Meanwhile, inquiry commissioner Thomas Braidwood is writing his final report on the death and is expected to deliver it early next year.

The criminal justice branch decided last December not to charge any of the four Mounties in connection with Dziekanski’s death, though testimony this year at the public inquiry into the incident raised serious questions about the integrity of the RCMP investigation and the veracity of the officers, including Const. Gerry Rundel, Const. Bill Bentley, Const. Kwesi Millington, and Cpl. Benjamin Robinson.

Robinson also faces an unrelated charge of attempting to obstruct justice in connection with the Oct. 25, 2008 vehicle crash in Delta that killed 21-year-old Orion Hutchinson. Robinson was driving a Jeep that collided with Hutchinson's motorcycle at Gilchrist Drive and Sixth Avenue in Tsawwassen. It took more than a year for the charge to be approved.

Shields said police in B.C., and across the country, are working hard to regain public trust, and are making “significant” changes around use-of-force policy and Taser use.

“We police through the consent of the public. If we lose that consent, we can’t do our jobs,” he said.

Calgary police who fired taser not at fault in man's death: agency

"It is not helpful to blame resulting deaths on “excited delirium,” since this conveniently avoids having to examine the underlying medical condition or conditions that actually caused death, let alone examining whether use of the conducted energy weapon and/or subsequent measures to physically restrain the subject contributed to those causes of death." - Braidwood Report, July 2009

August 6, 2009
The Canadian Press/Globe and Mail

An Alberta government agency that investigates deaths linked to police says Calgary officers who fired a taser at a man are not responsible for his death.

“I've concluded that the actions of the four subject officers were justified in all of the circumstances,” Clifton Purvis, head of the Alberta Serious Incident Response Team, said Wednesday.

“No criminal charges will flow as a result of their actions in relation to this tragedy.”

Mr. Purvis said police were called Nov. 1, 2008, after someone spotted a man acting erratically.

When they arrived, they saw Gordon Bowe from Castlegar, B.C., in the basement of a vacant house, running in the dark and screaming.

He had cuts from breaking through a pane of glass and didn't respond to verbal commands from the police.

One officer fired his Taser while trying to arrest Mr. Bowe, 30, but since one of the machine's prongs did not make contact, the stun gun did not work.

Eventually the officers were able to physically subdue and handcuff Mr. Bowe, at which point they noticed that he was in medical distress.

Mr. Bowe was treated by paramedics on the scene and died in a Calgary hospital the next day.

The taser was deployed three times, he said, and twice it was not effective due to the missing prong. It was fired in “stun mode” a third time during the struggle with Mr. Bowe.

Mr. Purvis said he's satisfied that Mr. Bowe died of excited delirium syndrome related to cocaine toxicity, not as a result of the taser.

No marks on Mr. Bowe's body suggest the third attempt made contact, although it's not known for sure, he said.