BC moves to distance police-Crown relations

October 12, 2011
Dirk Meissner, The Canadian Press

The death of a Vancouver man who was left intoxicated and alone in a frigid alley by police 13 years ago has the British Columbia government moving to put some distance between Crown prosecutors and police when it comes to assessing criminal charges against officers.

Attorney General Shirley Bond said Wednesday the Criminal Justice Branch will no longer allow Crown prosecutors to investigate allegations against police in the same jurisdiction. The branch will instead use special prosecutors.

The change is a key recommendation from an inquiry conducted by Judge William Davies that examined the death of Frank Paul in December 1998. The aboriginal man was dumped by police in an alley, drunk and soaking wet, leaving him to die of exposure.

No police officers were ever charged in the case, which saw Davies conclude last June that "broader measures need to be taken to ensure the public's confidence in charging decisions that affect police officers."

Davies found that prosecutors conducted themselves with integrity when deciding no charges should be laid. But he was concerned about the perception of preferential treatment by the Crown when assessing police-related cases.

Bond said police accountability is a prominent public issue in B.C. She cited not only the recommendations from the public inquiry into Paul's death, but also the inquiries into the RCMP-connected death of Polish immigrant Robert Dziekanski and police work related to capturing serial killer Robert Pickton.

"I would certainly want to believe that we've learned enough lessons through the circumstances of both the Frank Paul case and the Dziekanski case, and the missing and murdered women (inquiry)," she said. "In fact, there have been enough circumstances in our province that we have learned lessons from."

Bond said the changes to the way investigations involving allegations against police officers will be handled in the future indicates the government is serious about Davies' recommendations. She said the Liberals want to ensure the public is confident police officers are not above the law.

Another of Davies' recommendations -- for an independent civilian-led body to conduct investigations in police-involved incidents -- was announced after the inquiry into the death of Dziekanski. The man died after her was stunned by an RCMP Taser at Vancouver's airport.

Bond said the government is planning to introduce the newly-appointed head of the civilian police investigation body by the end of this year, and expects the new office to be functioning by next June.

Criminal Justice Branch spokesman Neil MacKenzie said investigations involving police officers are already being handled by his department while the new policies and procedures are being drafted.

"The intention of the branch is to have the policy changes in place by the end of this year," he said.

The government plans to implement several other recommendations from the Davies' inquiry. They include sending automatic alerts to Crown officials if it takes longer than 30 days to make a charge assessment, and improving the system for notifying family members about the progress of charge assessments and the decisions.

Mounties in Dziekanski death face perjury charges

CTV BRITISH COLUMBIA
With files from CTV British Columbia's Peter Grainger

The four Mounties involved in the Taser death of Robert Dziekanski in October 2007 will face criminal charges.

B.C. special prosecutor Richard Peck is recommending laying perjury charges against all of the officers related to misinformation given during the independent inquiry into Dziekanski's death, the provincial Criminal Justice Branch confirmed Friday.

Peck's recommendations will now be forwarded to the provincial attorney general's office for review.

The veteran lawyer ruled out proceeding with any criminal charges linked to the officer's conduct at the airport the night Dziekanski died.

"Mr. Peck has concluded that there is no substantial likelihood of conviction in relation to any potential charges arising from the circumstances of the physical altercation with Mr. Dziekanski or the subsequent investigation into his death," the CJB wrote in a statement issued late Friday in response to inquiries by CTV News.

Dziekanski's mother, Zofia Cisowski, said the special prosecutor's report will be released within two weeks.

She said charges are something she's been waiting for since the death of her son.

"It is very important to me, Robert's case. It is my life now," she said.

The province appointed Peck last year in response to the blunt assessment of inquiry commissioner Thomas Braidwood that the four Mounties deliberately misled investigators about what happened during their confrontation with Dziekanski at the Vancouver International Airport.

The public inquiry also stated that the officers were not justified in their use of force against the Polish immigrant, who did not speak any English.

Braidwood said Dziekanski's death, which was captured on a now-infamous amateur video, "shocked and repulsed people around the world" and the four officers acted improperly at nearly every step of the brief and tragic encounter.

Cisowski filed a wrongful death lawsuit in 2009 against the RCMP and others, but settled the case after receiving a public apology from the force and an undisclosed financial settlement.

Her lawyer said the officers could face charges in Dziekanski's home country of Poland if they are not charged in Canada.

"Justice Braidwood said that this was shameful conduct on the part of the police and that people were shocked and repulsed around the world. We're hoping that our institutions work," Bill Sundhu said.

The Braidwood Inquiry cost B.C. taxpayers almost $4.5 million.

One of the officers involved, Cpl. Benjamin (Monty) Robinson, is currently suspended from the RCMP and will soon stand trial for obstruction of justice following an unrelated fatal car crash in October 2008.

Robinson failed two separate police breathalyzer tests after hitting motorcyclist Orion Hutchinson with his Jeep.

Const. Gerry Rundel, the first officer to take the stand at the official inquiry into Dziekanski's death, is currently on desk duty in Nanaimo.

Const. Bill Bentley, who had been working at the Vancouver airport for just one month when Dziekanski died, is working for an RCMP security detail in Toronto.

The constable who fired the Taser, Zwesi Millington, is working for a commercial crime section in Milton, Ontario.

Millington's lawyer, Ravi Hira, said that his client will fight the charges.

"Naturally my client is disappointed that the special prosecutor is proceeding with charges," Hira told CTV News on Friday. "He will be pleading not guilty and plans a vigorous defence."

RCMP refused to comment on the case Friday.

MEDIA ADVISORY May 6, 2011 – Re: CRIMINAL CHARGES LAID AGAINST RCMP OFFICERS - YVR (ROBERT DZIEKANSKI)

CANADIAN CIVIL RIGHTS MOVEMENT (CCRM)
www.civilrightsmovement.ca

MEDIA ADVISORY May 6, 2011 – Re: CRIMINAL CHARGES LAID AGAINST RCMP OFFICERS - YVR (ROBERT DZIEKANSKI)

Issued by Zofia Cisowski, Mother of Robert Dziekanski:

I am pleased that the Special Prosecutor has announced criminal charges against RCMP officers involved in the death of my son, Robert Dziekanski, at Vancouver Airport in October 2007.

It has been a long and painful ordeal over the last 3 ½ years of delay and misinformation by the RCMP. The RCMP should not be investigating itself. I and thousands of others, especially through CCRM Petition had urged the appointment of a Special Independent Prosecutor to review the evidence and recommend charges. The Special Prosecutor has acted against the testimony of the RCMP Officers. Police officers are not above the law and I will await the verdict of the Courts. I hope that justice will finally be achieved in the death of my son Robert Dziekanski.

I am very grateful to Sima Ashrafinia and especially Paul Pritchard and his determination in seeking release of the video that showed what really happened to my son. I would also like to express my appreciation to Justice Braidwood and his Inquiry. His Report resulted in the government finally appointing a Special Prosecutor. I met with the Honourable Barry Penner, Attorney General of British Columbia, on April 21, 2011 and urged him to implement ALL of Justice Braidwood’s recommendations. This is vitally necessary so that no other mother should have to needlessly lose and mourn a child in the manner I have and so that the public can trust and have confidence in the police and operation of justice in British Columbia. I will continue to watch whether our lawmakers fully implement meaningful and proper changes as recommended by Justice Braidwood.

For further contact with me, please call Zygmunt Riddle (604) 868-7070 and for further information please call B. William Sundhu (lawyer) at 250-574-2124.

Zygmunt Riddle
zriddle@shaw.ca

Vancouver police chief argues civilian-led investigative unit should have broader scope

October 6, 2010
straight.com

Vancouver's top cop says a broader mandate is needed for a new civilian unit that has authority to investigate deaths and other serious incidents involving police in B.C.

“I strongly urge the government to consider expanding the mandate of this proposed agency to handle all complaints against police, not just in-custody deaths or serious injury,” Chief Jim Chu said in a statement released today (October 6) by the department.

In June, Attorney General Michael de Jong announced the Independent Investigation Office would be formed over the coming year, with power to look into complaints leveled against both RCMP and municipal police forces.

Thomas Braidwood, the commissioner of the inquiry into the 2007 Taser death of Polish immigrant Robert Dziekanski, recommended the creation of such a civilian-led body in his final report.

Chu emphasized the need to address public perceptions of bias when police investigate themselves.

He urged the B.C. government to go a step further by giving the IIO power to investigate the “full range” of complaints covered by the Police Act.

Chu argued an expanded IIO mandate will boost public confidence in investigations and free up the resources of municipal police forces.

Vancouver Mayor Gregor Robertson has also expressed support for Chu’s call.

“The province’s creation of an IIO is a good start, but it does not go far enough," Robertson, who is also the police board chair, said in a statement. "Having civilians investigate all forms of police complaints, not just police-related deaths or injuries, is the right way to maintain trust and accountability between the police and the public.”

“Given the number of serious police incidents across B.C. in recent years that have shaken the public’s confidence, it’s crucial we strive for the highest levels of accountability in our policing system."

Who should watch over civilian-led investigation unit in British Columbia?

July 27, 2010
By Benjamin Goold, Special to the Sun

On June 18, British Columbia Attorney-General Mike de Jong announced that the government would establish a new civilian-led unit to investigate all police-related deaths and serious incidents across the province. Following after the Braidwood Commission's second and final report into the death of Robert Dziekanski, the announcement represents a significant shift in government policy on independent police oversight and police accountability. Yet, while the government has rightly received praise from all quarters for this historic step, a number of important questions remain unanswered.

First, it is unclear as to why the government believes it must consult in order to determine who should be made responsible for overseeing the new Independent Investigation Office (IIO). Although the Braidwood Report clearly states that the provincial Ombudsperson should have jurisdiction over any new oversight body, the A-G has instead indicated that he has yet to decide whether the IIO should answer to the Ombudsperson or to the Office of the Police Complaint Commissioner. Given that the government has accepted all of the Commission's other major recommendations about the structure and remit of the IIO, its apparent hesitation on the question of oversight is curious and worrying.

In his report, Commissioner Braidwood makes a good case for giving the Ombudsperson jurisdiction over the IIO. Looking at the experience of the Ontario Special Investigations Unit (SIU), Braidwood notes that members of the unit were found by the Ontario Ombudsman to be steeped in police culture, and that this prevented the SIU from becoming a truly civilian oversight body. As the new IIO will need to work closely with the police and may well be staffed by former police officers, there is a danger that it will likewise become increasingly aligned with the police and struggle to preserve its independence. Giving jurisdiction over the IIO to the provincial Ombudsperson -whose office is completely removed from the police -may not entirely eliminate this danger. It would, however, establish a distance that may help to ensure that the IIO maintains its civilian character and gains the public's trust.

The second major unresolved question is that of funding. Although it is still early days, it is vital that the government makes a clear commitment to providing the new IIO with the resources it needs to do its job properly. If the IIO is to help restore public confidence in the police and our criminal justice system, then it needs to be able to pursue investigations and discharge its oversight responsibilities without being constrained by penny-pinching or staff shortages. Sadly, history is littered with example of similar oversight bodies that have been established with the best of intentions but then crippled by inadequate resources. If the government is serious about addressing the problem of police oversight and accountability, it must be willing to put its money where its mouth is.

As the government begins the process of implementing the recommendations of the Braidwood Report, it is crucial that it acknowledges that the police are not like other public servants. Even junior officers are empowered to use force in the execution of their duties, and are frequently called upon to make difficult judgments as to when and to what extent that force should be used. Paradoxically, while police officers have this "monopoly on violence" they are also reliant on the trust and confidence of the public in order to do their job efficiently and effectively. Without the support of the public, even the most mundane police tasks can become extremely difficult and potentially confrontational.

Reconciling these two fundamental aspects of policing is no easy task. In order for the public to accept that the police should be able to use force, they must be confident that the police will only use this power when absolutely necessary, and that when mistakes are made they are investigated and wrongdoers are held properly accountable. Otherwise, there will always be an unhealthy tension between the police and the public, and the effectiveness of the police will be seriously undermined.

It is for this reason that the government must take the task of restoring confidence in the police extremely seriously, and ensure the IIO is both properly funded and completely independent. If we end up with an IIO that is a watered down or hamstrung version of the body envisaged by the Braidwood Report, we will have failed to learn the lessons of Robert Dziekanski's tragic death.

Benjamin Goold is a professor at the University of British Columbia's faculty of law, and the author of a number of books on policing, surveillance, and the relationship between security and human rights.

Independent police oversight

June 29, 2010
By Greg Klein, Vancouver Sun

Canadians strongly back Braidwood Inquiry findings, according to the headline on your June 26 article. But do the B.C. Liberals? They're waffling on a key Braidwood recommendation: that the new police oversight agency answer to the province's ombudsperson.

Retired justice Thomas Braidwood said the proposed independent investigation office "ought to be modelled on Ontario's Special Investigations Unit" and that "the provincial Ombudsman [should] have jurisdiction over the IIO." That last point is crucial because it took a lengthy investigation and a scathing report from Ontario's ombudsman to keep the unit from becoming an apologist for the police.

But in his June 18 media release, B.C. Attorney-General Mike de Jong said, "The province agrees that a legislative officer have oversight responsibilities for the IIO. We will consult to determine whether that is best achieved by the Ombudsperson or by the Office of the Police Complaint Commissioner."

The OPCC is run by Stan Lowe, a former Crown lawyer who took part in the decision to exonerate the four Mounties involved in Robert Dziekanski's death. He stated emphatically that the five Taser shocks and other treatment inflicted on Dziekanski were "reasonable and necessary."

Lowe's staff consists mostly of ex-cops. Now de Jong is talking about giving them jurisdiction over the new IIO.

Power and authority of RCMP being drastically diluted

June 18, 2010
Gary Mason, Globe and Mail

The landscape of policing in Canada is undergoing a radical transformation. And the once unchallenged power and authority of the RCMP is being drastically diluted in the process.

It’s difficult to imagine a 48-hour period in the force’s history that has been as damaging and wrought with implications for the future as the one the Mounties have just endured.

On Thursday, the conduct of the RCMP was condemned in a report into the greatest mass-murder in Canadian history – the Air India bombing. And a day later, the behaviour of four Mounties in B.C. was denounced in the harshest terms possible by the commission investigating the tasering death of Polish immigrant Robert Dziekanski.

Behind the findings and the fundamental changes the RCMP is facing lies the power of a Canadian public whose growing disenchantment and distrust of Canada’s iconic police brigade could no longer be ignored by our political leaders and even the force itself.

That cynicism and suspicion is what really has driven the rather urgent policy changes now being rolled out. Public trust is the cornerstone of policing. Without it, officers have little credibility, which ultimately undermines their effectiveness and threatens the stability of a crucial pillar upon which a just society is built.

This is why the RCMP recently made internal changes in the way its members are investigated and disciplined. This is why the federal government recently gave the RCMP watchdog sweeping new powers to obtain documents during his investigations and also compel officers to testify. This is why Ottawa is expected to adopt the recommendations of John Major, head of the Air India Commission, that a new national-security czar be established that will severely crimp the RCMP’s investigative authority.

And this is why the B.C. government waited less than an hour after commissioner Thomas Braidwood released his exhaustive report Friday on the Dziekanski affair to announce it was adopting all of its recommendations, including the establishment of an Ontario-like Special Investigative Unit to carry out all probes of the police in the province – municipal or RCMP.

In fact, the investigative squad will have a mandate that far exceeds the SIU’s in Ontario. The B.C. group will not just investigate deaths involving an officer, but cases where serious harm has occurred, where a provision of the Criminal Code has been violated or where there has been a possible contravention of any federal or provincial statute. As significantly, the unit will be entirely civilian – no member of it will be allowed to have served anywhere in Canada as a police officer. (Although Mr. Braidwood allows for a five-year transition period during which former officers would be able to participate subject to certain conditions).

And B.C. Attorney General Mike de Jong made it clear that the RCMP will soon come under the authority of the provincial police-complaints commissioner as well.

The result is that B.C. will effectively have a provincial police force. And the RCMP, which polices 70 per cent of the province, isn’t saying a word about it because it understands it doesn’t have the moral authority to protest.

The Mounties’ new attitude stands in dramatic contrast to the one that was expressed only four years ago by the force’s top media-relations spokesman in B.C. When it was suggested the public had the right to know about how the force was handling the investigation into the in-custody death of mill worker Ian Bush in Houston, B.C., Staff Sergeant John Ward replied: “The public doesn’t have the right to know anything.”

The comment reverberated throughout the country.

Sadly, it often takes tragedy to forge change.

And in Canada it took the death of Ian Bush, hundreds of poor souls aboard Air India and Robert Dziekanski – among many, many others – to inflame the public mood to the point it ignited the changes we’re now witnessing.

If there was a case that tipped the balance it was the death of Mr. Dziekanski. Captured on an amateur video, it was the one that mortified this country, made us feel embarrassed of our national police. It would be the graphic, irrefutable bit of evidence Canadians would need before collectively exclaiming: Enough.

Walter Kosteckyj, the lawyer who so ably represented the interests of Mr. Dziekanski’s mother, Zofia Cisowski, at the Braidwood commission, was asked Friday how long it would take for the RCMP to regain the public’s trust.

“They didn’t lose it in one day,” he said. “It’s going to take a while. I guess we’ll see just how serious they are about repairing the damage. Ultimately it’s up to them.”

And they certainly deserve that chance.

RCMP must fire officers involved in YVR death - How can Canadians' trust in the force be restored if these four Mounties are still on the job?

June 19, 2010
By Ian Mulgrew, Vancouver Sun

The bottom line is you and I still are paying the salaries of the four RCMP officers whose shameful conduct led to the death of Robert Dziekanski.

It's an outrage.

In his damning 470-page report, former justice Thomas Braidwood swept aside nearly three years of official Mountie obfuscation and outright lies by these individuals.

Braidwood said the Mounties had no justification for Tasering Dziekanski at Vancouver airport on Oct. 14, 2007.

The 40-year-old Polish immigrant was compliant and did not resist -- the officers completely over-reacted to the situation and were the authors of this tragedy.

Yet RCMP Commissioner William Elliott still refuses to do the right thing and axe them.

"Mr. Dziekanski in no way brought this on himself," Braidwood emphasized at his media conference, his voice rising with emotion. "He did not advance on any of the officers."

That's why they got together afterwards, discussed events and tried to deliberately mislead Braidwood during his public hearings. No wonder he called for a special prosecutor to be immediately appointed to consider laying criminal charges against the four men.

Braidwood couldn't talk about why provincial prosecutors swallowed an RCMP investigation that was obviously flawed or why their spokesman at the time, now police complaints commissioner Stan Lowe, all but blamed Dziekanski for causing his own death.

"My mandate didn't allow me to do that -- I couldn't do that," Braidwood said.

For the same reason, he also couldn't say what should happen to the officers.

When he spoke with reporters a few hours later, the RCMP commissioner couldn't say either.

Elliott said the force would review Braidwood's findings with the four disgraced officers but they may not face any discipline.

"We will certainly need to look at that," was the best he offered.

The mantra throughout Friday's many media conferences was that public confidence must be restored in the RCMP and the process for handling police-involved incidents.

Attorney-General Mike de Jong responded perfectly by immediately announcing the province would have an Ontario-style civilian investigation agency and follow up on all Braidwood's recommendations.

(Former solicitor-general Kash Heed must be kicking himself -- the ex-cop could have brought in this long-needed reform and reaped the kudos that go deservedly to de Jong.)

In response to concerns over the Crown's December 2008 decision not to prosecute, the AG said that was based on the best information available but the inquiry had brought much new information to light.

"There was misconduct here ... and that reflects badly, and that's why Mr. Braidwood used the language that he did," said de Jong, who has named Vancouver lawyer Richard Peck as special prosecutor.

Elliott's initial response, too, was hopeful -- "we've long acknowledged ... the RCMP messed up."

The iconic force, he explained, has substantially reformed its training and promotional policies and dramatically altered its rules for the use of conducted energy weapons. It has made many changes since this regrettable event that are laudable.

Elliott welcomed the new provincial investigative agency.

But when it came to discipline and dealing with the four ...

"We will review the report and determine and take appropriate action," was the best Elliott offered.

What a ridiculous response! Was he unaware of their performance at the inquiry?

Until Braidwood unveiled his conclusions, I could understand if not support the force standing behind the men even if they were spinning a "patently unbelievable" tale. But in the wake of these staggering findings and their deceit, they should be thrown under the bus.

How can Canadians restore their trust in the force if these four are still on the job, still carrying firearms and still able to exercise the powers of a police officer after being branded no better than lying thugs?

Braidwood said it loud and clear -- these officers committed such outrageous misconduct it must be weighed against a criminal standard by a special prosecutor.

Dziekanski's mum Zofia Cisowski shook her head after hearing the Mounties continued to be employed: "They still have no consequences."

That these four officers are still drawing public pay is an absolute disgrace.

The question Braidwood used as the title of his report remains -- why?

EDITORIAL: Braidwood sets RCMP's course

June 19, 2010
Times Colonist

The RCMP`s future is now at stake.

The report on Robert Dziekanski's death has brought into question the force's ability to continue to function effectively. The response to the Braidwood inquiry report, from RCMP management and governments, will determine it can survive as an effective police force.

It's not just the questions about the competence, training and judgment of the four officers who responded to a call at Vancouver airport two years ago. Those are serious, but things go badly -- tragically -- wrong in any large organization.

The more profound problem is the Braidwood inquiry's findings about what happened afterward.

We ask police to take on a hugely difficult task. Many officers face personal danger. Some are killed or kill on our behalf on the job. We give them great powers so they can do the required work effectively.

But we recognize the risk that those powers can be abused. We demand accountability and honesty from police forces and a commitment to the public interest, not their own. We believe that what police say -- in court or in public statements -- can be trusted.

Inquiry commissioner Thomas Braidwood's report found that was not true in this case.

The officers' actions were not justified, he found. They caused Dziekanski's death. The report on the Taser use "consistently and deliberately misrepresented and overstated" Dziekanski's actions and chose self-serving language to justify the officers' reaction.

The account of the incidents to investigators by all four officers were "deliberate misrepresentations, made for the purpose of justifying their actions."

Braidwood rejected their evidence at the hearings and concludes they lied to justify their actions.

The inquiry also considered RCMP media statements on the death. Braidwood found the initial statements were not deliberately misleading. But "the factual inaccuracies, consistently self-serving, painted Mr. Dziekanski in an unfairly negative, and the officers in an unfairly positive, light." The decision not to correct the inaccuracies was an "error in judgment," he concludes, not an attempt to mislead.

But the inaccurate statements, coming from the police as they investigated themselves, naturally eroded public confidence in the impartiality of the investigation.

The solution, Braidwood found, was to end the practice of police investigating themselves in cases involving death, serious bodily harm or any offence that could involve the appearance of bias. The Davies commission of inquiry into the death of Frank Paul after he was left in an alley by Vancouver police called for the creation of an independent investigation unit, staffed by civilians without connections to police.

Braidwood repeated the recommendation. "The perception that investigators will allow loyalty to fellow officers to interfere with the impartial investigative process, even if not justified in a given case, can lead to public distrust and undermining of public confidence in the police," he noted.

The province acted quickly. Soon after Braidwood delivered his report, Attorney General and Solicitor General Mike de Jong announced that the province will create a civilian investigations unit that will conduct criminal investigations into police-related incidents.

That is a crucial first step toward restoring confidence. The province has also promised to appoint a special prosecutor to re-open the investigation into Dziekanski's death and its aftermath. That is another welcome step.

We value, highly, the work of police officers. Braidwood notes the actions of these officers should not reflect unfairly on the thousands of RCMP officers who have earned a well-deserved good reputation while protecting communities.

But the Dziekanski case has, he says, galvanized public antipathy for the force and its members.

That damage could have been avoided with a thorough independent investigation, as well as honesty from the officers involved.

This case, along with several others in recent years, has damaged the force's most important assets -- public support and trust. Braidwood has set the RCMP on a course that could restore its ability to do its job.

The sooner de Jong follows through on yesterday's commitments, the better for everyone.

CANADIAN CIVIL RIGHTS MOVEMENT
MEDIA RELEASE: June 18, 2010

The Canadian Civil Rights Movement (CCRM) praises Justice Braidwood for his courageous and direct pursuit of the truth in the death of Robert Dziekanski at YVR. He has performed an honourable service to the public in exposing the shameful conduct and cover-up by RCMP officers and the incompetence of the British Columbia Criminal Justice Branch.

The Attorney General’s immediate announcement of the appointment of a Special Prosecutor reflects the damning findings made by Justice Braidwood, including the statement that the “public can draw its own conclusions about misconduct.” Justice Braidwood’s conclusion reflects the longstanding and widely held public sentiment and view that a Special Prosecutor ought to be appointed. This was illustrated by the CCRM which advocated and circulated a petition signed by thousands of members of the public, demanding such an appointment, and which was submitted to the Criminal Justice Branch (“CJM”) of the Attorney General’s Ministry.

Justice Braidwood has confirmed that, which was publicly known because of the Paul Pritchard video. The decision of the CJB was then and remains indefensible. It raises serious doubt about the impartiality and competence of the CJB decision to not recommend charges in 2008. Its decision was totally unjustified and incredible.

This all caused unacceptable delay and compounded the suffering to Zofia Cisowski. It also cost millions of dollars of taxpayers money – the Inquiry while it has performed an important public function – only confirms what we (the public) already knew. Therefore, we call on the B.C. Legislature to examine and review the conduct and operation of the Criminal Justice Branch in the Dziekanski case. Public confidence and accountability in the administration of justice requires this as well.

We would like also to praise Justice Braidwood for recommending the creation of an independent civilian oversight body to deal with police misconduct.

We believe Zofia Cisowski may have been unnecessarily pressured by the RCMP for out of court settlement of the civil lawsuit and urged to not publicly seek criminal charges, prior to the release of the Braidwood Report.

The RCMP resistance and interference in the matter of potential criminal charges has backfired in view of the final Inquiry Report and the imminent appointment of a Special Prosecutor. In addition, as we learned today, the Polish Ambassador to Canada confirmed the Polish Authorities continue to maintain an open file and interest in criminal proceedings in Poland. Zofia Cisowski is represented in Poland by lawyers, Piotr Banasik and B. William Sundhu. The CCRM will continue to monitor firsthand the developments in Poland and inform the public through media.

The Inquiry report is a powerful indictment of the shameful conduct of officers and which “shocked and repulsed people all over the world.” The RCMP engaged in a cover up – all of which has tarnished Canada’s international image. Regretfully, the only non-governmental organization which supported the RCMP and expressed its willingness to assist the RCMP in restoring its image in Canada and around the world was the Canadian Polish Congress. This shameful act took place in Ottawa on July 29, 2009 at a meeting between Władysław Lizoń, the President of the Canadian Polish Congress and RCMP Commissioner William Elliot.

The CCRM feels the position it has consistently taken and advocated has been vindicated by the findings of the Inquiry Report and the appointment of a special prosecutor.

Sadly, no passage of time can diminish the true nature of this tragedy.

Zygmunt Riddle, Tel. 604-868-7070, zriddle@shaw.ca
Bill Sundhu (Spokesperson for CCRM)
Tel: (O) 778-471-5777 (C) 250-574-2124
Email: bill@bwilliamsundhu.com
Web: http://bwilliamsundhu.com/index.html
http://www.billsundhu.ca/

B.C. to review charges against officers involved in Dziekanski death

June 18, 2010
By: The Canadian Press

The B.C. government will immediately appoint a special prosecutor to review the possibility of charges against four RCMP officers involved in Robert Dziekanski's death, in light of a scathing public inquiry report.

Prosecutors had already ruled out charges against the four officers, saying their actions were justified under the circumstances.

But B.C. Attorney General Mike de Jong said the matter should be reviewed following the inquiry report released Friday that concluded that the officers were not justified in using their Taser, and that their explanations of the events that unfolded the night Dziekanski died were "patently unbelievable."

Contrary to their testimony at the inquiry, commissioner Thomas Braidwood said the officers could not have reasonably perceived Dziekanski was a threat when he picked up a stapler during the confrontation at Vancouver's airport in October 2007.

The report by the former B.C. judge is riddled with terms like "untrue," misleading," "misrepresented," and "overstated," to describe the testimony of the four RCMP officers involved.

"Mr. Dziekanski's death appears to have galvanized public antipathy for the (RCMP) and its members," Braidwood said in his report. "That is regrettable, because the most important weapon in the arsenal of the police is public support.

"This tragic case is, at its heart, a story of shameful conduct by a few officers."

De Jong said a special prosecutor will be appointed immediately.

"In the immediate aftermath of the release of the Braidwood commission report, and some of the information and material that presented itself during that report, it is in my view not just warranted but essential that a reconsideration of that decision take place," de Jong told reporters.

The attorney general said the commissioner had shared with him his concerns about the officers' testimony. A copy of the inquiry report has been sent to the Criminal Justice Branch.

"The special prosecutor will assess whether there is any additional evidence or grounds upon which to reconsider the earlier decision around criminal prosecution," de Jong said.

He said the province accepts all the recommendations in the report, and will create within the next 12 months a new civilian agency to investigate serious incidents involving police in B.C.

The inquiry report was also critical of border officials and airport authorities, but stopped short of concluding that Dziekanski's death was caused by the stun gun. Braidwood noted there is no consensus on the exact cause of death.

"We will never know, with absolute certainty, what caused Mr. Dziekanski's death," says the report.

But the death and a witness video of his final moments, "shocked and repulsed people around the world," says the report.

Braidwood addressed Dziekanski's mother, Zofia Cisowski, directly.

"I can only say to you that I hope these findings and recommendations will give some feeling of satisfaction at least in a small way, arising out of these things, particularly in light of the ordeal you have suffered," he said.

Cisowski thanked the commissioner, saying the report did give her some relief.

"I just cannot even talk today," she told reporters.

The inquiry report makes eight recommendations, including an independent body to investigate police in B.C.

The report follows an exhaustive public inquiry that spent much of last year hearing from more than 90 witnesses about what happened the night Dziekanski died.

Dziekanski, who didn't speak English, arrived in Vancouver after a long flight from Poland and spent 10 hours in the airport before he eventually cleared customs.

Unable to find his mother or communicate with anyone around him, Dziekanski began throwing furniture in the airport's international terminal. Several onlookers called 911 and one witness started filming the scene on his video camera.

The four RCMP officers were told by a 911 operator to expect a drunk man throwing furniture. Within seconds of approaching Dziekanski, one of them fired the Taser, pulling the trigger five times in total, mostly after Dziekanski had fallen to the ground.

Last December, the RCMP complaints commissioner released his own report that found the officers' use of the Taser was "inappropriate" and their explanations to justify their actions weren't credible.

Dziekanski's mother filed a wrongful death lawsuit last year against the RCMP and others, but settled the case this past April after receiving a public apology from the force and an undisclosed financial settlement.

Braidwood's final report in gov't hands

mAY 21, 2010
By Suzanne Fournier, The Province

Thomas Braidwood's long-awaited final report on the Taser-related death of Robert Dziekanski at Vancouver airport has been delivered to government.

But the public will have to wait at least a month to read the report from Braidwood's inquiry -- and may never get to see parts that could be excised for "privacy" reasons.

B.C. Attorney-General Michael de Jong accepted the report Thursday from ex-Supreme Court justice Braidwood, whose findings for the inquiry's second phase focus on the October 2007 death of Dziekanski at the airport.

Dziekanski's mother, Zofia Cisowski, attended much of the second phase of the hearings, although she left during viewings of a video shot by Paul Pritchard of her son's death in RCMP custody.

Braidwood's goal in the second phase was to "provide Dziekanski's family and the public with a complete record of the circumstances of his death."

Cisowski recently accepted an apology by B.C. RCMP brass, and an undisclosed financial settlement, in return for dropping her planned civil suit against the RCMP and the federal government. However, the B.C. Court of Appeal earlier ruled that Braidwood is free to make findings of misconduct against the four Mounties involved in Dziekanski's death.

The first phase of Braidwood's inquiry into the use of " conducted-energy weapons," or Tasers, in B.C. was released in July, 2009. Dave Townsend, spokesman for the attorney-general, said the second report likely won't be released until a year after the first report, in mid-July 2010.

After cabinet views the document, it must be vetted by B.C.'s privacy commissioner.

Taser's allegations against lawyer, doctor were 'scandalous'

May 4, 2010
By Lori Culbert and Ian Mulgrew, Vancouver Sun

A B.C. Supreme Court judge has roundly rejected attempts by Taser International to discredit a lawyer and a medical expert who participated in the Braidwood inquiry into the use of the controversial weapons in this province.

In a written ruling released Monday, Justice Robert Sewell said allegations of bias and dishonesty against lawyer Art Vertlieb and Dr. Keith Chambers were "unnecessary, scandalous and vexatious," and ordered the company that manufactures Tasers to pay their legal costs.

However, the Arizona-based company also achieved a victory in the ruling, as Sewell gave it the go-ahead to pursue its legal challenge of the commission's damning report into the conducted-energy weapons.

Sewell rejected as premature an attempt by B.C.'s attorney-general to throw out Taser International's application for a judicial review into the report by Commissioner Thomas Braidwood.

Braidwood's inquiry probed the death of Polish traveller Robert Dziekanski at Vancouver International Airport in October 2007. The RCMP Tasered Dziekanski five times, leading to two commissions: one into the circumstances of his death and the other into the use of conducted-energy weapons by police officers.

Braidwood issued the commission's findings in June 2009 and concluded that Tasers, in some circumstances, could cause death or severe injury. He also set out recommendations for Taser use, which have now been adopted by peace officers in B.C.

Taser International sought the judicial review, to be held over three days in July, to try to get these findings quashed.

The company also asked for declarations that Vertlieb, the commission's counsel, and Chambers, a medical consultant, were guilty of "dereliction of duty" that led to a "reasonable apprehension of bias" against Taser. The company further alleged that Chambers was guilty of "dereliction of duty to be honest."

Sewell ruled the July hearing will not include the accusations against Vertlieb and Chambers, who only provided assistance in collecting or collating documents for Braidwood and made no submissions or findings themselves.

"I have concluded that the declarations sought against Mr. Vertlieb and Dr. Chambers do constitute an abuse of process. I consider that the allegations made against them are unnecessary, scandalous and vexatious," Sewell wrote.

"I conclude that the allegations here are motivated at least in part by a desire to embarrass Mr. Vertlieb and Dr. Chambers."

The judge gave Taser International a severe tongue-lashing, ordering it to pay some of Vertlieb's legal bills and all the legal costs for Chambers -- against whom the most serious accusations were levelled.

Of Monday's ruling, Vertlieb said: "The outrageous allegations against Dr. Chambers, falsely accusing him of wrongdoing, I'm glad they've been resolved."

However, Taser International has a right to the judicial review, Sewell wrote, because "it seems to me that the report and recommendations of the Study Commission could have important commercial implications for the [company]."

Sewell hastened to add that he was not making any conclusions one way or the other about this possibility. (Taser International worries that having its weapons declared killers would damage its sales.)

Stan Lowe part of the problem with police complaints process

March 8, 2010
Ian Mulgrew, Vancouver Sun

B.C. Police Complaints Commissioner Stan Lowe thinks a public hearing into a West Vancouver police officer's off-duty assault is needed to restore public confidence.

What planet is he living on? The police complaints process in this province is in a shambles.

It doesn't work, it has long been in need of reform and there isn't anyone who disagrees.

Lowe is a prime example of what's wrong with it.

He was appointed to this job after being a longtime prosecutor and the face of the criminal justice branch of the Attorney-General's Ministry.

He was the man who told the world that no charges would be laid in the death of Robert Dziekanski at YVR at the hands of four RCMP officers.

That distasteful December 2008 presentation, more than a year after the tragedy, was an affront to Dziekanski's family and to decency.

The attorney-general's office should be ashamed of its conduct in the case.

Lowe portrayed the Polish immigrant as a chronic alcoholic, the four officers as having done their duty and the investigation as above reproach. He said zapping Dziekanski five times with a Taser was "reasonable and necessary."

A week later, Lowe got his promotion to police complaints commissioner.

We now know Dziekanski wasn't a drunk, the four officers appear to have colluded with each other and to have lied. The glacial RCMP investigation was botched.

At the moment, the cops in this province play musical chairs with each other when police misconduct is alleged.

Abbotsford Chief Bob Rich, a former Vancouver cop, passes judgment on his former colleagues; when his boys are in trouble, well, he calls on someone like Delta Chief Jim Cessford to conduct an inquiry; and the RCMP, well, they've been acting like a law unto themselves.

It was Rich who decided the North Shore cop could keep his job with a demotion and 10-day suspension in spite of drunkenly beating a man on Jan. 21, 2009, while trying to wrongly arrest him.

That Lowe and his group of ex-cops are the oversight body is a $3-million-a-year joke. That is why the public has lost faith.

Lowe thinks a public hearing into the West Vancouver outrage will silence critics of the system and restore faith.

He couldn't be more wrong.

This problem isn't going away and another hearing won't solve anything. We have been wrestling with this problem now for years but the cops just don't seem to get it.

Most recently, a lawsuit was launched over two Vancouver officers who assaulted a man claiming it was a case of mistaken identity -- as if it were okay had they thumped the right guy.

Yao Wei Wu, 44, was dragged out of his house Jan. 21, 2010 and badly beaten, suffering fractures to his face and injuries to his legs and back. His eyes were swollen shut. His wife, Chi Nan Man, says she has suffered serious psychological trauma after witnessing the savage attack.

If you or I did the same thing, we would have been charged almost immediately.

These two thugs are still on the job and Delta police are taking their sweet time with the investigation.

What's worse, Lowe turned up at a press conference to stand beside Chief Jim Chu and defend this law-enforcement legerdemain.

The list of police misconduct in B.C. is already long and getting longer because the consequences for the officers involved is usually slight or non-existent.

That's why confidence in the system has evaporated and why some officers think they can get away with anything.

Faith in the police complaints process in B.C. will only be restored when cops and their insider friends like Lowe are not in control.

We don't need another hearing to tell us the police oversight system is broken; we need it fixed.

Dziekanski inquiry could spur criminal charges, officer's lawyer tells court

December 4, 2009
By James Keller (CP)

VANCOUVER, B.C. — If a public inquiry into the death of Robert Dziekanski finds the RCMP officers who stunned him with a Taser used too much force and then lied about it, criminal charges are sure to follow, one of the officers' lawyers told the B.C. Court of Appeal on Friday as he sought to take that option off the table.

Three of the four officers are asking the province's highest court to prevent inquiry commissioner Thomas Braidwood from making findings of misconduct against them.

They argue that a provincial public inquiry can't make such findings against officers of the national police force, and doing so would amount to alleging criminal conduct.

The Crown decided in December 2008 not to charge any of the Mounties, but Braidwood has sent notices to the officers warning he's considering allegations made at the inquiry that they used excessive force and then tried to cover up what happened.

David Butcher, who represents Const. Bill Bentley, said those are effectively criminal allegations - assault, perjury and obstruction of justice - that are outside the scope of a public inquiry.

"It would seem to me that it would be highly likely that if this particular commissioner made findings of criminal conduct, there would be criminal charges," Butcher told the three-member appeal panel.

Butcher pointed to comments by the B.C. attorney general that the case could be reopened if new evidence arises, although one of the appeal judges questioned Butcher's conclusion.

"That doesn't speak highly of the independence of the Crown, does it?" said Justice Harvey Groberman. "Surely the Crown is expected to approach these matters with an independence that isn't unduly influenced by things like inquiry reports."

Butcher declined to elaborate for the court.

Bentley, Const. Kwesi Millington, Const. Gerry Rundell and Cpl. Benjamin Robinson asked the B.C. Supreme Court earlier this year to prevent the inquiry from findings of misconduct.

Their case was dismissed and three of the officers, with the exception of Robinson, are now appealing.

"The notices suggest that the commissioner is going to assess wrongdoing by measuring the conduct of federal actors against federal standards - something which we say is not constitutionally permissible (by a provincial inquiry)," said Butcher.

The officers' lawyers are also arguing that the notices they received about potential misconduct allegations didn't include enough detail and should be tossed out.

A spokesman for the province's Criminal Justice Branch declined to comment on Butcher's suggestion that prosecutors would act on the inquiry's findings.

Both the branch and the attorney general have said the case could be reopened if prosecutors receive new evidence, but they have been careful not to say whether anything uncovered at the inquiry would fit that criteria. They have also noted that testimony at the inquiry would be inadmissible in court.

Braidwood is expected to issue his final report into Dziekanski's death early next year.

The inquiry is one of several investigations launched in the wake of Dziekanski's death.

The Commission for Public Complaints Against the RCMP will release its own report on Tuesday, evaluating the actions of the officers, the subsequent homicide investigation and any RCMP policies that are relevant to what happened.

There are other cases before the courts, as well.

Dziekanski's mother, Zofia Cisowski of Kamloops, B.C., is suing the RCMP, the airport and the federal and provincial governments; Taser International is challenging findings from an earlier report from Braidwood that concluded the weapons can kill; and one of the officers is suing the CBC for libel.

Mountie’s drunk driving case shifts into total absurdity

December 2, 2009
Gary Mason, Globe and Mail

She could tell you about the pain she deals with – the excruciating reminders of her son Orion's too-short life that she confronts virtually every day. But for now, Judith Hutchinson prefers to keep it to herself.

“Nothing can repair our pain or replace our loss,” Ms. Hutchinson said, speaking for herself and daughter, Daria.

“We can only hope and pray that this case plays out in a way that demands some accountability and brings some justice.”

Yes, this case. This increasingly disturbing case.

Ms. Hutchinson's son died on Oct. 25, 2008. Orion, 21, was driving his motorcycle in the Vancouver suburb of Tsawwassen when he was struck by a vehicle driven by one Monty Robinson. And if the name sounds familiar, it should.

He is RCMP Corporal Benjamin Robinson, the officer in charge during a Mountie takedown of Robert Dziekanski at Vancouver airport in October, 2007, that ended in the Polish immigrant's death.

Cpl. Robinson was off duty when he plowed into Mr. Hutchinson. He blew over the limit when police tested him for alcohol consumption less than two hours after the accident.

Delta police handled the investigation. A matter that is often completed in days when it involves a civilian dragged on for seven months. In June, 2009, the municipal police department recommended charges of impaired and dangerous driving causing death.

But that wasn't the end of it.

The police report was turned over to the criminal justice branch of the Attorney-General's Ministry. And it would be months again before a decision on whether to go ahead with charges was reached. On Tuesday, the Crown decided against charging Cpl. Robinson with impaired driving, but recommended pressing forward with the lesser charge of attempting to obstruct justice.

No reasons were given. No justification for what surely is a head-scratcher given that police felt there was evidence to charge Mr. Robinson with driving while under the influence. Not only that, but the Crown decision also ignored a related judgment made in the Supreme Court of B.C. earlier this year.

Mr. Justice Mark McEwan dismissed a petition by Cpl. Robinson to have the suspension of his driver's licence lifted. (Yes, three days after the accident Mr. Robinson appealed the suspension of his license). The judge looked at all the facts and didn't believe the Mountie's story. Oh, yes, the story. We almost forgot.

Mr. Robinson told police he likely blew over the limit because he left the scene of the accident for 10 minutes to walk his children home. This before police arrived. At home, he said, he downed two shots of vodka. He maintained he had only two beers at a party before the accident.

But the officers at the scene said Mr. Robinson's eyes were bloodshot, pupils dilated and his speech slurred. The judge didn't believe that could have been the result of two shots of vodka 10 minutes earlier. The judge said there wasn't even any evidence that he'd gone home and couldn't imagine him doing so when a young man was dying on the ground.

Obviously, this is a sensitive case because it involves not only an RCMP officer but one at the centre of the Dziekanski case. If the Crown wanted to overturn the recommendations of a police investigation and disregard the observations of a Supreme Court justice it was certainly within its rights to do so. But it also had an obligation to justify itself.

The Crown handles potentially explosive cases all the time. And when it makes a decision on charges, it usually releases an explanatory report. It didn't in this case, saying the matter is before the courts.

This appears to be complete and utter nonsense.

Releasing the report would not have compromised any trial. But it would have meant the Justice Department would have had to reveal why it bought Mr. Robinson's two-shots-of-vodka story when others didn't.

I'm hoping there is another reason the Crown didn't release its full report. One that it can't talk about now.

When this case gets to court, which could take years at the rate it's been travelling, Mr. Robinson could be found guilty of obstruction of justice. The Crown refuses to say what that charge stems from but it usually implies some effort to interfere with or influence an investigation.

A conviction, however, is unlikely to lead to much more than a fine and probation.

As for the accountability and justice that Judith Hutchinson is looking for, at the moment that appears very much in doubt.

Mountie at centre of taser incident charged with obstruction over fatal crash

See also Prosecutors drag feet on whether to charge cop in biker's death - November 18, 2009 - Ian Mulgrew, Vancouver Sun

December 2, 2009
Josh Wingrove, Globe and Mail

Overruling recommendations by a local police force, B.C.'s Ministry of the Attorney-General won't lay impaired-driving charges after a fatal crash last year involving an RCMP officer who was also at the centre of the Robert Dziekanski case.

The ministry's criminal justice branch announced yesterday it will instead lay a single charge of attempting to obstruct justice against RCMP Corporal Benjamin Montgomery (Monty) Robinson.

The charge stems from an Oct. 25, 2008, crash in Tsawwassen, B.C., in which motorcyclist Orion Hutchinson was struck by a Jeep driven by Cpl. Robinson, who was off duty at the time, the ministry said.

After the crash, Cpl. Robinson gave his driver's licence to a witness and left the scene to carry his two children, who were in the Jeep, to the family's nearby home, defence lawyer Reg Harris said in an interview yesterday. Cpl. Robinson has said he'd consumed two beers earlier that night and, once leaving the crash scene, drank two shots of vodka at his home.

"He had volunteered that he had consumed liquor, yes," Mr. Harris said. Cpl. Robinson then returned to the scene of the crash, at which Mr. Hutchinson was pronounced dead.

The collision was investigated by Delta police, who in June recommended the Crown lay charges of impaired driving causing death and dangerous driving causing death against Cpl. Robinson.

But in a statement yesterday, the government said "available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Cpl. Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol, or that he was operating his vehicle in a dangerous manner. ..."

Unlike other provinces where police lay charges directly, British Columbia requires the Crown to approve charges suggested by investigators.

Neil MacKenzie, a spokesman for B.C.'s criminal justice branch, was tight-lipped about what the charge of obstructing justice stems from, saying only that it was due to the "alleged actions" of Cpl. Robinson in the hours after the collision.

"I know it's connected to the motor vehicle accident," Mr. Harris added. Cpl. Robinson will plead not guilty to obstructing justice, the lawyer said.

Mr. Hutchinson's sister and mother issued a statement saying they are "relieved that a decision has finally been made to prosecute the individual who caused Orion's death."

The crash came just over a year after Cpl. Robinson gave the order to fire a taser at Mr. Dziekanski, who died shortly after.

Cpl. Robinson has been suspended with pay since the collision, RCMP Sergeant Tim Shields said. The RCMP's commanding officer in B.C. proposed suspending him without pay, but the force's Ottawa-based chief human resources officer decided against it, Sgt. Shields said.

Cpl. Robinson will remain suspended, pending an internal RCMP code of conduct investigation that will take place once his court case is concluded, Sgt. Shields said.

Prosecutors drag feet on whether to charge cop in biker's death

November 18, 2009
Ian Mulgrew, Vancouver Sun

B.C. prosecutors continue dithering five months after Delta police recommended they charge Cpl. Benjamin Monty Robinson, the most senior Mountie in the Dziekanski Tasering, with killing a motorcyclist a year later while driving drunk.

The criminal justice branch took more than a year to decide not to charge the four officers in the death of Robert Dziekanski at Vancouver Airport Oct. 14, 2007.

Now the branch is taking an inappropriately long time dealing with a horrific Oct. 25, 2008 Tsawwassen accident involving Robinson, the most experienced of the disgraced quartet.

The interminable chronology is a serious indictment of what should be an impartial process. It raises questions about the relationship between prosecutors and the officers they rely on daily in every criminal trial.

Think Stockholm syndrome.

In the high-profile Tsawwassen case, Delta police came under fire for dragging their feet after scheduled court dates were delayed and a decision on charges failed to materialize.

Finally, in June -- eight months after the fatal collision at the intersection of Gilchrist Drive and Sixth Avenue -- they submitted a report to prosecutors recommending Robinson be charged with impaired driving and dangerous driving causing death.

The crash occurred about 10:30 p.m. and Robinson gave breath samples at 11:56 p.m. and 12:16 a.m. that read .12 and .10. The legal limit is .08.

Neil MacKenzie, a spokesman for the criminal justice branch, said in June that the Crown's review should be completed within a month.

The silence since has been deafening.

Following the crash, the motor vehicle branch suspended Robinson's driver's licence for 90 days and he tried unsuccessfully to appeal it.

The brazen Mountie lamely argued in B.C. Supreme Court that an adjudicator didn't properly consider his excuse -- that he left the debris-strewn scene of the collision, had two shots of vodka, and returned. That's why he blew over the limit.

Orion Hutchinson, a 21-year-old recent graduate of BCIT looking forward to a new job, lay dying on the road and Robinson says he went home for quick drink?

Consider that Kurtis Rock, 18, was in the prisoner's dock facing eight charges three days after the Feb. 7 hit-and-run that killed Dr. Aneez Mohammed and Chanelle Morgan near the entrance to Granville Island.

Three days compared to more than a year and counting; one case involving a common citizen, the other a Mountie. Gee, I wonder why people are losing faith in the legal system?

Although the criminal justice branch decided last Dec. 12 not to charge any of the Mounties in connection with Dziekanski's death, 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 Robinson.

There have been calls for the attorney-general to reconsider laying criminal charges against them and the government of Poland is apparently mulling a prosecution.

Inquiry commissioner Thomas Braidwood is writing his final report on the 40-year-old Polish immigrant's death and is expected to deliver it early next year.

But all of that has nothing to do with the death of Hutchinson.

More than a year after a none-too-complicated accident -- almost six months after even the cops said their colleague should be put on trial -- supposedly disinterested prosecutors have been unable to figure out whether to lay charges.

A criminal justice branch spokesman said Tuesday a decision will come soon.

Attorney-General Mike de Jong should be ashamed. Either his prosecutors are incompetent or so overworked they can't get the important jobs done.

There is no reason charges could be laid against Rock but no decision made in Robinson's case for this length of time.

It is a travesty for the family of a young man who died with everything before him and also for a besieged officer who deserves to be either exonerated or convicted and fired.

The RCMP suspended Robinson with pay following Hutchinson's death.

Poland seeks 'significant findings of misconduct' in taser case

October 6, 2009
Ian Bailey, Globe and Mail

Poland’s government wants the Braidwood inquiry to make “significant findings of misconduct” against the four Mounties who tasered Polish immigrant Robert Dziekanski in a 2007 confrontation that led to his death.

Poland’s Vancouver-based lawyer made the request in closing submissions Monday to inquiry head Thomas Braidwood, who is probing the death of Mr. Dziekanski on Oct. 14, 2007.

Don Rosenbloom accused the police of “blatant” wrongdoing, suggesting there was no need to taser Mr. Dziekanski, and that the four Mounties involved cooked their accounts of the incident, which has prompted an enduring debate about the police use of stun guns.

“Mr. Commissioner. It takes a strong nation to have the courage to microscopically examine such deep problems within its institutions, but as painful as the incident might be, society is strengthened by engaging in such proceedings,” Mr. Rosenbloom said as lawyers for at least 14 other parties looked on in the hearing room.

“No nation should pretend it is immune from institutional failure, whether it be the police forces or otherwise. Poland wishes to praise Canada and British Columbia for pursuing such an exhaustive and courageous examination of the incident.”

The praise was echoed in a letter from Piotr Ogrodzinski, Poland’s ambassador to Canada, that Mr. Rosenbloom read to the inquiry. Mr. Ogrodzinski saluted the B.C. government for launching the Braidwood inquiry, and Mr. Braidwood for welcoming Mr. Rosenbloom.

But the ambassador acknowledged disappointment that the Crown decided in December, 2008, not to lay criminal charges against the four Mounties.

There is an instinctive reaction among viewers who have seen the widely viewed bystander’s video of Mr. Dziekanski’s fatal confrontation “that justice must be achieved, responsibility determined and wrong-doers be made accountable through criminal prosecution,” he wrote.

Mr. Rosenbloom was far more blunt than Poland’s top diplomat.

“We are inviting a finding from this commission that absolutely no force was called for in these circumstances. It’s our position that Mr. Dziekanski had been unnecessarily subjected to tasering; the officers showed a callous disregard for his medical condition as he lay dying on the floor and their indifference was neither in conformity with police standards nor basic humanity,” he said.

“We ask that there are significant findings of misconduct in respect to the action of the four officers.”

He added: “There was blatant police wrongdoing at the scene, compounded by the officers untruthful reporting of the incident, both in their police statements and here at the inquiry. Additionally there were misjudgments of senior officers and an unwillingness by the RCMP at the highest level to acknowledge error.”

Lawyers for the four officers will have an opportunity to make their own closing submissions later this week.

Mr. Dziekanski drew the attention of police when he began acting erratically after a long flight from Canada to Poland and an hours-long wait to hook up with his mother, a Kamloops resident waiting to meet him so he could begin a new life in Canada.

When the 40-year-old labourer, who did not speak any English, picked up a stapler in a manner police deemed threatening, he was stunned five times and cuffed. He died of a cardiac arrest that was not officially linked to the taser.

Walter Kosteckyj, a lawyer for Mr. Dziekanski’s mother Zofia Cisowski, said the case needs to be reopened by the B.C. Attorney-General. Mike de Jong has ruled out such action until he has a chance to review Mr. Braidwood’s eventual report.

Report handed to government on the first phase of the Taser Inquiry

June 22, 2009
By THE CANADIAN PRESS

VANCOUVER, B.C. — The final report on the first phase of a public inquiry into Taser use in B.C. has been handed to the provincial government, but it may be some time before the public sees the contents.

This phase of the inquiry by former judge Thomas Braidwood focused on the use of the weapon by police, sheriffs, transit security and other provincially-regulated authorities in British Columbia.

Shawn Robins of the B.C. Attorney General's office says a privacy review has to be conducted on the report and the final decision to release the document will be made by cabinet.

The inquiry was launched in the weeks after Polish immigrant Robert Dziekanski died in October 2007 at Vancouver's airport after being jolted several times by an RCMP Taser.

The second phase of the inquiry was looking specifically into the death, but it fell apart last week when a RCMP e-mail surfaced suggesting the four Mounties involved had discussed using the Taser before arriving at the airport - something the officers denied while testifying.

Braidwood put off the inquiry until September while the contents of the email are investigated.