New Taser rules for BC police

December 15, 2011
The Canadian Press

The B.C. government says it's now implemented all of the recommendations for the police use of Tasers that came out of the inquiry into the death of Robert Dziekanski at Vancouver airport four years ago.

Solicitor General Shirley Bond says she's approved new policing standards for the weapons and the rules will apply to all officers working in B.C., including the RCMP.

The standards flow from the Braidwood Commission, which examined the incident in which Dziekanski died after being struck several times with a Taser during a confrontation with four Mounties at Vancouver airport in 2007.

Braidwood recommended police get better training on Tasers, that the weapons only be used if there's a danger a suspect will cause bodily harm, and that officers be trained in crisis management.

Bond says in addition to implementing all of Braidwood's recommendations, the government is bringing in new standards for video surveillance in police buildings.

These rules follow the death of Ian Bush, who was shot to death during a struggle in the RCMP detachment in Houston, in northwest B.C., in 2005.

An embarrassing anniversary arrives for a broken RCMP complaint system

November 21, 2011
British Columbia Civil Liberties Association

An embarrassing anniversary arrives for a broken RCMP complaint system

November 23 is the second anniversary of B.C.’s Solicitor General filing a complaint with the Commission for Public Complaints Against the RCMP (“CPC”) in relation to the 2003 death of Clayton Alvin Willey. At the time of the complaint, the Solicitor General called the investigation into the details of Willey’s death a matter of “confidence in the RCMP.” Two years later, the investigation by the CPC has not been completed.

The CPC is the same organization recently asked to conduct a multi-year investigation of sexual harassment complaints by female RCMP police and civilian staff.

“Ensuring standards of performance are met on complaints is a concern for all British Columbians. It should be a concern of the RCMP as well,” said Robert Holmes, Q.C., President of the BCCLA. “It is imperative that the Solicitor General ensure that the RCMP and CPC agree to appropriate performance measures if BC is to enter into a new contract. It shouldn’t take two years to respond to complaints. If the CPC and RCMP are going to allow multi-year delays in complaint investigations, they’re effectively thumbing their noses at those they’re supposed to serve.”

Clayton Alvin Willey died shortly after being removed from the Prince George RCMP detachment by ambulance. He had been Tasered multiple times while hog tied, and had been dragged while hog tied from the back of an RCMP SUV and allowed to drop, full weight, on his head and chest, fracturing his skull and ribs. RCMP video showed Mr. Willey being dragged through the RCMP detachment and receiving multiple Taser applications. The 2003 case rose to prominence again in 2009 when the BCCLA and Union of B.C. Indian Chiefs publicly released details contained on an RCMP surveillance video of the death and called for the release of the video.

“Clayton Alvin Willey’s death is a black mark on the record of service of the RCMP in BC,” noted Holmes. “We want timely investigations and prompt accountability for any who failed to live up to the standards the RCMP is supposed to live by. Instead, we are left knowing that another season’s ice is forming on the Ottawa River and that eight years after Mr. Willey died in 2003, we still have no answers from the force or the Complaints Commissioner whose job it is to uphold the public’s trust.”

Independent, civilian office to investigate B.C. police officers accused of wrongdoing

May 17, 2011
The Canadian Press

VICTORIA — RCMP officers in British Columbia accused of serious wrongdoing will have their cases examined by an independent investigations office under legislation tabled Tuesday by the B.C. government.

The new office will be led by a civilian who has never worked as a police officer and will be responsible for investigating serious criminal allegations against officers in municipal forces as well as the RCMP.

"B.C.'s office will investigate a broader range of police-involved incidents than Ontario's model and be more independent than Alberta's, reporting to the attorney general rather than the minister responsible for policing," Solicitor General Shirley Bond told the legislature in introducing the bill.

Bond said the legislation is the fulfillment of the key recommendation from retired judge Thomas Braidwood's report into the October 2007 death of Robert Dziekanski at Vancouver's airport.

Braidwood and RCMP officials were in the legislature's public gallery to witness the tabling of the bill.

Investigators with the Independent Investigation Office will have the same status and powers as police to conduct criminal investigations into death or serious harm or other incidents involving officers.

The office's director will have the ability to appoint a civilian monitor with access to all the information on an investigation and with the ability to raise concerns to the director about the integrity of an investigation, the government said in background information.

Those who work as investigators for the office will be appointed by the office's director. In the early going, ex-police officers can be hired, but they can't have actively worked as a B.C. police officer in the previous five years.

Long-term, the goal is to progress to a fully civilian investigative staff and the Independent Investigation Office will face a review before Jan. 1, 2015, to determine whether it is on the road to meeting that goal.

"It is critical that British Columbians have confidence in our police and that the police are accountable to them," said Premier Christy Clark.

"This legislation is an historic step for policing in B.C. and will strengthen public faith in the dedicated officers who work so hard to keep our families safe."

Introduction of the legislation, which has been anticipated for months, was welcomed by critics who have long complained about police investigating themselves in such incidents.

Robert Holmes, president of the B.C. Civil Liberties, said he was "very pleased" to hear the government was acting on Braidwood's "critically important recommendations."

Officer who fired Taser at Dziekanski to plead not guilty

May 7, 2011
Petti Fong, Toronto Star

VANCOUVER—The RCMP officer who fired the Taser at Polish immigrant Robert Dziekanski at the Vancouver airport will plead not guilty to perjury charges, his lawyer said Saturday.

Nearly four years after the fatal encounter between Dziekanski and four Mounties, perjury charges are recommended against the officers.

An earlier RCMP investigation into the officers’ actions led crown counsel to determine potential criminal charges for manslaughter or assault with a deadly weapon would unlikely lead to a conviction.

But an independent investigation by a special prosecutor appointed by the provincial government late Friday recommended charges of perjury against the four officers.

Ravi Hira, the lawyer for Const. Kwesi Millington, the Mountie who fired the Taser, said the recommended charges were unexpected.

“Naturally my client is disappointed that the special prosecutor is proceeding with the charge,” Hira said Saturday. “He will be pleading not guilty and he will be answering the evidence as it unfolds.”

Special prosecutor Richard Peck concluded following his investigation that pursuing charges related to the physical interaction between Dziekanski and the four officers on Oct. 14, 2007 which led to the Taser being fired would not be successful.

But Peck did recommend charges of perjury against Consts. Millington, Gerry Rundel, Bill Bentley and Cpl. Monty Robinson. The maximum penalty, which is extremely rare, is 14 years for a conviction.

Each of the four officers at the public inquiry testified under oath that they felt physically threatened by Dziekanski, 40, who was unarmed.

In his report of the inquiry’s findings released last year, Commissioner Thomas Braidwood found that the officer who fired the Taser was not justified in using the weapon and all of the officers offered “unbelievable after-the-fact rationalizations.” The officers made “deliberate misrepresentations for the purpose of justifying their action.”

The retired judge also said he disbelieved the officers’ claims that there was no discussion among them about the incident before being questioned by internal homicide investigators within the RCMP.

Braidwood said Dziekanski, who did not speak English, was compliant and did not move toward any of the officers. He concluded the officers did not honestly believe they were being attacked when the decision was made to fire the Taser.

Millington, who now works for an Ontario detachment, testified that the officers had to wrestle Dziekanski to the ground when video showed that he fell after the first shot was fired from the Taser.

The incident was captured on video taken by bystander Paul Pritchard. It showed the RCMP officers had fired the Taser within 30 seconds of first arriving at the scene of a 911 call about a disturbance in the international arrivals area at the airport.

Dziekanski was on his first-ever flight arriving in Vancouver from Poland. His mother Zofia Cisowski was to meet him at the airport. But because of miscommunications, Dziekanski and his mother never found each other and he was left stranded for nearly 10 hours without any assistance.

The RCMP has apologized to Cisowski and given her an undisclosed financial settlement.

In a statement, Cisowski said the RCMP should not have investigated itself.

“It has been a long and painful ordeal over the last three-and-a-half years of delay and misinformation by the RCMP,” Cisowski said. “I hope that justice will finally be achieved in the death of my son.”

Vancouver: Tasering transit cop to face public hearing

November 22, 2010
The Canadian Press

VANCOUVER - The B.C. Office of the Police Complaints Commissioner will hold a public hearing into allegations a Vancouver area transit abused his authority by shocking a passenger with a Taser.

The hearing has not yet been scheduled but the office says it's in the public interest to hold one.

The incident occurred Sept. 13, 2007, when a transit officer tried to write a ticket for a suspected fare cheat who the officer said appeared to be drunk.

The passenger ran away and the officer chased him into a stairwell where he used a conducted energy weapon to jolt the man, who fell and struck his head.

An initial complaint over the incident resulted in differing conclusions, went to a judicial review and eventually back before the commission, which has now ordered a public hearing.

The use of Tasers by police has come under close scrutiny in B.C. since Robert Dziekanski died after being shocked with an RCMP Taser in October 2007.

Use of shock weapons by Metro Vancouver transit police came under scrutiny at the public inquiry into Dziekanski's death and officials from the B.C. Transit Authority Police Service had to be ordered by the B.C. solicitor general to appear at the inquiry.

The inquiry commissioner later recommended the province enact standard rules for forces across B.C. in the use of conducted energy weapons.

BCCLA celebrates the end of police self investigation

June 21, 2010
by British Columbia Civil Liberties Association

The BCCLA celebrated Friday’s announcement by B.C. Provincial Solicitor General Mike De Jong that the Province would end the practice of police investigating themselves by establishing a new civilian investigation body. The announcement came in response to Commissioner Braidwood’s recommendations at the inquiry into the death of Robert Dziekanski.

The BCCLA was the only agency at the Braidwood Taser Inquiry that argued for the end of the police investigating police system, and has advocated for the creation of such an agency for at least the past fifteen years.

“We simply cannot improve on Commissioner Braidwood’s recommendations and we are thrilled that the province will move to implement them in the next year,” said Robert Holmes, President of the B.C. Civil Liberties Association. “We offer our congratulations to the province for taking this historic step, as well as our support and assistance in ensuring that the new body is as robust and independent as Commissioner Braidwood clearly hopes it will be.”

The Braidwood Commission’s recommendation of the establishment of an Independent Investigation Office follows on the Frank Paul Inquiry’s Commissioner William Davies’ recommendation of the same policy reform, the call of the Police Chiefs of British Columbia for this reform and new federal legislation introduced this week that mandates the RCMP to pass investigations of serious matters and police involved deaths to civilian investigation bodies where such bodies exist.

“There is no way to articulate how important this reform is to enhancing public confidence in our police,” said Holmes. “The implementation of Commissioner Braidwood’s recommendations will make B.C. a national leader in police accountability. B.C. residents have demanded it, and our province is delivering.” The BCCLA has sent a letter to the Province congratulating the Solicitor General for this initiative.

For immediate release

British Columbia Civil Liberties Association
June 21, 2010

MEDIA CONTACTS:
Robert Holmes, President, 604-681-1310
David Eby, Executive Director, 778-865-7997

British Columbia's coroner system questioned by forensic pathologist

May 6, 2010
By Carlito Pablo, The Georgia Straight

Forensic pathologist John Butt wants B.C. to introduce a medical examiner system; currently, the chief coroner isn’t required to have a medical background.
A renowned forensic pathologist says B.C. should change its system for investigating sudden deaths.

John Butt is recommending a shift from the current coroner setup to a medical examiner system, which is used in a number of other provinces, namely Alberta, Manitoba, Nova Scotia, and Newfoundland and Labrador.

“In the investigation of sudden death, there are five questions that have to be answered,” Butt explained to the Georgia Straight in a phone interview. “The question that carries the greatest responsibility and is commonest and costs the most money is the question ‘Why?’, which is the medical cause of death.”

Butt is a former chief medical examiner for Alberta and Nova Scotia. He now works in Vancouver as a private consultant in forensic medicine, and specializes in providing expert testimony.

B.C.’s Coroners Act doesn’t require the chief coroner to have a medical background. For almost 30 years, between 1981 and 2010, the post was held by ex–police officers. Robert Galbraith was followed by Vincent Cain; Larry Campbell, who later became Vancouver mayor and is now a Liberal senator; and Terry Smith.

On April 1, Diane Rothon took over the B.C. Coroners Service, becoming the second physician to head the death investigation agency since the province’s first chief coroner, William McArthur, who held the position from 1979 to 1981.

Although Butt is pleased that the new chief coroner is a doctor, he suggested that the province consider introducing a medical examiner system.

“The medical examiner system is led, governed by an expert in forensic pathology,” he said. “That means that they have to be a forensic pathologist, not just a doctor. Just like the operating room is the tool of the surgeon, the tool of the forensic pathologist is the autopsy.”

Butt pointed out that the B.C. Coroners Service doesn’t have forensic medical expertise. As such, it contracts out autopsies to hospitals.

The Ministry of Public Safety and Solicitor General didn’t make Rothon or any other official available for comment. However, in a statement e-mailed to the Straight, a ministry spokesperson asserted that there is no compelling reason to switch to a medical examiner system.

Like Canada, the U.S. employs a mix of coroner and medical examiner models in different jurisdictions. However, a report released last year by the National Academy of Sciences, a Washington, D.C.–based private advisory body, recommended Congress earmark funds to set up “medical examiner systems, with the goal of replacing and eventually eliminating existing coroner systems”.

The report cited the need for unbiased death investigations in sensitive cases like police shootings and those occurring in jails, as one of the reasons for having a medical examiner. “The medical examiner is first and foremost a physician, whose education, training, and experience is in the application of the body of medicine to situations that have a legal dimension that must be answered by a practitioner of medicine,” the document states.

For many years in B.C., deaths in police custody were automatically subject to coroners’ inquests. However, in March of this year, the provincial government passed legislation giving the chief coroner the discretion to waive inquests in these cases, a move that civil-liberties advocates like lawyer Cameron Ward argue will weaken police accountability.

How this new legislation will be implemented is one of the issues the B.C. Civil Liberties Association intends to raise with Rothon in a meeting scheduled for June 1, BCCLA executive director David Eby told the Straight.

Taser can challenge B.C. inquiry report

May 3, 2010
The Canadian Press

Taser International can proceed with its legal challenge of a British Columbia public inquiry report that was prompted by the death of Robert Dziekanski, a B.C. Supreme Court judge ruled Monday.

The B.C. government wanted the challenge dismissed. But Judge Robert Sewell found the attorney general failed to prove that the Arizona-based company's petition asking the court to throw out the report and all of its recommendations would surely fail or that it had no right to judicial review.

"In this case, it seems to me that the report and recommendations of the study commission could have important commercial implications for the petitioner," the judge wrote, noting that he was not saying that it does or does not — just that it could.

Taser, which makes stun guns, launched a legal challenge last year after commissioner Thomas Braidwood released a report concluding that shock weapons pose a risk of serious injury or death. Braidwood set out recommendations for their use, including a caution against multiple stuns.

The report followed the first phase of a public inquiry prompted by Dziekanski's 2007 death.

Sewell noted Taser's allegations — that the report findings are not based on the evidence presented — have not been tested in court.

His ruling means they will be, with a court hearing expected in July.

But the judge also rapped Taser for "unnecessary, scandalous and vexatious" allegations of bias against inquiry commission lawyer Art Vertlieb and Dr. Keith Chambers, a physician who helped the commissioner interpret much of the medical information submitted as evidence.

Sewell called the allegations against the two men "an abuse of process" and dismissed the company's petition for a declaration against them.

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

Taser has a history of aggressive legal action to defend its products and last year boasted that it had won its 100th dismissal of a liability lawsuit.

A lawyer for the company, David Neave, simply said the challenge will continue.

"We'll be proceeding with respect to the hearing on the report itself in July, and we'll see what the court has to say," Neave said in an interview.

"Taser does not believe that the basic Canadian principles of fairness were followed with respect to the manner in which the conclusions were arrived at in the report."

Both the B.C. Solicitor General and the RCMP endorsed the inquiry recommendations, which have already been implemented in the province.

The public inquiry was prompted by Dziekanski's death in October 2007 after a confrontation with RCMP.

Police were summoned after an agitated Dziekanski began throwing furniture around. He was then jolted several times with a stun gun.

The would-be migrant from Poland died on the floor of the airport in front of stunned witnesses.

The first phase of the inquiry looked at the use of shock weapons in general by law enforcement agencies in B.C.

The second phase of the inquiry, which wrapped up last fall, looked specifically into Dziekanski's death. The report from that phase hasn't been released but is expected to be out by this summer.

Taser International challenge should be dismissed, B.C. government argues

April 12, 2010
The Canadian Press/Globe and Mail

The company that manufactures Tasers has no more right to dictate regulations for their use than cigarette makers do over second-hand smoke regulations, says the B.C. government.

But Craig Jones, a lawyer for the province, told a B.C. Supreme Court justice Monday that if the company is successful with its application to quash the findings of a public inquiry, it would be akin to giving Taser International that power.

The province is asking the court to toss Taser's court action against a report prompted by the death of Robert Dziekanski at Vancouver's airport.

The report released last year after the first phase of the inquiry by former judge Thomas Braidwood found that shock weapons pose a risk of serious injury or death.

It set out recommendations for their use and cautioned against multiple stuns. Both the B.C. Solicitor General and the RCMP endorsed the recommendations.

But the Arizona-based weapons manufacturer alleges bias and even dishonesty on the part of some witnesses led to that conclusion.

Mr. Jones told Justice Robert Sewell that under the law, the commissioner was not allowed to make findings of misconduct in that first phase of what is a two-phase inquiry. The first phase looked at Taser use in general by law enforcement agencies in British Columbia, while the second examined Dziekanski October 2007 death specifically.

Because the commissioner did not make any finding of misconduct, the manufacturer has no right to the court action, he said.

“Taser's assertion of harm to its reputation remains without any evidence whatsoever,” Mr. Jones said.

Mr. Jones said the company's main complaint is that it disagrees with the findings.

“It continues to dispute that there is a risk — however small — associated with Taser use,” he said.

Mr. Dziekanski died in October 2007, during a confrontation with RCMP.

Police had been summoned after an agitated Mr. Dziekanski began throwing furniture around, and within seconds of the four officers' arrival, he had been jolted several times with a Taser.

The would-be migrant from Poland died on the floor of the airport.

David Neave, the lawyer for Taser, said the commission findings clearly affect the reputation and commercial interests of Taser. The company had the right to reply before the findings were released but was not given the chance, he said. “There was a high degree of procedural fairness owed to Taser in the circumstances,” Mr. Neave told the court. “There's simply no doubt this commission is exclusively focused on my client and the safety and efficacy of the Taser.”

Taser CEO Rick Smith did testify in front of the commission but the company was given no opportunity to react to the report's findings. “The right to procedural fairness was breached,” Mr. Neave said.

But the province said a successful court challenge by Taser would undermine the regulations the government routinely puts in place on product use, citing Health Canada regulations to limit second-hand smoke in the work place.

“Could the tobacco companies who disagree with the government about the risks of second-hand smoke really have the right of (a stay) with respect to Health Canada studies?” Mr. Jones asked.

He said there would be no end to court applications by manufacturers if that were allowed.

He called Taser's application to have the findings quashed both “offensive and abusive.”

The company's allegation of dishonesty focuses on Dr. Keith Chambers, a physician who helped the commissioner interpret much of the medical information submitted as evidence. Chambers' lawyer, John Hunter, told the court that the company's application is “pure intimidation” and an attempt by Taser to silence to anyone willing to stand up to them.

Taser has a history of aggressive legal action in defending its products and last year boasted that it had won it's 100th dismissal of a liability lawsuit.

The report from the second phase of the inquiry hasn't been released, but is expected to be out by this summer.

BC Civil liberties association pans plan to eliminate some coroner's inquestsCivil liberties association pans plan to eliminate some coroner's inques

April 2, 2010
Vancouver Sun

A plan to eliminate mandatory coroner's inquests for some in-custody and police-involved deaths was criticized by the British Columbia Civil Liberties Association Wednesday.

A press release by the association said mandatory inquests ensure some accountability by the police and are especially important given that "public confidence is at a low because of Mr. Dzekanski's death and other high-profile cases."

Robert Dziekanski died in October, 2007 after being hit by a Taser repeatedly by RCMP at the Vancouver airport.

The BCCLA sent a letter to B.C. Solicitor-General Kash Heed, asking that he withdraw the proposed amendment to the Coroners Act that would eliminate the requirement for some in-custody and police-involved inquests. "Government should make inquests full, fair and open proceedings, not shut them down before they get underway," said BCCLA president Robert Holmes in a press release.

The BCCLA would prefer government make changes to the Coroners Act, such as requiring B.C.'s chief coroner to be a medical professional.

Victoria Police Department's use of tasers dropped 85% after Robert Dziekanski's 2007 death

March 10, 2010
The Canadian Press

VICTORIA, B.C. — The Victoria police department announced Wednesday that two of its officers face criminal assault charges, the same day an audit of the department recommended a review of use of force incidents.

The audit, released Wednesday and written by the provincial Police Services Division, found 13 officers out of about 260 were responsible for one-third of all the department's use-of-force reports.

"Overall, the use of force review reveals that the Victoria Police Department is a well-functioning department with appropriately trained and generally highly motivated individuals who take considerable pride in their job and the work they do for the community," said the review, requested by the solicitor general in January 2009.

It said there were no major areas of concern identified, but the authors did note "one key item of concern."

"It may be that these offices are conscientious about reporting any type of physical interaction or that these officers work in particularly challenging environments," said the audit, dated March 4.

"However, the audit team recommends that the department proactively identify the officers that generate a higher proportion of use of force reports and review these incidents to ensure that the high frequency of use of force is not highlighting any training or management issue that needs to be addressed."

Details of the assault charges against the two officers have not yet been released.

Despite the latest case of Victoria officers facing charges, the audit report, based on data from 2007 and 2008, said the department did not have a pattern of public complaints out of the ordinary compared to other B.C. police departments.

However, the report did find that Victoria police officers were more likely to use Tasers than pepper spray to subdue suspects - in 51 per cent of incidents involving intermediate weapons compared to 40 per cent for spray.

But it notes that things changed after Robert Dziekanski died in Vancouver's airport after he was shocked by an RCMP Taser. "It appears there was a strong effect in the aftermath of the death of Robert Dziekanski," noted the report. The use of force decreased 10 per cent after Dziekanski's October 2007 death, and the use of Tasers dropped 85 per cent.

The authors made dozens of recommendations, for both administration and the use of force, including that the department enact policies for ensuring all weapons are maintained in good working order, annual requalification for intermediate weapons such as Tasers, and that all use of force incidents be reviewed.

The report noted that the Victoria police department has hired a new chief of police, Jamie Graham, since the audit was ordered and the Police Services Division "observed improvement in various aspects of the department as a result."

Former solicitor general John van Dongen ordered the audit after the mayor of Esquimalt, which neighbours Victoria, raised concerns about the level of police service the community received after amalgamating with the Victoria department.

The Victoria department has faced several high-profile controversies in recent years, including a lawsuit by a 15-year-old girl who was left leashed to a cell door in the department's drunk tank for hours and charges against a veteran officer.

B.C. police complaints commissioner to review transit police Taser incident

See also: WWW.EXCITED-DELIRIUM.COM

March 6, 2010
Frank Luba, The Province

Since voluntarily changing the rules in 2008 around when Tasers are used, the transit police have used the conducted energy weapon just once.

The transit police had used Tasers a total of 10 times in 2007 and 2008, which resulted in a complaint from the B.C. Civil Liberties Association to the Office of the Police Complaints Commissioner.

The transit police said Friday they have been exonerated in their use of the weapon in nine of the 10 instances, with the disciplinary authority asking for a review of the 10th incident.

The police also released a DVD of videos of the incidents taken by cameras on the Tasers or by cameras in the station where the incidents took place.

The BCCLA was surprised to hear about the exoneration of the police because the group hasn’t seen the decision.

Insp. David Hansen of the transit police said the police complaints commissioner’s report is still not complete but that the force intends to discuss it with the civil liberties group after the investigation is finished.

BCCLA executive director David Eby still wants improvements around the use of Tasers.

“There needs to be a [consistent] policy around when it’s used and how it’s reported,” said Eby.

He conceded the situation has improved, particularly after provincial Solicitor-General Kash Heed directed police, sheriffs and corrections officers in July to severely restrict the use of Tasers.

“It’s a much better situation than it was when transit police were Tasering people for fare evasion,” said Eby.

Heed was not available for comment Friday but a ministry source said the province is working with the federal government as part of ongoing negotiations to incorporate the Braidwood Commission’s recommendations about Tasers into RCMP policy and standards.

The transit police’s use of the Taser plunged after the force voluntarily changed the guidelines for using the weapon from suspects being “non-compliant” to “actively resistant.”

So instead of Tasering someone because they were fleeing after being asked for their ticket, as had happened previously, the last time transit police used the Taser was on an actively resistant suspect armed with a butcher knife.

The subject was later convicted of assaulting a transit police officer.

Despite the reduction, Hansen wouldn’t drop the weapon from his force’s armoury.

“It’s a valuable tool,” he said. “To us, it’s something we need. It’s another step. It’s a less-than-lethal option. I still feel there’s a need even though there’s only been one incident [since the guidelines changed].”

The complaints commissioner’s office did not respond to a request for an interview on Friday.

Powerful police lobby likes cops investigating cops

January 29, 2010
Allen Garr, Vancouver Courier

Dr. John Butt was clearly annoyed. Butt is Alberta's former chief coroner and the former chief medical officer for Nova Scotia. At the moment of his annoyance, Butt was taking part in a panel discussion last week on deaths that have occurred while people were in police custody. The object of his annoyance was B.C. Solicitor General Kash Heed.

In an audience made up of senior members of the RCMP, the Office of Police Complaint Commissioner, aboriginal leaders and advocates on the issue of in-custody deaths, neither Heed nor anyone from his office, which is responsible for policing, turned up.

The sponsor of the panel discussion was the B.C. Civil Liberties Association. The location was the VanCity Theatre.

Butt was joined on stage by three other panelists: the chair of the panel Dr. David MacAlister with Simon Fraser University's department of criminology; expert in police accountability and in-custody deaths, lawyer Cameron Ward; and filmmaker Leonard Cunningham, an expert in aboriginal in-custody deaths.

Behind them was a floor-to-ceiling projection on the theatre's screen, a mosaic of now familiar faces, some of the more prominent members of that tragic fraternity who have died in police custody: Frank Paul, Robert Knipstrom, Kevin St. Arnault, Clayton Willy, Ian Bush and Robert Dziekanski.

Sitting in the front row and bearing witness were the mothers of St. Arnault and Bush.

In-custody deaths are no small matter. Over the past several years in B.C. we have averaged two per month.

For those of you who have followed this debate, you will know it always gets down to the same point. There can be no confidence in a system where police investigate themselves. The RCMP, more than any other police force, has been battered repeatedly in recent years over the incredulous conclusions their own investigations into these matters have produced.

Ward, who has represented a dozen families who have suffered in-custody deaths, told the audience that we can't trust police nor can we trust the crown prosecutors who regularly work with police.

"The solution is really simple," Ward pointed out. "We have to have a body of independent civilian investigators respond immediately."

This is happening in Ontario. Ward also wants independent lawyers deciding if charges should be laid.

One point of clarification: What Ward is proposing should not be confused with what Heed and the Liberals in B.C. are promoting in their new police act, a beefed-up version of "civilian oversight." They draw support for that position from a report they commissioned from former B.C. Court of Appeals Justice Josiah Wood. But it still means police investigate themselves, albeit with a civilian occasionally looking over their shoulders. Wood came to this recommendation even though he found at least one in five police investigations seriously flawed.

There has, in fact, been a seismic shift in RCMP thinking in the past few months thanks largely to the beating they've been taking from the public and the media. Assistant RCMP Commissioner Alastair MacIntyre confirmed that in comments he made before the panel discussion began. The Mounties will accept what ever the government decides, including independent civilian investigation.

If you are wondering why Heed and his government aren't leaping at this, particularly given that they are in the midst of re-negotiating the province's contract with the RCMP, MacAlister offered this opinion, one shared by his fellow panelists.

We are captives in this province of a "very powerful police lobby" which likes things the way they are. Ex-cop Kash Heed is aware of that just as his predecessor, ex-cop Rich Coleman, was.

While that persists, nothing will change the shameful incidents of in-custody deaths.

Question of 'police investigating police' discussed in Vancouver conference

VANCOUVER (NEWS1130) - Investigations into police conduct is being debated this morning in Vancouver, as the province moves away from the practice of 'police investigating police'. The question many people ask is: Can police be trusted to investigate themselves in serious incidents? And money could be a factor in what kind of investigative system B.C. adopts.

B.C. Solicitor General Kash Heed says he wants investigations into claims of police wrong-doing to be accountable, transparent and effective. "That is why were are here today, to bring all interested parties together, to discuss ideas and solutions." Ontario's civilian-supervised Special Investigations Unit has a mix of civilian, ex-police and police investigators. In England, all complaints about police are handled by an all-civilian organization.

Today's conference at SFU's downtown campus is bringing together criminologists, and heads of police investigation organizations outside B.C. SFU criminologist David McAllister says one drawback to purely civilian is that they are much more expensive to run, than organizations combining police and civilians. For instance, England's all-civilian organization costs approximately 35 million pounds to run.

Heed was asked if cost will be a determining factor. "Well, we're always cognizant of costs and will continue to be cognizant of costs, but at the end of the day, I'm working on the principle of the most accountable and transparent police service in British Columbia." Heed also set no deadline for his decision on when B.C.'s eventual police complaints commission will be brought into force. He says things like the Braidwood Taser Inquiry have to wrap up before he makes any conclusions.

RCMP Complaints Commission Launches Probe into Clay Willey Death

November 24, 2009
By 250 News BC

Ottawa, Ont. – Acting on a request by the Solicitor General of British Columbia, the Commission for Public Complaints Against the RCMP (CPC) is expanding its Chair-initiated complaint and public interest investigation into all Taser-related in-custody deaths and to look specifically into the circumstances surrounding the death of Mr. Clay Alvin Willey in Prince George, B.C.on July 22, 2003.

CPC Chair Paul E. Kennedy initiated a public complaint on 15 January, 2009 into all incidents where individuals in the custody of the RCMP died following the use of a conducted energy weapon (CEW), which incidents have taken place anywhere in Canada between January 1, 2001 and January 1, 2009.

The arrest and subsequent death of Mr. Clay Alvin Willey in Prince George, is one of the incidents referred to in the complaint.

Mr. Willey's death was the subject of a Coroner's inquest conducted by the British Columbia Coroner's Service in October 2004. One of the pieces of evidence considered at the Coroner's inquest was a compilation of video footage from a number of security cameras located throughout the Prince George RCMP Detachment.

The Solicitor General of British Columbia has on behalf of the residents of British Columbia, raised concerns directly with the CPC regarding this incident and in particular with respect to the integrity of the video evidence relating to the arrest and detention of Mr. Willey. In correspondence to the CPC, the Solicitor General commented that members of the media have "raised concerns with the in-custody treatment of Mr. Willey and have expressed concern that the video in question has not been released to the public. Allegations have also been made in the media that further video evidence exists beyond that contained in the compilation video." Consequently, the Solicitor General requested that the CPC "review the circumstances surrounding the death of Mr. Willey so that British Columbians can have continued confidence in the RCMP."

The original complaint was initiated to examine:

•whether the RCMP officers involved in the aforementioned events, from the moment of initial contact with the individual until the time of each individual's death, complied with all appropriate training, policies, procedures, guidelines and statutory requirements relating to the use of force; and
•whether existing RCMP policies, procedures and guidelines applicable to such incidents are adequate.

Specific to Mr. Willey's death, the CPC will now also examine:

•whether the RCMP members involved in the investigation of Mr. Willey's arrest and subsequent death conducted an investigation that was adequate, and free of actual or perceived conflict of interest; and
•whether any other video evidence (other than the compilation video referred to above) exists and whether any RCMP member concealed, tampered with or otherwise inappropriately modified in any way, any evidence, in particular any video evidence, relating to the arrest of Mr. Willey.

The CPC has retained the services of a former chief of police from a large Ontario municipality to conduct this public interest investigation.

New warnings from taser manufacturer

October 8, 2009
CTV BC
With files from CTV British Columbia’s Peter Grainger

The manufacturer of Taser guns has posted a new training bulletin on its website recommending that officers avoid aiming at the chests of suspects.

The bulletin says it is not possible to predict or test whether Tasers do or don’t affect the human heart.

“In order to increase the safety margin and since field experience shows that (Taser) discharges are effective when deployed to the large muscles of the back, abdomen, legs and pelvic triangle, users should aim for the back or (when practical) toward the mid lower abdomen and avoid intentionally targeting the chest area,” the bulletin states.

The lawyer representing the family of Robert Dziekanski, who died after being hit in the chest by a Taser at Vancouver International Airport and whose death spurred a public inquiry, said the warning comes too little, too late.

“The inquiry in the first phase did find that there could be direct capture of the heart, as a result of the use of the Taser. That is something that has always been denied,” said Walter Kostecky.

M-P and B-C's former Attorney General Ujjal Dosanjh agrees this is an overdue but welcomed development, “Now Taser by implication is admitting that it causes death, that it is a very serious weapon and that it should be used under more strict guidelines.”

Police in Vancouver say they have already notified their officers about the warning.

There is no word yet from B.C.’s solicitor general or the RCMP on whether this will become a province-wide policy.

Meanwhile, Dziekanski's mother filed a lawsuit Wednesday alleging excessive force and "cruel and unusual" treatment by the four RCMP officers who stunned her son with a Taser.

Zofia Cisowski is suing the four officers, the Canadian and British Columbia governments, and the Vancouver airport, where Dziekanski collapsed and died after being stunned by Mounties in October 2007.

The lawsuit alleges everyone involved failed Dziekanski in some way.

"Mr. Dziekanski died as a result of injuries he sustained in the assault and physical restraint by the RCMP members," says the statement of claim filed in B.C. Supreme Court on Wednesday.

It claims the four RCMP officers had no reasonable grounds to detain Dziekanski or stun him multiple times with a Taser after being summoned to the airport to deal with an agitated Dzieksanki.

Cisowksi's lawsuit also alleges that RCMP failed to notify of her son's death -- that was left to an airport employee when she returned to the airport to find him -- and then "knowingly misrepresented her son's conduct and the cause of his death."

In the statement of claim, she says she it wasn't until she saw a witness' video of the confrontation her son had with the four RCMP officers that she realized how he had died. Cisowski says she saw the video prior to it being released to the media.

The lawsuit alleges the airport and federal border officers also failed Dziekanski, by not providing translation services or adequately helping Dziekanski, either when he was making his way through customs or after he began throwing furniture in a public area.

These officials also failed to provide Cisowski any "meaningful" assistance, and she left the airport while her son was still waiting inside the customs area.

A Justice Department lawyer confirmed that the federal ministry has been served but no statement of defence has been filed and the department declined to comment Thursday.

Proposed civilian unit to look into police not all it seems

October 6, 2009
Gary Mason, Globe and Mail

It sounded so promising.

The RCMP and chiefs of municipal police forces in British Columbia holding a joint news conference to call for the unthinkable: an independent, civilian-run unit to investigate police-involved deaths and other serious allegations against officers.

A year ago they were all against it.

Finally, they seemed to be acknowledging what a growing number of observers had been saying in recent years: The public no longer trusted police to investigate themselves.

It was time to hand over probes of these often sensitive and highly charged cases to a neutral, civilian task force.

Except that's not what the Mounties and police chiefs are calling for.

Under their proposal, police officers would continue to do the investigating of any police-involved death.

The difference would be, they would then hand over their findings to a civilian authority, instead of to their bosses.

Sorry, but that doesn't cut it.

The public's misgivings result from the many reports of instances where police, willfully or otherwise, carried out wholly deficient investigations of fellow officers.

By the time many of the problems with these investigations surfaced, it was too late to do much about it.

The crime scene had long since been contaminated. Witnesses were dead. And the officers involved had time to construct a story that jibed with the evidence at hand.

I'm not saying this happens all the time.

But it's happened enough that it's created the massive distrust of police-led investigations into police that exists today.

Even some senior police officers recognize this.

To that point, it was beyond ironic that at the inquiry into the death of Polish immigrant Robert Dziekanski this week, the superintendent in charge of the RCMP investigation into the matter stunned the courtroom by admitting the Mounties should not be investigating themselves.

"We're not good at it ... we shouldn't be doing this," Superintendent Wayne Rideout said.

No kidding. And the Dziekanski case is a prime example of that.

The four officers involved gave initial statements to investigators that were completely contradicted by video evidence from the scene that surfaced shortly after. Yet the officers were never asked to explain or account for the discrepancies. E-mails vanished. Seniors officers gave conflicting accounts of internal discussions about what happened.

It was a complete farce.

In B.C., there is a long list of cases - from Ian Bush to Kevin St. Arnaud, both shot and killed by RCMP officers under questionable circumstances - where police investigations raised more questions than answers.

I think the joint RCMP-police chiefs proposal is a pre-emptive strike. I think the two groups know what's coming and they're trying to cut that off at the pass. And what's coming, hopefully, is a full-fledged, independent investigative unit, made up of trained civilians. It would be similar to Ontario's Special Investigations Unit and the Independent Investigation Unit being set up in Manitoba, and arms-length investigative forces sprouting up around the world.

Having said that, a chat yesterday with Kash Heed, B.C.'s Minister of Public Safety and Solicitor-General, didn't fill me with confidence that a bold move on this front is going to happen any time soon.

Mr. Heed sounded every bit the politician when I asked him his view on this subject. He kept repeating: All I want is the most accountable, transparent and effective policing in Canada. But he wouldn't say where he stood on civilian oversight.

A recently retired police chief himself, Mr. Heed said he didn't want to prejudge anything Thomas Braidwood, the head of the Dziekanski, has to say on the subject. Sounds like someone trying to buy himself some time.

I will be shocked if Mr. Braidwood, a former judge whose handling of the inquiry has been nothing short of brilliant, doesn't recommend that police get out of the business of investigating themselves. And as soon as possible. He has seen up close why it shouldn't happen and his final report in Mr. Dziekanski's death will be a scathing indictment of one of those investigations.

The B.C. government already has a report in its hands that recommends independent civilian oversight. It comes from former Supreme Court justice William Davies, who recently looked into the death of homeless alcoholic Frank Paul, who died in December, 1988, after being dumped in an alley by Vancouver police.

Mr. Davies said police should stop investigating themselves because there is an inherent conflict of interest when they do. Paul Kennedy, head of the federal Commission for Public Complaints Against the RCMP, has recently come to the same conclusion.

If Mr. Braidwood ultimately adds his name to that list, the B.C. government will have no choice but to accept his recommendation. To do otherwise would provoke a public outcry the B.C. government can ill afford.

Police Act amendments give more power to police complaint commissioner

September 18, 2009
The Canadian Press

VICTORIA, B.C. — B.C.'s police complaint commissioner is getting more power to oversee investigations against municipal police officers.

Solicitor General Kash Heed says amendments to the Police Act will allow the complaint commissioner to get involved in real-time investigations of officers, as opposed to just reviewing the final results.

"The amendments to the Police Act are for us to move forward and create greater accountability in British Columbia to ensure that we have proper civilian oversight for our police here in British Columbia," Heed, a former West Vancouver Police chief, said Thursday.

The Police Act amendments were introduced earlier this year but the legislature adjourned before any changes were adopted.

The amendments ensure that officers under investigation who retire or resign will still be subject to the police complaint process. Former Victoria police chief Paul Battershill resigned in August 2008, days before he was to face a disciplinary hearing due to complaints of favouritism.

The amendments force officers to report any information uncovered during an investigation that relates to possible misconduct to the police complaint commissioner.

The commissioner will be authorized to order an investigation even if a complaint is withdrawn and will decide if a complaint warrants investigation from an internal or external force.

The commissioner, however, will not have the power to conduct independent investigations solely through the commissioner's office.

Heed said the Police Act amendments are simply a start and if further changes - like independent investigations - are required, they will be looked at.

"If it's not working, if it's not meeting our needs, if it's not creating more accountable policing here in British Columbia, I will look at furthering the process," he said.

That decision was met with disappointment by the B.C. Civil Liberties Association.

"This tinkering with a broken system doesn't deal with the dysfunction at the core," said Jason Gratl, the association's vice-president.

Gratl said police investigations into the deaths of Frank Paul in a Vancouver alley and Robert Dziekanski at Vancouver airport have represented the end of the public's tolerance for police investigating police.

Paul was left in the alley by an officer after being removed from the police drunk tank. Dziekanski died after being repeatedly stunned by an RCMP taser.

"There's only one person who appears to have any confidence left that the police can investigate themselves in B.C. and that's our solicitor general," Gratl said.

Heed said the amendments also allow the B.C. police complaints commissioner to work with the federal government and RCMP to harmonize the federal public complaints process with the new B.C. Police Act.

The RCMP polices about three-quarters of the province, with municipal officers covering the rest of B.C.

Heed said he has sent a letter to Public Safety Minister Peter Van Loan asking for changes that would allow B.C. Mounties to be covered under the province's Police Act, despite the fact they are part of a federal force.

"We feel in order to eliminate any confusion here in British Columbia for the public that we have either a harmonized process or a unified process to ensure that oversight and accountability," he said.

Heed said the matter will be an important one as the province tries to negotiate a new contract with the RCMP by 2012.

Taser testing

September 7, 2009
Peter Grainger, CTV

A SMALL ELECTRONICS FIRM IN RICHMOND HAS COME UP WITH A QUICK -- EASY -- AND ECONOMICAL WAY FOR POLICE TO TEST THEIR TASERS -- SOMETHING THE B-C GOVERNMENT HAS PROMISED WOULD HAPPEN. BUT AS PETER GRAINGER REPORTS -- TESTING THE ELECTRICAL OUTPUT OF TASERS MAY NOT GO FAR ENOUGH TO INSURE THEIR SAFETY.

"We're tentatively calling it the 'Taser Test '..."

"The Taser Test ?"

IT DOESN'T LOOK LIKE MUCH, BUT WHEN DATREND SYSTEMS IS FINISHED-- THIS WILL BE THE GUTS OF A DEVICE WHICH THEY SAY WILL ACCURATELY TELL IF A TASER IS DELIVERING TOO LITTLE OR TOO MUCH ELECTRICAL CURRENT.

"The taser would be coming in here. To these large connectors..”.

MARK MILLER
Electrical Engineer, Datrend Systems

"One of our main thrusts is to make it very simple, easy, small, so that police services themselves can do the required tests."

UP UNTIL NOW-- THERE HAS BEEN NO TESTING DEVICE IN ANY POLICE DETACHMENT IN CANADA.

Grainger: "Is this a taser wave form?"

Miller: "A simulated waveform-- yes."

WHAT LITTLE TESTING HAS BEEN DONE HAS BEEN COSTLY & TIME-CONSUMING, AS TASERS HAVE HAD TO BE SENT AWAY TO A HANDFUL OF LABS.

"They're tested by having two shots in a lab..."

TWO FORMER BC SOLICITOR GENERALS -- HAVE SAID THEY WANT TO SEE REGULAR CHECKS -- ESPECIALLY SINCE 80-PERCENT OF THE BC TASERS TESTED SO FAR HAVE FAILED.

(Rich Coleman/June 1, 2009)

"When we tested the first batch-- I didn't like the numbers -- I said pull em all..."

IN JUNE, THAT RESULTED IN ALL OLDER M-26 MODELS BEING SHELVED, COAST-TO-COAST.

(Braidwood Inquiry/July 23, 2009)

"This report makes 19 recommendations..."

THEN IN JULY, THE BRAIDWOOD INQUIRY RECOMMENDED REGULAR TESTING...

"Conducted energy weapons should be periodically tested..."

...TO ENSURE TASERS MEET THE MANUFACTURER'S SPECIFICATIONS.

RON EVANS
President, Datrend Systems

"The specifications are essentially what the manufacturer says the device will do. Whether those specifications are physiologically correct is another question."

CORRECT? OR SAFE?

DAVID EBY

"So yes, it's within Taser International's specifications, but so what?"

BC CIVIL LIBERTIES SAYS TESTING TASERS IS A WASTE OF TIME, IF THE COMPANY SPECS HAVEN'T BEEN VERIFIED FIRST-- USING RECOGNIZED ELECTRICAL SAFETY STANDARDS-- LIKE THOSE SET BY THE C-S-A-- THE CANADIAN STANDARDS ASSOCIATION.

"This really shows how Taser International and their devices managed to skip entire approval processes, testing processes, CSA approval..."

NO ONE IN GOVERNMENT HAS CHALLENGED THE MANUFACTURER OR THE POLICE WITH THE LACK OF CSA APPROVAL-- BUT DATRENDS SYSTEMS SAYS NEXT YEAR, WHEN THEY MAKE THEIR TASER TESTER AVAILABLE TO POLICE, AT LEAST THEIR PRODUCT WILL BE CSA APPROVED.

PETER GRAINGER CTV NEWS RICHMOND

CTV NEWS INFORMED THE B-C MINISTRY OF PUBLIC SAFETY AND THE SOLICITOR-GENERAL ABOUT THE TASER-TESTER THAT DAY - TREND SYSTEMS IS DEVELOPING.

IN A STATEMENT -- THE MINISTRY RESPONDED SAYING "IT IS ENCOURAGING THAT THEY ARE WORKING ON AN OPTION THAT MAY ALLOW FOR MORE EFFICIENT AND COST-EFFECTIVE LOCAL TASER TESTING. HOWEVER AT THIS POINT -- WE ARE NOT IN A POSITION TO SPECULATE ON HOW THEIR TECHNOLOGY ALIGNS WITH INTERNATIONAL STANDARDS."

Taser restrictions will cause more deaths, injuries: manufacturer

July 26, 2009
By Susan Lazaruk, Canwest News Service

VANCOUVER - Tougher restrictions on the use of Tasers will cause more deaths and injuries, said the devices' manufacturer as it defended the weapons as safe and effective, in the wake of a report calling for "significant changes" of its use by police in British Columbia.

(note from Reality Chick: Don`t miss www.excited-delirium.com`s observations - click on this link: `deathsandinjuries`- all one word)

``Overly restrictive policies on Taser device usage will force police officers to migrate to other, more dangerous force options, such as batons, physical force and even firearms, resulting in more, not fewer, deaths and injuries in police confrontations,'' Steve Tuttle, vice-president of communications for Taser International, said in an e-mailed statement from the company's Arizona headquarters.

Thomas Braidwood on Thursday released his report on the use of Tasers in B.C. , which called for "the threshold for use" of the weapons to be "significantly revised from 'active resistance' to the much higher standard of 'causing bodily harm.' " This prompted the province to order all of its police, sheriffs and corrections officers to "severely restrict the use" of the weapons immediately.

Tuttle in the statement accused Braidwood of twisting medical evidence, basing its recommendations on speculation and ignoring key facts.

``It appears that politics has trumped science in the commission,'' Tuttle said. ``Medical pathologists in the Robert Dziekanski case found no evidence that the Taser device was related to the death, which was caused by underlying medical factors.''

He said the report's findings aren't supported by medical research on conducted energy weapons, citing a new report by Dr. William Bozeman, who found Tasers did not affect heart rate. ``This research has consistently demonstrated that Taser devices are safe and effective when used properly,'' he said in his statement.

Tuttle declined an interview request.
Tuttle declined an interview request.
Tuttle declined an interview request.

Tuttle did acknowledge in his release that ``Commissioner Braidwood recognizes the value of our life-saving technology and (he) states, `On balance, I concluded that our society is better off with these weapons in use than without them.''

But that endorsement was contingent on police implementing Braidwood's recommendations - including officers only use a Taser when a suspect is physically harming someone while committing a criminal act and a lesser force wouldn't be adequate.

His report also emphasized crisis management and de-escalation in confrontations.

All 19 of Braidwood's recommendations were accepted by B.C.'s Solicitor General Kash Heed, who said he expected all police forces, including the RCMP, to follow them.

The federal RCMP said it largely supported the recommendations but was reviewing them to see if recently revamped RCMP policy needed adjustments, the force's deputy commissioner Gary Bass said in a written statement Friday.

The RCMP released a bulletin to its officers, advising them to treat Braidwood's recommendations as ``complementary'' to existing policy.