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

Tasers save lives, prevent injuries police chiefs tell B.C. public inquiry

May 14, 2008
The Canadian Press

VANCOUVER -- There is no uniform policy among municipal police forces in British Columbia on the use of the Taser, says the president of the B.C. Association of Municipal Chiefs of Police.

Bob Rich, who is also deputy chief of the Vancouver Police Department, told a B.C. public inquiry into the use of Tasers that steps are being taken to address that, but right now policies on the use of force are left to each municipal department.

"The lack of clarity, the lack of a provincial policy, and different opinions is something that has made it more difficult and I look forward to the process of making it clear for our officers what we actually expect them to do,'' Rich testified Wednesday.

While there is no uniform policy, Rich said the Police Act "scheme'' on levels of force is used as a guideline.

Yet he said he would support implementation of a provincewide conducted energy weapon policy.

"The association believes a provincewide policy would ensure consistency,'' said Rich. "This province is policed by both municipal and RCMP officers and it would be appropriate for all us to be working with one policy.''

A provincial use-of-force co-ordinator has been asked to recommend uniform standards for Taser use in B.C., Rich testified.

But he testified that while he had not read the Taser policies of each police department, he believes there is reasonable consistency in training for police issued Tasers.

Bill McNaughton, interim police chief in Victoria, said the Taser is now considered an "intermediate'' weapon on the use-of-force continuum, but he conceded there are different models there, too.

"Discussion around this is clouded because of different use-of-force models and potentially different wording that can create some confusion,'' McNaughton said.

But there is an "overarching principle'' that guides all use of force, he said.

"That is the principle of proportionality or reasonableness. They are determined by a wide range of circumstances over which officers generally will have control over very few of those elements.''

But McNaughton agreed with commissioner counsel Patrick McGowan that specific language to better guide Taser users might address so-called "active resistance'' or "assaultive behaviour.''

McGowan suggested that without a clearly defined minimum standard before deployment, there will always be the potential for inappropriate use.

"Are you in favour of a clearly defined minimum standard before which the Taser can be deployed?'' he asked Rich.

"We owe it to our officers to be clear to them when we expect them to use it and not,'' Rich responded.

The inquiry is currently looking into Taser in general by B.C. law enforcement officers.

A later phase will look specifically into the case of Polish immigrant Robert Dziekanski, who died after being hit with a Taser last fall at the Vancouver airport.

Solicitor General John van Dongen ordered the Metro Vancouver transit police Wednesday to make submissions before the inquiry.

Inquiry commissioner Thomas Braidwood, a former judge, expanded the inquiry to include transit police after documents revealed Tasers were used 10 times in the previous 18 months, including five times against riders trying to ride for free.

The transit police had been invited to appear but declined. Van Dongen said that is not an option.

"I have been very clear, unequivocally clear, with the chair of the board what my expectation is and if that isn't met, then I will pursue whatever remedies that I believe are appropriate,'' said van Dongen.

Sgt. Willie Merenick, spokesman for the Metro Vancouver transit police, said they would indeed attend. "We have made application for a time slot and we are waiting for them to get back to us (for a time),'' he said.

Several police chiefs defended use of the controversial shock weapons at the inquiry Wednesday.

Rich said things can go wrong in two ways: misconduct and mistakes. "One, is there is going to be misconduct instances. The other issue is competence, where officers make mistakes. They are human,'' he testified.

Vancouver police Chief Jim Chu told the inquiry that Tasers were used about 100 times in total in 2007 -- about 0.4 per cent of the 25,000 arrests Vancouver police made that year. The province's largest municipal force has 130 Tasers.

Taser use -- and the number of Tasers in the hands of various forces -- also varied greatly from force to force.

Delta police Chief Jim Cessford said he has 160 officers, 30 Tasers, and the weapon was deployed 27 times in the past six years.

But Victoria has 241 officers and 20 Tasers, and deployed them 106 times last year -- more than in Vancouver.

McNaughton said the high percentage reflects the nature of the policing in Victoria.

Although the force polices about 90,000 residents, "the number of people in the city during the day can triple.''

He blamed "significant under-resourcing'' and said that Vancouver police have more backup.

*********************************************************************************
SEE ALSO: TASER INTERNATIONAL A MAJOR SPONSOR OF THE CANADIAN ASSOCIATION OF CHIEFS OF POLICE CONFERENCE

SEE ALSO: BC POLICE CHIEFS VOTE IN SUPPORT OF TASER
*********************************************************************************

BC Police Chiefs vote in support of taser

November 22, 2007
Jonathan Fowlie, Vancouver Sun

VICTORIA - The B.C. Association of Chiefs of Police has voted unanimously to continue the use of Tasers. Supt. Gord Tomlinson, head of the association, said he supports all the ongoing investigations, and apologized to the family of Robert Dziekanski. He added police believe the Taser "saves lives" and that officers have full confidence in the tool.

B.C.'s top Mountie extols value of tasers

November 22, 2007
IAN BAILEY, Globe and Mail

VANCOUVER — British Columbia's police chiefs are worried the furor over the case of Robert Dziekanski may discourage officers from using tasers in confrontations when "split-second" decisions are required, the RCMP's B.C. commander says.

"It has been discussed by us as a possible concern," Deputy Commissioner Gary Bass said yesterday from Victoria, where the British Columbia Association of Chiefs of Police is holding a meeting on policing issues. "We worry the impact of some of that publicity might create that reaction in members."

At the request of B.C. Solicitor-General John Les, the chiefs have been reviewing taser policy and are expected to issue a statement today.

Deputy Commissioner Bass would not disclose the conclusions the police commanders have reached.

"Through the discussions we had today, we all have a similar perspective on the taser issue," he said. "I can say that." But he said in an interview yesterday he criticized the news media for drawing some conclusions about the case of Mr. Dziekanski, ahead of investigations into the matter. "That's what I think is unfair to the men or women because it further complicates that split-second process," he said, referring to the use of tasers in confrontations with suspects.

"Our concern is around the fact that the decisions they need to make about which weapon they're going to use, or which tool they're going to use, is a split second," he said. "That split second could mean the difference or the life of the suspect or the life of another member of the public if they make the wrong decision."

Any blame for the improper use of tasers has to rest with police managers, Deputy Commissioner Bass said. "If something goes wrong, the blame shouldn't be on them. The blame should be on me and senior management, and I think that's one of the big concerns I see here."

But he said he was not prejudging the case at Vancouver International Airport, where Mr. Dziekanski died last month after being blasted twice with a taser in a confrontation with four Mounties. They came to the scene in the international arrivals area of the airport after reports that Mr. Dziekanski, 40, was being disruptive after arriving from Poland.

The four Mounties who dealt with Mr. Dziekanski were reassigned to other duties within two days of the Oct. 14 confrontation, partly due to concerns about their safety, Deputy Commissioner Bass has said previously. He said he has spoken to the four men about their situation as they await the outcome of a police investigation by the Integrated Homicide Investigation Team, operating in the Lower Mainland.

Federal Public Safety Minister Stockwell Day said this week that the officers could face criminal charges if culpability is assessed.

"I think they're doing okay. They're very mature individuals, very dedicated, very concerned over what's happened, and I think they're doing okay," the deputy commissioner said.

The officers are "absolutely" looking forward to telling their story at a coroner's inquest into the case, he said. That inquest was yesterday scheduled to begin on May 5, 2008. It is to run until May 16. A statement from the B.C. coroner's service said a five-member jury will hear evidence from subpoenaed witnesses to determine the facts around the case.