Lawyers can’t vet officers’ notes in SIU cases, Ontario Court of Appeal rules

November 15, 2011
Tracey Tyler, Toronto Star

Police officers involved in fatal shootings and other serious incidents are not permitted to have a lawyer vet or help prepare their notes before they’re turned over to the Special Investigations Unit, the Ontario Court of Appeal has ruled.

In a 3-0 decision Tuesday, the court said allowing lawyers into the process to shape and refine the finished product would defeat “the fundamental nature and purpose of a police officer’s notes” – to provide an independent and contemporaneous recollection of what happened.

“An officer eager to have … a legally valid explanation for his or her own conduct would naturally emphasize and present the facts in accordance with the lawyer’s advice,” said Justice Robert Sharpe, who wrote the judgment.

There’s nothing to prevent an officer immersed in the “stressful” aftermath of a police shooting from getting some basic legal advice about their rights and duties, such as whether they are required to answer questions from SIU investigators, Sharpe said.

But officers must complete their notes before the end of their shift and can’t delay for the purposes of getting advice from a lawyer, he said on behalf of a panel that included Justices Robert Armstrong and Paul Rouleau.

The decision is a victory for the families of Douglas Minty, 59, and Levi Schaeffer, 32, two mentally ill men shot dead by the Ontario Provincial Police two days apart in June 2009.

Their families were shocked by some of the practices employed by officers during investigations by the SIU, the independent civilian agency set up to investigate when police are involved in cases involving death, serious injury or sexual assault.

They’ve also been a concern to SIU director Ian Scott, who has complained such practices frustrate the agency’s investigations.

“This judgment is a huge step forward in the battle against police manipulation of SIU investigations,” said Julian Falconer, a lawyer representing the families.

At a hearing earlier this year, the appeal court was told it is common for officers involved in SIU investigations to prepare double sets of notes, one to be vetted by their lawyer and a second for public consumption.

The court was also told that in a Hamilton Police Association newsletter in 2009, a Toronto lawyer who frequently represents officers, recommended anyone involved in an SIU investigation be vague about how many times they fired their gun.

The lawyer also offered an example of how an officer might logically explain such an incident.

“The obvious needs to be said again and again,” he wrote. “He pointed the firearm at me and, fearing for my life and the life and safety of my fellow officers and members of the public, I fired at him several times.”

About five hours after Schaeffer was killed during an investigation into a boat theft at Pickle Lake, the officer who fired the fatal shot consulted his lawyer, Andrew McKay, who asked him to prepare notes for him to review.

The officer, Constable Kris Wood, later wrote in his notebook that Wood advised him that his notes “were excellent and to complete his notebook.”

The families sued, asking a judge to rule on whether the note-vetting custom and other practices followed by officers in the course of SIU investigations were authorized under the Police Services Act.

The officers and the Commissioner of the OPP argued the families had no standing to bring that question before a court as a matter of public interest. They also argued the family’s concerns had become moot as a result of recent amendments to rules governing SIU investigations.

The appeal panel disagreed.

The court awarded the families $100,000 in legal costs, to be paid by police respondents.

Vermont State Police to make revisions to Taser policy

October 22, 2011
Burlington Free Press

The Vermont State Police agreed to change its policy regarding Tasers following an incident with a 23-year-old Northeast Kingdom man with a disability.

The policy revision was prompted by a complaint about using a Taser on the uncooperative man April 6, officials said. The state police also agreed to pay a small financial settlement as part of the complaint filed by Disability Rights Vermont, a protection and advocacy organization.

A.J. Ruben, a supervising attorney for Disability Rights Vermont, declined to release terms of the signed financial settlement, which he acknowledged is public record. Ruben said the family asked him not to release the name of the victim or the settlement amount, which he termed "not large." He said the case was more about getting the state police Taser policy modified for people with disabilities and not about the payment to his client.

The Burlington Free Press filed a public-records request Friday afternoon with the state police Friday afternoon to determine the cost to taxpayers. The request is pending.

Ruben said the policy changes will save taxpayers money by avoiding future incidents.

In a joint statement, state police and rights group outlined the following:

Troopers responded to a home April 6 at the request of developmental services and mental health professionals. The man with disabilities including Down syndrome, was told by care providers that he needed to be taken to a new placement. He refused to get dressed and accompany the caregivers. When troopers arrived, they attempted to escort the man from the home, but he pulled away. Trooper Paul Mosher, who is assigned to the Derby barracks, deployed his Taser. Then the man was helped into his care provider's vehicle, evaluated at the emergency room, released uninjured and transported to the new placement.

Changes to state police policy regarding Tasers includes placing people with cognitive impairments in a category that requires special consideration before use of a Taser, and the devices will be used only if the person is armed and presents a risk of harm, or if there are no other reasonable alternatives to maintaining safety or taking the person into custody.

"We are pleased with the outcome and the spirit of cooperation in working ... to create a policy that will help protect citizens with disabilities, while providing more clearly defined direction for our troopers," Col. Tom L'Esperance, director of the state police, said in a statement.

Ruben said in a statement: "The actions taken by the state police, including the change of policy, are progress in the continuing effort to restrict the use of the Taser against individuals with disabilities for non-threatening disability-related behavior."

Councillors back crisis intervention team concept

June 9, 2011
By MORGAN IAN ADAMS, Enterprise-Bulletin

COLLINGWOOD -- Councillors have gotten behind the push to create team to deal with individuals in crisis.

The idea was presented to the town's police services board in January by Marcus Firman, whose son, Aron, was killed in a confrontation with police last June.

Aron Firman died after he was hit with a conductive energy weapon, commonly referred to as a Taser, after OPP officers were sent to a St. Marie Street group home to deal with a domestic disturbance.

Firman, who was diagnosed as a paranoid schizophrenic, attempted to flee when he was told he was going to be taken into custody. In doing so, Firman struck an officer ; when it appeared he was advancing on another officer, that officer discharged the Taser on the 27-year-old man.

Firman died at the scene of cardiac arrythmia brought on by the use of the weapon on an individual in an agitated state, according to the coroner.

The province's Special Investigations Unit has cleared the subject officer of any wrongdoing, though SIU director Ian Scott has pointed the blame for Firman's death on the use of the Taser.

Aron Firman's father, Marcus, says his son's death would not have happened had the OPP a mobile crisis intervention team in place.

The crisis team proposed by Marcus Firman is similar to what has been put in place in other jurisdictions such as Toronto and Hamilton; the Toronto Police Service created such a team in the wake of a coroner's inquest into the death of Edmund Yu, a mentally-ill man shot and killed by Toronto police officers in 1997. The team would most likely consist of a mental health nurse and a plainclothes police officer, who would also preferably be unarmed.

The team could be called out to de-escalate situations where police have been called to an incident involving a person in crisis.

On Monday night, Collingwood councillors threw their unanimous support to petition the province to establish a provincial team, or consider a funding model that would allow health organizations and police services to establish local or regional crisis intervention teams.

Marcus Firman applauded council's decision.

"I think it's great that the council is being proactive in supporting the police services board in this initiative," he said. "It's the right thing to do.

"In 18 days time (June 24), it will be the one-year anniversary of Aron's death, and for sure that death would not have happened if there had been a crisis intervention unit in place at the time.

Firman is expecting the coroner to announce an inquest into his son's death -- though when that announcement could occur is anyone's guess; coroner's inquests are typically called when an individual dies in police custody.

"No doubt, in my mind, that the inquest would recommend the institution of an intervention unit," said Firman. "I think council is doing what they can with the province and the OPP to try and move (the concept of an intervention team) forward.

Remembering Aron Firman

Please see April 27 is Aron Firman’s birthday

Police chief wants Tasers for all frontline officers

To think that Tom Kaye (Owen Sound, Ontario Chief of Police) continues to hold any credibility as the chair of the Canadian Association of Chiefs of Police committee on tasers just boggles the mind. It's embarrassing. Where do I register a no-confidence vote? "Hadn't read up on the Firman case?" Hullo!! Dr. Michael Pollanen attributed Firman's death to "cardiac arrhythmia PRECIPITATED BY ELECTRONIC CONTROL DEVICE DEPLOYMENT in an agitated man." Could it get any clearer? A coroner's inquest isn't going to change that outcome Tom. How can the chair of a taser committee in Canada NOT have "read up on" such a significant case? That's only one of your major gaffes in this interview (see below) - anyone whose been following along can identify all of them.

Tom, you're either a) TERRIBLY misinformed or b) you think the Canadian public is REALLY stupid. If you manage to push your agenda through, the Canadian public is in grave danger. How about doing the right thing and inviting some PUBLIC DISCOURSE/CONSULTATION? I know of several very well informed people who would be delighted to participate.

See also Excited-Delirium's post from February 2009 (some of us are keeping track of this crap): Look what we have to deal with

January 26, 2011
Scott Dunn, Owen Sound Sun Times

Owen Sound Police Chief Tom Kaye said he looks forward to the day when all frontline officers carry a Taser.

Kaye made the comments to reporters after presenting a report summarizing use-of-force incidents to the police services board Wednesday.

In 2010 there were 20 incidents, generating 27 reports, when force was used by city officers to a degree that met provincial reporting requirements. Such circumstances include drawing a gun with the public present, using any weapon on a person and using physical force causing an injury requiring medical attention.

A Taser was fired twice and displayed eight times in 2010, Kaye said. Sometimes officers used a mode that shows electricity crackling in the device, Kaye said.

Tasers were never used in the "push/stun" mode, in which the weapon was physically jabbed into someone, he said.

Kaye also chairs the Canadian Association of Chiefs of Police committee concerning the controversial conducted-energy weapons, which an SIU official said caused a Collingwood man's death last June.

"It's our hope that every frontline officer at some point in time gets issued with a Taser," Kaye said.

Kaye's department is now tracking the use of the Taser both when it is fired, as required by the provincial government, but whenever it is drawn, which isn't a provincial requirement.

Officers started tracking where on the subject's body the Taser's metal probes strike, "so that we can use that to refine our deployment of Tasers in the future," he said.

"So we're looking to build our business case for government by tracking all of that information."

Special Investigations Unit director Ian Scott attributed the death of Aron Firman outside a Collingwood group home June 24 to the use of a Taser by and OPP officer. The officer was cleared.

He cited Ontario's chief forensic pathologist, Michael Pollanen, who attributed Firman's death to "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man." He had underlying health issues which may have predisposed him to arrhythmia, Pollanen found.

Kaye downplayed any conclusion that Tasers kill people. He said he didn't know how that diagnosis could be made because Mr. Firman was found, Kaye understands, with vital signs absent.

"It's my understanding that if someone is already down and vital signs absent, you cannot tell in any subsequent medical examination or autopsy," that the Taser caused the death, "because there are no telltale signs on the heart muscle."

Kaye also said he hadn't read up on the Firman case and it remains to be seen what conclusions an inquest draws.

He said he knows more than six Ontario inquest juries, and six or eight others across Canada, have recommended all frontline police officers be issued a conducted energy weapon.

"I know that in the United States there are a number of their medical examiners that have made the same pronouncements.

"And in every particular case they've had to withdraw their cause of death as having been that because it's unsubstantiated."

Kaye said the national police chiefs' association position on Tasers is to wait and see what conclusion the Firman inquest produces.

Other Owen Sound Police Services use-of-force details Kaye provided:

• Guns were drawn and pointed at a subject four times, including one case in which two guns were pointed during the same arrest. Police did not fire their guns at a person last year.

• Twice a gun was drawn to deal with a vicious or dangerous animal, and twice a firearm was discharged to destroy an injured or sick animal.

• Hands were laid on subjects to gain control three times, a baton and pepper spray were used once each.

• There were 19 times no injury resulted to the subject or officer.

• None of the times force was used resulted in serious injury requiring reports to the Special Investigations Unit, the civilian arms-length police oversight agency.

Father calls for OPP crisis team

January 19, 2011
By QMI AGENCY

COLLINGWOOD -- The father of a man who died after being Tasered by a Collingwood OPP officer wants to see the detachment create a team to deal with people in crisis.

Aron Firman, 27, died last June after an officer sent to investigate a disturbance call used a Taser on him.

Firman was diagnosed as a paranoid schizophrenic.

His father, Marcus, says his son's death would not have happened had the OPP had a mobile crisis intervention team in place.

On Monday, he and solicitor Julian Falconer pitched the idea of a team to the Collingwood Police Services Board. The board accepted the recommendation in principle and will see whether the idea could work.

"It's baby steps, and putting in place (what's needed) to make it happen," Firman said after his deputation to the board. "It's better to be proactive than reactive, because if they're reactive, then what's the risk and liability of not doing something?

"This is not about guilt, this is about putting something in place to protect the most vulnerable people."

The concept presented to the board would be to have a two-person team, one a plainclothes officer, and the other a mental health nurse. The team could be called out to de-escalate situations where police have been called to an incident involving a person in crisis.

Firman pointed to the crisis intervention team created by the Toronto Police Service as a result of the Edmund Yu inquest -- Yu was a mentally-ill man shot to death by police on a TTC bus in 1997 -- that dealt with more than 300 cases in 2010, "all of which were resolved without the use of violence."

Firman also asked the police services board to approach the G&M Hospital to participate.

Falconer, who has been hired by the family to represent them at any future inquest, and has worked on behalf of other families in similar circumstances, told the board the need to implement the team is "a human need to prevent future tragedies."

He also pointed to the deaths of two other individuals -- Doug Minty and Levi Schaeffer -- that occurred around the same time as Aron Firman's, "and each one suffered from a mental disability."

None were criminals, said Falconer, and died as a result of "a misperception of what was happening," because of their disabilities.

In the Firman case, the province's Special Investigations Unit found there weren't grounds to charge the officer who used the Taser and the use of the device was justified by the situation.

"This is not a one-off, this is not a fluke," said Falconer. "You have the opportunity to make an important change. This is not about doing battle (legally), but about an opportunity to institute a change.

"Had the mobile crisis team been available (for Aron Firman), it would have made a tremendous difference," he said. "We ask a lot of our police, but they don't sign up to be counsellors or psychiatrists -their primary focus is to enforce the law... and expecting them to (get involved) in complicated matters when they're not specialized is unrealistic."

Board chairman Paul Montgomery noted the pair "made a compelling case in principle . . . (but) implementation is another question.

"Obviously it's a good idea; I just don't know whether or not it would be possible."

The municipality might have to review its contract with the OPP.

"It deserves an examination," added Collingwood OPP detachment commander John Trude.

(Ontario) Police rarely use stun guns

December 10, 2010
SCOTT DUNN, SUN TIMES

Special Investigations Unit director Ian Scott's view that a stun gun killed a Collingwood man may cause officers to think twice about using them, one local police chief said.

But Saugeen Shores Police Chief Dan Rivett said Thursday in an interview that doesn't mean police should stop using conducted energy weapons when called for.

The stun gun death of an agitated, schizophrenic man by a Collingwood police officer is the latest incident in which concerns about police use of these devices have been raised.

This time though, it was the SIU director who said he thinks the stun gun caused Aron Firman's death.

Firman, 27, died after being Tasered by Collingwood OPP June 24 outside a group home in Collingwood.

SIU director Ian Scott concluded this week the use of the Taser "was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

No charges were justified against the officer, Scott found, because the officer's training shouldn't have led him to expect the device would kill.

Ontario's chief forensic pathologist, Michael Pollanen, attributed Firman's death to "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man." He had underlying health issues which may have predisposed him to arrhythmia, Pollanen found.

The victim's father has called for Tasers to be re-classified as "potentially lethal weapons."

Sgt. Pierre Chamberland, an OPP corporate spokesman in Orillia, said the SIU finding will prompt a review of all policies related to deploying a Taser, as required under the Police Services Act. But they're still being used now. He wouldn't say how often the OPP use their Tasers, saying it's an "operational matter, we don't release that." He also said whether using handcuffs or guns, "we are trained with the fact that with any use of force there is an inherent risk of serious injury or death."

No Saugeen Shores officers have ever fired their conducted energy weapons since they were issued them in 2007. But Rivett says they still have their place. "Sure, does it make you give pause and think twice? Absolutely it does. But that in turn could put you in jeopardy or a member of the public," he said. He hopes the Collingwood death of a man won't cause his officers to hesitate when they shouldn't, he said. "That's a real concern. So there's a very delicate balance there that police officers are put into every day."

Training and guidelines set out when a Taser may be used, one step short of employing deadly force with a firearm, he said.

Owen Sound police sergeants continue to use Tasers, under escalating use-of-force guidelines too. "We haven't changed our policy and they're still in use in Owen Sound," Deputy-Chief Bill Sornberger said Wednesday in an interview. So far this year, Tasers have been drawn eight times and fired twice in the city, he said.

He declined to comment on any possible implications of the SIU conclusion that a stun gun shock killed Firman. Sornberger said he wanted to read more about the circumstances and information from the SIU before commenting further.

Grey County OPP officers who are qualified to use stun guns do so "extremely infrequently," said Bob Mahlberg, the detachment commander in Chatsworth. He didn't have the statistics available to say how often and said a freedom of information request could be filed. The devices, which cause muscles to involuntarily contract, are used to gain immediate control of someone, where other options were ineffective or precluded, he said. "From what I have heard so far, there is no change in policy. We are aware of the (SIU) decision. We are aware of the comments made by the director of the SIU," Mahlberg said.

Grey County OPP Const. Steve Starr said conducted energy weapons are not used frequently but they can be used successfully. He cited a man at a group home recently who struck another man with a fire poker in the presence of police who was taken into custody without incident after being stunned.

Mahlberg said a police officer is always responsible for the amount of force used on an individual, whether he or she employs physical force or use-of-force equipment. "It's required under the criminal code and we are only allowed to use as much force as is reasonably necessary to do our job."

Victim’s family wants Taser reclassified as lethal

“It’s a fact now — it’s lethal.”

December 10, 2010
Morgan Ian Adams, QMI Agency/Toronto Sun

COLLINGWOOD, Ont. - The father of a man killed earlier this year by a jolt from a Taser says the police weapon should be reclassified as lethal.

On Monday, the Ontario's Special Investigations Unit cleared a provincial police officer who administered the lethal shock to Aron Firman, 27, and blamed the weapon itself – only the second time in Canada that an official link been drawn.

“If the officer knew it would be lethal, I would hope (the officer) would have considered other options when dealing with an unarmed man,” said Marcus Firman, the father of the schizophrenic man.

On June 24, two officers who responded to a call of an altercation found Firman sitting on a chair in the backyard of the group home, according to the SIU report.

Police said Firman grew increasingly agitated as he was questioned and, according to the report, elbowed one of the officers in the face.

When an officer discharged his Taser, Firman reportedly fell to the ground, unconscious. He was later pronounced dead at hospital.

A post-mortem report indicated Firman died from “cardiac arrhythmia” precipitated by the use of the Taser.

Marcus says his son had a slightly-enlarged heart, and a “genetic marker” that occurs in roughly 20% of the population, in which the heart receives an excessive level of calcium, which could have been factors in his death.

“Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm,” he said. “It’s a fact now — it’s lethal.”

A coroners inquest continues into his death.

Father of fatal Taser victim speaks out

"Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm," he [Marcus Firman] said. "It's a fact now — it's lethal."

December 8, 2010
Barrie Examiner
By Morgan Ian Adams

COLLINGWOOD — The father of a man killed by police earlier this year says conductive energy weapons such as Tasers should be reclassified as lethal weapons.

On Monday, the province's Special Investigations Unit cleared the Collingwood OPP officer who administered the lethal shock to Aron Firman of any criminal wrongdoing. However, SIU director Ian Scott did pinpoint the Taser as the cause of the 27-year-old Collingwood man's death.

"The reality of it is, Aron didn't have to die," said Marcus Firman, who met with SIU officials on Monday to be briefed on Scott's report. "This is a tragedy on so many levels.

"If the officer knew it would be lethal, I would hope (the officer) would have considered other options when dealing with an unarmed man."

On June 24, two officers responded to the group home where Firman lived, to a call of an altercation. When officers arrived, they found Firman sitting on a chair in the backyard of the group home; according to the SIU, the officers attempted to question Firman, who grew increasingly agitated.

According to the SIU, Firman got out of his chair and "moved aggressively" toward the subject officer, a male. The other officer on the call, a female, attempted to intervene, but was struck in the face by Firman's elbow.

Firman advanced on the subject officer, who then discharged his Taser at Firman. He fell to the ground, unconscious, and when paramedics arrived on the scene, vital signs were absent. Firman was later pronounced dead at the General & Marine Hospital.

Marcus Firman says he was informed by the SIU that, based on witness statements, group home staff offered to perform CPR when they realized his son was in medical distress, but were refused by officers at the scene.

A post-mortem report indicated Firman died from "cardiac arrhythmia" precipitated by the Taser.

"The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model," said Scott in a news release issued Monday afternoon. "However, in this incident, the Taser's deployment in my view caused Mr. Firman's death. Obviously, in this case, there is a dissonance between the post-mortem findings and the aforementioned classification of the Taser."

Scott said the officer could have reasonably thought the Taser would not be lethal based upon his training.

The pathologist report by Dr. Michael Pollanen, Ontario's Chief Forensic Pathologist, also determined Firman has underlying health conditions which "could" have predisposed him to arrhythmia; Marcus Firman says his son had a slightly-enlarged heart, and a "genetic marker" that occurs in roughly 20% of the population.

Firman says based on the report of the pathologist and Scott's comments, Tasers should be reclassified as "potentially lethal weapons.

In Firman's opinion, the officers could have relied on pepper spray, a baton, or hand-to-hand, in order to subdue his son. Aron Firman was diagnosed as a paranoid schizophrenic, but was not regarded as a violent individual.

Firman also says the officers did not appear to be trained to "de-escalate a situation" involving an individual with a mental illness; he says officers would have been aware they were responding to a group home environment where there were residents with a variety of mental illnesses.

"Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm," he said. "It's a fact now — it's lethal."

Firman said he has spoken to the regional coroner's office, and has been informed there will be an inquest into his son's death. Under the Ontario Coroner's Act, an inquest is mandatory if the death occurs while an individual is in custody, or is being detained by a police officer.

Taser caused schizophrenic’s death, investigation concludes

December 7, 2010
Curtis Rush, Toronto Star

For the first time in this country, public officials have drawn a clear link between a police officer’s use of the Taser and the death of its target, according to a Toronto lawyer.

Julian Falconer was responding to the release of the findings by the Special Investigations Unit into the death of a mentally ill man this past June.

Ian Scott, director of the SIU, reported that “in this incident, the Taser’s deployment in my view caused [Aron] Firman’s death.”

Firman, a 27-year-old schizophrenic who was living in a home for mentally ill patients, was Tasered on June 24 in Collingwood after Ontario Provincial Police officers responded to an assault complaint.

The SIU report and the coroner’s findings, Falconer says, prove that the Taser should be reclassified as a lethal weapon.

The SIU did not find the OPP officer at fault, declaring that police had the legal authority to arrest Firman. And even though he believes the Taser caused Firman’s death, Scott wrote that this use of force was not excessive.

Scott’s report follows a medical examiner’s findings indicating that Firman died from “cardiac arrhythmia precipitated by electronic control device deployment in an agitated man.”

In the SIU report, Scott admitted that his findings and those of the medical examiner contradict the classification of the Taser as a “less lethal or intermediate weapon” in the OPP’s arsenal.

“Aron Firman did not have to die,” Falconer said. “This is the first case in this country in which public officials have taken the lead and declared conclusively the connection between Taser and death.”

Falconer is calling on Taser International to properly reclassify Tasers as lethal weapons and urged police officers to acknowledge that there is a risk of death in using the Taser.

“The fact that this is classified as a non-lethal weapon is fiction,” the lawyer said. “This is an important opportunity for Taser International to come forward and tell the truth about the Taser and tell the truth about its risks of fatality and to work with police to get this weapon classified accurately.”

Falconer said also that the OPP officers who responded to the victim’s residence did not have the proper level of sophistication to deal with somebody dealing with a medical crisis.

“Please keep in mind that was an unarmed man,” Falconer told the Star.

He said the victim’s family is committed to seeing a province-wide implementation of the kinds of mobile crisis teams available in Toronto.

In the SIU report, Scott calls attention to the possible training lapses of the OPP in this case. “The subject officer could have reasonably thought that the Taser deployment would not be lethal based upon his training,” the SIU director wrote.

This SIU report proves that “pepper spray clearly could have been used” in this case, Falconer said. The Taser, he said, should be used as a last resort short of a gun. “It’s seen in more innocent terms,” the lawyer said.

The independent agency determined the victim had underlying health conditions that could have contributed to his death. However, Falconer says that coroner’s refers to an excessive level of calcium going to the heart and that’s a genetic marker affecting about 20 per cent of the population.

Two OPP officers were dispatched to a Blue Mountain residence in Collingwood on June 24 following an assault complaint.

Firman was found sitting in a chair outside one of the buildings, but when police moved in to arrest him, he became agitated. He then got up and “moved aggressively” towards one of the officers, according to the SIU. One officer tried to intervene and Firman struck her in the face with an elbow, Scott wrote on his report. Firman continued to advance upon the subject officer and the officer discharged his Taser. Firman “took a few additional steps” before falling to the ground and lapsing into unconsciousness.

Emergency services responded and Firman was taken to hospital where he was pronounced dead.

Falconer said he will represent the family at an inquest. No decision has been made yet to pursue a civil lawsuit, Falconer said.

The SIU is an independent agency that investigates reports that involve police where there has been death, serious injury or allegations of sexual assault.

Meanwhile, the OPP says it has no plans to halt use of the Taser.

SIU concludes investigation into taser death

MISSISSAUGA, ONTARIO -- (Marketwire) -- 12/06/10 -- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an officer of the Ontario Provincial Police (OPP) - Collingwood Detachment, with a criminal offence in regards to the death of a Collingwood man in late June of this year.

The SIU assigned four investigators and two forensic investigators to probe the circumstances of this incident. The SIU designated four officers as witness officers and one officer as a subject officer. Twenty-three civilian witnesses were interviewed.

The SIU investigation determined that on June 24, two OPP officers were dispatched to the Blue Mountain Residence in Collingwood in regards to an assault complaint. The subject of the complaint, 27-year-old Aron Firman, was found sitting in a chair outside one of the buildings. Both officers attempted to speak to an agitated Mr. Firman, with varying success. When both officers moved in to apprehend Mr. Firman, he got up from the chair and moved aggressively towards the subject officer. The witness officer tried to intervene and get control of Mr. Firman, but was unable to do so as Mr. Firman struck her in the face with his elbow. Mr. Firman continued to advance upon the subject officer, who responded by discharging his Taser at Mr. Firman. Mr. Firman was able to take a few additional steps before falling to the ground and lapsing into unconsciousness. EMS was contacted and responded. Mr. Firman was taken to the Collingwood General and Marine Hospital where he was pronounced dead.

A post-mortem examination was conducted on Mr. Firman on June 26, 2010 by Doctor Michael Pollanen, Ontario's Chief Forensic Pathologist. The post-mortem report indicates that Mr. Firman died from "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man." The report further notes that Mr. Firman had a couple of underlying health conditions that "could" have predisposed him to arrhythmia in these circumstances. Of course, the legal determination of cause of death will be decided by an inquest jury, if an inquest is called.

Director Scott said, "There are no reasonable grounds to believe that the subject officer committed a criminal offence in relation to the death of Mr. Aron Firman. In my view, both officers had the lawful authority to apprehend Mr. Firman under s. 17 of the Mental Health Act. They also had the authority to arrest him for assault. When they approached him, he was significantly resistant and struck the witness officer above the eye with his elbow. The subject officer deployed his Taser, and for the purpose of my analysis, I am accepting that this deployment caused Mr. Firman's death."

Director Scott added, "The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model. However, in this incident, the Taser's deployment in my view caused Mr. Firman's death. Obviously, in this case, there is a dissonance between the post-mortem findings and the aforementioned classification of the Taser. However, the subject officer could have reasonably thought that the Taser deployment would not be lethal based upon his training. In these circumstances, and in light of Mr. Firman's demonstrated degree of aggression, I am of the opinion that the Taser's deployment was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

-- consider whether an officer has committed a criminal offence in
connection with the incident under investigation
-- depending on the evidence, lay a criminal charge against the officer if
appropriate or close the file without any charges being laid
-- report the results of any investigations to the Attorney General.

Contacts:
SIU Communications/Service des communications, UES
Frank Phillips
416-622-2342 or/ou 1-800-787-8529

Ontario police watchdog blames Taser in man’s death

December 7, 2010
Patrick White, The Globe and Mail

The investigator’s opinion is unambiguous and unprecedented: Stun guns can kill.

In what could be the strongest official condemnation of taser use ever issued in Canada, an investigation into the demise of 27-year-old Aron Firman has presented a clear connection between stun-gun use and the young man’s death.

Mr. Firman died on June 24.

Ontario Provincial Police had been dispatched to Blue Mountain Residence, a Collingwood group home, on a complaint that Mr. Firman had assaulted another resident.

When two officers arrived, Mr. Firman was seated in a chair. He calmly answered their queries until they told him he might have to go to jail. He rose and elbowed one officer in the head before aggressively approaching the second.

The second constable shot a taser at Mr. Firman, who fell to the ground unconscious. An ambulance crew rushed him to Collingwood General and Marine Hospital, where he was pronounced dead.

To investigate the death, the SIU brought in Michael Pollanen, Ontario’s chief forensic pathologist and a key player in cases involving the likes of Stephen Truscott and disgraced pathologist Charles Smith. He offered a clear cause of death for Mr. Firman: “cardiac arrhythmia precipitated by electronic control device deployment in an agitated man.”

Based on Dr. Pollanen’s postmortem and 28 interviews, Mr. Scott cleared the officers but blamed the weapon.

Most police agencies in Canada classify tasers as an intermediate “less-than-lethal” weapon. The SIU investigation offers a direct challenge to that designation.

“The last few months have been excruciating,” said Mr. Firman’s father, Marcus. “It is now compounded by the knowledge that it didn’t have to happen.… If I get nothing else out of it, it’s that protocols must be changed. Another life is too many.”

An inquest is expected to be announced in the case.

Previous inquests, including the Braidwood inquiry into the death of Robert Dziekanski, have only suggested a possible link between deaths and tasers.

A company spokesman said the SIU had not consulted Taser International in the investigation.

“TASER stands behind the safety of its products but we do not comment on an unfortunate death without having been provided any factual documentation by the SIU or had the opportunity to review the autopsy report,” Steve Tuttle said in an e-mail. “We continue to stand by the independent peer reviewed medical studies that have shown that the TASER electronic control devices are generally safe and effective.”

Taser killed Ontario man: SIU

December 7, 2010
CBC News

A stun gun killed an Ontario man with schizophrenia last June, but no criminal charges will be laid against the officer who used the weapon, Ontario's Special Investigations Unit has concluded.

On June 24, two Ontario Provincial Police officers were dispatched to a group home in Collingwood, Ont., where they tried to arrest to Aron Firman, who they say turned combative, elbowed one officer in the face and was then hit with the electric shot by the other officer.

"The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model," SIU director Ian Scott said in a release. "However, in this incident, the Taser's deployment in my view caused Mr. Firman's death."

Scott concluded that the officers had the authority to arrest Firman for assault and that there were "no reasonable grounds" to charge the officer who used the Taser on the 27-year-old with a criminal offence.

The "officer could have reasonably thought that the Taser deployment would not be lethal based upon his training," he said. "In these circumstances, and in light of Mr. Firman's demonstrated degree of aggression, I am of the opinion that the Taser's deployment was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

Firman's father, Marcus Firman, said the officers made things worse that night. His son struggled with life, taking pills to control voices in his head, smoking marijuana and having brushes with the law.

"Aron was obviously going through some sort of crisis, but at the time they entered there he was actually sitting down and they were able to ask him some questions," he said. "But they actually escalated it by threatening him with jail — actually telling him he was going to go to jail. He reacted to that … and he was Tasered … which killed him."

A post-mortem report by Ontario's chief forensic pathologist on June 26 indicated Firman died from "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man."

Firman's is only the second case in Canada where a medical examiner has blamed a Taser for sparking heart failure.

Following the SIU's report, Ontario Provincial Police Insp. Dave Ross said his force has no plans to stop using Tasers.

"Not at this particular time, but again there is likely to be an inquest," Ross said. "We'll participate fully with the inquest and look forward to any recommendations they may have."

A mandatory coroner's inquest will be held in Firman's case, according to a spokesman at the Ministry of Community Safety and Correctional Services.

"We will await the results and recommendations of the inquest," Stuart McGetrick said in an email.

"In the meantime, the ministry has in place a use-of-force guideline that sets out the procedures to be followed when a Conducted Energy Weapon is used, including circumstances for use, limitations, medical considerations, reporting and accountability, and equipment control," he said. "That guideline remains in effect."

The SIU is an independent civilian agency that investigates cases of serious injury, sexual assault or death involving police.

Ontario cop cleared in Taser death

December 6, 2010
Toronto Sun, QMI Agency

COLLINGWOOD, Ont. – There will be no criminal charges for a southern Ontario cop who killed a man with a Taser this summer, Ontario's police watchdog has ruled.

Ian Scott, director of the Special Investigations Unit (SIU), concluded there are no reasonable grounds to charge the Ontario Provincial Police officer with a criminal offence in regards to the death of a Collingwood, Ont., man in late June.

Aron Firman, a schizophrenic who was on medication to control his symptoms, died after a police officer stunned him with a Taser while responding to an altercation between Firman and another resident at a group home in Collingwood.

In his report, Scott attributed Firman’s death to the deployment of the Taser, but said the device is characterized as “less lethal,” which led the officer to reasonably believe it would not cause death.

The SIU assigned four investigators and two forensic investigators to probe Firman's death and interviewed 23 civilian witnesses. The SIU investigates whenever a police officer harms or kills a civilian.

“In these circumstances, and in light of Mr. Firman’s demonstrated degree of aggression, I am of the opinion that the Taser’s deployment was not excessive, notwithstanding the fact that it caused Mr. Firman’s demise,” said Scott.

Tybee Island (Georgia) Settles Taser Case

TYBEE ISLAND, Ga. —

The City of Tybee Island has settled a case involving the use of police Tasers. (photo US Army)The mayor of Tybee Island says the city's insurer will pay $250,000 to settle a lawsuit filed after police officers used a stun gun on an autistic teenager.

Mayor Jason Buelterman says the funds are going to 18-year-old Clifford Grevemberg.

Two former Tybee Island police officers have pleaded not guilty to charges related to their participation in the May stun gun incident.

Police said Grevemberg appeared drunk and became agitated when confronted outside a bar.

Police learned that the 18-year-old had autism after arresting him on a disorderly conduct charge that was later dropped.

"It's important that we bring some closure to this for all parties involved," Buelterman says. "It's just been an unfortunate situation for everyone and bringing closure to it is a very good thing."

Grevemberg's attorney, Robert Turner, could not be reached for comment.

Investigation: Above the Law

ABOVE THE LAW - A SERIES PROBING POLICE CONDUCT IN ONTARIO
A Toronto Star investigation has found lack of results and little accountability from the $7 million a year Special Investigations Unit that probes police accused of injuring or killing civilians.

Tomorrow: The shooting death of Douglas Minty and the police-friendly investigation that followed.

Seems the more things change, the more they stay the same. See also the September 2008 report released by the Ontario Ombudsman's office: Oversight Unseen: Investigation into the Special Investigations Unit’s operational effectiveness and credibility

Pennsylvania teen dies after police taser

October 7, 2010: Patrick Johnson, 18, Philadelphia, Pennsylvania

EDITORIAL: Tybee Police Chief: Domino effect - Taser incident has far-reaching impact

PART OF the burden of leading a city department - especially a police department - is taking responsibility when things go wrong.

Thus, after three decades of service Tybee Island, Tybee Police Chief Jimmy Price will end his tenure at the seaside community on a down note. He has struck a deal with the city council by which he will come back to work for a week, so that he can retire while not under suspension.

These decisions are in the best interest of the public.

Chief Price's pending resignation comes in the wake of an incident in which two of his officers used a Taser on an 18-year-old autistic man. The police officers apparently took Clifford Grevemberg's trouble communicating and emotional response to being handled - hallmarks of autism - as evidence of disorderly conduct, a charge for which the teenager was later cleared.

Mr. Grevemberg, who had been simply sitting on a curb after the Tybee Beach Bum Parade outside a south end night spot, suffered a broken tooth and scrapes to his face and knees.

Following an inquiry by the Georgia Bureau of Investigation the two officers, Travis Daniel, 25, and Timothy Sullivan, 36, now face felony charges. But not for the Tasering itself. Instead, they were faulted for allegedly falsifying their account of the event on the official police report.

The soon-to-be former police chief is merely the latest domino to fall in this avoidable, embarrassing incident.

Both Messrs. Daniel and Sullivan were suspended and resigned June 9. Police Cpl. Javier Valdes, the supervising officer in the case, has resigned, as has Adam Thran, whose presence at the time of the Tasering, Mr. Sullivan allegedly concealed. Mr. Thran was a noncertified (and therefore not empowered to make arrests) employee at the city jail.

That means the city of Tybee Island is now out a police chief, a supervising corporal, two officers and a jailer, all because the officers apparently could not recognize autism and were overzealous with the use of a new Taser.

To be sure, the job of policing Tybee Island can be difficult: The city swings from sleepy-town off-season, to a summer of packed bars and beaches. But sworn officers are granted power and weapons in order to keep the peace. It is incumbent on police supervisors to instill the right training and proper mindset among street cops before they enter sometimes boisterous, sometimes belligerent crowds.

Aside from the personnel issues, a civil suit brought by Mr. Grevemberg is pending against the city.

That means Tybee must now foot the bill for searching out and training the new police officers and jail employees, on top of any damages the court might award the citizen victim.

The Tybee Police Department's lapse - Chief Price's lapse - could end up costing the city a pile of clams.

It's a warning Tybee's next police chief should take to heart.

Call for police watchdogs growing across Canada

July 27, 2010
Shannon Kari, National Post

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

---------

SIU FACTS

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

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

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

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

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

He'll always be 'Firman'

July 23, 2010
MEGHAN SANDBERG, The Enterprise-Bulletin

Aron's friend, Meghan Sandberg, provided this to his father after Aron's funeral service. She has provided her permission to republish it here [in The Enterprise-Bulletin].

During Aron's service when the opportunity was given for people to share their memories of Aron, dad nudged me and gave me his little finger wave in an effort to get me to share my memories of Aron--and more importantly my recent conversations with him.

Unfortunately my emotions did not allow me to do so, but as I wandered the house last night trying to console a sick baby, Doreen's words about Aron kept creeping into my head.

At first it was her words about the lack of sleep you endured during the first few years of his life (which, knowing Aron, probably happened again in his teen years). I began chuckle to myself. Then I began to think of both of your words, "he is my son," and Doreen's statement that she did not want him to be remembered for his illness--she wanted him to be remembered as she saw him, as you both saw him, as your child. A happy smiling boy.

When I think of this statement I think of the first conversation I had with Aron after high school. Since moving around the corner from Aron's house on St. Marie Street, I had seen him numerous times out walking, head down not making eye contact.

I, being like many people who had lost contact with him, assumed that he did not remember me--but one day, for some reason, I piped up and said "Hey Firman!"

Immediately his head rose and a beaming smile came across his face. He eagerly replied "Hey Meghan! How's it going?" That smile, when I think of it now, was, for lack of a better word at the moment, absolutely gorgeous.

Perhaps I caught him on a happy day where he just felt like smiling, maybe he was thankful that that awkward, "to say hello or not to say hello" dilemma was over (I know I was), or maybe he was happy to have the opportunity to caringly pick on me once again; whatever the reasoning behind that smile it definitely could have lit up a room.

After that day whenever I was out walking he walked with me. Some days it was only a block or two and others spanned an hour. This is where my "caringly picking on me" comment comes from.

When I entered Grade 9, Amanda and I began to hang out with Aron, Scott, Simon, Tim and Mike. Since we were all getting to know each other everyone was overly nice (Amanda and I no doubt thinking "cool we are hanging out with the Grade 10," and, as Aron so eloquently phrased it back then, the boys were trying to pick up the "fresh meat!"). Actually I should say that everyone was overly nice to each other except Aron and I.

Sure we were nice enough, but thanks to cottaging at the Mitchell's and numerous family gatherings he felt it was OK to pick on me a little, and I in turn had no problem telling him what I thought of his little jokes. After all I was "just Sandberg" to him, he could say whatever he wanted.

This relationship our walks. Aron's ability to change the topic of conversation 10 times in a five-minute walk brought this relationship back. If I got lost as to what we were talking about he would poke fun at me for being slow or tell me it was too complicated for me to understand anyways.

I would shout back "no" and try to justify my reasons for being lost-- which would only result in another change of topic (laughing out loud).

One day about six weeks ago while out for a walk with Hunter I was approached by a resident of the group home, hassling me for money. Having been approached before by this individual and having witnessed her hassle other people (but never when I was alone with Hunter) I was very agitated and attempting to hold my composure.

Just as I was beginning to feel overwhelmed, Aron walked out of the residence's back yard and told her to leave me alone. Of course she didn't but Aron didn't let her away with it. He raised his voice and told her to shut up and go home. He then walk with me in silence until Tim Horton's where he asked me if I was OK and then went in for a coffee.

As I sit and think about it now this may have been the last time I time I talked to Aron. After that day I did not walk past the residence alone and I only saw Aron from a far when Adam, Hunter and I walked by.

As some one who knew Aron both before and during his illness, I want to let you know that I will not remember him for his illness or for what has happened to him, or let it define who he was in my mind or the mind of anyone who speaks to me about him. I am happy that I had the opportunity to walk and talk with him this last year and to see what you already knew, he never changed.

To me he will always be "Firman."