Parents tell Taser inquest they hope son's death will bring change

July 19, 2013
Diana Mehta, The Canadian Press

MIDHURST, Ont. -- There's no doubt Aron Firman's death moments after he was Tasered by police was tragic -- all parties at the inquest examining the case of the mentally ill Ontario man agreed on that point.

But just how much of a role the electric stun gun played in the 27-year-old's death was the subject of much contention Friday before a jury retired to deliberate what's been described by Ontario's top pathologist as an "index case."

"There's clearly controversy around this case...specifically around the cause and manner of Mr. Firman's death," presiding coroner William Lucas said in his charge to the jury.

"The circumstances of the death of Mr. Firman have raised some questions."

Firman, a man with schizophrenia, died in June 2010 after an encounter with Ontario Provincial Police in Collingwood, Ont. Ontario's police watchdog cleared the officers of any wrongdoing, but said the Taser's deployment caused Firman's death.

Lucas suggested there were two possible ways to characterize Firman's cause of death -- "accidental," as Firman's family has suggested, or "undetermined," as Taser International has argued.

As he urged the jury to weigh all the evidence and testimony that has come before them, he warned the five-member panel not to resort to an "undetermined" cause of death as a matter of convenience.

"Finding a manner of death of "undetermined" should not be used simply as a means to avoid having to reach a conclusion which may be unpopular," he said.

The inquest, which has been sitting intermittently since April, has heard vastly different testimony from experts. Some have suggested that the use of a Taser on Firman was a key factor in his death. Others argued the stun gun had little to do with the fatality.

Firman's parents, who have maintained that their son would be alive if it hadn't been for the Taser, said they wanted his death to be a catalyst for change.

"I hope with all my heart that Aron's death will not be for nothing," father Marcus Firman said as he choked back tears. "My hope would be to come away from the inquest with a vision on how to go forward with dealing with mental illness."

Aron Firman was described by his father as a gentle, artistic and inquisitive man who was keenly aware of his "terrible illness." Both parents said their son's loss had left an aching void in their lives.

The lawyer for the Firman family suggested the jury deem Firman's death an accidental one in which the Taser was an important factor.

His argument was based largely on previous testimony from Dr. Michael Pollanen, Ontario's chief pathologist, who conducted Firman's autopsy and found the Taser was the "most immediate factor" in his death.

"If you find that the Taser was related in that death...the world will not end," lawyer Sunil Mathai told the jury.

"If you make that finding, you're not standing alone on that. You're standing with the chief pathologist of Ontario -- a man recognized worldwide as a leader in pathology."

Mathai also assured the jury that Firman's family was not seeking an eradication of Tasers.

"The family takes the position that Tasers have proper place in policing," he said. "This is not a Spanish Inquisition into Tasers. We are not seeking to remove them."

Meanwhile, the lawyer representing Taser International has suggested Firman could have died from cardiac arrhythmia brought on by "excited delirium" -- a condition sometimes cited as a cause of death in people using cocaine or those with severe mental illness.

David Neave urged the jury to label the cause of Firman's death as "undetermined."

"The preponderance of the evidence that is now before the jury is that the Taser played no role in his death," Neave told The Canadian Press outside the inquest.

"I don't think it's an index case...This case is not about Taser discharge. This case is quite frankly about the state of excited delirium that Mr. Firman was in and the medical conditions or medical changes that that syndrome causes."

The jury is now considering how it can characterize Firman's death and may put forward recommendations on what can be done to prevent similar deaths in the future. It is expected to return with a verdict next week.

The use of Tasers by police has come under increased scrutiny over the years, particularly in the high-profile death of Polish immigrant Robert Dziekanski, who died after he was Tasered several times during an altercation with RCMP officers at Vancouver's airport in 2007.

A public inquiry into Dziekanski's death has said multiple deployments of the Taser along with a physical altercation contributed to the circumstances that lead to Dziekanski's heart attack. The BC Coroners Service agreed with the conclusions of the inquiry.

Dziekanski's death led to a number of recommendations, which were implemented by all police officers working in British Columbia, including the RCMP. They included getting better training on Tasers, using the weapons only if there's a danger a suspect will cause bodily harm, and training officers in crisis management.

Firman's family made similar suggestions in 21 recommendations submitted to the jury on Friday.

They included asking the jury to recommend that Ontario Provincial Police provide annual, mandatory crisis intervention and resolution training, which would have input from mental health professionals and those with mental-health issues, and that the province appoint a co-ordinator for implementation of that training.

The family also wants the jury to recommend the OPP revise its use-of-force policy for conducted energy weapons so an officer is prohibited from using one unless satisfied that de-escalation or crisis intervention techniques haven't worked and no option involving less force will work to eliminate the risk of someone getting hurt.

A comment received today from "Gilbert"

I can’t believe the number of Canadian cops and even some coroners and judges who are still accepting Excited Delirium as a ‘cause-of-death’. Neither the CMA or AMA recognize it. Then the Braidwood Inquiry looking into the death of Robert Dziekanski blew the ED idea out of the water, as a concocted concept to help police explain away ‘unintended consequences’ during and after Taser incidents. Have you ever heard of ED mentioned in anything other than Taser-related fatalities?

Mother Jones published an eye-opening piece in 2009, right around the time when Taser International quietly announced in a training bulletin that officers should avoid chest shots because of proximity to the heart. That flies in the face of the claims made by the company a decade earlier, when its executives crowed about Tasers being safe to use on any assailant. Mother Jones reported the manufacturer’s questionable methods of promoting ED to anyone who would listen—mainly police and lawyers- through a second-party organization based in Las Vegas, Nevada! The article is a bit dated now, in that Taser has lost at least one other major product liability case- that being the late 17-year old Daryl Turner, who was stunned twice in the chest by a cop in North Carolina. The Turner family won a $10-million dollar jury judgement, although it was halfed on appeal. Taser was rapped for 'failure to warn' about cardiac risks; these are risks TI executives were told about in 2006 by one of their own scientists after one of their own healthy volunteers suffered a heart attack during a controlled experiment. Luckily a defib was nearby and the volunteer survived. They company kept selling product, only issuing the chest-avoidance warning in late 2009. That case set the legal precedent that Tasers can kill. Commissioner Braidwood concluded that too. And now, if you read the fine print you'll see TI itself is admitting its products can cause cardiac and metabolic changes that can lead to death.

Taser 'key factor' in Ontario man's death, says Ontario's top pathologist

Diana Mehta, The Canadian Press

Published Thursday, June 6, 2013 6:35AM EDT 

Last Updated Thursday, June 6, 2013 6:43PM EDT

MIDHURST, Ont. -- The death of a mentally ill man after he was Tasered by police three years ago was described as an "index case" by Ontario's top pathologist Thursday, as he identified the electric stun gun as a key factor in the fatality.

Dr. Michael Pollanen spent hours testifying at the inquest into the death of Aron Firman, a 27-year-old schizophrenic who died in June 2010 after an encounter with Ontario Provincial Police.

Pollanen called the incident "an accident" -- echoing a finding by Ontario's police watchdog that cleared the officers dealing with Firman of any wrongdoing.

"I have never seen a case where I was confident that you could link a Taser as factor in death, until this case," he told the five-member jury at the inquest.

"This is a first of its kind in Ontario."

Pollanen acknowledged there would be some who disagreed with his finding, particularly as the use of Tasers and their effects is still a growing field of study.

"There is unlikely to be entire uniform agreement on this case," he said. "But I would say it's too parsimonious to say the Taser was uninvolved in death."

Pollanen was careful to note, however, that while the Tasering of Firman was the "most immediate factor" in his death, it was not the only factor.

He described Firman's cause of death as "cardiac arrhythmia precipitated by electronic control device deployment in an agitated schizophrenic man."

But he also said Firman had a "moderately" enlarged heart -- though he did not have a specific heart disease -- and carried a gene which may possibly have made his heart more vulnerable to injury.

"The fatal outcome in this case likely presents the conjunction of many factors coming together at the same time," he said.

Pollanen made it clear he believed the use of Tasers by authorities had its benefits, and the electric stun gun's role in a fatality was rare, but nonetheless, he said, in some cases the use of a Taser does lead to death.

One possibility the chief forensic pathologist largely dismissed was a suggestion Firman could have died from a syndrome known as "excited delirium," which is sometimes cited as a cause of death in people using cocaine or those with severe mental illness.

A lawyer representing Taser International, which has standing at the inquest, took Pollanen to task on that point, arguing that Firman could very well have died due to excited delirium.

"I'm saying many factors of excited delirium are here," argued David Neave, who also said Pollanen had shown no objective published data which demonstrated that a Taser discharge can cause death.

For his part, Pollanen repeatedly told the inquest it was hard to determine the dividing line between severe agitation and excited delirium.

On that point, the lawyer for the Firman family argued that Firman had been severely agitated in the past but died after he was Tasered.

"It is the family's position in this inquest that if the Taser was not deployed and used on him, he would not have died," Sunil Mathai said outside the inquest.

Mathai added that the family agreed with Pollanen's noting of other factors which could have contributed to Firman's death, saying those elements contributed to "the susceptibility of his heart being captured by the Taser."

Firman's parents were present at Thursday's proceedings, as they have been throughout the inquest.

"It's been a very hard process for us to go through," Firman's father, Marcus Firman, told The Canadian Press.

"This is three years after the event and it brings everything back fresh."

The family is hoping that the inquest will lead to better guidelines around the use of Tasers by authorities and improved response techniques when police have to deal with agitated mentally ill people like their son.

The inquest began in April and was expected to hear from about 20 witnesses.

Aron Firman was a resident at a group home in Collingwood, Ont., at the time of his death.

A December 2010 report from Ontario's Special Investigations Unit said that on June 24 of that year two OPP officers responded to an assault complaint about Firman and found him sitting in a chair outdoors.

Both officers attempted to speak to "an agitated" Firman, according to the report. When they moved to apprehend him Firman got out of his chair and "moved aggressively" towards an officer, it said.

The second officer tried to intervene but was unable to do so as Firman hit her in the face with his elbow, said the report. Firman then moved toward the first officer who responded by discharging his Taser gun at him.

Firman was able to take a few additional steps before falling to the ground and losing consciousness, the report said. He was taken to an area hospital where he was pronounced dead.

In commenting on the case, the SIU director singled out the use of the Taser on Firman.

"In this incident, the Taser's deployment in my view caused Mr. Firman's death," Ian Scott said in his report.

While noting the responding officers had the authority to arrest Firman for assault and had not done anything wrong, Scott pointed out that the Taser is characterized "as a less lethal or intermediate weapon."

"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 use of Tasers by police has come under increased scrutiny over the years, particularly in the high-profile death of Polish immigrant Robert Dziekanski, who died after he was Tasered several times during an altercation with RCMP officers at Vancouver's airport in 2007.

A public inquiry in Dziekanski's death has said multiple deployments of the Taser along with a physical altercation contributed to the circumstances that lead to Dziekanski's heart attack. The BC Coroners Service agreed with the conclusions of the inquiry.

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.

(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."

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.

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.”

A Stronger, More Accountable Coroners System in Ontario

TORONTO, May 28 /CNW/ - NEWS

Ontario will soon have a more responsive, more accountable death investigation system in Ontario with the passage today of the Coroners Amendment Act, 2009. Passed today by the Ontario legislature, the Coroners Amendment Act, 2009, addresses the recommended legislative amendments in the report of the Honourable Justice Stephen Goudge's Inquiry into Pediatric Forensic Pathology in Ontario. When the new law comes into effect following royal assent, it will establish a framework to strengthen the death investigation system in Ontario.

Provisions of the new legislation include:
- The establishment of an oversight council for Ontario's death investigation system
- An improved complaints system under the oversight council
- The establishment of an Ontario Forensic Pathology Service
- A registry of pathologists authorized to conduct coroner's autopsies in Ontario
- Improved death investigation services to northern and First Nations communities.

QUOTES
"We have acted swiftly to deliver on our commitment to strengthen the province's death investigation system. The new legislation ensures we have the necessary checks and balances in place to ensure high quality death investigations that contribute to the safety of all Ontarians."
- Rick Bartolucci
(http://www.mcscs.jus.gov.on.ca/english/about_min/bio/bio.html), Minister of Community Safety and Correctional Services

"This legislation gives us the framework to build on the work we've already done to strengthen the system to ensure that the people of Ontario have confidence and trust in our system."
- Dr. Andrew McCallum(www.mcscs.jus.gov.on.ca/english/pub_safety/office_coroner/chief_coroner.html), Ontario's Chief Coroner

"The new law recognizes the importance of a professional forensic pathology service. We can now take the next steps towards delivering the consistent high quality service the people of Ontario deserve."
- Dr. Michael Pollanen, Ontario's Chief Forensic Pathologist

QUICK FACTS
- Ontario's coroners investigate approximately 20,000 deaths every year.
- Approximately 7,000 of those investigations require a post-mortem examination by a pathologist.
- The Coroners Act has not been significantly updated since the 1970s.

LEARN MORE
Learn more about Ontario's coroners
(http://webx.newswire.ca/click/?id=ffd15b98cfae243).
Read Justice Goudge's report and recommendations
(http://www.goudgeinquiry.ca/).

The CMHA weighs in on tasers

June 2008

Issue
Canadian Mental Health Association, Ontario is concerned about the use and safety of Tasers, as well as the propensity of law enforcement officials to deploy Tasers on people experiencing a mental health crisis or demonstrating signs of emotional distress.

Background
Conducted energy weapons (CEWs), commonly referred to as Tasers, were introduced to Canadian law enforcement agencies starting in 2001. Tasers are hand-held weapons that send a jolt of electricity intended to stun and temporarily incapacitate an individual's motor nervous system. The charge is delivered through a pair of wires, weighted with barbed hooks, that can be fired from up to 10.6 metres away and will penetrate clothing up to five centimetres thick.1

The Taser is one of several use-of-force weapons that police officers may use to subdue or restrain an individual, to reduce the risk of injury or death to both the individual and the responding officer. The Taser is often represented as an alternative to the use of lethal force by police.

According to a recent backgrounder by the CBC, Tasers are being used by 73 law enforcement agencies across Canada. Most mid-size police forces use these stun guns between 50 to 60 times a year on average, reports the CBC, based on figures compiled by the Canadian Police Research Centre.1 The RCMP has 2,840 Tasers and has trained 9,132 officers to use them. They have been deployed more than 3,000 times since December 2001, in either drive stun mode (when electrodes on the Taser transmit electrical energy on contact with a subject's body) or in full deployment (when darts are fired at a subject).2 Following a pilot study by the Toronto Police Service, Ontario's Ministry of Community Safety and Correctional Services approved the Taser for use by Ontario police services in January 2005. In 2007, Tasers were used 264 times in Toronto, in either drive stun mode or full deployment,3 up from 97 times in 2006.4 The Taser was used an additional 140 times in 2007 as a "demonstrated force presence," a deterrent measure where a spark is generated or the laser sighting system activated without any contact to the subject.

It is estimated that there have been 270 deaths worldwide, including 17 Canadian deaths, proximal to Taser use since 1999.5 It is not possible to accurately count deaths, as there is no independent central registry in existence to monitor incidents and adverse events, and there remains controversy, as there is no conclusive proof that Tasers directly cause death. Many police services, coroners and researchers are suggesting Taser-associated deaths may be related to a condition referred to as "excited delirium," but no conclusive evidence has yet been established. The Canadian Police Research Centre describes excited delirium as a potentially fatal state of extreme mental and physiological excitement that is characterized by extreme agitation, hyperthermia, hostility, exceptional strength, and endurance without apparent fatigue.6 This condition was first described as early as 1982, when investigators were examining unexplained deaths due to physical restraint by police.7 It has been hypothesized that excited delirium generates an extreme state of physiological arousal that places individuals at greater risk of death.

The symptoms associated with excited delirium, while not a true mental health condition included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), appear to be similar to some of the behavioural symptoms exhibited by individuals experiencing a mental health crisis.

Ontario's Use of Force Continuum
All police officers in Ontario must have basic training in use of force. The Ontario Use of Force Model (2004) directs that officers shall continuously assess each encounter and select the most reasonable option for action, relative to the circumstance.8 The use of force continuum provides guidelines to incremental increases in use of force. The five stages of the continuum are: officer presence, verbal communication, physical control, intermediate weapons (using non-lethal chemical, electronic or impact weapons on an individual) and lethal force (using any force likely to cause permanent injury or death).

Ontario's Use of Force Model does not make allowance or offer guidance to police officers when encountering individuals who may be experiencing a mental health crisis and by virtue of their condition may not appear cooperative, due to hallucinations, delusions or other symptoms. However, other options are available, and mental health crisis intervention is the preferred approach for police to de-escalate such encounters.

Excessive Use of Force
Complaints have been issued against the RCMP and other police services claiming deployment of Tasers to subdue or gain compliance. The Commissioner for Public Complaints Against the RCMP has identified that Tasers are being used to subdue resistant subjects who do not pose a threat, and has referred to this expanded and less restrictive use as "usage creep."9

In January 2007, the South Coast British Columbia Transportation Authority Police Service announced that it would arm police patrolling Vancouver's TransLink public transit system with Tasers.10 After reviewing ten cases of Taser deployment on the transit system, accessed under freedom of information legislation, the British Columbia Civil Liberties Association identified four cases where there appeared to be no significant threat to individual or public safety. One case involved the use of a Taser when the suspect attempted to flee for fare evasion.11 This practice is concerning and may set a precedent in other provinces.

Each police service in Ontario is currently governed by different protocols and policies concerning the number of times a Taser may be deployed. However, the Canadian Police Research Centre noted in their 2005 study that "...police officers need to be aware of the adverse effects of multiple, consecutive cycles of CEDs [Tasers] on a subject..."12


Taser Use Is Not Publicly Reported
There are no comprehensive national or provincial records regarding how many police officers are carrying Tasers. Most police services are not publicly reporting incidents involving Taser use and outcomes.

Amnesty International indicates that international standards and codes of conduct for law enforcement officials prescribe that the deployment of non-lethal weapons require standard evaluation and control of use protocols.13


Research on Tasers Suggests Caution
Research on the safety of Tasers has primarily been conducted on animals, rather than humans. When research has been conducted on humans, they have been deemed medically healthy. While Tasers may be used without injury on some individuals, there are vulnerable populations on whom Tasers should be used with caution. A 2004 review of Taser technology by British Columbia's police complaint commissioner indicated that risk factors for death by Taser include drug-induced toxic states (cocaine, alcohol, etc.) and "acute psychiatric decompensation."14

In reviewing the available literature, the Commission for Public Complaints Against the RCMP examining RCMP use of Tasers determined:

...that there is a distinct lack of research nationally and internationally that thoroughly examines the connection between CEW use, excited delirium and the likelihood of death. Medical research is still in the early stages of reviewing this condition. What little is known of this condition suggest the need for a more conservative course of action with respect to the deployment of CEWs against vulnerable populations (people experiencing mental health crises, those suffering from drug toxicity and those exhibiting symptoms of excited delirium). The research suggests that these populations have a higher likelihood of death, not necessarily as a result of the use of force or restraint employed, but because of the mental or medical condition of the person at the time of police intervention.15
A May 2008 review published by the Canadian Medical Association Journal contradicts previous assertions that "stun guns" manufactured by Taser International and others are unlikely to impact with deadly force. The authors reference three independent investigations that have found that stun guns may, in some circumstances, stimulate the heart and potentially result in adverse consequences.16 They recommend that additional research with human subjects is required.

This finding is especially significant given increased cardiovascular vulnerability among people with serious mental illness. People with a mental illness appear to be at greater risk of developing irregular heartbeats (arrhythmia)17 and coronary heart disease.18 In addition, people taking antipsychotic medication have been found to have a 2.4 times greater risk of sudden cardiac arrest and death.19

Crisis Intervention Approaches for People with a Mental Illness
Some people with a mental illness who are in crisis will come in contact with police officers. Section 17 of Ontario's Mental Health Act, R.S.O. 1990, gives police officers the authority to bring someone to a medical facility for assessment if the officer has "reasonable and probable grounds" to believe a person has acted in a "disorderly manner" if the person is believed to have a mental disorder, has threatened or attempted to harm themselves, has behaved violently or caused someone to fear bodily harm, or has shown an inability to care for themselves.20

A number of barriers have been identified that pose challenges to police dealing with people who have a mental illness.21 These include not having advance information from dispatch that the person may have a mental illness, or what they might expect upon arrival at the scene. More fundamentally, lack of adequate education about mental illness is a reality that impacts police officers' ability to carry out their work with this vulnerable population. Police require customized training regarding how to identify situations involving mental illness, as well as how to communicate and intervene so as to minimize the use of force and maximize the likelihood that individuals with a mental illness are able to access the services they require. Evidence suggests that identifying a specific group of police officers to receive training and respond to mental health crisis is most beneficial, as these individuals will then have the mandate to utilize and update their skills on a regular basis.22

Some police services in Ontario have received training and participate in mental health crisis intervention teams. These teams consist of police officers and mental health workers acting together to respond to individuals experiencing a mental health crisis. This partnering offers the expertise of both professions.

There are a variety of ways in which the police and the mental health system can work together to manage first-response situations, in which the police are called to deal with an incident involving a person who appears to be mentally ill:

Comprehensive advanced response model: all police officers receive training related to working with individuals with mental illness and are expected to be able to handle most situations.

Mental health professionals co-response model: mental health professionals from another agency with whom the police have some kind of working agreement would respond to a police call at the request of the police, generally after the police have responded and assessed the situation.

Mobile crisis team co-response model: the police and the mental health workers are co-employed, sometimes by having mental health workers employed by police services and sometimes by having police officers seconded to community mental health agencies.

Crisis intervention team (CIT): specially trained officers respond to problematic situations. These officers are assigned to other duties (such as traffic patrol) from which they may be pulled as needed.

Telephone consultation model: police have a toll-free number to a mental health unit or hospital psychiatry floor which is staffed 24/7, which they may call for advice and direction whenever there is an incident.23

The Canadian Association of Chiefs of Police has prepared guidelines for police programs and services for people with mental illness and the mental health system, that include, but are not limited to, developing effective and compassionate crisis response.24


Recommendations from the Canadian Mental Health Association, Ontario Regarding Conducted Energy Weapons (Tasers)

June 2008

A group of specially selected officers in every police service in Ontario be trained in mental health crisis intervention and other appropriate de-escalation techniques.
Police services in Ontario co-develop and participate in mental health crisis intervention teams to serve the needs of their community.

Police services in Ontario limit their use of Tasers to situations where the alternative would be use of deadly force. Tasers are only used as a last resort and after all other de-escalation techniques have proven unsuccessful.

Police services monitor and publicly report the incidence and outcomes of Taser use.
Independent research is conducted into the safety of Taser use, including the effects on persons experiencing a mental health crisis.

References
Canadian Broadcasting Corporation, "Taser FAQs," CBC News Online, May 13, 2008, www.cbc.ca.

Canada, "RCMP Use of the Conducted Energy Weapon (CEW): Interim Report," Commission for Public Complaints Against the Royal Canadian Mounted Police, December 11, 2007, www.cpc-cpp.gc.ca.

Toronto Police Services Board, Minutes of the Public Meeting, March 27, 2008, www.tpsb.ca.

Toronto Police Services Board. Minutes of the Public Meeting, April 26, 2007, www.tpsb.ca.

Bruce Stuart and Chris Lawrence, "Report on Conducted Energy Weapons and Excited Delirium Syndrome," Royal Canadian Mounted Police, October 29, 2007, www.rcmp-grc.gc.ca.

Drazen Manojovic et al., "Review of Conducted Energy Devices," Canadian Police Research Centre, Technical Report TR-01-2006, August 22, 2005, www.cprc.org.

M. Pollanen, D. Chiasson, J. Cairns and J. Young, "Unexpected Death Related to Restraint for Excited Delirium: A Retrospective Study of Deaths in Police Custody and in the Community," Canadian Medical Association Journal 158, no. 12 (1998): 1603-7.

Ottawa Police Service, "Use of Force Annual Report - 2007," February 19, 2008, www.ottawa.ca.

Canada, "RCMP Use of the Conducted Energy Weapon (CEW)."

Canadian Broadcasting Corporation, "SkyTrain Transit Police to Get Tasers," CBC News Online, January 22, 2007, www.cbc.ca.

British Columbia Civil Liberties Association, "Letter to the Office of the Police Complaint Commissioner for British Columbia, Re: TransLink Police Use of Tasers," April 17, 2008, www.bccla.org.

Manojovic et al., "Review of Conducted Energy Devices."

Amnesty International, "Canada: Inappropriate and Excessive Use of Tasers," International Secretariat, May 2007, www.amnestyusa.org.

British Columbia, "Taser Technology Review and Interim Recommendations," Office of the Police Complaint Commissioner, September 2004, www.opcc.bc.ca.

Canada, "RCMP Use of the Conducted Energy Weapon (CEW)."

K. Nanthakumar et al., "Cardiac Stimulation with High Voltage Discharge from Stun Guns," Canadian Medical Association Journal 178, no. 11 (2008): 1451-57.

J.G. Reilly et al., "QTc-Interval Abnormalities and Psychotropic Drug Therapy in Psychiatric Patients," The Lancet 355, no. 9209 (2000): 1048-52.

D.L. Evans et al., "Mood Disorders in the Medically Ill: Scientific Review and Recommendations," Biological Psychiatry 58, no. 3 (2005): 175-89; D.C. Goff et al., "A Comparison of Ten-Year Cardiac Risk Estimates in Schizophrenia Patients from the CATIE Study and Matched Controls," Schizophrenia Research 80, no. 1 (2005): 45-53.

W.A. Ray et al., "Antipsychotics and the Risk of Sudden Cardiac Death," Archives of General Psychiatry 58, no. 12 (2001): 1161-67.

Ontario, Mental Health Act, RSO 1990, c. M.7.

Canadian Mental Health Association, British Columbia, "Study in Blue and Grey. Police Interventions with People with Mental Illness: A Review of Challenges and Responses," December 2003, www.cmha.bc.ca.

R. Dupont and S. Cochran, "Police Response to Mental Health Emergencies: Barriers to Change," Journal of the American Academy of Psychiatry and the Law 28, no. 3 (2000): 338-44.

Canadian Association of Chiefs of Police, "Working Together - How?" Canadian National Committee for Police/Mental Health Liaison (no date), www.pmhl.ca.

Canadian Association of Chiefs of Police, "Contemporary Policing Guidelines for Working with the Mental Health System," Police-Mental Health Subcommittee, July 2006, www.pmhl.ca.

Witnesses called at the Coroner's Inquest of Jerry Knight

June 13, 2008

Michael Pollanen, MD, Pathologist
Laura Gorczynski, CFS, Toxicologist
Chris Lawrence, Ontario Police College, Team Leader
Melissa Lee, Paramedic, Peel EMS
Chung Cho, Civilian
Christopher Pancras, Civilian
Joey Rego, Constable, Peel Regional Police Service
Jamie Zohr, Constable, Peel Regional Police Service
Peter Cleary, Constable, Peel Regional Police Service
Amy Viaene, Constable, Peel Regional Police Service
Lisa Rumley, Constable, Peel Regional Police Service
Paul Noonan, Constable, Peel Regional Police Service
Graham Kolle, Constable, Peel Regional Police Service

Taser not to blame in suspect's death: MD

June 4, 2008
Michele Henry, Toronto Star

A Taser probably did not kill a boxer who "went crazy" in the foyer of a Brampton motel, Ontario's chief forensic pathologist said yesterday during the GTA's first inquest into a death linked to the device.

Within minutes of taking the stand, Dr. Michael Pollanen said there isn't much weight to the theory that Jerry Knight's heart stopped beating because an officer pressed a Taser to his back.

"I don't believe there's good evidence to support Tasers as a primary cause of death here," he said. "We need more research."

Pollanen, the only expert witness to testify on the inquest's first day, told a five-member jury Knight most likely died on July 17, 2004, from a lethal combination of being hogtied, face-down, on the ground while suffering from excited delirium.

Knight, 19, was found to have no vital signs only 26 minutes after he burst into the tiny foyer of the White Knight Motel, on Dixie Rd., acting erratically, pulling the fire alarm, smashing items and sending the clerk cowering into a corner.

Despite widespread controversy over use of the term, Pollanen believes excited delirium is an accurate description of Knight's frenzied mental state when he used his fists and teeth to resist arrest by up to 20 officers. People with ED exhibit extreme agitation, superhuman strength, paranoia and resistance to pain, he said. In Knight's case, neither pepper spray nor a Taser blast could subdue him.

Research and anecdotal evidence suggest that when people suffering from ED die in the care of police, Pollanen said, it is usually while they are restrained in a prone position with pressure on their chest that restricts breathing.

Evidence that suggests Knight's sudden death could have occurred without the Taser included pinpoint hemorrhaging in the whites of his eyes, caused when pressure is applied to the chest or neck; bruises; a fractured tooth; cocaine, known to cause ED, in his blood; and marks on his wrists and ankles.

Pollanen suggested that changing a restrained suspect's position, from prone to tipped on their side, might reduce the risk of death.

Crown attorney Michael Blain said police are expected to testify at the inquest about how officers are trained to use Tasers.

The inquest continues today.