Mounties using their heads to video crime, deal with suspects

May 16, 2011
By Jim Bronskill, The Canadian Press

OTTAWA — The RCMP like to say they always get their man, and soon they might have video of him, too.

The national police force is studying the use of head-mounted video cameras to record confrontations with suspects.

The move follows RCMP field trials in Kelowna, B.C., and Moncton, N.B., last year in which the force tested — and later rejected — other video devices.

Included in the trials were the Taser Cam, an accessory for newer-model stun guns made by Taser International, supplier to the RCMP, and the Vidmic, an audio-video recorder that attaches to an officer's belt radio.

During the pilot, 132 Vidmic video clips were recorded and the Taser Cam was used twice, say RCMP documents obtained by The Canadian Press under the Access to Information Act. In addition, several still photos were taken with the Vidmic.

The RCMP records show the devices didn't quite meet the force's needs.

Members "expressed concerns" with the Taser Cam because it began recording only when the stun gun's safety switch was set to the armed position, says an August 2010 report on the field trials.

It meant that, in one Kelowna episode, "a significant amount of communication and negotiation" with a man who tried to harm himself and threatened police was not captured on video, notes the report.

In that case, the Taser was not fired.

"Had the situation ended differently, with the subject not complying, the efforts made by the members to de-escalate the situation would not have been recorded," the report says.

Because the Vidmic was mounted on the member's vest or jacket, it was not always pointed in the direction the member was looking, says the report.

Officers also had technical concerns with the Vidmic, including the fact it beeped every few seconds when the battery was low.

"It was noted this could have officer safety implications if the members were conducting a silent approach on foot to an incident."

As a result, late in the trial, the force began looking at a head-worn camera that slips over the ear and connects to a portable mini-computer on the belt.

Ten Axon devices, made by Arizona-based Taser International, were tested only in off-duty settings, such as training, because the video recordings were downloaded directly to a site in the United States, posing potential privacy concerns.

"The members immediately reported that the Axon camera resolved the issues and limitations they had noted with the Vidmic," say the RCMP notes.

Though officers found the mini-computer "quite bulky," the Axon "warranted a more in-depth review."

Based on feedback from officers, the RCMP began new research last month focusing on the head-mounted cameras, said Sgt. Pat Flood, an RCMP spokeswoman.

No field trial is yet underway, she said. But the internal RCMP memos say funding has been set aside in anticipation of the next trial, which might include other police forces.

"If a further pilot is approved, the recordings will be housed in Canada," say the notes. "There is also opportunity to bring other law enforcement agencies in on the expanded pilot project as the server can house their data separately."

At least two other Canadian police forces have tested body-worn video devices. A report on the Victoria police department's 2009 trial found the technology provided "the best evidence possible" and that the video could be used in court. It also said officers' awareness of their surroundings increased, while public hostility and aggressiveness decreased.

Police tout video as a means of documenting their side of the story when conflicting accounts of an altercation arise. However, civil libertarians have warned that police use of video raises important questions about the citizens' rights.

The British Columbia Civil Liberties Association has argued that it's no coincidence a number of videos police misconduct have come from the public, not police.

A vivid example is the case of Robert Dziekanski — who died in 2007 after being hit with an RCMP Taser at the Vancouver airport — an episode recorded by a fellow traveller carrying a video camera.

The RCMP report recommends that future study of video look at data storage and retention, cost, training and recertification, and privacy-related concerns.

Report clears RCMP of wrongdoing in death of man Tasered and pepper sprayed

January 25, 2011
Jim Bronskill, The Canadian Press

OTTAWA - The watchdog over the RCMP says Mounties acted appropriately in the arrest of a British Columbia man who was hit with pepper spray, a baton and Taser stun guns before dying five days later.

In an interim report, the Commission for Public Complaints Against the RCMP says officers "acted reasonably" in subduing Robert Knipstrom during the November 2007 incident in Chilliwack, B.C.

Constables called to the scene "exercised their use of force options in a manner consistent with the law and RCMP policy," says the November 2009 report by then-complaints commission chairman Paul Kennedy.

However, the complaints commission had several concerns about breaches of protocol in the subsequent police investigation.

"It is difficult for both the police and the public to critically examine violent encounters between the police and a member of the public," the report says.

The Canadian Press obtained the commission's initial report under the Access to Information Act. The RCMP has yet to respond to the findings. Once it does, the commission will issue a final report.

The events began Nov. 19, 2007, when Knipstrom was allegedly involved in a hit-and-run accident in Chilliwack, the report says. He continued on to an equipment rental centre to return a machine.

A witness to the accident, meanwhile, apparently followed Knipstrom to the store and called the RCMP. Upon their arrival at the shop, Knipstrom was behaving erratically. He brushed past one of the officers and adopted a boxer's stance with fists clenched.

A constable tried to restrain Knipstrom, who was "pushing, punching and lunging" at the officer, the report says. The constable used pepper spray, a Taser and his baton, while a second one hit Knipstrom with pepper spray and a Taser — reportedly to little or no effect.

Eventually, backup arrived and Knipstrom was restrained and handcuffed. He was taken to hospital in Chilliwack but lost consciousness and did not regain it before dying Nov. 24.

The arrest occurred just days after the November 2007 release of the now-infamous video of Robert Dziekanski being zapped with a Taser at the Vancouver airport. The Polish immigrant's death prompted intense scrutiny of the potent police weapons.

The officers who arrested Knipstrom appropriately requested and obtained medical treatment for him, the report says.

A team of Mounties — none of whom knew any of the three members involved in the arrest — looked into the incident, consistent with force policy at the time. Since the Knipstrom report was completed, the RCMP has instituted a policy of no longer investigating itself in cases of serious injury or death.

The complaints commission report says all relevant witnesses were interviewed. However, it expresses concern that an RCMP staff relations representative — the closest thing the force has to a union representative — was allowed to meet with officers before they made statements about the events.

In addition, early on in the probe, one of the constables involved in the arrest was assigned to interview the two main civilian witnesses, creating a conflict of interest.

The report also takes issue with the fact a number of interviews were conducted by another Mountie of the same or lower rank. It recommends that all interviews of members involved in serious incidents be conducted by officers of a higher rank to avoid the potential for intimidation of the investigator.

Still, the complaints commission says there was no evidence to support a prosecution of the officers, and it was reasonable for the RCMP not to submit a report to Crown counsel for review.

Tasered and hog-tied correlates with death in custody: RCMP watchdog

December 12, 2010
Jim Bronskill, The Canadian Press

OTTAWA—The watchdog over the RCMP is urging the police force to clearly tell officers not to hog-tie people after finding the generally forbidden technique was used in 40 per cent of cases in which someone died after being hit with a Taser stun gun.

A new report by the Commission for Public Complaints Against the RCMP also reveals “a number of instances” among the 10 deaths where members who fired the Taser were not certified to use the powerful weapon.

The hog-tie involves binding both the hands and feet behind a person, then linking them with rope or other such restraint.

The report recommends the Mounties better train officers on identifying, dealing with, and using force on the mentally ill and those with drug and alcohol problems.

“Many of the individuals had pre-existing medical conditions and a significant number of individuals were confirmed to have had a history of mental health problems,” says the report by complaints commission chairman Ian McPhail.

It also advocates detailing all deaths in police custody in a national database, which could improve understanding of risk factors and prevent future fatalities.

The Canadian Press obtained a copy of the commission’s interim report, completed in late July, under the Access to Information Act. A final report will be issued following feedback from RCMP Commissioner William Elliott.

Tasers can be fired from a distance, felling suspects with high-voltage bursts through sharp probes that dig into the skin, overriding the central nervous system. They can also be used up close in touch-stun mode, likened to leaning on a hot stove.

In an effort to see common threads, the commission looked at the 10 cases, spanning 2003 to 2008, in which someone died in RCMP custody after a Taser had been used. Six of the deaths occurred in British Columbia, with one each in Alberta, New Brunswick, Nova Scotia and Yukon.

The commission examined 50,000 pages of material related to the cases to come up with “a very general overview” of the people who died, namely:

A male who was initially unarmed;

A suspected or known user of a drug, most often cocaine;

Highly agitated; and

With pre-existing medical conditions, most likely cardiovascular in nature.

The use of the Taser most likely involved a police response to a disturbance call, was fired in both touch stun and probe modes, and involved three to four members.

The complaints commission generally found that relevant Taser policy was followed. But it noted the hog-tie was “still being readily used” to restrain people after stun gun firings despite being prohibited by the RCMP in 2002 with only specific exceptions.

The report says given that a number of autopsy reports listed body position as a preceding circumstance or contributing cause of death, the RCMP “ought to ensure that members understand the potential impact of using prohibited restraint mechanisms.”

It recommends the RCMP “develop and communicate to members clear protocols on the use of restraints and the prohibition of the hog-tie, modified hog-tie and choke-holds.”

The commission also found the RCMP’s “In-Custody Death” form — intended to capture information about the circumstances of a fatality — was not completed in eight of the 10 cases.

A separate Mountie Taser use form was filled out in seven cases, but many were completed “a significant time after the incident.

In addition, the information on file was often too limited to determine what officers did to try to de-escalate confrontations.

Continued employment of the hog-tie and the fact a number of officers weren’t qualified to use a Taser are reasons for concern, said Hilary Homes of Amnesty International Canada.

“I think this is a good example of why you need to have strong minimum standards.”

David Eby, executive director of the British Columbia Civll Liberties Association, wondered why it took an Access to Information request to dislodge the report. “This is important information that should be available widely.”

The RCMP said it would be inappropriate to comment on the interim report before the commissioner’s formal response is sent to the complaints body.

In May, the Mounties introduced a new Taser policy, saying they would fire stun guns at people only when they’re hurting someone or clearly about to do so.

The directive mirrored a recommendation from former judge Thomas Braidwood, head of a B.C. public inquiry on Taser use prompted by the 2007 death of air passenger Robert Dziekanski at the Vancouver airport.

Civil liberties group sues Albany over Taser policy

September 1, 2010
By JORDAN CARLEO-EVANGELIST, Times Union

ALBANY - The New York Civil Liberties Union is suing the city police department over its refusal to release a complete copy of its policy for the use of electric stun weapons known as Tasers.

In refusing to release a copy without some information blacked out of the policy, Albany joined Saratoga Springs as the only two of 10 departments polled statewide to do so, the civil liberties group asserts in its suit, filed Wednesday in state Supreme Court in Albany.

NYCLU already sued Saratoga Springs over its refusal and eventually and received an unredacted copy of that city's policy, said Melanie Trimble, director of the NYCLU's Capital Region Chapter.

According to the suit, state Supreme Court Justice Thomas D. Nolan Jr. ruled there was "no basis" for Saratoga Springs' refusal to release its entire policy.

"The public has every right to complete information on the Police Department's use of Tasers," Trimble said in a statement announcing the lawsuit.

The group said it made its Freedom of Information Law request in January, which was seven months before Police Chief Steven Krokoff was sworn into his current job. At the time, Krokoff was serving as deputy chief and the department's interim leader.

In partially denying the group's request, the city cited an exemption that allows it to withhold information that might threaten the safety of officers or the public, the lawsuit says.

One of the few exemptions to state FOI law allows records to be withheld if their release "could endanger the life or safety of any person."

Releasing the full policy, the city contended in its denial, "would lead to the perpetrators attempting to evade or thwart a police officers (sic) ability to perform his/her duties."

NYCLU, however, contends the city "did not provide any factual or evidentiary basis for its conclusion."

Assistant Corporation Counsel Jeffery Jamison acknowledged that the city had partially denied the group's request but said he had not yet been served with a copy of the lawsuit.

"We have tried to be as open as we can with every FOIL request, and we have tried to release everything single document that is possible," Jamison said, "but at certain times there are exceptions that apply."

RCMP 'apology' to Robert Dziekanski's mother not for anything specific: internal e-mail

June 16, 2010
CHAD SKELTON, VANCOUVER SUN

REUTERS VANCOUVER -- One day before RCMP Deputy Commissioner Gary Bass publicly apologized to Robert Dziekanski's mother for the Mounties' role in his death, Bass emailed an RCMP member assuring him the apology did not mean the force was sorry for anything specific its officers did.

"Even though the word 'apology' worries some, we are not apologizing for the actions of specific members or saying anything about specific actions," Bass wrote in a March 31 e-mail to Brian Roach, a staff relations representative with the force. "I am apologizing for the loss of her son and where the [RCMP Commissioner] says we could have done better, from my perspective, that relates to the fact we had to revise our policy and training. ... Let me know if I can explain any further as it is important the membership gets the right message as to what we are trying to do [here]."

The day after the e-mail was written, Bass appeared at a news conference to announce the RCMP had reached an out-of-court settlement with Dziekanski's mother, Zofia Cisowski.

"Your son's death is a tragedy and for the role the Force played in this tragedy, we offer our sincere apology," Bass said in a prepared statement at the news conference. "There are no words to express how sorry the RCMP is about your son's death and the pain this has brought."

Bass' internal e-mail from the day before was released by the RCMP on Wednesday in response to an Access to Information Act request.

The Vancouver Sun has asked the RCMP for comment on the e-mail.

Dziekanski, 40, died on Oct. 14, 2007, after being Tasered five times by four RCMP officers responding to a 911 call at the airport.

His death prompted a public inquiry and a nationwide debate around the controversial stun gun.

Meanwhile, the Braidwood commission of inquiry's final report on Dziekanski's death will be publicly released Friday.

The report was completed last month and submitted to the attorney general.

Copies have been printed and will be released during a news conference at the Morris J. Wosk Centre for Dialogue in Vancouver at 10 a.m. Friday.

The first report was released last year and examined the use of Tasers - known as conducted energy weapons - by police, sheriffs and corrections staff in B.C. The second phase of the inquiry focused on the events surrounding Dziekanski death.

B.C. transit police release video of taser incidents

March 6, 2010
CBC News

Metro Vancouver's Transit Police Service on Friday released video of nine incidents in which its officers deployed Tasers in response to a CBC freedom of information request.

CBC originally requested videos of 10 incidents from 2007 and 2008 in which transit police used stun guns while making arrests.

According to police, an independent investigation by B.C.'s Office of the Police Complaint Commissioner has since concluded that in nine of the incidents, the person who was hit with the Taser either assaulted or actively resisted the officers before police used the stun gun. The commissioner's finding cleared the way for the police to release videos of those incidents, transit police Insp. David Hansen said.

One other case remained under investigation, so the video of that was not released.

Four of the incidents involved people who were initially stopped for fare evasion, but police say that in each of those cases, the person was resisting arrest or assaulting an officer before the Taser was deployed.

All of the incidents happened in 2007 or 2008, when police policy allowed officers to use stun guns when dealing with "non-compliant" individuals. They were recorded either by cameras on the weapons themselves or transit surveillance cameras.

Transit police policy has since been re-worded to restrict officers to using the stun guns only when dealing with someone who is "actively resistant."

Police also said that since the change, there has only been one incident in which transit officers used a Taser, and that case involved a man armed with a butcher knife.

Public scrutiny of the use of Tasers grew following the death in October 2007 of Robert Dziekanski, who died after being stunned several times by RCMP officers at the Vancouver airport.

CAJ Code of Silence Award

The nominations have been announced for the Canadian Association of Journalists' Code of Silence Award, which "recognizes the most secretive government, department or agency in Canada." Among other deserving nominees is this nomination:

"The RCMP, its partner organization the Canadian Police Research Centre and police forces across Canada that refuse to divulge information about Taser use. Municipal police forces have frequently refused to release information about Taser use, and the RCMP has been uncommonly secretive since the death of Polish immigrant Robert Dziekanski. Calls to the RCMP are vetted through the communications office in Ottawa, which routinely ignores requests for information, refuses to release documents that ought to be public and forces journalists through lengthy battles to gain access to data and reports on Taser safety."

The winner will be announced Saturday at the CAJ's annual awards gala.

Norfolk (England) police defend use of Taser guns

This is OUTRAGEOUS!!!! The Norfolk police's argument to justify their refusal to release the number of tasers in their arsenal is absurd and the rest of their statements add up to dangerous propaganda.

Here in Canada, we call the phenomenon of increased taser deployments "usage creep." This is all pretty new in England and the police there have a lot to learn about taser transparency ... they won't make any friends in the public with this attitude. As the fellow quoted says: "... if they use them more it could even increase gun crime, because people will feel they need more to protect themselves against the police."

Indeed.

April 29, 2009
LUCY BOLTON, Norwich Evening News

Norfolk police today defended the use of controversial Taser guns, after new figures revealed officers were being sent out with them three times as frequently as just two years ago.

But police refused to reveal how many Taser guns they possess, rejecting a Freedom Of Information request on the grounds the release of that information would be “inappropriate”.

Used as a weapon by officers to deal with violent or armed people, Tasers are now becoming a more frequent tool in tackling crime.

In 2008/09 Tasers were deployed - which means sent out with an officer when investigating a crime - 405 times and discharged 11 times, compared to 2007/08 when they were deployed 167 times and discharged nine times. In 2006/07 they were deployed only 134 times and discharged twice.

Tasers are a pistol-like device which uses an electrical current to stop a person in their tracks by causing their muscles to contract uncontrollably.

The device uses compressed air to fire two electric shots at the person for five seconds with a 50,000-volt charge.

Norfolk police chiefs today justified the increased use of Tasers as an “effective tool designed to diffuse high risk situations for dealing with violent people.”

Used by specially trained firearms officers, the force started using the controversial guns in 2005 and has just been issued with an extra 75 by the Home Office, costing £1,000 each, a Freedom of Information request revealed.

But the force refused to reveal how many of the devices they have in total. A spokesman said the force had decided it was not in the public interest to release that information, despite acknowledging the ongoing debate about Taser use.

A spokeswoman said: “The information could be interpreted so widely, as is evidenced by previous reports and articles, that it would be detrimental to public engagement in policing issues rather than make a positive contribution.

“Of significant concern is the potential for those intent on committing crime to use this information to determine that Norfolk is a county where they are less likely to encounter the use of Tasers, thereby encouraging them to commit crime in the county, or more likely to encounter the use of Tasers, thus encouraging them to arm themselves.”

Deputy Chief Constable Ian Learmonth said: “Our priority is to support officers working on the front line and the Taser is an effective tool designed to diffuse high risk situations and for dealing with violent people.

“Trials have shown that effective use of the Taser ultimately reduces the risk to officers, offenders and members of the public.”

Mark Buckby, 50, was stunned by one of the guns when police raided the Romany pub in Colman Road last year. He was arrested but charges were later dropped.

Mr Bucky, from South Park Avenue, said: “Taser guns should only be used in response to situations where people are armed. I think that if they use them more it could even increase gun crime, because people will feel they need more to protect themselves against the police.”

Have you had a taser gun used on you? Call Lucy Bolton on 01603 772429 or email lucy.bolton@archant.co.uk

Feds told RCMP to consider skipping Taser inquiry

February 25, 2009
Chad Skelton, Canwest News Service

VANCOUVER - Senior RCMP officers were advised to consider skipping the Taser inquiry into the death of Robert Dziekanski because B.C. has no authority to investigate a federal police force, according to internal e-mails obtained by the Vancouver Sun.

However, Deputy Commissioner Gary Bass, the RCMP's top cop in B.C., dismissed the idea, saying the force should voluntarily participate, regardless of jurisdictional concerns.

"Frankly, I don't care what Ottawa's position on it is at this stage," Bass wrote in an e-mail on Feb. 19, 2008, the day after B.C. Attorney General Wally Oppal announced the inquiry. "The provincial force will co-operate."

In an interview Wednesday, RCMP spokesman Sgt. Tim Shields said Bass's reference to Ottawa referred to the Department of Justice, which advised the Mounties they were not legally required to attend.

Two weeks before Bass's e-mail, on Feb. 1, 2008, B.C. RCMP Chief Supt. Dick Bent - deputy head of criminal operations - sent an e-mail to federal Deputy Commissioner Bill Sweeney, the RCMP's second-in-command in Ottawa.

The e-mail, obtained by the Vancouver Sun through the Access to Information Act, outlined Bent's concerns about the RCMP participating in a provincial inquiry.

"The obvious question is with respect to the jurisdiction of the province to have an enquiry into any federal government agency/department," Bent wrote.

The e-mail, which was copied to Bass, noted that Bent had recently had a meeting with RCMP Complaints Commissioner Paul Kennedy when the issue of jurisdiction came up.

"It was Paul Kennedy who said that there are a number of court cases which are clear that the provinces have no authority to investigate or hold enquiries into federal departments," the e-mail said. "He went on to say that it is his belief that even if we wished to co-operate, that the RCMP, or any other government entity, may not be able to waive that jurisdictional issue."

Bent closed his e-mail by writing: "Part of me feels that we need to be as transparent and co-operative as possible and hate to be seen as saying, ‘Sorry province, but you don't have jurisdiction.' " However, he added, "There are, as you well understand, larger issues here which potentially affect other federal government agencies, not just the RCMP."

Despite those concerns, Bass ordered the release of a statement the day after Oppal's announcement, confirming the RCMP would co-operate.

In an internal e-mail attached to that statement, Bass wrote: "I think we should avoid any legalistic jargon which leaves any room for suggestion that we may opt out at some point or under some circumstances."

Shields said Wednesday that Bass was always committed to participating in the inquiry, and Bent's e-mail was meant only to outline the legal issues involved.

"There was never a question that we would not participate," he said.

Shields added it is the B.C. RCMP's policy to participate in any provincial inquiry it is asked to attend.

"Technically, as it's written under the law, because we're a federal agency, we (don't) have to participate," he said. "But we . . . have a moral duty to be transparent, open and accountable to the citizens of British Columbia."

Saskatchewan police will alert public to taser use

February 5, 2009
By Canwest News Service

SASKATOON — The Saskatoon Police Service will notify the public every time an officer uses a Taser.

Police Chief Clive Weighill announced the change in a letter to Canwest News Service and a followup interview, responding to a request for police records of all incidents in which Tasers have been used.

“We reviewed how we do business and we thought it would be a good idea to let the public know anytime we use a conducted energy device,” Weighill said in an interview. “It’s a controversial topic and the public should know when they’re used properly and, if they’re deployed and there’s a problem, they should know about that as well.”

The Saskatoon Police Service has two Tasers, which only the emergency response team uses.

The Saskatchewan Police Commission is reviewing the use of Tasers by the province’s 14 municipal and First Nation police services.

Weighill said he would like all front-line officers to carry Tasers. “Any way we can help our officers make a decision where they don’t have to use lethal force is better for all of us,” Weighill said.

In his Jan. 29 letter, Weighill said he won’t release the police records themselves because they contain names of officers and witnesses as well as information about police tactics.

EDITORIAL: We'd welcome fuller disclosure

January 21, 2009
THE GUELPH MERCURY

To the RCMP it was known simply as Occurrence No. 2007-34748. But in the form in which the document was publicly released to two major national media organizations last year, it was difficult to get a full picture of exactly what had occurred.

Through liberal use of a blackout pen, the name and rank of the police officer involved in the incident and the name of the officer's supervisor were among the pertinent details deleted. Also deleted was the name of Robert Dziekanski, whose death in a Tasering incident at Vancouver International Airport in 2007 provoked a national debate about the use by police of these controversial electronic stun guns.

The absurdity of deleting the Polish immigrant's name from an official police report into his death -- a report that was pried loose by The Canadian Press and the CBC through access to information legislation -- brought loud complaints from opposition MPs and human rights groups, who criticized the Mounties for suppressing key details about Taser cases.

Fewer complaints have been voiced following the release of an annual national freedom of information audit commissioned by the Canadian Newspaper Association, part of which related to police reports about Taser use.

The association, a non-profit organization that represents all of Canada's daily newspapers, set itself an ambitious goal: to seek the release of all reports prepared by officers at various Canadian police agencies during 2007 and 2008 related to the use of Tasers or similar electronic control devices.

Not surprisingly, only five per cent of those requests resulted in full disclosure. The Guelph Police Service was not among them.

Now let's make it clear -- Guelph Police do a better job than many of their counterparts when it comes to conveying information on Taser cases.

The Guelph force reveals details of Taser incidents its officers are involved in through summaries that are released quarterly -- and publicly -- at police board meetings. And we've reported on what's contained in those summaries.

But that's what they are -- summaries, a distillation of the official reports filled out by police officers about specific incidents. We're assured by the department that the summaries are more than a precis of an incident and that they contain "all of the details" -- with some notable exceptions.

Not included for public edification is the name of the officer who used the Taser, the name of the person who received the electronic jolt, or the exact date or time of an incident. Guelph Police say they are precluded from releasing those details under provincial privacy legislation -- which echoes the response from the RCMP in the case of the heavily censored four-page form related to the death of Robert Dziekanski.

But censored or not -- and the Mounties later apologized for the excessive secrecy surrounding its use-of-force Taser reports -- that RCMP document was released following a freedom of information request.

In the Canadian Newspaper Association audit, the responses to requests for the release of those so-called field reports ranged widely, from outright refusals to the release of the reports with key information, such as the names of those involved, removed prior to release.

This is an issue of public accountability. There's no reason for some Canadian police forces to feel it's their duty to release these reports, however censored they are, while others feel they can only safely release summaries of those reports.

Full reports, even with large sections blotted out because of privacy concerns, have the potential to provide the public with a fuller context and a better picture of how Tasers are used.

That's vital as the debate continues about when and how police use them -- or whether they should be used at all.

Law enforcement re-examines taser

January 17, 2009
Lori Culbert, Vancouver Sun

The death of Robert Dziekanski at the Vancouver airport threw police use of Tasers under an international spotlight, one that will glare even brighter when the Braidwood inquiry reconvenes Monday.

And Paul Kennedy, the RCMP's civilian watchdog, announced this week he has launched an investigation into the deaths of Canadians who were Tasered by police officers.

But police are not the only officers armed with the electric stun guns. The controversial weapons are also carried by Transit police -- who were criticized last year for using Tasers on fare evaders -- as well as corrections guards and court sheriffs.

Through a Freedom of Information Request, The Vancouver Sun obtained copies of reports sheriffs were required to fill out each of the 143 times they threatened to use or deployed a Taser since getting the weapons in October 2001.

In some cases the Tasers were used according to policy, such as to immobilize combative people while escorting them from jail to court, or dealing with them in courtrooms or courthouse cells.

In other cases, the Tasers appear to have been used by sheriffs to gain compliance from people who were unruly, but usually unarmed and occasionally handcuffed or behind bars.

B.C. Attorney-General Wally Oppal, whose ministry oversees sheriffs, maintained the 29 times B.C. sheriffs actually fired their Tasers were under "fairly strict circumstances," requiring an intermediate use of force -- more than pepper spray and less than a gun.

He argued sheriffs have been more cautious than police in their use of the stun guns. However, he conceded that some lessons have been learned as many law enforcement agencies have been re-examining the most appropriate use of the Taser.

Ministry officials say their policy was under review even before Dziekanski's October 2007 death and has been changed "to ensure the Taser is not used as a force option to compel compliance when there is no assaultive or combative behaviour."

The change is intended to be consistent with recommendations made in December 2007 by Kennedy, the RCMP's public complaints commissioner, who reviewed the weapons and urged a restricted use of them.

"The controversy that is presently swirling around this issue hasn't really escaped our policy makers in the ministry, as far as sheriffs are concerned," Oppal added.

Kennedy's new review will specifically examine the cases in which a person died after being Tasered, whether police complied with policies when using the weapon and whether those policies are adequate.

At least 25 people in Canada have died after being Tasered by police between 2001 and 2008. About 10 of these deaths involve the RCMP.

The sad case of Dziekanski, who died after being shocked five times by the RCMP, put a partial "chill" on the use of Tasers, Oppal said. That is not entirely a bad thing, he added, as it has allowed law enforcement agencies to reflect on Taser use.

"The last thing we need is to have an overuse of Tasers where their use is not appropriate," Oppal said.

Deployment reports obtained by The Sun show sheriffs relied on Tasers 143 times between October 2001 and June 2008, when The Sun filed its FOI request. Sheriffs threatened to use the Taser 13 times, drew the weapon 19 times, activated its sensor beam 82 times, and deployed it in 29 cases.

Use appears to have peaked in 2006, falling slightly in 2007 and more noticeably in 2008.

The following are highlights of a few cases based on sheriffs' written reports. (The names of the inmates and sheriffs, as well as the locations of the incidents, were blacked out in the reports provided to The Sun):

n A violent inmate was put in leg irons and handcuffs, but resisted when sheriffs tried to attach a box over the cuffs' lock. Sheriffs tried to reason with him and Taser warnings were given, but he retreated to the back of the cell and swore.

"He was in a confined area of the cell near the toilet and bench and there was limited room to apply a control tactic. The situation did not warrant the use of OC spray or an impact weapon," the sheriff wrote in his 2006 report. Taser darts were fired into the inmate's left arm and activated for five sections. A senior sheriff later wrote that the actions taken were appropriate because "the Taser provided the least violent means of controlling [the inmate's] escalating behaviour."

It appears from the reports that three other people have been Tasered by sheriffs while wearing handcuffs since 2001.

n A bipolar prisoner, with a history of overdosing, was ripping up his jail blanket, which sheriffs tried unsuccessfully to take away so he couldn't make a noose. He was warned he would be Tasered but "bundled the blanket in front of himself so as to avert the Taser," one sheriff wrote in 2002. Another sheriff's report said: "I told him that I was going to Taser him at this time if he did not comply, he did not answer. I then Tasered [the man] in the back on the left side of his body, he then fell onto the bench." The inmate apologized and said he didn't want to repeat the pain. He had one Taser probe removed in hospital.

n A prisoner inside his cell swore and threw punches towards a sheriff, and then fought with another inmate. The sheriff warned that the Taser would be used, but the first prisoner continued to assault the second inmate. Two Taser probes hit the man in the back and he fell to the ground. The prisoner's rib cage, which he said he had injured in a recent fall, was "quite sensitive to touch," the 2003 report says.

n A prisoner, who was upset he couldn't keep his 11 shirts with him, knocked the lights out in his cell and refused to move to a lighted cell. The man, who had a history of assaulting an officer and resisting arrest, ignored several orders to kneel on a bench so restraints could be applied. The report said he instead sat on the bench, despite multiple warnings that he could be Tasered.

"I recognized [the man] as a high-risk resister at this time and because of the recent actions and history of the accused, I firmly believed that he would become an assailant," a sheriff wrote in 2003. He was shocked, falling to the floor in the fetal position. Leg irons were put on, but the man refused to put his arms behind his back for handcuffs, so he was zapped again. One probe was removed from his chest in hospital. A sheriff punctured his thumb while moving the other probe, and took precautions against Hepatitis C.

n A man put his hands around the door handle of his cell to avoid being handcuffed, and ignored Taser warnings as he swung his body and legs so two sheriffs could not bring him to the ground. The man was zapped in the thigh, but did not stop kicking. "A second contact stun was applied to [his] stomach area. [The man] seemed to not be effected by the Taser. A third contact stun was applied to the groin area," a sheriff wrote in 2008. "[The man] was sweating profusely. He stated that he did not want to get Tasered again." A nurse concluded he had no injuries other than a small cut on his face.

The reports indicated there were two other incidents in which sheriffs had Tasered someone three times, and eight when they had been shocked twice.

n An in-custody prisoner escaped from a Port Coquitlam courtroom, kicked a sheriff, and ran to a parking lot and jumped into a car. Several sheriffs tried to pull him out of the car but he resisted, despite warnings he would be Tasered. The man was shocked twice before sheriffs could handcuff him. The prisoner was taken to see a doctor, but no injuries were documented.

There were no reports of deaths following tasering by a sheriff in B.C.

Among the most serious injuries were those suffered by Jeff Janco, who had two broken ribs and a punctured lung after struggling with sheriffs in the Abbotsford courthouse.

In media interviews after the 2003 incident, Janco said he was agitated by a bipolar condition and was kicking his cell door and yelling when he "was almost killed" by the sheriffs.

A 2005 internal review found the sheriffs' actions "justified and appropriate" because Jano had created "an extraordinary and very difficult situation." That conclusion was dismissed as a "self-serving" by Janco's lawyer Don Morrison, B.C.'s former police complaints commissioner.

The report filled out by the sheriffs involved in the incident agreed Janco had been kicking and yelling in his cell. But it went on to suggest he "lunged" towards four sheriffs who came into his cell to put him into restraints, kicking two of them and elbowing one in the head. He was warned several times he would be Tasered, and was zapped twice. He was in handcuffs for at least one of the shocks.

Although an internal review of the Janco case cleared the sheriffs, it also produced several recommendations that ultimately led to B.C.-wide improvements in communications between sheriffs, police and corrections, and better training for interacting with disruptive prisoners who may be having a crisis.

Janco, however, has filed a civil suit against the Ministry of the Attorney-General, alleging he was battered by the sheriffs in an unprovoked attack. The ministry has denied wrongdoing, and the case is before the courts.

David Eby, executive director of the B.C. Civil Liberties Association, was aware of another case that raises questions about appropriate use of force: In 2006, a TV camera filmed four sheriffs kneeling on a man and tasering him outside provincial court in Vancouver, as he appeared to be screaming "I can't breathe."

"The sheriffs have a tough job, but there are concerns about four sheriffs not being able to subdue someone without using a Taser," said Eby, a lawyer formerly with the Pivot Legal Society, which has raised repeated concerns about officers' use of Tasers.

The sheriffs' report on this incident says the man was homeless and known to be violent, and that a female sheriff was given a Taser and told to watch him inside a courtroom. The man became upset when his bail conditions were varied, and a sheriff escorted him outside to be released. However, the man became combative and the female sheriff gave a warning before firing the Taser probes, which did not fully penetrate the man's skin.

The struggling man curled up in a fetal position and refused to release his hands despite more warnings. A male sheriff leaned on him and zapped his back twice.

Eby was optimistic the inquiry into taser use -- headed by former judge Tom Braidwood -- will provide recommendations for standards of use and testing of the weapons.

"Hopefully when that report comes out, that will give the province and the police some guidelines about how to improve their policies," he said. "We feel they should only be used as a weapon of last resort, that is, short of using a gun."

B.C. sheriff services superintendent Paul Corrado said last year at the Braidwood inquiry sheriffs would not use the Taser for compliance, but as a weapon of control when other options are inappropriate.

Corrado also testified that sheriffs were led to believe that the weapon poses no safety risk.

"What source has led you to believe that?" commission counsel Patrick McGowan asked.

"The manufacturer, Taser International," Corrado replied.

Oppal said he doesn't believe there is zero safety risk, arguing that the province did not merely take the manufacturer's word on risks, but tried to balance how the weapon should be used.

While testifying, Corrado identified a 2007 case on the Sunshine Coast as a good example of Taser use by sheriffs who controlled an aggressive man in the Sechelt courthouse.

According to the report about that incident, a man became upset after he was remanded for a psychiatric assessment. A sheriff grabbed his right arm and another sheriff took his left arm, but the man struggled and half-dragged both sheriffs across the room. Three Mounties and a guard arrived, but the six officers could not get the man's hands behind his back.

He was warned and then shocked twice. "[He] began to resist again. I said hit him again but [he] complied and allowed himself to be cuffed so [the sheriff] did not have to apply the Taser for a third time," the report said. The man complained of chest pains and an elevated heart rate, and was given X-rays in the hospital.

Dean Purdy, who specializes in corrections and sheriffs' issues for the B.C. Government Employees Union, said Tasers have been beneficial to sheriffs facing increasing levels of violence -- a result of more mentally ill inmates, more gangs, more potent drugs, overcrowding in jails and younger offenders.

He said the majority of B.C.'s 440 sheriffs are trained to use a Taser but cannot carry them without approval from a supervisor during a specific situation.

Purdy said the vast majority of Taser reports involve cases when the threat, drawing or activation of the weapon is enough to subdue an unruly person.

He would not comment on incidents in which Tasers were fired, deferring those questions to the Attorney-General's Ministry.

Purdy also insisted sheriffs are aware of safety risks associated with the Tasers, noting that all members, including himself, have been zapped so they know what it feels like.

"From my perspective, I don't see it as something that is dangerous. I see it as lower on the use-of-force scale, below the ASP baton and just above the pepper spray," said Purdy, who is a corrections officer.

The Braidwood inquiry is scheduled to recommence Monday for six weeks, and this segment will focus on Dziekanski's death after he arrived in Vancouver from Poland and began upset while lost in the airport. The first witnesses to take the stand will be another passenger, airline workers, airport authority staff, and Canada Border Services Agency employees.

EDITORIAL: Police stay mum on key issues

January 12, 2009
Editorial - The Amherst Daily News

As concern over Taser use grows, police agencies would be advised not to prevent the public from seeking information on the issue.

A new report on freedom of information laws, released Friday, showed that police forces in this country continue to withhold key information from the public regarding the devices.

In a project launched by the Canadian Newspapers Association, 219 requests were sent to 22 municipal governments and their police services, 10 provinces and the Yukon and 11 federal departments and Crown corporations.

The requests were made by students acting as ordinary citizens.

Roughly 20 Canadians have died after being shot with the Tasers in the past few years. The Tasers can be a valuable tool, when used with discretion. But there are fears that more and more often, they are used by police officers in situations where they aren't warranted – sometimes with catastrophic results. They weren't intended as a crutch in non-lethal situations.

Most in Canada are familiar with the tragic death of Robert Dziekanski, 40, a Polish man who died several hours after he arrived at Vancouver International Airport in October 2007.

Dziekanski was on his way to Kamloops to live with his mother in the B.C. interior, but became agitated when he couldn't find his mother, whom he was supposed to meet at the airport. Subsequently, four RCMP officers Tasered the man.

Why four presumably well-trained police officers needed to Taser an unarmed man who had shown little if any signs of violent behaviour is one question; another is why would the RCMP provide false information to the public in the days after the incident, information that didn't line up at all with the chilling eyewitness video?

At the heart of the newspaper association's findings is this: some police agencies don't seem willing to give up information when requested, and that is not a good sign. Police have long wrapped a shroud of secrecy on the use of Tasers – now is the time for the public to demand more.

Newspaper association audit of information laws shows wide disparity

January 10, 2009
The Canadian Press

OTTAWA — Police forces in Canada continue to withhold key information from the public about how officers are using Taser stun guns, says a new report on freedom-of-information laws.

Police in Regina, Saskatoon and Saint John, N.B., refused to release any so-called use-of-force reports, which must be completed when officers draw their Tasers, says an audit commissioned by the Canadian Newspaper Association.

Winnipeg police agreed to release the information but at a cost of $4,500, and Hamilton police claimed that Ontario law prevented them from making such reports public.

Other city forces - in Halifax, Fredericton, Calgary and Victoria, for example - did provide the information, without charge.

The RCMP last year apologized for the excessive secrecy surrounding its own use-of-force Taser reports, which initially had key information removed when released to The Canadian Press and other news media.

Inconsistencies across Canada were a major finding of the association's annual audit of Canada's freedom-of-information laws, this one organized by Fred Vallance-Jones, a journalism professor at the University of King's College, in Halifax. It's the fourth such audit carried out by the daily newspaper group.

The exercise involved sending 219 requests to 22 municipal governments and their police services, 10 provinces and the Yukon and 11 federal departments and Crown corporations. The requests were made by students acting as ordinary citizens.

Other findings:

-Windsor, Ont., wanted to charge more than $103,000 to release information on city payments that some other municipalities provided at no cost.

-The CBC asked for an extra six months to provide a list of senior employees and their salary ranges.

-Saskatoon and the province of Saskatchewan got the highest marks, A-minus, while the vast majority of others audited got C or less, based on a grading system that took into account speed, completeness, fees and time extensions.

A newspaper association official said the withholding of Taser information was particularly disturbing, given the growing controversy about the use of the energy weapon in Canada.

"The police must be held to account, just like government or anyone who exercises power on the public's behalf," said David Gollob, senior vice-president of policy and communications.

"But we can't do the job properly when authorities block information, or make it difficult or prohibitively costly to obtain."

Gollob added that public accountability has never been more important as Ottawa and the provinces embark on unprecedented spending to help dig Canada out of a recession.

Canada's information commissioner said the audit's findings show that key institutions are failing in their responsibilities.

"Police forces are supposed to be examples of lawful compliance," said Robert Marleau. "The CBC, as a publicly funded media outlet, should be the standard bearer of freedom of information and perform accordingly when it is the subject of requests."

The CBC, which became subject to the federal Access to Information Act on Sept. 1, 2007, has been inundated since with requests for information and with formal complaints about inadequate responses.

Marleau singled out the federal act as "an outdated piece of legislation with a weak compliance model."

"Many of the provincial laws, while not perfect, are more effective and more comprehensive in their scope. Federally, we are slipping backwards."

Canada needs "more angry Canadians to write to their elected members and urge them to update and strengthen these laws."