Let Toronto cops carry tasers, deputy chief urges

January 10, 2012
Carys Mills, Globe and Mail

Front-line officers in Toronto should be allowed to carry tasers but provincial regulations prohibit them from doing so, said Deputy Chief Michael Federico in response to questions about how police respond to mentally ill people in crisis.

On Thursday, the Toronto police held a rare demonstration of how they are trained to deal with such situations. The news conference at the police college came less than a week after a man carrying two pairs of scissors and wearing a hospital gown was fatally shot on a street during an altercation with police. Police say they aren’t permitted to discuss that incident while it is being investigated by the Special Investigations Unit.

Tasers are an option all trained officers should have, Deputy Chief Federico said in an interview, but Ontario regulations set out that only supervisors and specialized units can carry them.

There’s a supervisor on the road during every shift, the Deputy Chief said. “Police officers are not completely without access to a [taser]. But again, situations may unfold too quickly for a supervisor to arrive.”

Tasers, conducted energy weapons, have been under scrutiny since the death of Robert Dziekanski after he was tasered five times at the Vancouver airport in 2007. But in some jurisdictions outside of Ontario, they are a non-lethal option for front-line police when a situation calls for use of force.

“We ought to equip our officers with all of the options that will help make a situation safe,” Deputy Chief Federico said. “That includes knowledge and skills and equipment.”

A spokesman for the ministry in charge of policing said in an e-mail that there are no plans to change regulations “because the current use of force regulations meet Ontario’s public safety needs.”

The RCMP, a federal force, allows front-line officers throughout the country to carry tasers as long as they have taken the appropriate training and meet other requirements. “We don’t discriminate between ranks,” said Corporal David Falls.

Regulations have been beefed up in British Columbia since Mr. Dziekanski’s death. Front-line police can still carry the weapons there as long as officers meet provincial standards.

Pat Capponi, a psychiatric survivor who co-chairs a mental health sub-committee of Toronto’s police board, said she’s unsure about broadening the use of tasers because of fatal incidents such as the one involving Mr. Dziekanski.

She said that whenever a mentally ill person is injured in a confrontation with police, it sends shock waves through the community of those with mental health histories. “That’s the feeling, we have nowhere to go if we’re in trouble,” Ms. Capponi said. She added she’s encouraged by the training she’s seeing of first responders in Toronto.

Following the deaths of two people – one disabled, and the other bipolar – last year, critics said Toronto police were not equipped to differentiate between a criminal threat and one originating from mental illness. The officers involved in both incidents were cleared by the SIU.

Deputy Chief Federico said all Toronto officers are guaranteed mental health training each year when they have two days of use-of-force training. Additional training varies by specific job and the year, he said.

Other police forces in Canada go further, offering officers week-long training specifically focused on dealing with the mentally ill. It’s a program that was developed in Memphis, Tenn., that has had success in several cities in the U.S., and was recently adopted by York Region police.

Deputy Chief Federico said Toronto police aren’t considering adopting the Memphis training model.

“Forty hours is a whole week of a police officer’s time off the front line,” he said. “I have to … make sure my police officers are on the road, delivering the service.”

As part of their response, Toronto police have teams of officers and nurses that respond to people in crisis, but because of potential danger, they only arrive after the first responders. These teams are not available in every division and have limited hours.

EDITORIAL: Belated RCMP stun gun rules

May 6, 2010
Editorial
The Toronto Star

Are police reaching for their stun guns too often? Baseball fans in Philadelphia, the “city of brotherly love,” think so. They roundly booed a cop who stunned Steve Consalvi after the 17-year-old dashed onto the field Monday waving a club fan towel.

Public concern about “usage creep” isn’t limited to the United States. Canadians were appalled when Robert Dziekanski died at the Vancouver airport in 2007 after the Royal Canadian Mounted Police stunned him repeatedly. And there have been other ugly incidents.

Given all this, RCMP Commissioner William Elliott did well to tighten the rules this week.

From now on the Mounties will use stun guns only if a person is “causing bodily harm” or if there are “reasonable grounds” to fear that he or she “will imminently” cause harm, the force says. This is a welcome narrowing of the rules, though it stops short of requiring a severe threat to life and limb. The previous, overly permissive rules set the bar at any “threat to officer or public safety.”

The new rules also require officers to issue a verbal warning first, when feasible. They caution officers generally to restrict jolts to 5 seconds or less and to avoid multiple jolts. And they point out that the stun gun is “not intended as a restraint device.”

With these changes the RCMP finally has a policy that reflects its own view that stun guns put some people “at a high risk of death.” Other police forces should pay heed.

Ontario Community Safety Minister Rick Bartolucci recently felt compelled to remind police that, “where possible,” the 50,000-volt weapons ought not to be used on the elderly, pregnant women, young children, and people in handcuffs, among others.

Welcome as the new RCMP rules are, Elliott is a late convert to prudence. As the Star noted in an editorial last year, on his watch the force brought in new rules on Feb. 3, 2009 that watered down aspects of a previous, tougher policy. The requirement to shout a warning was dropped. So were rules against multiple jolts and restricting jolts to 15-20 seconds.

Whatever caused the change of heart, it’s a good thing that the older, tougher rules have been reintroduced, and improved upon.

More Tasers, less bullets means higher cost and legal change

April 22, 2010
Henry Stancu, Toronto Star

Chief Bill Blair would like to see all front line Toronto police officers equipped with conductive energy weapons (CEW) to avoid resorting to deadly firearms in violent situations when ever possible.

The chief’s annual report for 2009 CEW use — which he described as “the most comprehensive report of public accountability on the use of energy conducted weapons in any police service to our knowledge — shows Tasers were drawn 307 times in 273 incidents.

Taser use by Toronto police resulted in only two minor injuries, a scraped knee and a bump on the head, but no serious harm or death. There were 18 cases of unintentional discharge and the devices were used on animals in nine calls.

“By providing our people with the best equipment possible, the best training possible, I think we can actually save lives and save money by using our equipment and training appropriately,” Blair said during the Toronto police services board meeting Thursday.

His wish won’t be granted any time soon given the cost of Tasers in climate of civic fiscal restraint.

“It is a significant expense and given the financial situation with the city, the service and the province I think it unlikely there will be a very substantial investment in these in the near future,” said Blair.

It would also require current provincial guidelines for the use of Tasers to be amended.

In some cases merely unholstering, pointing, activating the laser sight or engaging the Taser’s warning electrical spark was found to be enough of a deterrent to cool a volatile situation.

This demonstrated force presence was effective in 45.4 per cent of the cases Toronto in which police used Tasers last year.

Taser use involving full deployment, in which the weapon was fired at a distance and the electrically-charged probes struck the subject, occurred in 41 per cent of the cases, while drive stun mode, where the device is pressed against a body and the current applied, was used in 13.6 per cent of the incidents.

About 40 per cent of those brought under control with Tasers were believed to be emotionally disturbed and/or under the influence of drugs or alcohol.

In many cases police used the weapons on people threatening to harm themselves or others.

“We’ve had quite a number of cases where people have been stabbing themselves. The police officer is certainly not going to discharge a firearm at such an individual. It’s an incredibly dangerous thing for an officer to wrestle the knife away,” said Blair.

While some prisoner and mental health advocacy groups criticize the use of Tasers as cruel, many more are supportive of the less lethal weapon in cases where an emotionally disturbed person is a danger to themselves and others.

“When we’ve had consultation on this, not only did mental health groups say ‘please look at Tasers as an option to guns’, but also numerous inquest juries have said that when dealing with people who are emotionally disturbed the Taser is the way to go,” said Mark Pugash,” director of the Toronto police public information unit.

“It’s impossible for the police officer to diagnose that mental illness. We can only respond to the action that we encounter . . . the police have to stop the situation and render it safe . . . disarm them and get them to treatment and hopefully save their lives,” the chief added.

In 2009 Tasers were also used in situations where suspects resisted arrest or were combative in investigations into gun calls, assaults, robbery, break-ins, domestic disturbances, search warrant details and various threatening situations.

Last year a total of 593 Taser X-26 models were issued to emergency task force officers, front line supervisors and team leaders in units such as holdup, intelligence, drugs, organized crime and fugitive squads.

Tasers record the time, date and number of discharges. They can even be equipped with cameras.

The X-26 model with laser sighting is listed at a base price of about $1,000 (U.S.). Then there are the added costs associated with accessories such as holsters, camera, the weapon’s service and maintenance requirements and training for officers in the use of the devices.

Blair acknowledges that outfitting all “first responders”, or front line Toronto officers with Tasers will require both a significant financial commitment and changes in legislation.

A two-year provincial review issued last month called Tasers “an effective, less lethal weapon” for law enforcement and set a guideline for their use in Ontario.

The review followed the death of Polish immigrant Robert Dziekanski in 2007 after he was hit by Tasers during a confrontation with RCMP at Vancouver International Airport.

Rick Bartolucci, minister of community safety and correctional services, said he had no plans to expand the use of the devices as they are only authorized for use in tactical or hostage rescue situations, for perimeter control and by front line supervisors.

Niagara police association OK with possible plan for Taser cams

April 7, 2010
RAHUL GUPTA, ST. CATHARINE'S STANDARD

The head of the Niagara police association says his membership is willing to adjust to proposed legislation requiring the recording of Taser useage if it means more officers get to carry the electro-shock weapons.

Paul Di Simoni of the Niagara Region Police Association said he hopes the plan under consideration by the provincial government would mean greater access to Tasers for frontline officers in the region.

Currently, only experienced officers can use the weapons.

"I hope legislators get on the same page as the association and implement standard use of Tasers," said Di Simoni from the NRPA's office in Welland.

"It's a better, less lethal option for officers to employ."

Under the plan, any Ontario police officer who fires a Taser in the course of duty would automatically activate a small camera, or Taser cam, that can be attached to the base of the weapon's handle.

Up to 90 minutes of tamper-proof footage could then be downloaded and used as evidence.

"Is there value to documenting Taser use? I suppose," he said.

"It's a relatively new technology."

While Di Simoni said he supported the province's recently introduced training and usage guidelines for Tasers, he worried a camera would only capture one aspect of an altercation between police and a suspect.

"It's a snapshot in time," he said. "One has to look at the totality of events."

Di Simoni said he was concerned that footage obtained from a Taser Cam would lead to premature censure of Niagara police officers.

"Officers may fall into a situation where they're being criticized without all background information," he said. "The camera captures only the deployment of the Taser and nothing else."

While Taser Cams aren't used in Niagara, Ottawa police have employed them since last year, said an officer who has provided extensive training in the use of the weapons.

Sergeant Mark Barclay of the Ottawa Police Service said all 32 members of the Tactical Unit are currently using the cameras.

Barclay said the response to Taser Cams among officers with the unit has been largely positive, although there have been instances when the camera's lens has been accidentally obscured by officers used to handling guns.

"We're trained to use a two-handed grip when it comes to firearms," said Barclay from Ottawa police headquarters. "So some officers go back to what they know in moments of extreme stress, which can block the lens."

Another problem with the Taser Cams, according to Barclay, is the fixed position of the device.

"To sometimes get a good camera shot, you've got to point the Taser right at the person, which isn't always possible," he said.

Barclay said the camera's video output can often be shaky or blurry, depending on the circumstances, although a microphone can still capture available sounds.

"It's better than nothing."

Ministry of Community Safety and Correctional Services spokesman Anthony Brown said any decision to legislate Taser Cams would be made in consultation with provincial law enforcement agencies.

Niagara Regional Police declined to comment on the issue of Taser Cams.

Taser International announced Tuesday that 2,680 Taser Cams were shipped for use in law enforcement in 2010.

Taser cams? Ontario hasn't ruled out outfitting stun guns with video cameras

April 5, 2010
By Romina Maurino, Canadian Press

TORONTO — Tasers with cameras attached to them that produce video evidence when the controversial weapons are used on people is an option Ontario is considering, the provincial government says.

While Community Safety Minister Rick Bartolucci hasn't committed to the move, he said he hasn't ruled it out as part of ongoing discussions about how to best use Tasers.

"No decision has been made, but there is some dialogue with regards to that particular device being attached to the weapon," said Bartolucci, who last week promised tighter rules and standard training for Taser use.

"We're looking at it."

The RCMP is already testing two kinds of cameras that record Taser firings, in Kelowna, B.C., and Moncton, N.B., while Ottawa police have also tested the cameras.

Larry Molyneaux, president of the Police Association of Ontario, said he sees little use for the cameras currently on the market because they provide a limited view of an incident.

"The difficulty is that it only shows you the immediate threat - it doesn't show you what leads up to that, it doesn't show you what occurs after," Molyneaux said.

"You really don't get the whole picture, because a lot of it has to do with what leads up to the incident."

Emile Therien, past president of the Canada Safety Council, said any consideration of the cameras is a small step - and one likely brought on by public pressure after the death of Robert Dziekanski in 2007. Dziekanski died after he was Tasered by four Mounties at Vancouver International Airport in a confrontation that was recorded by a bystander.

That video contradicted some of the statements made by the officers and led to several inquiries, including a two-part probe by retired judge Thomas Braidwood. His final report is due in a few weeks.

Last week, Dziekanski's mother received an apology from the RCMP, as well as a financial settlement.

Therien said he doubts Braidwood will recommend cameras, adding that what's really needed is a national standard.

"What it comes down to is well-trained people, (and) limiting the use of Tasers to those who are well trained," said Therien.

The RCMP, he added, has to make sure there are Canada-wide standards and controls in place, and that they are being followed - especially given the fact that one in 20 of the devices have been acknowledged to fail.

"It's the only electrical product sold in the western world that doesn't have a standard," Therien said.

NDP justice critic Peter Kormos called the incorporation of video cameras into Tasers "naive to the point of being silly."

"This is Star Wars sort of stuff - we all know the quality of the image that you get," Kormos said.

"All this does is underscore the fact that the science around Tasers is far from complete, far from thorough."

Civil liberties groups have also questioned what will happen to the video and audio after they are recorded, and said there should be protocols to ensure the digital recordings cannot be tampered with and are readily made available to police watchdogs.

While the devices would provide more evidence in cases where a person dies after being Tasered, Therien added, the cameras would also amount to an intrusion into a police officer's workplace.

They could make police hesitant to use the weapons - even in situations when they are clearly the better choice.

Of the cameras being tested by the RCMP one is called Taser Cam and is attached to the stun gun. The other, called VIDMIC, attaches to the officer's belt radio. The results from those trials will be analyzed to determine whether one or both of the devices are used more widely by the RCMP.

Both federal and provincial governments have been working on national standards for Taser use, but Ontario moved ahead with its own plan last week.

Ontario has promised tighter rules around the use of stun guns by police, including against pregnant women and children, and promised to amend provincial guidelines to include rules about deployment of the guns as well as standardized training for all users and instructors.

Bartolucci has also said training in Ontario wouldn't be provided by Taser International.

"There are particular needs when it comes to the training, we think that that training should be Ontario-centered, it shouldn't be centered on one particular manufacturer's weapon," he said.

"Very, Very Prescriptive" vs "Needs to be Clarified"?

Rick Bartolucci, Ontario's Minister of Community Safety, quoted in the Globe and Mail on March 30, 2010 - Ontario to tighten taser rules for police: "We're enhancing Ontario's position with regards to its measured approach by introducing a very, very significant guideline (that's) very very prescriptive," Minister of Community Safety Rick Bartolucci said Tuesday. "There was a lack of consistency with regards to guidelines and training standards, so those are the two recommendations that we zeroed in on to make changes as quickly as possible."

Wayne Frechette, Barrie, Ontario Police Chief, quoted in today's Barrie Examiner - Taser Rules Need to be Clarified: "They sometimes ask us to make diagnoses that take doctors four visits over three weeks to do, that we are expected to do in two seconds ... It's got to be something where death or serious bodily harm may be imminent" ... (adding he suspects there will be clearer information when the directive is sent out to various police departments) ... "A schizophrenic running around with a weapon in hand is no less dangerous than an ordinary person running around with a weapon in hand ... Who are we to diagnose who has what? We're there because of the guy's behaviour. The underlying cause of that behaviour is really beyond our field. It makes little difference to us in the moment. I'm still between a rock and a hard place here, because if your behaviour is such that we are considering using a Taser, it's got to be pretty violent ... The fact that you have a bad ticker, that may factor into your ultimate demise if you do get Tasered, but we're in no position to make those diagnoses."

Ontario's new guidelines for taser use

See Ontario's new guidelines for taser use

Ontario's new taser guidelines warn police to avoid taser use on a subject in control of a moving vehicle, bicycle or other conveyance; on sensitive areas of the body (i.e., head, throat, genitals); on a handcuffed subject; on a pregnant woman, elderly person, young child or visibly frail person.

Ontario's new taser guidelines ignore Taser International's October 2009 warning to avoid hitting suspects in the chest. (See CNN's Taser makers say don't aim at chest)

Instead, the guidelines advise that a medical assessment be obtained when BOTH PROBES are deployed on the chest near the heart.

Ontario to standardize Taser training

March 30, 2010
Tobi Cohen, Canwest News Service/National Post

New guidelines and training standards for Taser use by Ontario police officers will come into effect this summer.

The province made the announcement on Tuesday following a two-year review of conducted energy weapon use.

The Policing Standards Advisory Committee looked at a number of issues related to Tasers including precautionary measures, training requirements and reporting procedures.

The committee recommended a set of standardized guidelines for both those who use conducted energy weapons and those who train the police officers who do.

"Ontario's new training standards are consistent with our government's long-standing, measured approach with respect to Tasers," Community Safety Minister Rick Bartolucci said in a statement.

"When used appropriately, these weapons remain an effective option for police services in carrying out their responsibilities and protecting communities."

Currently, about 17% of police officers, including tactical and hostage rescue units and front line supervisors, are authorized to use such weapons.

A spokeswoman for Mr. Bartolucci said that's not going to change despite recommendations from the Police Association of Ontario (PAO).

PAO president Larry Molyneaux believes more officers should be carrying the devices.

"We are obviously in favour of standardized training, however, it doesn't address what our bigger issue is," he said.

"Our feeling is that all front line officers, once properly trained, should be equipped with conducted energy weapons."

The PAO believes the expanded use of Tasers would ultimately reduce injury to both the public and police officers.

"Conducted energy weapons present a valuable tool and a less dangerous option than a firearm," he said. "It's another tool in an officer's tool belt."

A memorandum from the ministry to police chiefs indicated a one-day session to educate current Taser trainers will be held at Ontario police colleges in May, while a pilot train-the-trainers course will roll out in June.

Stun gun use by police officers has been a contentious issue across Canada for some time.

Controversy over the weapon peaked after the death of Polish immigrant Robert Dziekanski at the Vancouver International Airport in October 2007.

Mr. Dziekanski died shortly after he was struck at least five times with a Taser by RCMP.

An inquiry into his death recommended severe limits be put on Taser use in B.C.

Ontario to tighten taser rules for police - and NO EXPANSION OF THEIR USE

March 30, 2010
Globe and Mail/Canadian Press

Report to recommend continuing use of tasers, but sets specific guidelines when it comes to vulnerable people

Ontario is tightening the rules around the use of stun guns by police, and will provide specific guidelines for the use of force when it comes to vulnerable people such as children and the mentally ill.

A draft report obtained by The Canadian Press recommends the continued use of tasers in Ontario, calling them “an effective, less lethal weapon” for law enforcement.

But it's asking the government to amend current provincial guidelines to include rules about deployment of the guns as well as standardized training for all users and instructors.

Minister of Community Safety Rick Bartolucci says the recommendations will be implemented as quickly as possible to ensure the province continues to have a measured approach to its use of tasers.

The report also suggests the ministry talk with police about who should be authorized to use the weapons, but Mr. Bartolucci says he's not going to expand their use for now.

The review was launched two years ago, after the 2007 death of Polish immigrant Robert Dziekanski, which sparked a public inquiry in British Columbia.

Ontario MPP eyes increased funding for Tasers

March 20, 2010
IAN MCINROY, Barrie Examiner

Simcoe North MPP Garfield Dunlop will be reintroducing a private member's resolution on Monday, asking the government to provide funding to equip and train all front-line police officers with conducted energy weapons (CEW), often called Tasers.

Currently, the Police Services Act allows only members of tactical teams and patrol supervisors to use them.

"The Progressive Conservative caucus feels that, with training, the use of conducted-energy weapons by front-line police officers can help keep our communities safe," Dunlop said. "We will look closely at the budget when it's announced next week to see what, if anything, will be allocated to this important initiative."

Barrie's top cop thinks Dunlop's resolution has merit.

"If an officer is already carrying a lethal weapon, why not let them carry a less-than-lethal weapon," Barrie Police Chief Wayne Frechette said. "That doesn't seem to me to be a great stretch."

A CEW report created through the Ministry of Community Safety and Correctional Services, is expected to be made public at the end of March and address use of Tasers, policies and procedures, Dunlop said.

"Our understanding is the report will be very proactive in the use of having front-line officers with Tasers," he said. "We want the government to follow through and equip more frontline officers."

Laura Blondeau, spokesperson for Community Safety and Correctional Services Minister Rick Bartolucci, says the ministry has no current plans to change its legislation on CEWs.

"We have no intention at this time from changing our approach to Tasers, or CEWs in Ontario," she said. "Right now the protocol that is in place is something that we will continue to employ."

Frechette said if the Police Services Act was changed to allow the use of Tasers by front-l ine officers (after extensive training), it could be another tool in their crime-fighting arsenal.

"The issue will arise. Is this going to mean more use of Tasers?" Frechette said. "Of course, the more people who have them, the more they will be used. That speaks to the strict control of their use."

Amnesty International says 17 people have died in Canada since 2001 as a result of being shocked with a conducted energy weapon.

Frechette acknowledged there have been fatalities related to Taser use, but said other circumstances lead to the deaths.

"The cause of death has never been specifically linked to Tasers," he said.

"There is an element of risk in any use of force. A Taser is not a lethal weapon, but it is a step up from pepper spray," he added

The chief said there is a time and place for using such a weapon.

"Their use is not an everyday event. If someone is going berserk and you can't talk them down in short order, that would be an appropriate use," he said. "You Taser them to avoid injury to the officer, the suspect or possibly a bystander."

Police are trained to deal with stressful situations without using undo force, Frechette said. "If someone is arguing with an officer about a speeding ticket, that would obviously not be an appropriate use."

Even the possibility of being stunned with a Taser is enough to subdue a suspect, he said.

"Sometimes you just have to show it to someone for it to be effective," he said. "We've arrested a number of people and we're finding, anecdotally, that as soon as the Taser comes out, they're saying 'OK, we'll get back into the car'," he said.

The Police Services Act requires police forces to report their use of Tasers to local police service boards.

"The not so good news is the use of the Taser," Frechette said.

In 2008, city police displayed their Tasers 14 times and used them eight times. Last year, they were displayed 21 times and used 13 times.

"What is down is use-of-force incidents across the board," he added.

There were 92 incidents in 2009, where Barrie police drew firearms 32 times, and 102 incidents in 2008, when weapons were drawn 37 times.

Ontario to unveil new Taser guidelines, two years after reviewing use of weapons

March 17, 2010
Maria Babbage (CP) – 14 hours ago

TORONTO — Ontario is poised to revamp its guidelines on the use of stun guns by police, The Canadian Press has learned.

The changes are expected to be made public March 30, sources say, about two years after the governing Liberals launched a review of Taser use in the province.

Currently, only tactical officers and supervisors are allowed to carry Tasers in Ontario, but the government is being urged to make them available to all front-line police officers.

It's among the recommendations made by the police standards advisory committee, a group of representatives from police groups and municipalities within the ministry tasked with providing advice to the government about the use of stun guns.

Ontario is already considered to be a Canadian leader in regulating the use of stun guns, said Larry Molyneaux, president of the Police Association of Ontario, which has a seat on the committee.

"What we're doing is actually just tightening it up in relation to training and regulations," he said.

Police organizations have long advocated for all uniformed police officers to be allowed to carry stun guns - otherwise known as conductive energy weapons - arguing they're less lethal than guns and will save lives.

Uniformed police, rather than supervisors or tactical officers, are usually the first on the scene, Molyneaux said. In some rural areas of the province, it can take up to an hour to respond to a call.

"When you have a radio call and you're involved in a situation where you might need that CEW at the very onset, you don't have time to wait for somebody that carries one," he said.

"So what we want is the first responding officer to have the option of using that CEW."

Government officials wouldn't comment on whether they plan to follow that advice, but hinted that drastic changes are not in the works.

"We have and will continue - notwithstanding the report - to have a very measured use of Tasers in the province of Ontario," said Laura Blondeau, a spokeswoman for Community Safety and Corrections Minister Rick Bartolucci.

Progressive Conservative critic Garfield Dunlop said he's planning to re-introduce a resolution in the legislature demanding that all front-line officers carry Tasers.

"It will save lives," he said.

"With people that are just being completely out of hand ... where they have a case where they can put the person down and save his life as opposed to using a gun on him, then I think that it's fully warranted and it's fully acceptable to the general public as well."

Tasers have become an increasingly common tool for police across Canada, leading some critics to question whether the rules governing their use are adequate.

Some complain that Tasers are being used by police to subdue unco-operative people even when they don't pose a threat, while others maintain they're a useful tool if officers are properly trained and held accountable.

The bottom line is that stun guns can kill, and the government must be cautious in deciding whether to expand their use, said NDP justice critic Peter Kormos.

"We still don't know enough about when Tasers are lethal," he said.

In June 2008, a 36-year-old man died in Simcoe, Ont., after provincial police used a Taser. He collapsed upon arrival at the police detachment and died later in hospital.

Tasers have been in use in Ontario since 2002. Officers who carry them must undergo a two-day training course and follow guidelines that fall in line with the so-called "use of force" model that's taught to all police personnel, according to the Ontario Provincial Police Association.

Under the province's Police Services Act, any officer who uses a weapon other than a firearm on another person must report the incident to their police chief. Misuse of the weapon can result in criminal or police services charges, said Molyneaux.

The threshold is lower for using a Taser than a firearm, said association president Karl Walsh. A person must display "assaultive behaviour" before a Taser can be used.

Both federal and provincial governments are working on national standards for Taser use, but Ontario - which has its own police force, unlike some provinces which use the RCMP - is planning to forge its own path.

Any federal model will likely mirror Ontario's, because the province is "years ahead of everybody else," said Walsh.

Ontario launched its Taser review after the 2007 death of Polish immigrant Robert Dziekanski, which sparked a public inquiry in British Columbia.

Dziekanski died after being hit with a RCMP Taser at the Vancouver airport. A video of the confrontation taken by a fellow passenger was seen by millions of people and triggered public outrage and a re-examination of stun gun use.

In releasing its findings last July, Justice Thomas Braidwood called on the B.C. government to place severe restrictions on the use of Tasers, including that the weapons only be used when there's a threat of bodily harm.

Other provinces have also taken a second look at how they use stun guns, and the RCMP is planning a sweeping overhaul of its Taser policy.

At least 20 people in Canada are known to have died after being struck with a Taser.

Jury makes recommendations in Beamsville man's death

July 16, 2009
KARENA WALTER, ST. CATHARINE'S STANDARD

Training for police in the use of Tasers should include courses with "judgment scenarios," a jury from a coroner's inquest has recommended to the province.

The jury, which heard evidence over seven days about the death of 39-year-old James Foldi of Beamsville, made seven recommendations Wednesday, adopting or modifying six suggestions from lawyers.

They also determined Foldi's death was an accident, caused by acute cocaine toxicity leading to sudden cardiac death, in the setting of excited delirium.

That cause was modified from a pathologist's ruling that Foldi died from excited delirium due to acute cocaine poisoning.

A lawyer for Foldi's family had argued excited delirium in itself was not a cause of death.

Foldi died July 1,2005, around 3:35 a. m. after going through a tear in his Beamsville neighbourhood. Jurors heard he seemed "out of it" and ran into three homes that night, waving his arms, calling for help and leaving a trail of blood.

Police tried using a Taser in probe mode and pepper spray to control Foldi and eventually tackled him to the ground next to a garage, where he had jumped through a window to get outside.

He was again Tasered on the ground in the stun mode several times and handcuffed, when he suddenly stopped breathing.

Juries are not obligated to make any recommendations at the end of an inquest.

Jurors in the Foldi case made recommendations directed to Niagara Regional Police, Niagara Emergency Medical Services and the ministries of Health and Community Safety and Correctional Services.

They included a suggestion to the Ministry of Community Safety and Correctional Services that Taser qualification and annual re-qualification training courses also include "judgment scenarios."

The recommendation was not suggested by any of the lawyers, but during the inquest, jurors heard that the province is currently coming up with a new training model for police using Tasers.

The ministry was also told it should promptly distribute any updated or new information from an excited delirium study to police services.

It was also recommended the ministry equip police supervisor vehicles with portable automatic external defibrillators and that other appropriate personnel receive training to properly use the defibrillators.

That recommendation, made by the lawyer for Foldi's family, was not supported by the NRP's lawyer, who argued in court that officers are not medical personnel.

The ministry was given a fourth recommendation that product warning and training materials for use of force options and equipment, including Tasers, is promptly distributed to all appropriate police members.

During the inquest, the jury heard that an e-mail bulletin from Taser International on June 28, 2005, sat in a police officer's inbox while he was on holiday and wasn't distributed to other officers until August that year.

Other jury recommendations: The Ministry of Health and Health and Welfare Canada should make sure all reasonable efforts are made to alert the public to the dangerous effects of cocaine.

NRP and EMS should continue to work together in developing communications protocols aimed at prompt ambulance response.

NRP should review its general order dealing with use of force to ensure it reflects any product warnings and training memoranda for use of force options and equipment, including Tasers.

Taser inquest resumes in Beamsville death

July 13, 2009
Posted By KARENA WALTER, Sun Media

Ontario is looking into a new training model for police officers to keep them at arm’s length from Taser International, a coroner’s inquest heard Monday.

The province’s officers use training techniques from the manufacturer of the stun gun, but that could change, said Chris Lawrence, an expert from the Canadian Police Research Centre on use of force and excited delirium.

“Smith and Wesson don’t provide training on firearms. General Motors doesn’t show officers how to drive,” he told the jury in the case of James Foldi, who was Tasered during a 2005 struggle with police.

Lawrence said the training group, put together by the Ministry of Community Safety and Correctional Services, and of which he is a part, met a couple of times last week and will gather again in August to design scenarios used in training.

They want to instruct Ontario officers how the Taser should be used, as opposed to it coming from instructions from the United States, he said.

Lawrence said there has been some criticism about relying on the manufacturer on how to use the Taser appropriately.

“Just to let the public know, we’re not just taking what the manufacturer said and not thinking for ourselves.”

Lawrence, a former police officer and use-of-force trainer, was the last person to testify in the Foldi case, which wrapped up evidence Monday after a six-week scheduling delay.

Foldi, 39, died July 1, 2005, after a bizarre night of breaking into houses in Beamsville, calling for help and at one point jumping through a glass window.

A pathologist ruled his death was caused by excited delirium brought on by acute cocaine posioning.

The coroner’s jury has heard from the officer who deployed the Taser that it was used twice in the probe mode when Foldi was running. It was applied another five times on stun mode to Foldi’s calves and thighs while he was struggling with officers on the ground.

Another four discharges of the Taser, recorded by the device, are unaccounted for.

Coroner’s inquests are mandatory when someone dies in police custody.

Lawrence, who wrote a report about the Foldi matter, testified he concluded the officers’ actions were consistent with prudent police practice.

He told Sara Premi, the lawyer representing the NRP, that police need to gain control of a person in an excited delirium state so the person can get medical treatment.

He said there are cases where people still die in that state without being Tasered.

{THAT LINE OF THINKING HAS BEEN SHREDDED TO PIECES MANY TIMES OVER AT WWW.EXCITED-DELIRIUM.COM}

The jurors will hear closing submissions from lawyers today and will decide whether or not to make recommendations in the case.

Lawrence said the training group has done a lot of groundwork over the last year and started an instruction manual.

When asked if the Foldi case would be used as a training scenario, Lawrence said it’s consistent with other events, but any examples will be generic.

Tony Brown, a spokesman for the ministry reached later by phone in Toronto, said the ministry is conducting a study with policing partners on the Taser. Operational and policy considerations in relation to training are being discussed, he said.

Brown said the study is expected to be completed by the end of this year.

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/).

Statement of defence filed in case of girl tasered while in police custody

February 25, 2009
By Garett Williams
Miner and News (Kenora, Ontario)

OPP lawyers submitted a statement of defence in Kenora Tuesday requesting a $500,000 lawsuit be dismissed after a 14-year-old girl was shocked with a Taser while in custody in Sioux Lookout last summer.

The girl, who cannot be identified under the Youth Criminal Justice Act, was being held in custody in July 2008, awaiting a court appearance, when a Taser was used to bring her to compliance with officers’ orders to stop scratching paint off holding cell walls.

According to the initial claim, the girl has mental disabilities and was passing time, when officers warned her she would be charged with mischief if she didn’t stop picking at paint on the wall.

The youth was told she would be restrained in a prisoner’s belt to prevent further damage to the cell if she continued to pick at the wall.

Two officers entered the cell, one “lightly” taking hold of her arm to stand her up, when she began to fight back, the OPP defence said.

“The officers subsequently placed Jane Doe on the cell floor with minimal force in order to get physical control of her,” the defence said. “When Jane Doe continued to struggle and kick at the officers, the (officer) deployed a Taser drive for two to three seconds to her right thigh in order to gain compliance and have her cease the assault against the officers.”

The statement of claim alleges the youth was traumatized by the unlawful assault and battery, stating her leg “felt numb for a month.”

“The assault and battery on Jane Doe has led to considerable and ongoing mental distress,” the claim reads. “She does not understand why she was attacked by the police officers in such a manner or why a deadly weapon was used upon her without provocation. The assault and battery has left her anxious and distrustful of police and other authority figures.”

In August, the youth pled guilty to assaulting an officer and the provincial police deny she sustained the injuries, damages or losses alleged in the statement of claim and called the damages sought “excessive and remote.”

The case garnered attention from both the Office of the Provincial Advocate for Children and Youth and Ontario NDP Leader Howard Hampton, who called for a moratorium on the use of Tasers on minors. A spokesperson for Minister of Community Safety and Correctional Services Rick Bartolucci said the government has no plans to restrict officers’ use of the device and front-line officers should have all law enforcement tools at their disposal.

The defence statement was submitted the same day the Canadian Association of Chiefs of Police and the Canadian Police Association argued in Ottawa that Tasers save lives.

EDITORIAL: Should tasers be used on children?

February 20, 2009
Caledon Enterprise

Whether or not police should have the authority to zap a young person with a weapon that can produce 50,000 electrical volts would seem to be quite obvious, wouldn’t it?
But controversy about the electrical weapons, which cause an uncontrollable contraction of muscle tissue after discharge, being holstered on the hips of officers is a debate that is far reaching.

Numerous cases have made headlines, sparking concerns from advocates about their safety, and has raised questions about police forces’ use of the devices.
The debate was recently fired up again after Irwin Elman, Ontario’s child advocate, called for a moratorium on using stun guns on minors except in rare circumstances. A request which has been refused by the province.

Instead, Minister of Community Safety Rick Bartolucci says the decision of whether or not to use stun guns will be left up to officers and the specific circumstance.
This comes after a 14-year-old girl from a remote Ontario First Nation was reportedly stunned by Ontario Provincial Police officers as she picked paint off a jail cell wall in Sioux Lookout. Her family is suing the OPP for $500,000 in damages. The girl’s father has alleged that two officers entered her cell last July (she had been arrested for drinking under age) and took out a black weapon, shocking his daughter’s leg. The allegations have not yet been proven in court, and OPP won’t discuss the matter because of the ongoing lawsuit.

After reviewing a police video of the incident, Elman began pressing the province about whether police should have the authority to use the weapons on young people.
If this case is in fact true, then it’s a no brainer that officers clearly had no right to use a taser on a young girl for scratching away paint. However, in other extreme instances where a violent person is threatening an officer’s life, or that of a member of the public, taser use may be an alternative defence if all others fail, including their negotiating skills to diffuse a volatile situation. But there would seem to be something clearly wrong with our front line officers if they are unable to restrain a young child without the assistance of an electrical current.

Ontario police are still tasering people for being DEFIANT

(The headline above is mine.)

February 14, 2009
The Barrie Examiner

Police use Taser to subdue man

Barrie police used a Taser to help arrest a six-foot-two, 350-pound man, yesterday.

Officers were called to a Blake Street home about a 24-year-old with a history of mental health issues who was reportedly out of control.

Police say the man was defiant when officers arrived and a Taser was used to incapacitate him, until he could be handcuffed.

He was then taken to Royal Victoria Hospital for assessment.

Taser guidelines already in place in city: chief (Cornwall, Ontario)

February 13, 2009
TREVOR PRITCHARD, STANDARD-FREEHOLDER, WITH FILES FROM THE CANADIAN PRESS

Most of the RCMP's new guidelines on the use of Tasers have already been implemented by municipal police forces in Ontario, including Cornwall, says the city's chief of police.

Chief Dan Parkinson said much of the RCMP policy announced Thursday - which will prohibit the stun guns from being used to simply subdue suspects - is reflected in an October 2008 report filed by the Ontario Association of Chiefs of Police (OACP) to the Ministry of Community Safety and Correctional Services.

"The RCMP are merely changing their training methods to come more in line with the direction that Ontario as a province has gone in," said Parkinson, who is also the OACP's first vice-president.

RCMP commissioner William Elliott told the House of Commons public safety committee that the use of Tasers must be restricted to cases where officers are in danger or where there is a risk to public safety.

Officers had previously been instructed that Tasers are a good way to control suspects in a state of so-called "excited delirium" and get them medical treatment. That phrase - which had been derided by critics - no longer appears in RCMP operational manuals, said Elliott.

The revised policy also warns against the hazards of multiple Taser firings.

RCMP officers also must now report each time they fire, or even draw, their Tasers, and the reports must go to the Commission for Public Complaints Against the RCMP. That paperwork is already required of Cornwall Community Police Service officers, said Parkinson. The reports are then sent on to the province quarterly, the chief added.

Parkinson said the scope of the RCMP's territory and policing responsibilities helped explain why their policies weren't already in line with Ontario municipal forces. "Provinces have the ability to move, perhaps, just a little bit quicker on some things," said Parkinson. "We all seem to be singing off the same hymn sheet, as it were, now."

Last June, the all-party committee called for the 50,000-volt weapons to be reined in and reclassified as "impact weapons" until Taser safety is shown through impartial studies."

At least 20 Canadians have died after being Tasered.

According to CCPS statistics, city police discharged their Tasers 11 times in 2007.

Stun study ready soon: Minister

February 5, 2009
By ANTONELLA ARTUSO, Toronto Sun

Community Safety Minister Rick Bartolucci says he expects a report soon on the use of electronic stun guns in Ontario and he'll decide then whether there should be restrictions involving minors.

The family of a 14-year-old girl has filed a lawsuit against the Ontario Provincial Police alleging she was zapped by officers in a Sioux Lookout jail after ignoring an order to stop peeling paint off the cell wall.

"I'm not going to make a knee jerk reaction," Bartolucci said yesterday. "I'm going to wait for the results of that study to come out."

Bartolucci said officers should have the "tools" necessary to react when individuals, "regardless of age," pose a threat to themselves or others.

Ontario rejects call for banning taser use on minors

February 4, 2009
The Canadian Press/Globe and Mail

TORONTO — The Ontario government is rejecting calls for a ban on the use of tasers on young people.

Irwin Elman, the province's advocate for children, is calling for a moratorium on using stun guns on minors, except in extreme circumstances. His appeal follows reports that a teenage girl from a remote First Nation was apparently zapped with a taser in a jail cell last July. A lawsuit filed by her family alleges the teen, who was 14 at the time, was shocked after being told to stop picking at the paint in the holding facility in Sioux Lookout, Ont.

Community Safety Minister Rick Bartolucci says he's heard from Mr. Elman but isn't prepared to act on his request. Mr. Bartolucci says police officers should be able to use all the tools in their arsenal when dealing with a dangerous situation.

And he says age should not be a factor in deciding how to deal with an individual. “That police officer should have all the tools necessary to ensure that he or she chooses a course of action that protects the individual, protects the public and protects the police officer — regardless of age,” Mr. Bartolucci said.

He also said the province is waiting on the results of a study into the use of tasers. “I'm not going to make a knee-jerk reaction to any individual case,” Mr. Bartolucci said. “I'm going to wait for the results of that study to come out and then we will determine whether or not there should be an expansion of the use of tasers or a reduction.” He said the study should be ready early this year.

A statement of claim filed in court alleges two Ontario Provincial Police officers entered the girl's cell without warning, “violently” pulled her to the floor and applied the taser to her right upper thigh for three to five seconds.

None of the allegations have been proven in court.

The girl, who has fetal alcohol syndrome, had been arrested for underage drinking, the family's lawyer said. The family says the incident was caught on tape. Mr. Elman said he's viewed the tape and calls the incident an example of “usage creep” with tasers. The girl's family is suing the provincial police force for $500,000.

They are also seeking an order that would prohibit the use of stun guns on minors except in cases where a life is clearly at risk.

***

And, according to the Ottawa Citizen:

Premier Dalton McGuinty was equally non-committal. “As you know, we have a panel that’s out there taking a look at this,” he told reporters. “We await their advice.”