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

November 15, 2011
Tracey Tyler, Toronto Star

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The appeal panel disagreed.

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

Taser pulled in altercation between OPP officers

October 28, 2011
QMI Agency, London Free Press

Nottawasaga OPP say a Taser was pulled during an incident between fellow officers.

On Oct. 14, more than two officers were involved in an "interaction" resulting in a Taser being pulled, but police wouldn't confirm if the weapon was used on officers.

"We're just calling it an interaction right now," said Dave Ross of OPP corporate communications. "I can't say if it was used or not used. I can just say it was unholstered during the interaction."

No injuries were reported, but Ross did say police are taking the incident seriously.

"Our professional standards bureau is conducting an internal investigation into a conducted energy weapon (Taser) being unholstered by one of our members during an interaction with other members in the detachment."

The incident happened while the officers involved were at the Nottawasaga detachment, but names have not yet been released.

"Because they're police service matters, we can't speak to officer's name," Ross said.

Taser used to break up teen brawl

September 23, 2011
Dale Carruthers, QMI Agency

LONDON, Ont. - A teenager is in hospital and a group of high school students are threatening a protest against police after an officer used a Taser to break up a brawl in London, Ont., on Thursday.

The clash between two young men around noon was captured on a cellphone video reviewed by QMI Agency and later posted to YouTube.

The images show one combatant hitting the other with a chair, when an officer on foot hurries in from the street and shoots a dart from a Taser stun gun at a young man wearing jeans and a black shirt.

From the video, it appears the two boys had separated when the officer approached.

The crowd gasps in horror as the Taser's prongs appear to hit the young man in the face. He falls to the ground and is motionless for nearly one minute.

"You shot him in the head. You never even asked him," screams another male on the video.

The officer didn't give any warning before using his stun gun, said witness Vivian Greening.

"He just pulled out the Taser and shot him," she said. "They didn't even try to talk to the kids (or) yell at the kids."

Student Cody Hill, 17, who was in the crowd watching the fight, also said the cop Tasered the boy without warning.

It's not clear from the amateur video, with its imperfect audio, whether the officer gave a warning.

The onlookers spilled onto the street to watch the fight, many of them students at nearby H.B. Beal Secondary School.

Hill and a group of friends say they plan to hold a protest on Monday to decry the police response.

Police confirmed a 17-year-old who was Tasered was taken to hospital and another boy is in custody, but wouldn't comment if the officer issued a warning before using the stun gun.

"Our investigation is unfolding," said Const. Dennis Rivest. "There's a number of people that need to be interviewed right now and we still have a lot of work that we have to do to complete this investigation.”

The boy's injuries aren't life-threatening, police said.

"And we're going to wait before any further comment on the situation."

Canadian researcher Andrew Podgorski, who studied stun guns for the Canadian government, said youth are more at risk of injury and death from being hit with a Taser's 50,000-volt jolt.

"The younger you are, the more susceptible you are," said Podgorski. "Younger people are generally . . . smaller in size."

One in 1,000 people who get Tasered die, said Podgorski, adding those under the influence of drugs and alcohol are more likely to die.

According to use-of-force statistics, London police used stun guns 28 times in 2010.

In 2004, Londoner Peter Lamonday, 33, died shortly after being Tasered by police at a convenience store.

New rules urged for SIU probes

April 8, 2011
Curtis Rush and Dan Robson, Toronto Star

Officers under investigation in incidents of serious injury or death must not communicate with each other or share a lawyer, former chief justice Patrick LeSage has recommended.

LeSage issued a three-page report Thursday after a 15-month review of relations between police and the Special Investigations Unit, which probes such incidents.

The review was triggered when Ian Scott, director of the civilian watchdog agency, criticized Ontario’s police forces and unions for allowing officers to collude and conceal incriminating evidence in criminal investigations.

Speaking to reporters at Queen’s Park, LeSage said he hoped his review will address concerns that the system is failing.

“I think it will perhaps at least put aside some of the suspicions that I have heard that have occurred in the past,” he said.

Attorney General Chris Bentley said he was happy with LeSage’s “clear, simple and direct” recommendations, which will strengthen public confidence in the SIU. Bentley said he will act on the recommendations as quickly as possible.

“Are we going to move?” he said. “Yes.”

A recent Star investigation found that police officers across Ontario are treated differently than civilians when accused of seriously injuring or killing a person. In some cases, the SIU was unable to properly investigate.

The Star found examples of officers being allowed to delay writing notes and of sharing lawyers while involved in the same SIU review. It also highlighted concerns that officers were collaborating on stories to prevent the SIU from learning the truth.

The LeSage review addressed all these points.

He recommends officers involved in an incident, either as a witness or subject, cannot communicate with each other until the SIU probe is finished.

Officers who are witnesses in an SIU investigation cannot share a lawyer with the officer under review. And officers’ notes are to be completed at the end of a shift, unless otherwise excused by the chief.

LeSage also reminded lawyers who represent more than one officer not to share client information.

The recommendations apply to police services across Ontario, which operate under different rules and regulations. LeSage called on the province to review the legislation and regulations governing the SIU and its relationship with police within two years.

Toronto Police Chief Bill Blair said all LeSage’s recommendations are consistent with current force policy.

“I don’t see that any of it results in any significant change in the way we have been doing business,” Blair said.

However, opposition parties were quick to voice concerns with the review.

LeSage fails to address the issue of who police officers’ notes belong to and how they are handled, said Conservative justice critic Ted Chudleigh.

“A number of questions about that need some answers, and I didn’t see any answers coming out,” he said.

The report also omitted the issue of compelling officers to cooperate with an SIU investigation, said NDP justice critic Peter Kormos.

In September 2009, Scott announced he was unable to decide if an OPP officer was guilty of wrongdoing in the shooting death of Levi Schaeffer, a 30-year-old schizophrenic man from Peterborough. The officer and his partner were the only witnesses.

Scott said the officers had their notes vetted by a police union lawyer before submitting them to the SIU. His public comments sparked tension between the SIU and police unions.

Last January, the attorney general’s office appointed LeSage to conduct his review.

Lawyer Julian Falconer, who represents Schaeffer’s family, questioned the review’s clout.

Falconer said the province has “made a full-time hobby” of collecting recommendations and lacks “the political courage to take the police on” and enact laws immediately.

“It’s high time to stop the talk,” Falconer said.

(Ontario) Police rarely use stun guns

December 10, 2010
SCOTT DUNN, SUN TIMES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Investigation: Above the Law

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

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

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

Ontario Provincial Police closer to getting defibrillator

The lawyer for the family of James Foldi made the same recommendation at the inquest into Mr. Foldi's death, but the recommendation was NOT SUPPORTED by the Niagara Regional Police lawyer, who argued in court that officers are not medical personnel.

So, which is it??

October 27, 2010
By DANIEL PEARCE, QMI Agency

OPP are getting closer to putting defibrillators in detachments across the province in light of the recommendation of an inquest jury, says the head of the Norfolk County detachment.

"We're in discussions now," said Insp. Zvonko Horvat. "We're moving in that direction. It'll happen sooner rather than later."

Two weeks ago, the jury at the inquest into the death of Jeffrey Marreel, a Delhi man who collapsed at the Norfolk detachment after being tasered and later died, urged all police stations to get the devices.

Any decision, said Horvat, will apply across Ontario, not just in Simcoe.

"It is a decision being made corporately with regional staff and the risk management unit in Orillia," he said. "In all likelihood, that recommendation will be implemented . . . It only makes sense we have them."

Recommendations from inquest juries are not mandatory but are usually acted upon.

The inquest, held in Hamilton, heard that Marreel, 36, a known drug user with a long history of arrests, died from cocaine poisoning. In June 2008, police answered a call at the lakeside hamlet of Fisher's Glen where they found Marreel acting erratically. Police used a Taser to try to subdue him. He was taken to the Norfolk detachment in Simcoe and then rushed to hospital after he collapsed. Evidence at the inquest suggested Marreel may have been suffering from what's known as excited delirium, a potentially fatal condition.

As a result, the jury also urged all police forces to consider excited delirium as a "medical emergency" that requires immediate medical intervention and that police be trained to recognize its signs.

The jury made nine recommendations.

Horvat said "training is always good . . . We felt the jury was fair. Th e recommendations are legitimate concerns."

Frustration with new Ontario police complaints office

August 3, 2010
CBC News

The new Office of the Independent Police Review Director says it has so many complaints against police to investigate it can't handle them all — so it's enlisting the help of the police themselves to tackle the problem.

The OIPRD was established last fall "to provide an objective, impartial office to accept, process and oversee the investigation of public complaints against Ontario's police," says a notice on the organization's website.

But some who have filed complaints are showing their frustration.

In February, Chris van Hartskamp and a friend were in sleeping in a parking garage stairwell.

Van Hartskamp, who is homeless, said security guards attacked them.

He admits he and his friend had been drinking but says the security guard's actions were excessive.

"They had me handcuffed and they were beating me up and everything," he said.

The security company claims it was van Hartskamp who did the fighting.

Van Hartskamp wouldn't back down. He complained to Toronto police but nothing seemed to happen.

In his frustration he filed a complaint with the OIPRD - but they sent his complaint back to the police.

Gerry McNeilly, the head of the OIPRD, won't discuss individual cases, but insists all complaints will be investigated.

Since April there have been 1,500 complaints — many of them related to the G20.

McNeilly says most get sent back to police to look in to because he doesn't have the staff to fully look through all the complaints without some help.

McNeilly says the police investigations will be different with the OIPRD oversight.

"I have the ability to take investigations back if I'm not happy with how the investigation's unfolding. I have the ability to give directions to chiefs," he said.

Van Hartskamp isn't convinced.

"I think it's just, like a merry-go-round. I don't think nothing's going to happen really, I really don't think nothing's going to happen," he said.

Call for police watchdogs growing across Canada

July 27, 2010
Shannon Kari, National Post

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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SIU FACTS

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

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

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

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

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

O'Sullivan files complaint - Belleville police chief promises full review

May 28, 2010
Luke Hendry, The Intelligencer

Retired boxer Shawn O'Sullivan has filed an official complaint against the Belleville Police Service, The Intelligencer has learned.

Bill Reid, O'Sullivan's Toronto lawyer, told The Intelligencer Thursday he filed the complaint earlier that day with the Office of the Independent Police Review Director (OIPRD), an arm's-length branch of Ontario's Ministry of the Attorney General.

"I will always believe in the force because there will always be a need for a force to uphold justice," Belleville's O'Sullivan, 48, said Thursday.

But he said police used excessive force in arresting him Nov. 28, 2009 and he's concerned that it could happen to others. "If they do it to me and get away with it, they will do it to everyone," he said. "If it will come to pass that these police will get reined in a bit or walk a different walk, then that would be great."

Neither Belleville Police Chief Cory McMullan nor OIPRD staff could confirm the complaint had been made; each cited they couldn't talk about specific cases because of privacy law.

Both agencies, however, pledged a full review of the complaint.

O'Sullivan, a Toronto-born 1984 Olympic silver medallist, was on a quest for his stolen championship rings when he entered the yard of a Belleville resident and they scuffled.

Charges of assault and mischief against O'Sullivan were withdrawn May 13 after he agreed to enter a peace bond ordering him to stay away from the resident. O'Sullivan said he felt vindicated.

Police and O'Sullivan agree an officer shocked him with a Taser or similar high-voltage weapon before arresting him.

Reid said the shock doesn't appear to have caused lasting injury but the "degree of violence" used in the arrest lingers.

"My knees kill me now," said O'Sullivan.

Reid said his client now descends stairs backwards to avoid some of the pain. O'Sullivan has seen a doctor about his injuries, Reid said.

Police said he was combative and "physically resistant" with officers. O'Sullivan denies that report vehemently, saying he was trying to talk with them when shocked.

"I don't resist," he said. "Had I resisted they would be in hospital still. These bastards, they're not police -- they're thugs with badges," he said, though he stressed the remark is limited to his arresting officers, not the entire city force. "There's a lot of great guys I know on that force," he said.

"The police just moved too quickly," Reid said. "I think good policing means listening a little to the other side first."

"If you don't investigate further it just turns the complainant into the police," he said, adding officers "acted like judges" on the night in question and used the Taser needlessly. Talking with O'Sullivan would have led to a different result, he said.

Chief McMullan said she couldn't comment directly on the case. "I can't comment on whether a complaint has or hasn't been filed," she said. "Mr. O'Sullivan and his lawyer are free to state whatever they wish to state. The police service is not," McMullan said. "If there's a complaint made ... we'll make sure that it's fully investigated and a report will be filed with the outcome, but I can't comment specifically on the information that you have," McMullan told The Intelligencer.

She said commenting would identify the person publicly as someone complaining about police. "We don't want that to be a deterrent," she said.

Allison Hawkins, a spokeswoman for the OIPRD, said the agency takes up to 10 days to ensure a complaint falls under its mandate. Conduct complaints take on average 90 days to investigate, she said.

Complaints can be probed by either the local police service, another police service or the OIPRD.

The local police chief is given a copy of the complaint; the officer in question receives an edited version. Regardless of who investigates, that agency must rule whether or not a complaint is substantiated. Substantiated complaints are deemed serious or less serious, said Hawkins. A complainant can appeal the decision of a police chief.

"If it's retained by our office our decision is final," said Hawkins. "Decisions are only made public if they go to a disciplinary hearing," she said.

Reid said he was commenting on the case only because interviews were requested. O'Sullivan isn't complaining out of a desire for media coverage, he said. Reid said the concern about use of force should be addressed. "If it's swept under the carpet that doesn't help anybody." He added O'Sullivan has "other avenues" to address his concerns outside the OIPRD complaint process and that a civil lawsuit against police is "still a possibility."

O'Sullivan said he would seek financial compensation.

Reid, though, said the OIPRD process "is a really good way of redressing this issue" and he and O'Sullivan will watch it unfold. "This may be all that's required."

New Brunswick Police divided on use of Taser cams

Tasers with cameras attached to them to record what happens when the weapons are deployed have made their way to New Brunswick.

But there is no uniform policy on the use of Taser cams - or stun guns - in the province.

The Telegraph-Journal has learned that at least one of the province's municipal police forces - Edmundston - has shelved the controversial weapons, while others have no plans to purchase them as a result of the public debate over their safety.

The Saint John and Fredericton police forces have been using the Taser cams for more than two years.

But a poll of the other municipal and regional police forces in New Brunswick found a different story in each community.

The Rothesay police detachment uses the stun guns but without the camera attachment. Grand Falls and Bathurst don't use Tasers at all.

A Bathurst police spokeswoman indicated the force is apprehensive about purchasing Tasers until a uniform policy on their use comes into place.

The unwillingness to use the devices stems directly from the death of air passenger Robert Dziekanski, according to Edmundston Deputy Police Chief Percy Picard.

"We do have the Taser with the camera attached, we have three, but they are not in use right now," Picard said. "We took them off the patrol division once everything with the Dziekanski case happened.

"We are waiting for the province and the New Brunswick police chiefs to come out with a policy and approach to their use."

Dziekanski, en route to British Columbia from Poland to join his mother, Zofia Cisowski, died in October 2007 after being subdued by a Mountie's Taser at the Vancouver airport.

A video of the confrontation, filmed by a fellow passenger, showed an agitated and disoriented Dziekanski zapped five times. It was seen by millions of people and triggered public outrage and widespread re-examination of stun gun use.

The RCMP recently apologized to Cisowski and agreed to a financial settlement.

Picard said there is a sense of uneasiness by police officers around the use of stun guns.

"We are also currently in search for more training," Picard said. "It's another big issue."

The Woodstock Police Force has no plans to purchase Tasers, but would do so only if a camera is attached.

"We're not looking at (acquiring Tasers for use by the police force) in the near future," said Woodstock Police Chief Dana Collicott. "If at some point down the road we do look at outfitting our officers, we would go with the ones with the cameras.

"They record what is taking place at the time the Taser is used and would have some added evidentiary value for sure."

A RCMP complaints commission report on the Dziekanski case found there would have been "a clear benefit" to video footage capturing the events from the officers' perspectives.

A report recently released by Liberal senators also recommended that RCMP officers be equipped with miniature cameras to enhance transparency for both officers and citizens, protecting both sides from accusations of improper behaviour.

In New Brunswick, there is nothing mandating the use of Taser cams.

"At this point, there has been no move to make anything a requirement," said Barry MacKnight, president of the New Brunswick Association of Chiefs of Police.

"It's left to the individual agencies."

MacKnight said the association's use of force policy - rules for all of the province's police forces - was rewritten in 2007 to include specifics on the use of Tasers. But there have been no policy discussions on mandating cameras.

A spokesman for Taser International, the manufacturer of the Taser cam, said the camera device was created to provide heightened accountability.

"Certainly we are no stranger to controversy in Canada, but I think what the Taser cam does is it adds merit to the seriousness of what law enforcement thinks about the deployment of Tasers," said Taser International spokesman Steve Tuttle in a phone interview from the company's Scottsdale, Arizona offices.

"And that is that they do require accountability."

Taser cams have been in use since May 2003, mostly in the United States. Roughly 40,000 Taser cams are used by nearly 2,000 police agencies in 44 countries worldwide.

"People tend to behave better when they are on video tape, and it works both ways because the officers perform better as well," Tuttle said. "The Taser cam provides another layer of comfort for law enforcement agencies, but it is also a comfort to the public."

Codiac RCMP in Moncton are currently part of a national pilot project, along with the RCMP in Kelowna, B.C., testing the Taser cam and a second type of camera that attaches to an officer's belt radio.

Both options record audio and video. The Taser cam also includes a computer chip that records the time, date and duration of each Taser deployment.

"The RCMP continually reviews its policies and procedures to ensure best practices are being utilized by RCMP members," said Const. Chantal Farrah, media relations officer for both the Codiac RCMP and New Brunswick's J Division.

"This includes research of new technology, which is sometimes extended to pilot testing, if it is deemed to be a potential benefit to RCMP members in providing security to the Canadian public."

The cameras will be used in the field by Codiac RCMP by the end of June with analysis of the recordings and feedback from the members, according to Farrah.

Ontario Community Safety Minister Rick Bartolucci said last week he is considering making cameras mandatory with Tasers.

The Police Association of Ontario has voiced its concern with the move, its president saying he sees little use for the cameras currently on the market because they provide a limited view of an incident.

Both federal and provincial governments have been working on national standards for stun gun use, but Ontario moved ahead with its own plan earlier this month.

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

The New Brunswick Department of Public Safety declined to take a position on whether cameras are needed to record Taser use. The province maintains it is a decision to be made by the New Brunswick Association of Chiefs of Police.

MacKnight, who is also the Fredericton police chief, would not speculate on future discussions to make the cameras mandatory.

"We have not dealt with this issue from a policy perspective; we have only dealt with the general use of force policy on the use of conductive energy devices," he said.

"As far as the Fredericton Police Force is concerned, we have always had Taser cams as soon as we were operational with Tasers on the street.

"We see it as a very positive way to capture evidence of very critical incidents - when officers are resorting to the use of force in order to carry out their duties."

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.

Police Chief Cory McMullan talks about new taser guidelines

March 31, 2010
The Pioneer

Belleville's police chief is welcoming the new guidelines on Tasers. The Provincial government released the new rules on the use of "Conducted Energy Weapons" yesterday. The new rules give a lot of discretion to the officer using the weapon, and Chief Cory McMullan says that discretion is crucial. Only supervisors and Emergency Task Force officers will be issued the stun guns.

"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.

EDITORIAL: MPP's Taser push needs careful consideration

March 20, 2010
TEVIAH MORO, Orillia Packet & Times

Simcoe North MPP Garfield Dunlop is taking a risk by reopening the debate on the use of Tasers by Ontario police forces.

On Friday, Dunlop announced his plan to reintroduce a private member's resolution that calls on the Ontario government to equip all front-line officers in the province with Tasers. The Progressive Conservative's resolution also asks that the province train officers in the use of Tasers, generically known as conducted energy weapons (CEW).

As it stands, under Ontario's Police Services Act, only tactical team members and patrol supervisors are able to use Tasers.

Dunlop, as his party's community safety critic, says there is unanimous support among law enforcement agencies in Ontario to enable front-line officers to have Tasers.

There is little reason to doubt that, in general, law enforcement is supportive of outfitting more officers with conducted energy weapons.

And any tool or policy to help law enforcement get the job done should be embraced. But here's why Dunlop is taking a risk with his resolution, and the rub:

Tasers have gained a nasty reputation ever since 2007, when Mounties repeatedly shocked Polish immigrant Robert Dziekanski, resulting in his death in the Vancouver airport.

The jury is still out whether that reputation is well deserved. The provincial government is expected to table a report looking into the use of Tasers at the end of March, Dunlop notes.

Though some argue it's wrongheaded to compare Ontario police services to RCMP in Vancouver, looking at contrasts is worthwhile.

If the Dziekanski case were an isolated incident, are there any Ontario regulations that would have helped prevent such horrific misuse of the weapons? Perhaps restricting Tasers to tactical team members and patrol supervisors is one.

In the Dziekanski case, the RCMP officers obvisously lacked training. Would the same problem result in Ontario if Tasers were handed out to all front-line officers? How much would it cost to provide adequate training to prevent such a problem?

As it stands, in Ontario, people have died after being shocked by Tasers, whether it's due to "excited delirium" or not. In considering Dunlop's motion, lawmakers should think long and hard whether conducted energy weapons will bring more safety or grief to law enforcement.

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.