Owen Sound Police Chief, Tom Kaye, Appointed to the Parole Board of Canada

February 9, 2011

Bruce-Grey-Owen Sound, ONTARIO – Larry Miller, MP for Bruce-Grey-Owen Sound, would like to extend congratulations to Owen Sound police chief, Tom Kaye, on his appointment as a full-time member to the Parole Board of Canada.

Tom Kaye has had a distinguished career serving the Owen Sound community. In 1995 he joined the Owen Sound police as deputy-chief. He was soon made acting chief in 1997 and was confirmed to that position in May of 1998.

From 2002-2003 he served as president of the Ontario Association of Chiefs of Police, and for the past seven years has been on the executive of the Canadian Association of Chiefs of Police.

Commenting on the appointment, Miller said “Mr. Kaye has been a great leader in both our community and the policing community. I would like to thank him for his years of dedicated public service.” Miller concluded, saying “I wish him all the best in his new post.”

Lawyers pulled from hearing into whether officers break laws

May 13, 2010
Robyn Doolittle, Toronto Star

Attorney General Chris Bentley is being accused of bowing to police pressure following a last-minute decision to pull ministry support from a controversial court case, which will rule whether officers routinely break the law when dealing with the Special Investigations Unit.

Four lawyers, including one of the ministry’s most senior counsel, had been representing SIU director Ian Scott in the proceedings. But late Wednesday, just hours before the hearing was scheduled to begin, the SIU – an arm’s length branch of the ministry – was told to find its own representation. The SIU investigates when a civilian is seriously injured or killed by a police officer.

MPP Peter Kormos, NDP critic for Community Safety and Correctional Services, said it looks as though the Attorney General is succumbing to police pressure.

“Something is seriously amiss here and it should be disturbing to everyone. The police seem to be able to call the shots with respect to the ministry of the attorney general,” he said.

The ministry did not respond to an interview request.

Scott has asked a judge to find that OPP officers and Commissioner Julian Fantino violated a section of the police act pertaining to SIU probes.

In court filings, he has called for an end to the longstanding practice of officers having their notes and comments vetted by a police union lawyer before being interviewed by the SIU. He has also taken issue with the fact that often one lawyer represents all the officers involved, including witnesses. Because lawyers are legally obligated to share information, Scott has argued police officers are not properly being segregated.

The case, which was launched by the families of two mentally-ill men killed by OPP officers last summer, is significant because although it is focusing on these two incidents, the practice of note vetting is common across the province. If the judge agrees with Scott, it will have widespread ramifications for Ontario’s police community.

Early Wednesday, just hours before the lawyers were removed, OPP union president Karl Walsh sent out an internal memo blasting the SIU and “assistance of the Ministry of the Attorney General.”

“We will not be treated as second-class citizens and demand that the established protections already in place not are tampered with,” Walsh wrote. “I ask that you pay particular attention to this issue and encourage you to let your elected representatives know about this unwarranted challenge to our rights and our integrity.”

The memo also revealed that the OPP union, Toronto police union, Police Association of Ontario and the Ontario Association of Chiefs of Police have pooled legal resources to fight the application.

Earlier this week, Bentley said that the ministry had not taken a position on the issue, but behind-closed doors, the police community had expressed anger over the legal support of the SIU.

Toronto Police Association President Mike McCormack said the move has nothing to do with police pressure. Ministry of the Attorney General lawyers were representing both the SIU and Fantino in the case.

“So there’s an obvious conflict there, this is the right move,” he said.

Kormos countered that the OPP and Fantino are actually part of the solicitor general’s ministry, so if anything, the conflict is with the commissioner.

“It’s very peculiar. The SIU is a part of the Attorney General’s office. It seems to me that the Ministry of the Attorney General should be representing its own body,” he said.

The taser party continues in Ontario

TODAY: Police Taser 22-year-old man
March 8, 2009
Bob Boughnerr, Chatham Daily News

A Taser was used Saturday morning by Chatham-Kent police on a 22-year-old Chatham man who resisted arrest. Police charged the man with resisting arrest and carrying a concealed weapon. The man was located on Thames Street shortly after midnight and there was a warrant for his arrest. Police said the man resisted an officer’s attempt to handcuff him. Police said the man kicked at them and banged his head on the side of the cruiser. During a search of his clothing, police found a folding pocket knife with the blade locked in the open position. Police said neither the accused or the arresting officers sustained any injuries.

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But I thought this was just exactly, precisely, absolutely no doubt about it the type of taser use that is no longer tolerated in Ontario! According to these guys, at least:

Owen Sound Police Chief Tom Kaye, February 20, 2009: "In Ontario, assaultive, combative behaviour has to be present, there has to be a threat in order for you to be Tasered."

Cornwall, Ontario Police Chief Dan Parkinson, February 23, 2009: 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.

Niagara Regional Police Deputy Chief Joe Matthews, February 27, 2009: In Ontario, the actions of police officers are determined by a "use of force" model, he said. In that model, someone who is actively resisting is someone who physically tries to prevent an officer from doing his or her job, but does not pose a threat. "The example I like to use is someone who is going to be arrested but says, 'No, you can't make me go,' and hangs onto a lamp post or something," Matthews said. "They are not posing a risk to the officer or to anyone else." After the Ontario Association of Chiefs of Police reviewed Taser use in the province last spring, it recommended a change to that policy. The NRP, as with several Ontario police departments, complied. Since July, NRP officers carrying Tasers can use them only when a suspect displays "assaultive behaviour." Matthews said under the use of force model, assaultive behaviour occurs when someone poses a risk to police officers or a citizen.

Tasers remain effective tool: NRP

February 27, 2009
Posted By GRANT LAFLECHE, The Standard, St. Catharine's

The number of times Niagara Regional Police have used Tasers dropped by more than half in 2008 as a result of changes to the rules under which officers can deploy the often controversial weapons.

The service has also pulled older model versions of the conducted energy weapon from service while they are tested to ensure they can be used safely.

While the changes reflect a response to ongoing concerns over the safety of the weapons and a public inquiry in Vancouver into the death of a man Tasered by the RCMP, local police say the weapons are still an essential part of their arsenal.

"Our goal is to use the least amount of force necessary (to apprehend someone)," NRP Deputy Chief Joe Matthews said. "We believe the conducted energy weapon is an effective tool to protect both the public and our officers."

On Thursday, the NRP released a report on the use of Tasers in 2008 and detailed the changes made by the service as a result of ongoing concerns over the weapons.

Tasers discharge 50,000 volts into a target, usually through two darts attached to the weapon by cords that are fired into the person.

A Taser can also be used directly against a person without the use of the darts.

The most significant change to NRP policy is the rules governing when the weapons are used.

Before July 2008, NRP officers were permitted to use Tasers when a suspect was determined to be actively resisting an officer, Matthews said.

In Ontario, the actions of police officers are determined by a "use of force" model, he said. In that model, someone who is actively resisting is someone who physically tries to prevent an officer from doing his or her job, but does not pose a threat.

"The example I like to use is someone who is going to be arrested but says, 'No, you can't make me go,' and hangs onto a lamp post or something," Matthews said. "They are not posing a risk to the officer or to anyone else."

After the Ontario Association of Chiefs of Police reviewed Taser use in the province last spring, it recommended a change to that policy. The NRP, as with several Ontario police departments, complied. Since July, NRP officers carrying Tasers can use them only when a suspect displays "assaultive behaviour."

Matthews said under the use of force model, assaultive behaviour occurs when someone poses a risk to police officers or a citizen.

The NRP report also said it pulled older models of the X-26 Taser from use to be tested.

Matthews said in December 2008, a CBC report indicated some X-26 Tasers made before 2005 were discharging more volts than they should. As a result, any X-26 Taser made before Dec. 31, 2005, was taken out of service and sent to a lab for testing.

"We are still waiting for results," Matthews said. "The lab we identified is currently dealing with a backlog because of the number of services testing these devices."

The deputy chief said the changed rules resulted in the Tasers being used in 44 incidents in 2008, down from 98 in the previous year.

Currently, only NRP supervisors and members of the tactical unit are authorized to carry Tasers.

Matthews said that is a rule set out by Queen's Park and won't change until the provincial guidelines are altered.

The Ontario Association of Chiefs of Police recommends all uniformed officers carry the weapons.

"That is a recommendation we support," Matthews said. "However, I am not aware of any changes coming from the province at this time."

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Niagara Regional Police Taser use

Number of incidents a Taser was used:

2008 44 2007 98 2006 87

2005 50 (First year Tasers were used. Data were only collected for a six-month period.)

2008 Taser use breakdown: Total incidents: 44 Total discharges of Tasers: 54

Location of Taser use:

Outdoors 52 per cent

Indoors 29 per cent

NRP cells 14 per cent

Hospitals 5 per cent

91 per cent of those Tasered were men. Four per cent were women and four per cent were animals.

Source: NRP report Conducted Energy Weapons Statistics for 2008

Police praise Tasers

February 25, 2009
Scott Tracey, Guelph Mercury

Guelph's deputy police chief welcomed a position document released yesterday that would see all officers authorized to carry Tasers.

"We do support the use of Tasers . . . and in the future we'd like to see Tasers for all officers," Brent Eden said in an interview.

The Canadian Police Association and Canadian Association of Chiefs of Police issued a joint statement yesterday supporting so-called conducted energy weapons.

At a news conference on Parliament Hill, representatives of the two organizations alleged the public has been misinformed that the weapons cost lives.

Tasers have come under close scrutiny, especially during the past month as a public inquiry plays out in Vancouver into the death of Polish immigrant Robert Dziekanski, who died in October 2007 after being stunned with a Taser by four RCMP officers at the Vancouver International Airport.

Earlier this month, RCMP Commissioner William Elliott announced his organization had revised its policy for using the weapons, adding that risks involved with using them include "the risk of death."

Eden conceded there are risks to using Tasers, as there are with all weapons, but noted there have been situations in which they have prevented injuries to officers and civilians.

"There's definitely a risk to using them," the deputy said. "They are a use-of-force application and there can be a risk associated with any use-of-force option."

Guelph Police received Tasers in December 2002, but currently only front-line supervisors and members of the tactical unit are authorized to carry them.

"We support a provincial push to have all officers equipped with conducted energy weapons," Eden said.

The Ontario Association of Chiefs of Police passed a resolution in 2007 asking the province to allow all officers access to the weapons.

Yesterday, OACP president Ian Davidson said his organization is still waiting.

"If a police officer, legislatively, can be trusted to carry a firearm then surely he or she should be permitted to carry a conducted energy weapon," Davidson, chief of the Greater Sudbury police service, said in an interview.

Davidson conceded the weapons have "come under significant scrutiny" by the media, which has "raised some questions" about the safety of Tasers that must be addressed.

But he said he is confident legislators and the public will eventually embrace the weapons as a valuable policing tool.

"Although not without risk, the CEW is a very viable use-of-force option," Davidson said. "This is something that simply has to be in the hands of officers."

Eden conceded the most important element of wider Taser use would be training, noting use of the weapons is not currently part of the curriculum at the Ontario Police College.

He noted training has not been a serious issue in Guelph as the weapons are only used by tactical officers, who receive the most training in the police service, and by supervisors who necessarily have years of policing experience to rely upon.

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.

OACP Report on Conducted Energy Weapons

Man dies after being tasered

September 18, 2008
JOSH WINGROVE, Globe and Mail

TORONTO — A 42-year-old Brampton, Ont., man died yesterday morning after he was tasered during a struggle with four Peel regional police officers while in custody the night before.

Peel police arrested Sean Reilly at a home in Mississauga around 5 p.m. Tuesday, charging him with assault with a weapon. He was taken to Peel's 12 Division station, where a "struggle" ensued in a cell, according to a statement by the province's Special Investigations Unit, which is now involved in the case.

Before being shocked with a taser, Mr. Reilly struggled against four officers, while a fifth looked on, the statement said. He then went into "medical distress" and was taken to Trillium Hospital, where he died at 4:45 a.m. yesterday, the statement said. No cause of death has been determined.

As is common with SIU investigations, Peel police have reserved comment, saying only that the SIU was investigating an "incident."

Mr. Reilly's death follows that of Robert Dziekanski, a Polish immigrant who died after being tasered in Vancouver International Airport last October; and of Michael Langan, 17, tasered and killed in Winnipeg last July.

Mr. Reilly is the 23rd person in Canada to die after being tasered. His family refused to comment last night.

A federal review on the use of tasers is ongoing, as well as several provincial reviews, including ones in Ontario, New Brunswick and Nova Scotia. Ontario regulates use of the devices, and won't approve any request for new tasers until its own review, which began in February, is completed some time this winter.

"Ontario will continue to take a measured approach on the use of tasers. Any decision on expansion will be withheld," said Anthony Brown, a spokesman for the Ontario Ministry of Community Safety and Correctional Services.

Currently, only tactical officers and police supervisors are permitted to carry a taser in Ontario. Police must submit a use-of-force report to the province every time they use the device. The Ontario Association of Chiefs of Police, however, has been pushing for any officer to be equipped with them.

"We believe that they are safe devices for use by police services," said Joe Couto, the association's director of communications, adding: "It's a little bit easy to blame the device, without knowing all of the other factors involved ... "

The manufacturer, Taser International, said yesterday its product is "among the safer use-of-force alternatives," citing various studies that support its claim. "We believe that taser technology protects life and we are prepared to help in the investigation of this unfortunate incident if asked," spokesman Steve Tuttle said in an e-mail.

An earlier, nationwide taser report delivered to the RCMP in June, commissioned after Mr. Dziekanski's death, said the Mounties did not perform "due diligence" in approving the use of the devices. It also said national standards, increased resources and co-ordination are needed to train officers to use tasers safely.

Former RCMP head Giuliano Zaccardelli said this month he believes police forces should stop using the devices.

A new, in-depth federal report on taser use, currently being compiled by the Canadian Police Research Centre, is due out next year.

Shock treatment - Ontario policing standards committee latest body to examine use of stun weapons

March 14, 2008
By JON WILLING, SUN MEDIA

The ministry that oversees policing in Ontario has launched a review into stun guns, the Sun has learned. The policing standards advisory committee, which falls under the Ministry of Community Safety and Correctional Services, has struck a working group to review police procedure, training and use of conducted energy devices, the most common of which is the Taser.

"The review is being conducted by the ministry and includes members of the policing standards advisory committee," ministry spokesman Anthony Brown said. Brown said the government has been taking a "studied approach" to the possible expansion of Taser use across Ontario's law enforcement agencies. The review is part of the government's "ongoing" examination of conducted energy devices, Brown said.

The working group will complete the review with the Ontario Association of Chiefs of Police, which also plans to strike its own sub-committee on stun guns.

Although discussions have been ongoing about a possible review of Taser use in Ontario, the ministry didn't decide on the formal study until a policing standards committee meeting on Feb. 20.

CURRENT PRACTICES

There was no immediate timeline for the review. The review is expected to identify current practices involving police use of stun guns. The ministry is also interested in learning what training has been provided to cops, in addition to collecting data on the frequency of the weapon's use.

The working group will come back with recommendations on how stun guns should be deployed in Ontario.

It's the latest review launched since Polish immigrant Robert Dziekanski, 40, died after RCMP used a Taser on him at Vancouver International Airport last October.

In December, the Commission for Public Complaints Against the RCMP made a number of recommendations, which included restricting the use of Tasers to situations involving combative individuals or those who might pose a risk of serious injury or death to an officer.

ENERGY DEVICES

The Canadian Police Research Centre announced a national review of conducted energy devices last November. B.C. will be holding a public inquiry, while Nova Scotia also reviewed the use of Tasers.

The "less-than-lethal" weapon is backed by Ottawa police brass.

Chief Vernon White has repeatedly defended the devices, even going as far as being zapped himself during a recent television broadcast. Ottawa police used Tasers 12 times in 2007. The force has used the weapon less than 20 times each year since 2000. Tasers are currently deployed to Ottawa police front-line supervisors and tactical officers.

The police chiefs association has been pushing the provincial government to allow all front-line cops to carry a Taser.

Tasers beat being shot

October 24, 2007

RONALD G. BAIN
Ontario Association of Chiefs of Police

Letter to the Editor, Globe and Mail:

Toronto -- In Ontario, every time an officer uses force in the course of his or her duty, including the use of a taser, the officer must file a detailed "Use of Force" report with the supervisor. All officers who are trained to use tasers - and currently in Ontario, only front-line supervisors and members of tactical teams are allowed to use these less-lethal weapons - must undergo extensive training at the Ontario Police College; training that is approved by Ontario's Ministry of the Community Safety and Correctional Services.