Ottawa police use of force ‘softer’: report

March 23, 2009
By Neco Cockburn, The Ottawa Citizen

OTTAWA — The city's police used batons and “hard” physical control techniques such as punching or kicking much less often last year than in 2007, statistics show, and the overall crime rate dropped 7.5 per cent.

The statistics are contained in the 2008 use-of-force annual report and a 2008 activity report, which will be presented at an Ottawa Police Services Board meeting Monday, along with the results of a public survey on policing.

According the use-of-force report, officers used batons 16 times last year, compared to 66 times in 2007, while hard techniques were used seven times in 2008, down from 37 the year before.

Use of Tasers and “soft” physical techniques, such as restraining manoeuvres and joint locks, increased among officers last year.

Tasers were used 27 times in 2008, up from 12 times in 2007. Soft techniques were used 37 times in 2008, compared to eight times the year before.

The use-of-force report states that the rise in Taser use is likely a result of the additional number of officers using the devices since November 2007, when front-line supervisors were authorized to use them. Previously, only tactical officers were allowed to use the stun devices.

A summary of the activity report indicates that the overall crime rate dropped 7.5 per cent between 2007 and 2008, although a breakdown of figures was not immediately available. Ottawa police officers received more than 364,000 calls last year.

Initial statistics show a decrease in reported crimes against people and property. The summary also indicates a slight increase in the number of Highway Traffic Act violations last year, but that traffic fatalities fell from 36 in 2007 to 23 last year.

Despite the more promising numbers, the public survey on policing services found that 43 per cent of 2,508 respondents perceived crime in Ottawa has risen over the past three years, although that was down from 54 per cent in 2006.

Top neighbourhood concerns include:

- speeding cars;
- aggressive driving;
- break and enters;
- thefts from vehicles;
- vandalism; and
- identity theft.

Top concerns at the city level include:

- presence of drugs and drug dealers;
- youth crime and violence;
- speeding;
- aggressive driving;
- robbery; and
- homelessness.

The survey also found that 86 per cent of respondents were satisfied with the quality of police service, while 68 per cent said police are doing a good or very good job.

As for use of force, 482 incidents involving force were reported last year, down from 511 in 2007. The decrease could be partially due to an overall decrease in calls for service in 2008, the report says.

Police officers are required to submit a report when they draw a gun in public, discharge a gun or use an intermediate weapon such as pepper spray, or if any physical force they use results in an injury.

Police used pepper spray 59 times last year, up from 54 times in 2007.

Officers drew guns 151 times and pointed guns at people 214 times last year (guns without holsters, such as tactical weapons, are not considered to be drawn). In 2007, officers drew guns 157 times and pointed them at people 212 times.

Officers fired their guns 62 times last year, all but once to kill dangerous or injured animals. At the end of December, an officer injured two people with one bullet when confronted by a knife-wielding woman in a Pinecrest Road apartment. The officer was cleared of any criminal wrongdoing by the province’s Special Investigations Unit.

Taser International disputes CBC/Radio-Canada testing as 'flawed'

December 10, 2008
CBC News

Taser International is responding to moves by several Canadian police agencies to pull some stun guns off the streets for testing following a recent CBC/Radio-Canada investigation into the devices, saying the U.S. laboratory tests commissioned by the CBC and Radio-Canada are "flawed."

Three of the X26 Tasers tested by U.S.-based lab National Technical Systems as part of a CBC/Radio-Canada investigation into the devices. (CBC) In written releases to news agencies, the Arizona-based company says the CBC investigation made scientific errors by failing to spark-test the weapons before firing them, which the company recommends to police officers.

However, Taser International's testing protocol used by CBC doesn't call for a spark test before conducting measurements. In addition, the CBC test found some units still delivering higher current after the equivalent of a spark test.

Taser International is also criticizing the CBC tests over the way the tests replicated electricity moving through a human body, which is measured in ohms.

The CBC tests followed the company's protocol and written instructions from Max Nerham, Taser International's vice-president of research and development. Nerheim advised using a resistance of 250 ohms when testing the Taser. After seeing the CBC test results, the company is saying that resistance should have been 600 ohms.

Statement by Taser International spokesman Peter Holran:
"It is regrettable that false allegations based on scientifically flawed data can create such uncertainty. Taser International stands behind the quality and safety of its products and is prepared to provide the assistance and information necessary to allay any concerns.

Taser International welcomes proper testing of its devices and has provided its factory test protocols to test laboratories in Canada so police agencies can avoid the scientific errors made by the CBC. Using proper test protocols will ensure that going forward decisions are not based on scientifically flawed data such as was presented in the CBC report.

According to the data provided by CBC from its test, ALL 41 Taser devices tested produced energy outputs consistent with the expected outputs published by Taser International. It also is apparent from the data that four devices each produced what can only be explained as an anomaly in peak current during one of six firings — the first firing of each device tested at 250 ohms — most likely the result of the testers failing to spark test the Taser device before the test — a requirement made to all officers and agencies in the training as a check for proper function and to condition electronic components."

The tests, conducted by the U.S.-based lab National Technical Systems, found about 10 per cent produced more electrical current than the weapon's specifications. The malfunctioning Tasers were manufactured before 2005.

This week, municipal police forces in B.C. joined the RCMP in suspending the use of all Tasers bought before Jan. 1, 2006.

Solicitor General John van Dongen said Tuesday the weapons will be tested to ensure that the electrical currents generated are consistent with the manufacturer's specifications.

"We are establishing a provincial standard for both testing and calibration so that we know that all of the equipment that's in service meets the required specifications," he said.

Van Dongen said the government has taken the action in the interest of public and officer safety.

Other police forces make similar moves

Meanwhile, other police jurisdictions across the country are also planning to test the older Tasers in the wake of the CBC/Radio-Canada investigation. Ottawa police are removing some of their Tasers from service and testing others.

The Ottawa police tactical and explosives unit has 32 Tasers, nine of which were manufactured before 2005, confirmed Staff Sgt. Mike Maloney, who is in charge of the unit. All nine older Tasers will be retired and replaced with newer devices.

The rest, all newer units, will be re-tested, even though they met standards in earlier tests, Maloney said. "We're just going to make sure we have the data to show that, yes, these Tasers are working properly."

The Winnipeg Police Service is also planning to remove older Tasers from service.

Police will decide in due course whether older X26 models of the stun guns will be tested and returned to service or new equipment will replace the old ones, a police spokesperson said Wednesday.

Of 191 Tasers in the Winnipeg police arsenal, 41 have serial numbers indicating they are older X26 models — made before 2005.

On Wednesday, Nova Scotia's justice department ordered police forces in the province to stop using the older Tasers.

Quebec was the first province to respond to the CBC/Radio-Canada testing.

On Dec. 5, the day after the test results were made public, Quebec's public security minister immediately ordered all police departments to take Tasers older than 2005 off the streets.

Police use of Tasers has generated intense public concern after Polish immigrant Robert Dziekanski died at Vancouver International Airport more than a year ago. An RCMP officer hit him with a Taser shortly before his death.

The Braidwood Inquiry, which has been looking at the use of Tasers and circumstances surrounding Dziekanski's death, will continue to examine the use of the weapons by municipal police, SkyTrain police, sheriffs and corrections officials in the second phase of the public hearing.

Statement by Taser International spokesman Peter Holran:

"It is regrettable that false allegations based on scientifically flawed data can create such uncertainty. Taser International stands behind the quality and safety of its products and is prepared to provide the assistance and information necessary to allay any concerns.

Taser International welcomes proper testing of its devices and has provided its factory test protocols to test laboratories in Canada so police agencies can avoid the scientific errors made by the CBC. Using proper test protocols will ensure that going forward decisions are not based on scientifically flawed data such as was presented in the CBC report.

According to the data provided by CBC from its test, ALL 41 Taser devices tested produced energy outputs consistent with the expected outputs published by Taser International. It also is apparent from the data that four devices each produced what can only be explained as an anomaly in peak current during one of six firings — the first firing of each device tested at 250 ohms — most likely the result of the testers failing to spark test the Taser device before the test — a requirement made to all officers and agencies in the training as a check for proper function and to condition electronic components."

Taser use-of-force details crucial to setting standards: experts

July 15, 2008
Neco Cockburn, Ottawa Citizen

OTTAWA - An Ontario Ministry of Community Safety and Correctional Services working group that is reviewing Tasers has identified use-of-force reporting forms "as an issue," a spokesman said Tuesday.

The group's review is expected to be completed in the winter, said ministry spokesman Tony Brown.

According to some police procedure experts, details missing from the current provincially regulated forms - which are used for training purposes and to compile information about Taser use by police departments - are crucial to understanding when, how and why police officers use the controversial devices, which deliver a pulsating electrical current that overpowers a target's nervous system.

The province's use-of-force forms have not been updated since they were introduced in 1990 and lack mandatory spaces for details such as the number of times a person was Tasered or whether the device was deployed in probe mode or "push-stun" mode, when the device is pressed against the body as more of a pain compliance tool.

"The reports feed directly into policy making," said Michael Lyman, a criminal justice professor at Columbia College of Missouri.

"We want to know who specifically is using the weapon and how often and under what circumstances," said Mr. Lyman, who is not a member of the working group.

Donald Van Blaricom, a former police chief in Bellevue, Washington, said agencies have been tightening up policies to try to eliminate misuse of the Taser.

"Of course, if you're going to tighten up your policy, you have to have detailed information on what's being done," said Mr. Van Blaricom, adding that a computer chip contained in each Taser records details about its use.

"That should be downloaded on each one of these use-of-force reports," he said.

Mr. Van Blaricom, who is often retained as a police practices expert, said he once dealt with a case in which a police officer in Mississippi used a Taser in push-stun mode on a woman 18 times, but only reported using the device twice.

"The more detailed the reporting form is, the better it can be reviewed."

Meanwhile, Frank Addario, president of the Criminal Lawyers' Association, which has called for a moratorium on the use of Tasers pending further study, characterized the device as "a contact weapon that has the potential to be deadly.

"Therefore, the circumstances under which it is being used and the justification for its use as opposed to some other manner of controlling the threat needs to be set out and there need to be standards," he said Tuesday.

Last month, the Citizen received 115 Taser-related use-of-force reports from Ottawa police under the Municipal Freedom of Information and Protection of Privacy Act.

The reports show that more than half the people involved in such incidents in the city are suicidal, mentally ill or emotionally disturbed.

Lorne Zon, chief executive officer of the Canadian Mental Health Association, Ontario, said Tuesday that the findings highlight the need for police forces to have training in responding to mental health situations and knowledge of crisis teams that can be available when a mental health issue is identified.

Mr. Zon also said that "more uniform collection of information and public reporting of the findings" would help set standards and help the public and police to assess Taser use.

Since October, Ottawa police have used an extra form to capture additional details regarding Taser use, such as how many times it was deployed and under what circumstances. However, those forms are not provincially regulated.

Ontario has no mandatory section for police to explain stun-gun incidents

July 15, 2008
Neco Cockburn, The Ottawa Citizen

Several details about Taser use are missing from provincially regulated reports used to collect information about the use of force by police departments.

The Ministry of Community Safety and Correctional Services' use-of-force forms have not changed since being introduced in 1990 and do not contain mandatory areas for officers to explain how and why a Taser was used.

According to staff at the ministry, which provided an e-mail response to a written question about oversight of Taser use, the forms are used for training and analysis purposes and can be used to compile information about the devices, which were introduced in the province after a pilot project in 2000.

However, many of 115 use-of-force reports involving Taser use by Ottawa police officers obtained by the Citizen under the Municipal Freedom of Information and Protection of Privacy Act contain little information that helps to give context to each use of the device, which delivers a pulsating electrical current that overpowers the target's nervous system.

The reports, one of the few policing forms that remain on paper rather than being electronic, contain areas where officers can check off various descriptions of the circumstances surrounding an incident, such as location, weather conditions, weapon carried by subject, number of officers involved and distance between the officer and subject at the time the decision was made to use force.

They have not been updated to include Tasers among the use-of-force options. Instead, officers must write the device into a category marked "other" on the form.

An officer could indicate the number of times a person was Tasered or whether the device was used in probe mode or "push stun" mode, when the device is pressed against the body, in a section marked "narrative."

However, the narrative section is not required to be filled out if an occurrence report has been filed as part of the police investigation. And it can be difficult to track down the detailed occurrence report from a use-of-force report, which contains no personal information.

"If the province wanted to come in and look at any type of stats, we would be able to give them certain numbers," said Const. Greg Borger, use of force analyst with Ottawa police.

But if officials wanted to determine how many times a device was used and whether it was effective, for example, "they'd have to literally go and pull the hard copies and review and take a look at them," Const. Borger said.

Since many of the narrative sections are not required to be filled out -- and are not entered into a database -- officials would have to go back to the occurrence reports for contextual details and "that might be very difficult to do," said Const. Borger.

Some narratives on reports completed by Ottawa police contain only sparse descriptions such as "tactical team dealing with EDP (emotionally disturbed person)" or "male Tasered to effect arrest," without detailing or explaining the events that occurred leading up to the decision to use the device.

One of the biggest controversies Ottawa has seen over police use of the device happened in 2003, when Ottawa police and RCMP Tasered several Algerians during a sit-in at the immigration minister's office. Five threatened to sue, but no officers were disciplined.

At that protest, Ottawa police also used a Taser on Paul Smith, a self-described expert in civil disobedience, while struggling to get him into a cruiser. Mr. Smith, who was handcuffed at the time and had "gone limp," was Tasered twice in the leg by Const. Paulo Batista, who was cleared in an internal investigation, but later found guilty of misconduct by the Ontario Civilian Commission on Police Services.

Two use-of-force reports in 2003 refer to a protest; both involve the same number of subjects and ended at the same time. All that is written into the narrative on one report is that a "tactical unit attended protest to effect arrests. Twelve protesters arrested. Several were uncooperative. Officer used Taser to effect arrest."

The other report simply says, "extracting protesters from a room after they were asked to leave. Arrested for mischief."

Other narratives contain similarly sparse details:

? About five years ago, officers used a Taser three times when a man reportedly resisted arrest. The narrative only states that "patrol requested tactical unit attend and assist with the arrest of a subject who was resisting arrest -- Taser was used three times and was effective."

? In 2004, the tactical unit searched an apartment while executing a drug warrant. "One officer implemented the Taser on an uncooperative occupant resisting being handcuffed," is all the narrative states.

In an e-mail response to a question about oversight of the Taser in Ontario, ministry staff wrote that police services are not required to submit use-of-force reports to the ministry, but the minister can ask for a report at any time.

"It is in this manner that information on Tasers is compiled," the e-mail said.

The ministry also has a guideline that recommends Ontario police services review the reports for training purposes and analyse trends.

But it remains unclear how much useful information can be collected from the forms for oversight purposes. And a section of the form that includes details about the officer involved is destroyed within 30 days.

Among findings released in a report last month, the Commission for Public Complaints Against the RCMP urged the force to change its reporting forms to maintain better descriptions of the events that led to the use of the device and better means of analysing what is compiled.

The report found it was often difficult to determine the "situational context" of deployments based on information contained in RCMP reports.

"For oversight and analysis purposes, the narrative portion of (the reporting form) needs to be properly filled out and an effective way of analysing that data must be identified and implemented," the report said.

It recommended that reporting includes "clear and concise" descriptions of the deployment, including the circumstances of use, the subject's behaviour and how that may have changed over the course of interaction, as well as situational factors that led to the officer choosing the Taser over other options.

The report also touched in the necessity to keep better records of how the Taser is deployed.

It found that among RCMP officers, the device is more commonly used in push-stun mode than probe mode. Push-stun mode will generally cause muscular incapacitation and is considered to be a pain-compliance tool, the report said. When deployed in push-stun mode alone, the device was used twice or more in 40 per cent of cases, according to the report.

"Given the propensity for 'usage creep,' the RCMP must have a clearer means of monitoring this type of deployment."

In Ottawa, police contend they use the forms as directed by the ministry, saying they are analysed and maintained for training and statistical purposes. A use-of-force analyst looks at each report and may consult with the officer involved if details are lacking or if clarification is needed, or if additional training is determined to be necessary.

Police Chief Vern White said his department uses the information to ensure appropriate use of the tool, but not oversight.

"We're not trying to justify the use of OC (pepper) spray, baton or Tasers. That's not our goal, to try and justify it," said Chief White, who has also asked to receive an e-mail summary of each Taser incident after the force expanded its use in October to provide supervisors with the device. Previously, only the force's tactical team had used the devices.

"What we're trying to do is make sure that they used the appropriate tool when they had to," Chief White said.

Since his time with the force, the police chief said he has had "no concerns about the use of Tasers in this city."

Ottawa police have also started using an internal form to provide additional details regarding Taser use, such as the number of times the device was used on a person and how it was deployed, since the number of users was expanded. That form, however, is not regulated by the province.

There are no plans to change policies or procedures in Ontario following the RCMP report, but "the ministry, along with our police stakeholders, has begun a review of conducted energy weapons" that is expected to be completed in the winter, ministry staff said in an e-mail.

The ministry will consider the RCMP report's findings and recommendations, staff said.

Last August, the Citizen filed a request with Ottawa police for information regarding Taser use.

The use-of-force reports were only released last month. The force's freedom-of-information office said for months that it was too difficult to find the requested information.

Tallying tasers (in the nation's capital)

The Ottawa Citizen has uncovered a fatality from January 2007 that was never widely reported. The 25 year old man's name was James Barber (thanks Kate!). This brings to 22 the total number of deaths in Canada proximal to taser use.

July 13, 2008
Neco Cockburn, Ottawa Citizen

Reports show more than half of stun-gun incidents in Ottawa involve suicidal, disturbed individuals

OTTAWA - Ottawa police officers arrived at an apartment one night about five years ago to find a suicidal male with four steak knives embedded in his stomach. He did not follow their commands, so officers drew a gun, but used a Taser instead, and took him into custody within about 20 minutes.

The case is indicative of most incidents in which the city's police officers have used their Tasers over the past eight years. More than half the people Tasered by Ottawa police are suicidal, mentally ill or emotionally disturbed, reports obtained by the Citizen show.

Through a request made under the Municipal Freedom of Information and Protection of Privacy Act, the Citizen received use of force reports regarding 115 Taser-related incidents between Oct. 15, 2000, a few months after the Taser was introduced as part of a pilot project, and March of this year.

The reports are regulated by the Ministry of Community Safety and Correctional Services and are to be filled out and reviewed by the police service. They do not record personal information, such as the ages of people involved, and often provide only brief narrative descriptions of incidents, but they offer a glimpse into the nature of calls in which Ottawa police have relied on the devices.

The reports show:

. Although most incidents occurred in houses or apartments, at least three people were Tasered in hospitals and four others in police cellblocks. In 2003, a "combative drunk" male allegedly refused to get into his cell, struggled with an officer and grabbed the cell door and would not allow it to be closed. A Taser was used to "touch Tase" the male's hand, forcing him to let go of the door.

. The person involved in a Taser-related incident had a weapon - usually a knife or other edged weapon - in at least 44 cases. The presence of a weapon was "unknown" in at least 25 cases. In one incident, a person allegedly injecting cocaine refused to drop a needle and officers used pepper spray and a Taser. In another incident, a male armed with a Taser was found in a public bathroom and was Tasered by police after allegedly being unco-operative. One male told security guards that he had a gun and pointed a black object at police officers. The object was later found to be a phone.

. Several cases involved people who were allegedly actively resisting arrest or threatening and assaulting police officers or other people at a scene. In 2000, a male threatened to shoot a paramedic crew that arrived at an apartment. Last year, a "very aggressive, very large six-foot-four, 250-pound male" was "not interested in verbal communications" and threatened three officers at the scene with "I'm going to punch your f--king lights out."

. Sixty-five males and 13 females were involved in Taser incidents. Gender was not indicated in 37 reports.

The high-profile deaths of several people in Canada who had been Tasered have made the use of the device highly controversial. Some say the stun-guns should be banned pending futher investigation into their safety, while others argue they save lives.

After 35-year-old David Leclair of Aylmer was shot and killed by a Gatineau police officer at the end of last month, his family said a Taser could have prevented his death. Others say the device is too dangerous, and point to the death of Robert Dziekanski, who died in October after RCMP officers used the device on him at Vancouver International Airport.

Last month, the RCMP's watchdog agency issued a report probing the force's use of Tasers, and recommended that no officer with less than five years' experience be allowed to use the device. The RCMP public complaints commission also recommended that the force instruct its members to immediately seek medical attention for the target of a Taser and make changes to its reporting form in order to include more information.

Ottawa, the first municipality in Ontario to receive Tasers, has largely avoided controversy, and officers here use the device less than those in other Canadian police departments who provide Tasers to all front-line officers.

Until last fall, Tasers were used only by the Ottawa department's 32-member tactical team. But in October, front-line supervisors were issued the devices, which can subdue a person with a pulsating electrical current that overpowers the nervous system.

Since Tasers were introduced, the number of incidents involving Ottawa police has fluctuated between eight and 19 per year. Last year, there were 11 incidents.

In cities such as Calgary, Edmonton and Winnipeg, where front-line patrol officers are authorized to deploy Tasers, use of the device is considerably more frequent.

Police in Edmonton used Tasers 88 times between January and October of 2007.

Ottawa police, who believe the device is an important tool, say the use of force reports show the range of incidents that have led to Taser use.

"People who are under the influence of alcohol and drugs, emotionally disturbed and (have) mental illness don't respond to pain compliance," said Staff Sgt. Mike Maloney, the head of the force's tactical unit.

Other options, such as pepper spray and batons "are based on pain compliance, where the Taser does not use that. It disrupts the nervous system, which allows us to take somebody into custody," he said.

The use of force reports also indicate:

. The decision to use the Taser was usually made when the officer was within three metres of the subject. In at least 46 cases, the decision was made when the pair were less than two metres apart. Use of force reports do not require officers to specify the number of times a person was been Tasered and whether it was a "push stun," whereby the device is pressed against the body, or whether the device's probes were deployed. The probes are tipped with a short dart that has a small barb that hooks into the body.

. Tasers were deemed to be ineffective in at least nine cases. One male swung a fridge in the way of the probes, while another male fell back into his apartment and the probes were dislodged by the door. Another Taser was rendered useless when its target wore baggy clothes.

. Tasers are often used in addition to other use of force options, such as pointing handguns or pepper spray. Pepper spray was used during an arrest involving a Taser at least 10 times. Amnesty International has raised concerns about the use of pepper spray, which affects respiration, in combination with Tasering. In one case, officers responded to a half-dressed mentally unstable and violent male on a road who was allegedly actively resisting arrest. The officer who used the Taser saw that baton blows and pepper spray were ineffective, the report states. The Taser was used, but a probe dislodged when the male hit the ground. The male allegedly continued to fight and officers tried to use the Taser again in push stun mode, but it did not work. Pepper spray was again ineffective, so officers tackled the man from behind and he was eventually controlled.

. Almost all injuries reported following a Taser incident were deemed to be minor - often caused by the probes hooking a person's skin. One fatal case was recorded. In January 2007, a 25-year-old man stabbed himself in the eye on Merivale Road and was Tasered after he tried to injure himself again. The man later died in hospital and Ottawa police were cleared of any criminal wrongdoing in his death by the province's Special Investigations Unit.**

Months and days of incidents were erased from reports given to the Citizen, making mid-year comparisons difficult. Still, the number of Taser cases does not appear destined for a large increase this year as a result of their expanded use.

Police reported that seven Taser incidents have occurred up to last month.

**On February 1, 2007, Chief Vince Bevan wrote a Letter of Commendation to the officers involved the night James Barber died:

Date Received: 01 February 2007

From: Chief Vince Bevan

OPS Members: Cst. Trevor Woods, Cst. Arun Daniels, Cst. Carlos Zapata, Cst. Steve Boucher

Excerpts from Letter:

On January 3, 2007, officers from West Division and Tactical were involved a dramatic and ultimately tragic incident involving Mr. James Barber. On the day in question Mr. Barber became involved in an altercation with another man while in a vehicle on Greenbank Road. Barber produced a knife and slashed the man, almost cutting off one of his fingers. The two ended up in a taxicab. At one point, on Merivale Road at Trenton Avenue, the taxi driver and the other man fled the cab leaving Barber in the rear seat with the knife. As attending officers surrounded the vehicle, Barber stabbed himself in the leg, and then drove the knife through his eyeball inflicting very serious injuries as a result. He was transported to hospital where he underwent surgery. Unfortunately, the injury was too severe and Mr. Barber passed away. I wish to commend Constables Trevor Woods, Arun Daniels and Carlos Zapata for their actions that day, including the textbook use of tactical communication in attempts to get Mr. Barber to drop the knife and surrender. They kept talking to the subject, and showed excellent restraint, despite the fact that Barber was armed and would not comply with commands to drop the weapon. I also want to commend Tactical Constable Steve Boucher who moved in, opened the door of the vehicle, and incapacitated Barber with a Taser gun. Barber was then subdued and transported to the hospital. All the officers involved acted with the utmost professionalism in a very demanding situation, making every reasonable effort to prevent Mr. Barber from harming himself and others. A letter from the Director of the Special Investigations Unit dated January 29th lauds the officers involved for their actions.

Taser Cams put to the test by Ottawa police

April 16, 2008
CBC News

A camera built into the grip of a Taser stun gun that records audio and video during its use is being tested by the Ottawa police force. About 21 officers are carrying Taser Cams in the field and will be testing them over the next six months.

The video camera is built into the bottom of the grip of the Taser and is activated by the release of the safety catch. Steve Tuttle, a spokesman for Taser International in Scottsdale, Ariz., said the Taser Cam is a response to concerns from the public, who want to make sure the devices aren't being used in a careless or brutal manner.

"Adding some accountability does not hurt," he said.

Ottawa police Sgt. Mark Barclay, the force's main stun gun expert, said police hope the cameras will calm the fears of citizens and watchdog groups alike. "Now there's going to be that other piece of evidence that can be brought forward to look at," he said, adding that it will also protect officers from false complaints. "You explain what you're doing."

Reliability an issue

The camera is activated by the release of the stun gun's safety catch and doesn't shut off until the gun is shut down. Taser International said police won't be able to override the camera or edit the footage after the fact.

Barclay said he has used the Taser Cam twice. It worked well on one of those occasions, but the other time, the camera blanked out when Barclay pulled the trigger on a man who was holding a knife to his own throat. He said that's the type of scenario the device is designed for.

So far, another problem with the cameras is that police are trained to shoot their service pistols with a two-handed hold, and may use that hold for their stun gun in a stressful situation, blocking the camera lens, Barclay said.

Recordings may be incomplete: critic

Matthew MacGarvey, a lawyer who helped win an appeal case that found an Ottawa police officer guilty of excessive force after a stun gun was used on an Ottawa man at a demonstration in 2003, said he likes the idea of the camera in theory, as pictures and audio often help get to the truth of an incident. However, MacGarvey said he believes the Taser Cam begins recording too late and doesn't show what led up to the use of the device.

Footage shot by bystanders helped MacGarvey's client Paul Smith win his case after an appeal of an internal investigation, and MacGarvey said it was also a bystander's video that led the public to question whether it was really necessary for RCMP officers to use a stun gun on Robert Dziekanski, who died moments later, at the Vancouver airport in October 2007.

In Smith's case, police cameras also videotaped the incident, but their footage blanked out during two periods coinciding with the time police used a stun gun on Smith.

"In the case of the Vancouver airport, if that video would have been shot by a police officer, I don't think we would have seen what we in fact saw," Smith added.

Smith was shot with a stun gun twice by a police officer while handcuffed after taking pictures at a demonstration outside the office of Citizenship and Immigration Canada in downtown Ottawa on May 29, 2003. An internal police investigation found two officers not guilty of excessive use of force. Smith appealed to the Ontario Civilian Commission on Police Services, which found Sgt. Paulo Batista guilty of excessive use of force in November 2005.

Ottawa police threaten 10 year old with taser

April 16, 2008
CBC News

An Ottawa couple has filed a complaint against local police after they came home to find their 10-year-old son handcuffed in a cruiser. Lukasz Gurzynski said officers threw him on a chair, threatened him with a Taser, questioned him and then handcuffed him.

Lukasz Gurzynski said he and five friends were in the midst of a noisy swordfight with sticks and a loud game of Xbox on Sunday when the next-door neighbour yelled at them to quiet down. The children turned the video game down and then went outside for a bit, said Lukasz. When they came back to the apartment, three police officers were standing outside.

"They came [into the apartment] with their guns and kicked the door open with their guns drawn," the boy told CBC News on Wednesday. "And when they saw there was no one in here, they hid their guns. So then they threw me on a chair and I have a scratch over here," said Lukasz, pointing to his back. "They started questioning me, and then after they threatened me with a Taser and they also threatened me that they'd put me in a straightjacket and take me somewhere. And then when they were done questioning me, they handcuffed me."

A neighbour called the boy's mother, Santana Gurzynski, who was at a nearby apartment, to tell her that her son had just been arrested. Gurzynski said she freaked out when she walked outside her building and saw her son in the back of a cruiser. "They just walked him out in the handcuffs. He was all crying and shaking," she said.

The parents say they were gone from their home for 40 minutes, and two 12-year-old girls were among the children in the apartment at the time. The father, Tomasz Gurzynski, said his son is no angel, but the officers' conduct toward Lukasz was unnecessary and unprofessional. "No father or mother wants to see their 10-year-old boy being handcuffed and treated like a criminal," he said.

Tomasz and Santana said that ever since the Sunday incident Lukasz has been "much calmer" and sadder and has spent most of his time quietly playing games at home. Lukasz said he has been having nightmares about the police raid and is startled every time he hears a door slam.

The Gurzynskis have filed a complaint and hired a lawyer to explore their options, but say what they really want is an apology.

Ottawa Police Service Const. J.P. Vincelette refused to comment on the case specifically, other than to confirm there was an incident, but added that police do handcuff children from time to time. "In general terms, I can state that for the safety of a young person involved or for the safety of the officer involved would be two circumstances where handcuffs could be used with a young person," said Vincelette.

As for Lucasz, he says he learned a lesson and will try to keep the noise down from now on.

Ottawa police taser teenager behaving erratically in traffic

December 26, 2007
The Canadian Press

OTTAWA - Ottawa police are defending the use of a Taser last week to subdue a teenager who was acting strangely in traffic.

Ottawa police were called last Thursday after a 17-year-old boy was found "acting in a strange manner" on a busy street near his east-end high school, said Staff Sgt. Peter Couillard. Police incapacitated the teen with a stun gun and took him into custody where he received "the attention that he required" before being released, Couillard said. "It's a very zero incident to us," he said. "From the police standpoint, it's just an average everyday call." Couillard added that if Ottawa police issued a news release every time a Taser was used, "we'd be writing them 10 times a day."

Every time an officer uses a Taser, a report is made to the force's Professional Development Centre, which monitors use of force options. When asked if it was necessary to use the stun gun on the teen, Couillard defended the move. "There's a lot of factors that come into play. You have to be acting in an aggressive manner and from there we figure it out as to what's the best method to take control of the subject in everybody's best interest," he said. "What he was doing was incorrect, and he was taken into custody with the appropriate manners, and he was provided the attention that he required."

The use of the stun guns has been under growing public scrutiny since the case of Robert Dziekanski, the Polish immigrant who died shortly after being shocked with a Taser and then manhandled by police.

The company that manufactures Tasers stresses the devices have never been directly blamed for a death and it has defended them in several lawsuits.

On December 27th, an article in the Ottawa Citizen, entitled "Taser remark taken out of context", said the following: An Ottawa police sergeant says his remark that the force's use of Tasers is very common -- as frequent as 10 times a day -- was taken out of context. The Canadian Press yesterday quoted Sgt. Peter Couillard as saying if Ottawa police issued a news release every time a Taser was used in the city, "we'd be writing them 10 times a day." Speaking to the Citizen yesterday afternoon, Sgt. Couillard didn't deny using the phrase, but said what he told the reporter was "more along the lines of, 'If we used it 10 times a day, we'd have to do press releases.'" The sergeant went on to say the Taser is "a tool that will be used, there's no doubt about it." He was responding to the news agency's inquiry regarding a story that appeared in yesterday's Citizen about the use of a Taser last week to subdue a teenager who was acting strangely in traffic. He said the use of the Taser was "similar to using pepper spray ... We go for a week and don't use it, then if we have a Saturday night in the Market that's stupid, we might use it a couple of times," he said.

The truth about tasers

November 24, 2007
Don Butler, The Ottawa Citizen

Ottawa police have been spared the controversy surrounding the use of Tasers, writes Don Butler, something the force attributes to good training, sound policy, and perhaps a little bit of luck.

At about 2:30 a.m. last Sunday morning, all hell broke loose in the ByWard Market. As a stunned crowd of barhoppers looked on, as many as 10 Ottawa police cruisers roared up and blocked the intersection of Dalhousie and York streets. Officers descended on a car driven by Marlena Sarazin, a 30-year-old single mother of two, smashing its windows when she didn't obey orders to get out.

According to one eyewitness, police then opened the driver's door, pulled Ms. Sarazin out and shoved her face-down onto the pavement. After one officer handcuffed her and pinned her with a knee, another zapped her with a 50,000-volt charge from his X26 Taser. Moments earlier, police say, they had tried to pull Ms. Sarazin over for suspected impaired driving. Instead, they allege she sped away, running over an officer's foot, then crashed into a taxi and a police cruiser. She has been charged with several offences including impaired driving, dangerous driving, failing to stop for police and resisting arrest.

Peter Beach, Ms. Sarazin's lawyer, won't discuss what his client told him about the Tasering. "It's obviously extremely painful," he says. "She came into the office on the Monday and there's a huge bruise on her arm, absolutely huge. There are two large puncture marks on her arm where the Taser went in." Because he doesn't have all the facts, Mr. Beach is not yet prepared to accuse police of overreacting. "I'm not going to jump up and down and say this is an outrage," he says, though he adds: "On the face of it, it seems that it might be." The incident is noteworthy for several reasons. For one, the target was a woman; the vast majority are men. It was just the 11th time this year that Ottawa police have used a Taser to subdue a suspect. And it was only the second time that someone other than a member of Ottawa's tactical squad had ever pulled the trigger.

The nature of the incident also adds fuel to the debate that has broken out over Taser use following the caught-on-video death of Polish immigrant Robert Dziekanski at Vancouver airport last month.

Thursday, a 45-year-old man died in a Dartmouth, N.S. jail a day after being Tasered, the 17th such death in Canada since the devices were approved for use. None, though, has yet been directly attributed to Tasers.

About 275 people in the United States have died after being Tasered. According to Amnesty International, coroners have listed the Taser jolt as a contributing factor in more than 30 of those deaths.

And the bad PR for Tasers just keeps coming. Yesterday, the UN's Committee against Torture said the using the weapons constitutes "a form of torture."

Earlier this week, Paul Kennedy, who has been assigned to review the RCMP's use of Tasers in the wake of Mr. Dziekanski's death, said police sometimes use the devices "inappropriately at too early a level of intervention." His concern echoes that of Amnesty International, which said last June that Tasers "are being used too readily by law-enforcement officers and too low down the use-of-force scale and not as a weapon of last resort." Amnesty wants police forces to suspend use of the devices pending a "thorough, impartial and independent" investigation into their medical and other effects.

The RCMP and the Edmonton police force, in particular, have been repeatedly embroiled in controversy over Taser use. Along with Mr. Dziekanski's death, the RCMP was involved in three of the six Taser cases involving death in 2005 and 2006. And between 2002 and 2006, Edmonton police were involved in eight of 15 Taser cases listed by Amnesty International as involving excessive use of force.

By contrast, Ottawa police -- the first in Ontario to get Tasers -- have had no Taser-related deaths and have been involved in only a single controversy since the devices were introduced in 2000 as a pilot project. That was in 2003, when Ottawa and RCMP officers Tasered several Algerians during a sit-in in the immigration minister's office. Five threatened to sue, but no officers were disciplined. During the same protest, Ottawa police also zapped Paul Smith, a self-described expert in civil disobedience, as they struggled to get him into a cruiser. Mr. Smith, who was handcuffed at the time, had "gone limp" when he was Tasered twice in the leg by Const. Paulo Batista, later found guilty of misconduct by the Ontario Civilian Commission on Police Services.

Staff Sgt. Mike Maloney, head of the Ottawa police tactical unit, has no simple explanation for why Taser controversy has largely bypassed city police. "I don't know that we're doing anything differently," he says.

Nothing is 100-per-cent safe, he acknowledges, including Tasers. "We could have people with pre-existing conditions that we could Taser tomorrow. Or we could have someone tonight who's under the influence of alcohol or drugs and we Taser them and they pass away." Yet he resists the suggestion that Ottawa police have simply been lucky. "I like to believe that we do practise due diligence and we use the equipment properly. We've had it for six years, and we have experienced tactical officers who are using it." Ottawa police deploy Tasers surprisingly rarely. They were used only 16 times during the two-year pilot project that led the province to authorize their use by police tactical units everywhere. Since then, the 32 members of Ottawa's tactical unit have used them between a dozen and 19 times per year.

Usage is likely to increase in future, though. In 2005, the province agreed to let frontline supervisors use the weapon. Ottawa police began issuing the devices to supervisors in October. By the middle of 2008, about 80 Ottawa officers should have them. With Tasers in the hands of more officers, Staff Sgt. Maloney expects more use. In the past month alone, two frontline supervisors -- including the officer who Tasered Ms. Sarazin -- have used them on suspects.

Ultimately, Staff Sgt. Maloney hopes the province will let all frontline officers use Tasers. "They're the ones who are encountering these situations," he says. "We're not saying this solves all policing problems. It doesn't. But we feel strongly that this is a good tool for police officers. We do believe it saves lives." In Kingston, where police have deployed Tasers only 17 times in five years, Chief Bill Closs says his officers were affected by a Taser-related death that occurred in 2004. A Kingston man high on cocaine died a couple of hours after being Tasered.

An autopsy attributed the death to drug overdose. But Chief Closs said the experience has prompted his officers to "pause for one half-second" before using Tasers. "When something like that happens and you have a police force of 175 officers, they very quickly understand the serious consequences of using that weapon." In Ontario, Tasers are considered intermediate weapons. They can be used against those offering active resistance to officers, says Staff Sgt. Maloney -- people who are "either physically putting up their fists, turning their back or just not complying with your demands. That's when the Taser can be considered to be used." That doesn't mean they necessarily will be used, however. Officers must first evaluate the situation, considering such factors as the size and aggression of the subject, Staff Sgt. Maloney said.

"There are times you don't have very much time to make that assessment. It can go from verbal interaction with the individual all the way up to lethal force very, very quickly." Nor is there any prohibition against using Tasers on unarmed people. A recent review of RCMP Taser cases found that nearly 80 per cent of those zapped were not brandishing a weapon.

Tasers, says Staff Sgt. Maloney, improve safety by reducing the need to use physical force, including police batons. The electrical jolt from a Taser incapacitates subjects by jamming the nervous system and overpowering the normal signals of the body's nerve fibres.

And Tasers are here to stay, says Chief Closs. But he thinks politicians and police governing bodies have misled the public by selling them as an alternative to lethal force. That has created a false public expectation that police will only use Tasers when they might otherwise have to shoot someone. In fact, he says, the rules permit their use whenever police are dealing with someone who is actively resisting, engaging in "assaultive behaviour" or posing a threat to the safety of the officer or the public.

"The public should have been told the whole truth, and not part of the truth," says Chief Closs, who thinks frontline officers who use Tasers "have been hung out to dry." Many of the fatal incidents in Canada and the U.S. have been blamed on cocaine intoxication or other drug overdoses, as well as a condition known as "excited delirium." Though there is no medical consensus on the condition, excited delirium involves a constellation of symptoms including bizarre, purposeless behaviour, hyperactivity, incoherent shouting, extreme aggression and paranoia. Those in its grip may sweat profusely, have very hot skin, unbelievable strength and be impervious to pain.

A 2005 report done by the Victoria police for the office of the police complaints commissioner described excited delirium as a "medical emergency" that requires intervention and treatment, both for the individual's safety and for the safety of the public. "Immediate intervention with a single Taser application, followed by appropriate restraint techniques that do not compromise respiration and a speedy handover to medical personnel may represent the best possible scenario," the report says.

Ottawa police avoid things that may increase the risk of death associated with Tasers, according to Staff Sgt. Maloney. For example, Amnesty International says all six people who died in Canada after being Tasered in 2005 and 2006 were subjected to multiple cycles of the device. One man in Niagara received 12 shocks in three minutes.

It's unusual for Ottawa police to zap subjects more than once, Staff Sgt. Maloney says. "I've never seen it more than three times," he says. "If it's working, once is usually enough." Amnesty has also raised concerns about the use of pepper spray, which also affects respiration, in combination with Tasering. That occurred in four of the six deaths in 2005 and 2006.

Staff Sgt. Maloney says Ottawa officers might pepper-spray a subject initially, then Taser them if that doesn't work. "But you wouldn't Taser, have the person under control, and then pepper spray. If the Taser is working, that's your last means." In a 2004 report, Amnesty said five of nine people who died in Canada after being Tasered between 2002 and 2004 were "hogtied," with their wrists or elbows bound behind them to their shackled ankles. This could make breathing difficult and contribute to "positional asphyxia." But Staff Sgt. Maloney says hog- tying, though once practised by Ottawa police, is now banned. Once suspects are secured and handcuffed, officers are instructed to get them off their stomachs and into a "recovery position" as quickly as possible.

For greater accountability, new Tasers come with built-in audio and video recording capability. That encourages proper use, says Staff Sgt. Maloney. "I don't think we should hide from that." In the wake of Mr. Dziekanski's death, Staff Sgt. Maloney says police in Canada "are taking a very big hit. People are very upset, particularly with the RCMP.

"They've seen some very graphic footage. I don't know when the last time was we've seen somebody die on national television." Even his five-year-old daughter asked about Mr. Dziekanski's death "because she knows daddy is a police officer." He told her it was an accident, he says. "I guess that's how I look at it -- it was an accident. It wasn't intended. I can believe those four officers are having a tough time. A human being lost his life. And we don't swear an oath to do that." Meanwhile, Mr. Beach says his client, Marlena Sarazin, is still recovering from her Taser experience. Days later her hands were still tingling, though she's been told those effects will gradually subside.

Tasers were marketed as a less-invasive way of subduing suspects, Mr. Beach notes, "as if they were something like a whiff of laughing gas. They're obviously much more invasive than that."

Shocking suggestion - Ontario police chiefs ask for taser funding for frontline cops

October 16, 2007
John Willing, Ottawa Sun

Ontario police chiefs are pressuring the new Liberal government to give forces the option to arm frontline officers with Tasers as controversy once again surfaces over the stun guns. In Ontario, only police supervisors and tactical officers are allowed to carry the devices. Ontario permitted tactical teams to use stun guns in 2002. Officers on Ottawa Police Service's tactical unit are the only ones on the force who currently carry the weapons. Ottawa police continue to plan for a rollout of Tasers to supervisors.

Man dies after eye stabbing in taxi

January 8, 2007
CBC News

A 26-year-old man apparently stabbed in the eye during a bizarre taxi hijacking last week is dead.

James Barber died Friday night in hospital, where he had been in critical condition since the Jan. 3 incident, Ontario's Special Investigations Unit said in a news release.

The incident began in Ottawa's west end at 2:45 a.m. ET on Wednesday, when a taxi picked up two men near Greenbank and Iris Roads, the SIU said.

Local taxi union head Yusef Al Mezel said Wednesday he spoke to the driver, who reported that two men were bleeding and held a knife against his throat to make him drive.

The SIU release said the driver called police, who met the vehicle near Merivale Road and Trenton Avenue.

Mezel said at that point the driver and one passenger jumped out, leaving Barber inside the car.

Police surrounded the car and spoke to Barber, who eventually emerged with a stab wound to his eye.

The SIU is a civilian government agency that investigates instances involving police in which someone is seriously injured or killed.

Use of taser at demo ruled 'unnecessary'

November 10, 2005
CBC News

An Ottawa police officer was found guilty Wednesay of "unnecessary exercise of authority." The Ontario Civilian Commission on Police Services heard evidence from a man who was shot with a taser at a demonstration two years ago.

Paul Smith had arrived at a demonstration outside the office of Citizenship and Immigration Canada in downtown Ottawa just after 9 p.m., May 29, 2003.

About 50 people had turned out to protest the plight of 10 Algerian refugee claimants inside the office. Smith says he was taking pictures from the sidelines when two officers approached him.

"I have witnesses who say I wasn't doing anything. This guy wanted to get a protester," Smith says.

The commission heard that one officer held and handcuffed Smith, and then asked for help from another officer. That's when Sgt. Paulo Batista arrived and shot Smith with a taser gun as he lay on the ground. Smith was jolted a second time as he was dragged toward a police cruiser.

An internal police investigation originally cleared both officers. But Smith appealed that decision, and, on Wednesday, the independent commission found Batista guilty of using unnecessary force when he tasered Smith. The other officer was found "not guilty."

Smith's lawyer, Matthew McGarvey, says the process for people in Smith's situation is stacked in favour of the police.

For Paul Smith, there is no financial settlement attached to Wednesday's ruling. But, he says, it's reward enough to be vindicated.

Ontario police forces getting stun guns

July 15, 2002
Canadian Press

OTTAWA -- Ontario's police forces are getting stun guns, the province's public-safety minister announced Monday. Bob Runciman said tests of the Taser guns over the last year by officers in Ottawa and Toronto have demonstrated the weapon is effective.

"We took a long, hard look at the Taser before deciding to allow all police services to use it," Runciman told a news conference at Ottawa's city police headquarters.

"Field tests conducted by the Ottawa-Carleton Regional Police Service and the Toronto Police Service showed the Taser is highly effective in both urban and rural communities."

Runciman said the stun guns are not intended to replace other weapons.

"They are not a panacea. They do not provide a solution for every difficult situation officers may face," he said.
"But they are an important tool and our government is committed to providing police services with the best tools to do their jobs."

Taser is an acronym for Thomas A. Swift Electrical Rifle, according to the company that manufactures the guns.

Once fired, they use a pulsating, 50,000-volt electrical current that's delivered through two probes. The current overpowers the body's normal electrical signals in the nervous system.

Despite the high voltage, they don't cause permanent damage, say police.

"They work at such low amperage, they do not affect the beating of the heart," said Metro Toronto Police Sgt. Don Cole.

The guns were also tested in Victoria and have already been approved for use across British Columbia.

The Mounties use them, too, as well as police forces in several American states.

A version of the gun was also made available to pilots in the cockpits of United Airlines flights following the events of Sept. 11.

For now, their use in Ontario will be limited to emergency tactical units. But that could be expanded, possibly to include them as part of the arsenal carried in regular police cruisers.

"That would be a broader decision," said Runciman. "We'd want to have consultation on that if we wanted to broaden it, to say for example, in all of the police patrol cars across the province.

"There's training issues involved. There's a whole range of issues that would have to be addressed."

Police services will have to apply for funding to purchase the guns through the proceeds of crime fund or other avenues, said Runciman.

Ottawa police test new weapon

May 24, 2000
CBC News

The Ottawa-Carleton police will be testing out a new weapon they say could save lives. It's a taser gun, designed to immobilize a person with a zap of 50,000 volts. To prove that it works, and that it's safe, police used it on each other and a few volunteers from the media.

The taser works by firing two tiny darts, each trails a copper wire. When they hit someone, the circuit is complete and 50,000 volts surge through the person's body. It makes the person lose control of their muscles, causing them to fall to their knees. This allows a police officer to gain control of the offending party.

"Basically we're looking for an option to bring a person under control without having to resort to lethal options," says Police Chief Vince Bevan.

Pepper spray is now in every officer's belt, but to be effective it has to go directly into a person's eyes.

The bean bag gun was considered a non-lethal way of bringing down a person, until three years ago when Ottawa police killed a deranged man with it. Constable John McDonald says, "This technology would have been perfect in this incident."

The tasers will only be in the hands of the tactical team during a six-month trial. It has the blessing of Ontario's solicitor general.

"The ministry itself is interested in making sure police officers have the equipment they need to fulfill their duties, and in this case we're interested in testing a new less-than-lethal-force option," says Steven Byrd.

It's hoped the tasers will be a deterrent more often than they are used. Chief Bevan says, "People should be warned: we have them and we won't hesitate to use them."

As with all non-lethal weapons, the benefits of the taser ultimately depend on how and when it's used.

Most people accept that it's better to be shot by a taser than by a police gun. The B.C. Civil Liberties Association welcomed the taser's deployment in that province for just that reason.

But some research suggests that the very non-lethality of weapons like the taser encourages police to use them in scuffles and demonstrations when, in the old days, no weapon would have been used at all.