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.

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."

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"It will save lives," he said.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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