Parents tell Taser inquest they hope son's death will bring change

July 19, 2013
Diana Mehta, The Canadian Press

MIDHURST, Ont. -- There's no doubt Aron Firman's death moments after he was Tasered by police was tragic -- all parties at the inquest examining the case of the mentally ill Ontario man agreed on that point.

But just how much of a role the electric stun gun played in the 27-year-old's death was the subject of much contention Friday before a jury retired to deliberate what's been described by Ontario's top pathologist as an "index case."

"There's clearly controversy around this case...specifically around the cause and manner of Mr. Firman's death," presiding coroner William Lucas said in his charge to the jury.

"The circumstances of the death of Mr. Firman have raised some questions."

Firman, a man with schizophrenia, died in June 2010 after an encounter with Ontario Provincial Police in Collingwood, Ont. Ontario's police watchdog cleared the officers of any wrongdoing, but said the Taser's deployment caused Firman's death.

Lucas suggested there were two possible ways to characterize Firman's cause of death -- "accidental," as Firman's family has suggested, or "undetermined," as Taser International has argued.

As he urged the jury to weigh all the evidence and testimony that has come before them, he warned the five-member panel not to resort to an "undetermined" cause of death as a matter of convenience.

"Finding a manner of death of "undetermined" should not be used simply as a means to avoid having to reach a conclusion which may be unpopular," he said.

The inquest, which has been sitting intermittently since April, has heard vastly different testimony from experts. Some have suggested that the use of a Taser on Firman was a key factor in his death. Others argued the stun gun had little to do with the fatality.

Firman's parents, who have maintained that their son would be alive if it hadn't been for the Taser, said they wanted his death to be a catalyst for change.

"I hope with all my heart that Aron's death will not be for nothing," father Marcus Firman said as he choked back tears. "My hope would be to come away from the inquest with a vision on how to go forward with dealing with mental illness."

Aron Firman was described by his father as a gentle, artistic and inquisitive man who was keenly aware of his "terrible illness." Both parents said their son's loss had left an aching void in their lives.

The lawyer for the Firman family suggested the jury deem Firman's death an accidental one in which the Taser was an important factor.

His argument was based largely on previous testimony from Dr. Michael Pollanen, Ontario's chief pathologist, who conducted Firman's autopsy and found the Taser was the "most immediate factor" in his death.

"If you find that the Taser was related in that death...the world will not end," lawyer Sunil Mathai told the jury.

"If you make that finding, you're not standing alone on that. You're standing with the chief pathologist of Ontario -- a man recognized worldwide as a leader in pathology."

Mathai also assured the jury that Firman's family was not seeking an eradication of Tasers.

"The family takes the position that Tasers have proper place in policing," he said. "This is not a Spanish Inquisition into Tasers. We are not seeking to remove them."

Meanwhile, the lawyer representing Taser International has suggested Firman could have died from cardiac arrhythmia brought on by "excited delirium" -- a condition sometimes cited as a cause of death in people using cocaine or those with severe mental illness.

David Neave urged the jury to label the cause of Firman's death as "undetermined."

"The preponderance of the evidence that is now before the jury is that the Taser played no role in his death," Neave told The Canadian Press outside the inquest.

"I don't think it's an index case...This case is not about Taser discharge. This case is quite frankly about the state of excited delirium that Mr. Firman was in and the medical conditions or medical changes that that syndrome causes."

The jury is now considering how it can characterize Firman's death and may put forward recommendations on what can be done to prevent similar deaths in the future. It is expected to return with a verdict next week.

The use of Tasers by police has come under increased scrutiny over the years, particularly in the high-profile death of Polish immigrant Robert Dziekanski, who died after he was Tasered several times during an altercation with RCMP officers at Vancouver's airport in 2007.

A public inquiry into Dziekanski's death has said multiple deployments of the Taser along with a physical altercation contributed to the circumstances that lead to Dziekanski's heart attack. The BC Coroners Service agreed with the conclusions of the inquiry.

Dziekanski's death led to a number of recommendations, which were implemented by all police officers working in British Columbia, including the RCMP. They included getting better training on Tasers, using the weapons only if there's a danger a suspect will cause bodily harm, and training officers in crisis management.

Firman's family made similar suggestions in 21 recommendations submitted to the jury on Friday.

They included asking the jury to recommend that Ontario Provincial Police provide annual, mandatory crisis intervention and resolution training, which would have input from mental health professionals and those with mental-health issues, and that the province appoint a co-ordinator for implementation of that training.

The family also wants the jury to recommend the OPP revise its use-of-force policy for conducted energy weapons so an officer is prohibited from using one unless satisfied that de-escalation or crisis intervention techniques haven't worked and no option involving less force will work to eliminate the risk of someone getting hurt.

Taser 'key factor' in Ontario man's death, says Ontario's top pathologist

Diana Mehta, The Canadian Press

Published Thursday, June 6, 2013 6:35AM EDT 

Last Updated Thursday, June 6, 2013 6:43PM EDT

MIDHURST, Ont. -- The death of a mentally ill man after he was Tasered by police three years ago was described as an "index case" by Ontario's top pathologist Thursday, as he identified the electric stun gun as a key factor in the fatality.

Dr. Michael Pollanen spent hours testifying at the inquest into the death of Aron Firman, a 27-year-old schizophrenic who died in June 2010 after an encounter with Ontario Provincial Police.

Pollanen called the incident "an accident" -- echoing a finding by Ontario's police watchdog that cleared the officers dealing with Firman of any wrongdoing.

"I have never seen a case where I was confident that you could link a Taser as factor in death, until this case," he told the five-member jury at the inquest.

"This is a first of its kind in Ontario."

Pollanen acknowledged there would be some who disagreed with his finding, particularly as the use of Tasers and their effects is still a growing field of study.

"There is unlikely to be entire uniform agreement on this case," he said. "But I would say it's too parsimonious to say the Taser was uninvolved in death."

Pollanen was careful to note, however, that while the Tasering of Firman was the "most immediate factor" in his death, it was not the only factor.

He described Firman's cause of death as "cardiac arrhythmia precipitated by electronic control device deployment in an agitated schizophrenic man."

But he also said Firman had a "moderately" enlarged heart -- though he did not have a specific heart disease -- and carried a gene which may possibly have made his heart more vulnerable to injury.

"The fatal outcome in this case likely presents the conjunction of many factors coming together at the same time," he said.

Pollanen made it clear he believed the use of Tasers by authorities had its benefits, and the electric stun gun's role in a fatality was rare, but nonetheless, he said, in some cases the use of a Taser does lead to death.

One possibility the chief forensic pathologist largely dismissed was a suggestion Firman could have died from a syndrome known as "excited delirium," which is sometimes cited as a cause of death in people using cocaine or those with severe mental illness.

A lawyer representing Taser International, which has standing at the inquest, took Pollanen to task on that point, arguing that Firman could very well have died due to excited delirium.

"I'm saying many factors of excited delirium are here," argued David Neave, who also said Pollanen had shown no objective published data which demonstrated that a Taser discharge can cause death.

For his part, Pollanen repeatedly told the inquest it was hard to determine the dividing line between severe agitation and excited delirium.

On that point, the lawyer for the Firman family argued that Firman had been severely agitated in the past but died after he was Tasered.

"It is the family's position in this inquest that if the Taser was not deployed and used on him, he would not have died," Sunil Mathai said outside the inquest.

Mathai added that the family agreed with Pollanen's noting of other factors which could have contributed to Firman's death, saying those elements contributed to "the susceptibility of his heart being captured by the Taser."

Firman's parents were present at Thursday's proceedings, as they have been throughout the inquest.

"It's been a very hard process for us to go through," Firman's father, Marcus Firman, told The Canadian Press.

"This is three years after the event and it brings everything back fresh."

The family is hoping that the inquest will lead to better guidelines around the use of Tasers by authorities and improved response techniques when police have to deal with agitated mentally ill people like their son.

The inquest began in April and was expected to hear from about 20 witnesses.

Aron Firman was a resident at a group home in Collingwood, Ont., at the time of his death.

A December 2010 report from Ontario's Special Investigations Unit said that on June 24 of that year two OPP officers responded to an assault complaint about Firman and found him sitting in a chair outdoors.

Both officers attempted to speak to "an agitated" Firman, according to the report. When they moved to apprehend him Firman got out of his chair and "moved aggressively" towards an officer, it said.

The second officer tried to intervene but was unable to do so as Firman hit her in the face with his elbow, said the report. Firman then moved toward the first officer who responded by discharging his Taser gun at him.

Firman was able to take a few additional steps before falling to the ground and losing consciousness, the report said. He was taken to an area hospital where he was pronounced dead.

In commenting on the case, the SIU director singled out the use of the Taser on Firman.

"In this incident, the Taser's deployment in my view caused Mr. Firman's death," Ian Scott said in his report.

While noting the responding officers had the authority to arrest Firman for assault and had not done anything wrong, Scott pointed out that the Taser is characterized "as a less lethal or intermediate weapon."

"In these circumstances, and in light of Mr. Firman's demonstrated degree of aggression, I am of the opinion that the Taser's deployment was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

The use of Tasers by police has come under increased scrutiny over the years, particularly in the high-profile death of Polish immigrant Robert Dziekanski, who died after he was Tasered several times during an altercation with RCMP officers at Vancouver's airport in 2007.

A public inquiry in Dziekanski's death has said multiple deployments of the Taser along with a physical altercation contributed to the circumstances that lead to Dziekanski's heart attack. The BC Coroners Service agreed with the conclusions of the inquiry.

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

November 15, 2011
Tracey Tyler, Toronto Star

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The appeal panel disagreed.

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

Taser-Struck Man Plunges From Balcony In Toronto

September 19, 2011
Huffington Post Canada

A tense standoff involving Toronto police ended with a man being shot by a Taser before plummeting from a balcony to the concrete below.

The man was rushed to hospital in critical condition just after 5 a.m. Monday, after falling what appeared to be a distance of about nine metres.

The drama began around 1 a.m., when police from 12 Division were dispatched to arrest a suspect on the fourth floor of 1735 Weston Rd. near Lawrence Avenue. The man descended from the balcony to the third floor as he tried to evade officers.

Watch video of the incident

The Emergency Task Force, which serves as the tactical unit of the Toronto police, were called in for assistance. A negotiation team spoke with the man for more than four hours trying to coax him down and persuade him to give himself up for arrest.

Over the course of several hours, he at times straddled the concrete balcony's ledge, stood on top of it or sat down and leaned against it as he smoked a cigarette. As police approached, he would move closer to the balcony's edge.

CBC cameraman Tony Smyth, reporting from the scene, heard the man swearing at police. At one point, the man could be heard calling back, "If you want to get me, you'll have to get me on the run."

Shortly after 5 a.m., an ETF officer on the balcony above aimed a Taser at the suspect below while the man began to smoke another cigarette.

A CBC camera captured images of a red laser sight aimed at the man before the Taser was fired. The sound of the Taser being discharged was audible and the man dropped from the ledge before officers rushing toward him were able to stop him.

The man was rushed to a trauma centre in critical condition.

The Special Investigations Unit has been called in to investigate the case. The independent unit is dispatched for investigations involving the police that lead to a death or serious injury.

Judge releases cellblock video of alleged mistreatment by Ottawa police

July 28, 2011
Steve Rennie, Canadian Press (via Globe and Mail)

A cellblock video has been released that captures the arrest of a woman who claims Ottawa police injured and strip-searched her before leaving her naked in a cell without medical attention.

Roxanne Carr was arrested and charged with assaulting police, obstructing police and damaging property in 2008. Those charges were dropped in April.

She is now suing the police department over their treatment of her during her arrest.

Several media outlets, including The Canadian Press, went to court to have the video released. Last week, an Ontario Court judge agreed to release the footage, but court workers couldn't find the video in the case file. A duplicate copy was released Thursday.

The incident is broken up into 26 video clips showing Ms. Carr's arrest from several different angles.

In the videos, officers drag a handcuffed Ms. Carr, who is wearing a black tank top and dark pants, from a police car through the hallways of the cellblock.

Ms. Carr's arms are cuffed behind her back. She does not appear to resist.

Two officers hold her by the elbows and lead her into a room with a counter. They lower her head-first onto the floor. Her head comes off the floor and falls back onto it as they shift her body.

She is lying face down when the officers remove her handcuffs. Then, they take two objects from her hair or neck and toss them onto a nearby counter. One officer kneels on Ms. Carr's back as the police wrap a strap around her arms. They then hoist her to her feet and walk her to a cell.

The videos do not have any sound.

There is no camera inside Ms. Carr's cell. At one point, a white gown is tossed from one of the cells. Later, an officer leads Ms. Carr, who is now wearing a white gown, from her cell to retrieve her clothes from a bin. She gets changed in another room.

The video shows Ms. Carr, again in the black shirt and pants, standing at a counter signing documents. She leaves the cellblock, stops in a stairwell to put her hair in a ponytail, and leaves the station.

It is not clear from the videos if she is in any pain.

She claims her arm was broken during the arrest and that she was dropped on her head.

None of the allegations have been proven in court.

“It's clear from the video that there's not an instance, not a muscle of resistance. And despite that, there's six police officers hog-tying her and then leading her on a leash to the cell, taking her clothes and leaving her naked for at least an hour,” said Lawrence Greenspon, Carr's lawyer.

“It's a very disturbing video. I shudder to think if people treat people like this when they know they're on video, how do they treat people when they know they're not?”

In a statement released this week, Ottawa Police Acting Chief Gilles Larochelle noted the Ontario Special Investigations Unit and the Ottawa Police Service's Professional Standards Unit both probed the incident and did not lay charges or find any misconduct.

“I am satisfied that cellblock officers handled the custody of Roxanne Carr with the utmost professionalism, especially when faced with a crisis in the cell,” Mr. Larochelle's statement says.

The Carr case has similarities to another case in which an Ottawa police officer was charged with sexual assault after a woman's much-publicized arrest.

The Special Investigations Unit was called in after video showed a special constable kneeing Stacy Bonds while she was being booked at police headquarters Sept. 6, 2008.

The video also showed male officers holding Ms. Bonds down while another officer cut off her clothes the night she was arrested for a liquor offence.

Ms. Bonds was subsequently charged with assaulting a police officer, but Ontario Court Justice Richard Lajoie stayed proceedings in her case after seeing the video.

Other elements of the Ms. Bonds video, along with several other videos showing different cases of alleged police brutality, are still under investigation by various agencies.

Coroners Inquest - Sean Reilly

A Coroner's Inquest into the death of Sean Reilly is taking place this week and into next week in Brampton, Ontario:

Monday (May 16), Tuesday (May 17), Wednesday (May 18), Friday (May 20), Tuesday (May 24)

Monte Carlo Inn Airport Suites
7035 Edwards Blvd Brampton
One block east of Hurontario off Derry Rd
Princess Grace Rm on 6th Floor
9:30am to 5pm

Sean Reilly, age 42, died on September 17, 2008. According to reports, he was tasered twice.

No one to wipe their tears - Family left to grieve by themselves without support after police homicide

April 16, 2011
Susan Clairmont, Hamilton Spectator

When someone you love is the victim of a homicide, you are catapulted into a very small group of mourners. When someone you love is killed by the police, you are dropped into a hole only a handful of others in this country will ever know.

The isolation for families of those killed by police is staggering. None of the normal support systems offered in homicide cases are there because nearly all of them are offered by and through the police.

"We've been feeling alone since the get-go, " says Rob Chinnery. "We are different from any other victims."

On Feb. 2, Rob's 19-year-old son, Andreas, was fatally shot by a Hamilton police officer. The officer was called to Andreas's apartment to deal with a disturbance.

It is unclear if the officer acted properly or not by shooting and killing Andreas. At this point, 10 weeks after the homicide, the province's Special Investigations Unit has still not concluded its investigation nor released any details about what happened.

What is clear is the Chinnery family has not been offered the help other families of homicide victims are afforded.

Two SIU investigators came to Rob's door to notify him of his son's death.

The SIU investigates all police-related deaths, serious injuries and allegations of sexual assault.

Once they are called in.

The normal protocol for a death notification when there is a homicide is Hamilton officers are accompanied by one of three full-time victim services staff members.

A homicide notification is considered such a sensitive and important matter that it is policy for victim services to be involved.

And not a volunteer member - a fully trained staff member. Someone who can spend time with the family, liaise between the family and investigators, guide the family through the legal process, assist with contacting other family and friends, help with funeral arrangements and media inquiries and recommend grief counsellors.

Yet when a police officer is responsible for the homicide, the Hamilton police send no victim services staff.

"The SIU sends their victim services person, " says Sergeant Terri-Lynn Collings, media officer for the Hamilton police.

But that's not the case.

The SIU did not send a victim services expert to notify Rob. Nor do they in most cases, says the unit's spokesperson Jasbir Brar.

"The lead investigators make notification," she says, adding they have had "sensitivity training."

Underscoring the confusing and sometimes nonsensical relationship between the SIU and Ontario's police services, there is nothing to stop police from providing victim assistance to families involved with the SIU, according to Brar. Yet there are strict rules prohibiting officers from having any contact with the same families.

Brar points out that even if police reach out, a family who has just been told police killed their loved one may not want to accept the offer of support.

Which makes sense. Yet the SIU doesn't fill that gap.

The unit's entire mandate is to investigate allegations involving terrible trauma. Last year it investigated 287 cases, where there are families mourning, possibly victims suffering and sometimes witnesses affected. Yet the SIU has only one "affected persons co-ordinator" to work with victims in the entire province.

Ironically, where does that co-ordinator, Nickie Buchok, work from?

Her home in Hamilton.

So it is conceivable she could have assisted the SIU investigators in notifying Rob of his son's death. But that simply isn't the way things are done.

Since the notification, Rob has spoken with Buchok and asked for counselling. But the SIU only makes referrals.

Rob and his remaining family say they didn't even know what the SIU was before it knocked on their door. Navigating the weeks since Andreas was killed has been frustrating and emotionally exhausting. They have few answers from the SIU - except that it is still waiting on forensic test results before it can conclude its investigation. They feel as if they are in the dark.

"In this case, there's a sense of shame on the family, " says Rob. "We're on our own because this is a homicide committed by police."

Families of homicide victims feel isolated as "their circle of support gets smaller and smaller, " says Bev Wilson, a traumatic bereavement counsellor who leads Hamilton's homicide support group called Lean on Me. "If the homicide is the result of a police shooting, the isolation is instantaneous."

She says the group would welcome the Chinnerys. About 30 people have gone through Lean on Me since it began three years ago. None have lost their loved ones at the hands of police.

"These people are stigmatized, " says Wilson. "People shy away from these families. So the support system is gone. They're in a world they've never been in before."

The stigma is greater when someone is killed by police, Wilson says.

When it comes to support, nothing should matter except that these families are grieving.

"They have done nothing, " says Wilson. "Nothing."

New rules urged for SIU probes

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

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

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

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

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

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

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

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

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

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

The LeSage review addressed all these points.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ontario) Police rarely use stun guns

December 10, 2010
SCOTT DUNN, SUN TIMES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Victim’s family wants Taser reclassified as lethal

“It’s a fact now — it’s lethal.”

December 10, 2010
Morgan Ian Adams, QMI Agency/Toronto Sun

COLLINGWOOD, Ont. - The father of a man killed earlier this year by a jolt from a Taser says the police weapon should be reclassified as lethal.

On Monday, the Ontario's Special Investigations Unit cleared a provincial police officer who administered the lethal shock to Aron Firman, 27, and blamed the weapon itself – only the second time in Canada that an official link been drawn.

“If the officer knew it would be lethal, I would hope (the officer) would have considered other options when dealing with an unarmed man,” said Marcus Firman, the father of the schizophrenic man.

On June 24, two officers who responded to a call of an altercation found Firman sitting on a chair in the backyard of the group home, according to the SIU report.

Police said Firman grew increasingly agitated as he was questioned and, according to the report, elbowed one of the officers in the face.

When an officer discharged his Taser, Firman reportedly fell to the ground, unconscious. He was later pronounced dead at hospital.

A post-mortem report indicated Firman died from “cardiac arrhythmia” precipitated by the use of the Taser.

Marcus says his son had a slightly-enlarged heart, and a “genetic marker” that occurs in roughly 20% of the population, in which the heart receives an excessive level of calcium, which could have been factors in his death.

“Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm,” he said. “It’s a fact now — it’s lethal.”

A coroners inquest continues into his death.

Father of fatal Taser victim speaks out

"Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm," he [Marcus Firman] said. "It's a fact now — it's lethal."

December 8, 2010
Barrie Examiner
By Morgan Ian Adams

COLLINGWOOD — The father of a man killed by police earlier this year says conductive energy weapons such as Tasers should be reclassified as lethal weapons.

On Monday, the province's Special Investigations Unit cleared the Collingwood OPP officer who administered the lethal shock to Aron Firman of any criminal wrongdoing. However, SIU director Ian Scott did pinpoint the Taser as the cause of the 27-year-old Collingwood man's death.

"The reality of it is, Aron didn't have to die," said Marcus Firman, who met with SIU officials on Monday to be briefed on Scott's report. "This is a tragedy on so many levels.

"If the officer knew it would be lethal, I would hope (the officer) would have considered other options when dealing with an unarmed man."

On June 24, two officers responded to the group home where Firman lived, to a call of an altercation. When officers arrived, they found Firman sitting on a chair in the backyard of the group home; according to the SIU, the officers attempted to question Firman, who grew increasingly agitated.

According to the SIU, Firman got out of his chair and "moved aggressively" toward the subject officer, a male. The other officer on the call, a female, attempted to intervene, but was struck in the face by Firman's elbow.

Firman advanced on the subject officer, who then discharged his Taser at Firman. He fell to the ground, unconscious, and when paramedics arrived on the scene, vital signs were absent. Firman was later pronounced dead at the General & Marine Hospital.

Marcus Firman says he was informed by the SIU that, based on witness statements, group home staff offered to perform CPR when they realized his son was in medical distress, but were refused by officers at the scene.

A post-mortem report indicated Firman died from "cardiac arrhythmia" precipitated by the Taser.

"The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model," said Scott in a news release issued Monday afternoon. "However, in this incident, the Taser's deployment in my view caused Mr. Firman's death. Obviously, in this case, there is a dissonance between the post-mortem findings and the aforementioned classification of the Taser."

Scott said the officer could have reasonably thought the Taser would not be lethal based upon his training.

The pathologist report by Dr. Michael Pollanen, Ontario's Chief Forensic Pathologist, also determined Firman has underlying health conditions which "could" have predisposed him to arrhythmia; Marcus Firman says his son had a slightly-enlarged heart, and a "genetic marker" that occurs in roughly 20% of the population.

Firman says based on the report of the pathologist and Scott's comments, Tasers should be reclassified as "potentially lethal weapons.

In Firman's opinion, the officers could have relied on pepper spray, a baton, or hand-to-hand, in order to subdue his son. Aron Firman was diagnosed as a paranoid schizophrenic, but was not regarded as a violent individual.

Firman also says the officers did not appear to be trained to "de-escalate a situation" involving an individual with a mental illness; he says officers would have been aware they were responding to a group home environment where there were residents with a variety of mental illnesses.

"Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm," he said. "It's a fact now — it's lethal."

Firman said he has spoken to the regional coroner's office, and has been informed there will be an inquest into his son's death. Under the Ontario Coroner's Act, an inquest is mandatory if the death occurs while an individual is in custody, or is being detained by a police officer.

Taser caused schizophrenic’s death, investigation concludes

December 7, 2010
Curtis Rush, Toronto Star

For the first time in this country, public officials have drawn a clear link between a police officer’s use of the Taser and the death of its target, according to a Toronto lawyer.

Julian Falconer was responding to the release of the findings by the Special Investigations Unit into the death of a mentally ill man this past June.

Ian Scott, director of the SIU, reported that “in this incident, the Taser’s deployment in my view caused [Aron] Firman’s death.”

Firman, a 27-year-old schizophrenic who was living in a home for mentally ill patients, was Tasered on June 24 in Collingwood after Ontario Provincial Police officers responded to an assault complaint.

The SIU report and the coroner’s findings, Falconer says, prove that the Taser should be reclassified as a lethal weapon.

The SIU did not find the OPP officer at fault, declaring that police had the legal authority to arrest Firman. And even though he believes the Taser caused Firman’s death, Scott wrote that this use of force was not excessive.

Scott’s report follows a medical examiner’s findings indicating that Firman died from “cardiac arrhythmia precipitated by electronic control device deployment in an agitated man.”

In the SIU report, Scott admitted that his findings and those of the medical examiner contradict the classification of the Taser as a “less lethal or intermediate weapon” in the OPP’s arsenal.

“Aron Firman did not have to die,” Falconer said. “This is the first case in this country in which public officials have taken the lead and declared conclusively the connection between Taser and death.”

Falconer is calling on Taser International to properly reclassify Tasers as lethal weapons and urged police officers to acknowledge that there is a risk of death in using the Taser.

“The fact that this is classified as a non-lethal weapon is fiction,” the lawyer said. “This is an important opportunity for Taser International to come forward and tell the truth about the Taser and tell the truth about its risks of fatality and to work with police to get this weapon classified accurately.”

Falconer said also that the OPP officers who responded to the victim’s residence did not have the proper level of sophistication to deal with somebody dealing with a medical crisis.

“Please keep in mind that was an unarmed man,” Falconer told the Star.

He said the victim’s family is committed to seeing a province-wide implementation of the kinds of mobile crisis teams available in Toronto.

In the SIU report, Scott calls attention to the possible training lapses of the OPP in this case. “The subject officer could have reasonably thought that the Taser deployment would not be lethal based upon his training,” the SIU director wrote.

This SIU report proves that “pepper spray clearly could have been used” in this case, Falconer said. The Taser, he said, should be used as a last resort short of a gun. “It’s seen in more innocent terms,” the lawyer said.

The independent agency determined the victim had underlying health conditions that could have contributed to his death. However, Falconer says that coroner’s refers to an excessive level of calcium going to the heart and that’s a genetic marker affecting about 20 per cent of the population.

Two OPP officers were dispatched to a Blue Mountain residence in Collingwood on June 24 following an assault complaint.

Firman was found sitting in a chair outside one of the buildings, but when police moved in to arrest him, he became agitated. He then got up and “moved aggressively” towards one of the officers, according to the SIU. One officer tried to intervene and Firman struck her in the face with an elbow, Scott wrote on his report. Firman continued to advance upon the subject officer and the officer discharged his Taser. Firman “took a few additional steps” before falling to the ground and lapsing into unconsciousness.

Emergency services responded and Firman was taken to hospital where he was pronounced dead.

Falconer said he will represent the family at an inquest. No decision has been made yet to pursue a civil lawsuit, Falconer said.

The SIU is an independent agency that investigates reports that involve police where there has been death, serious injury or allegations of sexual assault.

Meanwhile, the OPP says it has no plans to halt use of the Taser.

SIU concludes investigation into taser death

MISSISSAUGA, ONTARIO -- (Marketwire) -- 12/06/10 -- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an officer of the Ontario Provincial Police (OPP) - Collingwood Detachment, with a criminal offence in regards to the death of a Collingwood man in late June of this year.

The SIU assigned four investigators and two forensic investigators to probe the circumstances of this incident. The SIU designated four officers as witness officers and one officer as a subject officer. Twenty-three civilian witnesses were interviewed.

The SIU investigation determined that on June 24, two OPP officers were dispatched to the Blue Mountain Residence in Collingwood in regards to an assault complaint. The subject of the complaint, 27-year-old Aron Firman, was found sitting in a chair outside one of the buildings. Both officers attempted to speak to an agitated Mr. Firman, with varying success. When both officers moved in to apprehend Mr. Firman, he got up from the chair and moved aggressively towards the subject officer. The witness officer tried to intervene and get control of Mr. Firman, but was unable to do so as Mr. Firman struck her in the face with his elbow. Mr. Firman continued to advance upon the subject officer, who responded by discharging his Taser at Mr. Firman. Mr. Firman was able to take a few additional steps before falling to the ground and lapsing into unconsciousness. EMS was contacted and responded. Mr. Firman was taken to the Collingwood General and Marine Hospital where he was pronounced dead.

A post-mortem examination was conducted on Mr. Firman on June 26, 2010 by Doctor Michael Pollanen, Ontario's Chief Forensic Pathologist. The post-mortem report indicates that Mr. Firman died from "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man." The report further notes that Mr. Firman had a couple of underlying health conditions that "could" have predisposed him to arrhythmia in these circumstances. Of course, the legal determination of cause of death will be decided by an inquest jury, if an inquest is called.

Director Scott said, "There are no reasonable grounds to believe that the subject officer committed a criminal offence in relation to the death of Mr. Aron Firman. In my view, both officers had the lawful authority to apprehend Mr. Firman under s. 17 of the Mental Health Act. They also had the authority to arrest him for assault. When they approached him, he was significantly resistant and struck the witness officer above the eye with his elbow. The subject officer deployed his Taser, and for the purpose of my analysis, I am accepting that this deployment caused Mr. Firman's death."

Director Scott added, "The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model. However, in this incident, the Taser's deployment in my view caused Mr. Firman's death. Obviously, in this case, there is a dissonance between the post-mortem findings and the aforementioned classification of the Taser. However, the subject officer could have reasonably thought that the Taser deployment would not be lethal based upon his training. In these circumstances, and in light of Mr. Firman's demonstrated degree of aggression, I am of the opinion that the Taser's deployment was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

-- consider whether an officer has committed a criminal offence in
connection with the incident under investigation
-- depending on the evidence, lay a criminal charge against the officer if
appropriate or close the file without any charges being laid
-- report the results of any investigations to the Attorney General.

Contacts:
SIU Communications/Service des communications, UES
Frank Phillips
416-622-2342 or/ou 1-800-787-8529

Ontario police watchdog blames Taser in man’s death

December 7, 2010
Patrick White, The Globe and Mail

The investigator’s opinion is unambiguous and unprecedented: Stun guns can kill.

In what could be the strongest official condemnation of taser use ever issued in Canada, an investigation into the demise of 27-year-old Aron Firman has presented a clear connection between stun-gun use and the young man’s death.

Mr. Firman died on June 24.

Ontario Provincial Police had been dispatched to Blue Mountain Residence, a Collingwood group home, on a complaint that Mr. Firman had assaulted another resident.

When two officers arrived, Mr. Firman was seated in a chair. He calmly answered their queries until they told him he might have to go to jail. He rose and elbowed one officer in the head before aggressively approaching the second.

The second constable shot a taser at Mr. Firman, who fell to the ground unconscious. An ambulance crew rushed him to Collingwood General and Marine Hospital, where he was pronounced dead.

To investigate the death, the SIU brought in Michael Pollanen, Ontario’s chief forensic pathologist and a key player in cases involving the likes of Stephen Truscott and disgraced pathologist Charles Smith. He offered a clear cause of death for Mr. Firman: “cardiac arrhythmia precipitated by electronic control device deployment in an agitated man.”

Based on Dr. Pollanen’s postmortem and 28 interviews, Mr. Scott cleared the officers but blamed the weapon.

Most police agencies in Canada classify tasers as an intermediate “less-than-lethal” weapon. The SIU investigation offers a direct challenge to that designation.

“The last few months have been excruciating,” said Mr. Firman’s father, Marcus. “It is now compounded by the knowledge that it didn’t have to happen.… If I get nothing else out of it, it’s that protocols must be changed. Another life is too many.”

An inquest is expected to be announced in the case.

Previous inquests, including the Braidwood inquiry into the death of Robert Dziekanski, have only suggested a possible link between deaths and tasers.

A company spokesman said the SIU had not consulted Taser International in the investigation.

“TASER stands behind the safety of its products but we do not comment on an unfortunate death without having been provided any factual documentation by the SIU or had the opportunity to review the autopsy report,” Steve Tuttle said in an e-mail. “We continue to stand by the independent peer reviewed medical studies that have shown that the TASER electronic control devices are generally safe and effective.”

Taser killed Ontario man: SIU

December 7, 2010
CBC News

A stun gun killed an Ontario man with schizophrenia last June, but no criminal charges will be laid against the officer who used the weapon, Ontario's Special Investigations Unit has concluded.

On June 24, two Ontario Provincial Police officers were dispatched to a group home in Collingwood, Ont., where they tried to arrest to Aron Firman, who they say turned combative, elbowed one officer in the face and was then hit with the electric shot by the other officer.

"The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model," SIU director Ian Scott said in a release. "However, in this incident, the Taser's deployment in my view caused Mr. Firman's death."

Scott concluded that the officers had the authority to arrest Firman for assault and that there were "no reasonable grounds" to charge the officer who used the Taser on the 27-year-old with a criminal offence.

The "officer could have reasonably thought that the Taser deployment would not be lethal based upon his training," he said. "In these circumstances, and in light of Mr. Firman's demonstrated degree of aggression, I am of the opinion that the Taser's deployment was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

Firman's father, Marcus Firman, said the officers made things worse that night. His son struggled with life, taking pills to control voices in his head, smoking marijuana and having brushes with the law.

"Aron was obviously going through some sort of crisis, but at the time they entered there he was actually sitting down and they were able to ask him some questions," he said. "But they actually escalated it by threatening him with jail — actually telling him he was going to go to jail. He reacted to that … and he was Tasered … which killed him."

A post-mortem report by Ontario's chief forensic pathologist on June 26 indicated Firman died from "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man."

Firman's is only the second case in Canada where a medical examiner has blamed a Taser for sparking heart failure.

Following the SIU's report, Ontario Provincial Police Insp. Dave Ross said his force has no plans to stop using Tasers.

"Not at this particular time, but again there is likely to be an inquest," Ross said. "We'll participate fully with the inquest and look forward to any recommendations they may have."

A mandatory coroner's inquest will be held in Firman's case, according to a spokesman at the Ministry of Community Safety and Correctional Services.

"We will await the results and recommendations of the inquest," Stuart McGetrick said in an email.

"In the meantime, the ministry has in place a use-of-force guideline that sets out the procedures to be followed when a Conducted Energy Weapon is used, including circumstances for use, limitations, medical considerations, reporting and accountability, and equipment control," he said. "That guideline remains in effect."

The SIU is an independent civilian agency that investigates cases of serious injury, sexual assault or death involving police.

Ontario cop cleared in Taser death

December 6, 2010
Toronto Sun, QMI Agency

COLLINGWOOD, Ont. – There will be no criminal charges for a southern Ontario cop who killed a man with a Taser this summer, Ontario's police watchdog has ruled.

Ian Scott, director of the Special Investigations Unit (SIU), concluded there are no reasonable grounds to charge the Ontario Provincial Police officer with a criminal offence in regards to the death of a Collingwood, Ont., man in late June.

Aron Firman, a schizophrenic who was on medication to control his symptoms, died after a police officer stunned him with a Taser while responding to an altercation between Firman and another resident at a group home in Collingwood.

In his report, Scott attributed Firman’s death to the deployment of the Taser, but said the device is characterized as “less lethal,” which led the officer to reasonably believe it would not cause death.

The SIU assigned four investigators and two forensic investigators to probe Firman's death and interviewed 23 civilian witnesses. The SIU investigates whenever a police officer harms or kills a civilian.

“In these circumstances, and in light of Mr. Firman’s demonstrated degree of aggression, I am of the opinion that the Taser’s deployment was not excessive, notwithstanding the fact that it caused Mr. Firman’s demise,” said Scott.

'Bad attitude' led to violence, Ottawa defence lawyers say - Public will be 'shocked,' police chief warns

November 26, 2010
By Andrew Seymour, The Ottawa Citizen

Ottawa police officers displayed a "bad attitude" from the very beginning of a controversial cell block video showing Stacy Bonds being kneed, pinned to the floor and stripped of her shirt and bra, the head of Ottawa's defence lawyers association said Thursday.

"She is the smallest person in the room and the officers losing control of themselves in the situation so quickly is very concerning," said Doug Baum. "Why was there such initial roughness? Why the knee strikes?

"There was a bad attitude here that led to violence and improper procedure," said Baum.

The video was obtained exclusively by the Citizen Thursday following the newspaper's application for access to it.

The video, which shows Bonds treatment in the cells following her arrest on Sept. 26, 2008, was central to Ontario Court Justice Richard Lajoie's decision last month to stay charges against her of assaulting police. The judge halted the case against Bonds, finding Ottawa police arrested her unlawfully and called her subsequent treatment in the cells and the strip search a "travesty" and an "indignity."

Lajoie released the video to the Citizen under conditions the newspaper not publish or put on the Internet any portions of the video which showed Bonds' partially exposed breast or her attempts to cover herself with her arm and what remains of her tattered shirt and bra as she is led into a cell.

One of her lawyers, Natasha Calvinho, said Bonds did not oppose the release of the video, but wanted her integrity and privacy protected by the court. Calvinho said Bonds was a "victim" and feared the release of "humiliating" portions of the video would force her to relive what happened.

"To have it played over and over again on a webpage or on television just furthers the indignity of what these police officers did to her," said Calvinho.

The Crown also didn't oppose the video's release.

The Citizen was the city's only media organization to argue before the judge for a release of the videotape.

"Publication and broadcast of the video is vital for a full accounting and understanding of what happened to Ms. Bonds. It's a very important issue to the Citizen," said Editor-in-Chief Gerry Nott.

In the video, which has no audio and was shot just before 6:30 a.m. on the day of her arrest, Bonds can be seen being led through the police holding-cell area. The 27-year-old theatrical makeup artist with no criminal record does not appear to be resisting or aggressive.

Another camera angle then shows her being brought to a booking desk, where she can be seen turning around and appearing to be speak to the officers.

Bonds, whose hands had been cuffed behind her back, has her right arm come free from the handcuffs, prompting one of the officer's to put her in a wrist lock.

That's when special constable Melanie Morris knees Bonds twice in the back of the leg. Bonds' head is violently jerked backwards by the hair several times before she is forced forward against the counter.

Bonds' shoes are then removed and is searched. During an overhead camera view of that search, one of the officers can be seen sticking their hand down the back of Bonds' pants.

It's at that point Bonds appears to mule-kick Morris in the leg. A frame-by-frame playing of the video appears to show four kicks before two of the three male officers at the counter take Bonds to the floor, one of them grabbing her by the arm while the second tightly holds her neck and trips her with his leg.

That's when Sgt. Steve Desjourdy joins the three male officers. He picks up a plastic riot shield and places it across Bonds' legs. Desjourdy and Morris testified at trial she had been flailing her legs around.

Morris, limping noticeably, leans on a garbage can and then a wall before walking out of the frame.

Desjourdy leaves and goes to another desk, where he appears to put on a pair of goggles. He goes down a hallway and returns with a pair of scissors in his hand.

Desjourdy is then seen cutting away Bonds' shirt and bra as she lies prone on the floor.

Morris returns and at one point removes a black leather glove and appears to indicate an area on her leg.

The riot shield is then moved to cover Bonds' face, possibly to prevent her from spitting on the officers. Bonds does not appear to be resisting at any time.

Her bare back visible, Bonds is eventually lifted by the four male officers, her arm across her chest holding what remained of her tattered clothing in an attempt to prevent herself from being completely exposed.

Another camera angle, which is covered by the publication ban, shows Bonds being led down a hallway to a holding cell with nothing but her arm and the small piece of fabric covering her chest. The side of her breast is briefly exposed at one point.

Morris, the female officer, can be seen tearing away what's left of Bonds' shirt and bra before putting her in a cell with the help of the male officers.

Bonds, who had soiled herself, is then left half-naked and in dirty pants for at least three hours and 15 minutes before eventually being provided a pair of coveralls -- an outcome Lajoie attributed to the vengeance and malice of the officers.

There is no video of Bonds receiving the coveralls, however, and the next available video shows an officer standing outside the cell for several seconds before a now-clothed Bonds emerges just after 11:30 a.m.

Bonds had been walking home on Rideau Street in the early morning hours when she was stopped by police. An officer later claimed she had an open bottle in her hand, although Bonds denied that was the case and no bottle was ever seized by police.

An officer ran her name through a police computer and found nothing, so they told her to keep walking home. When she turned back to question why they had stopped her in the first place, she was arrested for public intoxication -- an arrest Lajoie found unlawful at trial -- and taken to police headquarters.

Her lawyer at trial, Matthew Webber, said the video is "indisputable" evidence of an "egregious" violation of Bonds' Charter rights.

"What it shows is a compliant accused coming into the station, not resisting. She could have posed absolutely no risk to any reasonable thinking person," said Webber. "It's an utterly inexplicable and unjustifiable use of extreme force."

In a statement released Thursday, police Chief Vern White said he understood Ottawa residents "will be shocked" by the video, but couldn't comment further because the matter is under a sexual assault investigation by the province's Special Investigations Unit. White, who asked for the public's "understanding and patience" while that investigation was under way, immediately ordered an internal investigation into the actions of the officers following the judge's decision.

Nathalie DesRosiers, general counsel for the Canadian Civil Liberties Association, said that was the right move.

"To the extent that she had no prior criminal record and was not obviously dangerous, the use of force and the way it is presented seems to be unwarranted," DesRosiers said after seeing the video. "Certainly, the cutting of the bra and the way in which it was done appeared to be another misconduct."

DesRosiers said the police reaction appeared excessive, especially when the four male officers appear to be "ganging up" on Bonds.

"You don't expect police violence of that sort unless they are in danger," she said. "They can only use reasonable force if it proportionate and warranted by the circumstances. In this case ... it seemed unreasonable force for the circumstances."

Baum said he was shocked by the initial attitude of the officers.

"She is not being escorted into the cell block, she is being yanked and pulled," said Baum, adding there was no apparent justification for the subsequent knees or strip search that followed.

In an opinion article on the Citizen's Arguments page today, the past president of the Ontario bar association, James Morton, concludes "for the sake of all Canadians a case like that of Stacy Bonds must never be allowed to happen again."

"The Stacy Bonds case shows a Canadian being mistreated by police in the nation's capital. Compounding the wrongful behaviour was the laying of charges for the apparent purpose of covering up misconduct," he writes in the opinion article.

OP-ED - How is it that people whose job it is to see justice done acted so unjustly?

November 26, 2010
James Morton, Ottawa Citizen

OTTAWA — Stacy Bonds, a young black makeup artist with no criminal history was arrested by Ottawa police, apparently for asking why police had stopped her for questioning. A video of her treatment in police custody is now available on the Citizen’s website, ottawacitizen.com.

The facts of Bonds’s treatment bear repeating. She was walking on Rideau Street in downtown Ottawa. She was neither drunk nor behaving inappropriately. The police stopped her and asked her name; she provided it.

After checking her name and finding nothing, the police told her she could go on her way. Bonds, as is her perfect right, asked why she had been stopped in the first place.

In response, the police arrested her for public intoxication and handcuffed her. As Ontario Court Judge Richard Lajoie later held, Bonds was not drunk. Once Bonds was taken to Ottawa Police headquarters, the judge noted that she was anything but “violent or aggressive.”

As can be clearly seen in the video, Bonds is much smaller than the police who confronted her.

In spite of the lack of violence or aggression, Bonds was assaulted by police. Judge Lajoie found she was the victim of “two extremely violent knee hits in the back ... and has her hair pulled back and her face shoved forward.”

Although it is hard to see exactly what happened afterwards because one police officer is blocking the video camera, it appears that a female police officer hurt her leg; she is seen limping in a later part of the video. Perhaps that injury explains what appears to be increasing hostility as the video continues. Bonds was forced to the ground with a riot shield — though she was “not resisting with hands flailing or feet flailing,” the judge said — and subjected to a strip search. The video shows four male officers and one female officer taking part in, or watching, as Bonds was forced to the ground.

Judge Lajoie severely criticized police actions at the station, saying it was “an indignity toward a human being and should be denounced.”

As a prosecutor and as a defence lawyer I have heard numerous complaints about police misconduct.

I have argued cases where an accused, charged with assaulting police, claims to have been the victim of police violence. Such claims have until now, I am afraid to admit, usually rung hollow with me. To be blunt, I did not believe them. I know that police have a difficult job. Police are often faced with violent, intoxicated individuals who have no regard for the truth and who will say whatever they think will get them out of trouble.

It is all too easy to assume that complaints about police brutality are false claims made to avoid the consequences of criminal wrongdoing. However, the Stacy Bonds case shows a Canadian being mistreated by police in the nation’s capital. Compounding the wrongful behaviour was the laying of charges for the apparent purpose of covering up misconduct.

How many “assault police” charges are merely trumped up for the purpose of concealing official wrongdoing? Put otherwise, absent a video recording, would Bonds have had a fair hearing?

The likely answer is depressing.

There is a malaise in the system. How could five police officers have taken part in the brutalization of Stacy Bonds and then allowed charges for “assault police” to go ahead? How could a Crown Attorney have failed to stay charges on seeing the video? More generally, how is it that people whose job it is to see justice done acted so unjustly? The system as a whole takes a beating when abuse occurs. Trust in the system is eroded.

To fix the problems the Bonds case uncovered will be difficult.

Yes, videotaping all police/citizen interactions will help and should be mandated. More broadly, a new professionalism is required in the justice system.

A free nation does not fear intimidation by police or the state. A free people can ask “why” when stopped by police. An honourable police force is not afraid to explain its actions to the people it is there to protect. Nelson Mandela rightly said, “I am not truly free if I am taking away someone else’s freedom, just as surely as I am not free when my freedom is taken from me. The oppressed and the oppressor alike are robbed of their humanity.” For the sake of all Canadians a case like that of Stacy Bonds must never be allowed to happen again.

James Morton is a Toronto lawyer and past president of the Ontario Bar Association. He teaches evidence at Osgoode Hall Law School of York University. The opinions expressed here are solely his own.

Ottawa police strip search video released

November 26, 2010
CBC News

A judge has released a portion of surveillance video showing the controversial strip search of a woman by Ottawa police officers in September 2008.

The video shows Stacy Bonds, 27, being forced to the ground and pinned by four police officers before having her bra cut off. Justice Richard Lajoie, of the Ontario Court of Justice, released the video to the Ottawa Citizen after the newspaper filed an application.

Bonds was strip searched after being arrested on Rideau Street for public intoxication — a charge stayed by Lajoie in a verbal ruling issued on Oct. 27.

The video shows four police officers leading Bonds into a cell area at the Elgin Street police headquarters.

When Bonds doesn't immediately turn to face the table-area, a female officer knees her twice in the upper leg, then grabs the woman's hair and forces her into place.

Bonds is held by at least one of her wrists by a male officer as the female officer removes her boots. The video then shows an officer reaching into the pocket of Bonds's pants and pulling out a handful of change, which is thrown onto a table.

At one point, Bonds kicks behind her, catching the female officer in the leg. The officer limps out of the frame, and another male officer can be seen entering the room.

Four male police officers force Bonds to the ground and place a riot shield over her legs.

A male officer leaves the room and returns with a box. He then cuts the back of Bonds's shirt and bra, leaving her back exposed. The female officer stands over Bonds, but does not appear to assist in the search.

The close to seven-minute video posted by the Ottawa Citizen ends with Bonds being lifted to her feet with her cut shirt still around her arms and covering the front part of her body.

In his Oct. 27 ruling, Lajoie said the officers left Bonds alone in a jail cell "half naked and having soiled her pants" after the search.

"That is why videos have become so important," Lajoie said.

"They provide us with these extra details that put meat to simple words that are spoken by witnesses."

Ongoing investigation

"I understand that Ottawa residents will be shocked by the video," said Ottawa police Chief Vern White in a media statement released Thursday.

White said he could not comment further due to an ongoing probe by Ontario's Special Investigations Unit.

White said the police force is "co-operating fully" with the SIU and has launched its own internal investigation.

The SIU is investigating whether Bonds was sexually assaulted while in custody.

"The key points are Justice Lajoie's comments regarding the strip search and the involvement of three male officers and the cutting off of the complainant's shirt and bra," said SIU spokeswoman Jasbir Brar. The SIU investigates reports involving police where there has been death, serious injury or allegations of sexual assault.

Video shows Ottawa police cutting prisoner's bra

November 24, 2010
Andrew Seymour, Postmedia News

OTTAWA — Video of a wrongfully arrested Ottawa woman being kneed, pinned to the floor and her shirt and bra cut off with scissors has been released to the Ottawa Citizen.

The video of Stacy Bonds' treatment in the Ottawa police cells was central to Ontario Court Justice Richard Lajoie's decision on Oct. 27 to stay charges against her of assaulting police. The judge called her arrest and strip-search a "travesty."

In the video, which was recorded just before 6:30 a.m. on Sept. 26, 2008 and has no audio, Bonds can be seen being led through the police holding-cell area. The 27-year-old theatrical makeup artist with no criminal record does not appear to be resisting or aggressive.

Another camera angle then shows her being brought to a booking desk.

Bonds, who had been handcuffed, has her right arm come free from the handcuffs.

That's when Special Const. Melanie Morris knees Bonds twice in the leg and Bonds' head is violently jerked backward by the hair several times before she is forced forward against the counter.

Her shoes are then removed and she appears to be searched.

As she's restrained, Bonds appears to mule-kick Morris in her socked feet. Two of the three male officers at the counter then take her to the floor by the arm and the neck.

That's when Sgt. Steve Desjourdy joins the three male officers, picking up a plastic riot shield and placing it across Bonds' legs.

Morris, limping noticeably and appearing to be in obvious pain, leans on a garbage can and then a wall before walking out of the frame.

Desjourdy leaves and goes to another desk, where he appears to put on a pair of goggles. He goes down a hallway and returns with a pair of scissors in his hand.

Desjourdy is then seen cutting away Bonds' shirt and bra as she lies prone on the floor.

The riot shield is then moved to cover Bonds' face. Bonds does not appear to be resisting.

Her bare back exposed, Bonds is eventually lifted by the four male officers, her arm across her chest holding what remained of her clothing in an attempt to prevent herself from being exposed.

Lajoie put a publication ban on the next part of the video itself.

The judge had severely criticized the police officers' actions at the station, saying "there is no reasonable explanation . . . to have cut Ms. Bonds' shirt and bra off, and there is no reason, apart from vengeance and malice, to have left Ms. Bonds in the cell for a period of three hours and 15 minutes half-naked and having soiled her pants, before she received what is called a blue suit.

"That is an indignity toward a human being and should be denounced."

Bonds had been walking home on a downtown Ottawa street in the early morning hours of Sept. 26 when she was stopped by police.

An officer ran her name through a police computer and found nothing, so they told her to keep walking home. When she turned back to question why they had stopped her in the first place, she was arrested for public intoxication — an arrest Lajoie found unlawful — and taken to police headquarters.

In the earliest available video, which shows Bonds being led from a police cruiser to the cell area, she appears to be stumbling and having difficulty walking.

The province's Special Investigations Unit has since launched an investigation into the officers' conduct. Desjourdy is now subject to an internal investigation and has been banned from dealing with the public.