TORONTO STAR INVESTIGATION: WHEN POLICE LIE

April 26-May 1, 2012
Jesse McLean and David Bruser
The Star

A Toronto Star investigation that found more than 100 cases of police deception in Ontario and across the country.  "Their false testimony conceals illegal techniques, excessive force and racial profiling. But accused criminals are walking free as Canadian judges clamp down."

Part 1 - Police who lie: How officers thwart justice with false testimony

Part 2 - Police who lie: False testimony often goes unpunished

Part 3 - Police who lie: National police body says justice system needs to act over lies

Part 4 - Police who lie: For hollering at police, a man was beaten and Tasered

Part 5 - Police who lie: Judge said officer “intentionally misled the Justice of the Peace”

Part 6 - Police who lie: In Edmonton, a veteran detective’s testimony ‘excessively disturbing’

Part 7 - Police who lie: Affidavit by officer gave “misleading and false information”

Part 8 - Police who lie: Attorney general orders probe of police deception

Before the Star published the series of articles, Toronto police spokesperson Mark Pugash sent a combative statement in which he equated the language used by judges in the cases reviewed by the Star to “throwaway comments unsupported by evidence.”

The Star's letter to Mark Pugash.

Toronto police call for public debate/broader public discussion on arming more officers with Tasers

April 20, 2012
Natalie Alcoba, Postmedia News

TORONTO — Toronto police Chief Bill Blair is calling for a public debate about equipping officers responding to situations involving emotionally disturbed people with Tasers.

The chief made his comments following a police services board meeting Thursday in which residents, activists and people who have suffered from mental illnesses pleaded for changes to the way officers handle such incidents.

The death of Michael Eligon, who was shot by Toronto police after leaving the psychiatric ward of Toronto East General Hospital, has roused public outrage — to the point where one physician said she will now think twice about calling officers for someone in an agitated state.

Eligon, 29, was carrying two pairs of scissors at the time of the shooting in February.

"I can't say with some certainty — or any certainty — that Taser was the answer (in the Eligon case), I don't know," Blair said. "But I think it's worthwhile to have the broader public discussion about the use of conductive energy devices" or any technology that "would enable us to resolve these very difficult, very dangerous situations, as safely as possible."

Peter Cuthbert, executive director of the Canadian Association of Chiefs of Police, said he's in favour of such a debate taking place.

"The CACP would welcome the opportunity to participate in that discussion," he said.

Cuthbert declined to comment on the operational policy of a specific police force, and said the organization would have its committee debate the issue before going public with a position on the matter.

In Toronto, only tactical officers and supervisors are equipped with Tasers. Cuthbert said the policy is similar for most police forces across the country.

An investigation into the death of Eligon, who had been roaming the neighbourhood in a hospital gown, socks and a toque, cleared the officer of any wrongdoing, but a coroner's inquest has since been called.

Police reported that of the two million calls officers responded to last year, 17,000 were for emotionally distressed people.

In all, 6,664 people were apprehended under the Mental Health Act.

The topic of Tasers did not come up during Thursday's board meeting. Speakers mainly called on Toronto police to move away from a "control" approach to one that "de-escalates" the situation and demanded better training.

Former Toronto mayor John Sewell, head of the Toronto Police Accountability Coalition, also urged police to expand its mobile crisis intervention teams, which pair nurses with police, so that they operate 24 hours a day, seven days a week, instead of just part-time and in select divisions.

"Toronto police need to pay more than just lip service to de-escalation," said Douglas Pritchard, a witness to the shooting of Eligon, who has joined a group called Never Again. "Why are people still dying in Toronto for lack of appropriate crisis response?"

The board asked Blair to report back on recommendations by a mental-health subcommittee, and to review procedures used to respond to incidents involving the mentally ill.

Let Toronto cops carry tasers, deputy chief urges

January 10, 2012
Carys Mills, Globe and Mail

Front-line officers in Toronto should be allowed to carry tasers but provincial regulations prohibit them from doing so, said Deputy Chief Michael Federico in response to questions about how police respond to mentally ill people in crisis.

On Thursday, the Toronto police held a rare demonstration of how they are trained to deal with such situations. The news conference at the police college came less than a week after a man carrying two pairs of scissors and wearing a hospital gown was fatally shot on a street during an altercation with police. Police say they aren’t permitted to discuss that incident while it is being investigated by the Special Investigations Unit.

Tasers are an option all trained officers should have, Deputy Chief Federico said in an interview, but Ontario regulations set out that only supervisors and specialized units can carry them.

There’s a supervisor on the road during every shift, the Deputy Chief said. “Police officers are not completely without access to a [taser]. But again, situations may unfold too quickly for a supervisor to arrive.”

Tasers, conducted energy weapons, have been under scrutiny since the death of Robert Dziekanski after he was tasered five times at the Vancouver airport in 2007. But in some jurisdictions outside of Ontario, they are a non-lethal option for front-line police when a situation calls for use of force.

“We ought to equip our officers with all of the options that will help make a situation safe,” Deputy Chief Federico said. “That includes knowledge and skills and equipment.”

A spokesman for the ministry in charge of policing said in an e-mail that there are no plans to change regulations “because the current use of force regulations meet Ontario’s public safety needs.”

The RCMP, a federal force, allows front-line officers throughout the country to carry tasers as long as they have taken the appropriate training and meet other requirements. “We don’t discriminate between ranks,” said Corporal David Falls.

Regulations have been beefed up in British Columbia since Mr. Dziekanski’s death. Front-line police can still carry the weapons there as long as officers meet provincial standards.

Pat Capponi, a psychiatric survivor who co-chairs a mental health sub-committee of Toronto’s police board, said she’s unsure about broadening the use of tasers because of fatal incidents such as the one involving Mr. Dziekanski.

She said that whenever a mentally ill person is injured in a confrontation with police, it sends shock waves through the community of those with mental health histories. “That’s the feeling, we have nowhere to go if we’re in trouble,” Ms. Capponi said. She added she’s encouraged by the training she’s seeing of first responders in Toronto.

Following the deaths of two people – one disabled, and the other bipolar – last year, critics said Toronto police were not equipped to differentiate between a criminal threat and one originating from mental illness. The officers involved in both incidents were cleared by the SIU.

Deputy Chief Federico said all Toronto officers are guaranteed mental health training each year when they have two days of use-of-force training. Additional training varies by specific job and the year, he said.

Other police forces in Canada go further, offering officers week-long training specifically focused on dealing with the mentally ill. It’s a program that was developed in Memphis, Tenn., that has had success in several cities in the U.S., and was recently adopted by York Region police.

Deputy Chief Federico said Toronto police aren’t considering adopting the Memphis training model.

“Forty hours is a whole week of a police officer’s time off the front line,” he said. “I have to … make sure my police officers are on the road, delivering the service.”

As part of their response, Toronto police have teams of officers and nurses that respond to people in crisis, but because of potential danger, they only arrive after the first responders. These teams are not available in every division and have limited hours.

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.

Toronto Cop who threatened Tasing gets conditional discharge

June 27, 2011
CTV News

A Toronto police officer who admitted he threatened to Taser a man's genitals was given a conditional discharge on Monday.

Const. Christopher Hominuk was sentenced to nine months of probation, 50 hours of community service and a $500 fine after being caught on video threatening two people in custody in May, 2010.

He is also required to have no contact with the victims.

On Monday, a judge ruled Hominuk's actions were caused by a medical issue.

The constable, a Type 1 diabetic, pleaded guilty to one count of threatening bodily harm but claimed he was suffering from low blood sugar at the time of the incident.

Video released during Hominuk's trial shows the officer using his Taser to try to exact information from two men in custody.

The video was captured on May 24, 2010, while police were investigating a theft call in Etobicoke. It shows Hominuk holding a Taser to a man's neck while the man lies in handcuffs across the back seat of a police cruiser.

In the same video, the officer can be seen threatening a second man's genitals with the Taser, saying he will be shocked if he fails to co-operate.

In February, a spokesperson for Chief Bill Blair described the officer's behaviour as "disgraceful."

The officer did not discharge his Taser on either prisoner.

With files from CTV Toronto's John Musselman

Crown alleges diabetic cop covered up Taser threats

June 16, 2011
Betsy Powell, Toronto Star

A prosecutor has suggested a Toronto police officer tried to conceal the fact he threatened to Taser two burglary suspects and only came clean after his arrest.

Christopher Hominuk, 38, a type 1 diabetic, blames his low blood sugar level for his aberrant, violent behaviour during the May 24, 2010 incident.

He has testified at this week’s sentencing hearing that he pleaded guilty to one count of threaten bodily harm because he immediately wanted to take responsibility.

But Crown attorney Philip Perlmutter noted Wednesday the incidents only came to light weeks later after a superior officer “stumbled” across the incidents while reviewing in-car video recordings for an unrelated purpose.

“You were quite prepared to let this pass if you could,” in order to protect your job, Perlmutter said during cross examination in the Ontario Court of Justice.

The prosecutor also suggested Hominuk wrote “low blood sugar” in his notebook just in case things “blew up,” making no mention of the Taser threats which he knew the in-car cameras had recorded.

The guilty plea came only as a result of knowing about the damaging video footage, Perlmutter stated. “You had no choice.” Hominuk shook his head and said he had been scared.

Perlmutter also played segments of other video footage showing Hominuk outside his cruiser before and after making the threats where he appears “perfectly normal and fine.”

Hominuk responded that may be how he looked but he insisted he was in a confused state.

He did, however, agree that he didn’t take adequate precautions to guard against a hypoglycemic episode.

On that day, Hominuk started his 3 p.m. shift after only eating a bowl of cereal and was, in fact, not wearing a blood sugar monitoring device as was previously suggested because it caused him discomfort and malfunctioned.

“It was pretty irresponsible not to eat,” Perlmutter said.

“To a degree, yes,” replied the tall, grey-haired man who was diagnosed with the disease at 15. He added later that after following a strict regime for two decades, you can “back off a bit. You get complacent after 20 years.”

But he disagreed with Perlmutter’s suggestion that he has, over the years, put himself and the public at risk by failing to notify Toronto Police medical services about incidents where he has lost consciousness due to low blood sugar levels.

The maximum sentence Hominuk could face is 18 months in jail. The Crown is asking for a jail sentence. Defence lawyer Peter Brauti is seeking a non-custodial sentence.

Regardless of the sentence, Hominuk will still face a disciplinary tribunal that will determine whether he keeps his job.

Outside court, Brauti said he was shocked to learn from the Toronto Police Service an officer can remain on the job after a period of incarceration — something he said was unprecedented in Ontario.

A TPS spokesman told the Toronto Star that “each case is dealt with on a case-by-case basis.”

Final arguments are expected Thursday.

Cop’s excuse shocking — DAVE DALE’s Soapboxing

June 14, 2011
By DAVE DALE, The North Bay Nugget

There's a funny quote in one of the Toronto Sun articles Tuesday.

A tearful Toronto cop apologized in court for threatening two suspects with an electronic shock to the testicles if they didn't give up the name of their break-in accomplice.

That's not the humorous part, although it depends if you're a sick puppy who gets off when someone is tortured. George W. Bush might giggle if given the opportunity to Taser a Democrat.

Part of Const. Christopher Hominuk's defence was the fact he was diabetic and may have experienced a hypoglycemic incident.

An expert medical witness said his actions were compatible with such events which can dramatically alter a diabetic's behaviour temporarily from gentle to aggressive.

If you don't eat properly, diabetics develop low blood sugar levels and certainly can alter moods as the body tries to function on a bad mix of fuel coursing through their veins.

He also slapped one suspect across the face.

It's a bit of stretch, however, to excuse specific, repeated violent behaviour just because you may have skipped lunch.

Not a bad attempt to sway a judge's view of a cop taking matters into his own hands, but too silly to be taken seriously.

Still, that's not what made me laugh out loud.

The probationary sergeant, who was demoted after the Taser threats came to light, told the court he wanted to cry when he realized what he had done — all of it caught on video as the handcuffed suspects were detained in the back of two cruisers.

"I knew what I had done was wrong," Hominuk said, leading to the knee-slapper of a quote.

Drum roll please . . .

"You'll always get more information from people by being nice than threatening them."

It's true, actually. People are often more eager to share information if you don't appear as a threat. Defence mechanisms go up and it takes a long time for them to go down when someone holds an energy conducting device to your crotch.

The court heard that neither suspect co-operated despite Hominuk's extreme investigative strategy. It doesn't say, however, if they sang like canaries when the "good" cop arrived on the scene with lollipops.

Seriously, it's a major stain on an otherwise exemplary 14-year career and it's a shame one bad moment will likely ruin his changes of moving up the ranks.

But it's good to see an incident like this being aired in public. Canada needs good cops, we have some of the best in the world. Prosecuting the bad apples is important to build public trust.

Don't get me wrong. Crap like this used to go on all the time. Every town had its bruisers in cruisers. I just didn't realize it was because they were eating too many doughnuts and not enough veggies.

Tearful Toronto cop sorry for Taser threat

June 14, 2011
By SAM PAZZANO, QMI Agency (Toronto Sun)

TORONTO - A city cop who threatened to Taser two burglary suspects in the testicles to force them to surrender a cohort wept on the witness stand Tuesday as he apologized to his victims.

Const. Christopher Hominuk burst into tears at his sentencing hearing before Justice Hugh Fraser on Tuesday, while reading letters of apology.

He said his judgment and behaviour was affected by a hypoglycemic incident, which is characterized by dangerously low blood sugar levels.

An expert medical witness testified Tuesday Hominuk's actions were "compatible with hypoglycemic" events that can dramatically -- but temporarily -- alter a diabetic's behaviour from gentle to aggressive.

Hominuk said he felt "horrible and ashamed" after he vowed to use his Taser against the handcuffed suspects.

Hominuk, who was diagnosed at age 15 as a Type 1 diabetic, said he wanted to cry when he realized what he had done.

"I knew what I had done was wrong. You'll always get more information from people by being nice than threatening them," said Hominuk.

After being charged, he was stripped of his probationary sergeant status despite outstanding performance reviews for 11 months.

His 14-year career was exemplary and Hominuk was universally respected by both peers and commanding officers, court heard.

Hominuk's actions were captured on in-cruiser cameras, which showed him slapping Robert James Bolgan, 47, in the face and forcing him to lay down in the backseat.

Hominuk, 38, pleaded guilty in January to one count of threatening bodily harm in a May 24, 2010, incident involving two suspects, who were both sitting alone in separate cruisers.

As soon as Hominuk opened the cruiser door, he shoved his Taser into Bolgan's genital area.

Hominuk demanded to know the name of a missing suspect. Bolgan answered that he didn't know.

"If you are lying to me, when I get back to the station, I'm Tasering you in the f---ing nuts," Hominuk barked at Bolgan.

Bolgan had redness to the side of his face where he was struck, court heard.

Hominuk confronted his second victim, Roger William Bradshaw, 39, who was lying in a nearby cruiser's backseat.

Hominuk pressed his Taser into Bradshaw's neck and repeated his demand for the identity of the fugitive. When Bradshaw emphasized he didn't know him, Hominuk snapped: "If I find out you're lying, I'm going to f---ing Taser you in the nuts."

Bradshaw was unharmed. The Taser was never activated or used on either man.

Hominuk and other officers were investigating a break-in of some tractor-trailers when police arrested the two men and another suspect.

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.

Former Toronto mayor faced Taser in 2010

March 3, 2011
Henry Stancu, Toronto Star

Former Toronto mayor John Sewell was one of 226 people to face the business end of a police Taser in 2010.

The Toronto Police Services Board listened Thursday as he described his unexpected encounter with a Taser-toting Toronto officer.

“It should happen to every member of this board. It would change your opinions about how this weapon is used,” Sewell told them.

“I believe this is what happens a lot of the time.”

He was responding to a report by Chief Bill Blair that states while 545 Toronto officers packed Tasers in 2010 fewer people got zapped or had the weapons pointed at them than the year before.

The X-26s Taser has been issued to emergency task force members and supervisors in high-risk units such as the holdup, drug and fugitive squads.

“Officers are using good judgment under difficult circumstances and making appropriate decisions to use the minimum force to resolve often tense and dangerous situations,” Blair’s report states.

Sewell’s situation last October was hardly dangerous. The former mayor, who heads the Toronto Police Accountability Coalition, was outside an apartment building with a man police were coming to arrest on a criminal harassment charge stemming from a relationship breakup.

An officer ran at them pointing the device and shouting: “You’re under arrest. You’re under arrest.”

After they both identified themselves, the man, who Sewell was representing as a lawyer, was forced to the ground by three officers and handcuffed.

“The (chief’s) report says the use of the weapon was effective. What it did was terrify us. Does that mean this in fact is happening a lot of the time?” Sewell asked the board.

Despite his experience, Sewell would rather see police use Tasers over lethal firearms, but calls for better training and restrictions on their use.

He did not file an official complaint, but the board members agreed to accept his deputation for their consideration.

In his report, Blair said the weapon was used 236 times in 210 cases, with 95 incidents (45.2 per cent) resolved by officers merely pointing the devices, but not firing.

By comparison, Tasers were used 307 times in 273 incidents in 2009. In 45.4 per cent of those cases, people complied when the devices were just shown.

No deaths resulted from Taser use and only three minor injuries occurred, including cuts to a chin, lip and cheek when jolted subjects fell to the ground, the report states.

In about half the cases, officers used Tasers when they felt a person’s behaviour was threatening and 29 per cent of the incidents involved armed suspects, the report says.

“Upon review, some of these incidents were life-saving events (including suicide attempts), and most certainly officer injury was avoided,” Blair said in his review.

Last May, two handcuffed men were threatened with a Taser by an officer trying to get information from them.

Police cruiser cameras showed Const. Christopher Hominuk, 37, pressing a Taser against a man’s neck and pointing it at another man’s groin.

Hominuk, who pleaded guilty to threatening bodily harm, is to be sentenced June 14.

Toronto Police detail taser use

March 1, 2011
Tom Godfrey, Toronto Sun

Toronto Police used their Tasers 236 times last year, during which the device was fired 130 times by officers against suspects in life-threatening situations, says Chief Bill Blair.

The chief said his officers relied on Tasers as a threat 106 times — 45% of the total number times they were used.

Blair’s report — to be presented to the police services board on Thursday — said 545 Taser X-26s were issued in 2010 to supervisors of the Emergency Task Force and other high-risk units, such as the hold-up and drug squads.

“The device is used strictly to gain control of a subject who is at risk of causing harm,” Blair said in a submission that was released on Monday. “The weapon is used in full deployment or drive stun mode when the subject is assaultive.”

The report notes an incident where a cop threatened to Taser two suspects’ testicles to obtain information. Const. Christopher Hominuk has pleaded guilty to threatening bodily harm and will be sentenced in June.

The report said Tasers were used in 210 incidents involving 226 subjects. It said officers at 31 Division were the highest users of the devices having relied on them 26 times last year. Officers from 41 Division were next with 24 times and 23 Division used them 11 times.

The report said 56 suspects in incidents where police used Tasers were believed to be emotionally disturbed.

“In 51% of the incidents officers perceived the subject behaviour as assaultive,” the report said. “In 30% of the incidents, officers believed the subject behaviour was likely to cause serious bodily harm or death.”

Police said in one case, a suspect who had just robbed a cab produced a knife and held it to his throat in a bid to evade police.

“Because he believed the suspect was about to further harm himself, the sergeant used his (Taser) in full deployment mode,” the report said. “The suspect was arrested and received immediate medical attention.”

Police believe suspects who are Tasered are armed about 58% of the time.

The report said when deployed in the drive stun mode, the taser can leave “minor burn marks” on the skin where it makes contact.

Police Officer pleads guilty -Testicle Taser threat

Toronto police officer pleads guilty to threatening man in custody

February 7, 2011
CTV News

A Toronto police officer has pleaded guilty to one count of threatening bodily harm after being caught on video intimidating two people in custody with a Taser.

Video released Monday during Const. Christopher Hominuk's trial shows the officer using his Taser to try to exact information from the men.

The video was captured on May 24 while police were investigating a theft call in Etobicoke. It shows an officer holding a Taser to a man's neck while the man lies in handcuffs across the back seat of a police cruiser. In the same video, the officer can be seen threatening a second man's genitals with the Taser, saying he will be shocked if he fails to co-operate.

On Monday, a spokesperson for Chief Bill Blair described the officer's behaviour as "disgraceful."

The officer did not discharge his Taser on either prisoner, the court heard.

Hominuk, who is 37 years old and has 13 years of police service behind him, was charged and suspended from duty with pay in June 2010. He was most recently posted with 22 Division in the city's west end.

He is set to be sentenced at the College Park courthouse on June 14, 2011.

With a report from CTV Toronto's John Musselman

Cop threatened to Taser prisoners

February 2, 2011
Sam Pazzano, Toronto Sun

A Toronto Police officer admitted he threatened to Taser two prisoners in the testicles to force the duo to help him catch a suspect.

Const. Christopher Hominuk, 37, pleaded guilty to one count of threatening bodily harm in a May 24, 2010 incident involving two suspects.

Both victims were handcuffed and sitting alone in different police cruisers.

Hominuk’s actions were captured on the in-cruiser video cameras, which revealed him slapping Robert James Bolgan, 47, in the face and forcing him to lay down on the back seat.

The video was played in open court before Justice Hugh Fraser Monday.

As soon as Hominuk opened the cruiser door, he pushed his Taser into Bolgan’s genital area.

Crown attorney Philip Perlmutter said Hominuk demanded to know from Bolgan the identity of a missing suspect. Bolgan replied he didn’t know.

“I’ll f---ing Taser. If you are lying to me, when I get back to the station, I’m Tasering you in the f---ing nuts,” Hominuk barked at Bolgan.

Bolgan had redness to the side of his forehead where he was struck.

Hominuk then confronted his second victim, Roger William Bradshaw, 39, who was lying in a nearby cruiser’s back seat.

Hominuk pressed his Taser into Bradshaw’s neck and repeated his demand for the identity of the fugitive. When Bradshaw insisted he didn’t know him, Hominuk snarled: “If I find out you’re lying, I’m going to f---ing Taser you in the nuts.”

Bradshaw was unharmed. The Taser was never activated or used on either man.

A sentencing hearing for Hominuk, 37, is scheduled for June 14 at College Park.

Hominuk and other officers were investigating a break-in at some tractor trailers in Etobicoke when police arrested the two men and another individual at 36 Taymall Rd.

Court heard that neither victim was intimidated or physically injured. Neither complained about the threats or treatment. Hominuk’s Taser was never activated or used in the incident.

Hominuk’s misconduct was discovered while police viewed the in-camera video for an unrelated purpose.

Hominuk, a 14-year officer with an exemplary record and was a probationary sergeant at the time. He’s married and has two children, said his lawyer Peter Brauti.

Brauti told court “there will be medical evidence that will be an extenuating circumstance” at the sentencing hearing.

Hominuk lost his probationary rank and could lose his job if he’s sentenced to a custodial or conditional sentence, said Brauti.

Hominuk was suspended with pay since being charged in June last year.

Should Toronto police use body cameras?

September 6, 2010
Katherine Leyton, Open File Community Powered News

Although there are no immediate plans for Toronto police to begin using body cameras, the force appears to be moving in that direction.

“You have to look ahead and look at trends,” says Mark Pugash, director of the Toronto Police Service public information unit. “Law enforcement in both North America and Europe is going in that direction so it would be a mistake to rule [the use of body cameras] out.”

It's a sensitive issue in the wake of Toronto's G20 summit, which sparked debate about police powers earlier this summer.

The technology — small digital video cameras that can be clipped to an officer’s uniform or ear — is already being used by some American and British police forces and has recently been tested by police in Victoria, B.C. Edmonton police are expected to conduct a year-long trial of body-mounted cameras in 2012.

Pugash cites accountability as well as public and officer safety as the main reasons behind the force’s interest in the technology.

“One of the things that research has shown is that with in-car cameras the majority of complaints that are made against police are found with the camera evidence to be unfounded," Pugash says. "And so one of the things the camera does is to protect officers against unreasonable allegations. If the police officer misbehaves, then the evidence is there and that officer is held accountable. It protects officers. It protects the public. It also provides the best possible evidence for court proceedings.”

Civil rights advocates are skeptical the technology would make officers more accountable.

“One concern is whether it’s an officer’s discretion to decide when those cameras are on and when they’re off,” says Cara Zwibel, director of the anti-discrimination program at the Canadian Civil Liberties Association. “Imagine a number of situations where an officer may just record a reaction to something as opposed to what prompted that reaction.”

The cameras also raise concerns about privacy. “One of the things we don’t know is how long the police plan on keeping what’s recorded, what type of uses they might put their recordings to and whether those recordings will be disclosed to the individuals who get recorded, because presumably if you were charged with a criminal offence [the video] would be relevant evidence,” Zwibel says.

Cases such as the 2007 death of Robert Dziekanski at Vancouver International Airport, where RCMP tried to seize a citizen's video that showed the man being hit with five Taser blasts, provide a legitimate basis for concern over who would control such recordings.

Should they decide to adopt body cameras, Pugash says, the Toronto police would work closely with Ontario's information and privacy commissioner, as well as consult with the public, to address any issues of concern.

“What we’ve seen so far is that the public, pretty much throughout the city, would like security cameras faster than we’re able to put them in," he says. "We’ve seen excellent examples of where [these technologies] work but you have to have very strict rules and regulations about how you use them.”

Zwibel is not as confident about the effectiveness of cameras; she points out that although more than 70 closed-circuit television cameras were in operation in downtown Toronto during the G20, the police have appealed to the public to send them cellphone videos of any criminal activity they may have seen.

“I think there’s a point at which we have to question whether just because we can do something, we should,” she says. “Just because we have the technology to record, to have these closed-circuit television cameras downtown, to have body cameras and microphones, is that something we should do and does every interaction with the police need to be recorded with a video camera? Does this really do anything to help improve our public safety?

"I guess the question I’d want to pose to the police is whether they would have any problem with a member of the public whipping out their cellphone camera when they’re being questioned by the police and recording the interaction. My suspicion is that in many cases they would be quite concerned about that and they would say, ‘Turn your camera off.’ ”

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.

Tasering of baseball fan sparks fresh debate over use of force

May 5, 2010
Sarah Boesveld, Globe and Mail

It was the top of the eighth inning when 17-year-old fan Steve Consalvi hopped the fence at Citizens Bank Park in Philadelphia and dashed around the outfield – a silly stunt, just for fun.

Fans watched the 30-second chase during the pause in the game against St. Louis on Monday night. They cheered Mr. Consalvi on as he scurried away from security officials and twirled a white Phillies fan towel.

As quickly as it began, they saw the youth crumple in a heap in the outfield – tasered by security officials, unable to wave his white towel in surrender. They booed loudly.

Footage of the chase, quickly posted on the Internet, went viral, igniting a fierce debate online about whether it was necessary to deploy a taser – and whether unnecessary zapping in public spaces such as stadiums and malls is happening more often.

Officials stood behind the Philadelphia city police officer who deployed the taser at the game, and said he followed protocol that allows officers to taser a fleeing suspect. But critics were quick to point out it wasn’t the first time an officer has tasered a fan at Citizens Bank Park. Local reports say fans have been tasered there many times before.

In Canada, the debate has moved far more in favour of restricting the use of the weapons even as more of them are in the hands of police officers nationwide as a safer alternative to guns and other weapons.

On Tuesday, the RCMP announced tighter guidelines for Mounties deploying tasers. They can now fire a stun gun only if it’s clear the person is injuring someone else or threatening to do so.

The changes stem from the Braidwood public inquiry into the death of Polish airline passenger Robert Dziekanski after officers tasered him at the Vancouver Airport.

Ontario introduced new guidelines and training standards in March after launching a study of its policies in 2008. Back then, the province relied on training from the companies selling the weapons.

Toronto Police Chief Bill Blair is trying to get more tasers into the hands of front-line workers and properly train them to deploy them because a supervisor is not always there to give direction in the heat of the moment, says Toronto Police spokesperson Mark Pugash.

At least 246 Torontonians were tasered last year, a number that’s dropped since 2008, he said. Special constables on the Toronto Transit Commission do not use tasers, only batons, handcuffs and a foam version of pepper spray.

While officials patrolling the SkyTrain in Vancouver use tasers, security in most public spaces such as university campuses and stadiums is delivered by private firms whose guards can’t use them. They’re prohibited weapons under the Private Security and Investigative Services Act in Ontario, and only police officers are authorized under the Criminal Code to carry them.

Employees at the Rogers’ Centre in Toronto are armed with batons and handcuffs, a worker there said last night. And Blue Jays president Paul Beeston, reacting to the Phillies fan tasering, said a case like that wouldn’t happen at his stadium.

“I can't believe that there would be anybody who would use a taser gun on somebody who ran on the field,” he said. “I can't believe that would happen here.”

That’s likely because about 95 per cent of security at stadiums is delivered by private firms, said David Hyde, owner and principal consultant at David Hyde & Associates, a security consulting practice.

Still, there’s no guarantee an incident similar to what happened in Philadelphia couldn’t happen here, he said.

If it’s a big game, stadiums often hire police officers for extra cover and those officers could be armed with tasers, as well as guns.

But because of a largely public outcry against the use of tasers, the chances of deployment are slim.

“A stadium is trying to attract customers,” he said. “The last thing they want to do, particularly in Canada, is to deploy weapons that could not only cause legal but reputational harm to that image.”

Police in the United States are more willing to use tasers at major events and at stadiums because the perceived level of threat is higher, he said, in terms of terrorism and violent crime.

Hilary Homes, a security and human rights campaigner for Amnesty International Canada, said the Braidwood inquiry has shaped public opinion and shone a brighter light on the unnecessary use of tasers. However, broader oversight and guidelines on how and when they should be used just doesn’t exist, she said. “There aren’t national standards on either side of the border,” she said. “There are such separate jurisdictions.”

Unnecessary deployment is happening more frequently because “new items are available and people want to use them.”

More Tasers, less bullets means higher cost and legal change

April 22, 2010
Henry Stancu, Toronto Star

Chief Bill Blair would like to see all front line Toronto police officers equipped with conductive energy weapons (CEW) to avoid resorting to deadly firearms in violent situations when ever possible.

The chief’s annual report for 2009 CEW use — which he described as “the most comprehensive report of public accountability on the use of energy conducted weapons in any police service to our knowledge — shows Tasers were drawn 307 times in 273 incidents.

Taser use by Toronto police resulted in only two minor injuries, a scraped knee and a bump on the head, but no serious harm or death. There were 18 cases of unintentional discharge and the devices were used on animals in nine calls.

“By providing our people with the best equipment possible, the best training possible, I think we can actually save lives and save money by using our equipment and training appropriately,” Blair said during the Toronto police services board meeting Thursday.

His wish won’t be granted any time soon given the cost of Tasers in climate of civic fiscal restraint.

“It is a significant expense and given the financial situation with the city, the service and the province I think it unlikely there will be a very substantial investment in these in the near future,” said Blair.

It would also require current provincial guidelines for the use of Tasers to be amended.

In some cases merely unholstering, pointing, activating the laser sight or engaging the Taser’s warning electrical spark was found to be enough of a deterrent to cool a volatile situation.

This demonstrated force presence was effective in 45.4 per cent of the cases Toronto in which police used Tasers last year.

Taser use involving full deployment, in which the weapon was fired at a distance and the electrically-charged probes struck the subject, occurred in 41 per cent of the cases, while drive stun mode, where the device is pressed against a body and the current applied, was used in 13.6 per cent of the incidents.

About 40 per cent of those brought under control with Tasers were believed to be emotionally disturbed and/or under the influence of drugs or alcohol.

In many cases police used the weapons on people threatening to harm themselves or others.

“We’ve had quite a number of cases where people have been stabbing themselves. The police officer is certainly not going to discharge a firearm at such an individual. It’s an incredibly dangerous thing for an officer to wrestle the knife away,” said Blair.

While some prisoner and mental health advocacy groups criticize the use of Tasers as cruel, many more are supportive of the less lethal weapon in cases where an emotionally disturbed person is a danger to themselves and others.

“When we’ve had consultation on this, not only did mental health groups say ‘please look at Tasers as an option to guns’, but also numerous inquest juries have said that when dealing with people who are emotionally disturbed the Taser is the way to go,” said Mark Pugash,” director of the Toronto police public information unit.

“It’s impossible for the police officer to diagnose that mental illness. We can only respond to the action that we encounter . . . the police have to stop the situation and render it safe . . . disarm them and get them to treatment and hopefully save their lives,” the chief added.

In 2009 Tasers were also used in situations where suspects resisted arrest or were combative in investigations into gun calls, assaults, robbery, break-ins, domestic disturbances, search warrant details and various threatening situations.

Last year a total of 593 Taser X-26 models were issued to emergency task force officers, front line supervisors and team leaders in units such as holdup, intelligence, drugs, organized crime and fugitive squads.

Tasers record the time, date and number of discharges. They can even be equipped with cameras.

The X-26 model with laser sighting is listed at a base price of about $1,000 (U.S.). Then there are the added costs associated with accessories such as holsters, camera, the weapon’s service and maintenance requirements and training for officers in the use of the devices.

Blair acknowledges that outfitting all “first responders”, or front line Toronto officers with Tasers will require both a significant financial commitment and changes in legislation.

A two-year provincial review issued last month called Tasers “an effective, less lethal weapon” for law enforcement and set a guideline for their use in Ontario.

The review followed the death of Polish immigrant Robert Dziekanski in 2007 after he was hit by Tasers during a confrontation with RCMP at Vancouver International Airport.

Rick Bartolucci, minister of community safety and correctional services, said he had no plans to expand the use of the devices as they are only authorized for use in tactical or hostage rescue situations, for perimeter control and by front line supervisors.

Tasers often used on mentally ill, police disclose

April 20, 2010
Kelly Grant ,Globe and Mail

Toronto police zapped or threatened with stun guns at least 50 people with mental-health problems last year, according to a new report that provides the most detailed information yet on how local officers use the controversial weapon.

The 50 suspects escorted to a psychiatric facilities after tasering incidents in 2009 are part of a broader category of 80 “emotional disturbed” subjects who make up about one-third of those tasered by Toronto Police.

They narrowly edged out drunks and drug users as the most frequent targets of conducted energy weapons, but most of the at least 246 citizens who wound up on the wrong end of a taser last year had some combination of substance abuse, mental illness or emotional trouble.

Hilary Homes, a security campaigner for Amnesty International Canada, called the report a rare instance of hard numbers on tasers and the mentally ill that confirms the group’s suspicions.

“Even though we’re at a point where there definitely has been advances in the testing and understanding of the device, there’s still a recognition they’re more likely to be used on vulnerable groups,” she said.

The new mental-health statistics are part of a police annual report on stun guns, which concluded officers deployed the weapons less often last year than the year before.

In 2009, tasers were used 307 times in 273 incidents, down from 367 times in 329 incidents in 2008. Of the 273 incidents last year, 18 involved officers accidentally firing the machine’s electronic probes during tests and nine involved animals, mostly dogs. That brings the number of people either threatened, stunned or shot with a taser down to at least 246. More than one person was involved in some of the incidents.

In 45 per cent of the 2009 cases, officers simply threatened people with a lit-up taser; in the rest they either jolted subjects directly or shot the device’s electronic probe from a short distance away. Of the 50 Mental Health Act taser incidents, only 26 involved police actually using the taser.

“The fact that [some suspects] may be taken to a hospital under the Mental Health Act simply means that after the situation was made safe, the officer believed the best place for this individual was in a psychiatric facility,” said Staff Superintendent Mike Federico, manger of Toronto Police’s conducted energy weapon program. “It’s not the condition that prompts the officer’s response, it’s the behaviour. That’s what they’re trained to do.”

Staff Supt. Federico said he couldn’t explain the overall decline. The force hasn’t formally studied why officers are using less frequently a weapon that has been the subject of intense public scrutiny since the death of Robert Dziekanski, a Polish immigrant who died after being shocked repeatedly at the Vancouver airport in 2007.

“It’s no doubt officers’ good judgment being exercised, but it could just as easily be the result of fewer incidents where police are called,” he said. “It’s certainly not due to any change in policy, practice or training.”

There has been a change, however, in the level of detail Toronto police provide in their yearly taser disclosure. Last year the Toronto Police Services Board, which will review this latest report at its meeting Thursday, ordered senior brass to add the mental-health data as well as data about how many taser subjects are “believed to be armed” or actually armed. The report determined police believed the suspect had a weapon in 64 per cent of the cases, but Staff Supt. Federico said the force didn’t have up-to-date numbers on how often weapons were confirmed.

The report also reveals that Toronto police used stun guns most often in 14 Division on the west side of downtown and that the device was used on two 15-year-olds, three men older than 60, 15 women, one deer and one especially feisty raccoon.

Ontario police services see no change in use of Tasers

December 14, 2009
Will Senn, Toronto Observer

In response to the recent findings of the Commission for Public Complaints Against the RCMP, spokesmen for both the OPP and Toronto Police Services, do not see use of Tasers changing in their forces.

In a report released Dec. 8, Commissioner for Public Complaints against the RCMP, Paul Kennedy, found the four Mounties who fired a Conducted Energy Weapon (Taser) at Polish immigrant Robert Dziekanski acted inappropriately. The RCMP have since announced they’re reviewing the use and effectiveness of Tasers on the force.

Other police forces in Ontario, however, see no reason to alter their practices when it comes to the deployment and use of CEWs.

Sgt. Pierre Chamberland, media relations co-ordinator for the OPP, said most OPP officers aren’t even issued with Tasers; only those who are are highly trained in the use of the weapon are allowed to carry them.

“Basically, in order to be eligible to even carry a Taser as a police officer in Ontario, you have to meet certain criteria: You have to be either a member of a tactics and rescue unit, or a front-line supervisor. The first-line officers are not authorized to carry them,” he said.

Mark Pugash is a spokesperson for Toronto Police Services. He said the independent inquiry conducted by B.C. Appeal Court Justice Thomas Braidwood which issued 19 recommendations on CEWs in July, holds up the Toronto Police Service as an example to other services about the proper deployment and use CEWs.

Pugash says TPS will review the RCMP commission’s findings, but that currently, the service sees no reason to remove CEWs from deployment.

“We look at every decision carefully, but our record shows we use them (Tasers) properly. They’ve saved many lives, both officers and civilians,” Pugash said.

Chamberland says the OPP commissioner would actually like to see front-line officers equipped with Tasers, but because of current regulations, that may not be possible.

“The government actually controls the use of Tasers in Ontario through legislation under the Police Services Act,” he said. “You have to be trained and meet certain standards, and you have to maintain those standards by re-qualifying on a yearly basis.”

According to Chamberland, the OPP is interested in the report issued by Commissioner Kennedy, but he doesn’t see the removal of CEWs on the horizon.

“We’re going to review (the report) because we’re always interested in being able to do our job more effectively,” he said. “But ultimately, it isn’t going to change how we operate on a daily basis.”