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Tuesday, February 19, 2008

BC cop who shot man reached for Taser, pulled gun instead

February 19, 2008
Rob Shaw, Times Colonist

A Victoria police officer who shot and injured a man in 2005 was reaching for his stun gun but grabbed his handgun by accident, the police force confirmed yesterday.

It has long been speculated that Const. Mike Miller confused his Taser and pistol while struggling with a violent man outside the McDonald's restaurant in Esquimalt on Sept. 10, 2005. But the department has never publicly acknowledged the mistake, refusing to discuss it last month when Miller resigned -- on the day of his disciplinary hearing -- because it was a "personnel matter."

Amid mounting pressure for answers, Victoria's police chief released details yesterday. Miller had been trying to subdue Daniel Hammond, 25, who was reportedly banging on windows at the restaurant and causing a disturbance in the parking lot.

An internal investigation concluded Miller drew his Taser from the holster on his left hip. He put it in the right pocket of his cargo pants so he could handcuff Hammond. But Hammond resisted and ended up wrestling on the ground with Miller and Const. Clarke Dumont, police say. A struggling Miller pulled his firearm from his right holster -- thinking it was the Taser in his right pocket -- and fired into Hammond's stomach, police say. Hammond survived and is suing the police department.

Victoria police are aware of "several cases" in North America where officers have confused their firearms and Tasers, interim chief Bill Naughton said yesterday.

Although worn on opposite sides of the body, the version of the Taser Miller used was designed to mimic the feel and weight of a Glock pistol, so an officer who trained with a gun would be comfortable with a Taser as well. "It has happened before, but it is a very rare event," said Joel Johnson, B.C.'s use of force co-ordinator at the Justice Institute police academy. "I can't think of more than four cases North American-wide since the implementation of the device."

Victoria police have since purchased different Tasers that less closely resemble a handgun, said Naughton. The Glocks do not have trigger safeties but the Tasers do.

Miller went on almost two and a half years of paid sick leave, collecting as much as $172,000 in salary, before resigning on the day of his disciplinary hearing Jan. 18. He also received a $50,000 settlement to pay out vacation time and benefits.

Miller's resignation was negotiated with the department because it cost significantly less than going through the disciplinary process, said Naughton. "I believe that decision was in the best interest of Const. Miller, this department and the public," said Naughton.

Naughton admitted the police department was only going public with details of the case now -- two and a half years after it happened -- because B.C.'s police watchdog complained the public had not been given enough information about the shooting. The Office of the Police Complaint Commissioner said it was reviewing the new information and consulting its lawyers to see whether it was still appropriate to consider a public hearing into the case.

Monday, February 18, 2008

Two commissions investigate taser-related death

February 18, 2008
Canwest News Services/The Province

VANCOUVER - The B.C. government could change its policy on the use of Tasers as early as this summer. On Monday, Attorney General Wally Oppal announced he has ordered an immediate inquiry into the use of Tasers by police in the province. He said he has also now set the terms of reference for the inquiry into the death of Robert Dziekanski, who was Tasered by police at the Vancouver International Airport in October 2007.

"Given the overlapping reviews and investigations now being conducted, combined with the jurisdictional complexity of this tragic incident, we felt it prudent to adopt a two-phased approach," Oppal said in a statement.

"The federal government has indicated that it will co-operate."

Oppal said both inquiries will be conducted by Vancouver lawyer Thomas Braidwood. Oppal added he has asked the study on the use of Tasers to be started immediately, and completed by June 30. The commissioner will then be asked to determine when the second inquiry - the one specifically looking into Dziekanski's death - can begin.

A coroner's inquest into the matter has been scheduled for May 5 to 16.

Oppal would consider Taser ban if probes recommend it

February 18, 2008
John Bermingham, Vancouver Province

VICTORIA -- B.C. Attorney General Wally Oppal said he's prepared to limit or even ban the use of Tasers if a new commission into their use recommends it. Oppal appointed a pair of probes Monday to look into the proper use of the controversial weapons, headed by retired judge Thomas Braidwood. One will look into Taser use by B.C. law enforcement, the other into the death of Robert Dziekanski, who died at Vancouver International Airport last October after being Tasered by the RCMP.

"Under what circumstances should police forces be using Tasers, given the vast amount of conflicting information there is?" Oppal said at the B.C. Legislature. Oppal said the inquiries could lead to changes in the policy of Taser use. "A lot of police forces across North America are having second thoughts about the use of Tasers, given some of the medical opinions out there," he said. "We want a full and comprehensive opinion as to what our police should be doing in this province."

Oppal said he expects the RCMP to co-operate with the inquiry, even though it's a federal agency. "We're looking for them to co-operate," he said. Oppal said the evidence has been building around Taser use in B.C. for some years, and the commission will pull it together. Oppal ruled out a moratorium because there's evidence for its continued use. "The police keep telling us it saves lives," said Oppal. "We want the police to have all the tools at their disposal that they think are useful."

Oppal said it's premature to consider a ban, but if Braidwood recommended it, Oppal said he would give it thought. "That's something obviously we would have to think about, but it would be premature at this stage to have a ban," he said. "We would be prepared to look at anything and everything."

Braidwood will report back by the end of June. The federal government is doing its own inquiry into Taser use in Canada. A coroner's inquest into Dziekanski's death is also set for May 5 to 16.

Taser use to come under scrutiny at inquiry into death at Vancouver airport

February 18, 2008
Canadian Press

VICTORIA - The use of Tasers by British Columbia law enforcement officers will come under scrutiny at a public inquiry into the death of a Polish immigrant hit with a Taser blast at the Vancouver airport last fall.

But the phase of the inquiry that will look into overall Taser use will not be able to compel witnesses to testify, nor can it make findings of misconduct against individuals, the province's attorney general announced Monday.

The commissioner will be able to make recommendations to the government on the use of Tasers in the province.

"There are two parts of the question that need to be answered," said Attorney General Wally Oppal. "The first is the appropriate use of Tasers: Under what circumstances should police forces be using Tasers, given the vast amount of conflicting evidence there is all across North America?"

Oppal said the province also wants the hed of the commission, former B.C. Appeal Court Justice Tom Braidwood, to review what should be the appropriate use for Tasers for police forces in the province.

He said the inquiry could lead to changes in the use of Tasers in B.C.

"A lot of police forces across North America are having second thoughts about the use of Tasers, given some of the medical opinions that are out there now."

Solicitor General John Les announced the commission of inquiry into the death of Robert Dziekanski last November.

The second phase of the commission, reviewing the specific circumstances of Dziekanski's Oct. 14 death, will be able to call witnesses and will have the authority to make findings of misconduct.

Oppal said the two phases of inquiry will provide Dziekanski's family and the public with a complete record of the circumstances surrounding his death.

Although the RCMP is a federal police force, Oppal said the federal government has indicated it will co-operate and he expects the RCMP to comply with any changes that come out of the commission.

"They (RCMP) are not technically obliged but, you know, they're the provincial police force. I would expect that whatever happens, the RCMP, given our past history of co-operation, will co-operate with us," he said.

Oppal acknowledged there are growing concerns about the use of Tasers but he is not considering a moratorium on their use.

"There's just as much evidence on the other side as to its continued use," he said. "The police keep telling us that, in fact, it saves lives."

Oppal said it would be premature to institute a ban, given the mandate of the first phase of the inquiry.

Dziekanski, 40, became agitated after spending hours lost in the secure arrivals area of the airport after a long flight from Frankfurt, Germany.

Four RCMP offices responded to calls after Dziekanski flung a chair at a glass partition and tossed a computer to the floor. Dziekanski, who spoke only Polish, then barricaded the exit into the reception area where his mother had waited for him for several hours.

Video footage taken by a bystander shows Dziekanski being hit at least twice with a Taser jolt. He died within minutes.

Taser International, which manufactures the Taser, maintains the death cannot be blamed on the device, which immobilizes people with an electrical shock.

The criminal investigation into the incident is continuing and a separate coroner's inquest has been scheduled for May.

Braidwood's Taser review inquiry is to be finished by June 30. The commissioner will then decide when the inquiry into Dziekanski's death will begin.

Saturday, February 16, 2008

Taser used properly: police official

February 16, 2008
JAN RAVENSBERGEN, The Montreal Gazette

Montreal police acted in an "appropriate" way in each of 53 incidents involving Taser weapons during the past two years, a top city cop told reporters yesterday.

In 19 of 53 cases on which details were obtained by Radio-Canada through an access-to-information request, the stun guns were simply pulled out and displayed to an unruly suspect - and never discharged, said Jean-Guy Gagnon, assistant director of Montreal police responsible for operations.

He flatly rejected Radio-Canada's conclusion that Montreal officers misused Tasers in 11 of the 53 incidents. A substantial amount of information providing the full context for each police action had been blacked out in the incident reports disclosed to the news service, Gagnon said. He cited privacy laws.

Meanwhile, an investigation has begun of an officer who had been one of the department's Taser trainers until late 2006, Gagnon said. A conflict-of-interest allegation that the officer subsequently trained non-Montreal police in stun-gun use has not been proved.

Friday, February 15, 2008

Alcohol, drugs main causes of in-custody deaths: RCMP

February 16, 2008
CBC News

An internal RCMP report obtained by CBC News shows 80 people died while in police custody between 2002 to 2006, the majority due to alcohol intoxication or drug overdoses. The 100-page report, written in December 2007, is the RCMP's most comprehensive analysis of in-custody deaths and presents statistics ranging from the reason police got involved in the first place to where the death occurred.

"The majority of subjects died at the scene of a complaint, which was most commonly a disturbance or drunk in public place call, or in a hospital within 30 minutes of initial contact with the police," the report says. "The leading cause of death was alcohol or drug overdose."

Of the 80 people who died in police custody, most were men over the age of 30 who had been using drugs or alcohol and had a criminal record.

The report's author, a staff sergeant with national criminal operations, called the report "good news for the RCMP," because in 2006 none of the 15 deaths could have been prevented, as those people had put themselves in situations where "their decisions resulted in their deaths."

However, the report's assessment brings little comfort to Linda Bush of Houston, B.C. On Oct. 29, 2005, rookie Const. Paul Koester shot her son, Ian, in the back of the head while he was in police custody at the RCMP detachment in Houston. Bush, a 22-year-old sawmill worker, was arrested for having an open beer outside a hockey game and for giving a false name to police. He was taken to the local police detachment where he died 20 minutes later.

"I think the RCMP are making some wrong choices in excusing themselves here and not making more of an effort to change what's happening," Linda Bush told CBC News.

Vancouver lawyer Cameron Ward, who has represented a number of families whose relatives died in police custody, said the RCMP report is flawed because it only focuses on the victims and does not take into account the age of the officers involved or their experience with the force.

"I see this report perhaps as an attempt by the RCMP to fend off the critics and those who say that a higher level of civilian oversight and civilian investigation in these cases is necessary," Ward said.

Tom Engel, an Alberta lawyer who represents families of people who have died in police custody, also has doubts about the validity of the report. "[It's] just so superficial. It's useless," Engel said. "Something like this to me can only be useful to the RCMP in terms of public relations."

Ward said while British Columbia is home to a third of the RCMP members in Canada, it's the source of more than half of all in-custody deaths. "We've got a death rate here in B.C that's about twice as high as it ought to be statistically," he said.

The RCMP declined an interview request by CBC News, but in a written reply noted that B.C.'s in-custody death rate is due to the fact that police work is more urban in the western province compared to other provinces. "The type of police work in B.C. is heavily urban-focused, compared to the predominantly rural policing that goes on in the other provinces in RCMP jurisdiction," Sgt. Sylvie Tremblay, an RCMP spokeswoman from Ottawa, said in her written reply. "Crime is logically more pronounced in urban centres than in rural areas. The majority of the deaths were related to high-risk lifestyles involving alcohol and drugs," she said.

The report said the RCMP will continue to examine the circumstances of each in-custody death. "The aim is to learn whether the acts or omissions, if any, of its members or the equipment/facilities and procedures played any role in the incident," says the report. "The RCMP finds itself in a difficult position of dealing with intoxicated or stoned individuals," the report concludes.

"Hospitals are generally reluctant to admit persons until and unless there are definite symptoms of toxicity that would necessitate medical intervention."

Thursday, February 14, 2008

Montreal cop accused of promoting tasers

February 14, 2008
THE CANADIAN PRESS, Toronto Star

Montreal police have opened an internal investigation into allegations that one of its Taser instructors has also worked for the company that manufactures the weapon. Radio-Canada reports that Lt. Michel Masse, who played a key role training Montreal officers how to use Tasers, has been paid to promote their use. Masse is a paid "master instructor" for Taser, the CBC's French-language service said Thursday. He was also paid by Taser France to promote the stun gun in Europe, the broadcaster said.

Montreal police originally told Radio-Canada that Masse had ceased working with Taser International more than one year ago. But according to Radio-Canada, Masse travelled to Cyprus last June to once again promote the Taser. "That's not acceptable," said Rene Allard of the Montreal force. "I'll refer this . . . to internal affairs so we can begin an investigation of these claims."

Montreal police are already facing heat for reportedly overusing the Taser in several instances over the past two years. Tasers were used 11 times since 2006 in situations that did not meet the force's guidelines, Radio-Canada reported. The weapons were used a total of 53 times by Montreal police in 2006 and 2007.

Using documents obtained through access to information requests, Radio-Canada concluded that Montreal police repeatedly used Tasers on people who were passively resistant. The force's guidelines state Tasers should only be used when dealing with aggressive individuals or those actively trying to resist arrest.

Since 2003, at least 17 Canadians have died following stun gun incidents.

See also Darren Laur

Montreal police break rules on using stun guns

February 14, 2008
CBC News

Radio-Canada probe finds 11 improper Taser incidents

Montreal police used Taser weapons inappropriately more than 10 times in the last two years, violating their code of conduct, according to a Radio-Canada investigation.

Documents obtained through access to information requests show that of the 53 occasions in which Montreal police fired stun guns in 2006 and 2007, 11 did not meet the force's criteria for using Tasers. Incident reports show that police used stun guns on people who refused to comply or who put up passive physical resistance.

Montreal public security guidelines say police should use stun guns only on aggressive people, or suspects who actively resist arrest.

The force is aware of the problem, said Insp. René Allard. "There are maybe cases in which people didn't use [them] adequately. This is not acceptable for us, and people have recourse, and I encourage them to follow up on those options," which include complaining to the police ethics board, he said in an interview with Radio-Canada.

Officers are briefed on the force's Taser guidelines in a two-day course, but may not be fully prepared to use them, Allard said. "Is it a training issue? Is it that the officer was surprised by the type of event [he or she] is facing, and perhaps he showed a lack of judgment or simply poor training, and that he used it inadequately?" he said. "That is also in the domain of possibilities."

The Montreal police force owns 16 Taser weapons, which are available to patrolling officers on call as reinforcement for neighbourhood police stations.

The incident reports obtained by Radio-Canada are partially censored, with several sections blacked out. It's not clear how many times each suspect was struck with the stun gun, or which parts of their body were hit and whether they were injured or hospitalized.

The documents say an average of six officers were present at all the Taser incidents. In one case involving an attempted suicide, sixteen officers were called to the scene.

The Radio-Canada report underscores the need for a Quebec moratorium on stun guns, said a provincial coalition lobbying for a Taser ban. "The public has the right to know all the information on Tasers and how they're used," said Dominique Peschard, president of the Quebec League of Rights and Liberties.

Call for Taser moratorium intensifies

Canadian critics have argued there is not enough research on stun gun safety following several Taser-related deaths. In October 2007, Robert Dziekanski of Pieszyce, Poland, died at Vancouver International Airport after being shocked with a Taser by police. In Montreal 38-year-old Quilem Régistre was shocked with a stun gun after police stopped him in his car, which he was driving while impaired. Régistre was hospitalized in critical condition and died a few days later.

Montreal police used tasers inappropriately in one in five cases

February 14, 2008
Irwin Block, Montreal Gazette

MONTREAL - Reports that Montreal police used Taser guns inappropriately in 11 of 53 incidents over two years add urgency to calls for a moratorium on their use, critics of the weapons say. Internal police studies obtained by Radio Canada found that officers did not follow operational instructions in one in five cases where the Taser was used in the past two years.

"These reports increase our concern about how this weapon is used," said Anne Sainte-Maire, spokeperson for Amnesty International's francophone branch. The group is part of a coalition, including the Ligue des droits et libertés and Montreal city councillors Warren Allmand and Marvin Rotrand, that has called for a Taser ban pending an independent study of its effects.

Montreal police can only use the Taser if the person to be apprehended represents a high risk of violence or there is a high risk he'll be injured or cause injury to police or bystanders. But police reports indicated the weapon was used in cases where a subject refused to obey instructions or offered passive resistance.

Police officials declined an interview request yesterday, but stood by a comment Inspector René Allard gave to Radio Canada where he said the department will not tolerate inappropriate Taser use. "There may have been cases where people did no use it (the Taser ) adequately. For us, this is not acceptable," Allard said. "Is there a need for training? Is it because the (Taser) user was surprised by the type of situation he faced and perhaps exercised a lack of judgment?" he asked.

The Quebec coroner's office is investigating the cause and circumstances of two deaths that followed police firing Tasers at them. Montreal police used a Taser to subdue 38-year-old Quilem Register on Oct. 18. He died four days later of multiple heart attacks. Claudio Castagnetta, 32, an Italian immigrant who was walking around Quebec City barefoot and refused to leave a shop, died in a police cell in September two days after police used a Taser three or four times to subdue him.

RCMP officer cleared in taser incident

February 14, 2008
Susan Lazaruk, Canwest News Service

VANCOUVER - An RCMP corporal who Tasered a suspect six times at close range was cleared of excessive force charges Tuesday, but not before a provincial court judge repeatedly said she rejected the officer's versions of events and questioned his credibility.

Judge Frances Howard acquitted Cpl. Russ Hannibal of assault with a weapon because she "was left with a reasonable doubt" the force he used in an arrest was excessive. During a two-hour verdict, read Tuesday, Howard said, "I completely rejected a lot of his (Hannibal's) testimony," calling parts of it "obviously self-serving" and another "self-serving after-the-fact rationalizations."

But she also ruled the testimony of his former partner, Const. Tracey Sokolowski, which often conflicted with Hannibal's versions of events, in particular regarding the use of the electronic device on the suspect, was "not sufficiently reliable for a conviction."

Hannibal left the courtroom without comment. His lawyer, David Butcher, said "He's relieved. He's pleased it's all over."

Hannibal was charged after Sokolowski complained to superiors after Hannibal Tasered and pepper sprayed Robert Madeiros outside the Foggy Dew pub in Port Coquitlam, B.C., on Aug. 25, 2001. Hannibal had arrested Madeiros for alleged sexual assault after he patted Sokolowski's buttocks inside the pub while she was counting the number of people inside. Madeiros, who was intoxicated, immediately said he didn't realize she was an officer and quickly apologized. Sokolowski accepted the apology. When Sokolowski, a rookie with eight months on the job at the time, told Hannibal, who had several years with the RCMP, he immediately sought Madeiros out and escorted him outside. According to Hannibal, Madeiros resisted arrest, which led him to Taser the man six times.

Taser profits surge as product demand increases

February 14, 2008
by Mike Sunnucks Phoenix Business Journal

Taser International Inc. reported a $15 million profit for 2007 on revenue of $101 million. The Scottsdale-based stun-gun maker reported earnings of 24 cents per share. That compares with a net loss of $4.1 million, 7 cents per share, on revenue of $68 million in 2006. The Scottsdale-based company (Nasdaq: TASR) has seen demand grow both in the U.S. and internationally. The company has filled orders from police departments in Cleveland, Houston, Knoxville, Tenn., and Topeka, Kan. Taser has also successfully fought off a number of product liability lawsuits stemming from police use of its stun guns that have resulted in injuries or fatalities.

Toronto police seeking to amend regulations to allow tasers for all officers

At its next meeting on Thursday February 21, the Toronto Police Services Board will consider a report from the Chief of Police containing a recommendation that the Board write to the Ministry of Community Safety and Correctional Services to amend the regulations to allow for the expansion of TASERS to front-line police officers. The report will be item 5C on the agenda to be posted on the Board's website, click on agenda. (The Feb 21 agenda was not posted by Wednesday afternoon.)

The meeting is at 1:30 PM in Committee Room 2, second floor, Toronto City Hall.

If you would like to deliver a deputation to the Board at this meeting, call the Board secretary, Deirdre Williams at 416-808-8094, or email her at Deirdre.Williams@tpsb.ca . If you cannot attend, please send a letter to the Board using Ms Williams' email.

When we held the taser forum at Innis College on stormy and snowy February 6 (about 75 people attended), there was general agreement that we would ask as many people as possible to speak at a city hall meeting about tasers if one could be arranged. This opportunity has come up (more quickly than expected), and we hope you'll speak. The more people who speak up, the more chance we have of stopping this recommendation. Just voice your opinion, loudly and clearly, and tell the Board whatever information you think it needs to know.

John Sewell for
Toronto Police Accountability Coalition

Monday, February 11, 2008

Police and tasers: hooked on shock

February 11, 2008
by Naomi Klein

The past couple of weeks have been rocky on the stock market, but one company that hasn't been suffering too much is Taser International. At the end of January, its stock jumped by an impressive 8 per cent, and it's even higher today.

Matthew McKay, a stock analyst at Jeffries & Co. in San Francisco, cites a simple cause: news that the Toronto Police Services Board plans to buy 3,000 new Taser electroshock weapons, at a cost of $8.6 million for gear and training. If the deal goes ahead, tasers would become standard issue weaponry for all of Toronto's frontline officers, right next to their handcuffs and batons.

On Wednesday night, I participated in a public forum about the prospect of a fully taser-armed police force, organized by the Toronto Police Accountability Coalition. One speaker, who had a history of psychiatric illness, told the room: "We're worried because we're the people who are going to get shocked."

It's a concern grounded in experience. According to Toronto Police Chief Bill Blair's own analysis, in 2006, city cops deployed the devices in 156 incidents. In all but nine, the subject appeared "to have a mental disorder" or was in some sort of "crisis."

Several speakers at the forum pointed out that $8.6 million would be better spent keeping people out of crisis — by opening more beds and providing better mental health and addiction services. Instead, four homeless shelters were closed last year, at a loss of 258 beds.

But the most troubling remark of the evening was this: "Why is this happening now?" The timing is indeed baffling. It was only three months ago that video of the death of Robert Dziekanski at the Vancouver International Airport caused an international furor. The tragedy exposed the most prevalent misconception about tasers: that they are used primarily as an alternative to guns. As former Toronto mayor John Sewell told me, "the taser is not the thing that replaces the gun, it's what replaces all the other things that police might do other than use a gun, like talk to you."

That certainly appears to have been the case with Mr. Dziekanski. When the RCMP approached him, they made no attempt to calm the unarmed Polish man, or to discover the source of his extreme agitation. Within 25 seconds, he was getting zapped.

Mr. Dziekanski's death also put a spotlight on the other post-taser deaths, the ones not caught on film. According to Amnesty International, 310 people in North America have died after being shocked with a taser since 2001.

Were these deaths caused by the device or by something else? Taser's aggressive lawyers make it tough to know. The company has been hit with roughly a hundred wrongful death and injury lawsuits and claims it hasn't lost one yet. But in August, Bloomberg News reported on "several mysterious dismissals" — instances where the plaintiffs asked for the cases to be thrown out. Though Taser denies paying off all its accusers, it admits to paying in some, "where the settlement economics … were significantly less than the cost of litigation."

Taser has consistently claimed that something else is causing the deaths. The company points to a report saying that that death by electrocution happens within seconds. Yet in many cases, subjects have died minutes, even days, after being shocked.

A recent study may explain the discrepancy. Trauma researchers at Chicago's Cook County Hospital conducted an experiment on 11 pigs, zapping each for 40 seconds; then zapping them again 10 or 15 seconds later. (This mimics how tasers are actually used, since Amnesty reports that those who have died after being Tasered were frequently "subjected to multiple or prolonged shocks.") The study found that all the pigs exhibited heart problems after the shocks and two of them died of cardiac arrest, one three minutes later.

Taser CEO Rick Smith has brushed off the study, saying human research is more relevant. However, according to Bob Walker, one of the lead researchers, it shows "that the effect of the taser shot can last beyond the time when it's being delivered."

So back to that question: Why now? In addition to the troubling new scientific evidence and the disconcerting lawsuits, there are several public investigations in Canada that are still ongoing. In addition to those sparked by the Dziekanski death, New Brunswick, Newfoundland and Nova Scotia are all conducting taser reviews.

Surely it would be wise for Toronto's police chief to wait for those findings before ordering a seven-fold taser increase. But something more powerful than reason appears to be at play here, and I believe it has to do with the seductive promise of no-touch policing.

No other method of controlling unruly suspects offers police the same kind of all-encompassing, instant effect. Talking, calming, negotiating are all messier and take time. Other physical techniques put officers' own bodies at risk.

Then there is the taser. The company boasts that its technology, which allows electrified darts to be fired from more than 10 meters away, "temporarily overrides the command and control systems of the body." At the push of a button, even the strongest, angriest subject drops to the floor. In a way, firing a taser is the maximum power one person can exert over another. As an Ottawa Police officer reportedly said after tasering protesters at the ministry of immigration back in 2003: "Less mess, more fun."

Few would argue with an officer's right to use an electroshock weapon when lives are in danger and the only alternative is a gun. Many Toronto police officers, particularly those on the Emergency Task Force, clearly use them with restraint.

Yet there is also plenty of evidence that some officers get hooked on shock. In Edmonton, in 2001, reports of taserings averaged less than once a week. Three years later, they were coming in daily. In another part of the country, a mother in Dartmouth, Nova Scotia called police when she and her 17-year-old daughter were having an argument. Three officers showed up and tasered the teen in her own bed. In a recent court ruling, the judge called these actions "very disturbing and disconcerting."

It may well be possible to prevent shock-happy policing with tighter controls. Yet, despite repeated calls for stricter regulations for police, Taser International is racing to get its devices in the hands of civilians, marketing the product as not just safe but fun. In the United States the company has been aggressively pushing its line of C2 "personal protectors" — available in pink, leopard print, and in holsters with built-in MP3 players. (The weapon is nicknamed the "iTaser.") Tupperware-style taser parties are springing up in the suburbs of Arizona.

Taser International is a company whose executives present themselves as serious experts in public safety. Yet it has launched this foray into fashion at the very moment when the safety of its devices is being questioned on multiple fronts. Valentine's Day is coming and Taser's website is busily hawking the C2 in flaming red. "Love her? Protect her," goes the slogan.

This is what corporations do: whatever they can get away with to sell more product. From Taser International, we should expect nothing less. From our police we have a right to expect much more.

Naomi Klein is the author of The Shock Doctrine: The Rise of Disaster Capitalism.

Saturday, February 09, 2008

The facts about tasers — and the lies

By Rob Wipond

Police adore Tasers. Medical researchers and coroners have become cozy with the manufacturer. Taser International has been threatening legal action against Canadian media. Whose claims can we trust?

Shortly after the horrifying, videotaped death of Robert Dziekanski at Vancouver Airport tore through our public consciousness, another frightening thing happened. The Canadian Association of Chiefs of Police leaped up and gave Tasers a ringing public endorsement.

It was the most crass act the association could have committed, reminiscent of how the National Rifle Association parachutes gun proponents into the post-mortems of mass shootings.

“Forgive us if we sound biased,” announced association president Gord Tomlinson to the press.

But should we forgive them?

Well, there is one crucial aspect to the police side of this story that’s so far been underdiscussed.

Years of cutbacks by conservative-leaning governments to health care, welfare, assistance programs, and housing have created a volatile social milieu, particularly for people experiencing intense psychological or addictions-related crises. And police are now left alone as the front line responders to an increasing number of explosions of anxiety and frustration at overcrowded boarding houses, underfunded social service agencies, short-staffed care facilities, downtown streets and, sometimes, even homes and airports. (For more insight on this issue, see also this deputation to Toronto police by Canadian rights activist and survivor of forced psychiatric treatment Don Weitz.)

In 2005, Movie Monday showed Crisis Call by Canadian Laura Sky, a thoughtful documentary that had gathered interviews with police officers about this growing nation-wide phenomenon. Three area police officers answered questions after the showing, and overall it became clear that our police, mainly trained to handle criminals, dislike having to fill this gap in our social safety net, and are feeling increasingly overwhelmed and ill-trained for the role.

Victoria’s Sgt. Grant Hamilton confirms that “the majority” of police interventions today involve alcohol, drugs or mental health issues. “When no one else can come,” he adds, “you call the police. We’re the only ones who can always come.”

Though reluctant to comment on the broader political issues, Hamilton points to the significant impact on police of lack of housing alone and states, “We definitely want a solution.”

All of this could explain, in part, the rough, hurried way the RCMP treated Dziekanski. His situation seemed to require an interpreter, border staff who weren’t bogged down in the minutiae of ridiculously expanded anti-terrorism responsibilities, or maybe a crisis interventionist or just a responsible security guard. But to four heavily armed police officers, Dziekanski was just another time-sucking irritant.

All of which also begins to explain why quickie-takedown Tasers have become so popular, misused and vehemently defended by police.

WIDESPREAD IMPROPER USE

Since 1999, thousands of North American police forces have been arming with Tasers, and deployments are rising steadily. Municipal police in BC’s Lower Mainland used Tasers 152 times in 2006, up from 97 in 2005. With some controls in place, Victoria police Taser deployments remained steady, at 79 in 2005 and 74 in 2006 (though these numbers don’t distinguish between actual uses and merely drawing the Taser).

Conservative calculations link 300 North American deaths to Tasers, 20 in Canada.

Maybe most Taser uses are appropriate. Nevertheless, abuse of Tasers is obviously rampant. From Halifax to Victoria, Nunavut to Miami, six year olds, retirees, and even unarmed people in wheelchairs have been Tasered.

Particularly telling is the number of minor infractions that, somehow, escalate into violent conflicts. Amnesty International’s report on Canadian Taserings includes a speeding infraction, a suspected unpaid cab fair, a man refusing to leave a bar, and a man with cerebral palsy being evicted. Police searching an Edmonton hotel used Tasers to rouse sleeping suspects. A distressed 82-year old Victoria man was Tasered trying to escape Beacon Hill Villa. (The Villa itself is now under investigation for elder abuse.)

These aren’t the types of situations which we would ordinarily expect to cause officers to fear for theirs or anyone’s lives. And in the past, such situations were not typically associated with police shootings. So what’s going on? The chair of the Toronto Police Services Board recently expressed worry that “the Taser could lead to lazy policing”, and indeed, these accounts suggest police may become bolder, less patient and more provocative themselves when they have Tasers at hand.

Even when suspects are under control, Tasers are frequently used: An Ottawa protester passively resisting arrest was Tasered. An impaired driver resisted being fingerprinted and was Tasered three times. A jaywalker returned to talk, but refused to sit down, and was Tasered twice. A Halifax woman was shocked three times while handcuffed in a jail cell.

Far from saving lives, such situations are clearly more about what the UN Committee Against Torture has condemned as using Tasers for “pain compliance”. Indeed, while much attention has focused on Taser safety, Amnesty International has pointed out that equally concerning is the way Tasers give police a portable, easy-to-use manner to inflict terrible pain without leaving appreciable marks. (Public Taser demonstrations usually inflict split-second jolts, but in the field Tasers fire for five seconds, and can fire longer and repeatedly. By most accounts, the pain is excruciating. ) (Note: Here’s a police training video that looks at least a little more realistic…)

Yet our governments and police apparently don’t see a serious problem, and so far aren’t demanding or instituting fundamental changes to how Tasers are handled. Still more internal “reviews” are coming, but there’s been no commitment to a comprehensive, independent evaluation.

Instead, most North American police have become so attached to Tasers, they’re manipulating the political landscape and misleading public perception.

SEMANTIC SWINDLES

From the beginning, police have presented Tasers as a “nonlethal alternative to deadly force that saves lives”. How could any reasonable person not embrace that?

Unfortunately, every word of that statement is misleading.

When Victoria police wrote their “Final Report” on Tasers in 2005 for the Police Complaint Commissioner, they themselves lamented that the term “nonlethal” had “inadvertently” created “unrealistic” expectations in the public. They recommended Tasers be described as “lower lethality” weapons.

That description hasn’t caught on.

Meanwhile, claims about “saving lives” bloat absurdly.

Const. Mike Massine, who co-authored Victoria’s report, told the Canadian Press in November he would’ve had to kill several people but for the Taser. It’s hard to question such personal, anecdotal evidence. But police reps cobbled together these statements from officers and in 2004 told the CBC Tasers had saved 4,000 Canadian lives since 1999. (CBC updated that web page in 2007 and, somewhat ironically, kept the same figure. Here’s the original CBC page from 2004 thanks to Archive.org’s WayBackMachine.) At that point, such claims appear for what they are: pro-Taser propaganda. If true, that would mean without Tasers our police would’ve engaged in annual slaughters twenty or thirty times Canada’s historical rate for police shootings, making them bigger homicidal maniacs than all of our murderers combined. (Our suicide rates haven’t changed, so police weren’t saving those lives, either.)

As for Tasers being “an alternative to lethal force”, that was corrected during the 2005 inquest into the shooting death of Saanich’s Majencio Camaso. Use-of-force expert Const. Wayne Unger said Tasering the unstable man would have been inappropriate, unless the attending officer had been backed up by someone with a firearm. Similarly, Massine recently explained to CP, “I had somebody watching my back with a pistol. [A Taser] works in concert with lethal force. It’s never intended to replace it.”

Essentially, unless there’s still time, space and opportunity to turn to lethal force if need be, police aren’t supposed to use finicky, fallible Tasers.

So then, are Tasers an alternative to lethal force in life-threatening situations, or an alternative to try, along with patience, physical restraint and batons, before a situation becomes truly life-threatening? Police answer differently depending on whether they’re justifying their Taserings or their shootings.

This December, the RCMP Complaint Commissioner’s report confirmed such “usage creep” meant police were far too often using the Taser “earlier than reasonable” in situations that weren’t even “combative” let alone life-threatening for anyone.

Though he too still feels Tasers save lives, Victoria’s Sgt. Hamilton also confirms, “The Taser was never intended as a replacement to lethal force.” He instead describes a scenario where a knife-waving man ignores police commands. “Can we let that person walk away?” Depending on “very fluid” situational factors, Hamilton says, like relative size of a police officer to a suspect, officer skill level, or presence of different weapons, a Taser might become a helpful option in the use-of-force continuum.

Hamilton’s argument helps bring some focus and forthrightness to the whole Taser debate, but such honesty is still too rare. More often, for example, police have even been turning to bald cover-ups to protect the Taser’s reputation. The video of Dziekanski’s death showed the RCMP lied brazenly about how much they tried to calm Dziekanski and how dangerous he was. After Robert Bagnell died in 2004, Vancouver police didn’t even tell their own investigating detective they’d Tasered the heavily-drugged and disoriented man. The detective learned it from witnesses later, and then for weeks police hid the fact from the public and Bagnell’s family.

Certainly, shootings in some cities have become slightly less common after Tasers were introduced. Yet have Tasers made it more common for police to accidentally kill people they had no intention, or need, to kill?

POLICE AND CORONERS LINKED TO COMPANY

According to police and manufacturer Taser International, Tasers have been “contributing factors” and “linked” to deaths, but have virtually never caused a death. (Taser International sent “legal demand letters” to 60 Canadian news outlets insisting on corrections to statements “blaming the Taser” for Dziekanski’s death.)

However, many medical studies and field safety reviews were either funded by Taser International, or involved police and people who’ve been on Taser International’s payroll, and it’s on such literature that many coroners base their conclusions about cause of death.

These intertwining relationships between police, coroners and Taser International run deep. BC’s chief coroner was the Surrey RCMP superintendent until 2001. Victoria’s Sgt. Darren Laur held stock in Taser International and professionally trained other agencies in Taser use until a few months before he began work on the VPD’s Taser evaluation. Ontario’s deputy chief coroner has been accepting all-expenses-paid trips from Taser International to give speeches about excited delirium, the mystery “disease” that supposedly causes many Taser victims to die.

Growing awareness of these tight relationships has prompted our federal government to promise an investigation into Taser International’s links to Canadian officials. In the meantime, this “common ground” with coroners and police has been helping the company win a running gun battle of lawsuits from Taser victims and their families. In return, according to the Globe and Mail, the company assists governments and police in their own legal defenses.

And what happens if you’re not “on side”? In 2005, Cook County’s Medical Examiner declared that a police Tasering had in fact caused the death of a Chicago man. Taser International lobbied for a judicial review and its hired experts publicly attacked the coroner’s credibility.

Forensic Engineer James Ruggieri published a study suggesting Tasers in real circumstances could give more dangerously intense shocks than the manufacturer states. (See an interesting article about it all part-way down here.) The company called Ruggieri a “high school drop-out” who couldn’t do basic math. Yet Taser International’s own 2003 medical review had concluded that, due to “physiological variables”, it was “impossible to accurately calculate” how much electrical shock a Taser would deliver into a human body. Similarly, the most recent inquest into the Bagnell case featured expert testimony that Tasers can administer shocks many times the manufacturer’s specs.

And that’s just the beginning of the medical unknowns.

MISSING MEDICAL RESEARCH

In police Taser reviews, negative findings may be downplayed or disappear. For example, the Canadian government’s own investigation of “stun guns” in 1990 found the weapons deadly and recommended banning them. Lead scientist Andrew Podgorski still speaks out against Tasers (more from Podgorski here.) However, his study isn’t discussed in the VPD’s report.

Overall, Tasers appear to be relatively safe when used on healthy, relaxed people. But how many times are Tasers being used on healthy, relaxed people?

That summarizes the glaring, suspicious gap in the medical research.

We already know prolonged, multiple shocks from Tasers are dangerous. But how deadly is even one Taser shock for people undergoing heart stress already? This at-risk group would include people taking most recreational drugs, withdrawing from drugs, taking psychiatric medications with heart-related side effects, experiencing high levels of adrenaline-stress, or who are just unhealthy.

Basically, this at-risk group would include practically everyone most likely to be Tasered. Furthermore, it’s known electrical shocks could interact with these other risk factors to induce cardiac arrest much later.

Unfortunately, most Taser studies have considered electrical shock alone as a possible cause of immediate cardiac arrest. Even the VPD’s report lamented this dearth of research into “such potentially relevant factors as drug ingestion and the elevated heart rate provoked by physical struggle”. The authors hoped two upcoming studies would address these gaps.

In 2006, the University of Wisconsin released one of those studies. It concluded Tasers could very occasionally cause cardiac arrests, even in healthy humans, if the barbs land close to the heart.

Taser International called Webster’s study flawed.

This December, the British government released the other widely anticipated study. It boldly announced Tasers wouldn’t likely cause immediate heart attacks. On the final page, the scientists quietly qualify their findings, though, by noting that they didn’t consider some factors which could make heart attacks more likely, “such as illicit drug intoxication, alcohol abuse, pre-existing heart disease”, prescription drug use, or physical stress.

Evidently, it’s another useless study that’s nevertheless been useful for police and Taser International-the company promptly linked to it from their website’s front page. It’s helping them market their more powerful, wireless, shotgun Tasers to governments, and some sleek pistol models to women.

Reposted here with permission of the author. Copyright by Rob Wipond.

Police shocker: the taser is here to stay

February 9, 2008
HENRY AUBIN, Montreal Gazette

The videotape of RCMP officers' gratuitous and fatal use of a Taser against a man in Vancouver last fall prompted a nationwide eruption of public horror over police forces' use of this weapon. In the wake of that incident, many law-enforcement officials have voiced concern and reviewed their use. So, problem over, right? Wrong.

Don't let officialdom's regretful tone fool you. Now that the Vancouver affair has blown over, Tasers are creeping back in much of the country.

Let's start with Quebec. Although the incidents drew little attention because they were not videotaped, two men died in Quebec last year in the days after police shot them with the electric-shock device. Quebec City police tasered a 32-year-old translator, Claudio Castagnetta, after they stopped him for loitering and, according to witnesses, he resisted being placed in a patrol car by making his body rigid. And in Montreal Police tasered 38-year-old Quilem Registre after they stopped him for erratic driving and, they say, he became aggressive.

Quebec's public security ministry, which oversees police forces across the province, issued a report on Tasers in mid-December. The ministry immediately accepted all the report's recommendations for restricting the police's use of Tasers, but those restrictions are slight.

For example, the province's earlier rules, apparently ignored by the officers who zapped Castagnetta with impunity, barred tasering people who were only "passively resisting" arrest. The new rules says officers can use the Taser on people whose "resistance represents a significant risk to the safety of the officer or anyone else." Despite the change in wording, the versions differ little in their practical application.

Indeed, the new rules also say officers should assess a person's "potential for violence." The word "potential" is a loophole giving officers' enormous discretionary power. Officers might claim after the fact that even mild-mannered individuals had given them reason to believe they would become aggressive.

The report also cavalierly dismissed France's practice of clipping a camera (made by the Taser's manufacturer) onto the weapon and recording all the action in video and audio. The report says current training "conditions police to place their hands (on the Taser) in a way that would obstruct the camera's view." Evidently, it would be too much to change the training.

The panel that wrote the report had 26 members and associates, of whom 25 are from the world of law enforcement - that is, from the the police departments, the police academy or the ministry. (The exception is a doctor employed by the province.) So much for taking into account the broad public interest.

Incidentally, Montreal could set tougher rules for its own force. So far, however, the Tremblay administration has given no sign of concern.

Elsewhere in Canada, it's much the same lethargy. After the Vancouver incident, the Commission for Public Complaints against the RCMP made recommendations for changes. The RCMP, however, rejected a key one: The elevation of Tasers from the category of "intermediate weapon," a relatively humdrum status that includes pepper spray, to the serious category of "impact weapon." If Tasers were in the latter group, they could be used only against people who are "combative" or otherwise dangerous.

In New Brunswick, police chiefs ordered a review of Taser use, and have concluded no substantive changes are needed.

As for Toronto, its police chief is certainly demanding change - but it's not in the direction that reformers would like. He wants to buy 500 additional Tasers.

The devices are supposed to be substitutes for firearms. Too often they are substitutes for talk.

In Montreal, a coalition of critics that includes two councillors from the city's ruling party - Warren Allmand and Marvin Rotrand - is asking to suspend the use of Tasers until impartial research is in on how these 50,000-volt guns affect people with various health problems or who are high on drugs. Twenty people in Canada have died after being tasered, says Amnesty. If governments require the pharmaceutical industry to test its wares for health effects before selling them, why not ask the same of Taser International? By the way, the company is poised to launch later this year a new model that will make the current one look like a peashooter. The current handgun-style model zaps people as far away as eight metres. The new model is a 12-gauge shotgun with a range of 30 metres.

Unless politicians suddenly wake up, we ain't seen nothing yet.

Tasers need to be banned

February 9, 2008
JOSEPH QUESNEL, Winnipeg Sun

Police across Canada should consider following New Brunswick's example when it comes to Tasers. Police chiefs in New Brunswick recently updated their policies on Tasers following a string of deaths involving the devices. It includes more training for officers and re-certification requirements at least once a year.

The policy also deals with mental health issues and how police can spot someone in the "excited delirium" condition. This mysterious condition is often cited in cases where someone has died after being hit by a Taser.

The only weakness of the new policy is it provides no guidelines for officers on when to use the device. It is up to the officer's judgment. The officer must decide if the person is in an "excited delirium" state before they shock. Besides not having the expertise, it stands to reason in an emotionally-charged situation, officers might not make the best judgments.

In a life or death situation, a lot is at stake.

I used to be a proponent of the Taser. Any alternative to deadly force, I thought, was a good thing. But, like others, I do not see them now as an alternative to deadly force as they can often be the instrument of deadly force. Amnesty International has already cited evidence of deaths in the United States related to Taser use. Without conclusive research, police should treat them as a firearm. It should not be drawn unless there is real threat of personal harm.

After the shameful and unnecessary death of Robert Dziekanski, the Polish national who died after being struck by a Taser by the RCMP at Vancouver International Airport, it has become obvious Tasers are being used too casually.

While opposing a ban, I find calls for a moratorium on the Taser pending further study to be compelling. What is certain is police all across Canada need further training and clearer guidelines.

The RCMP deserves credit for reviewing their policies on Tasers after the death of Dziekanski. Last November, the Canadian Press released a report documenting RCMP use of the device. The documents address hazards of the device and provide clues how to improve use.

In hundreds of cases, Tasers were used as a compliance tool and not as a means of last resort to defuse a major threat and, in the majority of cases, those subjected to Tasers were unarmed. While this makes sense, as most people stopped by the RCMP are not armed, it shows police are too quick to view Tasers as a way to restrain people in non-deadly situations. The device should not be an easy tool to keep low-risk prisoners, drunks and unruly people in line.

Police, predictably, have come to the Taser's defence. It is the best option to handle a dangerous situation without having to draw their weapon, they argue. But, without adequate study into deaths involving Tasers, it is evident for some people police have to confront, Tasers could prove to be as deadly as firearms.

Sadly, police are ill-equipped to know who these people are until after they wind up dead. Until they do, the device's use should be curbed.

Friday, February 08, 2008

Quebec government faces calls to suspend taser use

February 8, 2008
RHÉAL SÉGUIN, The Globe and Mail

QUEBEC CITY -- The Quebec government is under increasing pressure to impose a moratorium on the use of tasers until an independent study can verify whether the weapons are safe for use by the province's police forces. The Parti Québécois said yesterday it will use parliamentary tactics to force Premier Jean Charest's minority government to reverse an earlier decision and impose a moratorium. "At the opening of the session, we will deploy a precise strategy to make sure all the light can be shed on this issue," said PQ House Leader François Gendron.

Furthermore a new coalition that includes Amnesty International, the Ligue des droits et libertés, various politicians and advocacy groups demanded a moratorium yesterday citing the deaths last fall of Quilem Registre in Montreal and Claudio Castagnetta in Quebec City as examples of the unsafe use of the weapon.

Tasers were used in separate incidents during the arrests of Mr. Registre and Mr. Castagnetta. Three other Canadians died last fall following multiple discharges of the electroshock weapon, including the well-publicized case of Robert Dziekanski at the Vancouver airport.

"People are worried and we need a moratorium while independent experts study the safety of this weapon," said Dominique Peschard, president of the Ligue des droits et libertés. "We also need an inquiry to determine if the taser gun contributed to the deaths of Mr. Registre and Mr. Castagnetta."

Friends and relatives of the Registre and Castagnetta families have urged the government to release all information from the Sûreté du Québec's investigation into the deaths of the two men. "It's been five months since Mr. Castagnetta died and we've received nothing from the police investigation," said Jesse Zimmer, a close friend of Claudio Castagnetta. "In Ontario, independent inquiries are conducted into deaths involving police officers. Here in Quebec the police investigate the police. That has to change."

Jacques Dupuis, the Quebec Minister of Public Security, reiterated yesterday that his government was open to all new information regarding the safety of tasers, but categorically refused to impose a moratorium. A study released last December conducted by experts and senior members of Quebec police forces recommended improved training on the use of tasers, but stopped short of recommending a moratorium.

The coalition questioned the report's neutrality noting that new information from tests conducted on animals have shown that tasers could cause heart damage.

"It is a weapon that has been denounced as a weapon of torture by a United Nations committee," Amnesty International spokeswoman Anne Sainte-Marie said yesterday.

We are waiting for answers - Sister of victim speaks out

February 8, 2008
IRWIN BLOCK, Montreal Gazette

Chantal Registre wants answers. The main one is to this question: If the Taser gun is more humane than one with bullets, why is her brother dead? She would like to know if the use by Montreal police of a Taser on Oct. 18 to subdue Quilem Registre, 38, provoked multiple heart attacks that killed him four days later.

Was there no other way to conduct his arrest on suspicion of drunk driving? she and a coalition of human rights groups and political figures asked yesterday. Because of the unanswered question, Chantal Registre said yesterday, she and her family are still in mourning. "We are all devastated," she said. "There is a big void and we don't know what to say. We are waiting for answers, and there are no answers."

She attended a news conference yesterday to support a renewed call for an immediate moratorium on the use by police of Taser guns to pacify suspects. The coalition also called for a full public inquiry into the deaths of Registre and Claudio Castagnetta, 32, who was hit by a Taser in Quebec City. The inquiry would include expert testimony into the medical and psychological consequences of being zapped by 50,000 volts of electricity.

City councillor Warren Allmand, a former federal solicitor-general, said an independent inquiry should look at the effect of Taser use on the elderly, the sick, children, women and people taking medication, alcohol or drugs. "What is the impact of repeated shots?" Allmand asked. "How many shots does it take to subdue a threatening person? What is the lethal potential of these weapons? What are the alternatives?"

The coalition rejected a report issued by a Quebec government subcommittee on the use of force because it included only one person, a physician, not connected with police or government. Independent experts must be consulted before the Quebec Public Security Department issues guidelines on Taser use, as it plans to do, the coalition said.

The Quebec coroner's office is investigating the cause and circumstances of Registre's death and that of Castagnetta in September. Castagnetta, an Italian immigrant, was walking around barefoot in a Quebec City store and refused to leave. He died in a police cell two days after he had been tasered three or four times.

Quebec Public Security Minister Jacques Dupuis sees no need for a moratorium or an inquiry, as no study has blamed Taser use for any deaths in Canada, spokesperson Philippe Archambault said yesterday. About 150 Tasers are used by police forces in Quebec. All officers who get one receive special training, he said.

A total of 20 people have died across Canada since 2000 after they were tasered by police, Amnesty International's franco-phone branch said yesterday.

Montreal police have 16 Tasers in their arsenal and they are distributed as follows:

Five are available for the SWAT team; there are four each for the police force's intervention groups that control riots and work at detention facilities; two are for training and one is at the Montreal courthouse, Inspector René Allard says.

Guidelines for Taser use in Montreal specify two situations: The person to be apprehended represents a high risk of violence,or police consider there is a high risk of injury to the person to be arrested, to officers or to bystanders, Allard says.

Thursday, February 07, 2008

California man dead after being stunned with police taser

Richard Earl Abston, 53, unarmed

The usual sequence of events. According to a police spokesperson, "... he became inactive and then started to become unresponsive. The officers immediately took attention and called an ambulance. CPR was started at the scene ..." The cause of the man's death hasn't yet been determined. A postmortem is scheduled for Friday.

Sister of Quilem Registre and Montreal groups want moratorium on taser use

January 7, 2008
The Canadian Press

MONTREAL - The sister of a man who died after an altercation where police zapped him with a stun gun joined a chorus of activists and politicians Thursday calling for a moratorium on the use of the Taser.

Chantal Registre sat quietly during a news conference where the Quebec League of Human Rights, Amnesty International and others decried the use of the weapon to subdue suspects police deem unruly. The groups argued too little is known about the medical risks posed by stun guns and what they do to elderly persons, psychological patients or people on drugs.

Registre said she believes police improperly use stun guns and that cops should use the training they get at the police academy to subdue suspects. "I think they think it's a toy," she said after the news conference. "It's not a toy. It's really not a toy. I have the proof it's not a toy," she said. "I don't have a brother any more."

Her brother Quilem Registre was stopped by Montreal police in October 2007 for driving erratically. Police said he was intoxicated and aggressive and they used a stun gun - which emits a 50,000-volt electrical charge - to subdue him. He died in hospital several days later of liver and heart failure after his condition deteriorated.

"We're upset, the whole family is upset," Chantal Registre said, adding that her family is still awaiting an explanation of what happened to her brother. "We're always waiting for answers but we don't get them."

Quilem Registre's death came days after an incident in Vancouver that put stun gun use by police on Canadians' radar and sparked a widespread debate on the issue. RCMP used Tasers on Robert Dziekanski, 40, who had flown to Canada from Poland to join his mother. The Polish-speaking man became distraught after being stuck in the airport for several hours and police said they needed the zapper to control him. He died within minutes of the police intervention, which was captured on video.

Manufacturer Taser International maintains the deaths cannot be blamed on the device, which immobilizes suspects with an electrical shock. Since 2003, at least 17 Canadians have died following stun gun incidents.

Warren Allmand, a former federal solicitor general and past president of the International Centre for Human Rights, said a full, independent medical and technical review of all models of stun guns is needed. "What is the lethal potential of these weapons and how should they be categorized in relationship to other weapons and control mechanisms?" Allmand said. "What are the alternatives? It is only when we have the answers to these questions that the government can draft appropriate guidelines or directives for the use or non-use of Tasers."

Marvin Rotrand, a Montreal city councillor, said he is still trying to get a copy of the guidelines for use of stun guns by city police although he has been assured it is infrequent. He said he has been told the Montreal force only has 13 Tasers compared to 500 in Toronto. He's concerned that there is a push by police forces in Canada to make stun guns an everyday part of the street cop's arsenal.

"We find that very, very scary," Rotrand said. "We want there to be extremely strict rules if this is even going to be used by police. We want to know in advance whether this is a valid alternative to lethal force or this is something that is going to create a situation that many of us are going to regret afterwards."

(A report in today's Montreal Gazette says: The National Congress of Italian Canadians supports the moratorium and public inquiry call in connection with the death of Claudio Castegnetta, 32, in Quebec City in September. The Italian immigrant was a visibly disturbed man, wandering around barefoot when he refused to leave a Quebec City store. He died in a police cell two days after he was hit three or four times by a police Taser gun.)

Judge makes no recommendations after Alessandro Fiacco fatality inquiry

February 7, 2008
Trish Audette, Edmonton Journal

EDMONTON - There was no "causal" connection between a 33-year-old man being Tasered on Christmas Eve two years ago and dying soon after, an inquiry judge has ruled. On Dec. 24, 2005, Alessandro Fiacco was seen and heard thrashing and screaming in the streets of McKernan neighbourhood, complaining of bugs and snakes crawling over his skin. One of two Edmonton police officers who arrived on the scene shot Fiacco shot three times with a Taser in 17 seconds. Nearly half an hour later, when Fiacco was in an ambulance on the way to the University of Alberta Hospital, he went into cardiac arrest and died.

"Current medical (scientific) research (one has to wonder WHOSE research) shows Tasering does not cause death," Provincial Court Judge Fred Day said in a written decision released today. "That is, it is not a direct cause of death. (Google Ronald Hasse!) Whether further research will show otherwise remains to be seen. There is an ever-increasing body of anecdotal (anecdotal?! dead is dead) evidence about death due to Tasers. They tend to show casual rather than causal connection."

At the inquiry hearing last October into Fiacco's death, the medical examiner said more than five milligrams of cocaine per litre of blood was found in the area of the man's legs and groin during the autopsy. More than two milligrams of cocaine per litre was found in his heart. Anything higher than a single milligram of cocaine per litre of blood could be fatal. Toxicologists estimate a "line" of cocaine might make for 0.2 milligrams of cocaine per litre of blood. The official cause of Fiacco's death was acute cocaine toxicity, or a massive drug overdose.

The purpose of a public fatality inquiry is to examine the circumstances of a sudden death occurring when a person is in police custody, dealing with officers, or in another government institution. Judges look at whether there are policy changes to be made in the future, but can not rule on legal responsibility.

In this case, Day made no recommendations to prevent similar deaths because of a "complete lack of evidence that Tasering caused or contributed to" Fiacco's death. He also noted the Solicitor General recently issued new provincial guidelines on the use of the stun devices.

Police should have 'bean bag' weapons, fatal inquiry recommends

February 6, 2008
Sherri Zickefoose, Calgary Herald

Equipping Calgary police cars with bean bag firing weapons and training police to use them may prevent deaths similar to the shooting of a knife-wielding man by police. Police should also reassess criteria for deploying the TAC team to weapons calls, a fatality inquiry judge recommends about the Jan. 21, 2005 police shooting of Harjinder Singh Cheema.

Although Calgary police have since issued Tasers to patrol units, they haven't followed other agencies' move to equip front-line officers with beanbag rounds.

"Had the Calgary Police Service TAC team been called to the scene earlier, it is possible that the use of a non-lethal weapon such as the beanbag round may have disabled Mr. Cheema without resulting in his death," Judge Sandra Hamilton wrote in her decision from a fatality inquiry probing the shooting of a knife-wielding man by police.

"The bean bag round, properly deployed, would appear to be preferable to the use of the tasers in situations involving armed assailants."

Hamilton also deemed Cheema's death homicidal, adding the police shooting was appropriate, and that there is no culpability.

Not one witness faulted the police decision to shoot Cheema as he brandished a knife outside his home on Jan. 21, 2005, but some testimony during the six-day inquiry last March touched on whether authorities could have handled the case differently.

Cheema, 30, stabbed himself several times in the abdomen after he attacked his wife, Kuldeep Sandhu, who had filed for divorce a week earlier. Bloody, barefoot and intoxicated after staying up all night drinking, Cheema emerged from his house on Queensland Circle S.E. two hours after the assault and advanced on officers outside, ignoring their repeated commands to drop the kitchen knife he was holding.

Sgt. Rick Parent, an instructor at the Justice Institute of British Columbia, testified that Cheema intended to commit "suicide by cop."

The inquiry heard evidence that deploying the tactical team sooner may have given police time to devise a plan and get in place before it was necessary for Const. Ian Vernon, a police dog handler, to shoot.

Vernon and a group of patrol officers who responded to the call surrounded the Cheema house after Sandhu, her mother and two-year-old daughter fled to a neighbour's home for help. Officers testified that almost two hours elapsed while commanders tried to confirm whether Cheema was still inside, and weighed whether to enter the house. After an inspector called for the tactical team, it took about 15 minutes for six members to drive from the unit's northeast base to a command post near the scene.

At the time, only the TAC team carried less-than-lethal weapons such as Taser stun guns and so-called "beanbag" rounds that are fired from a standard shotgun but don't penetrate the skin. The TAC team had just finished a briefing and hadn't taken over when Cheema forced the patrol officers surrounding his home to act instead.

The sudden escalation without the TAC team in place left officers no option but deadly force, said Parent. Two things may have changed the outcome, Parent said: having TAC team members closer by, or equipping front-line officers with a wider array of less-than-lethal weapons.

Parent suggested having tactical members circulating in each city quadrant, rather than massed at a central base. A criminal probe cleared Vernon of any wrongdoing, and an internal investigation found police at the scene followed policies and procedures.

Quebec coalition calls for taser moratorium

February 7, 2008
Shuyee Lee, CJAD Radio, Montreal

A renewed call by a growing coalition for a moratorium on the use of Tasers by police. The coalition includes Amnesty International, the Quebec Black Coalition and politicians of all stripes including Montreal city councillors, the NDP, and the PQ.

They want an independent study and a public Montreal meeting on Taser use, dissatisfied with the recent RCMP review and Quebec public security report on Tasers because they were compiled mostly by police officials.

Councillor for Loyola Warren Allmand: "There are some worthwhile things that are in the report but it doesn't get to the basic problem which, (is) what is the real danger and impact of these weapons on a wide range of people."

Chantal Registre's brother Quilem was killed after police allegedly tasered him six times last October while trying to arrest him on a drunk driving charge. She says they still have no answers into his death. "On attend toujours des réponses et on n'a pas de réponses."

The coalition says politicians and police have to take a closer look at the use of Tasers in the wake of almost 20 deaths of people in Canada after being tasered by police in the past five years.

Amnesty International USA raises safety concerns about the taser shotgun

February 7, 2008
George McGinn - AHN

New York, N.Y. (AHN) - A new Taser shotgun capable of firing untethered rounds has raised the same unresolved concerns Amnesty International USA has with conventional Tasers. Larry Cox, executive director of Amnesty International USA, issued a statement in response to the introduction of the Mossberg Taser X12 LLS shotgun, which he said fires an "eXtended Range Electronic Projectile" capable of delivering an electrical shock to a target.

The XREP, which is not tethered to the gun, can be fired up to 65 feet, doubling the distance of traditional Tasers. "This weapon should not be introduced into the field before comprehensive, independent medical research on its safety has been completed," Cox said. "Using this shotgun before there is adequate research is putting the cart before the horse, with public safety the potential loser."

Cox said more than 290 people have died in the United States after being shocked with traditional Tasers. And according to a statement filed with the U.S. Justice Department inquiring into deaths in custody, out of 291 cases, Amnesty International has identified only 25 people who were reportedly armed with any sort of a weapon when they were electro-shocked. Such weapons did not include firearms.

"This should be a time to examine why these deaths are happening, not to experiment with newfangled ways to use the technology," he said.

The XREP's projectile has a 20-second default shock time, which is four times longer than that of the traditional device. "Most people who have died after being stunned with regular Tasers were subject to multiple or prolonged shocks," Cox said. "This new technology also raises medical questions about how electroshock interacts with the blunt impact of a powerful projectile."

According to Taser International's Web site, its proprietary new radial ammunition key technology prevents the system from accepting lethal 12 gauge rounds, eliminating the possibility of loading lethal ammunition during high stress situations.

Taser's press kit states that "Taser technology saves lives every day and numerous independent medical studies conclude that Taser Electronic Control Devices (ECDs) are the among the safest and most effective use-of-force options available. Taser technology dramatically reduces injury rates to suspects and officers, thereby lowering liability risk and improving officer safety and community security."

RCMP's top cop admits to "urgent" challenges facing force

February 7, 2008
Becky Rynor, Canwest News Service

OTTAWA - After six months on the job, RCMP commissioner William Elliott said he remains "urgently aware" of challenges facing the force, not the least of which is rebuilding Canadians' trust in the RCMP.

Elliott faced a barrage of questions from the standing committee on Public Safety and National Security Wednesday ranging from Taser use and whether he has ever been Tasered, the fact that he is a civilian and not a career cop, the critical need for the RCMP to maintain its independence and the length of time it takes for the force to conduct investigations.

Elliott admitted the force has "significant weaknesses," which was underscored by a task force report entitled, "Rebuilding the Trust," released in December. "As proud as I am to be commissioner, and as proud as all of the women and men of the RCMP are, and as good as a police force as we are, we are also fully aware that there is an urgent need for us to change in order address a variety of problems," he told the committee.

The report found that the RCMP was rife with despair, disillusionment and anger among its rank and file. It also recommended major structural changes to the force and that it be given separate employer status from the government.

Elliott said as per the report's recommendations, he is establishing "a full-time change management team," to address some of the recommendations. With members drawn from across the force and across the country, he said its first "deliverable" will be "a detailed action plan . . . to build a more modern, more efficient, more effective and more accountable RCMP force."

Elliott told the committee that while he has experienced "many highs" in his still brief tenure, there have also been "far too many lows," including the deaths of two members of the RCMP, Const. Christopher Worden and Const. Douglas Scott. It was also marred by "the most unfortunate and disturbing death of Robert Dziekanski . . . a death we deeply regret," Elliott said. Dziekanski died after RCMP officers used a Taser on him at Vancouver International Airport in October.

One of the key recommendations from a review by the Public Complaints Commission on RCMP Taser use, was that the device be reclassified as an impact weapon, just below firearms or on the same level as the baton. Currently Tasers are classified as "intermediate" devices, in the same category as pepper spray.

While that recommendation has not been followed, Elliott said the force has "reviewed all of our policies and we certainly carefully considered the recommendations that came from the CPC . . . We agreed that some changes were necessary, but I guess there is a difference in view with respect to when it is appropriate to deploy a conducted energy device."

Elliott said the RCMP continues to work with the commission regarding its recommendations on Taser use, but he said, "we continue to believe that, used appropriately, it's a device that promotes both officer safety and public safety."

"Have you ever been Tasered," Liberal Member of Parliament Ujjal Dosanjh jokingly asked Elliott. "No I have not," he replied. He said also had not had pepper spray or a baton used on him.

NDP member of Parliament Penny Priddy said she is "very disturbed to see people's faith in the RCMP dropping," and asked what the new Commissioner is doing to rebuild Canadians' trust and confidence in the RCMP.

"I wish there were a simple answer about how to rebuild the public's confidence in the RCMP," Elliott said. "I certainly think that we need to be more proactive with respect to our communications, I think we need to be more upfront with acknowledging the problems that we have . . . Unfortunately, the task force report sets out a litany of issues that we need to address," he said.

New Brunswick officers require yearly certification to use tasers

February 6, 2008
CBC News

New Brunswick law enforcement officials using Tasers and any other type of stun gun will now require annual certification, Public Safety Minister John Foran announced Wednesday. The annual certification replaces the three-year certification process that previously existed in the province. It was announced after the public safety department concluded its review on the use of stun gun devices.

No other new restrictions will be placed on the use of the stun guns, Foran said, but the report recommends that police call medical help to deal with any individual who appears to be under mental distress.

"Every situation is different but if your [police officer] is on the scene and they see what some people would call excited delirium or any other medical or emotional or psychological concerns, they may want to ask for a medical responder right away before the situation escalates," Foran said at a news conference in Fredericton.

The entire policy will not be released until the province's police chiefs have had a chance to review it, Foran said.

An eyewitness video of RCMP officers shocking Polish immigrant Robert Dziekanski, who subsequently died, at the Vancouver airport in October sparked international debate about the use of the weapon. In November, Howard Hyde, 45, died in a Dartmouth, N.S., jail 30 hours after being jolted by a Taser.

Foran, however, has previously said the deaths did not prompt the provincial review. The new policy will apply to Saint John, Fredericton, Rothesay and Edmundston municipal police forces that use the devices. It will not apply to RCMP officers in the province.

Fredericton police Chief Barry MacKnight said six people in the city were shocked in 2007 after resisting arrest and in nine other incidents, police officers threatened the use of a Taser. "When you look at the science, they are a very effective device in resolving situations where people are actively resisting and combative and even in some case when they're posing a lethal force threat," MacKnight told CBC News. "In some cases [Tasers] provide officers an option that is less than lethal."

`Why talk when you can shock,' says taser opponent

February 7, 2008
Robyn Doolittle, Toronto Star

Tasers are not a replacement for guns; they're a replacement for talking, said author Naomi Klein at a town-hall meeting last night. "If it happened in a cell, we would call it torture and if it happens on the street we should not be afraid to call it torture," said Klein, who is the author of The Shock Doctrine: The Rise of Disaster Capitalism.

The discussion on the police use of shock and stun guns was held at the University of Toronto in response to Toronto police Chief Bill Blair's request that 3,000 officers be armed with electroshock guns.

When RCMP officers used a Taser on Polish immigrant Robert Dziekanski in Vancouver International Airport last October, they did so within 25 seconds of their arrival on the scene, Klein said. Dziekanski died shortly after.

"Why talk when you can shock?" she said. "Tasers are not a replacement for guns. They're a replacement for everything else ...they're a replacement for talking; for negotiating."

As many as 20 people in Canada and 290 in the United States have died after being shocked by a Taser, said the chair of Toronto's Amnesty International chapter, Andy Buxton, who also sat on the panel.

Taser International has said the weapon it manufactures is safe. But during clinical trials, people who are zapped are in a calm, healthy state. "That's not how it is in real life," Buxton said.

Of the 310 people in North American who died after being shocked with a Taser, people were often intoxicated or high on some kind of drug, such as cocaine. The majority had been in an altercation with police, had had force used on them and many were tied up in some way.

"Something in that whole witches' brew all together (is unsafe) and we don't know what," Buxton said. "And until all the facts are on the table, (Amnesty International) is asking police in Canada and the United States to put a moratorium on the use of Tasers until we know whether or not they're safe," he said.

Buxton also cited statistics that show officers can become addicted to using Tasers. He used the example of the Edmonton police force, where Taser use increased from an average of once a week to once a day.

Wednesday, February 06, 2008

Taser International uses aggressive lobbying and legal tactics to silence controversy about taser safety

February 6, 2008
Ish Theilheimer, straightgoods.ca

Ish Theilheimer has been Publisher of the leading, and oldest, independent Canadian online newsmagazine, StraightGoods.ca, since founding it in September 1999. He lives in Golden Lake, ON, in the Ottawa Valley.

I've criticized the quality of CBC news and programming here in the past. This week, the CBC deserves credit for its coverage of the debate over the use of Taser stun weapons. Its documentary A Stunning Debate is chilling in its account of how the company that makes the weapon, Taser International, uses aggressive lobbying and legal tactics to keep the public from being fully informed of potential dangers from the weapon's use.

The CBC does not mention, however, what HarperIndex.ca reported in January: the company hired Stephen Harper's close friend and advisor Ken Boessenkool as a lobbyist shortly after the Tasering and death of Robert Dziekanski on video at the Vancouver Airport.

More than 300 people have died shortly after being tasered but, CBC reports, Taser International claims that most of these deaths, including Dziekanski's, were not the direct result of being tasered.

Victoria journalist Rob Wipond preceded the CBC by several weeks with his own journalism on the subject, which he posted online in an article called The Facts about Tasers — and the Lies. His article is more detailed than the CBC's coverage, and also more courageous in light of Taser International's financial and legal clout. The company, Wipond reports, sent "legal demand letters" to 60 Canadian news outlets insisting on corrections to statements "blaming the Taser" for Dziekanski's death.

According to police and the company, "Tasers have been 'contributing factors' and 'linked' to deaths, but have virtually never caused a death," reports Wipond. "However, many medical studies and field safety reviews were either funded by Taser International, or involved police and people who've been on Taser International's payroll, and it's on such literature that many coroners base their conclusions about cause of death." Wipond cites specifics of staff members from Canadian coroners' offices who have accepted benefits from or been involved with the company.

Wipond reports that Taser International assists government and police officials being sued by Taser victims. And both he and CBC report that officials who raise questions about the safety of the weapons are targeted for legal discipline. "In 2005, Cook County's Medical Examiner declared that a police Tasering had in fact caused the death of a Chicago man. Taser International lobbied for a judicial review and its hired experts publicly attacked the coroner's credibility."

Many of the risks are downplayed through the lobby effort. "How deadly is even one Taser shock for people undergoing heart stress already? This at-risk group would include people taking most recreational drugs, withdrawing from drugs, taking psychiatric medications with heart-related side effects, experiencing high levels of adrenaline-stress, or who are just unhealthy. Basically, this at-risk group would include practically everyone most likely to be Tasered."

It is good for police to have non-lethal alternatives, but the public is not protected by corporate cover-ups abetted by complicit public officials. And if you think public officials such as coroners are incorruptible, you have not been living in Canada and haven't heard of Dr. Charles Smith.

Saskatchewan taser legislation being reviewed

February 6, 2008
THERESA SERAPHIM, The Prince Albert Daily Herald

The province is reviewing legislation around the police use of Tasers, according to City police chief Dale McFee. “The legislation is under review by the Saskatchewan Police Commission,” said McFee, who is a commissioned officer of that body, adding that happens often. Currently, only trained members of the city police’s SWAT team carry Tasers, but, said McFee, the hope is that the commission will soon make a decision that would open the door for general members to use them, as well.

“There’s certain aspects (of use) that have to be met,” such as volts and amperes, he said. (Huh?!?!)

McFee acknowledged “Taser use is in the media,” but he said he hasn’t heard any concerns about tasers from local residents. “We’ve used the device three times successfully.” McFee said the main advantage to the Taser is that it is “less deadly than a regular firearm.”

Tuesday, February 05, 2008

Mississippi man dies after police taser him

Joseph E. Davis, 50, unarmed - died on Sunday, February 3, 2008

"... The deputies involved have not been placed on administrative leave and the sheriff believes they did the right thing."

Texas man dies after police taser him

Louis Cryer, 32, unarmed - died on Sunday, February 3, 2008

" ... Police tasered Cryer and, shortly afterward he went into cardiac arrest and died ... "

Sunday, February 03, 2008

EDITORIAL: Why rush on tasers?

February 3, 2008
Toronto Star

Robert Dziekanski was hit by a Taser at Vancouver Airport and died after struggling with RCMP officers. Near Hawkesbury, police zapped a disturbed man on a bus who was ripping the skin from his head. In Ottawa, police took down a teen who seemed suicidal.

Canadians have reason to worry about the growing use of Tasers by police in situations that once might have been dealt with by employing judicious physical restraint. This "usage creep" is troubling, and so is the lack of national Taser-use guidelines.

Liberal MP Ujjal Dosanjh said last week that Taser technology seems "riskier than I was led to believe." This from the man who okayed Canada's first Taser pilot project when he was B.C.'s attorney-general. Dosanjh aired his concern as Parliament's public safety committee looked into Dziekanski's death. Several Vancouver probes are also underway. The Ontario government, too, wants feedback before sanctioning more Tasers. Ideally, a consensus will emerge from all this.

Yet before the results are in, Toronto Police Chief Bill Blair proposes to spend $8 million to buy thousands more Tasers, after inquests urged their use. And the RCMP is shopping for 160. What's the rush?

The RCMP public complaints commission recently urged police to use Tasers only on suspects who pose a risk of "death or grievous bodily harm" to police, themselves or others. That forced the RCMP to remind officers that they may not use Tasers on people who resist passively or are belligerent.

That the Mounties needed reminding makes the case for national guidelines, and better training, before police go shopping for more.

Saturday, February 02, 2008

CBC Documentary: A stunning debate

Last week, a joint CBC News-Radio Canada investigation took a closer look at the taser and the manufacturer's claims of safety.

Watch A Stunning Debate (runs 22:08 minutes)

Amnesty International concerned by safety implications of taser shotgun

February 1, 2008
PRNewswire-USNewswire

Larry Cox, executive director of Amnesty International USA, released the below statement today in response to the introduction of the TASER X12 LLS Mossberg(r) shotgun, which fires an eXtended Range Electronic Projectile (XREP) that can deliver an electrical shock to a target. The XREP, which is not tethered to the gun, can be fired at a distance of up to 65 feet -- approximately double the range of traditional TASERs.

"The electroshock shotgun raises similar unresolved safety questions as traditional TASERs, but introduces new concerns, as well. This weapon should not be introduced into the field before comprehensive, independent medical research on its safety has been completed. Using this shotgun before there is adequate research is putting the cart before the horse -- with public safety the potential loser.

"More than 290 people have died in the United States after being shocked with TASERs. This should be a time to examine why these deaths are happening, not to experiment with newfangled ways to use the technology.

"The XREP's 20-second default shock time -- four times longer than that of the traditional device -- is worrying. Most people who have died after being stunned with regular TASERs were subject to multiple or prolonged shocks.

"This new technology also raises medical questions about how electroshock interacts with the blunt impact of a powerful projectile."

Friday, February 01, 2008

Halifax teen girl’s tasering was "by the book," police insist

February 1, 2008
DAVENE JEFFREY, Halifax Chronicle Herald

Public doesn’t have all the facts, force says

Halifax police struck back at detractors Thursday, insisting their officers went by the book when they Tasered a 17-year-old girl in her bedroom last year. Police said Thursday that the public has no idea what the officers confronted that night and hasn’t heard their side of the story, which a trial transcript says includes an angry crowd gathered outside the room.

Earlier this week, Provincial Court Judge Anne Derrick acquitted the girl of two counts of assaulting police and one count of resisting arrest. In her ruling, Judge Derrick said she was disturbed and disconcerted by the spectacle of the girl’s Tasering.

Since The Chronicle Herald ran that story Wednesday, Halifax Regional Police have been under fire from members of the public and at least one political party. "We are concerned that limited information has been relayed about this matter; only the judge’s decision and comments, and not the details presented as evidence by our officers during the trial, were released to the public," says a police department release. "Further, it is disconcerting to us that individuals and persons of office are weighing in on this matter publicly without having all the facts."

The release says the force would like to tell the whole story but it doesn’t want to jeopardize an appeal or future court proceedings. The department has asked the Public Prosecution Service to determine whether any errors in law were made in the case that would be grounds for an appeal.

On Wednesday, NDP justice critic Bill Estabrooks said he was alarmed by the incident and urged the government to fast-track its review of the use of stun guns in Nova Scotia.

The province, however, won’t be rushed. Justice Minister Cecil Clarke ordered the review last fall after a Dartmouth man died in jail 30 hours after police shocked him with a stun gun. The first phase of the review is expected to be finished by the end of the month. In the meantime, Mr. Clarke is refusing to comment on specific incidents.

The latest furor over Taser use stems from events that occurred Feb. 19, 2007, in a townhouse on Fundy Lane in Dartmouth. A transcript of the girl’s trial obtained Thursday by The Chronicle Herald provides the officers’ account. The court heard about a domestic incident call that quickly became one of the scariest incidents at least one experienced officer had ever been involved in.

Constables Philip MacKenzie, Tara Doiron and Brendan Harvey answered a call from a woman who wanted her angry teenage daughter out of the house before she caused damage. The 17-year-old had been arguing on the telephone with a younger sister, who had taken her purse. The officers testified that they had been told the older girl wanted to get even. When the 17-year-old refused to come downstairs, the officers went upstairs to her room. The girl was standing quietly by a window, and nothing had been damaged.

Const. MacKenzie tried to convince the girl to leave the home, but she refused and became angry. The officers admitted that they had no authority to arrest the girl at that point. Judge Derrick said that the officers should have backed off and spoken further to the girl’s mother. "By not leaving the bedroom that evening, the police set up the circumstances for an intense confrontation," she said.

According to the officers’ evidence, an intense confrontation is what they got. Const. MacKenzie testified that when he reached for the girl’s arm, she swung at him. He said he then pushed her onto the bed. The girl said she snatched her arm away and was pushed to the bed. All agree that the girl began fighting, trying to get two officers off of her. They got a cuff on one of her hands but couldn’t get hold of the other hand.

The girl, who was described as average-size, was yelling, swearing, spitting and growling, the officers testified. That’s when Const. MacKenzie told Const. Harvey to use his stun gun.

"I took off the cartridge and dry-Tasered or touch-Tased her in the lower back," Const. Harvey said. "The idea is just pain compliance to gain compliance for the arrest."

Seconds later the cuffs were on, but the girl was still struggling. At that point, the officers testified, they realized they were in danger. There was a large crowd in the hallway. The girl’s mother had come into the room, as well as a cousin, Wayne Thompson. "All you can see is people outside this door frame," Const. MacKenzie testified. "(Mr. Thompson is) literally (like) this at the door, keeping those people from coming at us." During the ruckus, the lights went out for a few seconds.

"It’s the first time in my career that I felt scared for my safety to the point where (I thought), ‘Oh my God, I’m in grave personal danger here,’ " Const. MacKenzie told the court.

More officers arrived and helped lead the girl through the crowd, downstairs and to the police vehicles. The Crown argued that the officers had the grounds to arrest the girl after her behaviour "crossed the line." Judge Derrick ruled that if a breach of the peace did occur, it happened because of an unlawful arrest.

The girl has said she intends to file a complaint with the police and may sue. Police spokesman Const. Jeff Carr said no complaint had been filed as of late Thursday afternoon.

Taser use made national headlines after a Polish immigrant died at the Vancouver airport on Oct. 14 after he was shocked during a confrontation with RCMP.

British Columbia, New Brunswick and Newfoundland and Labrador are also conducting reviews of the use of the weapons in their provinces.