EDITORIAL: More doubts on taser use

March 9, 2008
Halifax Chronicle Herald

POLICE in Nova Scotia should keep Tasers holstered until a provincial review of the potent weapons is completed and any recommendations acted upon.

That’s been our stance on Tasers since the review was announced last fall, when a number of Taser-related deaths in Canada, including in Nova Scotia, garnered headlines from coast to coast. We see no reason to change that position now that the initial findings of that review have been made public. Simply put, more studies are needed on how Tasers can impact the human body, and more consistency – and restraint – is necessary in police training and rules of engagement using the stun guns.

The findings of the provincial review, released last week, only reinforce our belief that government should implement a temporary moratorium on police use of Tasers. The Justice Department study found widely inconsistent rules for their use, along with uneven training programs. (The weapons can deliver thousands of volts of electricity, incapacitating a subject.)

The review found that police officers in various parts of the province are following different guidelines on the number of times a Taser should be used against an individual, whether firing a Taser at a subject requires prior approval from a supervisor and even about the types of warnings to be issued to someone who may be about to be Tasered.

In the wake of a disturbing number of deaths in Canada in recent years – as well as in other countries – after individuals were Tasered by police, a number of troubling questions remain unanswered. Despite claims by Taser proponents the weapons are safe, scientists and doctors have raised concerns about possible links between Tasers and potential heart and respiration problems, mental health and an individual’s state of exhaustion or agitation in confrontations with authorities. Certainly, too many people have ended up dying after incidents in which they were Tasered.

The public has also been concerned about what seems to be inappropriate use of Tasers in certain situations, such as when a Dartmouth teenage girl was Tasered by police officers in her own bedroom in February, 2007. In that regard, the provincial review’s finding that rules for deploying Tasers in Nova Scotia are all over the map is not reassuring. Critics are also worried Tasers are being used in Halifax at a rate far greater than in Toronto.

Public confidence in police use of Tasers has been shaken by deaths that have occurred, as well as when and how the weapons are used. Tasers should not be used until that confidence is restored.

Video shows Mounties use Taser on disabled B.C. man

March 10, 2008
The Canadian Press/CBC

A video of a disabled man being jolted by a Taser inside the RCMP detachment in Kamloops, B.C., was released Monday, weeks after the man's death in an unrelated incident.

But hours after radio station CHNL obtained the video, the man's lawyer, who released it, tried to block its broadcast by citing a recent court decision.

John Dempsey, 45, had launched a civil suit last year against the police after the Taser incident in 2004, but the suit appears to have died with him.

Dempsey suffered from torsion dystonia, a muscle and movement disorder similar to Parkinson's disease.

His lawyer, Jamie Ashby, said Dempsey was arrested Oct. 23, 2004, and charged with obstruction of justice when he tried to intervene in the arrest of a friend, whom he thought was being handled too roughly.

Both men were later acquitted of criminal charges and launched lawsuits against the RCMP alleging they had been assaulted, Ashby said.

Dempsey was shot with the Taser after refusing to walk through a doorway and had wedged his foot in the door frame.

"They're trying to push me, so I put my foot up on the wall to push back and I told them 'Don't do that. It's not right.' They grabbed me right by the shirt and threw me down on the ground," Dempsey said in an interview with radio station CHNL last year.

Time-lapse video

On the time-lapse security video, one officer is seen throwing Dempsey to the floor while the second officer uses a Taser on the handcuffed man.

Before he died, Dempsey said he didn't file a complaint at the time of the Taser incident because officers told him he would have to stay in jail and he believed he would not have access to his medications.

"I asked the watch commander to come down," Dempsey said in the radio interview.

"He came down and said if you're going to make a complaint, you're going to stay in jail overnight, and I can't stay in jail overnight because I had to get home to get my medication, otherwise, I'd shake a lot more."

The B.C. Supreme Court suit alleged Dempsey was shot twice by Const. Darwin Robbins the night of his arrest as he awaited processing at the RCMP detachment.

Experimental medical equipment
The suit alleges an experimental piece of medical equipment known as a deep brain stimulator was destroyed by the Taser.

A legal fight has developed over publication of the video, which was obtained from the RCMP by Dempsey's lawyer during the discovery portion of the lawsuit.

"What happened is I had received permission from the family to release it," Ashby said.

"That hasn't changed but there's just some recent case law that might say otherwise so now we're kind of dealing with that. It was released in error and so … it's kind of in a state of flux. I've done what I can to try and get them not to play it yet."

Graham Stark, a lawyer with the federal Justice Department, said the RCMP has not moved in court to block broadcast of the video, but when asked whether it now was in the public domain, he replied: "I wouldn't go that far."

Dempsey died last month after walking into traffic on the Coquihalla highway.

"He's passed away so the case dies with him," Ashby said, but added his client's suit is still going ahead.

New Mexico man dies

March 9, 2008

Javier Aguilar, 46, unarmed
Roswell, New Mexico

Javier Aguilar, 46, refused to go with officers from the Roswell Police Department. Police said Aguilar fought with officers after they showed up at his apartment Thursday. Interim Police Chief Scott Douglass said officers used pepper spray, batons and a Taser to place Aguilar in handcuffs. Aguilar died at a hospital emergency room 40 minutes later. Douglass said the cause of death hasn't been determined. He said officers followed the department's policies perfectly.

Police say they use Tasers on non-violent people

March 8, 2008
Chad Skelton, Vancouver Sun

I am trying to find out why there is nothing in the taser Use 2004 section about my brother or Roman Andreichikov, both of whom died that year after being tasered by VPD.

Vancouver police regularly use Tasers to subdue people who are unarmed and non-violent, according to internal reports released by the force.

On Friday, in response to a Freedom of Information request, VPD published on its website details of the about 150 times officers drew their Tasers from 2002 to early 2007.

The more than 70 pages of reports include cases where the electric shock weapon was drawn from its holster but not fired.

The reports cover cases in which the Taser was fired at a suspect from a distance and cases where it was used in "drive stun" mode -- where a shock is administered by holding the device directly against a suspect.

The reports indicate that, in most cases in which Vancouver officers fired the Taser from a distance, the person was acting violently -- from fighting with officers to threatening themselves or others with a weapon.

"[Officers] observed the male stabbing himself in the stomach with a pen," reads one report from 2006. "When [officers] challenged the suspect, he ran at them and the [Taser] was fired. The suspect immediately fell to the ground and was handcuffed."

However, in a number of cases, police used the Taser as soon as someone displayed a "fighting stance" or simply to get a non-violent suspect to do what they were told.

"Suspect fled from plainclothes members and resisted arrest when caught. Suspect was taken to the ground but refused to allow [officers] to handcuff him and held his arms underneath his body," reads one report from 2006. "Strikes and open hand techniques were attempted but the suspect was still resisting. A [Taser] drive stun was applied to the suspect's lower back and the suspect was then handcuffed."

Jason Gratl, president of the B.C. Civil Liberties Association, said he was troubled to see Vancouver police are using the Taser as a compliance tool. "The officers seem content to Taser individuals for lack of compliance with verbal commands or aggressive posturing," said Gratl. "It is dead certain from these reports that Tasers are not merely an alternative to the use of sidearms but are used in practice as a convenient tool to gain physical control over individuals."

There is debate over whether the Taser should be used to get non-violent suspects to comply with police orders. In December, Paul Kennedy, head of the RCMP's Commission for Public Complaints, published a report saying Tasers were used too often and recommended police use them only against suspects who are being "combative" or "posing a risk of death or grievous bodily harm" to themselves or others.

VPD Const. Jana McGuiness said the force believes the Taser is sometimes the safest option for controlling someone who is resisting arrest. "The problem is when you have a subject resisting to that degree, your chances of injuring yourself or that person escalates," she said. "The Taser allows [police] to gain control with the minimum amount of injury to themselves or the suspect."

According to the VPD, suicide attempts were an issue in about one in five Taser deployments and drugs or alcohol were a factor in one in three.

Halifax officer calls for custody-death database

March 7, 2008
DAVENE JEFFREY, Halifax Chronicle Herald

Canada needs a national database to track deaths that occur in custody, says a senior Halifax Regional Police officer. "I believe that this is something that this country should be tracking," said Deputy Chief Tony Burbridge.

Deputy Chief Burbridge is part of a national committee reviewing the safety of stun guns like Tasers. The committee, which is part of the Canadian Police Research Centre, studied Taser use in 2005 and deemed them safe. But the committee was asked to take a second look at the safety of stuns guns after several people died following the use of the weapons. Two people have died in Nova Scotia after being shocked with stun guns.

The deputy chief said officials are missing a vital tool for assessing the safety of any weapon or method of restraint. "The more information we have when we start using different types of tools, equipment or weapons on people, it may go a long way to identifying who are (at risk) in certain hazardous situations. Right now, I don’t think anybody really knows."

The committee, which met in early January in Victoria, will have its report ready to present at a Canadian Association of Chiefs of Police conference in August.

The committee will also look at any new medical literature that may have been published since 2005 on Taser use.

All Canadian police forces have been asked to submit frequency-of-use reports relating to stun guns. "I’ll be interested to see the data and how it compares nationally to Nova Scotia." Nova Scotia forces recently submitted their Taser-use statistics to a provincial panel that made its initial Taser report public on Wednesday. Deputy Chief Burbridge is also part of that expert panel.

Halifax Regional Police track the number of times officers unholster their Tasers and when the stun guns are fired during the course of duty. Every police force in the country should have a minimum standard of information they must report regarding the use of force, including Taser use, Deputy Chief Burbridge said.

The committee is also trying to compile a minimum standard for stun gun training across the country.

The first part of the Nova Scotia report, released Wednesday, revealed that there are many discrepancies in training among provincial police forces. The veteran officer would like to see a national weapons-evaluation centre established.

Besides the Nova Scotia review of Taser use and the Canadian Police Research Centre’s study, there are several other reviews being conducted into the death of a Polish man at the Vancouver International Airport late last year.

Robert Dziekanski’s death catapulted the stun gun controversy into the national forefront.

Halifax police forgoing Tasers for batons

March 6, 2008
CBC News

Halifax's police chief says some officers are ignoring their Tasers and reaching for their night sticks instead, leading to more violent confrontations and injuries. Police Chief Frank Beazley said officers are reluctant to use the stun guns because of the controversy swirling around the weapons.

Halifax police Chief Frank Beazley says the notoriety of Tasers has officers reaching for other tools instead. "It's having a negative impact on officers and the public who are both being injured because we're resorting to other tools," he said, "and when you resort to tools like pepper spray or batons, injuries are going to increase."

The hand-held stun guns deliver a jolt of electricity to the person targeted. Recent Taser-related deaths have re-ignited a national debate about the use of the weapons in Canada. In Nova Scotia, the use of the devices has gone up 80 per cent since 2005, from 101 to 182 times in 2007, according to a provincial report released Wednesday.

The review of stun guns found the Halifax Regional Police, which first acquired nine Tasers in 2002, reported a big drop in injuries in interactions between police and citizens in 2006, after more stun guns were acquired and more officers were trained to use them.

The review also said injury rates went up from 2006 to 2007, though no numbers were given. The authors speculated this was the result of officers being more reluctant to use Tasers.

The review also found that standards for use and training vary among police and correctional agencies. For example, municipal police and officers with sheriff services are required to have eight hours of training to use stun guns, while RCMP and correctional officers need 16.

Beazley said officers under his command are well-trained on how to use the devices. He questions one of the report's suggestions to look at a standard set of rules on Taser use, saying he's not sure that will help. Ian Atkins, the assistant commissioner of the RCMP in Nova Scotia, isn't sold either. "Whether there's actually written policies that say, 'I can use it here and I can't there,' policing is really discretionary," Atkins said. Atkins and six others have been named to an advisory panel that will review the report and make recommendations to Justice Minister Cecil Clarke. Clarke ordered the review of Taser use in Nova Scotia after the death of a Dartmouth man last November.

Howard Hyde, 45, who suffered from paranoid schizophrenia, was shocked with a stun gun by police. He died 30 hours later in jail, immediately following a struggle with guards. Officials would not link his death to the use of the weapon. A month earlier, Robert Dziekanski, a 40-year-old Polish man, died at Vancouver International Airport shortly after being stunned with a Taser by police. Quilem Registre, 38, of Montreal, was shocked and died later in hospital.

Complaint filed after Montreal taser death

March 6, 2008
Irwin Block, The Montreal Gazette

The father of Quilem Registre, who died after Montreal police use a Taser gun to subdue him, has filed an excessive-force complaint with the Police Ethics Commission. The complaint, sent Tuesday by Augustin Registre, also alleges that officers were negligent and abused their powers when they tasered Quilem Registre Oct. 14. It also alleges the use of the Taser by police who were trying to arrest him caused his death four days later.

Police have said Registre was suspected of drunk driving when he was stopped. He was pronounced dead four days later at Sacré Coeur Hospital after suffering multiple heart attacks. The Black Coalition of Quebec, which supported the complaint, is part of a group that is calling for a moratorium on Taser use until an independent study can look at the medical and psychological consequences of being hit by 50,000 volts of electricity.

Taser seller sues Amnesty International

March 5, 2008
ABC News

The French reseller of Taser stun guns, dogged by scandals over Taser-linked deaths in Canada and the United States, has taken Amnesty International to court for harming its reputation.

In May last year, the French branch of Amnesty issued a statement claiming that a Taser gun had been put up for auction on eBay and that 220 US deaths had been linked to the Taser gun.

Following a complaint from SMP Technologies, which has imported and supplied Taser guns to the French army, police and gendarmerie since 2004, Amnesty later said it had sent out the statement by mistake.

Upon investigation, the rights group said the object for sale on eBay had turned out to be a publicity gadget, not a Taser gun.

According to SMP's lawyer, Catherine Hennequin, Amnesty agreed to publish a clarification but has yet to do so eight months on, and has continued to claim that deaths were linked to the weapon's use.

Amnesty's lawyer Simon Foreman says his client was mistaken about the eBay sale, but not about the "dangerous nature" of the Taser itself, accusing SMP of taking legal action "with the sole aim of intimidation".

Amnesty International says around 300 people have died around the world after being zapped with a Taser and has called for the weapon's use to be suspended while a full investigation is conducted.

The Taser packs a 50,000-volt punch that can paralyse targets from up to 10 metres away. The United Nations Committee against Torture ruled in November that its use constitutes "a form of torture" which can result in death.

The UN criticism followed a string of deaths in the United States and Canada that occurred after police used Tasers to subdue people, including a Polish man who was filmed dying after being stunned at Vancouver airport.

A verdict in the French trial is due on March 11.

EDITORIAL: Their reckless love of tasers

March 3, 2008
GLOBE AND MAIL

The RCMP love their tasers. They think the people they shoot should love it, too, or so they suggested when their officers appeared before a government committee last week. They even referred to the person whom they blast with the taser's 50,000 volts of electricity as "the client." Good afternoon, sir, we'll be right with you. Will that be one shock or two?

The committee session was revealing. Nothing has shaken the police's faith in the taser. Not the needless death of 40-year-old Robert Dziekanski, a distressed but apparently harmless Polish immigrant, at the Vancouver International Airport in October. Not the cynicism with which the members of the public greeted the RCMP in parts of British Columbia after the horrifying videotape was released of the Mounties’ taser assault on Mr. Dziekanski. And not the criticisms of the taser from an independent RCMP watchdog.

Sergeant Richard Groulx, who trains officers in taser use, told the committee that to improve his credibility as a witness in court he let himself be tasered for 15 seconds rather than the usual five-second blast. It hardly bothered him. “I felt like I had just finished a workout at the gym. I was tired. … I could get up and fight if I wanted to.”

Did the committee challenge him? Did it point out that police officers who had been tasered as part of their training told an independent investigation that it was the worst pain they had ever experienced, akin to absorbing “100 punches in the face”? Did anyone think to point out that the United Nations Committee against Torture likened the pain caused by tasers to torture?

No, the committee members sat on their hands.

And did anyone issue even a mild snort of disgust when that same Sgt. Groulx used the term “client” (“the reaction we get from the client … is they have that jerking motion”)? Did anyone ask in what sense the late Mr. Dziekanski was a client of the four RCMP officers who within 25 seconds of approaching him tasered him twice? No, they did not.

And why do the RCMP love the potentially lethal taser, a love shared by other police forces in this country? Because, explained Assistant Commissioner Darrell LaFosse, it “brought a whole new outcome to some of the ugliest situations police are called to handle. Where once they faced a real possibility of bruises and broken bones, now a member could deploy the device at a few metres distant, stop the suspect in their tracks, and place handcuffs on them with far fewer injuries to all sides. … This is an extremely valuable policing tool with huge benefits to police and perpetrators alike.” Pepper spray, the baton and physical combat all have their flaws, he said. With little muss and little fuss, the police can fire their taser.

Liberal MP Ujjal Dosajnh ventured to ask a critical question. When he was British Columbia’s attorney-general in the 1990s, the taser was first used in a pilot project in Victoria. His impression was that it was “a second-last resort,” taking the place of a gun. Sgt. Groulx told him that the RCMP have never used it as a replacement for lethal force.

This is astonishing. A top lawmaker (later attorney-general of Canada) misunderstood the purpose of a powerful weapon in the police arsenal. That misconception is widely shared. And that is why tasers continue to have some public support. Some people still believe they are used as an alternative to guns.

In fact, tasers may be used on anyone who appears combative. They are seen as better than a baton, physical strength or pepper spray. Sometimes, as in the Dziekanski case, they are used instead of old-fashioned, low-tech talking and common sense. The “client” list is ever-expanding. The RCMP used their tasers on more than 1,000 “clients” last year, a doubling of the clientele in just two years.

The RCMP’s love for their tasers is shameless and blind. They will not put strict limits on their treasured stun guns unless ordered to. They should be.

Use of stun guns in Nova Scotia reflects patchwork of standards across Canada

March 6, 2008
The Canadian Press

Nova Scotia Conducted Energy Device (CED) Review

HALIFAX — The latest in a series of provincial reviews of police use of stun guns shows police departments in Nova Scotia receive "significantly" differing levels of training and follow a patchwork of rules on when to fire the weapons.

Civil liberties groups say the review adds to evidence that Canada has inconsistent training and rules for use of the 50,000-volt guns. "There's really no standard with respect to police forces in Canada - forces are all over the map," Murray Mollard, executive director of the B.C. Civil Liberties Association, said in an interview.

"It means different forces deploy in different ways, and we've seen real outcomes in terms of damage on the streets of Canada."

The Nova Scotia probe says RCMP and Correctional Services officers receive a 16-hour course, while municipal police and sheriffs in Nova Scotia are trained for eight hours.

The provincial Justice Department review also found that police use of the devices has shot up 80 per cent between 2005 and 2007 - to 182 incidents last year as police departments acquired the weapons.

The review also found big differences in procedures, including:

-Some police forces require notification of a supervisor before Tasers are fired, while others require supervisors to be informed later.

-The RCMP manual is the only one in the province that calls for special procedures when confronting a person is in excited delirium, a state of heart-pounding agitation.

-Some forces caution against using the device more than once, while others contain no reference to the topic.

Cecil Clarke, Nova Scotia's justice minister, called for the review in November following the death of a 45-year-old Dartmouth man about 30 hours after he was Tasered by Halifax police.

Howard Hyde, a man who suffered from paranoid schizophrenia, was arrested for spousal abuse. He had struggled with jail guards moments before his death in a Dartmouth jail. The Nova Scotia review was one of several across Canada ordered following the death of Robert Dziekanski, a Polish immigrant who died after he was Tasered by RCMP officers at Vancouver International Airport on Oct. 14. Reviews were also ordered in British Columbia, New Brunswick, Newfoundland and Labrador, and nationally by the Canadian Association of Chiefs of Police and the Canadian Police Research Centre.

In December, the RCMP watchdog said "usage creep" of Tasers by police forces is a "major concern." It argued the weapons were often being used to subdue people who "do not pose a threat of grievous bodily harm or death." The commission recommended revamped Taser training and stricter reporting requirements.

There are now more than 6,500 Tasers in use across Canada by police and correctional officers. Since 2003, about 20 Canadians have died following stun gun incidents.

The maker of the most popular brand of stun gun, Taser International, has long insisted Tasers are safe and cannot be blamed for any deaths.

In December, the Quebec government ordering police in the province to limit their use of Taser guns.

After a review in New Brunswick, officers there were told they will have to be certified in the use of Tasers once a year, up from once every three years.

Michel Samson, Nova Scotia's Liberal justice critic, said the evidence suggests the province should impose a moratorium on stun guns until the differences in procedures and training are resolved. "Until we have a universal policy in place, these Tasers shouldn't be used," he said.

John Tackaberry, a spokesman for Amnesty International, also said a moratorium would be the best approach until "the highest possible standards are applied."

Warren Allmand, a former federal solicitor general and past president of the International Centre for Human Rights, has said a full, independent medical and technical review of all stun guns is needed.

Nova Scotia's justice minister said he won't be rushed into any decisions and he doesn't expect to ban the use of Tasers. "When we go forward we'll be looking for the most effective way of using a Taser-type device," Clarke said. A panel of external experts, including representatives from law enforcement and scientific communities, will use the review to provide recommendations to the minister.

Meanwhile, Halifax Police Chief Frank Beazley defended his department's training program as "quite adequate," even if it is shorter than the RCMP's program. "What you have to look at is what the RCMP put in their training package," he said. "They train on Taser and then they take the second day and they do first aid, they do pepper spray use . . . Their two days is not just Taser." He also suggested identical procedures may not be practical for police officers facing violent confrontations. "At the end of the day, if somebody else's life is at risk, or your life is at risk, you have to make the decision. That decision will vary in each situation."

Taser is the trade name for what police usually call a "conductive energy device." The weapon fires a probe that delivers an electrical shock for five seconds, stunning the target's neuro-muscular system and usually causing him to fall from severe pain and muscle contractions.

Nova Scotia police say taser increase reflects rise in violent incidents

March 5, 2008
Charles Mandel, Canwest News Service

HALIFAX - Police in Nova Scotia are quicker than ever to use Tasers, says a new report released by the provincial Justice Department on Wednesday. But the RCMP says the frequency of use is directly related to an increase in the number of violent incidents that police are responding to, and that the weapon is being used appropriately.

The report found Taser use in Nova Scotia has increased substantially, but standards around the weapon's use and training with it vary widely across provincial police forces.

The application of the weapon rose over the past three years, to 182 times in 2007 from 101 times in 2005, an 80 per cent increase. The hike could be attributed to an overall increase in the number of conducted energy weapons currently in use, the report said.

Although the 42-page report endorsed Tasers as a "promising 'less-lethal' weapon" that allows police to subdue violent attackers, it said several aspects of the weapon need further review. The report noted that the Taser's advantages include its rapid impact, use from a distance, potential for reducing injuries to officers, subjects and bystanders and "its reportedly short duration of physiological impact."

The reported also noted: "But these are the very characteristics that may render the CED (Conducted Energy Device) open to misuse or even abuse, particularly over-reliance on the weapon to subdue subjects when less intrusive means could be effective."

Among the report's recommendations are that the adequacy of current training programs be examined; whether operational procedures clearly outlining Taser use should exist and to what extent the government should be involved in establishing such procedures; and whether current accountability measures are adequate.

Police officials defended the use of the conducted energy weapon. "We feel it's being used when it should be used and at the appropriate time," said Halifax RCMP spokesman Sgt. Mark Gallagher. Gallagher said an increase in the number of violent incidents explains the rise in Taser use by the RCMP provincially - of 55 incidents in 2007, 25 involved armed individuals. Twenty-two of the Taser applications "defused" the situation, Gallagher said. "That could have gone another way had we not had the Taser, so there's certainly a place and a time for it."

Halifax police Chief Frank Beazley said the report's findings that Halifax Regional Police receive less training than provincial RCMP on the use of the device is a misunderstanding. He said his officers receive eight hours of training, while the RCMP's 16 hours of training include other aspects such as the use of pepper spray and first aid. "They do not train for two days just on the Taser."

In Nova Scotia, two people have died after being hit with Taser fire. In 2005, Paul Saulnier died shortly after being stunned, clubbed and pepper-sprayed by police. But it was the death of the second man, 45-year-old Howard Hyde, that prompted Nova Scotia to launch the review into Taser use. Hyde died in a Dartmouth prison last November more than a day after he was shocked with a Taser.

Both men suffered from schizophrenia, and Stephen Ayer of the Nova Scotia Schizophrenia Society criticized the Taser report as ignoring mental health issues.

The Nova Scotia Taser review is one of at least seven probes in Canada over the use of the weapon. Several of the probes are into the death of Polish immigrant Robert Dziekanski, who died after RCMP officers first applied a Taser and then subdued him in December at Vancouver International Airport.

Nova Scotia Justice Minister Cecil Clarke said in the vast majority of cases the use of the Taser has been "a very good thing," with some "unfortunate" exceptions. But Liberal justice critic Michel Samson said the report shows "unacceptable" inconsistencies in the training police receive in Taser use.

Toronto taser news - a delay or a victory?

From the March 6, 2008 edition of the Toronto Police Accountability bulletin:

Toronto Police Accountability Coalition had a successful public meeting on tasers on February 6. The speakers Andy Buxton, chair, Amnesty International Toronto organization; Naomi Klein, author of `The Shock Doctrine, The Rise of Disaster Capitalism'' and David Reville, advocate and builder of the psychiatric survivor movement.

In spite of a major snow storm sweeping into the city three or four hours before the meeting, about 70 people attended, and the discussion was lively. We agreed that when the next opportunity next came at City Hall, many of us would attend to stress the need to not allow more general police use of tasers. A video of the forum can be found here.

The next occasion arose very quickly: the chief put the matter of buying tasers for all front line officers on the agenda of the Toronto Police Services Board meeting for February 21. His report listed the taser's advantages - fewer officer shootings; fewer and less severe injuries all round; fewer public complaints; less police liability; and improved officer morale. It also claimed the taser causes no permanent harm or serious side-effects, although after the October death of Robert Dzerkanski in the Vancouver airport - he was repeatedly tasered - there's serious doubt about that.

Eight individuals quickly notified the Board they wished to speak in opposition to the matter. Then the chief quietly removed the report from the agenda. Mark Pugash, director of communications for the police, says it was a simple matter of the chief being out of the city at the time of the meeting, but apparently there is no date for which the matter has been rescheduled.

Will the matter resurface? The Board may be badly split on the issue - Board chair Alok Mukherjee has openly expressed his concerns about tasers. The Minister of Community Safety may have privately said he is not eager to approve the regulation needed to expand taser use in Ontario. Perhaps finding the necessary $8.6 million is a problem. We know there is strong and vocal public opposition.

For now, it means the Board is not going ahead with supplying tasers to all front line officers. Perhaps there should be a moratorium on taser use in Ontario; perhaps tasers should be restricted to the specially trained officers on the Emergency Task - those seem to be two strong options.

Nova Scotia report calls for clearer taser standards

March 5, 2008
By THE CANADIAN PRESS

HALIFAX — A review into police use of Tasers in Nova Scotia says the amount of officer training “differs significantly” between police departments and suggests the province establish standard qualifications for those using the devices.

The report released today also says that use of the devices has shot up 80% in the past three years — from 101 times to 182 incidents last year.

During that time, police say there were seven injuries and one death.

Provincial Justice Minister Cecil Clarke called for the review in November following the death of a 45-year-old Dartmouth man about 30 hours after he was Tasered by Halifax police.

Howard Hyde, a man who suffered from paranoid schizophrenia, was arrested for spousal abuse. He had struggled with jail guards moments before his death in a Dartmouth jail.

Amnesty 'ruining' taser's reputation

March 5, 2008
Agence France-Presse

THE French reseller of Taser stun guns, dogged by scandals over Taser-linked deaths, has taken Amnesty International to court for harming its reputation.

In May 2007, the French branch of Amnesty issued a statement claiming 220 US deaths had been linked to a Taser gun put up for auction on eBay. After a complaint from SMP Technologies, which has supplied Taser guns to the French army, police and gendarmerie since 2004, Amnesty said it had sent out the statement by mistake. An investigation showed the eBay item was a publicity gadget, not a Taser gun, Amnesty said.

SMP's lawyer, Catherine Hennequin, said Amnesty agreed to publish a clarification but has yet to do so eight months on, and has continued to claim deaths were linked to the weapon's use.

Amnesty's lawyer Simon Foreman said his client was mistaken about the eBay sale, but not about the "dangerous nature" of the Taser itself. He accused SMP of taking legal action "with the sole aim of intimidation".

Amnesty International says 300 people have died around the world after being zapped with a Taser and has called for the weapon's use to be suspended pending a full investigation.

The Taser packs a 50,000-volt punch that can paralyse targets from up to 10m away. The UN Committee against Torture ruled in November that its use constitutes "a form of torture" which can result in death.

The UN criticism followed a string of deaths in the US and Canada after police used Tasers to subdue people, including a Polish man who was filmed dying after being stunned at Vancouver airport.

A verdict in the French trial is due on March 11.

New York man dies after being tasered by cops

Christopher Jackson - 37 - Clay, NY

When Jackson was handcuffed after being stunned by the Taser, police noticed he was not responding to their questions, and requested medical assistance. Paramedics began assessing Jackson, who went into cardiac arrest and was given cardio-pulmonary resuscitation en route to St. Joseph's Hospital, where he was pronounced dead.

Tasers only work HALF the time court told after police fail to stun crazed knifeman

March 4, 2008

High voltage Taser stun guns used by British police only work about HALF the time, a court was told today. The alleged unreliability of the 50,000 volt devices emerged during a case against a crazed man jailed for threatening police with a Rambo-style knife.

Three constables had to retreat from Darryl Van Der Ven's home after they fired a taser at him but it failed to work, it was claimed.

"Apparently Tasers only work about fifty percent of the time they are used and this one didn't work," explained prosector Julian Kesner to Gloucester crown court. "In this case the wires were still coiled up - in the words of the officer - and he and his colleagues back off immediately through the door of the defendant's flat."

Had the Taser operated it would have immobilised blood soaked Van Der Ven - who had earlier smashed a wine bottle over his own head and then cut his throat with it. Instead, he was able to lock himself in his flat after the officers had retreated and there followed a five hour seige with armed police surrounding the property.

After hearing the claim, judge Martin Picton told Mr Kesner: "I am sure the manufacturers of taser guns will thank you for advertising that aspect of their operation!" The barrister replied: "That is the reality of what the officers have to deal with."

Van Der Ven, of Cirencester, Gloucestershire, who has a history of violence following a motorcycle crash whch left him brain-damaged, was jailed for five years after he admitted affray and two offences of making death threats to police.

Mr Kesner said the incident began when Van Der Ven became upset at his ex girlfriend's home in Cirencester, smashing a bottle over his head, cutting his throat with it, and then leaving a trail of blood as he returned to his home. Officers followed the bloody trail to his flat and broke the door down to get in because they feared his life was in danger from his self inflicted injuries. However, in the darkened hallway Van Der Ven appeared and advanced towards the officers brandishing a "Rambo style knife" with a inch double sided blade, Mr Kesner said.

Worried officers were so fearful of the tall, powerfully-built Van Der Ven that they fired the taser stun gun at him - but it failed to work. They then retreated from his home and were so worried he would come after them that they barricaded his front door with wheelie bins to stop him getting out. Armed officers arrived on the scene and there was then a five hour stand off before Van Der Ven finally surrendered, said Mr Kesner.

Rest of the story

Taser International Director Bruce R. Culver exercises options for 25,000 shares

March 4, 2008
Associated Press

NEW YORK - A director of Taser International Inc. exercised options for 25,000 shares of common stock, according to a Securities and Exchange Commission filing Monday. In a Form 4 filed with the SEC, Bruce R. Culver reported he exercised options for 38 cents each and then sold them the same day for $11.72 each. Insiders file Form 4s with the SEC to report transactions in their companies' shares. Open market purchases and sales must be reported within two business days of the transaction. Taser International is based in Scottsdale, Arizona.

The taser will be a permanent part of police arsenal

March 4, 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.

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 say 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."

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 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 current 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?

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.

Chief says force will continue to use taser

March 3, 2008
Winnipeg Free Press

Winnipeg Police Service chief Keith McCaskill told the city's protection and community services oversight committee this morning that members on the force receive adequate use-of-force training as it relates to the devices, and that they will continue to use them in the course of daily policing.

"They're the right thing for Winnipeg right now -- they're not used indiscriminately," McCaskill said.

The city had asked for police to review the use of the stun guns in the wake of several national incidents where the use of Tasers was called into question after the recent death of a Polish man in Vancouver that sparked national outrage.

On Oct. 14, Robert Dziekanski died after being repeatedly Tasered and pinned to the floor by RCMP officers at the Vancouver airport.

McCaskill said a Taser has never been used by a member of the Winnipeg police who did not have the proper training, and said the department's policy regarding their responsible use is clear.

"As it stands right now, we're happy with the weapon," McCaskill said.

Minutes: update on the Winnipeg Police Service policy for use of electronic control devices

Minutes - Standing Policy Committee on Protection and Community Services - March 3, 2008

REPORTS

Minute No. 31 Update on the Winnipeg Police Service Policy for use of Electronic Control Devices

File GF-2

STANDING COMMITTEE DECISION:

The Standing Policy Committee on Protection and Community Services concurred in the
recommendation of the Winnipeg Public Service and received the report dated February 15,
2008, as information.

Minutes - Standing Policy Committee on Protection and Community Services - March 3, 2008

DECISION MAKING HISTORY:

Moved by Councillor Gerbasi,

That the recommendation of the Winnipeg Public Service be concurred in.

Carried

STANDING COMMITTEE RECOMMENDATION:

On December 3, 2007, the Standing Policy Committee on Protection and Community Services
recommended that the Winnipeg Police Service report back within ninety (90) days on the
following, namely:

1. The current policy on Use of Force as it pertains to the utilization of conducted-energy
weapons (Tasers) by the Winnipeg Police Service;

2. The frequency of use of conducted-energy weapons in the City of Winnipeg, the number
of conducted-energy weapons deployed to members of the Winnipeg Police Service, the
number of complaints received when the weapons were utilized and a comparison between the City of Winnipeg and other jurisdictions in Canada.

RE: Update on the Winnipeg Police Service
policy for use of electronic control devices

FOR SUBMISSION TO: Standing Policy Committee on Protection
and Community Services

ORIGINAL REPORT SIGNED BY: Keith McCaskill, Chief of Police

REPORT DATE: February 15, 2008

RECOMMENDATION: That this report be received as information.

Report Summary

Key Issues:

• The electronic control device is a non-lethal control option that can be used in certain situations such as the arrest of actively aggressive persons, as well as other situations; for example, intervention with suicidal individuals. The device, however, is not intended to be a substitute for deadly force, nor is it considered a “magic bullet” for life-threatening situations.

• An in-depth research study was commissioned in 2005 by the Canadian Association of
Chiefs of Police and Canadian Police Research Centre. The study concluded that there
was no conclusive evidence to suggest the Taser is more dangerous or injury-producing than other intermediate uses of force when used properly on individuals and when those subjects do not have serious, underlying medical conditions.

• The Service has a comprehensive policy on the use of electronic control devices. This policy stipulates the circumstances in which the device may be used, on the principle that use of force must be reasonable and must not be punitive. Furthermore, the policy includes a protocol for immediate medical attention when warranted based on observance of physical or behavioural cues.

• When considering all variables, the frequency of deployment for electronic control devices in Winnipeg does not appear to be out of line with the experiences of other Canadian jurisdictions.

Implications of the Recommendation(s):

General Implications
(X) None
( ) For the organization overall and/or for other departments
( ) For the community and/or organizations external to the City
( ) Involves a multi-year contract
Comment(s):

Policy Implications
(X) No
( ) Yes
Comment(s):

Regulatory Implications
(X) None
( ) Eliminates or reduces regulatory impact
( ) Proposes regulatory impact
Comment(s):

Environmental Implications
(X) No
( ) Yes
Comment(s):

Human Resources Implications
(X) No
( ) Yes
Comment(s):

Financial Implications
(X) Within approved current and/or capital budget
( ) Current and/or capital budget adjustment required
Comment(s): This report is for information only. There are no financial implications related to the administrative recommendation.

Report

REASON FOR THE REPORT:

At its meeting on December 3, 2007, the Standing Policy Committee on Protection and
Community Services recommended that the Winnipeg Police Service report back within 90
days, on the following:

1. The current policy on Use of Force as it pertains to the utilization of conducted-energy weapons (Tasers) by the Winnipeg Police Service;

2. The frequency of use of conducted-energy weapons in the City of Winnipeg, the number of conducted-energy weapons deployed to members of the Winnipeg Police Service, the number of complaints received when the weapons were utilized and a comparison between the City of Winnipeg and other jurisdictions in Canada.

HISTORY:

In 1997, the WPS began initial research and evaluation of electronic control devices, also known as stun guns or conducted energy weapons, and commonly referred to with the brand name Taser. An early model, the Tasertron Police Taser by Tasertron was found to be ineffective and not appropriate for the needs of the WPS. By 2000, further developments in non-lethal technology led to the development the Advanced Taser M26 manufactured by Taser International.

In October 2002, WPS canvassed other Canadian police agencies to collect comparative
information on the issuance of electronic control devices. As of November 2003, there were 3,086 North American law enforcement agencies specifically using the Taser model and of these, 62 were Canadian law enforcement agencies.

In November 2003, the WPS Executive approved, in principle, a recommendation to adopt the electronic control device as a non-lethal control option in the WPS Use of Force continuum.

At its meeting on April 5, 2004, the Standing Policy Committee on Protection and Community Services received, as information, a report titled, “Enhancement to the Winnipeg Police Service Use of Force Policy.”

The report had outlined the history of the Winnipeg Police Service’s (WPS) research into and development of an internal policy enhancement to adopt electronic control devices (also known as stun guns or conducted energy weapons) within the WPS Use of Force policy.

The decision to adopt the electronic control device considered the following factors:

• The advanced model conducted-energy weapon offered superior tactical and safety
benefits over the Service’s pre-existing intermediate weapons (baton and pepper spray).
• It offered a non-lethal control option that could be used in certain situations such as the arrest of actively aggressive persons, as well as other situations; for example, intervention with suicidal individuals.
• The device however, was not intended to be a substitute for deadly force, nor was it considered a “magic bullet” for life-threatening situations.
• It was also seen to be of value against suicidal individuals who displayed the intent to harm themselves but did not pose an immediate threat to others.
• The weapon could be used in three ways:
1. Coercion: simply displaying the weapon or aiming its red laser light at a suspect as a means to obtain compliance
2. Probe Deployment: two probes discharged up to 25 feet away from the subject,
resulting in total body incapacitation
3. Drive stun: probe cartridge is removed and device is placed upon a specific pressure point, using pain compliance instead of total body incapacitation.
• Agencies that adopted electronic control devices had documented significant decreases in both police officer and subject injuries.
• The Taser includes a feature to capture the time and date of each time of firing, so that data can later be downloaded and stored in a computer to ensure proper tracking of and accountability for usage. In addition, confetti-like tags are ejected from the fired cartridge, and each tag contains a serial number matching it to the cartridge from which it was fired. This allows investigators to determine which officers’ device was fired at a scene where more than one device may have been deployed. The tracking technology is valuable in protecting members from unfounded allegations of misuse or excessive force, and can reduce the potential of inappropriate or indiscriminate deployments.

As anticipated at the time of the March 2004 report submitted by WPS, the adoption of electronic control devices was recommended in the January 2005 report of the provincial Inquest into the November 2001 death of Donald Miles, who was fatally shot while making a knife attack against a police officer.

Following the development of a comprehensive policy on use of electronic control devices, the WPS began to acquire the Taser X26 model in late 2004 as financial resources permitted. The units were not issued to field operations until September 2006, when training and certification was completed for all operational members.

DISCUSSION:

WPS Operational Policy / Training / Accountability Measures

The Taser electronic control device is an intermediate weapon in the Winnipeg Police Service (WPS) use-of-force continuum. It is not a substitute for lethal force, therefore we cannot articulate an absolute relationship between Taser deployment and the number of times an officer may draw or discharge his/her firearm.

WPS uses the Taser X26 model, and has 150 of the devices in operations. The X26 model is saller and lighter than the earlier-introduced model M26. Both models emit a 50,000 volt charge, however the X26 has a more advanced design than the M26, incorporating efficiencies such as longer battery life. Many law enforcement agencies use either the X26 or M26 model, or a combination of both models, depending on when they began acquiring the devices. (As further background, the M26 was the current model on the market at the time when our use-offorce policy was being expanded to include electronic control devices; the X26 was introduced
prior to our acquisition.)

Typically, and more recently, controversy about the use of Tasers has focused on misuse, or a lack of accountability for use of the device. To ensure accountability and, in turn, to maintain public confidence, the Winnipeg Police Service has a comprehensive policy on Taser use, and trains to that policy. This policy, reported to the Standing Policy Committee on Protection and Community Services in April 2004, is part of our overall directives on use-of-force. These directives dictate the levels of force which can reasonably be used to neutralize armed or otherwise threatening individuals from harming themselves, other citizens, or police.

The Service’s policy stipulates the circumstances in which the device may be used, on the principle that use of force must be reasonable and must not be punitive. The device would be used in situations, for example, where the subject is far enough away that the weapon he or she was brandishing did not pose imminent danger. In such a case, however, the use of the firearm may still be the only viable option to stop the threat of harm or further harm to a victim if the situation changes quickly and becomes a matter of imminent danger.

Other stipulations on use of the device include the collecting of evidence (e.g., photographs in cases of drive stun use, or in cases of where probe deployment causes more than the typical bee sting-like mark), and emergency medical protocols as deemed necessary after the use of the device, which can be particularly important in the case of a subject who is under the influence of cocaine.

Excerpts from the WPS operational policy topic, Electronic Control Devices (Tasers) follow:

Policy

Policy Statement
Only the level of force that reasonably appears necessary to control, or otherwise subdue, violent or potentially violent individuals shall be used. Electronic Control Devices (i.e. Taser) may be used by authorized and trained police members in accordance with the use of force policy and additional established guidelines.

Prohibited Use

Tasers are prohibited from being used:

1) In a punitive manner.

2) On a handcuffed/secured suspect, absent of overtly assaultive behaviour that cannot be reasonably dealt with in any other less intrusive fashion.

3) On a suspect who does not demonstrate their obvious intention to use violence or force against the police member, another person or themselves.

4) On a suspect who does not demonstrate their obvious intention of fleeing to resist/avoid detention or arrest.

5) In any environment where a police member knows a potentially flammable, volatile, or explosive material is present.

6) In any environment where the suspect’s fall could reasonably result in death, or grievous bodily harm.

Criteria for Taser Use

1) Unless exigent circumstances exist, not use a Taser against:
a) Visibly pregnant women.
b) Elderly persons.
c) Young children.
d) Visibly frail persons.
e) Suspects in physical control of a vehicle in motion, including cars, trucks, motorcycles, ATVs, bicycles or scooters.

2) If necessary, use a Taser to protect against aggressive animals.

The policy also includes operational/tactical direction on such topics as:

.. Storage
• Submitting a request for a Taser unit
• Training and inspection, training and maintenance
.. Transport
• Procedures on preparation for deployment, deployment, and after deployment
• Non use-of-force discharge
.. Record keeping

Training

All police members have been trained on the use of the device, and will re-certify on the device as part of their mandatory, annual use-of-force training and certification. Officers are trained to aim probe deployment at the body’s centre mass; this heightens the accuracy of use and lowers the possibility of the probes contacting a subject’s eyes, face, groin, or other vulnerable/high risk areas. The Police Service is not, however, in a position to give a detailed description of our
training as that would divulge tactical matters the Service doesn’t make public, to maintain operational advantage.

Accountability Measures

Use of the Taser is tracked by the device itself, and this information is downloaded for analysis and evidentiary purposes. The use of the Taser is also documented in reports submitted by officers; this “use of force report” is mandatory in all instances where officers use force in the effecting of arrests/other similar duties. Each such report is reviewed by the members’ supervisor, divisional commander and, ultimately, subject experts in our Officer Safety Section.

Any reported complaint that indicates a deviation from our policy is investigated. To date, no allegations to the Winnipeg Police Service Professional Standards Unit (PSU) have been proven regarding Taser misuse. At the time of writing, PSU had one investigation regarding an allegation of improper Taser use.

The other venue for registering complaints against police is the Province’s Law Enforcement Review Agency (LERA). In 2006 there were no complaints made about WPS Taser use. In 2007, there were nine complaints.

For context, LERA’s 2006 annual report states there were 244 new complaints in 2006
regarding Manitoba police agencies (excluding the RCMP, which is governed under federal statute). Of these, 207 were against WPS members, a decrease from 223 in 2005. The proportion of total complaints in 2006 is consistent with the percentage of the population policed by WPS.

WPS deployed Tasers 173 times in 2007. The class of use is broken down as follows:

• Used as a coercion device (not actually fired; simply displayed or aimed) 70
.. Probe deployment 55
• Used in drive stun mode _48
Total: 173

For context, this information is compared with the following Canadian jurisdictions:

Police Agency 1,2
PopulationPoliced
Number
of Police
Officers
Tasers
Issued 3
Number of Deployments
Winnipeg 700,000 1,250 100
2006 (Sept.-Dec.) - 71 uses
2007 - 173 uses
Edmonton 1,000,000 1,300 235
2004 - 364 uses
2005 - 385 uses
2006 - 457 uses
2007 (Jan.-Sept.) - 250 uses
RCMP “D” Division 400,000 1,025 202
2005 (Mar.-Dec.) - 71 uses
2006 - 133 uses
2007 - 117 uses
Peel Regional 1,000,000 1,500 47
2005 (July-Dec.) - 44 uses
2006 - 46 uses

Notes:

1. External agencies’ information, as obtained early in January 2008.
2. Data on complaints received by the agencies was not available.
3. An additional 50 Tasers were placed in service by WPS in 2008.

There are no reports of death or significant injuries resulting from Taser deployment by WPS officers. Minor injuries are fairly routine from probe deployment and appear similar to a bee sting; in drive stun, marks may result, resembling mild burns. However, it is noteworthy that, other than the possibility of such marks, there are no lingering effects after the device is used. This is unlike pepper spray, which causes pain for a period of about an hour after use and necessitates decontamination of the subject, or use of the baton, which can result in bruising to
body tissues or fractures to bones.

Officers are trained to recognize behavioural or physical cues that may indicate a person is suffering a medical emergency after the use of the Taser. WPS policy includes a protocol for immediate medical attention in such cases. As mentioned previously, this is most important in cases where the subject is intoxicated through use of cocaine, and may be suffering from what is known as excited delirium. This is a very dangerous medical condition which can result in heart attack, and many of the Taser-related deaths that have occurred throughout North America have been attributed to excited delirium.

The medical protocol dictated in our policy goes to the extent of detailing how probes are to be removed if they pierce a subject’s clothing and attach to the skin. For example, if embedded in low-risk areas (i.e. torso), the probes may be removed at the scene by paramedics. If the probes should strike a high-risk area (i.e. face, groin) they must be removed in hospital.

Recommendations of Donald Miles Inquest Report

It is also noteworthy that, in the January 2005 report of Provincial Judge Wesley H. Swail, with respect to the provincial Inquest into the November 2001 fatal police shooting death of Donald Miles, the following recommendations were made:

“On the basis of the evidence heard at this Inquest from experts on police
use of force, it is recommended:

1. That the Winnipeg Police Service deploy taser guns in a manner assuring that all general patrol police cruisers are equipped with them.

2. That prior to such deployment, the Winnipeg Police Service train all members in the use of taser guns as an intermediate force weapon to be used appropriately only in accordance with the Winnipeg Police Service Use of Force Continuum.

3. That the Winnipeg Police Service carefully monitor the use by its members of taser guns, after deployment of them as recommended above, to determine that they can be used safely by members of the Winnipeg Police Service; and to determine whether or not the taser’s present status on the Winnipeg Police Service Use of Force Continuum as an “intermediate” weapon should be changed.”

Conclusion: Ongoing Monitoring and Review of Internal and External Environment

The WPS Officer Safety Section continues to monitor reports and studies on the safety of electronic control devices. To date, and as acknowledged by the Canadian Association of Chiefs of Police and Canadian Police Research Centre in a 2005 study, there is no conclusive evidence to suggest the Taser is more dangerous or injury-producing than other uses of force (pepper spray, baton) when used properly on individuals and when those subjects do not have serious, underlying medical conditions including cocaine-induced excited delirium. To maintain its due diligence in the matter, CACP recently announced the commissioning of further work to
update the 2005 report.

In January, 2008, the WPS Use of Force Coordinator reviewed the Interim Report on the Royal Canadian Mounted Police Use of Conducted Energy Weapons issued December 2007 by the Commission for Public Complaints against the RCMP (CPC). The report’s recommendations deal with overall administration of Tasers, Taser applications, standards for re-certification, a designated Taser coordinator and a statistical-based database management system.

Subject experts and leadership of the WPS have reviewed and considered all recommendations that would relate to our agency, and believe our policy reflects best practices for public and officer safety.

While our electronic control devices have only been operational in Winnipeg since September 2006, we invested considerable personnel time and detail into our policy, training of our membership, and overall management of these devices. This has, in our view, provided a solid foundation for our members’ safe use of the device.

WPS submits that, in the aforementioned 173 WPS deployments, use of the device may well have prevented serious injury or death that could have resulted from other issue equipment (pepper spray, baton, and perhaps in certain cases, firearm).

In summary, recognized research and our practical experience have shown the Taser to be a safe, effective addition to our officers’ equipment and use-of-force options, and that there is strict accountability to ensure its appropriate use in maintaining public safety.

IN PREPARING THIS REPORT THERE WAS:

Internal Consultation With and Concurrence By:

External Consultation With:

Manitoba Justice, Law Enforcement Review Agency
Edmonton Police Service
RCMP “D” Division (Manitoba)
Peel Regional Police Service

THIS REPORT SUBMITTED BY:

Department Winnipeg Police Service
Division Executive Offices
Prepared by: S. West, Manager, Strategic Issues

And now ... a NEWS ALERT from our sponsors

Here we go again - the American manufacturer of tasers - taser international - releases another "NEWS ALERT" in praise of a Canadian police force - this time, the RCMP - for using a taser without killing anyone.

The last time I read a taser international-sponsored "NEWS ALERT" related to Canadian police (New Westminster, BC) was on December 19, 2007. I've copied it at the bottom of this post.

Since when does the RCMP allow a controversial weapon manufacturer to speak on its behalf? Am I missing something here?

February 29, 2008
RCMP use taser to avoid tragedy in kamloops

SCOTTSDALE, Ariz., Feb. 29, 2008 (PRIME NEWSWIRE) -- TASER International, Inc. (Nasdaq:TASR), a market leader in advanced electronic control devices, released the following News Alert:
According to an article in the February 27, 2008 edition of the Vancouver Sun, the Royal Canadian Mounted Police (RCMP) are crediting the use of a TASER(r) electronic control device (ECD) for avoiding the use of deadly force late Monday in Kamloops.

According to the article, RCMP officers faced an armed and distraught man who stormed into a massage parlor threatening to kill a female employee. He repeatedly said he was going to harm himself and yelled at the RCMP officers to shoot him.

"Faced with the option of discharging their pistols or using a TASER electronic control device (ECD) to subdue the distraught man, police opted to use the stun gun. One officer positioned himself to safely activate the TASER and the man was subdued without injury or risk," said RCMP Staff Sergeant Grant Learned.

Two women at the scene at the time of the incident were unharmed. The parlor's owner praised the RCMP for the way officers handled the situation and credited officers for capturing the man without injuring him.

It was reported that RMCP Constable Michelle Toews said the incident is textbook case of when a TASER should be used since the other option constables had was to shoot the man."If we hadn't had the TASER (ECD) we would have found ourselves in much more difficult circumstances," Toews said.

The complete article is available at: http://www.canada.com/vancouversun/news/story.html?id=7c8ede0e-e169-4f6a-bc83-9eff3e12c682&k=35578

TASER International, Inc. disclaims any responsibility for the accuracy of the media reports that are the sole responsibility of the attributed media source. HUH?!?!

For more information on protecting life with TASER technology, please visit: http://www.TASER.com.

The TASER International logo is available at http://www.primenewswire.com/newsroom/prs/?pkgid=2931

CONTACT: TASER International, Inc.
Steve Tuttle
480-444-4000
steve@TASER.com


December 18, 2007
Device to Stop Man Armed With a Knife

SCOTTSDALE, Ariz., Dec. 18, 2007 (PRIME NEWSWIRE) -- TASER International, Inc. (Nasdaq:TASR), a market leader in advanced electronic control devices released the following News Alert:

According to News 1130 AM New Westminster Police in British Columbia were, "called to a disturbance Friday night after a tenant used a pipe on the landlord and then armed himself with a kitchen knife."

"New West Police say the suspect taunted them, and after repeated commands to drop the knife, they used a TASER and then 'touch stunned' him again while attempting to handcuff him. Once back in the cellblock in the police station, police say he head-butted one of their officers while still-handcuffed."

The complete article is available at: http://www.news1130.com/news/local/article.jsp?content=20071217_184117_2640

TASER International, Inc. disclaims any responsibility for the accuracy of the media reports that are the sole responsibility of the attributed media source. HUH?!?!

For more information on protecting life with TASER technology, please visit: www.TASER.com.

The TASER International logo is available at http://www.primenewswire.com/newsroom/prs/?pkgid=2931

CONTACT: TASER International, Inc.
Steve Tuttle
(480) 444-4000
Steve@TASER.com

Freeze urged on cop stun guns

February 29, 2008
By SARAH GREEN, Toronto Star

Michael Walker wants to zap police Tasers. The Toronto councillor wants to see a moratorium on the purchase of additional Tasers until there's more evidence about the safety of the hand-held stun guns. "I find it troubling," said Walker, who will ask his fellow councillors Monday to support his motion. "We've managed to carry out effective policing for a century and a half without Tasers. I think we can continue to do that."

Police Chief Bill Blair wants to outfit all 2,600 frontline officers with Tasers at the cost of about $8 million. The force has 432 Tasers for frontline supervisors. In a report, Blair said Tasers have the potential to reduce injuries among officers and prevent standoffs from escalating. In the first six months of 2007, Toronto Police used Tasers 215 times, including 73 incidents when the stun gun was just used as a show of force, the report said.

Vancouver police officer not guilty of excessive force in nightclub arrest

Very seldom does the Crown find that a police officer used excessive force in making an arrest. And even though a Victoria Police Department expert in police-control techniques and stun guns testified that Constable Lowe used more force than was necessary, Justice Dohm concluded he was not guilty.

What kills me is that Justice Dohm rejected much of the witnesses’ evidence, citing concerns with inconsistencies and pointing out that nightclub employees discussed the incident afterward and watched the surveillance video together. Based on my experience, I think it’s pretty safe to assume that the three involved officers did exactly the same thing – probably with a union representative and a lawyer present, but Justice Dohm makes no mention of that. What’s good for the police, it seems, is NOT good for the witness.

February 27, 2008
Neal Hall, Vancouver Sun

A city police officer was acquitted today of assault with a Taser and using excessive force while arresting an intoxicated man at a Vancouver nightclub almost three years ago.

Provincial court Judge Tony Dohm found Vancouver police Const. Trevor Lowe, now 30, was justified in making his arrest of nightclub patron Carlo D'Ambrosio and zapping the man three times with a stun gun before throwing him to the sidewalk outside the Stone Temple nightclub on Granville Street in June 2005.

The judge said he rejected the evidence of D'Ambrosio because it had numerous deficiencies and instead accepted the evidence of Lowe and two other officers involved in the incident.

Police shouldn't be held to an unreasonable standard when assessing the use of excessive force, the judge said, adding the complainant was a large, physically fit man who was drunk at the time.

Lowe, who was working an overtime shift the night of the incident and had been on the force three years, was acquitted on charges of assault and assault with a weapon.

He left the courthouse without stopping to comment, although his lawyer said Lowe was glad the case was over. "My client is extremely relieved to have this over with and is extremely relieved that there's this cloud no longer over his head," defence lawyer Reg Harris said outside court. "He's been under an enormous amount of stress, as you can imagine, being charged with a criminal offence," he added. Harris said the case "highlights how difficult policing is in the entertainment district," adding the city "needs more officers in that area."

When a reporter suggested Vancouver has gained a reputation for Taser use, Harris disagreed, saying he had looked at the issue closely.

Lowe's trial last November heard two conflicting versions of the arrest and Tasering of D'Ambrosio. The Crown's theory was that Lowe used excessive force in making the arrest and using the Taser, and then assaulted the handcuffed man by throwing him to the sidewalk outside the club.

The Crown called a Victoria police officer, whose opinion was that Lowe didn't need to Taser the man to get him to comply because witnesses, including two sober employees of the club, said D'Ambrosio wasn't resisting arrest.

One club staff member said she heard D'Ambrosio asking "Why am I being arrested?" and said the officer told the man to relax, then saw the officer zap the club patron with a stun gun. "I am relaxed," the employee heard D'Ambrosio say. "Please stop... you're hurting me," D'Ambrosio added.

The judge pointed out nightclub employees discussed the incident afterward and watched the surveillance video together. The grainy video only caught the final seconds of the incident. One club employee who testified had also discussed the incident with D'Ambrosio, who was a regular patron and good customer of the club, the judge added.

Lowe testified D'Ambrosio was arrested because he was drunk in a public place, repeatedly refused to obey police commands to step back while yelling at police, resisted arrest, and displayed "assaultive behavior" by twisting his body while being handcuffed and removed from the club. Lowe recalled D'Ambrosio was yelling and swearing at police after the man's friend had been removed from the nightclub for being drunk at 2:30 a.m. on June 5, 2005.

Once handcuffed and being taken toward the exit, the officer recalled he warned D'Ambrosio he'd zap him with a Taser if he kept resisting, and, after he believed D'Ambrosio tried to trip him, the officer used his stun gun, sending three jolts of electricity to D'Ambrosio to get him to comply. As they exited the nightclub, Lowe said he was winded and exhausted so he used a "hip toss" to bring D'Ambrosio to the ground, when a sergeant came to Lowe's assistance.

D'Ambrosio, a weightlifter, testified he had about 12 drinks that night. He said he was upset his friend had been removed from the club and wanted to know why. D'Ambrosio said he also questioned police when they arrested him but denied he was resisting arrest. After receiving the Taser jolts, D'Ambrosio recalled being taken outside in a semi-conscious state and slammed to the sidewalk, where the officer got on top of him with his knees on his chest.

Oklahoma man dies

Barron Harvey Davis, 44

Fantino a taser fan

February 26, 2008
Orillia Packet & Times

Despite some highly publicized deaths following the administration of high-voltage shocks, Tasers are a valuable tool for police, says OPP Commissioner Julian Fantino.

"We trust police officers with sidearms, so why the big to-do (about Tasers)?" He added it's unfortunate when the use of force results in a suspect's injury or death, but Tasers are not the only police tool that poses a risk in violent confrontations.

"So does pepper spray; so does a baton; certainly a firearm. Yet those tools are available to us."

Taser use must be subject to strict guidelines, he said: "It can't be used as a tool to force compliance. It has to be used for all the right reasons. And the right reasons are the officer is either in immediate danger, real or foreseen, or the public is."

A Taser gives an officer a less lethal weapon than a handgun for the most dangerous situations, said Fantino. "And you don't want to be using a sidearm if there's other options available."

In two inquests involving fatal shootings of suspects by police, juries recommended the addition of Tasers to an officer's arsenal, said Fantino. Currently, only OPP supervisors have possession of the devices. Fantino said he would like to see them available to all front-line officers.

RCMP probe Taser incident involving girl in Inuvik jail

February 25, 2008
CBC News

RCMP in the Northwest Territories are investigating their use of a stun gun on a teenage girl at a youth detention centre in Inuvik last year.

The internal investigation into the March 27, 2007, incident at the Arctic Tern Young Offender Facility should be complete within a few weeks, RCMP spokesman Sgt. Larry O'Brien told CBC News.

Officers will examine whether the officers involved broke the law and whether they followed the RCMP's policies on Taser use when they shocked the girl with the electronic stun gun.

Corrections officials told CBC News last week that the teen was acting so aggressively that corrections staff called in police, who subdued her using the Taser.

The incident came to light last week when Inuvik Twin Lakes MLA Robert C. McLeod asked Justice Minister Jackson Lafferty about it in the legislative assembly.

Corrections director Darin Reeves said it was the first time a Taser had been used at an N.W.T. correctional facility. He said corrections officers did the right thing by calling in police. "No one wants to have an event like this happen," Reeves said. "Certainly when you're looking at protecting the environment itself and the youth from harming themself or others, you will go through every option you can to try and contain that situation." Reeves said the girl was examined afterwards and was fine. But the girl's mother has since been trying to get answers through McLeod about why the incident happened in the first place.

Taser use higher in Inuvik: RCMP

RCMP figures show there are more incidents involving Taser stun guns in Inuvik than anywhere else in the territory. Between September 2006 and November 2007, police reported a total of 54 Taser-related incidents in N.W.T., including 26 in Inuvik and seven in Yellowknife. O'Brien said those numbers include situations in which officers produced the weapon but didn't fire, as well as actual Taser use. Most of the time, he said, just saying a Taser will be used is enough to prompt people to co-operate. "It is certainly something you use, not as a last resort but when you're approaching a last resort," O'Brien said. "When you're to the point where you either use that or use a firearm, that would be a situation where members would be looking at using a conductive energy weapon."

O'Brien could not explain the discrepancy between Taser usage in Inuvik and Yellowknife, but said the number of officers in the two communities could play a role. Inuvik has two officers on duty on any given night, he said, while Yellowknife could have as many as eight officers. "If there's a situation in Yellowknife, we have the ability to bring multiple members to the scene in a short period of time. Those of us in policing know that the amount of police officers present usually has a big impact on the activities of the people involved in the complaint," he said. "Inuvik doesn't have that luxury. So they have to be very cognizant of what tools they have at hand, and that may go some way to explaining why the conductive energy weapons are being used more in Inuvik."

Tasers are involved in fewer than one per cent of arrests made in the territory, O'Brien said.

Ottawa police taser use drops after 'responsibility pay' introduced

February 25, 2008
CBC News

The use of Tasers, guns and physical force by Ottawa police dropped to their lowest level in years in 2007 — the year after the service introduced a special premium for officers who regularly retake a course on the proper use of force.

Tasers were used only a dozen times by officers last year, said the police service's 2007 use of force annual report, which was to be discussed at the Police Services Board meeting Monday night.

That was the lowest number of uses in five years, even though 34 tactical officers were authorized to used the devices, and 61 front line supervisors became authorized in November 2007. Physical control was used 45 times — an eight-year low. Officers pointed their firearms 212 times, the lowest level since 2002, the report shows. They were fired 51 times, in all cases to destroy animals. Pepper spray was used 54 times, up slightly from the year before, but still one of the lowest levels since 2000.

Chief Vern White credits better training for the decline in the use of force. "I went through use of force training two weeks ago," he said, "and I have to say I was totally impressed with the use of force training itself, the instructors." He added that the instructors encouraged officers to talk to the people they deal with before doing anything else.

Since May 2006, officers have been eligible for a special salary premium called responsibility pay if they take the use of force training force every 11 months.

Const. David Zackrias said he believes the constant retraining has contributed to the drop in the use of force. "The officers receive better training these days," he said. "We have to requalify annually and every time … there's always new scenarious we use in our training."

White said he is naturally happy that officers are using force less often, but he said if the numbers go up he won't necessarily be disappointed. Circumstance can change from year to year, White said. He added that what's important is not how often police use force, but whether they are using it appropriately.

Taser Used in Carjacking

Here's a shocking example of what happens when ordinary citizens are allowed to carry tasers - and I'm sure we ain't seen nothin' yet. If Taser International has its way, we're all going to hell in a handbasket.

Omaha police have arrested a man accused of repeatedly using a taser on a woman in order to steal her car. The woman, who asked not to be identified, tells Channel 6 she knows the suspect. The victim called 9-1-1 late Thursday night from a gas station at 52nd and Northwest Radial Highway. She says she was giving the man a ride when he repeatedly shot her with a taser and handcuffed her in the back seat of her car. After driving several blocks, the suspect apparently let her out of the vehicle and she called police. Police tell us they did book someone into custody, but his name and specific charges have not yet been released. Police also confirmed the victim knows the suspect.

California man dies

Garrett Sean Farn, 41, unarmed, died February 19, 2008

Taser probe won't focus on police oversight, Oppal says

February 22, 2008
IAN BAILEY, Globe and Mail

VANCOUVER -- The head of a public inquiry into the death of a Polish immigrant at Vancouver International Airport is free to look at the issue of police investigating themselves, but the issue won't be an official part of his efforts, B.C.'s Attorney-General says.

"We want this to be more focused on what happened that night," Wally Oppal said yesterday, referring to the morning of Oct. 14, 2007, when Robert Dziekanski, acting erratically in the international arrivals area, was subjected to two taser blasts by the RCMP. He died at the scene.

"I expect we will hear about whether or not police were following their own procedures and things like that, and I think that's the reason for the inquiry. We want to find out what happened and how can we prevent that type of tragedy from happening again," Mr. Oppal said.

Thomas Braidwood, a retired B.C. Court of Appeal judge who will head the inquiry, "has a wide discretion," Mr. Oppal said. "He might well want to touch on some of that. He added that he did not think the subject of police investigating themselves "is really an issue here. What we want to know is what happened to poor Mr. Dziekanski." He noted his ministry is reviewing a report unrelated to the Dziekanski matter that addresses police oversight, and he plans to propose reforms in the current legislative session.

The inquiry will unfold in two phases. One will look at the overall use of tasers by B.C. police. The second will look at the circumstances of Mr. Dziekanski's death.

The news that police investigating themselves won't be a focus of the inquiry came as a disappointment to the lawyer for Zofia Cisowski, Mr. Dziekanski's mother. Walter Kosteckyj said yesterday the issue should be on the table. The Integrated Homicide Investigation Team has been conducting an ongoing investigation into the case that could lead to charges against the officers involved. Mr. Kosteckyj said there is a conflict in having the team - with Mounties among its members - investigate a case involving the conduct of police.

"Does that make sense?" he asked rhetorically. "My client wants to make sure, by the time the inquiry is done, everything is looked into, including police conduct ..."

Taser International: Stunning Gains

Who knew DEATH had a bottom line?

February 21, 2008
Anne Kates Smith, Senior Associate Editor,
Kiplinger.com

Who says crime doesn't pay? Shareholders of Taser International are not only hoping that it pays handsomely, but that it remains a growth industry. Well, maybe not crime exactly, but crime-fighting.

Taser makes those electronic control devices -- stun guns in the vernacular -- used by police and corrections officers, the military and, now, even crime-wary consumers. Tasers temporarily disable threatening or dangerous individuals or those resisting arrest -- including unruly college students disrupting political speeches, as seen in the video that went viral last September, making "Don't tase me Bro!" a catch phrase of 2007.

But as much as perps on the mean streets may hate the company's devices, analysts on Wall Street love the company's shares. Most of the seven analysts who cover the stock (symbol TASR) rate it a buy or outperform; none rate it a sell.

Analysts expect earnings to grow at a roughly 50% rate this year and next as Taser penetrates largely untapped markets here and abroad, with essentially no competition. "To us it's a category killer," says Steven Dyer, at Craig-Hallum, a Minneapolis-based brokerage.

JP Morgan is the latest to join the love fest, initiating coverage on February 13 with an "overweight" rating.

Taser, based in Scottsdale, Ariz. logged profits of $15 million last year on $100.7 million in revenues. The company has sold more than 200,000 devices to some 12,000 agencies, primarily U.S. law enforcement and corrections officers.

But that's only 25% to 30% of the domestic market and less than 5% of the worldwide market. Taser's penetration rate of the private-security, military and consumer markets is near zero.

International sales, accounting for about 15% of 2007 sales should become a more prominent part of the mix this year. Agencies in some 45 foreign countries are either using or testing Taser devices. On February 11, the company announced that an unnamed foreign country placed an order for 3,000 units. As many as five countries are expected to place significant orders this year.

Consumers represent another solid growth market. Taser's C2 model began shipping in the third-quarter of '07. At this year's Consumer Electronics Show, the C2 made its debut in leopard print, red-hot red and fashion pink (prices ranging from $350 to $380) "for women who want fashion with a bite."

Infomercials about the product began airing in mid-February. The C2 could generate almost 10% of company sales this year, up from less than 4% in '07, estimates Eric Wold of San Francisco-based broker Merriman Curhan Ford.

Taser's challenge for now is boosting gross profit margins, which have sagged lately. The company blames higher raw material costs; cash discounts for distributors; a higher percentage of low-priced products, such as cartridges, in the sales mix; and labor inefficiencies associated with new product introductions and starting a second production shift.

Taser has eliminated the discounts, negotiated price reductions with suppliers and smoothed out payroll bumps by staffing the two shifts so as to eliminate overtime. And the company hired a new operations chief, a 20-year veteran of Intel Corp. All told, analysts on average expect sales to increase 26% this year and earnings to jump 47%, to 34 cents a share.

Despite its promising outlook, Taser is not an easy stock to own if you don't have a stomach for wild gyrations tied to the headline of the moment.

That was made clear in 2005 when news of a Securities and Exchange Commission inquiry sent the stock tumbling from a bit more than $30 -- a peak it hasn't seen since even though the investigation came to nothing. More recently, the stock was on a roll until last October, when news broke that a man had died after being hit with a taser at a Canadian airport.

Taser says its devices have actually saved thousands of lives, by reducing risks to both law enforcement officers and suspects, compared with using guns or other, physical control methods. But use of the devices is clearly controversial. Taser is no stranger to litigation charging wrongful death or injury, but so far, some 61 lawsuits against the company have either been dismissed or decided in its favor.

Still, short-sellers, who have a vested interest in seeing Taser's stock fall, account for nearly a quarter of the float -- that is, the shares available for trading by the public.

The bulls believe that investors committed to the stock long-term will be rewarded. "Do you own it for headlines or for operations? If you own it for operations -- what the company can do, I'm not too concerned," says analyst Wold.

Considering the company's earnings-growth prospects, the stock deserves to trade at 40 to 45 times estimated earnings, he believes. Given his estimate of 52 cents a share for 2009, he thinks the stock, which closed at $11.99 on February 19, could reach $21 over the next 12 months. Other analysts say $17 a share is more realistic. Either way, you're looking at some pretty stunning gains.

RCMP says force would change Taser use policies if B.C. inquiry presents evidence

February 20, 2008
The Canadian Press

VANCOUVER - An RCMP official says the force would change its policies on Taser use if a public inquiry into the death of a Polish immigrant provided any evidence to do that. "We are pleased to participate voluntarily with this inquiry or any other process with the goal of ensuring that our policies, techniques, methodologies and equipment are working properly and doing what they were designed to do," said Gary Bass, deputy commissioner of the RCMP's Pacific region.

On Monday, Attorney General Wally Oppal launched the inquiry into the death of Robert Dziekanski, who was hit with a blast from a Taser at Vancouver International airport.

Dziekanski had wandered around the airport for hours before causing a disturbance that brought police attention. Another traveller video recorded four Mounties approaching Dziekanski, who didn't speak English, before he was hit with a Taser and died.

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

Oppal has said one of the main questions that need to be answered at the inquiry involves the appropriate use of Tasers and under what circumstances police forces should be using them. He said the inquiry could lead to changes in the use of Tasers in B.C.

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.

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.

Ottawa turns down B.C. request to participate in taser inquiry

February 19, 2008
JUSTINE HUNTER, Globe and Mail

VICTORIA -- The provincial government has ordered two inquiries into the taser death of Polish immigrant Robert Dziekanski, but B.C.'s Attorney-General admitted yesterday the process could have limited effect.

The federal government has rebuffed a request to participate in the inquiries, one into circumstances of Mr. Dziekanski's death and the second into the use of conducted-energy weapons, also known as tasers, by police.

As well, B.C. Attorney-General Wally Oppal conceded that there's no clear authority for the province to compel the RCMP, which provides about 70 per cent of British Columbia's policing services, to comply with any rulings. "The RCMP, being a federal force, is beyond the jurisdiction of the province, but we expect the RCMP to fully co-operate in the inquiry," he told reporters in Victoria. "We have invited the federal government to participate in the inquiry," he added. "They are doing an inquiry of their own and, at this stage, they have declined to participate in the [B.C.] inquiry."

Mr. Dziekanski died within minutes of being tasered at Vancouver International Airport last October, after spending hours waiting in a restricted area for his mother, Zofia Cisowski, who waited several hours just outside in the public area.

The two never found each other. Four officers, responding to a report of a man with erratic behaviour destroying property, entered the arrivals area on the morning of Oct. 14, and tasered Mr. Dziekanski less than 30 seconds later.

A digital video of the encounter flashed around the world in November, with the disturbing 10 minutes of footage showing Mr. Dziekanski screaming and writhing before being pinned down and handcuffed, and then lapsing into unconsciousness.

Mr. Oppal first promised an inquiry late last year, saying his government was forced to call a public inquiry after it became clear various authorities, including the Vancouver airport, the RCMP and the Canada Border Services Agency, were not providing useful answers about what went wrong.

Yesterday, he issued the terms of reference and said he wants answers by the summer. "We want a full and comprehensive opinion as to what our police should be doing in this province." RCMP Staff Sergeant John Ward, head of the RCMP's media division in the province, said the force, including the four officers involved in the incident, will co-operate with the inquiries. "The RCMP will fully participate within all legal boundaries of the inquiry and we have everything to gain by doing so," he said in an interview yesterday.

If the result goes against the use of tasers, he said the force would likely comply, but he could not guarantee it.

"If the [B.C.] Solicitor-General came out with a policy that the RCMP couldn't use a certain piece of equipment, we would probably follow that direction," he said.

Both provincial probes will be conducted as public inquiries headed by retired Appeal Court judge Thomas Braidwood. While he can begin his commission into the use of tasers immediately, the inquiry into what happened on Oct. 14 at Vancouver airport could be delayed. A coroner's inquest is set for May 5 to May 16 and there is also a homicide investigation that could hinder a public hearing.