Police Too Quick To Taser?

On April 7, 2011, an eleven year-old boy was tasered by Prince George (BC) RCMP following his suspected involvement in the stabbing of a 37 year-old man at a group home. Immediately following the incident, little was known or released about what prompted the police to taser the boy. Six months later, it was discovered that the boy in fact suffered from a heart condition, bipolar disorder and hearing impairment. During the incident, the RCMP was negotiating with the boy to come out. The boy appeared in a second-story window with what appeared to be a knife. He ran the object along his sweatshirt, arms and hands. The RCMP then witnessed the boy make cross-like gestures, which stood as a last straw for the RCMP before they decided to taser him when he came out. The boy negotiated for some clothes and when he came out, he was tasered. It was later seen that the boy did not have a knife in his hands, but rather, a pen. 

At first glance, it seems that the RCMP were out-negotiated by an 11 year-old boy who faced mental health problems. Rather than calmly or alternatively trying to negotiate with the boy, or perhaps find out more about his situation, the RCMP resorted quickly to using a taser. It is understandable that the RCMP were trying to protect the boy from himself and from themselves. However, by using a taser so quickly, they failed to consider the potentially fatal side effects, in particular on the boy’s heart condition. The RCMP also failed to verify whether the boy in fact was holding a weapon at all before deciding to taser him.  It begs the question of whether this 11 year-old boy really posed a threat to the RCMP at all.

Given the boy’s mental health condition, of notable interest would be to look into whether the RCMP has been provided with adequate training in handling situations of this nature. It is possible that the RCMP misinterpreted the boy’s signals or the boy was unable to comprehend the RCMP officers’ demands. Would this then be sufficient grounds for the RCMP officers to resort to tasering the 11 year-old boy? It is tough to see in any situation involving an 11 year-old why the RCMP would resort to tasering. It is even more compelling in this situation where the boy faced several mental health disorders.

An investigation was launched into the conduct of the Prince George RCMP officers involved. In charge of the investigation was the West Vancouver Police Department (WVPD), headed by Chief Constable Peter Lepine, a former RCMP officer. Of particular concern here is who is acting as a check on the power of the RCMP? From what it seems, the WVPD is not an entirely independent unit, and thus cannot really provide an “objective” inquiry into the RCMP. The issue of tasering is already contentious – can the RCMP be held truly accountable for their actions if investigated by the WVPD?

In the end, it was declared by the WVPD that the conduct of the Prince George RCMP did not violate the Criminal Code. However, few details of how this decision was made were given. Consequently, how can we as the public be satisfied with the results of this investigation? Although the initial story caused mass public discourse and debate, the results of the inquiry into the RCMP has seemed to go undetected. The detailed considerations that went into the WVPD investigation were not made transparent to the public. The length of time between when the incident occurred, and when more details were provided (6 months later) seems entirely unreasonable and did not allow for the public to remain informed.    

It is also important to note that separate investigations by independent groups were also launched, including that of the Commission for Public Complaints Against the RCMP, and one by well-known BC Representative for Child and Youth, Mary Turpel-Lafond working alongside the BC Ministry of Child and Family Development. Results of these investigations have yet to be released but perhaps when they are, they will shed a more objective light on the situation.

Posted by Audrey Wong (Windsor Law)

Toronto Police Accountability Bulletin No. 53, May 19, 2010.

This Bulletin is published by the Toronto Police Accountability Coalition, a group of individuals and organizations in Toronto interested in police policies and procedures, and in making police more accountable to the community they are committed to serving. Our website is http://www.tpac.ca
***
In this issue:
1. Two recent Toronto deaths
2. Making sure the evidence fits
3. Taser use in Toronto
4. The G20 meeting and police consolidation
5. Assessing the Human Rights project
6. Subscribe to the Bulletin
***

1. Two recent Toronto deaths

Two individuals have been killed by Toronto police during the past month. Both deaths have been greeted by the usual police silence about what happened.

Weilaw Duda was killed by police bullets in the port lands on April 19, and the photographs published in the newspapers make it very clear that bullets shattered the windows of the vehicle he was in. Apparently more than a dozen bullets were fired (Duda was unarmed and apparently the incident began because an officer said Duda's car injured him, although the officer was immediately released from the hospital and returned to duty), and there were at least six officers on the scene.

There is a policy in place in the Toronto police service which states: "Police officers may not discharge a firearm at a vehicle for the purpose of disabling the vehicle. Police officers may not discharge a firearm at the operator or the occupants of a motor vehicle unless there exists an immediate threat of death or grievous bodily harm to an officer or to a member of the public by means other than the vehicle."

The policy was under consideration at the recent inquest into the death of a youth, Duane Christian, who was shot and killed by police in 2006. In 2006, the policy was worded slightly differently, but in 2008 it was amended to preclude shooting at drivers unless they are threatening death or grievous bodily harm by means other than the vehicle (such as by shooting at people). At the inquest the officer who did the shooting testified that he would act in the same way today in spite of the policy since he disagrees with it. A staff sergeant testified to the same effect.

TPAC has written Toronto Police Service Board members and chief asking for an assurance that this policy will be enforced by management. If it had been enforced, Duda would be alive today.

Last week Toronto police officers chased an 18 year old student, Junior Alexander Manon, from a car near York University, caught up to him, and then said he died of a heart attack. Selwyn Pieters, the family's lawyer, saw the body at the morgue and said "The issue of a heart attack is a fiction. It seems that he died from physical force."

The Special Investigation Unit has identified the ten police officers to talk to, eight as witnesses.

Junior Manon was a well known and well liked youth in his North York neighbourhood. Hopefully independent witnesses can be tracked down to confirm what really happened. Many in Manon's Jane/Finch neighbourhood will come to the conclusion that this is an example of the ultimate form of racial profiling practiced by police. Events like this, combined with the recent massive raids on racialized and poor neighbourhoods that caught up innocent youth along with a few gang members, will sooner or later lead to social unrest. Will the police force change its ways to diffuse this situation? Will the Police Services Board intervene and show some leadership, by acknowledging these tragedies and vowing to find ways to ensure that police minimize their use of force?

2. Making sure the evidence fits

When civilians have been seriously injured in incidents involving police officers, the Special Investigations Unit is supposed to be called in as soon as possible in order to separate subject and witness officers and other witnesses for questioning. The SIU and many others have serious concerns that officers talk about events they have seen, agree on what happened, and then write that version of the story up in their notes. There are also concerns about cases where officers do not want to cooperate with the Special Investigations Unit, resulting in interviews that get delayed for a few hours, a few days or even a few weeks.

What has now emerged is that often the officers who think the SIU will want to talk to them, meet and retain a common lawyer. While those lawyers say they play no role in shaping a common story among their clients, legal practice is that a lawyer should share information among those he represents on a case. As the Toronto Star puts it, delicately, in an editorial on May 7, this process opens "the door to potential collusion."

Worse, this practise is directly contrary to Regulation 673/98 passed under the Police Services Act. Section 6 of that regulation states "The chief of police shall, to the extent that it is practicable, segregate all the police officers involved in the incident from each other until after the SIU has completed its interviews," and "A police officer involved in the incident shall not communicate with any other police officer involved in the incident concerning their involvement in the incident until after the SIU has completed its interviews."

Those sections do not provide an exception if the officers happen to share a common lawyer.

The SIU has decided, along with lawyers representing the families of two men who were killed last year by the Ontario Provincial Police, to challenge this practice in a court hearing. Lawyers for the officers apparently will argue that this is not a matter the court needs to decide in this case. The day before the hearing on the motion was to begin, the Attorney General pulled its lawyers who were representing the SIU, from the case, leading to fears that the AG's office had buckled to police pressure. At the time of the publication of this newsletter, the hearing had not been completed and the court had not released a decision.

3. Taser use in Toronto

As reported to a recent meeting of the Toronto Police Services Board, in 2009 Toronto police used the taser 309 times in 273 incidents (down from 367 uses in 2008.) 45 per cent of the time police simply showed how the taser sparked or turned on the laser sighting system; 13 per cent of the time they pressed the taser against the skin to cause pain; and the taser was fired in full mode the other 41 per cent of the time.

Not all the full firings were intentional. The report notes that 18 of these full firings (15 per cent) were unintentional. The report says that officers who fired unintentionally received more training.

Three quarters of those using the tasers were front line officers: only one quarter were members of the emergency task force.

As in 2008, 40 per cent of the subjects on whom the taser was used were deemed to be emotionally/mentally disturbed; and a further 25 per cent under the influence of drugs and/or alcohol. Police report no serious injuries resulted from taser use. The report can be found at http://www.tpsb.ca/FS/Docs/Minutes/2010/, and go to April 22, page 23.

4. The G20 meeting and police consolidation

The meeting of the leaders of the G20 countries will take place at the Metro Convention Centre near the CN Tower on Saturday June 26 and Sunday June 27, but the disruption will ripple out before and after those dates. In the name of security, the police are being given a very free hand with the city.

Some 5000 officers, from Toronto and other forces including the RCMP, will be available that weekend, many in full riot gear with very large guns. Already announced is the plan to establish a secure perimeter in the large superblock from King Street south to the Lakeshore, from Spadina Avenue to Yonge St. This will be an area with increased numbers of police officers and patrols. A fence will be located somewhere near the perimeter, but the police will not yet say where it will be. The Metro Convention Centre and hotels being used by summit attendees who are Internationally Protected Persons will be surrounded by more security fences that will be set up at least a week before the meetings occur. Those hoping to gain entry beyond the perimeter to their place of work or their residence can apply for a permit ahead of time to have speedier access, but others will face long delays. Police indicated the personal information collected for these permits will be destroyed following the meeting.

For a day or two before the Saturday, parking within the perimeter will not be permitted. The eleven child day care centres within the perimeter will probably close down on the Friday and maybe the following Monday. Business owners in the area have expressed great concern about the disruption to their businesses and many will be in shut-down mode for that week. One large law firm has already decided that there will be no client meetings on site for the week before the event since access will be questionable. Already the Blue Jays baseball team has cancelled its Toronto games in the nearby Rogers Centre for that week and will decamp to Philadelphia.

Police are always anxious to secure perimeters for security reasons and those perimeters have been expanding in Canada for such events in the last decade. Police have established an approved 'protest zone' - north Queens Park - which is far away from where any of those attending the summit might be found. The PATH system under the financial district was closed one weekend so the police could simulate a hostage taking and help sort out how they will work with private security. An entire warehouse type building in the port lands has been prepared to hold G8/G20 protestors who are arrested. The notion that police concepts of security trump other ideas of how the city operates is worrying, particularly for those with an interest in political expression.

Apparently the police will introduce a new idea, encrypting the police radio so what's said cannot be picked up on the kind of scanner journalists have used to find out what is happening. Former chief Julian Fantino had found his own way to get around the scanner, which was giving supervisors a cell phone, and having front line officers call on that private number which couldn't be scanned. It seems the encryption will continue with the Toronto force once the G20 leaves town.

5. Assessing the Human Rights Project

For the past three years, the Toronto police service has been working with the Ontario Human Rights Commission to identify any discrimination in employment policies and practices, and in how policing is delivered. The project is now at an end, and the Board is spending $150,000 to get an independent evaluation about whether it has made any difference. The evaluation will be completed in 2014.

All well and good, one might say, to spend a pile of money and another four years wondering how the police are doing about discrimination. But what about racial profiling? The data published by the Toronto Star in February proved beyond a shadow of a doubt that blacks are stopped three times as often as white, charged three times as often, and held in jail three times as often. How much proof is needed before one concludes that as an organization the Toronto police force systematically discriminates on the basis of race?

6. Subscribe to the Bulletin

To subscribe or unsubscribe to this Bulletin, please send a note to info@tpac.ca with the instructions in the subject line or in the text of the message. Our e-mail list is confidential and will not be made available to others. There is no charge for the Bulletin. Our website is http://www.tpac.ca.

BC Court of Appeal dismisses RCMP officers' attempt to quash notices of misconduct in Braidwood inquiry investigating taser death of Robert Dziekanski

Read the full judgment in Bentley v. Braidwood, 2009 BCCA 604.

Commission for Public Complaints finds that RCMP officers acted inappropriately in the death of Robert Dziekanski and tasering of a 15-year-old girl

In two reports issued within the last month, the Commission for Public Complaints against the RCMP has found that RCMP officers acted inappropriately in relation to two taser incidents: the death of Robert Dziekanski in Vancouver and the tasering of a 15-year-old girl.

Following an investigation that has lasted over two years, the Commission for Public Complaints against the RCMP has made a finding that 4 RCMP officers used their Tasers prematurely and inappropriately in dealing with Polish immigrant Robert Dziekanski at the Vancouver International Airport. See the Report.

On October 14, 2007, Dziekanski was fired upon five times with a Taser weapon, within 24 seconds of four RCMP officers arriving at the scene. He died minutes later on the floor amidst shocked onlookers. The incident has marred the RCMP ever since, especially with the release of a video shot by one of those onlookers which severely discredited the officer’s claims of Dziekanski’s combative nature. It is disheartening to think of the vastly different conclusions that may have been reached regarding the incident had it not been filmed.

Commissioner Paul Kennedy, whose contract as Commissioner was coincidentally not renewed this past month, made harsh criticisms of the officers in his report. Kennedy chastised them for not making appropriate efforts to defuse the situation and stated that their conduct “fell short of that expected of members of the RCMP.” In total, the Commission made 23 findings and 16 recommendations. One of these findings, that accentuates the need for more stringent accountability measures for police, concerned the “considerable and significant discrepancies in the detail and accuracy of the recollection of the event.” Kennedy recommended that the RCMP conduct a broad review of the effectiveness of a previous quality assessment of Tasers.

Some of the key findings were as follows:

— While they were in the lawful execution of their duties as police officers, the four officers failed to adopt a measured, coordinated and appropriate response to Mr. Dziekanski’s reported behaviour.
— The senior on-scene RCMP member failed to take charge of the RCMP’s response;
— No meaningful attempt was made to de-escalate the situation;
— No warning - visual or otherwise - was given to Mr. Dziekanski prior to him being Tasered by the Conducted Energy Weapon (CEW);
— Use of the CEW against Mr. Dziekanski was premature and inappropriate;
— The CEW was used multiple times on Mr. Dziekanski without any significant effort made to determine the need for further use;
— The RCMP members present should have more actively provided first aid and monitored Mr. Dziekanki’s condition;
— The four RCMP members inappropriately met alone after the death of Mr. Dziekanski prior to giving their statements;
— The versions of events given to investigators by the four RCMP officers involved in the Vancouver International Airport in-custody death of Robert Dziekanski are not deemed credible by the CPC;
— The senior on-scene RCMP member should not have been present at the Integrated Homicide Investigation Team (IHIT) briefing held at the Richmond Detachment on October 14, 2007;
— No bias or partiality toward the involved RCMP members was present in the IHIT investigation of the death of Mr. Dziekanski, but the Pritchard video should have been shown to the members before taking statements from them;
— The RCMP should have released certain information to the media which would have served to clarify information pertaining to the death of Mr. Dziekanski and corrected erroneous information previously provided without compromising the IHIT investigation.

RCMP Commissioner William Elliot responded to the report by writing that the RCMP have taken “concrete action in relation to the death of Mr. Dziekanski and the events leading up to and following that terrible event." This includes changing the RCMP’s policies and training in relation to use of Tasers. For more on the Dziekanski case and recommendations concerning the use of tasers, see the Braidwood Report.

As noted above, following the release of this report, the RCMP Public Complaints Commission expressed grave concerns in a second case involving the tasering of a 15-year-old girl being held in a detention centre. Read the Report. The girl was lying face down, hand-cuffed and in the control of three guards.

It is troubling that the Harper Government has decided not to renew the contract of Kennedy. The decision was severely criticized in a Globe and Mail editorial "The Thin Line of Oversight". See also, Mason, "A Disturbing View of RCMP Oversight."

These incidents serve a stark reminder that improving police accountability and training is an issue that should remain at the forefront of justice reform. A senseless tragedy such as the one that occurred in the Dziekanski case should not be needed to trigger such actions but hopefully, in this case, that is exactly what it will do.

Posted by Martin Mendelzon (Law I)

Canadian Mental Health Association recommends special training for officers armed with tasers

The Saskatchewan division of the Canadian Mental Health Association (CMHA) has recommended that police officers receive special training on how to deal with mentally ill people and that those skills are implemented before administering a Taser.

The brief from the CMHA comes after the Saskatchewan Police Commission, like many others across Canada, has begun to review how Tasers are used by their employees. Specifically, the Commission is reviewing whether they will allow their front-line municipal officers to carry Tasers. The CMHA recommends a “combination of effective and appropriate training and policy changes for the use of conducted energy devices,” that “crisis intervention training be incorporated in police recruit training and that there be ongoing training for all officers,” and that “an independent investigation be launched into the long-term health consequences for people who are stunned by CEDs.”

The use of CEDs is of particular concern to Canadian citizens as a result of the many high-profile cases that have resulted from their questionably improper administration. But what the CMHA’s brief should symbolize is the extreme importance of proper training for police officers in dealing with those that are mentally ill under all circumstances. Just three months ago, LEAP reported on a Newfoundland story where police mistook an autistic boy for a drunk, and threw him in the local lockup overnight.

Posted by Ashley Paterson (Law II)

Braidwood Inquiry releases Phase 1 report on use of tasers

The long-awaited Phase 1 of the Braidwood Report was publicly released this week, by the Braidwood Commission on Conducted Energy Use, entitled Restoring Public Confidence: Restricting the Use of Conducted Energy Weapons in British Columbia. The report was commissioned as a response to the death of Robert Dziekanski, who died minutes after a RCMP officer shocked him with a conducted energy weapon (CEW), commonly referred to as a Taser, at the Vancouver International Airport. The Braidwood Commission was created to inquire into and report on how CEWs are deployed by those law enforcement agents that use them.

The first part of the report makes 19 recommendations. Braidwood notes that when making recommendations he was guided by several principles – "that the police are subject to civilian authority, that the police must be given appropriate tools to do their job, that the police should use the least force necessary to manage the risk, and that the use of force must be proportionate to the seriousness of the situation." The recommendations in the report can be summarized as follows:

-that CEWs be used only to enforce federal criminal laws;
-that CEWs are not used unless the subject is causing bodily harm or will imminently do so and that no lesser force option can prevent risk of such harm;
-that a curriculum for crisis intervention training be approved and implemented, and that when dealing with emotionally disturbed people officers use de-escalation techniques before using a CEW;
-that an electrical current is not deployed from a CEW for longer than 5 seconds unless the officer believes that a 5-second discharge was not effective in eliminating the risk of bodily harm;
-that paramedic assistance be requested in every medically high-risk situation;
-that if an officer has a CEW they also have an automated defibrillator readily available and that province-wide standards are set in relation to CEWs;
-that the Police Academy be responsible for training officers in the use of CEWs;
-that CEWs be added to the list of restricted products under the Hazardous Products Act and that regulations are created prescribing the circumstances under which CEWs may be imported in, and sold in, Canada;
-that every CEW in use be periodically tested and that if a serious death or injury occurs when a CEW has been used that the weapon be withdrawn from service and its electrical output tested;
-that there be an incident report form to be completed whenever a CEW is used;

-that a CEW research program be created, as well as a special committee established, to review the use of CEWs three years after this report is made public, and
-that as of 2012, the RCMP must abide by the rules, policies and procedures of CEW use that are applicable to provincially regulated law enforcement agencies.

The B.C. government stated yesterday that they accept the recommendations and will undertake implementation of them immediately.

Posted by Ashley Paterson (Law II) (LEAP Summer Intern)

Older-model RCMP tasers fail test

Unquestionably, the use of conducted energy weapons (“Tasers”) by Canadian law enforcement agents has been met with tremendous scrutiny. On June 1, 2009, RCMP Commissioner Bill Elliot stated that approximately 1600 M-26 (older-model) Tasers would be removed from RCMP use until they could undergo further testing. This decision resulted from an order of the B.C. government to cease use of approximately 600 M-26 Tasers when tests revealed that the weapons were not performing properly. According to Elliot the Tasers were “under-delivering a charge, not over-delivering.” Taser International, who produces the weapons, said “[a] lower energy output equates to a higher safety margin and therefore, the medical safety of these devices is not in question.”

Elliot confessed that it is the RCMP’s objective to test all of their weapons. He further stated that “I cannot tell you we have currently completed that testing.” To make matters worse, the RCMP’s testing of the Tasers did not reveal the same defects that were uncovered when the B.C. government tested them.

Before the order from the B.C. government, the RCMP were in the process of replacing the M-26 Taser models (the older models now being tested) with "'the more reliable' and smaller X-26 Taser,” the same model that four officers used to shock Robert Dziekanski, who died in 2007.

Elliot further stated that “[w]e want to make sure that the weapon…in the odd case that it is resorted to, that it does what our officers should expect it to do...”

Posted by Ashley Paterson (Law II) (LEAP Summer Intern)

Taser to the head can cause seizures

A new report in the Canadian Medical Association Journal says that a taser deployed to the head can cause seizures. Previously, taser-related incidents concentrated on cardiac problems resulting from shots to the chest. The report discusses a police chase involving an Ontario police officer who was mistakenly tasered, ultimately suffering a seizure. Dr. Richard Wennberg, the senior author of the report, concluded that the taser certainly caused the officer’s seizure, as he had no prior history of seizures or underlying conditions that would precipitate a seizure. Listing seizures as a health risk, the report describes the dangers as follows: “Repetitive stimuli such as flashing lights or electrical stimuli can induce seizures in some individuals. The risk may be heightened if electrical stimuli or current passes through the head region.” Taser International had no comment either with respect to the report or the case involving the police officer.

The report is released in the wake of an incident where the RCMP tasered a distraught teenager this week, see http://www.vancouversun.com/news/Mounties+Taser+teen+said+wanted/1406815/story.html. This week the Toronto Police Service released its taser statistics which revealed that two 15-year-old boys were tasered last year. See "Boys 15, Tasered by police, stats show."

Posted by Mandy Cheema (Law III)

Braidwood Inquiry begins hearing testimony from the four RCMP Constables involved in the Robert Dziekanski taser death

As I write this post, the Braidwood Inquiry is hearing from RCMP Constable Gerry Rundel, one of the four RCMP officers involved in Robert Dziekanski's death. I am here on my law school reading week. This is a remarkable experience which has made it astonishingly clear to me the legislative reforms needed to ensure accountability from police officers.

On the possible role race played

On the first day of Rundel's testimony, Zofia Cisowski, could not bear to watch the video of her son’s final moments and ended up leaving and not returning. Constable Rundel described his initial response to the RCMP dispatch he received shortly before arriving at Vancouver International Airport. What is most troubling is the way the dispatcher described Mr. Dziekanski -- “a non-white male with dark hair wearing a white jacket.” What role did race play in the manner in which the RCMP responded? Was it routine to have four constables arrive separately in their police cruisers? Is it plausible to assume that the RCMP response was influenced, in part, by the moral panic that has gripped airports since 9/11 with its impact felt most prominently by those who loook Arab or Muslim? Constable Rundel did not testify as to whether the description by the dispatcher was communicated amongst the four RCMP officers before or when they converged at the airport.

Whether the description of “non-white male with dark hair” influenced their reaction remains to be seen. Although Commission Counsel raised this possibility, he did so subtly and did not make the link between what role, if any, race played that day at the airport. However, in raising that query, Commission Counsel introduced the possibility for that conclusion to be drawn.

On Constable Rundel’s justification

Perhaps what is even more astonishing is Constable Rundel’s justification for the taser. On numerous occasions, he repeatedly said that he feared for his safety. The cause of this fear? A stapler. It is difficult to believe that an RCMP officer (wearing a bullet-proof vest), trained and fully equipped with various tools, such as a baton, pepper spray, taser and firearm (not to mention the superb physical fitness of most police officers), would be afraid of a stapler- especially in the company of three equally equipped and trained RCMP officers. Surely, wearing a bullet-proof vest would ward off attacks by a stapler.

On the RCMP’s inconsistent position

Prior to Constable Rundel’s testimony, the RCMP maintained that Mr. Dziekanski made combative gestures holding the stapler before the taser was deployed. Constable Rundel further testified that Mr. Dziekanski was demonstrating “non-compliant” behaviour in raising his hands and not complying with RCMP orders. However, the video evidence does not show him raising his hands before the taser is deployed. The decision to taser was made within 4 seconds upon arriving and within thirty seconds, he was tasered five times. During this time, very little was done during the intervals to back off and give Mr. Dziekanski a chance to respond, nor was an effort made during this time to assess his medical situation. Moreover, Walter Kosteckyj’s questioning made it clear that Mr. Dziekanski had only raised his arms after being tasered- in all likelihood, as a natural response to the electric shock waves being sent through his body.

Constable Rundel admitted that Robert Dziekanski may have been frightened and felt trapped when the four RCMP officers surrounded him that day. Upon further questioning, he said there was no time to give Dziekanski a warning before the taser was deployed and admitted no attempt was made to find out where he was from or where he was going. However, he did not back down from maintaining that he and his colleagues acted properly.

On the language barrier

In response to Commission Counsel’s question as to whether the language barrier may have complicated communications, Constable Rundel did not acknowledge the possibility of a language barrier of a Polish immigrant coming to Canada for the very first time. For more on language barriers and law enforcement practices, see Vera Institute of Justice.

For up-to-date information visit the Braidwood Inquiry website.

Posted by Mandy Cheema (Windsor Law III)

Police associations call for all officers to be armed with tasers

The Canadian Police Association (CPA) and the Canadian Association of Chiefs of Police (CACP), the two largest police organizations in the country, have released a position document advocating greater use of tasers or conducted energy devices. According to CPA President, Charles Momy, tasers not only save lives but do not cause death. Tom Kaye, Vice-President of the CACP, stated that "we reiterate that to date, there is no evidence, either scientific or medical, that a conducted-energy weapon has been the direct cause of death anywhere, at any time, on any person." According to their position document, conducted energy devices should be restricted to situations of "active resistance" or where there are threats to officer and public safety.

The Globe and Mail responded with a scathing editorial "Dangerously Blank Slates." As it observes "...these words are merely a blank slate on which police may write almost any self-justification they wish. They give police a licence for the use of massive force, even where, as in [the Dziekanski case] it is unjustifiable."

On the issue of the dangers posed by tasers, we need a national debate informed by independent research free of any links to Taser International. While the CPA and CACP contend that studies reveal that tasers are safe, there are contrary studies. For example, a study conducted by Amnesty International found that tasers were a cause or contributing cause in the death of 67 individuals. See "Less than Lethal? The Use of Stun Guns in US Law Enforcement". See further, research by Dr. Andrew Dennis, of the Cook County Hospital Trauma Unit and a former police officer. Finally, there is a study by University of California cardiologists recently published in the American Journal of Cardiology entitled "Relation of Taser (Electrical Stun Gun) Deployment to Increase in In-Custody Sudden Deaths."

Posted by Mandy Cheema (Windsor Law III)

RCMP admit dangers of tasers and establish new policy for use and training

On February 12, 2009, RCMP Commissioner William Elliot appeared before the Standing Committee on Public Safety and National Security to update them on changes to RCMP taser policies and training following the release of Standing Committee's June 2008 Report.

The RCMP now acknowledge that tasers or Conducted Energy Weapons, as they are now called, can be deadly particularly in cases of "acutely agitated individuals." As a result, enhanced training and policies on use were put into place in June. According to the new policy, tasers can only be used "where it is necessary to do so in circumstances of threats to officer or public safety." In addition, officers are required to report all uses of the taser including cases where it is drawn but not used.

Whether these changes will reduce the use and deaths associated with what Commissioner Elliott refers to as a "useful weapon" remains to be seen. The British Columbia Civil Liberties Association has called for a moratorium on the use of tasers.

It will be interesting to see what impact the changes have on the recommendations that will be produced once the Braidwood Inquiry in Vancouver is completed. The Braidwood Inquiry was established following the death of Robert Dzierkanski at Vancouver's International Airport in October of 2007. Dzierkanski was tasered five times.

Posted by Professor Tanovich and Robert Tarantino

Lawsuit filed against OPP officers who tasered a 14-year-old Aboriginal girl in her jail cell

The family of a 14-year-old Aboriginal girl, identified as Jane Doe, has filed a lawsuit against two OPP officers for tasering her in the leg while she was in her jail cell because, according to the lawsuit, she refused to stop chipping the paint off the wall. According to the lawsuit, she was at the OPP detachment following an arrest for drunk and disorderly conduct. The lawsuit claims that the incident was recorded on videotape. It also contains a statement from a doctor who reported observing twin burn marks on her thigh. In addition to damages, the family is seeking an order prohibiting the use of tasers on minors except in cases where life is at risk. According to the OPP, its professional-standards bureau conducted an investigation into the incident. It acknowledged that the girl was tasered. It also cleared the officers of any wrongdoing.

This summer, Michael Langan, a 17-year-old Aboriginal boy was tasered and killed in Winnipeg. He was a suspect in a theft. He is the youngest person to be killed by a Taser in Canada.

These and other cases has led to a call for a moratorium on the use of tasers on teenagers. See "Youth Moratorium" Globe and Mail (4 February 2009).

Second phase of Braidwood Inquiry into taser death of Robert Dziekanski under way

The second stage of the Braidwood Inquiry into the taser death of Robert Dziekanski at Vancouver International Airport on October 14, 2007 is now under way. This second stage involves providing the Dziekanski family with a complete record of what happened that day. The first stage involved hearings to enable the Commissioner, a former British Columbia Court of Appeal justice, to provide recommendations on the use of tasers by the police.

Posted by Professor Tanovich

Commission of Public Complaints against the RCMP launches Taser inquiry

On January 15, 2009, Paul Kennedy, Chair of the Commission for Public Complaints Against the RCMP (CPC) announced that his office has initiated a complaint and public interest investigation into the use of tasers by RCMP officers in circumstances where death ensued between January 1, 2001 and January 1, 2009. The inquiry will investigate whether the use of tasers in these circumstances complied with appropriate training and procedures. It will also assess the adequacy of the policies.

Since the tragic taser death of Robert Dziekanski at the Vancouver airport in October, 2007, the use of tasers has come under consideration attention. See "Law enforcement re-examines taser", Vancouver Sun (17/01/09).

Posted by Professor Tanovich