Police Blog
Aug
21
2009
The Office of the Police Complaint Commissioner is ending its investigation of Solicitor General Kash Heed into allegations the former Chief of the West Vancouver Police Department intervened inappropriately in an investigation.
Check out the story.
Aug
21
2009
In a ruling last week, the Law Enforcement Review Board ordered Edmonton Police Chief Mike Boyd to lay several charges against Constable Mike Wasylyshen after Wasylshen Tasered 16-year-old Randy Fryingpan eight times in one minute while Fryingpan slept. The incident occurred 7 years ago. Observers are asking whether the delay is due to the fact that Wasylyshen is the son of the former chief of the Edmonton Police.
Check out the story.
Aug
14
2009
The BC Coroner has scheduled an inquest for November 2009 to probe the in-custody death of Robert Knipstrom in November 2007. The inquest will occur two years after Chilliwack RCMP officers used batons, pepper spray and a Taser on Knipstrom. The cause of Knipstrom’s death has never been released. The BCCLA filed a police complaint shortly after Knipstrom’s death, which will not proceed due to a subsequent complaint initiated by the Commission for Public Complaints Against the RCMP.
For deaths in custody, coroner’s inquests should be automatic, timely, and include funded legal counsel for the family. Conduct investigations also ought to be automatic, timely and released to the public whenever deadly force is used.
It is unfortunate that the BCCLA must initiate complaints in order to obtain information about in-custody deaths. It is unfortunate that the BCCLA seems to be the only organisation that does this in Canada. It is unfortunate that the quest for accountability is met with resistance, hindrance and delay. Robert Knipstrom’s family, his friends, and the public deserve better.
Aug
14
2009
After an investigation by the RCMP, Crown has opted to charge a Kelowna RCMP officer with the careless use of a firearm following an shooting incident in February. This follows an investigation by the RCMP and a use of force expert. The RCMP has not, and will not, release any details, as they advise us the matter is before the Court now. The name of the officer will not be released until the officer’s court appearance on August 27th.
The only detail we can be certain of is that the suspect is known to police.
Aug
11
2009
Paul Kennedy, chair of the Commission for Public Complaints against the RCMP, has concluded an investigation of the police complaint process and recommended that the RCMP cease its practice of self-investigation when RCMP officers cause serious injury or death. Kennedy, however, did not recommend completely independent investigations. In cases of death, Kennedy recommends that the investigation be done by a provincial criminal investigation unit or an external police service. In other cases, Kennedy recommended enhanced civilian involvement by including in he investigation team a civilian observer from the CPC. The CPC implemented the observer program in British Columbia in 2008 after it began as a pilot project in 2007.
It is unfortunate that Kennedy’s solution to the problem of the police investigating the police is to solve it with different police investigating the police. Ontario and Manitoba, along with numerous jurisdictions outside of Canada, have opted to create an independent civilian agency, or Special Investigation Unit, to investigate instances of serious injury and death caused by the police. In instances of serious injury, rather than have a special police unit conduct investigations overseen by an observer program, it would be simply better to refer such investigations to the same special investigation unit that investigates police-involved deaths. Kennedy recommends multiple solutions where one would suffice.
Kennedy’s recommendations go against his very argument. He states that “the very nature of an investigation by one police officer into another is fundamentally different from the police investigating a member of the public for the exact same crime. Police are held to higher account by the very nature of the work they do.” Rather than advocating for an independent special investigation unit, he speaks of investigations by external police forces and observers. However, an investigation by an external police force is still self-investigation, police investigating police. An observer program relies entirely on the information provided by the RCMP, and by its own admission, “it is not the goal of the CPC Independent Observer to assess the adequacy of the RCMP’s investigation“.
The idea of a special investigation unit is often attacked by those who claim that only the police have the skills and wherewithal to conduct an investigation. The idea that there is some divine right of investigation is absurd: many professions besides policing require knowledge of the legal system and investigative skills. In addition, Kennedy’s report is hardly reassuring to those who suggest Police would do a better job of these investigations than civilians.
Though not ideal, what Kennedy proposes is still better than what currently exists. In his report, Kennedy analyses 28 cases of self-investigation and paints a clear picture of the numerous problems that exist within the model of self-investigation.
For instance, he notes that in 68% of the cases under review, investigations were handled in an “inappropriate” manner. He also finds that in 25% of cases, investigators said they knew the officer they were investigating personally. And almost one-third of investigations were carried out by officers of an equal or lesser rank than the officer they were investigating, which created significant potential for intimidation.
In response to the recommendations in the report, RCMP Commissioner William Elliott has stated that “we [the RCMP] agree in principle with your assertion that although all Canadians, including RCMP members, are entitled under the Canadian Charter of Rights and Freedoms to be treated equally under the law, criminal investigations of RCMP members may necessitate different treatment from a procedural point of view.” Commissioner Elliott has promised that forthcoming policy changes will address many of the concerns raised by Kennedy’s report.
Check out the final public report by the CPC.
Aug
4
2009
BC Solicitor General Kash Heed recently ordered all of BC’s police, RCMP and municipal, to follow new rules for using Tasers. The rules came from the Commissioner Thomas Braidwood’s report from last year’s Taser inquiry, but still fall well short of an absolute moratorium, as called for by the BCCLA.
Last Friday Alberta’s Solicitor General Fred Lindsay followed suit, with Tasers to be deployed only when an officer believes “there is a real likelihood of injury to the officer, subject, or bystanders.” The Taser is not to be used when a person is fleeing the police. Surprisingly, using a Taser on persons in handcuffs was not ruled out, with the policy stating that “careful consideration must be given prior to the use of a [Taser] on a subject restrained by handcuffs or any other restraint”.
The policy does not state what considerations one would need to face in order to determine that someone in handcuffs created sufficient risk to a trained and fully armed police officer for Taser use to be justified.
Restrictions on use are also coupled with new reporting rules. Police officers must now report the circumstances of every use of the Taser to the Solicitor General for assessment. If deployment is deemed inappropriate, the Solicitor General’s office can issue warnings or remove Tasers from an officer or a police force.
Check out the new Taser policy for Alberta police issued by the Alberta Solicitor General.
Check out the CBC article.
Jul
29
2009
The Office of the Police Complaint Commissioner (“OPCC”) has just released its Annual Report for 2008. Although many of the numbers have remained largely unchanged since 2007, there has been a significant increase in the number of complaints filed in New Westminster (from 17 in 2007 to 45 in 2008)
In addition to New Westminster, South Coast of British Columbia Transportation Authority Police Service officers (“SCBCTAPS”), also known as the Transit cops, have received significantly more complaints this year than last year - 18 in 2007 compared to 28 in 2008.
The transit police also received notably more complaints than any other region for Excessive use of Force with Tasers (18 out of 34 complaints for Taser use were directed to SCBCTAPS).
Finally, as has been the trend in recent years, of all of the various categories of complaints, the OPCC received the most complaints for Abuse of Authority (514 out of 989 complaints).
The BCCLA and Pivot Legal Society boycott of the police complaint process continues, which may explain why Vancouver’s numbers have been flat as of late. Either that, or the local police are just doing a better job of behaving themselves.
Jul
28
2009
The BC Civil Liberties Association has received information that the Vancouver Police Department implemented a policy of unlawful mandatory searches during the Celebration of Light fireworks. The BCCLA has accordingly filed a policy complaint under the Police Act against the VPD.
In January 2009, the Commission for Public Complaints Against the RCMP released a report in relation to a similar complaint arising from events in Victoria, BC, analysing the law in BC regarding mandatory searches for alcohol. The report ultimately found mandatory searches to be unlawful. The report went so far as to say that search checkpoints, even if based on apparent consent, are “potentially irreconcilable with ensuring that the citizen is aware of the right not to be searched.” As a result of the CPC report, RCMP Commissioner Elliott has expressly directed RCMP offers not to participate in mandatory search programs.
A witness observed pedestrians in English Bay being randomly approached by VPD officers who asked to search their personal belongings. The witness approached the VPD officers and inquired about VPD authority to search for and seize alcohol. The VPD officers responded by falsely claiming that this practice is consistent with the Liquor Control Act.
Simply put, suspicion is not reasonable grounds for a search. The CPC report makes that clear:
It is not enough [grounds for a law enforcement officer to justify a search] to believe that some, or many, or most, people in a particular group are in possession of liquor for an unlawful purpose.
The CPC report clarifies the law, that mandatory searches for alcohol are unlawful. It appears that the report has been ignored by the VPD, who continues to direct its officers to conduct mandatory searches for alcohol at large-scale events. The Celebration of Light is one among many of Vancouver’s large public events, which include the Pride Parade, and the upcoming Olympic and Paralympic Games. The BCCLA is alarmed by the police resistance to end mandatory searches. These actions will not only affect residents of Vancouver, but the reputation of Vancouver as a tourist-friendly city in a country which respects the rights and freedoms of its citizens and its guests.
Check out the report by the Commission for Public Complaints Against the RCMP.
Check out the letter of complaint.
Jul
25
2009
Thomas Braidwood has released his report on the public inquiry probing the police use of tasers. Braidwood concluded that tasers are useful and beneficial, but can cause death and serious injury. This finding prompted his recommendation that the police should deploy a taser only when someone is causing bodily harm or there is reasonable belief that someone will imminently cause bodily harm. Braidwood’s 19 recommendations are reproduced below.
Immediately following the release of the report, BC Solicitor General Kash Heed praised the report as “perhaps the most comprehensive examination of (tasers) anywhere in the world” and ordered all police, sheriffs and corrections officers in BC to incorporate Braidwood’s recommendations into policy and “severely restrict the use of the stun guns.” In contrast, the RCMP released a statement that effectively said the RCMP will not comply with Braidwood’s recommendations, supposedly until they have had full opportunity to review the report. This recalcitrance prompted a sharp rebuke, with Mr. Heed stating that compliance is required from all police in BC, which includes the RCMP, and that compliance was a precondition for the renewal of the RCMP’s contract in BC which ends in 2012.
Kash Heed deserves credit for asserting his authority and ensuring that the RCMP is held accountable to our provincial government and the citizens it serves. His position is unequivocal and uncompromising, stating “I am quite confident those organizations will follow the directive that was received today. I expect it to be followed.” RCMP officers are now forced to choose between following the directive issued by Heed, or flaunting the findings and recommendations of an independent provincial inquiry. Let us hope that a wave of cautious pragmatism moves through the ranks that Creditable Conduleads to compliance.
Braidwood is critical of the provincial government for “abdicating” its responsibility to establish taser standards to ensure the weapon was safe for use and used safely. While the province’s responsiveness today is praiseworthy, we must not forget that it was preceded by years of inaction and avoidance.
Jul
20
2009
Rafe Mair, honorary director of the BCCLA and longtime defender of free speech, criticises the Olympic security plan in the Tyee.