The Braidwood inquiry was thrown into an uproar today after a Department of Justice lawyer representing the RCMP made a late disclosure of an email exchange between two senior RCMP officers just as closing submissions were about to begin. The BCCLA is a participant at the inquiry.

The email was an exchange between the two most senior officers in the “E Division” of the RCMP, and suggests that the four RCMP officers went into the airport planning to taser Mr. Dziekanski before they even saw him. At the inquiry, the four officers denied that they had discussed a plan in advance of arriving at the airport.

The email, however, suggests that one or more of the officers told their superiors around the time of the incident the exact opposite. Further, the email suggests that they contemplated using the taser not in accordance with RCMP policy and training.

The e-mail from Supt. Dick Bent to RCMP Assistant Commissioner Al Macintyre, dated Nov. 5, 2007, said: “Finally, spoke to Wayne [Rideout] and he indicated that the members did not articulate that they saw the symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply that they would go to CEW (conducted energy weapon).”

The issues raised by the email are highly relevant and go to the very core of the inquiry’s mandate. The public deserves a full explanation of the email’s contents and its drafting, and significantly, why it wasn’t disclosed many months ago. Further, the public’s confidence in the RCMP has been shaken and we need assurances that the RCMP is disclosing all relevant materials.

Inquiry Commissioner Thomas Braidwood said that he was “appalled” that the RCMP had not disclosed the information months ago, and ordered that the inquiry be postponed so that the contents of the email could be investigated. He stated that further evidentiary hearings may be required.

Commission counsel Art Vertlieb, who outlined the e-mail suggested that it may be necessary to recall the four officers to testify again. The senior RCMP officers involved in the email exchange likely will have to testify as well. The e-mail, written on Nov. 5, 2007, was disclosed only this week by the federal Justice Department to commission counsel.

The late disclosure of this document has disrupted months of work. We’re shocked that the email wasn’t disclosed to the commission and participants months ago, and call upon the RCMP to provide the public with complete assurances that full disclosure has been made. The public has the right to know why the RCMP did not disclose the email until after the four officers testified.

Grace Pastine is the Litigation Director and is counsel for the BC Civil Liberties Association at the Braidwood Inquiry

The transcript of the email as read at the inquiry is below.

E-mail sent Nov. 5, 2007

From: Dick (Richard) Bent — ‘Media Strategy — Release of the YVR Video’

To: Al Macintyre

Al, spoke with Wayne Rideout today about our strategy for the release of the video. He had a couple of concerns.

First, he didn’t think we should be providing any explanation for what was transpiring but instead just say the inquest will take evidence under oath, etc. I went through the rationale and said we need to have an explanation otherwise our detractors will put their own spin.

Second, as we’re going to have someone speak to this, he suggest that it should be someone other than (RCMP spokesman Cpl.) Dale Carr otherwise we may lose the perception of independence. He would rather have someone separate from IHIT (Integrated Homicide Investigation Team) do this. We both think a use of force expert would be ideal. Gregg Gillis has not been involved in this investigation so is independent. I suggest we have Gregg do the narrative of what is happening.

Finally, spoke to Wayne and he indicated that the members did not articulate that they saw the symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply that they go to CEW (Conducted Energy Weapon commonly known as Taser). He had asked investigators for a synopsis and should have it by noon tomorrow.

(Signed) Dick

Transcript source: The Province

Tags: Braidwood Inquiry, Death In Custody, RCMP, Robert Dziekanski, Taser

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