First it was four shootings in eight days, now it’s five in twelve.  These five shootings, with three fatalities, involve BC police forces.  Four of the five shootings involved RCMP officers.  The RCMP in BC are responsible for more than half of the RCMP’s in-custody deaths, despite accounting for only one third of the RCMP’s forces in Canada.

A man was fatally shot yesterday after a reported 4-day standoff with police in Buick creek, near Fort St. John.

Eugene Knight was fatally shot by Vancouver Police on September 19th.

Bill Gillespie was shot in Chemainus after a traffic stop by North Cowichan/Duncan RCMP.

Surrey RCMP peppered a reportedly stolen car with bullets after the unknown male driver fled a parking lot in Langley, striking a civilian vehicle, a police cruiser and a plainclothes officer.

Rodney Jackson was fatally shot by Hazelton RCMP when officers attended his grandfather’s cabin to arrest him on outstanding warrants.

Beyond the brief information contained in the newspapers, little is known about these incidents.  The BCCLA, the RCMP and BC’s police chiefs are all in agreement that a civilian-led agency needs to investigate police shootings and deaths in custody, although the BCCLA argues that only a civilian-staffed agency can eliminate any perceptions of bias and restore public confidence in the police.

The issue is not whether any of these dead men were good or bad people or whether investigating police officers is somehow an affront to the dignity of their public service.  The issue is about ensuring that when the government uses lethal force against its citizens, a transparent and thorough investigation occurs to ensure that the use of lethal force was justified.

The BCCLA will be filing police complaints for each of the cases, currently the only way the circumstances of police shootings and deaths in custody can be known outside of police circles until a coroner’s inquest takes place, usually years later.

Check out the latest story in The Province.

Tags: BCCLA Police Complaints, Death In Custody, RCMP, Transparency, VPD
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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.

Tags: BCCLA Police Complaints, Death In Custody, RCMP, Taser
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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.

Tags: BCCLA Police Complaints, Search & Seizure, VPD
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BC Transit has announced a policy not to allow alcohol on Victoria’s transit vehicles on Canada Day, stating that service will be “monitored” and customers will be asked to demonstrate compliance.  Those who refuse to be searched will apparently not be allowed to board transit vehicles.  The news release included a comment from the Victoria police chief applauding this policy.

The policy is simply unlawful, and the BC Civil Liberties Association is advising victims of this policy to consult legal counsel about bringing a class action or other civil suit should they be subjected to an illegal search.  People who feel compelled to submit to a search, even if they consent to such a search in order to board a bus, may argue that they have been subjected to unlawful detention and search.  As a matter of law, the police must catalogue all seized property so that it can be reclaimed or individuals can be compensated for lost or destroyed legal property.

It’s not just the BCCLA calling the searches unlawful.

In 2008, the BCCLA filed a complaint against the Victoria Police Department and four other police departments in the capital region for implementing a program of mandatory searches for alcohol on Canada Day.  The Commission for Public Complaints Against the RCMP agreed to do a public interest investigation based on the complaint, ultimately finding that the practice was unlawful on many levels.  The CPC report went so far as to say that even search checkpoints based on consent are “potentially irreconcilable with ensuring that the citizen is aware of the right not to be searched.”

The CPC report examined the British Columbia Transit Act and found that

“The transit employee’s power to deny the use of a transit vehicle is contingent upon the person’s disobedience of a sign or failure to comply with rules.  The disobedience or failure must be established before the employee may take such action.  The regulation does not authorize the transit employee to search the passenger or would-be passenger in order to determine whether the person is disobeying or not complying.  It is not the source of a power to search passengers’ bags.”

RCMP Commissioner William Elliott agreed with the CPC report and stated that

“the British Columbia Transit Act and Transit Conduct and Safety Regulation do not authorize searches of passengers’ bags at the bus stops.”

As a result of the CPC report, Commissioner Elliott has expressly directed RCMP members not to participate in mandatory search programs.  The RCMP will police public drinking and intoxication with police presence, a method that works without any intrusion into civil liberties.  The Victoria Police Department seems determined to waste time and energy on unlawful searches.  And now they seem determined to waste the City of Victoria’s budget defending lawsuits.  Clearly the police need to find another way.

It shows real scorn for the law to implement a policy known to be unlawful.

Tags: BCCLA Police Complaints, Search & Seizure, Victoria PD
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A little more than two months after Province photographer Jason Payne’s camera was seized by the police, the VPD have issued written policy to prevent such an incident from happening again.  The VPD should be applauded for their quick and decisive action in remedying this policy gap.  The BCCLA intends to withdraw its complaint regarding the incident.

Const. Lindsay Houghton says the policy “has always been there, but now we’re putting it in writing and making it official in our regulations manual”.  The newly written policy states that officers must have consent or a warrant to take a member of the public’s property, unless they reasonably (based on articulable facts) believe evidence will be lost or destroyed if they don’t seize the property, or the person is under arrest.

It’s unfortunate that Houghton states that obtaining a warrant could stall an investigation.  Due process is not an inconvenience for police officers, it is their duty.  As well, officers must also explain the details of when property will be returned in order to obtain proper consent.  RCMP officers originally told Paul Pritchard they would keep his video footage for a day or two, but once in their hands, the RCMP stated that they would keep the footage for 1.5 to 2.5 years.  Mr. Pritchard was forced to threaten to sue the RCMP to regain his property.  The BCCLA made a police complaint stating this was active suppression.

The Province reported the policy change today and check here and here for further background on the story.

Tags: BCCLA Police Complaints, Freedom of Expression, Search & Seizure, VPD
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It was a not a bit frustrating to issue the press release below, whose headline was the headline of this posting. The BCCLA worked hard to try to recover the alleged video from Adam’s cell phone, and in the process realized that the state of technology for data recovery from cell phones could generously be described as, ahem, primitive.

Beyond the issues listed in the press release, this situation underlines the challenges of our front line work. As a lawyer at the Department of Justice, on accepting my job at Pivot, I was taken aside by a senior lawyer who advised me: “Never trust anyone.” He was suggesting that, as an advocate, and a lawyer, that I take my clients’ versions of events with a grain of salt and not invest personal credibility in something they told me happened. It was generally good advice, if a bit cynical.

At the BCCLA, at some point, we need to place some trust in the people who come forward with what might, at first glance, appear to be outrageous allegations. “I was taken to Stanley Park and beaten up by six police officers,” or “I was put in a bunny suit and made to pose for trophy photographs by police officers in the jail,” and “I was beaten up and robbed by three off duty police officers who told me not to call 911 because they were the police,” are all examples of events, validated by video, photographs or police witnesses, that might otherwise have been ignored or dismissed as too bizarre to be true.

What are we to do with allegations not supported by these kinds of incontrovertible evidence? Allegations that have the ring of truth, that are consistent with other concerns we have heard from other people?

The BCCLA’s role is to vet complaints as best we can and take them forward to the public when necessary to raise broader issues of public policy. While, unfortunately, we may never know conclusively whether or not Adam’s video ever existed, we were able to change VPD policy on handling cameras in the possession of the media or the public, giving the BCCLA yet another reason to trust again when someone comes forward asking for help.

Incidentally, members and supporters may be interested to know that the actual cash cost of the recovery effort was paid for by two media outlets.

————-

Two months of effort by three different data recovery companies to recover an allegedly deleted cell phone video of a police shooting has ended in a frustratingly inconclusive result for the BC Civil Liberties Association. The data recovery companies have not been able to recover any part of the video or even say, one way or another, whether the video ever existed.

On March 20, 2009, Michael Hubbard was shot and killed by police after being mistaken for a petty thief. Adam Smolcic, a bystander who says he filmed the incident on his cell phone, claims that shortly thereafter a VPD officer confiscated his phone and deleted the video he had just taken.

In the end, the BCCLA did not have the resources to initiate further attempts to recover Mr. Smolcic’s video.  The next level of data recovery that involves disassembling the phone would cost thousands of dollars.  Neverthelles, there is still opportunity for transparency and openness, and the BCCLA called on the VPD and Abbotsford Police who is investigating the shooting to release surveillance video of the shooting to the public, or at the very least to the family of Mr. Hubbard.

Last month, VPD Chief Jim Chu wrote a memo to all VPD officers and civilian staff in which he suggested that security camera footage showed Hubbard advancing on the officers. Some early witness accounts suggested Hubbard was standing still when police opened fire.

Mr. Smolcic’s allegation, coupled with an allegation made by a Vancouver Province photographer, caused the VPD to change their policy on seizing cameras from members of the public and the media.

The BCCLA will be returning the cell phone to Mr. Smolcic. The total cost of the data recovery effort was slightly in excess of $750 USD. The BCCLA’s data recovery attempts were greatly assisted by Simon Feay of Aceon Data Recovery, a Vancouver-based data recovery firm.

Tags: BCCLA Police Complaints, Death In Custody, VPD
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BC Police Complaint Commissioner Stan Lowe announced yesterday that a public hearing will be held on the unlawful detention and abuse of force by two Victoria police officers after they detained  15-year-old Willow Kinloch.

Kinloch was handcuffed and tethered by the ankles in a cell for four hours.  Kinloch filed a police complaint, which cleared the officers of wrongdoing.  In 2008, a BC Supreme Court jury awarded $60 000 to Kinloch. Ms. Kinloch was awarded costs in the suit as well.

Retired provincial court judge Allan Filmer will be the adjudicator at the public hearing and Victoria lawyer Brad Hickford has been appointed as commission counsel.  Coinciding with the BCCLA complaint in January, 2008, the Office of the Police Complaints Commissioner ordered an external investigation under the Police Act when the Victoria Police Department made public statements that appeared to bias the investigation. The investigation was conducted by Vancouver police, which ultimately cleared the Victoria Police Department of wrongdoing, stating that the allegations against the officers were “unsubstantiated” despite the video of the incident.

You can check out video of the incident, the BCCLA’s complaint and the article in the Vancouver Sun.

Tags: BCCLA Police Complaints, Victoria PD
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Vancouver resident Todd Baiden was awarded $94 000 by a BC Supreme Court Jury after being assaulted by six officers.  Baiden also filed a police complaint, which cleared the officers of wrongdoing and placed the blame on Baiden.  Todd Baiden was represented by Cameron Ward, a strong advocate for police accountability.

There is certainly a legitimate perception of bias, but more may be at work.  Police investigators are under the impression that there is a higher burden of proof for police complaints, somewhere between the civil “balance of probabilities” and the criminal “beyond a reasonable doubt”.

The BCCLA has called for a public boycott of the police complaints process when a civil suit is an option.  As you can see, civil suits are more likely to succeed.

Read more about the story at The Province.

Tags: BCCLA Police Complaints, VPD
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Today, the Commission for Public Complaints Against the RCMP (CPC) released its final report on the in-custody death of Kevin St. Arnaud.  The report clears the officer involved, but offers sharp criticism of the RCMP internal investigation.  The investigation took four and a half years.

The death of Kevin St. Arnaud is a shining example of why the police should not investigate themselves when it comes to in-custody deaths or serious injuries. A witness stated at the coroner’s inquest that Mr. St. Arnaud put his hands up and surrendered to RCMP constable Ryan Sheremetta. Constable Sheremetta’s account was found to be inconsistent with ballistics evidence, forensics experts and another RCMP officer who witnessed the shooting. And yet, the Chair of the CPC, Paul Kennedy, has decided that Sheremetta acted in self defence.The  investigation that assessed Constable Sheremetta’s actions is, according to Kennedy, “inadequate” and “lacking impartiality”.  The RCMP have accepted this finding.

Whether it be Mr. St. Arnaud, Ian Bush, Robert Dziekanski or the countless others that have died in police custody, the public is never going to have confidence in an internal investigation. These investigations need to be done by a civilian investigation team like Ontario’s Special Investigations Unit (SIU) or similar agency. The usual argument against such a change is that police agencies are capable of impartial and unbiased investigations, an argument dismissed in jurisdictions like England and Ontario, among others, as well as by William H. Davies, Commissioner of the Frank Paul Inquiry.  Many also argue that only the police have the skills to investigate these matters.  This argument has also been dismissed, for example, by Andre Marin, Ombudsman of Ontario and former head of the Special Investigations Unit in Ontario.

The BCCLA has pushed for an SIU in BC for years, and we’ve been joined by numerous others: William H. Davies, Andre Marin, Linda Bush (Ian Bush’s mother), Cameron Ward (a Vancouver lawyer who has represented a number of families whose relatives died in police custody including the families of Kevin St. Arnaud, Kyle Tait and  Donald Lewis), and countless other individuals and community organisations.  Manitoba recently made a decision to create an SIU, which shows that change can happen.

Watch the CBC’s report.

Cameron Ward has written on his blog about the findings of the Coroner’s inquest.

Tags: BCCLA Police Complaints, Death In Custody, RCMP
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