RCMP Commissioner William Elliott will be seeking changes to the RCMP Act that will broaden disciplinary options and make it easier to dismiss officers for gross misconduct.  Elliott argues that without legislative change, disciplinary options in serious offenses are overly lenient and often take years to resolve.

The BCCLA has witnessed how long it can take for investigations to take place.  Most of the complaints the BCCLA makes are unresolved for years.  One of the main problems reported to the BCCLA about the police complaint process is that if officers are found at fault, disciplinary measures are inadequate.  If Commissioner Elliott can change the process so that discipline does occur when officers are found to have broken their code of conduct, this would be a huge improvement to the system.

Discipline aside, it’s important to note that in many of the most egregious cases, the RCMP has found no fault at all: Ian Bush, Kevin St. Arnaud, Clayton Willey, and Robert Dziekanski, and that in the history of British Columbia, not a single police officer has faced a criminal charge arising from a police-involved death. What good are better sanctions if you can’t see any problems in the first place?

Check out the story in the Vancouver Sun.

Taser guidelines spread to Alberta

Author: Jesse Lobdell

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.

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.