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 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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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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The Vancouver Police Department have a little-known, informal policy: it’s okay to drink on the beach if they say so.  The VPD says they’re not targeting those who sneak a sip of wine on the beach “discretely”, but rather are targeting what they call “rowdies”.

It’s a decent policy given the constraints of current municipal and provincial law, although the BCCLA might suggest that the issue is not the alcohol, but the conduct of the individuals involved which needs to be policed and that our laws - not the arbitrary decision of a police officer - should set out that distinction so that people may guide their conduct accordingly.

The RCMP may or may not take the same approach, but they are certainly cognizant that a technical enforcement of the law is not always the best policy.

Part 18.1, section 5.1.2 of the RCMP Operations Manual states the following:

Historically, it has been reported to the BC Civil Liberties Association that police have been seizing and dumping out alcohol on beaches, in one case leaving a large pile of beer cans on the beach before departing.  One wonders about the littering aspect, but possessing alcohol is not an offense, provided it is possessed for a legal purpose (like not drinking in public in an unlicensed venue like the beach).  If the police are going to seize alcohol, they are supposed to provide you with a receipt or ticket so that you may have the opportunity to challenge the seizure and retrieve your property.

The report by the Commission for Public Complaints Against the RCMP that clarified the legality of mandatory searches and the seizure of alcohol is essential beach reading.

Tags: 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.

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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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The Vancouver Sun asked in May whether Vancouver Police Department salaries may be excessive due to large amounts of overtime.  347 VPD employees earned $100,000 or more. Mayor Gregor Robertson was unperturbed by the costs, citing gang violence as a reason for the overtime.

It would be more cost-effective to hire officers than rely on overtime.  More than 20% of the VPD is paid $100,000 or more.  There are 1329 officers with the VPD.

One might question whether the overtime is necessary at all.  As the VPD ranks and budget increase, Statistics Canada revealed in 2008 that the crime rate in Canada is the lowest in 30 years, down 7% in 2007.  In the same year, VPD statistics revealed a 8.2% decrease in the crime rate.   Constable Tim Fanning stated that the Vancouver crime rate was similar to that of Miami, a patently absurd assertion.  In 2006, there were 19.6 murders per 100,000 in Miami.  In 2007, the equivalent figure in Vancouver is 2.41.

More than one quarter of the City’s budget is spent on the VPD.  Is Vancouver getting value for that money?

Tags: VPD
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A 55 year-old woman is in critical condition after being Tasered by a VPD officer in the Downtown Eastside.  Reportedly, she was threatening officers with a knife and advancing on them, but the officers did not deploy the device until a man intervened and attempted to disarm the woman.  She hit her head in the subsequent fall and is in critical condition with a brain injury.

Putting aside whether the use of the Taser is justified in this situation, it is often overlooked in discussions of Taser safety that injuries can occur not only because of the shock, but also from the subsequent fall.

Check out the story in The Province.

Tags: Taser, VPD
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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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The BC Civil Liberties Association and the Province expressed their satisfaction and thanks after VPD Chief Jim Chu offered an apology and policy changes to address the seizure of Province photographer Jason Payne’s camera.

On Tuesday morning, the BCCLA filed a policy complaint with the Vancouver Police Board citing incidents of alleged police interference with cameras and media. All three incidents were at the scenes of police-involved shootings. By the end of the day, the Province received a letter in which Chief Jim Chu apologized and outlined the reformed policy.

“As police officers we know, or should know, that media personnel have special protections in law, and that a search warrant is the appropriate legal mechanism to seize such evidence from a media person in these circumstances,” Chief Chu stated in the letter. “Unfortunately, the constable was not given the appropriate advice by a senior officer.”

In today’s Province, editor Wayne Moriarty stated “I am happy that Chief Chu has acknowledged that his officers breached their own policy in seizing Jason’s camera and I’m pleased that he has addressed this with his members.” Payne accepted Chu’s apology but rejected the chief’s claim that he “did not immediately identify himself as an employee of the Province newspaper.”

“I appreciate the explanation that Chief Chu has presented but I reject his claim that I did not identify myself immediately as a press photographer for the Province newspaper,” said Payne in the article. “The first thing I did when the police attention was drawn to me was to tell them that I was a press photographer for the Province newspaper. I was there in an official capacity as a journalist and I reject that claim that I did not announce who I was immediately.”

All in all, it was a quick victory for all involved. “I think that Chief Chu recognizes that the officer and the senior officer both acted without legal authority in what they did, and that the citizens need a media that is free from inappropriate interference by the police,” said David Eby, Executive Director of the BCCLA. “We congratulate the VPD in being able to recognize mistakes and moving quickly to correct policy. These are the hallmarks of a police department interested in accountability.” Eby also thanked the Province newspaper staff on behalf of the BCCLA for having the courage to report on the incident, noting that their actions in bringing the case forward have helped improve working conditions for all journalists in Vancouver.

The new VPD policy is described in a “Bulletin” which recognizes that police do not have a blanket ability to take cameras from either members of the public or the media. According to the new policy, police may only seize cameras in instances where there is an arrest, a warrant permitting seizure, or officers have a reasonable concern, grounded in evidence, that the person taking the pictures or video may not be locatable or will destroy the evidence. The BCCLA will be continuing with its policy complaint to ensure that the Vancouver Police include the bulletin as part of their formal policy manual on which all new recruits are trained.

Read VPD Chief Jim Chu’s letter to Wayne Moriarty, the clarification of standards for seizure of video equipment from citizens and media and the article in the Province.

Tags: BCCLA Police Complaints, Freedom of Expression, Privacy, VPD
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