Manitoba policing agencies review RCMP's new Taser policy

Go Manitoba!! Now, there remains only NINE more provinces that need to distribute the RCMP's new policy on taser use to ALL municipal police agencies: British Columbia, Alberta, Saskatchewan, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland.

"[Attorney General Andrew] Swan said his office WILL NOT ORDER municipal police agencies to adopt the new RCMP standards. That will be UP TO THEM he said, adding the RCMP tend to be "PERSUASIVE" when policies change."

The pressure is on - I'm sure Manitoba and the other nine provinces will eventually come around and do the right thing.

WINNIPEG -- The RCMP’s new policy on Taser-use has been distributed to all municipal police agencies in Manitoba, Attorney General Andrew Swan said Wednesday.

Swan said Manitoba Justice officials forwarded the policy Wednesday so that each of the 13 municipal forces, including the Winnipeg Police Service, were aware of what the Mounties were doing.

The RCMP introduced the new policy Tuesday. The revamped operational manual says officers should limit Taser use to incidents in which a person is "causing bodily harm" or will "imminently" lash out.

The new RCMP policy also says that when possible, Mounties should warn suspects they’re about to be zapped.

The directive mirrors a recommendation from former judge Thomas Braidwood, head of a B.C. public inquiry on Taser use prompted by the 2007 death of airline passenger Robert Dziekanski at the Vancouver airport.

The change also comes in response to criticism from human-rights advocates that the Taser was often being used to make people comply with police commands, not to defuse the most serious threats.

Swan said his office will not order municipal police agencies to adopt the new RCMP standards. That will be up to them he said, adding the RCMP tend to be "persuasive" when policies change.

Winnipeg Police Service spokesman Const. Jason Michalyshen said in a statement city police are satisfied with their current policy.

"The Winnipeg Police Service is aware of changes made to the RCMP policy and have reviewed their report," Michalyshen said in an email. "The Winnipeg Police Service is satisfied with its current policy as it is based on the totality of circumstances involved in each encounter and places the onus on the officer to justify and articulate its use."

Two years ago Michael Langan, 17, died after he was tasered by city police in a William Avenue back alley.

Two police officers had chased the teenager there after he stole something from a nearby car. An officer stunned Langan after he allegedly threatened officers with a knife. An autopsy report says Langan’s death was caused by a heart arrhythmia brought on by the Taser shocks. His family have said they intend to sue Taser International. A provincial inquest will also be called.

The RCMP policy also says multiple firings of the Taser may be hazardous. It also reinstates direction that officers must not use the stun gun for more than five seconds on a person and should avoid multiple bursts unless necessary.

Taser killed Canadian teen Michael Langan - family sues Taser International

March 27, 2010
By Gabrielle Giroday, Winnipeg Free Press

The family of a Winnipeg teen who died after police stunned him with a Taser in July 2008 plans to sue the weapon-maker after an autopsy linked his death to the weapon, the family's lawyer said.

Autopsy results obtained by the Winnipeg Free Press say Michael Brian Langan, 17, died after police shocked him twice with a Taser in a city back lane in July 2008.

Police and witnesses said officers chased Langan down the lane after he broke into a car, and then shocked him after he refused to drop the knife he was brandishing.

The autopsy report says Langan's death was caused by a heart arrhythmia brought on by the Taser shocks.

The report indicates two darts hit Langan above his collarbone and on the left side of his chest.

Contributing to the death was a heart abnormality Langan had, as well as running from the police before he was shocked, says the report.

After Langan's death, his mother called on police to suspend their use of stun guns, saying she believed the Taser was connected to her son's death.

"This confirms it. There's no question about that," said lawyer Jay Prober, who represents Sharon Shymko, Langan's mother.

The report indicates Langan had injuries on his scalp, trunk and arms and legs as well as a high volume of alcohol in his system. The teenager also had marijuana in his system, the report says.

Prober said the family is planning a lawsuit that would "especially" target Taser International, the Arizona-based manufacturer of the stun guns Winnipeg police carry.

He said the family will also seek government funding to have counsel at the inquest into Langan's death.

"They don't have money," said Prober.

Taser International, which did not have access to Langan's autopsy report, issued the following comment Friday:

"TASER stands behind the safety of its products but it is our policy not to comment on a tragic death without having been provided any factual documentation whatsoever. We do know that TASER devices save lives and reduce injuries to officers and suspects," said the statement.

Dr. Thambirajah Balanchandra, Manitoba's medical examiner, said he has not called an inquest into the death yet because he is awaiting word from Manitoba Justice and the Winnipeg Police Service on whether criminal charges will be laid. Under the province's Fatality Inquiries Act, an inquest is called in all cases in which someone dies in an incident involving on-duty police.

"We're obviously waiting anxiously for dates (for the inquest) to be set," said Prober.

A spokesperson for Manitoba Justice said it has not received a request for funding yet from the Langan family.

"Should the family request funding when the inquest is called by the Chief Medical Examiner, their request will be considered in light of the policy currently being developed," she said.

The spokesperson said, in a prepared statement, the government supports the use of stun guns by police. "We believe that officers should have access to the best equipment possible in order to keep themselves and Manitoba communities safe.''

Prober said Langan's family still has questions about the teen's death which could be answered at the inquest.

"We know what the cause of death was, but what prompted the police to use the Taser in these circumstances?" said Prober.

"Was it one of those Tasers that emitted a stronger shock than it was supposed to?"

In October 2009, Taser International sent out a directive to people using stun guns to avoid targeting the chest area. Instead, the company encouraged them to stun the "lower centre of mass (below the chest) for the front of the body, and below the neck for the back."

"Should sudden cardiac arrest occur in an arrest situation involving a TASER electronic control device (ECD) discharge to the chest area -- plaintiff attorneys will likely file an excessive use of force claim against the law enforcement agency and officer and try to allege that the (stun gun) played a role in the arrest related death by causing ventricular fibrillation (VF), an arrhythmia that can be fatal without intervention," said a Taser release.

"The available research does not support this and demonstrates that while it may not be possible to say that (a stun gun) could never affect the heart under any circumstances, the risk of VF is extremely rare and would be rounded to near zero."

The Winnipeg Police Service also recalled 50 older models of the stun guns in December 2008, along with other police agencies in the country.

The move came after CBC News and Radio-Canada tested some X26 Tasers made before 2005 and found some delivered more electricity than promised.

Police told the Free Press in December 2008 there was no indication one of the recalled weapons was connected to Langan's death, but the possibility was being investigated.

Outside police agency to investigate Taser allegations against Manitoba RCMP

December 21, 2009
The Canadian Press

WINNIPEG — An outside police force is going to investigate a Manitoba man's allegations that RCMP officers used excessive force in firing a stun gun at him.

Matthew Gray of Portage la Prairie says he was beaten and hit with a Taser while he was handcuffed in an ambulance in 2003. Gray filed a private prosecution against several RCMP officers, and Manitoba Justice has appointed a special prosecutor to take over the case.

That prosecutor, Marty Minuk, told court an outside police agency will investigate the allegations and report back in the new year.

Gray, who is 47, is a former soldier who suffers from post-traumatic stress disorder and called a hospital psychiatric ward for help in June 2003.

RCMP court documents say Gray was handcuffed at his own request and became extremely aggressive in the ambulance.