TASER: The Whole Story

October, 15, 2012
http://re-sergeance.net/2012/10/15/taser-the-whole-story/

Dear Zofia,

In memory of Robert and all those who have lost their lives proximal to a TASER.  A promise not forgotten.

Dr. Mike Webster’s Presentation to:
Special Committee to Inquire into the Use of Conducted Energy Weapons
and to Audit Selected Police Complaints
Monday, October 15, from 10:45 to 11:30 a.m.
Douglas Fir Committee Room, Room 226, Parliament Buildings.

Preamble

I would like to thank the committee for inviting me here today. I am a Registered Psychologist (in private practice) that has worked in the area of police psychology for over 30 years. I completed basic police training at the RCMP Training Academy (Depot Division) in 1988. I specialize in the area of crisis management and have experience in the application of force across a broad array of police tasks including: hostage/barricade incidents; kidnappings; incidents of public disorder; and crisis intervention. I have been instrumental in the creation and delivery of crisis intervention, crisis negotiation, and incident command courses from the Canadian Police College (Ottawa, Ontario) to the B.C. Police Academy (New Westminster, B.C.). I have been an adjunct lecturer at the FBI Training Academy. I have consulted internationally and with several law enforcement agencies including: Colombia, Mexico, Singapore, Brazil, the United Arab Emirates, Hungary, Iceland, Sweden, Australia, and Europol. I have consulted operationally at a variety of incidents including: the old BC Penitentiary (hostage takings); Waco, Texas; Gustafsen Lake, B.C.; Jordan, Montana; Ft. Davis, Texas; the G8; the G20; Apex Alpine; and numerous kidnappings from Iraq to Indonesia, and Kashmir to Colombia. I am familiar with both Use of Force Models; the RCMP’s Integrated Model of Incident Management and the National Use of Force Framework. I provided testimony at both phases of the Braidwood Commission of Inquiries.

I assume that your committee invited me here today to comment on my experience in the implementation of Justice Braidwood’s recommendations in the areas of crisis intervention and training; as I have noted, areas of specialty and experience for me. As I was not invited to be a part of that implementation process, I can only make general comment on what has been done by others. I am more than willing to answer any questions you may have in those areas of police work following my presentation. However, as it appears that electro-shock weapons (ESWs) are here to stay, and in order to assist in an informed discussion, and the formulation of future public policy, I would like to address in the meantime a couple of critical concerns. I believe your committee, and the public should be advised of not only recent TASER-related science but also some of the more pertinent contemporary and historical concerns associated with the TASER’s place in Canadian law enforcement. In providing this information I hope to prevent the next generation technology from being so easily accepted and under such compromised circumstances.

Presentation

The BC Government failed its citizens when TASER technology was introduced to the Province. As someone who is trained to construct, conduct, and be critical of research, I was taken aback last week to hear the Assistant Deputy Minister and Director of Police Services cavalierly gloss over the inadequate and flawed process used to approve the use of TASERs in this Province. Those who appreciate the scientific method prefer to regard that process as amateurish, at best, and replete with misrepresentations provided by what appears to have been a seriously compromised policeman/project manager. I would like to elaborate. There was not enough rigorous science applied by the manufacturer to guarantee the safety of the weapon. TASERs were anecdotally not scientifically developed. Universally, public officials failed to verify the safety claims being made by the company and its spokespersons. TASERs were rushed into service by decision makers and police in B.C. and throughout Canada in 1999. The weapon has caused problems for the public and the manufacturer. For example, TASER International is presently engaged in damage control by offering trade-ins to “recall” older, more powerful weapons. (Are you aware that the M-26 model is powered at 26-Watts, the next generation model the X-26 is lower powered, and the newest model the X2 will be even lower? This begs the question as to why the manufacturer would lower the power of the weapon without alerting law enforcement first and providing some explanation). It appears that with the lack of regular and rigorous peer reviewed independent measurement, no policeperson could be sure of the amount of current being emitted from the weapon at any given deployment; for unlike breathalysers, defibrillators, and radar guns, the police do not routinely measure the output of their TASERs.

The CBC had fifty randomly chosen police TASERs tested independently in a lab in Chicago in 2008. They discovered that not all TASERs perform in the same way, as reflected in their “output variance”. Electro-shock weapons manufacturers readily admit that the output of these devices can vary due to factors beyond their control.

According to the Canadian blog “Truth-Not-Tasers”, that has been tracking the death toll, approximately 750 people have died proximal to TASER use in North America since the higher-powered M-26 was introduced. The lower powered 5-Watt system was what was field tested in Canada, by the Victoria Police Department in 1999, in the “field study” mentioned by Mr. Pecknold. The policeman in charge initially said he had concerns about the new, soon-to-be-available higher powered 26-Watt weapons and that more research was needed before he could recommend them. Yet a few months later this was exactly the model of TASER that his police department purchased. In his final report (“An Independent Evaluation of Conducted Energy Weapons”) there was no evidence that the 26-Watt system had ever been subjected to any controlled research. Yet, the higher powered 26-Watt system is what our police services decided to buy and deploy. The medical safety studies promised by this policeman/project manager were never produced. Contrary to Mr. Pecknold’s statement of last week, the people of BC received no medical evidence assuring them of the safety of TASERs prior to them being brought into service.

Despite the glaring omissions of the 26-Watt system, and safety concerns about it in his final report, this same Victoria policeman wrote in both of his reports that TASERs had been “over-studied”. In fact, this was not true. It is widely known that TASER spent only $14,000 in research and development when it shocked a single pig in 1996 to develop the waveform and then 5 dogs in 1999 to further test the weapon. The results of these tests were not published, or reviewed, by third party peers. These results are not even included in TASER International’s own Medical Compendium.

The higher powered technology was never subjected to independent, impartial, rigorous research prior to being deployed throughout Canada. The policeman who claimed that TASERs were “medically safe”, not being scientifically or medically trained, was not qualified to make such a judgement.

This same policeman claimed that TASERs met electrical safety standards as set by the Underwriters Laboratory (UL) and the International Electro-technical Commission (IEC). (The Canadian Standards Association (CSA) was not mentioned). This policeman’s claim of electrical safety was untrue because the devices have never been tested by these safety standards bodies. You will note that TASERs do not bear certification marks from any of these organizations, as other electrical products sold, and used, in Canada must. The fact is, the Canadian public still has an untested, unregulated electrical device in the hands of police; this, in violation of the Electrical Safety Standards Act, that says no electrical devices are to be sold or used without a proper certification mark. The TASER carries no such mark, even though it emits electrical current into the body. Remarkably this policeman/project manager’s report, replete with what appear to be false claims, was vetted by TASER International and the CPRC; and neither saw fit to make any amendments. Today these claims are no longer made.

Although somewhat technical, it is well to recognize that the dangers lie in the peaks of the current, even though TASER International prefers to use “averages” in its description of the weapon’s electrical characteristics. It is medically uncontroversial that electrical currents between 70 – 100 milliamps can kill. Following TASER International’s original specification sheets, the peak currents of the M-26 and X-26 models are obscured in average calculations. These weapons, at peak current, that is 162 and 151 milliamps respectively, are powerful enough to kill as suggested by Commissioner Braidwood at the conclusion of his Commission of Inquiries. Moreover, according to the IEC-479 standard, shocks of 151 to 162 milliamps over five seconds can stimulate the heart adversely in 50% of the population that receives the shock. Today the electrical output of these weapons does not appear in the manufacturer’s product specification sheets.

This same Victoria Police Department member was then seconded to manage the joint (RCMP and CPRC) “Conducted Energy Weapons Evaluation Project”. It was not a study into health and safety effects, as one may have hoped, but simply a cataloging of the effects of the harsh Canadian winter on the functioning of the weapons.

It was later discovered and reported by the Vancouver Sun, that this policeman had an undisclosed financial relationship with TASER International. This was revealed when he testified at a wrongful death lawsuit in 2005. The family of Robert Bagnell was suing the Vancouver Police Department after Mr. Bagnell was shocked multiple times and died in the downtown east side.

The policeman in question was asked to testify as he had been brought over from Victoria by the Vancouver Police Department as an “independent” investigator into Mr. Bagnell’s death. When pressed by lawyer Cameron Ward, the policeman admitted he had done undisclosed freelance work for TASER International.

On the surface it appears that this policeman, at some point in 2000, tasked with evaluating the technology for BC (and ultimately the rest of Canada), was quietly being given stock in TASER International while he lead Master Taser Trainer Courses for the manufacturer with other police services. TASER International Chairman Tom Smith told a federal all-party subcommittee, looking into TASER stock options, and televised nation-wide on the Parliamentary channel, that stock options were given to this officer for designing a holster. (Ironically, the holster in question was for the M-26 model, the very weapon this officer claimed to be uncertain of). There are those, who understand the objectivity of the scientific method, who would describe the receipt of payment, in whole or in kind, from TASER International, while evaluating the safety of its products for the BC Government as a hopeless conflict of interest. Ujjal Dosanjh, who had given the Victoria Police Department permission to field test the 5-Watt system in 1999, told CTV News that he felt he had been deceived. He was concerned that the policeman, in question, had failed to disclose his relationship with TASER International and, worse still, that false claims were made in the various versions of his so-called “independent evaluation”. This policeman remains on the job today with the Victoria Police Department and has never been held accountable by decision makers for making these misrepresentations. Mr. Dosanjh has said that if he knew then what he knows now, he would never have given TASERs the go-ahead.

Also related to the absence of independent, scientific evidence, American authorities allowed TASERs to be deployed despite significant “data gaps”, and other concerns raised in three key US government reports. Canadian law enforcement was unaware of, or worse ignored, these over sights. One of these critical oversights involved not questioning, TASER International for placing a conformity mark on their M-26 brochure. This mark (i.e. CE) is used to indicate conformity with standards necessary for a product to enter the European Economic Area. The European Community did not have, nor even have today, any standard for electrical safety that would apply to the M26 ADVANCED TASER. In sum, there was a glaring lack of due diligence undertaken by authorities when these weapons were first introduced. As a result, approximately eight people have died in British Columbia proximal to their use.

Times Colonist reporter Rob Shaw has said that your Special Committee will be considering “the scientific research into the medical risks to persons against whom conducted energy weapons are deployed”. This is encouraging as there is much that even Commissioner Braidwood did not uncover. Not one Canadian government agency or department including Health Canada, Public Safety Canada or the RCMP bothered to verify TASER International’s medical and safety claims. The RCMP even used photo-copied TASER promotional information in its first TASER report in 2000.Remarkably, law enforcement in Canada is still able to use TASERs in “probe mode”, when there is no electrical safety standard for invasive shocks; that is, electrical current introduced below the skin.

One Vancouver journalist approached the IEC, the UL, and the CSA and learned that the standard they use to measure safety thresholds is for shocks on the skin, not subcutaneous shocks. All these laboratories assert that we know so little about the effects of electricity below the skin they could not, in good faith, certify these weapons with one of their safety marks; like you find on your electric shaver, toaster, or hair dryer.

Contrary to Dr. Lu’s assertion, last week before this committee, there has been important TASER related research since 2008. Regarding cardiac risks, a study published this year, in the Journal of Circulation, by Dr. Douglas P. Zipes, cardiologist and professor emeritus at Indiana University, clearly demonstrates that the electric shock delivered to the chest by a Taser can lead to cardiac arrest and sudden death. “This is no longer arguable”, said Dr. Byron Lee, a cardiologist and director of the electrophysiology laboratory at the University of California, San Francisco. “This is a scientific fact”. With respect, the question before your committee should now focus on whether the risk of sudden death from a TASER shock is low enough to warrant wide spread use of the weapon by police in British Columbia.

It seems at this point governments and/or police decision makers don’t really want to know, or admit, they made grave errors by not adequately verifying TASER International’s safety claims. Presently in the U.S., courts are being asked to consider for the first time, police use of TASERs. No longer are TASER cases based strictly upon product liability; the cases now before the courts are different. These cases challenge the police persons who deployed the weapon. The question, in light of current evidence, is now “when is electrical force excessive force?” Appellate Judge Mary Schroeder has noted, “One could argue that the use of painful, permanently scarring weaponry on non-threatening individuals, who were not trying to escape, should have been known to be excessive by an informed police officer”. This may give you some insight into the “major and consistent decrease” in TASER use mentioned by the Deputy Minister last week before this committee. It is only a matter of time before cases of this nature work their way into the Canadian legal experience.

In contrast to Dr. Lu’s statement that “. . . TASERs are generally shown to be relatively safe”, TASER International’s own Voluntary Exposure and Liability Release Form includes a long list of alarming known and possible side effects that contradict its original safety claims and confirms what critics have been saying for over a decade. Here are only a few of those known and possible side effects. The company cautions that the weapons ”. . . have not been scientifically tested on pregnant women, the infirm, the elderly, small children, and low body mass persons…the use on these individuals could increase the risk of death or serious injury”. The company goes on to admit that the TASER “. . . can produce physiologic or metabolic effects, which include changes in: acidosis, adrenergic states, blood pressure . . . heart rate and rhythm …”. With this statement TASER International confirms experts’ beliefs that the TASER can capture the heart and alter its rhythms in healthy adults. TASER International then goes on to shift the responsibility for their weapons onto the user by recommending that “…all TASER … users conduct their own research, analysis, and evaluation”. Wouldn’t you think a manufacturer would want to be able to assure its customers of its product’s safety before it went to, or even after it was on the market?

A final concern that should be of interest to this committee involves the TASER tester, “Verus One”, being put forward by the B.C. Police Services. Police Services has accepted a test protocol developed by Andy Adler of Carlton University, Ottawa’s MPB Electronics, and Datrends Systems of Richmond, B.C., despite the authors themselves admitting this protocol is far from comprehensive or independent.

The Verus One actually tests to determine whether an ESW is operating within TASER International’s specifications. The Verus One does not determine the electrical energy delivered into a subject. The 600 Ohms resistance value being used in the formula by the B.C. Police Services actually comes from TASER International’s chief engineer Max Nerheim via Adler et.al. According to a study by the American Heart Association (AHA) the resistance for a trans-thoracic shock could be as low as 25 Ohms. So the suggested 600 Ohms indicates a base resistance that would appear to be an artificially high value that does not necessarily reflect the reality of all subjects. When CBC did it’s testing in 2008 and found a 12 percent failure rate, it used a previous test protocol employing 250 Ohms of resistance, which it got from TASER International. The company has since recommended raising the resistance level to 600 Ohms but, I have found no literature from the manufacturer that has offered the scientific references or rationale for doing so.

Several significant considerations should be pointed out concerning the Verus One:

1. It does not determine electrical safety of ESWs

2. It only tests to determine whether ESWs are “in tolerance” or “out of tolerance”.

3. A test result of “in tolerance” does not indicate or imply that injury or death will not result from use of the tested ESW, or that the tested ESW will incapacitate a person against whom the ESW may be deployed.

4. It does not measure the electrical energy delivered into a body (i.e. invasive shocks).

5. It also does not disclose scientific references or rationale as to why 600 Ohms is identified as the measurement base vs. a range of resistances.

In closing it is worth mentioning that the IEC and the National Institute of Standards and Technology (NIST) in the US are presently developing a standardized method of measurement for ESWs. This standard will result in the IEC 62792 ESW measurement method. Moreover, it is my understanding that no Canadian law enforcement agencies have even bothered to investigate, nor has Datrend disclosed the issue of Intellectual Property Rights regarding “Verus One”. This is significant as a lack of Intellectual Property Rights could cost Canadian law enforcement, and the Canadian taxpayer, a significant amount of money due to Intellectual Property and licensing issues. Based upon these concluding statements, I would strongly urge care and caution be exercised before purchasing any ESW analyzer.

Taser recommendations to be examined by British Columbia

June 13, 2012
Rob Shaw, timescolonist.com

 

The use of Tasers by police officers will be put under the microscope by a special committee of provincial politicians.

 

Eight government and Opposition MLAs were quietly appointed to study the issue, amid a flurry of other business on the last day of the spring session of the legislature.

The MLAs will focus on recommendations made by Justice Thomas Braidwood on Tasers, as well as how those recommendations have been implemented throughout the province, said Murray Coell, the Liberal MLA for Saanich North and the Islands and the committee convener.

“The direction we were given [by the legislature] was basically to look at the recommendations of Justice Braidwood, that’s the starting point,” Coell said.

MLAs will also consider “the scientific research into the medical risks to persons against whom conducted-energy weapons are deployed,” according to the committee’s terms of reference.

The politicians have the power to call witnesses, gather evidence and travel throughout the province, though it’s not known to what extent they will exercise those abilities.

Coell said it is reasonable to assume that police officials would be called to give evidence.

The first meeting is scheduled for July 18, and the committee must produce a report within a year.
Braidwood released recommendations on the use of and training surrounding Tasers in 2009.

The provincial government accepted them all and, in late 2011, approved new mandatory policing standards for Taser use, as well as crisis intervention and de-escalation techniques.

The Braidwood commission then went on to examine the death of Polish immigrant Robert Dziekanski, who died after police repeatedly Tasered him while restraining him face down on the floor at Vancouver International Airport on Oct. 14, 2007.

The video of the incident sparked international criticism, and Braidwood ultimately said the actions of the four RCMP officers involved were shameful and not justified.

The officers have since been charged with perjury, and B.C. has launched a civilian Independent Investigations Office to handle police-involved serious injury and death cases.

“Clearly, given the death of Robert Dziekanski, given the serious concerns raised about the Taser … the committee has the chance to bring forward some good recommendations,” said NDP justice critic Leonard Krog, who is also a committee member.

The MLAs will also conduct a random audit of the police misconduct cases handled by B.C.’s Office of the Police Complaint Commissioner.

Coell said the government is doing “due diligence” in examining the office’s performance.

Opera focuses on Dziekanski before being Tasered by RCMP

May 31, 2012
Aly Thomson, Canadian Press

HALIFAX -- Repeatedly seeing video of Robert Dziekanski being stunned with a Taser by RCMP officers on national television inspired J.A. Wainwright to write an opera about the tragedy.

"Quite frankly, I got tired of seeing Robert Dziekanski die," said Wainwright, a poet and author.
"I wanted to see him live."

The opera, set to première at the Scotia Festival of Music on Thursday in Halifax, tells the story of Dziekanski, an immigrant from Poland who died in 2007 after being repeatedly stunned by Mounties at the Vancouver airport.

His death attracted international attention when it was captured on video by a traveller.

Wainwright, who wrote the opera's libretto, said he felt Dziekanski became part of a "media circus where we saw him die over and over again."

"I wanted to deal with him as a human being rather than an image on the screen," Wainwright said in a telephone interview from his home in Halifax.

The story is told through the imagined voices of Dziekanski and his mother, Zofia Cisowski.

The opera, titled I Will Fly Like a Bird, begins in Poland on the eve of Dziekanski's departure, where he is celebrating with friends and discussing his aspirations after arriving in Canada, said John Plant, the opera's composer.

The opera then moves into the flight itself, followed by the incident at the airport and finishes with a elegy of sorts from Dziekanski's mother, said Plant.

But the piece does not directly portray when he was shot with the Taser, nor does it evoke any of the political backlash felt by the RCMP after the incident, said Wainwright.

"It doesn't focus in any direct way on the Taser, although it's alluded to metaphorically and very powerfully in the music."

Plant said the human emotion involved in Dziekanski's story was easily translated into a musical piece.

"This was such a trauma... not just for the people involved, but for Canadians as well, to know that this sort of thing could happen," said Plant, who has been writing the music for the opera for more than two years.

"To give Robert a voice and to give his mother a voice, opera can do that very powerfully."

"He was a man filled with hopes and aspirations, coming to a new country to live with his mother, and they were destroyed," he said.

Plant said Cisowski is planning on attending the première of the opera.

"She's very pleased that her son is being honoured in this way and, of course, we're very honoured that she's coming to hear it," said Plant, who will also be playing the piano on Thursday.

The performance will be a concert opera, meaning the vocalists will not be in costume or acting.
It's currently the only planned performance, but Plant said he's hoping to take the show across the country.

The 33rd annual Scotia Festival of Music runs from May 27 to June 8.

Vancouver cops credit 'clear guidelines' with Taser use drop

May 22, 2012

By Mike Howell, Vancouver Courier

 

The Vancouver Police Department has dramatically curtailed the use of its Tasers with officers having only fired the stun gun twice this year compared to 93 times in 2006.

 

Statistics show the VPD recorded seven incidents—three in one day in February—where the Taser was involved, with two cases where it was fired.

In the other five incidents, officers unholstered the Taser but did not have to fire the 50,000-volt gun to arrest a suspect, according to incident reports posted on the VPD’s website.

The dramatic decrease in Taser use began after the recorded high of 93 times it was deployed in 2006 dropped to 74 in 2007. Usage dropped further in 2008 to 27 times.

Const. Jana McGuinness, a VPD media relations officer, said the department has 101 officers trained and carrying the Taser, which is far fewer than in previous years.

“And those who do carry it are under tighter scrutiny,” McGuinness said in an email to the Courier. “The new Police Act sets outs very clear guidelines on when the [Taser] may be used, and the legislated usage is much narrower in scope than in 2007. Simply put, the [Taser] is not used in as wide a variety of circumstances as it once was. This alone will account for a decline in usage.”

David Eby, executive director of the B.C. Civil Liberties Association, said the decline is “good news” considering the battle his organization waged several years ago to get a moratorium on the use of Tasers in the province.

The civil liberties association requested the moratorium the same month Polish immigrant Robert Dziekanski died in October 2007 at the Vancouver International Airport after RCMP officers fired a Taser at him several times.

“The only bad news about this is that Robert Dziekanski and others have had to die in order for us to get to this number,” said Eby, noting the high profile of the Dziekanski case and the subsequent inquiry into his death. “This is great news. I think that the police are now using the device much more carefully, as they should have been during the beginning.”

The first VPD incident this year requiring a Taser to be fired occurred Feb. 1 in the north lane of 13th Avenue and Ontario Street. Officers boxed in a car, whose occupants were suspected of robbery, kidnapping and a carjacking involving a knife.

Police said the driver attempted to escape.

“The Taser was deployed and the driver was pulled from the driver’s seat and arrested,” said the incident report. “He was assessed at Vancouver General Hospital and then taken to jail.”

In a March 9 incident, officers were called to check on the welfare of an “emotionally disturbed woman” inside a suite in the 1400-block of West 14th Avenue.

The woman made verbal threats, was armed with knives and indicated she had a gun. A VPD emergency response team stormed the suite after a six-hour standoff.

Police fired a Taser and Arwen gun when the woman confronted officers with knives in hand, said the incident report. The woman was taken to hospital for a mental health assessment and is facing weapons charges.

McGuinness noted that in about 75 per cent of incidents involving a Taser, the suspect surrenders after police unholster the stun gun so it is in plain view.

In June 2004, Robert Wayne Bagnell died at the scene after police fired a Taser twice at him during an arrest at the Old Continental Hotel at 1390 Granville St.

Dr. Laurel Gray, who conducted the autopsy, testified at a coroner’s inquest she considered the Taser’s role in Bagnell’s arrest but determined the medical cause of death “was consistent with restraint-associated cardiac arrest due to or as a consequence of acute cocaine intoxication and psychosis.”

The five-man jury agreed and gave no recommendations.

Same video analyst (former Vancouver cop) worked on Robert Dziekanski and Spokane Otto Zehm police perjury deaths

Former Vancouver police officer Grant Fredericks has become an “expert” in analysing police videos.

His website description says:

“Grant is a former police officer and coordinator of the Vancouver Police Forensic Video Unit in Canada. He is an adjunct instructor of Forensic Video Analysis at the National Digital Multimedia Evidence Processing Lab at the University of Indianapolis and is a contract instructor at the FBI National Academy in Quantico, VA..”  http://www.forensicvideoexpert.com/

In the Robert Dziekanski case, he was brought in by counsel for  Constable Bentley and testified in the Braidwood case that Dziekanski moved toward the officers. His qualification to make this conclusion was shown to be very weak and although he descibed it as “photogrammetry” he was merely counting pixels. He didn’t come out of the Braidwood testimony well:

http://www.braidwoodinquiry.ca/hearings_transcripts/BraidwoodHearingsMay25-09.pdf

Braidwood’s conclusions are listed in this Georgia Strait article:

http://www.straight.com/article-489316/vancouver/did-police-chief-jim-chu-roll-dice-choosing-former-vancouver-cop-analyze-riot-evidence

Otto Zehm:   Now he is shown under questionable circumstances in Spokane’s Otto Zehm killing in 2006:

http://www.spokesman.com/stories/2012/apr/08/transcripts-reveal-officers-were-given-three-days/

Video expert paid by city, working for feds

More arguments are expected April 16 as attorneys for Thompson continue to press U.S. District Court Judge Fred Van Sickle to grant the decorated former police officer a new trial.

Van Sickle indefinitely postponed Thompson’s Jan. 27 sentencing after the judge was contacted in December by forensic video expert Grant Fredericks, who claimed that federal prosecutors misrepresented the conclusions he would have expressed had he been called to testify at Thompson’s trial.

In response, Assistant U.S. Attorney Aine Ahmed has filed reams of documents and grand jury transcripts that refute Fredericks’ claims. The documents also show Fredericks wasn’t truthful about how he was brought into the investigation.

Fredericks, as late as last month, said under oath that he was first contacted by a county prosecutor to analyze the convenience store’s surveillance video. But emails from 2006 show Fredericks first contacted a Spokane police officer and offered his services in “helping” show that Zehm was using a 2-liter Diet Pepsi bottle as a weapon.

The allegations against Fredericks, who did not immediately return a phone call seeking comment, include providing “patent inaccuracies or inconsistencies” in two previous cases where Fredericks – a former Vancouver, B.C., police officer – provided testimony in defense of other officers’ actions. In one of those cases, four Canadian officers now face perjury charges based on assertions put forth by Fredericks.

The documents also, for the first time, show Fredericks was billing Treppiedi, the assistant city attorney, even after Fredericks completed his work for the city and started meeting with federal officials.

Because of a backlog of cases at the FBI lab in Quantico, Va., federal prosecutors hired Fredericks to do a second video analysis, where he changed many of the assertions he provided the city. Federal prosecutors later found out that much of the work Fredericks did for the FBI was being funneled back to Treppiedi.

Fraction of VPD carries Tasers under new rules

"Tasers can still be used on seniors, children, pregnant women and the mentally ill, despite warnings from the manufacturer."

January 27, 2012

CTV BC

With a report from CTV British Columbia's Peter Grainger

The new standards for Taser use are set to come into effect next week, and they mean that just a fraction of Vancouver police officers are carrying the conducted-energy weapons.

The changes to B.C. policy were recommended by retired judge Thomas Braidwood, who led an inquiry into the death of Robert Dziekanski after being stunned multiple times at the Vancouver International Airport in October 2007.

The Vancouver Police Department is already complying with the province-wide standards, which require officers to undergo training before they can carry Tasers. But the department doesn't automatically send people to be qualified and officers have to volunteer.

Right now, only 107 officers carry a Taser, and a third of those are members of the emergency response team. As of December, there were 1,327 sworn officers in the VPD.

Some of the other new policies include:

• Tasers are only to be used on violent people
• Officers must give verbal warnings before shocking anyone
• They must use, or consider using, crisis intervention first
• They must avoid chest shots
• Shocks cannot last for more than five seconds

However, Tasers can still be used on seniors, children, pregnant women and the mentally ill, despite warnings from the manufacturer.

That is a concern for BC Civil Liberties Association director David Eby, who was the only civilian member of the implementation committee on Braidwood's recommendations.

"This device, still untested on those groups, is still being used by police officers and potentially on those groups. That is a potential major issue given the recent Tasering of an 11-year old in Prince George," he said.
"There may be some mistaken notion that now they're safe, now we know what the effects of them are, now we know when we can properly use them and when we can't. I don't think police officers have that information still."

Transit cop turned off by Tasers-Ex-VPD officer says he now doubts safety, usefulness of devices

"Dickhout, a former Vancouver Police Department officer who still works as a transit cop, said he will never carry a Taser again because he believes they are not appropriate for transit policing."

January 27, 2012
Sam Cooper, The Province

A SkyTrain transit cop who Tasered an intoxicated fare evader in Surrey testified Thursday that he believed the man was assaulting his partner, but in the aftermath he was sickened and decided to never use a Taser again.

In an Office of Police Complaints Commissioner discipline hearing, Const. Daniel Dickhout is alleged to have used excessive force on Christopher Lypchuk, who fell and smacked his face on a concrete stairwell after being Tasered at Scott Road SkyTrain station in September 2007.

"I don't think it was excessive," Dickhout testified of his use of the Taser.

"In my view at that time, he was attacking [partner] Const. Chartrand."

Lypchuk was cut over his eye in his fall but could have been concussed or even have died, according to public hearing counsel Joe Doyle.

Dickhout said he escorted Lypchuk off the train for fare evasion and was writing up a ticket on the platform when Lypchuk suddenly picked up two unopened beers and fled for the stairwell exit.

Security-camera footage shows Dickhout quickly drawing his Taser and catching Lypchuk in a steep and narrow stairwell, with his partner blocking Lypchuk from above.

Dickhout's partner "interjected" with a comment, according to Dickhout, and Lypchuk took a jerky step toward the second officer, before stopping.

Dickhout said from below, as Lypchuk took his step: "I see his right elbow back, in what I take to be cocking and throwing a punch."

At that point, Dickhout said, he pulled the trigger and Lypchuk stiffened and fell down several steps.

"I realized, days later when I watched the video from the top of the stairs, that he may not have been doing what I thought he was, and that made me sick," Dickhout said.

Dickhout, a former Vancouver Police Department officer who still works as a transit cop, said he will never carry a Taser again because he believes they are not appropriate for transit policing.

"Since that time, we had the [Robert] Dziekanski incident," Dickhout said.

"I don't think they are quite as safe and useful as I once believed."

Dziekanski died at the Vancouver airport in October 2007 after being Tasered and restrained by RCMP officers.

In cross-examination, Doyle established several inconsistencies between Dickhout's incident report and video evidence shown in court.

Doyle suggested Dickhout truly did not perceive an imminent assault, because Dickhout did not write in his report that he feared Lypchuk was about to punch his partner.

"When I reviewed the video, I was reminded of a punch," Dickhout said. "I don't know why it didn't get into my report."

The hearing has been adjourned until Feb. 22.

TAZED - the movie

Please forward and share
TAZED CROWDFUNDING 

CONTRIBUTE TO THE CAUSE via ChipIn!

Become a Friend, Witness, Protector, Defender, Champion,Guardian Angel or Patron Saint of Robert Dziekanski. Contribute to the movieTAZED.

We need your help to make TAZED. We can't do it on our own. So far, TelefilmCanada, a private investor, our creative team and our own company UTOPIAPICTURES have financed the development and got us to this point. Now, we needYOUR support.

FUND A - Packaging/Financing/Preproduction.

FUND B - PRODUCTION: TBA. Stay tuned for more information. In the meantime contribute to FUND A.

GOAL FUND A: $10,000 + to covercosts necessary to get TAZED into production such as final script changes andscript breakdown, Polish translation, location scouting, final budget, legaland accounting.

CONTRIBUTE TO FUND A - PACKAGING - VIA CHIPIN ABOVE

ChipIn!

Packaging – Financing

REWARDS

REWARDS FUNDS A & B:All contributors will get a credit on the TAZED website and at the end titlesequence of the film, plus other rewards depending on the level ofcontribution.

CONTRIBUTE $25 or more: Become a"FRIEND OF ROBERT DZIEKANSKI", get this credit plus a "Get Tazed" button.

CONTIRIBUTE $50 or more: Becomea  "WITNESSES OF ROBERT DZKIEKANSKI", get this credit, a "Get Tazed" buttonplus a poster signed by the actor who plays Robert Dziekanski.

CONTRIBUTE $100 or more:Become a "SUPPORTER OF ROBERT DZIEKANSKI",
get this credit, all of the above plus a DVD when the film is released.

CONTRIBUTE $250 or more: Becomea "PROTECTOR OF ROBERT DZIEKANSKI",
get this credit, all of the above plus  a "Get Tazed" T-Shirt orhat signed by lead cast & crew.

CONTRIBUTE $500 or more: Becomea "DEFENDER OF ROBERT DZIEKANSKI",
get this credit, all of the above plus an invite to the cast & crewscreening in Vancouver (travel not included)

CONTRIBUTE $1000 or more: Becomea "CHAMPION OF ROBERT DZIEKANSKI",
get this credit, all of the above plus an invite to the Premiere of the film inthe city closet to you. (Travel not included)

CONTRIBUTE $2500 or more: Becomea "GUARDIAN ANGEL OF ROBERT DZIEKANSKI", get this credit, all of the above plus anopportunity to be an extra in the movie. (Travel not included)

CONTRIBUTE $5000 or more: Becomea "PATRON SAINT OF ROBERT DZIEKANSKI", get this credit, all of the above plus theopportunity to spend a day on the set while in production and to come to therough cut screening and contribute your suggestions.

INVEST: $5000 or more andshare in the profits of the film. Check out the page on this website INVEST for more information.You must be an AccreditedInvestor to qualify.

ChipIn!

Please forward and share.
Many thanks,
Elvira Lount Producer
http://www.tazedthemovie.com/
http://www.utopiapictures.com

Utopia Pictures
Ste 2 - 2629 West 1st Avenue
Vancouver, BC V6K 1H1
604-734-1274

New Taser rules for BC police

December 15, 2011
The Canadian Press

The B.C. government says it's now implemented all of the recommendations for the police use of Tasers that came out of the inquiry into the death of Robert Dziekanski at Vancouver airport four years ago.

Solicitor General Shirley Bond says she's approved new policing standards for the weapons and the rules will apply to all officers working in B.C., including the RCMP.

The standards flow from the Braidwood Commission, which examined the incident in which Dziekanski died after being struck several times with a Taser during a confrontation with four Mounties at Vancouver airport in 2007.

Braidwood recommended police get better training on Tasers, that the weapons only be used if there's a danger a suspect will cause bodily harm, and that officers be trained in crisis management.

Bond says in addition to implementing all of Braidwood's recommendations, the government is bringing in new standards for video surveillance in police buildings.

These rules follow the death of Ian Bush, who was shot to death during a struggle in the RCMP detachment in Houston, in northwest B.C., in 2005.

Taser cops won't be tried before next fall

December 4, 2011
Marcella Bernardo, CKNW

Four RCMP officers accused of lying when they testified at an inquiry into the death of a man at Vancouver's airport will not go to trial before next fall.

Jury selection for the perjury case against Corporal Monty Robinson and Constables Kwesi Millington, Gerry Rundell and Bill Bentley has been set for October 4th, 2012.

They were all charged in May of this year.

Special Prosecutor Richard Peck determined there was not enough evidence to lay manslaughter or assault charges, but he believes all four men lied under oath when they testified at the Braidwood Inquiry.

In October of 2007, they were involved in the death of Robert Dziekanski... a Polish immigrant who was repeatedly stunned with a Taser.

The maximum penalty for perjury in Canada is 14 years in prison.

Letter from a Concerned Canuck

In response to this November 18th report: "Cop sues taser after riding the lightning" I received the following letter from "Concerned Canuck":

Questions- so many questions. Judging from the news of this lawsuit against Taser International, it would seem some police are finally waking up to the real risks, after dozens have suffered life-altering injuries after 'riding the lightning'? Or worse, the Tucson PD officer last week, who suffered a fatal massive heart attack a day after a Taser training exercise?

More questions- Will it take the Taser-related death of a child, a celebrity or another cop, before someone, anyone in government somewhere, agrees that a federal investigation is warranted to clear the air on how such a now legally defined 'deadly weapon' (defined as such by a recent ninth circuit court decision in North Carolina) could be introduced as a 'non-lethal police tool'. Why was the lethality not recognized by anyone a decade ago when Tasers were foisted on us by eager and in some cases compensated cops?

C'mon now - 700 people are dead after being 'tased'. Taser International's numbers game of comparing the percentage of fatalities to the number of uses, doesn't mean a thing to the families who have lost loved ones. All they know is their loved one, who was alive one minute, was dead the next. Taser's lawyers and the company's allies in the Justice, Science and Medical communities have almost always thrown it back on the victims, blaming them for bringing such unfortunate outcomes upon themselves. They cite quite rightly that many had previous health problems, were drunk, high on drugs, had mental illnesses or ran away too vigorously from their Taser-toting pursuers. Some probably were violent. But did all 700 fall into this category of the truly violent? Robert Dziekanski didn't. He was a confused but compliant traveller, newly arrived in Vancouver, who was felled by an RCMP Taser and then multi-stunned while being held down by four burly officers. Nor did Darryl Turner-- a healthy teenager in Charlotte, NC-- who was shocked twice for having a temper tantrum at his workplace. His family was awarded $10-million dollars last summer. This award came after a jury of average citizens agreed Taser International made fatal mistakes by not warning law enforcement of the real risks, after numerous opportunities to do the right thing and own up to their errors.

The company motto about 'saving life' didn't ring true for the 700.

At the heart of the Turner case is the jaw-dropping revelation that in 2006, company execs were informed by their own research scientist that a fit young volunteer suffered cardiac arrest during a training exercise. Luckily a defribrillator was on-hand and the volunteer was saved. But it proved cardiac capture was indeed possible. But instead of warning its police customers or the public of this shocking occurrence, Taser International kept silent and continued selling its products. A warning to avoid chest shots didn't come until late 2009, buried in a training bulletin. That is nearly FOUR YEARS that Taser knew of the cardiac risks, but they FAILED TO WARN. Canadian media were the first to discover and report this news about the risks of chest shots- although Taser reacted by saying they were just trying to "avoid the controversy" whenever there was an unexplained death during a Taser incident. The company had inside information- that cardiac capture was possible- but they didn't admit this. Not yet.

It was May 2010, when Taser finally released a much longer list of risks and warnings - in the fine print of another training bulletin. However there was no mention to law enforcement that the company had known since 2006 of the potential cardiac dangers. No doubt Taser International issued this list in anticipation of the Turner case coming to trial. Now when citizens are injured or die after being tased by police, the product liability belongs to law enforcement and its employers, and not where it should lie- with the manufacturer.

The Turner family was awarded the $10-million, because of Taser International's FAILURE TO WARN. Police would be well advised to read the publically-avaliable judgement in detail. As a matter of course, Taser is appealing. It is one of dozens of company-crippling wrongful death lawsuits lined up against the company. What other choice does Taser International actually have when facing such steep multi-million dollar losses? They either settle for undisclosed amounts or they appeal. It is the same thing the company is doing by counter-suing this now crippled cop, whose doctors say his back was broken from the force of a Taser shock during training. One can hear Taser's lawyers now -- perhaps the officer had a pre-existing condition of osteoporosis, which is responsible for the injuries - but not the Taser? And for God's sake, why didn't the officer read the latest waiver before he signed it, where the risks of injury and death are plainly but finely printed for all to see?

In Montpelier, Vermont, officials there appear to be aware of the rising liability risks. A prescient City Manager and a sensible Police Chief have decided that arming their officers was NOT worth losing the trust of their citizens. Was it wisened worry of the possiblity of paying out huge damages if there was any proven police misuse? And misuse is bound to happen when many officers are still convinced Tasers are "safe to use on any attacker", as the company's early promotional material stated. Much of this same propaganda made its way into the first police evaluations of the higher 26-watt technology a decade ago- and was treated as truth.

Perhaps some police were knowing collaborators, but I'd like to think most were hapless victims. So many took it: Taser hook-Taser line-and-suspect sinker. The first clue should have been the skimpy science of testing of one pig in 1996, five dogs in 1999 and several hundred young police recruits who were given half-second zaps with taped leads rather than darts with the full five second stun. Sadly law enforcement brass never bothered to verify the manufacturer's safety claims or questioned the electrical theory of operation, when Taser made the drastic leap from 5-watt weapons to 26-watt ones. Now after 700 deaths, Taser International states in the fine print of its manuals and waivers, that police are responsible for their own research! What kind of upside-down Bizarro-World are we living in, where a device that allows dangerously high current to enter the human body and is associated with hundreds of deaths, expects its customers do its own research? The pharmaceutical companies wouldn't dare do that, so why is Taser getting a free pass?

Perhaps Taser International will be brought to its senses, or at least brought back into court when its shareholders launch another class action suit for failure to disclose all known safety risks? A dozen complainants shared a $21-million dollar out-of-court settlement in 2005, to buy the silence of this small group of compassionate shareholders . In the court documents of this case, seven former employees signed affadavits and testified there were so many 'returns' - defective units being sent back - because thousands of Tasers weren't operating properly or not at all, triggers were sticking with some staying on, etc. There were SO many returns they had to rent extra warehouse space to store them all. The witnesses claimed the bodies of these returns were cut open, the defective high-voltage boards were taken out and placed into new bodies with new serial numbers - and sold out the front door as new product.

No one has ever attempted to investigate Taser for any of this, because no one in law enforcement or the Justice department is paying attention or cares to. Taser called the accusations absurd but settled with the shareholders anyway; what is absurd is paying out $21-million dollars to a dozen complainants in what has to be one of the highest nuisance suit payouts in legal history.

Given the number of deaths and injuries, one wonders if any of these defective units being re-sold as 'new' were recycled into other police departments, where some of these 700 "unintended consequences" or dozens of "training injuries" occurred? There is no way of knowing for sure, because police do not measure the output of each Taser upon receipt from the company. SO there is no benchmark for product quality or reliability set from the start. There is no way of charting degradation over time. Which means there is no way of knowing the shelf life of Tasers. How will that be determined without proper measurement?

Since Taser International has shouldered the liability risks onto police- and those who employ them- municipalities, provinces, states, and federal bodies should consider the sense of seeing these untested, unregulated weapons measured regularly. That was one of the recommendations of the Braidwood Inquiry. So far no police agencies anywhere in North America have heeded this sage advice. The RCMP has supposedly tested its fleet of 36-hundred or so BUT many of them performed outside of the safety allowables set by Taser International. But what is the peak output/body current of the Tasers involved in the 700 deaths? Who knows? Again- there are just too many unanswered questions.

A proper Justice Department investigation of how all this occurred without proper checks & balances, is needed. The many questions demand answers. There needs to be accountability for the 700 and their families. Congressional hearings might be the only way to illuminate more of the truth about how Tasers were introduced without proper oversight and substantiated by rigorous, independent research. If we're stuck with the lethal Taser, it really should only be used in the rarest of circumstances, just below the firearm, NOT as a mere compliance tool. Regular measurement using a recognized electrical safety standard would go a long way too, in insuring this Russian Roulette-style of law enforcement is kept to a duller roar.

Concerned Canuck.

BC moves to distance police-Crown relations

October 12, 2011
Dirk Meissner, The Canadian Press

The death of a Vancouver man who was left intoxicated and alone in a frigid alley by police 13 years ago has the British Columbia government moving to put some distance between Crown prosecutors and police when it comes to assessing criminal charges against officers.

Attorney General Shirley Bond said Wednesday the Criminal Justice Branch will no longer allow Crown prosecutors to investigate allegations against police in the same jurisdiction. The branch will instead use special prosecutors.

The change is a key recommendation from an inquiry conducted by Judge William Davies that examined the death of Frank Paul in December 1998. The aboriginal man was dumped by police in an alley, drunk and soaking wet, leaving him to die of exposure.

No police officers were ever charged in the case, which saw Davies conclude last June that "broader measures need to be taken to ensure the public's confidence in charging decisions that affect police officers."

Davies found that prosecutors conducted themselves with integrity when deciding no charges should be laid. But he was concerned about the perception of preferential treatment by the Crown when assessing police-related cases.

Bond said police accountability is a prominent public issue in B.C. She cited not only the recommendations from the public inquiry into Paul's death, but also the inquiries into the RCMP-connected death of Polish immigrant Robert Dziekanski and police work related to capturing serial killer Robert Pickton.

"I would certainly want to believe that we've learned enough lessons through the circumstances of both the Frank Paul case and the Dziekanski case, and the missing and murdered women (inquiry)," she said. "In fact, there have been enough circumstances in our province that we have learned lessons from."

Bond said the changes to the way investigations involving allegations against police officers will be handled in the future indicates the government is serious about Davies' recommendations. She said the Liberals want to ensure the public is confident police officers are not above the law.

Another of Davies' recommendations -- for an independent civilian-led body to conduct investigations in police-involved incidents -- was announced after the inquiry into the death of Dziekanski. The man died after her was stunned by an RCMP Taser at Vancouver's airport.

Bond said the government is planning to introduce the newly-appointed head of the civilian police investigation body by the end of this year, and expects the new office to be functioning by next June.

Criminal Justice Branch spokesman Neil MacKenzie said investigations involving police officers are already being handled by his department while the new policies and procedures are being drafted.

"The intention of the branch is to have the policy changes in place by the end of this year," he said.

The government plans to implement several other recommendations from the Davies' inquiry. They include sending automatic alerts to Crown officials if it takes longer than 30 days to make a charge assessment, and improving the system for notifying family members about the progress of charge assessments and the decisions.

RCMP cut Taser use, but are dragging feet on many recommendations, report finds

October 7, 2011
Robert Hiltz, Postmedia News

OTTAWA — Canada's national police force has reduced the use of controversial Taser stun guns significantly in the past three years, according to the RCMP complaints commission's annual report.

In the report released Friday, the Commission for Public Complaints Against the RCMP was optimistic about the use of Tasers since the commission released its 2009 report — made public in June 2010 — on the use of the stun guns.

The CPC said it is satisfied with the RCMP's progress in response to a report on the death of Robert Dziekanski, who died in 2007 after being Tasered and restrained by four RCMP officers at Vancouver International Airport.

The commission also found that the RCMP is moving toward clearer policy regarding the use of the stun guns and has implemented a higher threshold for their use.

However, in the report, the interim chair of the CPC criticizes the national police force's commissioner for "extensive delays" responding to recommendations. Ian McPhail says that just over half of the notices from the RCMP commissioner have been delayed by "more than six months", while another two have been delayed for more than a year.

"In performing its work, the commission continues to be guided by the tenet that in order to be effective, review must be timely," McPhail writes. "I remain concerned that extensive delays in the response of the RCMP Commissioner to the commission's recommendations continue to occur."

Complaints commission figures show that 39 notices submitted to the head of the RCMP are still outstanding. Twenty of those have received no reply from the commissioner for an average of more than eight months.

"While the RCMP made a significant effort to clear its backlog in 2009, the backlog returned and has continued to grow this year. Although the CPC received 38 commissioner's notices from the RCMP, most were in response to interim reports sent to the RCMP in the previous fiscal year," the report states.

"The CPC's concern regarding the delay in the provision of commissioner's notices continues to grow, as these delays threaten the integrity of the public complaint process."

The watchdog is unable to complete its reports, or provide them to the complainant or RCMP member, until it receives a notice from the commissioner.

The documents also say external police investigations into serious incidents involving RCMP officers have begun quickly in the wake of a previous CPC report.

McPhail says the CPC's role is integral to keeping the RCMP accountable to the public and urges that the government reintroduce a bill that would create a new complaints and review commission with expanded powers. A new mandate is necessary, the interim commissioner says, because greater oversight is "widely accepted as essential" and the new review body needs stability to effectively carry out its duties.

The bill to create a new commission died when the 2011 federal election was called.

B.C. won't hold inquest into death of Robert Dziekanski

October 6, 2011
CTV News

VICTORIA — There will be no inquest into the death of Robert Dziekanski, who died after being stunned multiple times by a Taser during a confrontation with Mounties at Vancouver International Airport in October of 2007.

Chief B.C. Coroner Lisa Lapointe says her office had planned to hold an inquest after the police investigation was complete, but now she says it's not in the public interest because a full public inquiry has been held into the case.

However, a coroner's report on the death will still be released to the public.

Retired B.C. Appeal Court Justice Thomas Braidwood conducted a two-part inquiry into the case, reviewing the death of Dziekanski and the use of stun guns in general.

In his final report, Braidwood rejected the testimony of the four Mounties involved, who said they felt threatened by Dziekanski, ruling they could not have believed he posed a danger to anybody.

The Mounties have since been charged with perjury.

BC Cops Opt for Spin Rather than Transparency - RCMP author of Taser e-mail now advising BC on police accountability

September 2, 2011
BCCLA

British Columbia Civil Liberties Association has confirmed that the police officer whose e-mail brought the Robert Dziekanski inquiry to a halt for months is now advising the provincial government on the formation of B.C.’s new police accountability body.

Dick Bent, along with another senior RCMP officer Russ Nash, has been hired on a contract that will pay him as much as $70,000 over six months (including expenses) to “make recommendations on a strategic and operational framework” for the new Independent Investigation Office.

“We could understand why the province might bring in the RCMP to provide this advice if better and more independent advice were not available elsewhere,” said Robert Holmes, Q.C., President of the BCCLA.

“But there are civilian bodies across the world that do this kind of work every day, and have for years. Does it really make sense to have the RCMP setting this body up when that force’s failures are the reason the IIO exists in the first place?”

One of the key issues in the Dziekanski Taser inquiry was whether or not the officers had appropriately evaluated the situation at the airport in advance of using the Taser. In June of 2009, an e-mail from then RCMP Chief Supt. Dick Bent to assistant Commissioner Al McIntyre titled “Media strategy – release of the YVR video” read, in part, as follows:

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 they would go to CEW [Conducted Energy Weapon/Taser].

Commissioner Braidwood said he was “obviously appalled” at the late disclosure of such a critical e-mail message, three weeks after the last witness had testified, and almost four months after the four officers involved had testified. No explanation was ever offered about why the e-mail did not surface except that federal lawyers had “overlooked” the key document accidentally. The e-mail shut the inquiry down for three months when it surfaced.

“We suggest that the Provincial government stop asking the police how to investigate the police, because B.C.’s police have demonstrated time and again that they cannot do it effectively and in a manner that maintains public confidence,” said Holmes.

“Instead, the Province should be reaching out to Ontario’s Special Investigation Unit, the Independent Police Complaints Commission in England, the Police Ombudsman for Northern Ireland, and the South Australia Police Complaints Authority, among others.”

Mounties in Dziekanski case to appear in court

August 31, 2011
CBC News

Four Mounties charged with perjury during the inquiry into the death of Robert Dziekanski at Vancouver airport in 2007 are set to appear in court in Vancouver on Wednesday.


Constables Bill Bentley, Kwesi Millington, Gerry Rundell and Cpl. Benjamin Robinson are accused of lying about their actions when they confronted Dziekanski and stunned him multiple times with a Taser.

Dziekanski, 41, died in the secure arrivals area of Vancouver International Airport on Oct. 14, 2007, moments after he was shot with RCMP stun guns. His death ignited an international debate about the police use of stun guns.

The Mounties told commissioner Thomas Braidwood they feared for their safety when Dziekanski picked up a stapler, but Braidwood rejected their testimony in his final report.

No charges were ever laid against the four Mounties in Dziekanski's death, but a special prosecutor approved the charges of perjury.

B.C. seeks civilian for police oversight office

July 19, 2011
Canadian Press/CBC

The B.C. government is looking for a civilian to head its much-anticipated Independent Investigations Office that will look into all allegations against police in the province.

The director will oversee the new office, which will conduct investigations into serious injuries or deaths involving municipal police officers or members of the RCMP.

The chief civilian director position is a five-year order-in-council appointment, with the possibility of a second five-year appointment.

The independent office was one of the key recommendations from retired judge Thomas Braidwood's report into the October 2007 death of Robert Dziekanski, who died after being stunned by an RCMP Taser at Vancouver's airport.

The Independent Investigations Office will take over such investigations from police forces, who currently are called in when deaths or injuries involve members of other forces.

Under the legislation, the director must be a civilian who has never worked as a police officer.

Attorney General Barry Penner said the office should be up and running by the end of the year.

Applications will be accepted until August 16.

Independent, civilian office to investigate B.C. police officers accused of wrongdoing

May 17, 2011
The Canadian Press

VICTORIA — RCMP officers in British Columbia accused of serious wrongdoing will have their cases examined by an independent investigations office under legislation tabled Tuesday by the B.C. government.

The new office will be led by a civilian who has never worked as a police officer and will be responsible for investigating serious criminal allegations against officers in municipal forces as well as the RCMP.

"B.C.'s office will investigate a broader range of police-involved incidents than Ontario's model and be more independent than Alberta's, reporting to the attorney general rather than the minister responsible for policing," Solicitor General Shirley Bond told the legislature in introducing the bill.

Bond said the legislation is the fulfillment of the key recommendation from retired judge Thomas Braidwood's report into the October 2007 death of Robert Dziekanski at Vancouver's airport.

Braidwood and RCMP officials were in the legislature's public gallery to witness the tabling of the bill.

Investigators with the Independent Investigation Office will have the same status and powers as police to conduct criminal investigations into death or serious harm or other incidents involving officers.

The office's director will have the ability to appoint a civilian monitor with access to all the information on an investigation and with the ability to raise concerns to the director about the integrity of an investigation, the government said in background information.

Those who work as investigators for the office will be appointed by the office's director. In the early going, ex-police officers can be hired, but they can't have actively worked as a B.C. police officer in the previous five years.

Long-term, the goal is to progress to a fully civilian investigative staff and the Independent Investigation Office will face a review before Jan. 1, 2015, to determine whether it is on the road to meeting that goal.

"It is critical that British Columbians have confidence in our police and that the police are accountable to them," said Premier Christy Clark.

"This legislation is an historic step for policing in B.C. and will strengthen public faith in the dedicated officers who work so hard to keep our families safe."

Introduction of the legislation, which has been anticipated for months, was welcomed by critics who have long complained about police investigating themselves in such incidents.

Robert Holmes, president of the B.C. Civil Liberties, said he was "very pleased" to hear the government was acting on Braidwood's "critically important recommendations."

Mounties using their heads to video crime, deal with suspects

May 16, 2011
By Jim Bronskill, The Canadian Press

OTTAWA — The RCMP like to say they always get their man, and soon they might have video of him, too.

The national police force is studying the use of head-mounted video cameras to record confrontations with suspects.

The move follows RCMP field trials in Kelowna, B.C., and Moncton, N.B., last year in which the force tested — and later rejected — other video devices.

Included in the trials were the Taser Cam, an accessory for newer-model stun guns made by Taser International, supplier to the RCMP, and the Vidmic, an audio-video recorder that attaches to an officer's belt radio.

During the pilot, 132 Vidmic video clips were recorded and the Taser Cam was used twice, say RCMP documents obtained by The Canadian Press under the Access to Information Act. In addition, several still photos were taken with the Vidmic.

The RCMP records show the devices didn't quite meet the force's needs.

Members "expressed concerns" with the Taser Cam because it began recording only when the stun gun's safety switch was set to the armed position, says an August 2010 report on the field trials.

It meant that, in one Kelowna episode, "a significant amount of communication and negotiation" with a man who tried to harm himself and threatened police was not captured on video, notes the report.

In that case, the Taser was not fired.

"Had the situation ended differently, with the subject not complying, the efforts made by the members to de-escalate the situation would not have been recorded," the report says.

Because the Vidmic was mounted on the member's vest or jacket, it was not always pointed in the direction the member was looking, says the report.

Officers also had technical concerns with the Vidmic, including the fact it beeped every few seconds when the battery was low.

"It was noted this could have officer safety implications if the members were conducting a silent approach on foot to an incident."

As a result, late in the trial, the force began looking at a head-worn camera that slips over the ear and connects to a portable mini-computer on the belt.

Ten Axon devices, made by Arizona-based Taser International, were tested only in off-duty settings, such as training, because the video recordings were downloaded directly to a site in the United States, posing potential privacy concerns.

"The members immediately reported that the Axon camera resolved the issues and limitations they had noted with the Vidmic," say the RCMP notes.

Though officers found the mini-computer "quite bulky," the Axon "warranted a more in-depth review."

Based on feedback from officers, the RCMP began new research last month focusing on the head-mounted cameras, said Sgt. Pat Flood, an RCMP spokeswoman.

No field trial is yet underway, she said. But the internal RCMP memos say funding has been set aside in anticipation of the next trial, which might include other police forces.

"If a further pilot is approved, the recordings will be housed in Canada," say the notes. "There is also opportunity to bring other law enforcement agencies in on the expanded pilot project as the server can house their data separately."

At least two other Canadian police forces have tested body-worn video devices. A report on the Victoria police department's 2009 trial found the technology provided "the best evidence possible" and that the video could be used in court. It also said officers' awareness of their surroundings increased, while public hostility and aggressiveness decreased.

Police tout video as a means of documenting their side of the story when conflicting accounts of an altercation arise. However, civil libertarians have warned that police use of video raises important questions about the citizens' rights.

The British Columbia Civil Liberties Association has argued that it's no coincidence a number of videos police misconduct have come from the public, not police.

A vivid example is the case of Robert Dziekanski — who died in 2007 after being hit with an RCMP Taser at the Vancouver airport — an episode recorded by a fellow traveller carrying a video camera.

The RCMP report recommends that future study of video look at data storage and retention, cost, training and recertification, and privacy-related concerns.

Perjury charges laid against RCMP involved in Dziekanski's death

May 12, 2011
Neal Hall, Vancouver Sun

VANCOUVER -- Perjury Charges now have been laid against four Mounties involved in the in-custody death of Robert Dziekanski at Vancouver's airport in 2007, the criminal justice branched announced today.

The charges were laid against RCMP Cpl. Benjamin (Monty) Robinson, and Const. Kwesi Millington, Const. Bill Bently and Const. Gerry Rundel.

They will make a first court appearance June 29 in B.C. Supreme Court in Vancouver.

The charges were laid after Vancouver senior lawyer Richard Peck was appointed to review the evidence.

Peck recommended perjury charges be laid against the officers, who allegedly lied during their testimony at the Braidwood Inquiry, which probed Dziekanski death on Oct. 14, 2007.

Inquiry commissioner Thomas Braidwood concluded the officers were not justified in using a Taser on Dziekanski and found the four officers displayed "shameful conduct."

The officers will go to trial by direct indictments, which eliminates the need for a preliminary hearing in Provincial Court.

Dziekanski, 40, had come to Canada to live with his mother, who lived in Kamloops.

Unable to speak English, he spent more than 10 hours in the airport and could not find his mother, who eventually went home, thinking her son never arrived from Poland.

Dziekanski, exhausted and possibly delirious, began throwing things around and someone called police.

Seconds after the four Mounties arrived, Dziekanski was jolted five times with a Taser by a junior officer, who had never used a stun gun before.

The officers testified they feared for their safety after Dziekanski grabbed a stapler and came at them with it raised as a weapon. They said Dziekanski had to be jolted more than once because the first shot didn't cause him to fall

A bystander captured the incident on video, which contradicted the officers' testimony.

The video, which was posted on the Internet and caused an international outcry, showed Dziekanski fell after the first Taser jolt and then screamed and writhed in pain from multiple electric shocks from the conducted energy weapon.

He died after he was handcuffed face down on the airport floor.