EDITORIAL: A good tool for policing must be kept from wrong hands

June 10, 2010
The Daily Gleaner

The annual national meeting of the Canadian Association for Civilian Oversight of Law Enforcement is being held in Fredericton this week, and among the topics delegates examined is Taser use by police officers.

It's certainly a controversial issue about which there have been vigorous debates in recent years.

We were pleased to see that one of the conference's speakers - Alex Neve, secretary general of Amnesty International Canada - acknowledges that Tasers and similar conductive weapons have a role to play in law enforcement.

However, he rightly points out that Ottawa needs to take the lead and establish clear standards for Taser use.

There's no denying that some police and security officials in North America have employed Tasers in inappropriate ways and unnecessarily given the circumstances of specific situations.

If officers were informed of clear limits on use of the weapons, and if they were trained properly, Tasers would become a more effective and appropriate tool for law-enforcement, Mr. Neve suggested.

We agree, but we feel other limits and stricter guidelines are necessary as well - for those wielding these weapons.

Setting new federal restrictions on Taser use won't prevent some of the more egregious abuses of the technology that we've seen reported in the news over the past few years.

Guidelines, regulations or orders from on high in a police force can do little to curb terrible judgment. And the most serious of instances of Taser abuse are more often than not the result of serious errors in or complete lacks of judgment on the part of the people pulling the triggers.

We're not suggesting that a lack of good judgment is a widespread problem among police officers. However, it seems undeniable that a few with less than admirable decision-making abilities have made their way through the screening process.

While training is an important part of responsible and appropriate Taser use, so is evaluation.

The casual way a minority of police officers and security officials approach the use of Tasers and like weapons can stem not only from a lack of education and awareness but from shortcomings in attitudes and empathy.

The men and women entrusted with the protection of the public must also consider the well-being of those who violate the laws and the public peace.

Those responsible for training and hiring peace officers must ensure that appropriate psychological testing is not only in place but is always being updated to reflect changing realities of society and the jobs for which these people are being considered.

How a police cadet would view the use of a firearm, for example, could differ a great deal from his or her attitudes about Taser use.

One commenter on our website summed up the argument succinctly Wednesday.

He wrote, "(Tasers) do have their place in law enforcement ... But, it all comes down to the brain behind the Taser."

Furthermore, we would argue that not only must the screening process and restrictions on Taser use be examined and improved, so must the repercussions for instances of Taser misuse be strengthened.

With greater deterrents to misuse should come more responsibility.

Taser use on agenda at conference

June 7, 2010
Michael Staples, The Daily Gleaner

Everything from taser use to media perspective on police and public confidence will be on the table for discussion as professionals from across Canada gather this week in Fredericton.

The Canadian Association for Civilian Oversight of Law Enforcement is holding its annual national conference in the city. It gets underway today and runs through Wednesday.

The national non-profit organization is a collection of individuals and agencies involved in the oversight of police officers in Canada.

It's dedicated to advancing the concept, principles and application of civilian oversight of law enforcement in this country and abroad.

The three-day event at the Delta Fredericton Hotel includes a variety of panel discussions designed to tackle issues and concerns before the public.

Peter Seheult, chairman of the New Brunswick Police Commission, said the conference represents a great opportunity for professionals to get together and compare notes and to develop ways that police and civilian oversight can work together.

"It's understood by the public more and more that police, because of the extraordinary powers they are given by society, have to be very careful to maintain the support of the public they serve," Seheult said.

"Most police officers are quite cognizant of the fact that civilian oversight plays a role in strengthening their support from the public."

Seheult said it's important to explore new initiatives and ideas because acts that govern policing and its oversight are often updated in other jurisdictions across the country.

Highlighting proceedings will be an examination Tuesday morning of tasers as a policing tool.

"The use of the conducted energy weapon (taser) by the police continues to be an issue affecting the public's confidence in the police," stated the conference agenda.

"The manner in which taser usage is assessed will depend on the point of view of the various players involved."

The panel is expected to examine the state of police policies and public confidence in this area from the perspectives of the police, civilian oversight and human rights.

"The goal is to build an appreciation of the variety of issues raised by this weapon, including where opinions overlap or diverge, depending on the role and interests of the player," further stated the agenda.

Other areas slated for examination during the conference include: the changing landscape of civilian oversight of police; media perspective on police and public confidence; police perspective on civilian oversight; and how members of the public view civilian oversight in Canada.

Michael Boudreau, a criminology professor at St. Thomas University, said he likes the fact the conference is bringing police together with members of the civilian oversight body, but wishes there was more input from the academic community.

Boudreau, who's participating in one of the panel discussions, said it's important to have that point of view.

"Hopefully, the conference will help to change some people's perspective on things like tasering and the need for more civilian oversight of police," Boudreau said.

"But I would like to have seen more participation from people within the academic community who study policing issues from across the country - whether that's studying police professionalism, tasering or human rights."

Earlier report was prescient, inconvenient, and ignored

June 19, 2008
GARY MASON, Globe and Mail

REGINA -- As Dirk Ryneveld continued telling his story, you could see heads in the audience beginning to shake in that disgusted, isn't-that-just-typical sort of way.

The subject was tasers. The occasion was the annual meeting of the Canadian Association for Civilian Oversight of Law Enforcement, which included officials from police watchdog agencies across the country and around the world.

B.C.'s police complaint commissioner was telling the gathering about a wide-ranging investigation he held into the use of the tasers back in 2004. It was prompted by the in-custody death of Robert Bagnell after he was tasered by the Vancouver police.

The commissioner thought that conducted energy weapons needed a more thorough examination, so he had the Victoria Police Department carry that out on his behalf. A wide range of specialists were consulted. Later that year, Mr. Ryneveld issued an interim report.

It called for: standardized testing and training across police forces; mandatory reporting on deployment of the taser; and training for people dealing with what is known as "excited delirium" or cocaine-induced psychosis. It suggested police immediately call for medical assistance when a person had been hit by a taser.

In response to suggestions by medical experts that some people were likely dying from the holds police put them in after they were tasered, Mr. Ryneveld suggested law enforcement agencies introduce strict restraint protocols to reduce the chance of this occurring. He recommended that the taser be used on individuals exhibiting combative behaviour only. He urged police departments and the provincial government of B.C. to conduct further studies into the weapon.

As an independent officer of the B.C. Legislature, Mr. Ryneveld could not order his recommendations into law. And they covered only municipal police forces in the province anyway. Nearly 70 per cent of B.C. is policed by the RCMP. It was up to the B.C. solicitor-general to follow through on the changes Mr. Ryneveld had proposed.

So what happened?

Nothing. The report and all its fine research and proposals were thrown in a filing cabinet somewhere and forgotten.

"You can lead a horse to water," Mr. Ryneveld said yesterday. You could hear groans in the audience.

Years after Mr. Ryneveld issued his report, the taser-related death of Robert Dziekanski at Vancouver International Airport would prompt a mass overreaction by politicians and give birth to a number of different investigations and inquiries. Yesterday, the head of the Commission for Public Complaints Against the RCMP issued his final report on the use of the taser. The similarity between many of Paul Kennedy's recommendations and Mr. Ryneveld's are unmistakable.

In fact, Mr. Ryneveld must be wondering why his name wasn't on the report too.

And there is no doubt that many of the recommendations that former judge Thomas Braidwood makes when he wraps up his inquiry in Vancouver will also duplicate those of the B.C. police complaint commissioner.

Isn't there something all too typical about this? Good and valuable reports ignored by our political leaders because they're simply not a priority at the time or, in the case of Mr. Ryneveld's report, because it would mean stepping on the toes of a group of people politicians generally don't like to upset: the police.

Well, at least until it becomes politically necessary to do so.

When, for instance, someone dies after being tasered and the whole ugly affair is caught on camera and produces international outrage and the public is demanding that something be done.

Then, amazingly, our politicians find courage.

Mr. Ryneveld was remarkably restrained after his speech. He refused to indulge in any shots at those who ignored the alarm he sounded on tasers years ago. And when asked about the amazing parallels in his recommendations and Mr. Kennedy's, he would offer only a tight, wordless smile.

Victoria police officer Darren Laur's "apparent or perceived" conflict of interest

In August 2005, I lodged a complaint with the British Columbia Office of the Police Complaint Commissioner (OPCC) to iterate my concern that, while engaged in permanent full-time employment as a peace officer with the Victoria Police Department, Sgt. Darren Laur was also employed by, and accepted financial benefits from, Taser International and that his acceptance of financial benefits from that company placed him in a conflict of interest. It was my belief that this conflict of interest compromised Sgt. Laur's participation in the "Taser Technology Review" and an external investigation into the circumstances of my brother's death, both commissioned by the OPCC.

On September 24, 2005, Robert Anglen - a reporter for The Arizona Republic - published an article entitled "Taser defends giving stock options to police." Mr. Anglen wrote: "Another officer who received Taser stock options is Darren Laur of the Victoria, British Columbia, Police Department. Laur has been a staunch advocate for Taser for years and helped write a report in 1999 that helped usher Tasers into Canada. According to court documents, Laur was given 750 stock options in 2001 for helping to design a holster for the Taser. Taser said he sold the options in 2003. In his deposition, Taser President Tom Smith said he did not believe any of the options granted to police officers represented a conflict."

On October 5, 2005, Victoria Chief Constable Paul Battershill clearly identified this issue as a public trust issue in a presentation to the Canadian Association of Civilian Oversight of Law Enforcement National Conference. During his presentation, Chief Battershill noted that "Conflict of interest is now arising with police use of force people who privately contract. Ethics combined with declaration of conflicts. (Kerek [sic], Laur, etc.) This is going to get problematic unless very clear conflict guidelines are followed."

On October 6, 2005, Chief Constable Battershill wrote to advise me that my complaint did not disclose a recognized Public Trust; Service and Policy; or Internal Discipline default. To which I and lawyer Cameron Ward responded that Sgt. Laur committed a Public Trust default, and possibly a Service and Policy default, by placing himself in such a conflict of interest, and that Chief Battershill was obligated to characterize this complaint. We requested that the investigation proceed without further delay. Another letter from the Victoria Police Department confirmed that their position remained unchanged and my complaint was referred back to the OPCC for consideration and decision.

On January 9, 2006, the OPCC formally characterized my complaint as a "compound complaint" with both Public Trust and Service and Policy components and advised all parties, including Darren Laur, Chief Constable Paul Battershill and Mayor Alan Lowe (Chair of the Victoria Police Board). An investigation began.

Because Chief Constable Battershill was considered a "witness" in the investigation, Chief Constable Paul Shrive of the Port Moody Policy Department was named Discipline Authority for the complaint, with a mandate to review the final report and determine a course of action to follow.

On June 12, 2007, almost two years after the complaint was lodged, I received a letter from Alan Lowe, Chair of the Victoria Police Board, who said that the Board reviewed my complaint pertaining to the Service and Policy component and determined that the current policy did not adequately address current conflict of interest issues, nor did it meet public expectations of conflict of interest guidelines and disclosure processes. As a result, "significant recommendations to the Victoria Police Department Conflict of Interest policy were made that reflect the serious manner with which we consider the issue."

On July 3, 2007, I received a letter from Chief Constable Paul Shrive who found that no Public Trust complaint against Sgt. Laur was substantiated. He did, however, say that there was an apparent or perceived, but not an "actual" (what the hell's the difference?) conflict of interest given Sgt. Laur's past association with Taser International and he agreed that, in the circumstances, Sgt. Laur ought not to have been selected to participate in the Taser Technology Review.

He further expressed his view that, while it was beyond the ambit of his delegation, this matter was of great significance and should be addressed promptly. And while the inspector in charge of the investigation recommended that the Victoria Police Department or Chief Constable Battershill acknowledge to me and the public that Sgt. Laur was in a position of apparent or perceived conflict of interest and ought not to have been selected to participate in the Taser Technology Review, he found that this also fell outside the ambit of his delegation and said he must leave that matter to the discretion of the Victoria Police Department and Chief Constable Battershill. (To the best of my knowledge, neither Chief Constable Battershill nor his department has ever acknowledged this publicly. You read it here first.)

On July 6, 2007, Chief Constable Battershill sent copies of the Executive Summaries of the complaint investigation to me. In his covering letter, he agreed with the determination that Sgt. Laur was in a position of apparent or perceived, but not an "actual" (again, I fail to see the difference) conflict of interest and that in retrospect Sgt. Laur ought not to have participated in the Taser Technology Review. However, he felt it was "evident" that the perceived or apparent conflict of interest posed by Sgt Laur's previous dealings or associations with Taser International did not compromise the Taser Technology Review or the investigation into my brother's death. He noted current standards of public expectation with conflict of interest issues associated to public bodies, and where it is a reasonable expectation to not have had Sgt. Laur's participation.

Finally, he said that the implementation of policy change based on the recommendations from the Victoria Police Board would bring forward a consistency with public expectations on the issue of conflict of interest which police in general have not adequately addressed.

In a final letter from the Office of the Police Complaint Commissioner, the Deputy Police Complaint Commissioner wrote that one of the recommendations from the investigation was that the OPCC recommend that consideration be given to amending the BC Police Act to include a section dealing with conflicts of interest. He noted that the Ministry of the Solicitor General and Public Safety is currently undertaking a review of the Police Act and that separate correspondence would be forwarded to them with respect to this issue.

He noted that it was his view that the issues involving police officers and conflict of interest have not been previously or adequately dealt with and the types of policy changes seen as a result of this investigation are worthy of other police departments to take note of. He concluded by saying that this topic was placed on the agenda of the Canadian Association of Civilian Oversight of Law Enforcement National Conference.

As I noted earlier, Taser President Tom Smith did not believe any of the options granted to police officers represented a conflict. It would seem that not everyone agrees.

Head of RCMP complaints body says taser-use study could mean fewer deaths

October 2, 2006
TERRI THEODORE VANCOUVER - Canadina Press via Macleans.ca

The chairman of the RCMP Public Complaints Commission believes a comprehensive report on police use of the Taser could save lives.

Paul Kennedy told a convention on police oversight he has concerns over how the 50,000-volt device is being used and how early into a police confrontation the stun gun should be put into action.

“I’m not saying Tasers (Nasdaq:TASR) are bad, because the officer also carries a gun,” he told the crowd Monday. “You give me the option between being hit by a Taser and hit by a bullet, I’ll tell you which I’ll select,” he said as the group chuckled.

While Kennedy said the device is used less frequently in Canada than it is the United States, he said a comprehensive report would be a good tool for Canadian police officers.

“And if we do it right, then maybe we’ll have fewer deaths,” he added.

Kennedy suggested his commission and all the other provincial civilian police oversight bodies pool their funds to pay for the report.

He was speaking at the start of the conference of the Canadian Association for Civilian oversight of Law Enforcement.

The use of Tasers by police has become an increasingly controversial subject in Canada. Across Canada, at least six people have died after being shocked by Tasers, which fire two barbs attached to a wire that deliver a 50,000-volt shock on contact for up to five seconds.

The weapon is meant to immobilize aggressors by shocking their muscles.

Manufacturers of the Taser guns, now used by more than 50 police and correctional services across Canada, say their weapons have never been held directly responsible for a death.

In a 2005 letter made public last month, Victoria’s police chief told British Columbia’s police complaints commissioner that he had “philosophical concerns about whether police ‘by themselves’ should be defining where the Taser belongs on the force continuum.”

“As various studies rapidly evolve, it may be necessary to change placement in the continuum and I am not convinced this can be done by police ‘by themselves,”‘ said Chief Paul Battershill.

Amnesty International has called for suspension of the use of Tasers until an independent study can be done. The group’s Hilary Homes welcomed Kennedy’s suggestion, as long as the study is independent.

Kennedy said there isn’t a consensus among police forces on the use of the weapon.

“They’re almost being used as a come-along tool. That’s my concern, where you put it on stun mode, (ask people to) move along. . ., and then you get zapped with this thing,” he said.

Lawyer Cameron Ward, who has represented many people in police-related assaults, said it’s worse in some places. “The reality is that police are using these devices not as an alternative to lethal force, but rather as an easy tool to incapacitate someone. In some cases we’ve seen circumstances where they’ve been used to wake people up, to get them to comply with a demand to be handcuffed,” Ward said.

Homes pointed out the Taser was originally introduced as an alternative to lethal force, but now it’s in the mid-level range of police force. “It’s very easy to use,” she said. “You can take any piece of police equipment and misuse it. But some things are easier to misuse than others and Tasers certainly fall into that category.”

Tasers came into use by Canadian police forces in the late 1990s.

Ward said he is astonished the weapons are being used without any independent safety testing. “There’s a real question as to whether or not these are safe for use on all people.”

Most Canadian coroner’s inquests have ruled out Taser use as the cause of death, instead ruling the death was set off by drug overdose and mental illness, or a condition called excited delirium, evident by aggressive, violent and confused behaviour.

“My concern is who is actually telling the officer how to use these things,” Kennedy said outside the conference. “Now police are doing their best. It’s a valid tool, but I’m not sure if it’s being taught as to when you recourse to it.”

A coroner’s inquest is underway in Vancouver over the death of a man who died after being zapped with a Taser. Police were trying to subdue him after he went on a violent rampage in a burning hotel’s washroom in Vancouver in June 2004.

In Alberta, a police officer is on trial in Edmonton for assault over the use of a Taser.

And in Ontario, a Chatham-Kent police officer faces assault charges after being accused of improperly using a Taser on a man who was being booked at police headquarters on July 6.

Robert Bagnell becomes a case study at CACOLE Conference in Montreal

October 2005
CACOLE Conference, Montreal
Presentation by Victoria Chief of Police Paul Battershill