RCMP's Taser use in 2003 death slammed in report

January 31, 2012
CBC News

The RCMP in B.C. is coming under fire again for the use of stun guns and restraints in the death of a Prince George man, and for the internal investigation conducted after his death.

In 2003, Clay Willey, 33, was hog-tied and shocked with two Tasers simultaneously by officers at the Prince George detachment. He died hours later in hospital.

An autopsy later found Willey had cuts, bruises and broken ribs but ultimately died from cardiac arrest brought on by a cocaine overdose.

A report from the Commission for Public Complaints Against the RCMP (CPC) released Tuesday raises questions about the way police dealt with his arrest and the investigation that followed.

Clay Willey died in July 2003 from several heart attacks following his arrest by Prince George RCMP. (Facebook)

At the time of his arrest, Willey was high on cocaine and causing a disturbance on the streets of Prince George. After he was arrested, Willey continued to struggle and that's when officers decided to pepper spray and hog-tie him.

The report found it was reasonable for the officers to hog-tie Willey in order to restrain him, even though it was no longer part of police procedure, because the officers had no other equipment on hand at the time.

"Constables Graham, Fowler and Rutten utilized an appropriate level of force when effecting the arrest of Clay Willey," said the report.

But how Willey was treated at the police detachment did raise concerns for the CPC. It found police dragged him by his feet out of the police vehicle and then face down through the detachment.

'The simultaneous use of the CEW by constables Caston and O’Donnell was unreasonable, unnecessary and excessive in the circumstances.'—Commission for Public Complaints Against the RCMP

"Constables Caston and O’Donnell failed to treat Mr. Willey with the level of decency to be expected from police officers when they removed him from the police vehicle and transported him to the elevator," it said.

It also found one officer's failure to secure his firearm and another officer's decision to draw her firearm during the transfer were a violation of RCMP policy.

Stunned simultaneously with Tasers

Inside the detachment, Willey continued to struggle against the arm and leg restraints so two officers then zapped him with their stun guns simultaneously in an attempt to subdue him.

The independent report found "the simultaneous use of the CEW by constables Caston and O’Donnell was unreasonable, unnecessary and excessive in the circumstances."

The report also said the RCMP officers didn't get Willey medical help quickly enough, and he died after suffering several cardiac arrests en route to the hospital in an ambulance.

The report also found several problems with the subsequent police investigation, including a failure to properly secure the scene, the cleaning of a police vehicle prior to its examination, failure to collect officers' footwear as evidence, the failure to recognize the loss of Willey's cellphone and failure to interview the officers in a timely manner.

"Neither the criminal nor conduct aspects of the police involvement in Mr. Willey’s death were adequately investigated or addressed."

The report from the CPC points out the RCMP agreed with virtually all of its findings and recommendations, but said the force took too long to respond to an interim report, which was completed 14 months ago.

RCMP accept report's findings

A previous internal RCMP code of conduct report cleared the officers of any wrongdoing, but on Tuesday top Mounties in Prince George said they agreed with the findings of the new CPC report.

Superintendents Eric Stubbs and Rod Booth said the RCMP code of conduct hearing should have been handled differently and admit the way Willey was treated wasn't up to police standards.

Booth said had he been in charge of the code of conduct hearings the officers may not have been cleared. Both said many changes have been made since Willey's death in 2003 such as ending the practice of hog-tying prisoners.

The RCMP will be meeting with Willey's family and say a civil suit is before the courts.

In 2010, a public inquiry into the 2007 death of Robert Dziekanski at Vancouver International Airport concluded RCMP were not justified in using a Taser against the Polish immigrant and that the officers later deliberately misrepresented their actions to investigators.

An embarrassing anniversary arrives for a broken RCMP complaint system

November 21, 2011
British Columbia Civil Liberties Association

An embarrassing anniversary arrives for a broken RCMP complaint system

November 23 is the second anniversary of B.C.’s Solicitor General filing a complaint with the Commission for Public Complaints Against the RCMP (“CPC”) in relation to the 2003 death of Clayton Alvin Willey. At the time of the complaint, the Solicitor General called the investigation into the details of Willey’s death a matter of “confidence in the RCMP.” Two years later, the investigation by the CPC has not been completed.

The CPC is the same organization recently asked to conduct a multi-year investigation of sexual harassment complaints by female RCMP police and civilian staff.

“Ensuring standards of performance are met on complaints is a concern for all British Columbians. It should be a concern of the RCMP as well,” said Robert Holmes, Q.C., President of the BCCLA. “It is imperative that the Solicitor General ensure that the RCMP and CPC agree to appropriate performance measures if BC is to enter into a new contract. It shouldn’t take two years to respond to complaints. If the CPC and RCMP are going to allow multi-year delays in complaint investigations, they’re effectively thumbing their noses at those they’re supposed to serve.”

Clayton Alvin Willey died shortly after being removed from the Prince George RCMP detachment by ambulance. He had been Tasered multiple times while hog tied, and had been dragged while hog tied from the back of an RCMP SUV and allowed to drop, full weight, on his head and chest, fracturing his skull and ribs. RCMP video showed Mr. Willey being dragged through the RCMP detachment and receiving multiple Taser applications. The 2003 case rose to prominence again in 2009 when the BCCLA and Union of B.C. Indian Chiefs publicly released details contained on an RCMP surveillance video of the death and called for the release of the video.

“Clayton Alvin Willey’s death is a black mark on the record of service of the RCMP in BC,” noted Holmes. “We want timely investigations and prompt accountability for any who failed to live up to the standards the RCMP is supposed to live by. Instead, we are left knowing that another season’s ice is forming on the Ottawa River and that eight years after Mr. Willey died in 2003, we still have no answers from the force or the Complaints Commissioner whose job it is to uphold the public’s trust.”

Police 'convinced' Tasered boy, 11, was dangerous

Apparently it is okay for our police to use a legally-defined LETHAL WEAPON against a child carrying a pen, even if it did look like a knife. And no sanctions on this rookie officer? What if the child had died? Thank God he wasn't wielding a stapler! Another justification comes from the fact that the boy gave the police the finger! That showed 'disrespect for police' apparently, so that is the rationale for using the taser. Oh-- the boy HAD been seen with a knife earlier. Truth be told, after a 40-minute stand-off, the boy was lured out on the porch and the Taser was fired. We have no indication on placement of darts, duration of stun, etc. We just have police investigating police. Again. WVPD Chief Lepine is a former Mountie. This all leans heavily towards the need for the Independent Investigation Office (IIO). When will this civilian-led body be formed?

October 18, 2011
The Canadian Press

WEST VANCOUVER, B.C. — Police were convinced an armed, deaf, 11-year-old was violent and a danger to himself and others when they used a Taser on him following a confrontation last April, a police report has said.

Chief Pete Lepine of the West Vancouver Police Department said in a news release Monday the RCMP officers involved that day faced a dire situation that had little chance of a publicly acceptable outcome.

He noted officers could have declined to use a Taser and risk the situation escalating to the point where the boy harmed himself or others, possibly forcing officers to use lethal force.

Or officers could take the path they ultimately chose: Use the Taser on the boy and deal with the public relations disaster later.

"I can assure all of you that everyone involved in the original incident, as well as the investigation, was fully aware and sensitive to the fact that the police were dealing with a child," Lepine wrote.

"However, ultimately, the boy's age was secondary to the fact that his apprehension was deemed necessary in order to prevent him from causing further grievous bodily harm or death.

"...If the officers had decided not to take overt action to apprehend the child quickly, they would likely have been subjected to harsh criticism for standing idly by while the child harmed himself or someone else."

Lepine was heavily criticized last month for releasing his investigators' independent findings into RCMP actions that day by simply saying the officers were justified in using the device on a child.

He provided no explanation as to why.

On Monday, he said he was releasing a detailed account after consulting with other agencies conducting a review of the incident and also the B.C. Civil Liberties Association, which has been highly critical of RCMP Taser use in the past.

Lepine said police were called to the Prince George residential group home at about 5:30 p.m. April 7 after a report that an adult had been stabbed by an 11-year-old boy.

Officers were told the boy was hearing impaired but that his hearing aids had been damaged in a previous incident.

Before police arrived at the scene, the boy had holed himself up in the large, main residence with a bottle of wine and a knife. He also had access to other weapons, Lepine's report said.

Police were told he was "prone to extremely violent outbursts, during which he exhibited extraordinary strength for his age and size and presented a viable threat to his own safety as well as the safety of adults attempting to manage his outburst," the report said.

Investigators were also told he would not back down from a physical confrontation and could attack officers.

The police who arrived on the scene positioned themselves to watch the boy and quickly determined that a forced entry of the residence wasn't reasonable.

Instead, officers attempted to negotiate with him.

Lepine's report said when the boy appeared at a small second-story window, one of the officers tried to talk to him. The boy opened the window and used a knife to cut out the screen and hung his upper body outside, prompting concern he might fall.

Discussions stopped.

Lepine's report said officers also saw the boy slashing at his sweatshirt and running a knife blade over the palm of his hand and up his arms.

Eventually, the boy asked for some belongings, the report said.

Police left them on the front porch and the boy came to retrieve them -- armed with a knife at all times. He made the sign of a cross, which police had been told was "an indication that things were going to get bad."

The boy came out of the house again to post a note, which officers couldn't read.

At this point, Lepine's report said, investigators concluded that their efforts to de-escalate the situation weren't working and that the boy was increasingly a danger to himself.

"His willingness to engage in violence and use weapons against adults indicated that physical confrontation with the boy would present an extremely high risk to all involved," the report said.

The officers decided to use a Taser if the boy came out again.

The boy was asked to come out and clarify the contents of the note. When he did, he was holding a knife and a Taser was deployed once.

Officers gained physical control of the boy and found he had a pen, not a knife, in his hand.

During the independent investigation of the RCMP's actions, Lepine said West Vancouver investigators sought the opinion of a "recognized subject matter expert" in policing that concluded the officers' decisions were "sound, appropriate to the situation and in keeping with their training and existing policy."

"It was clear to me that the officers involved responded to a dynamic and potentially deadly incident in a measured, appropriate and professional manner," Lepine concluded.

After the boy received the jolt, the boy was taken to hospital for observation and released the next day.

The Commission for Public Complaints Against the RCMP and B.C.'s children's watchdog have launched their own investigations. The RCMP is also conducting an internal review.

Two RCMP officers were placed on administrative leave after the incident, but they returned to their full duties in late June.

Boy, 11, was holding pen, not knife, when Tasered by RCMP

October 18, 2011
Andrea Woo, Vancouver Sun

The 11-year-old boy whom Prince George RCMP hit with a Taser in April was holding a pen, not a knife, at the time, an update on the investigation reveals.

However, the boy did have a knife earlier in the incident and was described as having "extraordinary strength" and being prone to "extremely violent outbursts," the update says.

The details were released on Monday by West Vancouver Police Chief Peter Lepine, who was following up on a promise to release more information on his Sept. 15 decision not to recommend charges against the officers.

"The officers decided that the Conducted Energy Weapon (i.e., the Taser) would be their best force option for resolving the incident as safely as possible," Lepine wrote.

The officers were dispatched to a residential address at 5:30 p.m. on April 7 after a call reporting a man had been stabbed.

A 37-year-old man with a stab wound was taken to hospital with non-life-threatening injuries, while the boy, who allegedly stabbed the man, barricaded himself inside the residence.

Before police arrived, the boy had been seen drinking from a bottle of wine and walking around the residence with a knife, Lepine wrote.

According to information gathered from adult witnesses, the boy:

. Was hearing impaired but without his hearing aids.

. Was prone to "extremely violent outbursts, during which he exhibited extraordinary strength for his age and size."

. "Would not back from physical confrontation with adults and was likely a high risk to attack officers if they approached him suddenly or unexpectedly."

. Would exhibit "warning signs" before violent outbursts, including making "the sign of the cross."

Officers saw the boy slashing his sweatshirt and running a knife blade over the palm of his hand and up and down his arms, Lepine wrote. The boy also gave the officers the middle finger and threw a wine bottle and wine glass out of the window of the residence.

The boy came out of the residence several times, once to gather some personal effects he'd asked for, and again to post a note on the porch wall. It turned out to be illegible when officers tried to read it.

"He kept a knife with him at all times and, while outside on the porch, officers and adult witnesses saw him make 'the sign of the cross' in front of his chest," Lepine wrote.

After 40 minutes, officers felt the boy was growing increasingly frustrated. They decided to intervene before the situation "escalated to the point where lethal force was an appropriate option for the resolution."

When the boy emerged from the residence a third time, "the Taser was deployed in a single cycle and the boy was immobilized long enough for the officers to gain physical control over him and seize what turned out to be not a knife but a pen," Lepine wrote.

"Once the boy was physically secure, officers immediately removed the Taser probes from his back and had him transported to hospital."

Lepine, who also sought the opinion of a use of force expert, determined the officers' actions were appropriate.

"I understand and expect that there will be those who believe that my decision to publicize these details is an attempt to vilify the 11-year-old boy in order to exonerate the police," he wrote.

"I can assure all of you that everyone involved in the original incident, as well as the investigation, was fully aware and sensitive to the fact that the police were dealing with a child. However, ultimately, the boy's age was secondary to the fact that his apprehension was deemed necessary in order to prevent him from causing further grievous bodily harm or death."

David Eby, executive director of the B.C. Civil Liberties Association, which was consulted in the investigation, said he is glad West Vancouver police released more information. But he said the information is "extremely concerning" and means the investigation now must "go to the next level."

"This explanation that the child didn't have his hearing aids, that the child had no weapon at all when he was ultimately Tasered, raises some very serious questions for us and escalates this incident, in our mind, to one that requires the urgent attention of the Commission for Public Complaints Against the RCMP," Eby said.

The officer who deployed the Taser had just 18 months experience with the force. He was placed on administrative leave following the incident.

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.

Probe into Chilliwack man's death in police custody finds Mounties 'acted reasonably'

September 15, 2011
Tyler Olsen, Chilliwack Times

A long-awaited report into the death of a Chilliwack man in police custody has found that RCMP officers acted reasonably in the case.

Robert Knipstrom died on Nov. 24, 2007, after being Tasered and arrested following a hit and run. Shortly after being taken to hospital, Knipstrom suffered a cardiac arrest and died.

The report from the Commission for Public Complaints Against the RCMP "found that the use and subsequent deployment of the Taser on Mr. Knipstrom was reasonable in the circumstances, and the members appropriately sought and obtained medical treatment for Mr. Knipstrom."

But the CPC also expressed concerns with the investigation following Knipstrom's death. Many of the problems were similar to other CPC reports into in-custody deaths.

The CPC made four recommendations in its report, including that witness interviews in serious incidents "should be conducted by a two member team."

The report also takes the RCMP to task for the length of time it took the force to respond to the CPC's interim report, which was completed nearly 21 months ago.

"In the view of the CPC, that delay was neither appropriate nor necessary, nor has it been explained," said a press release issued Thursday.

EDITORIAL: Aiming higher - tasering of children must always be a last resort

April 16, 2011
Calgary Herald

The Tasering of an 11-year-old by a junior RCMP officer in British Columbia has rightfully put the controversial use of these weapons back under public scrutiny.

The RCMP have so far released little information about the April 7 incident in Prince George, other than a brief statement saying the boy was a suspect in the stabbing of a 37-year-old man at a group home. The boy fled to a neighbouring property, where he was found by police and arrested.

"Efforts were made to get the individual out of the house, and when he emerged from the home, a conducted energy weapon was deployed by a member," said the statement.

The officer, who has just 18 months experience, has been placed on administrative leave while the West Vancouver Police Department investigates the case.

The first disappointment is that police are using other police to investigate their conduct more than three years after the Robert Dziekanski tragedy and despite two public inquiries that recommended the establishment of a civilian-based investigative body, modelled on Ontario's Special Investigations Unit.

The lack of information at this stage is perhaps understandable after the Mounties mangled the media response to Dziekanski's death in October 2007 at Vancouver International Airport. RCMP released factually inaccurate information in the early stages of the criminal investigation, and then chose not to correct the inaccuracies.

The report from the internal investigation into the Prince George incident must be made public -the sooner, the better. The incident is another blow to the reputation of the once-proud Canadian institution, with strong criticism coming from high-profile observers.

Mary Ellen Turpel-Lafond, B.C.'s representative for children and youth, believes police should never be using Tasers on children.

She'll be conducting her own review into the case, because it's the province's responsibility to ensure the safety of kids in foster care or group homes.

"When we think about this being a very young aboriginal, vulnerable child, 11 years old, living away from home, in a group home, I can't think of a more vulnerable child," she said, adding the boy was assessed in hospital and released back into custody.

The Commission for Public Complaints Against the RCMP issued a news release saying it too is "closely monitoring the case."

Amnesty International Canada believes this is the youngest person to ever be Tasered by police in Canada.

Central Saanich Police Service is the only force in B.C. to prohibit the use of stun guns on children, the elderly, pregnant women and other vulnerable people.

Ultimately, clear regulations restricting the use of conducted energy weapons on children are needed, and they should be consistent across all police forces in the country.

The use of a Taser on a child should be permitted only in the rarest of circumstances. It should be deployed only if there is an immediate threat to life and after all lesser ways of de-escalating the situation have been exhausted.

Mounties involved in case of boy jolted with Taser not yet interviewed

April 15, 2011
The Canadian Press

VANCOUVER — Mounties who used a Taser on an 11-year-old B.C. boy more than a week ago have yet to be interviewed by officers from an outside police force investigating the incident.

Chief Const. Peter Lepine of the West Vancouver Police Department said investigators first interviewed witnesses to the boy's arrest in Prince George, B.C.

"It may seem that interviewing the officers is a task that should have been included in the first phase of the investigation while the team was in Prince George but there is more work to be done before those interviews can take place," Lepine said.

Lepine said his priority is to conduct a fair, thorough and transparent investigation.

West Vancouver police were asked by RCMP to investigate after the boy was shocked by Mounties April 7.

The Commission for Public Complaints against the RCMP has announced it will conduct its own investigation and the children's watchdog in B.C. has said she's leaning toward doing a probe as well because the boy was in government care.

The boy was stunned with a shock weapon after RCMP officers responded to a 911 call that a 37-year-old man had been stabbed at a B.C. Children's Ministry facility.

Police found the 11-year-old suspect at a neighbouring property, and the Taser was deployed during his arrest.

First Nations groups have said an independent body, not another police force, should investigate the RCMP officers' actions.

A public inquiry into the 2007 death of Robert Dziekanski at Vancouver's airport after he was jolted with an RCMP Taser resulted in recommendations for an independent civilian-led police watchdog in B.C.

Last June, former solicitor general Mike de Jong promised such a body would be formed within the next 12 months.

According to evidence presented at the Dziekanski inquiry, the boy may be the youngest person ever shocked by a police Taser.

Boy's tasering will be probed

April 15, 2011
Postmedia News

The Commission for Public Complaints Against the RCMP has launched a probe of the conduct of an RCMP officer in Prince George, B.C., who used a Taser on an 11-year-old boy last week.

Ian McPhail, a lawyer who is the interim chair of the commission, initiated the complaint Thursday into the conduct of the officer involved in the April 7 incident.

"We've been monitoring this case since the day of the incident," said Jamie Robertson, spokesman for the RCMP complaints commission.

He said the commissioner's probe will run parallel to the criminal investigation being conducted by the West Vancouver police department.

Robertson said the RCMP itself has raised issues of caution using a Taser on children because they are considered a medical risk group.

The commission's probe will determine whether the use of force was justified and whether it complied with policies, procedures and training.

The RCMP's policy on the use of a Taser was changed a year ago, after the death of Robert Dziekanski at Vancouver's airport on Oct. 14, 2007 and the subsequent provincial inquiry.

The RCMP can now only use a Taser when there is immediate risk of death or bodily harm to the officer or another individual.

The 11-year-old boy was Tasered after police received a 911 call on April 7, reporting a man had been stabbed.

Mountie who Tasered boy placed on administrative leave

April 13, 2011
Vancouver Sun

The Prince George RCMP officer who Tasered an 11-year-old boy last week has been placed on administrative leave, says the West Vancouver police department which has been assigned to investigate the case.

The officer involved has 18 months experience, West Vancouver Police Cpl. Fred Harding said in a press release Tuesday.

The West Vancouver police "operate with the knowledge that there is a public concern with the perception of police investigating police. (West Vancouver Police) Chief Lepine is confident that the officers assigned to the investigation will ensure that as with all West Vancouver Police investigations, the highest levels of integrity and policing standards will be applied," Harding said.

A prominent human rights groups said Monday it is "very troubled" by the case and said federal leadership is needed to ensure the weapon is not used unnecessarily against children.

Alex Neve, secretary-general of Amnesty International Canada, said strict guidelines are needed to govern the use of Tasers, especially on children, and that alternative and less dangerous methods of enforcement should be exhausted before the device is used by police.

"Police forces should adopt guidelines which prohibit the use of Tasers against children unless there is an immediate threat to life that cannot be dealt with though lesser means," Neve said Monday. "It's a pretty high standard — it's an immediate threat to life, not an immediate threat of harm or injury. That's the only circumstance, in our view, police should even consider resorting to a Taser when dealing with a child.

"It needs to be a consistent guideline applied across the country. What we are often faced with in Canada, because we have a multitude of different policing jurisdictions, is different policing forces being subjected to different standards and regulations. When it comes to something this profoundly important — what kind of weapon is going to be used against a child — it can't come down in the end (to) what municipality and province that child happens to be in. We need to see some real federal leadership here."

The 11-year-old boy was Tasered by police after he was accused of stabbing a 37-year-old man in a group home on April 7. The child was taken to hospital for assessment, while the stabbing victim was brought to hospital with non-life threatening injuries.

Mary Ellen Turpel-Lafond — B.C.'s child and youth advocate — is reviewing the case. She said she expects she will launch a formal investigation, noting the youth is an aboriginal living in care and is therefore among the "most vulnerable" youths in B.C.

The Commission for Public Complaints Against the RCMP issued a news release saying it is "closely monitoring the case."

Neve noted that last week's case involves the youngest person that, to Amnesty International's knowledge, has ever been Tasered in Canada. He said any potential police review of the B.C. case "will almost certainly point to a very serious need for much clearer guidelines that determine when and if Tasers will ever be used against children."

The president of the Vancouver Police Union said officers must carefully weigh the use of a conducted energy weapon (CEW) such as a Taser.

"It's generally not something that a police officer would consider doing lightly," Tom Stamatakis said. "We would see using a charged electric weapon against a minor, an elderly person, a pregnant woman or someone with a known medical condition as a higher risk application of that level of force. We would be much more cautious about discharging a CEW in those circumstances."

Stamatakis also said that officers face unique challenges in policing situations involving minors.

"Dealing with youth is challenging for police officers, especially youth that are at risk," he said. "It's not like you're dealing with an adult that's more developed physically and mentally. You're dealing with a child that's still a child, regardless of what they're doing."

Neve said Canada's reputation regarding Taser use isn't the cleanest, tainted by other headline-grabbing cases such as the death of Polish immigrant Robert Dziekanski after he was Tasered by Mounties at Vancouver's airport.

"Because of the Robert Dziekanski incident in particular, the world is very much aware of the fact that Canada does not yet have its act together when it comes to ensuring proper regulation of Taser use by police in this country," he said. "This case is almost inevitably going to deepen those concerns, therefore all the more reason why we need to hear very quickly — in a detailed and transparent way from the police — as to how this all transpired."

Nick Bala of Queen's University's faculty of law said that to have a child so young Tasered by police is "unprecedented" in Canada, adding there are "grave concerns" about the situation.

Bala, who has authored several books on youth justice in Canada and a paper on criminal acts by children under the age of 12, said it is difficult to know where the onus lies in the most recent incident, but added the use of a Taser on a child that young would be extreme in most cases.

"We've never had a case like this in Canada when it would have been appropriate," he said. "And unless he had a firearm or possibly was threatening someone with a knife at the moment he was Tasered, it would not be appropriate physically, psychologically or legally."

Bala said until an investigation sheds more light on what actually happened, there will be many unanswered questions, but added the level of risk in Tasering is elevated in a child that young.

He noted the early indicators from last week's case in B.C. do not point to a justified use of a Taser.

"In fairness to the officer, we don't know whether the officer was aware of (the boy's) age ... but even with an adolescent, there are concerns about the use of Tasers," he said. "Officers are required to use reasonable force. There are situations where you have a large, threatening adult where a Taser may be appropriate, but this does not seems to be one of those cases.

"I'm not saying it would never be appropriate, but there would be very grave concerns about the situation and it would take most unusual circumstances to justify and I certainly hope the details of the investigation will be made public in due course."

Braidwood critical of probe into use of Taser on child

April 10, 2011
James Keller , The Canadian Press

The case of an 11-year-old boy who was stunned with an RCMP Taser in British Columbia is yet another reminder that police shouldn't be investigating themselves, says the head of a wide-ranging public inquiry into the death of Robert Dziekanski.

The Mounties have asked West Vancouver police to investigate what happened when the boy was jolted with a Taser in Prince George last Thursday.

The RCMP said the boy was considered a suspect in the stabbing of 37-year-old man, although neither the Mounties nor the West Vancouver police have explained what prompted an officer to fire the Taser, what other options were used first, or whether the boy was holding a weapon when he was stunned.

Former appeal court justice Thomas Braidwood, who oversaw two sets of public hearings following Dziekanski's 2007 death at Vancouver's airport, said the case underscores his call for a civilian-led body to investigate the conduct of police.

"The most significant and important weapon the arsenal of any police force is public support, and the way to get public support is to have an independent body investigate situations like that," Braidwood told The Canadian Press in an interview Sunday.

"If the other tribunal is not in place, then I can see that (calling in the West Vancouver police) is the way it would have to be, but I don't agree that is the correct solution, because there is a camaraderie and other matters that exist between police forces -- and indeed, so there should be, they have to support each other -- so it doesn't quite go far enough."

Braidwood was appointed to examine what happened when four RCMP officers confronted Dziekanski -- a Polish immigrant who was agitated, confused and didn't speak English -- at Vancouver's airport in October 2007. Within seconds of their arrival, the officers stunned Dziekanski multiple times with a Taser, and he died shortly after.

Braidwood first conducted hearings into the broad issues surrounding Taser use, and later examined Dziekanski's death in detail.

In his report into Dziekanski's death, he called on the B.C. government to create an independent body to investigate cases involving police conduct, similar to agencies in place in Ontario and Alberta.

The provincial government has since pledged to create such a body and the RCMP has promised to use it in cases involving its own officers, but it has so far not materialized.

Braidwood said he's still confident the province will follow through.

"They accepted all of the recommendations, so I'm very pleased with them about that," said Braidwood. "I just wish they'd hurry up."

Braidwood declined to comment about the specifics of the Prince George case.

While his reports didn't make any recommendations about the use of Tasers on youth, one of them said children, because of their small size, could be at an elevated risk from a Taser jolt.

Braidwood's 2009 report on Taser use in B.C. also concluded a Taser jolt can be deadly in certain rare cases, and called for tighter restrictions on their use. That finding prompted Taser International to challenge Braidwood's findings in court, but a judge ruled against the company.

The document noted only two police forces in the province -- Victoria and Saanich -- had policies advising offers to avoid using Tasers on "very young" suspects, though that term wasn't defined. The RCMP did not have such a policy when Braidwood issued his report, and no one from the force was available to comment Sunday about whether that's changed.

A separate report released last year by the Commission for Public Complaints Against the RCMP identified 194 cases between 2002 and 2009 in which the force deployed Tasers on subjects aged 13 to 17, including two 13-year-olds. None were as young as 11.

As for the incident in Prince George, Simon Fraser University criminologist David MacAlister said the "extremely young age" of the boy adds to the questions the investigation must answer -- especially to address the public controversy it has already generated.

"To hear that somebody as young as 11 was on the receiving end of a big jolt came as a bit of a surprise," said MacAlister, who stressed it was impossible to make any conclusions about the officers' conduct without knowing exactly what happened.

"What were the police thinking? What alternative responses were they contemplating? You have to wonder what happened in the situation to merit the use of a Taser."

B.C.'s representative for children and youth is considering launching her own investigation.

RCMP moving forward with Taser recommendations: watchdog

February 10, 2011
Ian Mulgrew, Vancouver Sun

VANCOUVER — The Commission for Public Complaints into the RCMP has closed the file on the tragic 2007 death of Robert Dziekanski at Vancouver International Airport.

In a final report, interim chairman Ian McPhail said the force was in the process of addressing all 16 recommendations made in 2009 after the commission's initial investigation of the Polish immigrant's death at the hands of the RCMP.

Most of those recommendations concerned the use of Tasers.

The Mounties say 11 of the recommendations are already implemented, two have been partially implemented and the remaining three also have been separately addressed.

"In particular," McPhail wrote in the report, "the RCMP has revised its policy on the usage of (conducted energy weapons) and the reporting and tracking requirements flowing there from. The RCMP is also increasingly emphasizing de-escalation in its member training.

"In addition, the RCMP has developed and implemented an external investigation policy which requires that serious incidents be investigated by other agencies. Notably, the commissioner (of the RCMP) also addressed deficiencies in member note taking and emphasized the importance of thorough and reliable contemporaneous notes."
Concerns continue to exist with respect to the national force's capacity for strategic communications, McPhail added, and "the commission hopes that progress in this area continues."

An independent body with jurisdiction over complaints about all members, the commission normally waits for the RCMP to respond to a report before publicly releasing its findings.

In this case, however, the former chair felt public interest demanded the results of this investigation be released as quickly as possible.

The international attention, the widespread concerns over what happened and the slow pace of the Braidwood Inquiry into the incident, pushed the commission toward the release of the report in December 2009.

In it, former chairman Paul Kennedy concluded the RCMP officers failed in the performance of their duties and afterward, lied about what happened when they subdued the 40-year-old Dziekanski with multiple Taser jolts.

The RCMP only disagreed with the commission's criticism of a use-of-force expert who was consulted during the police investigation.

Lisa-Marie Inman, director of reviews for the commission, said the report was found to be limited in direction. For example, she said it failed to compare the officers' actions against the RCMP's specific policy for use of force.

As well, Inman said Fawcett's report made certain assumptions that were not conclusive, such as that Dziekanski was angry.

"The RCMP commissioner disagreed and referenced the use of force expert's qualifications and the evidence available to him," the commission said. "The CPC stands by its finding . . ."

RCMP acted appropriately in arrest of B.C. man who died following arrest: report

OH REALLY???? Robert Knipstrom, as far as I know, was pepper sprayed and then tasered AT LEAST SIX TIMES by the RCMP - please explain to me how THAT is considered reasonable!! And the "official" cause of death? Acute ecstasy intoxication (ok, I get that) and the "not-very-helpful" "excited delirium".

See also Taser Death Delay

January 25, 2011
The Canadian Press

OTTAWA - The watchdog over the RCMP says Mounties acted appropriately in the arrest of a British Columbia man who was hit with pepper spray and a Taser before dying five days later.

In an interim report, the Commission for Public Complaints Against the RCMP says officers "acted reasonably" in subduing Robert Knipstrom during the November 2007 incident in Chilliwack, B.C.

However, the complaints commission has several concerns about breaches of protocol in the subsequent police investigation.

The report says two Mounties were called to a shop where Knipstrom was behaving erratically and a violent struggle soon ensued.

The Canadian Press obtained a copy of the complaints commission's November 2009 report under the Access to Information Act.

The RCMP has yet to respond to the findings.

Report clears RCMP of wrongdoing in death of man Tasered and pepper sprayed

January 25, 2011
Jim Bronskill, The Canadian Press

OTTAWA - The watchdog over the RCMP says Mounties acted appropriately in the arrest of a British Columbia man who was hit with pepper spray, a baton and Taser stun guns before dying five days later.

In an interim report, the Commission for Public Complaints Against the RCMP says officers "acted reasonably" in subduing Robert Knipstrom during the November 2007 incident in Chilliwack, B.C.

Constables called to the scene "exercised their use of force options in a manner consistent with the law and RCMP policy," says the November 2009 report by then-complaints commission chairman Paul Kennedy.

However, the complaints commission had several concerns about breaches of protocol in the subsequent police investigation.

"It is difficult for both the police and the public to critically examine violent encounters between the police and a member of the public," the report says.

The Canadian Press obtained the commission's initial report under the Access to Information Act. The RCMP has yet to respond to the findings. Once it does, the commission will issue a final report.

The events began Nov. 19, 2007, when Knipstrom was allegedly involved in a hit-and-run accident in Chilliwack, the report says. He continued on to an equipment rental centre to return a machine.

A witness to the accident, meanwhile, apparently followed Knipstrom to the store and called the RCMP. Upon their arrival at the shop, Knipstrom was behaving erratically. He brushed past one of the officers and adopted a boxer's stance with fists clenched.

A constable tried to restrain Knipstrom, who was "pushing, punching and lunging" at the officer, the report says. The constable used pepper spray, a Taser and his baton, while a second one hit Knipstrom with pepper spray and a Taser — reportedly to little or no effect.

Eventually, backup arrived and Knipstrom was restrained and handcuffed. He was taken to hospital in Chilliwack but lost consciousness and did not regain it before dying Nov. 24.

The arrest occurred just days after the November 2007 release of the now-infamous video of Robert Dziekanski being zapped with a Taser at the Vancouver airport. The Polish immigrant's death prompted intense scrutiny of the potent police weapons.

The officers who arrested Knipstrom appropriately requested and obtained medical treatment for him, the report says.

A team of Mounties — none of whom knew any of the three members involved in the arrest — looked into the incident, consistent with force policy at the time. Since the Knipstrom report was completed, the RCMP has instituted a policy of no longer investigating itself in cases of serious injury or death.

The complaints commission report says all relevant witnesses were interviewed. However, it expresses concern that an RCMP staff relations representative — the closest thing the force has to a union representative — was allowed to meet with officers before they made statements about the events.

In addition, early on in the probe, one of the constables involved in the arrest was assigned to interview the two main civilian witnesses, creating a conflict of interest.

The report also takes issue with the fact a number of interviews were conducted by another Mountie of the same or lower rank. It recommends that all interviews of members involved in serious incidents be conducted by officers of a higher rank to avoid the potential for intimidation of the investigator.

Still, the complaints commission says there was no evidence to support a prosecution of the officers, and it was reasonable for the RCMP not to submit a report to Crown counsel for review.

Tasered and hog-tied correlates with death in custody: RCMP watchdog

December 12, 2010
Jim Bronskill, The Canadian Press

OTTAWA—The watchdog over the RCMP is urging the police force to clearly tell officers not to hog-tie people after finding the generally forbidden technique was used in 40 per cent of cases in which someone died after being hit with a Taser stun gun.

A new report by the Commission for Public Complaints Against the RCMP also reveals “a number of instances” among the 10 deaths where members who fired the Taser were not certified to use the powerful weapon.

The hog-tie involves binding both the hands and feet behind a person, then linking them with rope or other such restraint.

The report recommends the Mounties better train officers on identifying, dealing with, and using force on the mentally ill and those with drug and alcohol problems.

“Many of the individuals had pre-existing medical conditions and a significant number of individuals were confirmed to have had a history of mental health problems,” says the report by complaints commission chairman Ian McPhail.

It also advocates detailing all deaths in police custody in a national database, which could improve understanding of risk factors and prevent future fatalities.

The Canadian Press obtained a copy of the commission’s interim report, completed in late July, under the Access to Information Act. A final report will be issued following feedback from RCMP Commissioner William Elliott.

Tasers can be fired from a distance, felling suspects with high-voltage bursts through sharp probes that dig into the skin, overriding the central nervous system. They can also be used up close in touch-stun mode, likened to leaning on a hot stove.

In an effort to see common threads, the commission looked at the 10 cases, spanning 2003 to 2008, in which someone died in RCMP custody after a Taser had been used. Six of the deaths occurred in British Columbia, with one each in Alberta, New Brunswick, Nova Scotia and Yukon.

The commission examined 50,000 pages of material related to the cases to come up with “a very general overview” of the people who died, namely:

A male who was initially unarmed;

A suspected or known user of a drug, most often cocaine;

Highly agitated; and

With pre-existing medical conditions, most likely cardiovascular in nature.

The use of the Taser most likely involved a police response to a disturbance call, was fired in both touch stun and probe modes, and involved three to four members.

The complaints commission generally found that relevant Taser policy was followed. But it noted the hog-tie was “still being readily used” to restrain people after stun gun firings despite being prohibited by the RCMP in 2002 with only specific exceptions.

The report says given that a number of autopsy reports listed body position as a preceding circumstance or contributing cause of death, the RCMP “ought to ensure that members understand the potential impact of using prohibited restraint mechanisms.”

It recommends the RCMP “develop and communicate to members clear protocols on the use of restraints and the prohibition of the hog-tie, modified hog-tie and choke-holds.”

The commission also found the RCMP’s “In-Custody Death” form — intended to capture information about the circumstances of a fatality — was not completed in eight of the 10 cases.

A separate Mountie Taser use form was filled out in seven cases, but many were completed “a significant time after the incident.

In addition, the information on file was often too limited to determine what officers did to try to de-escalate confrontations.

Continued employment of the hog-tie and the fact a number of officers weren’t qualified to use a Taser are reasons for concern, said Hilary Homes of Amnesty International Canada.

“I think this is a good example of why you need to have strong minimum standards.”

David Eby, executive director of the British Columbia Civll Liberties Association, wondered why it took an Access to Information request to dislodge the report. “This is important information that should be available widely.”

The RCMP said it would be inappropriate to comment on the interim report before the commissioner’s formal response is sent to the complaints body.

In May, the Mounties introduced a new Taser policy, saying they would fire stun guns at people only when they’re hurting someone or clearly about to do so.

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

Taser death delay - RCMP failing to sign-off on Knipstrom report now 300 days overdue

September 17, 2010
Tyler Olsen, The Times

Nearly three years after Robert Knipstrom died after being arrested by Chilliwack Mounties, an investigation into the events leading up to his death continues to gather dust at RCMP headquarters.

Knipstrom died on Nov. 24, 2007, five days after being pepper sprayed, Tasered and hit with a baton as Mounties attempted to subdue him.

The Commission for Public Complaints (CPC) Against the RCMP launched a "chair-initiated complaint" immediately after the arrest of Knipstrom. Last November it completed its investigation into the incident and forwarded its report to the RCMP for final comment.

The CPC recommends that the Mounties take no longer than 30 days to sign-off on reports and comment on whether, and how, it plans to address the issues raised. But nearly 300 days after receiving the Knipstrom case, the report has still not been released.

The initial complaint called for a review: of Mounties' use of force; of medical treatment Knipstrom received in Chilliwack immediately following his arrest; "of whether the RCMP officers involved in the criminal investigation of the members involved in the events of Nov. 19, 2007, complied with the RCMP policies, procedures, guidelines and statutory requirements;" and of whether that investigation "was carried out in an adequate and timely fashion."

The delay cannot be explained by a lack of familiarity with the case on the part of Mounties; the investigation into how Knipstrom died was itself undertaken by the RCMP. Still, the CPC report will be made public, but only after the RCMP top brass reports on what actions the police force may take.

"They're responding to our recommendations in this report," said CPC spokesperson Kate McDerby. "That's why we feel that the 30 days, as a guideline, is something that is manageable--because they're not going back to investigate it again.

The Knipstrom case isn't unique as far as overdue CPC reports go. Indeed, the RCMP has yet to sign off on 14 reports that are even older than the Knipstrom case. One of those reports has been waiting for RCMP comment for more than 500 days, according to McDerby.

This backlog of CPC reports is relatively new. After clearing a separate accumulation of investigations by March of last year, the Mounties were praised in the CPC's 2009 annual report.

But the RCMP says that recent large-scale security operations have strained its ability to deal with the reports.

"There is currently a backlog and the reason for that is we've had to reallocate our resources over the past 12 months due to the Olympics and the G-8 and G-20 meetings earlier this summer," said RCMP spokesperson Sgt. Pat Flood.

McDerby said the CPC and the Mounties are meeting to address the problem. Still, with cases like Knipstrom's long overdue, the organization is encouraging the RCMP to get moving.

"We know that there were constraints put on the RCMP this year," said McDerby. "In spite of that, we feel that the creation of a backlog becomes part of a slippery slope and...we're the shepherds of the public complaints process, we want to ensure that Canadians have access to [a process] that is timely."

Until receiving notice from the RCMP on what action it may take to address the reports, the CPC cannot comment on any recommendations it may have made.

"Ideally we like a complaint to be, from the time it comes in until the final report is issued, to be no longer than a year," she said. The Knipstrom case is approaching its three-year anniversary.

Last year, a coroner's inquest linked Knipstrom's death to "excited delirium" and serious ecstasy intoxication. Coroner Vincent Stancato recommended that all B.C. emergency services personnel should receive more training on how to identify and deal with excited delirium.

RCMP foot-dragging blamed for complaints backlog

September 15, 2010
The Canadian Press

OTTAWA — The RCMP has been sitting on a pile of complaint findings for months, sparking concern about timely justice for those who have grievances against the national police force.

The Commission for Public Complaints Against the RCMP says that as of last week it had been waiting 300 days or more for final signoff from the Mounties on 11 complaint investigations. Among them was a high-profile probe into the case of Robert Dziekanski, who died after being stunned with a Taser at Vancouver airport in October 2007.

Another 11 reports have been on the RCMP's desk for between 180 and 300 days, while a further 22 were sent to the force between 30 and 180 days ago.

The Mounties say they've simply been too busy with the Olympics and international leaders' summits to keep up.

The commission aims to shepherd each complaint through the process -- from the initial lodging of the complaint through to its conclusion -- as swiftly as possible, and within one calendar year, said Jamie Robertson, a commission spokesman.

Before a final report is issued, the commission sends an interim report to RCMP Commissioner William Elliott for comments on findings and recommendations -- a phase of the process for which the commission allots 30 days.

Although the commission applies strict standards to its turnaround times for handling complaints, it can "only recommend that the RCMP does the same," Robertson said.

Among the other reports awaiting an RCMP response are the commission's probes of:

-- The RCMP arrest of Robert Knipstrom of Chilliwack, B.C., who died in hospital in November 2007 days after being Tasered, pepper sprayed and hit with a baton;

-- The Mounties' investigation into how a Conservative MP listened in on a 2008 conference call of the federal NDP caucus.

Sgt. Pat Flood, an RCMP spokeswoman, said the force is "cognizant of the backlog" of interim reports.

The force has been delayed in responding due to the "reallocation of resources in recent months to meet the security obligations of the Olympics and G8-G20 summits," she said.

In last year's annual report, the complaints commission had applauded the RCMP commissioner for delivering replies to all but two outstanding investigation files from 2007 and 2008 by the end of March 2009.

This year, however, the backlog has again mushroomed.

Robertson said while the complaints commission "acknowledges the significant strains that security obligations in connection with the Winter Olympics and G8-G20 placed on the RCMP, as stewards of the public complaints process (the commission) is concerned about the accumulation ... and the delays which result."

A Conservative government bill introduced in June to overhaul the complaints commission wouldn't remedy the problem.

Paul Kennedy, the former chairman of the commission, said in a recent interview the lack of legislated time limits for the RCMP to respond to interim complaint findings was "an intolerable situation."

RCMP Taser use drops, but mentally ill remain more-frequent targets

June 25, 2010
By Philip Ling, Canwest News Service

Use of the Taser by RCMP members in B.C. dropped by nearly half last year, but officers there are slightly more likely to use the weapon against young people than those elsewhere in the country, according to a new report by the force's independent watchdog.

According to the report, released Thursday by the Commission for Public Complaints Against the RCMP, B.C. Mounties deployed their Tasers 109 times in 2009, down from 208 in 2008, a drop of 91 per cent.

The drop in Taser use was even greater nationwide, with deployments decreasing by more than half from 563 in 2008 to 276 in 2009.

Similar, though less dramatic, drops were seen in the number of times officers simply took the weapon out of their holster without firing it.

The commission expressed concern about reports of conducted energy weapon usage against youths aged 13 to 17, although the deployment for the age group essentially remained unchanged from 2008 at around five per cent.

The watchdog says Taser use involving youths was "proportionately more likely" in B.C., though such cases are still rare.

Youth cases where conducted-energy weapons were discharged were less likely to involve substance use, but much more likely to involve weapons.

The report notes that officers are Tasering those with mental-health problems "significantly" more than non-mental-health cases for the fourth straight year -- a statistic that is "worrisome" to the RCMP watchdog.

The commission's interim chairman, Ian McPhail, reported Thursday that officers deployed Tasers and other conducted energy weapons 49.6 per cent of the time after drawing them on mental health incidents, compared to 39.2 per cent for non-mental-health cases.

Mental-health cases represented almost one quarter of all deployments -- more than any other type of incident, such as assault, break-and-enter or domestic dispute.

But the report said there is no evidence to suggest that mental health cases were more risky for police than other incident types.

"The concern, therefore, is that ... there was nothing obvious that distinguished the circumstances of mental health incidents, except for the subjects themselves," the report wrote.

It added: "Of equal concern is the fact that the percentage of [conducted energy weapon] reports of deployment that are mental health-related has shown an increase for four straight years."

Overall, the number of times RCMP officers pulled their stun guns out last year totalled 694 -- 38 per cent less often in 2009 compared with the previous year. That figure includes each time the stun gun was simply taken out of a police holster -- whether the weapon was fired or not.

That's down from an all-time high in 2007 of 1,583 incidents. The RCMP introduced the conducted energy weapon into their arsenal in 2002.

Regionally, every RCMP division except Yukon saw Taser use -- the threatened or actual deployment of the weapon -- decrease.

The rate of actual deployment of the weapon also dropped in each division except for Prince Edward Island.

The report also shows that in 2009, for the first time ever, Mounties fired their Tasers less than 50 per cent of the times they drew them.

This suggests that "Tasers have increasingly been used as a means of deterrence and a tool for compliance," the commission wrote.

RCMP national spokeswoman Sgt. Julie Gagnon said the decrease is related to the new policy put into place following recommendations made by retired Appeal Court judge Thomas Braidwood, who led a public inquiry into the Tasering and death of Polish immigrant Robert Dziekanski at the Vancouver International Airport.

Since Dziekanski's death, the RCMP has made a number of changes to its Taser policies, including restricting the weapon's use to incidents of officer or public safety, introducing annual recertification for trained users and enhancing reporting on all use-of-force incidents by RCMP officers.

The most recent change was in May when it was determined Tasers should only be fired when a suspect is causing "bodily harm" or is about to do so.

The RCMP also changed its rules in June 2009 so that police could no longer use the weapon on suspects who did not cooperate.

The revised policy dictated that there must be a threat to the public or the police.

Gagnon did not comment on Taser use on subjects exhibiting mental health problems.

She said the RCMP was still reviewing the report Thursday afternoon.

- - -

Taser deployment 2008/09 by RCMP division

N.L. 20/7

Man. 49/15

B.C. 208/109

Sask. 68/26

N.W.T. 15/3

N.S. 24/4

N.B. 30/28

Alta. 123/66

P.E.I. 2/3

Yukon 6/6

Nunavut 18/9

Total 563/276

Dziekanski death sparked RCMP image 'crisis'

June 23, 2010
The Canadian Press

Internal documents released by the RCMP reveal the "public relations crisis" the Mounties faced following the death of Robert Dziekanski at Vancouver airport.

The documents, released by the force Wednesday after an access to information request, highlight negative reaction from media and members of the public following a report by former RCMP complaints commissioner Paul Kennedy last December.

In that report, Kennedy said the actions of the four officers involved in Dziekanski's death were "inappropriate" and their subsequent explanations not credible.

Following Kennedy's report, RCMP Insp. Tim Shields authored an internal document that said the force's lack of response and criticism of the complaints commissioner for releasing the report at all did not sit well with the public.

"The RCMP response to the media has resulted in a further magnification of the public relations crisis the RCMP currently faces in relation to the incident," Shields wrote.

"This was demonstrated not only by scathing headlines but also by emails sent from the public to the [RCMP] E Division website account, as well as comments from the public posted on media websites and talk radio."

The six-page internal document features an email from one member of the public who says while they are "normally a supporter of the RCMP," the force's conduct has left them "ashamed" and "embarrassed."

"I am sorry to say that the RCMP have lost my loyalty and support and now need to do a lot more to regain it," the email reads.

The internal document also features a number of media accounts that are critical of the force's response, or lack thereof, to Kennedy's report and to the Dziekanski case in general.

The RCMP also released photocopies Wednesday of a media communications workshop held for members of the force.

Admit mistakes

Among the slides is one titled: "Public image of police. Should we care?" The slide examines policing by consent and solving crimes with help from the public.

Another slide says RCMP media relations officers must admit mistakes. That line is the only one in the presentation capped with an exclamation point.

RCMP spokesmen handling the Dziekanski case admitted at a public inquiry into his death that they made mistakes when issuing information to members of the media and didn't immediately correct them.

A report from that public inquiry was released last week and found the four RCMP officers who confronted Dziekanski used too much force when they stunned him several times with a Taser and then lied about what happened.

RCMP Commissioner William Elliott held a lengthy news conference to discuss the matter hours after the report was released.

He said there have been many changes since Dziekanski's death, including policy shifts to ensure officers are warned there is a risk of death with conducted energy weapons such as Tasers and an emphasis on using the least amount of force necessary.

The report by former B.C. judge Thomas Braidwood prompted the B.C. government to appoint a special prosecutor to reconsider criminal charges against the four Mounties.

The province's Criminal Justice Branch said in December 2008 that the officers acted reasonably in the circumstances and wouldn't be charged.

Dziekanski's mother filed a wrongful death lawsuit last year against the RCMP and others, but settled the case in April after receiving a public apology from the force and an undisclosed financial settlement.

Watchdog to put RCMP under tighter scrutiny

June 15, 2010
By Janice Tibbetts, Canwest News Service

The Harper government has acted on a long-standing promise to create a new and more powerful independent watchdog to keep an eye on the RCMP.

The new complaints body would replace the existing Commission for Public Complaints Against the RCMP, which has been repeatedly decried as toothless because it depends on the force's voluntary cooperation for investigations.

The civilian oversight mechanism will have authority to subpoena documents and compel witnesses to surrender information for investigations and hearings.

"This commission would have significantly enhanced investigative powers over the existing body," said federal Public Safety Minister Vic Toews, who introduced a bill Monday to create the new Royal Canadian Mounted Police Review and Complaints Commission.

The new oversight body would also be empowered to conduct policy reviews.

The government has promised the new review body for years, but it has said it is awaiting the report from a public inquiry into the 1985 Air India bombing.

The report, which is expected to advocate change to the country's security and intelligence operations, will be released Thursday.

Critics have highlighted the case of Polish immigrant Robert Dziekanski, who died after he was Tasered by RCMP officers at the Vancouver International Airport, as a reason that stronger RCMP oversight is needed.

The Mounties have been under intense public scrutiny in recent years, arising from their use of Taser stun guns, their involvement in the Maher Arar affair, and a pension scandal that rocked the force's upper echelons.

In the 2010-11 federal budget, tabled in March, the government set aside $8 million over two years for the new oversight mechanism.

Paul Kennedy, the former head of the RCMP public complaints commission, has said that a stronger review body should have access to all RCMP files and be empowered to subpoena documents and compel people to testify. "This appears in principle to be going in the right direction," Kennedy said Monday. "The big problem was our access to information."

Canada's new civilian watchdog of the RCMP, Ian McPhail, has also called for enhanced oversight powers to help eliminate the RCMP's "credibility challenge."

In December 2006, Justice Dennis O'Connor -- who led the inquiry into Arar's deportation to Syria from the United States, after the RCMP passed on faulty intelligence to the Americans -- recommended that the complaints commission be renamed and given power to review all RCMP national security activities. Arar, a Syrian-Canadian, was put on a plane and sent to Damascus after being arrested during a stopover at a New York airport.

Sgt. Greg Cox, spokesman for the RCMP, said the proposed changes "will strengthen public confidence and trust, and contribute to the modernization of the force."

McPhail, the interim chair of the RCMP complaints commission, said he welcomes the bill and he said he will review the document before commenting "at an appropriate time and venue."

The new review body follows an announcement in February that the Mounties would no longer investigate themselves in cases involving severe injury or death of suspects. The bill also enshrines that policy into law.

The RCMP, under the proposed law, would refer such files to outside forces or provincial bodies responsible for investigating police incidents, which exist in Ontario and Alberta. A special investigation unit also is being established in Manitoba.

NDP MP Nathan Cullen called on the government to establish a national special investigations unit to probe cases involving injury or death of suspects.

"This is a bigger watchdog that still has no teeth," said Cullen.