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Tasers & The RCMP
By johnhatch
Created 06/20/2008 - 17:12

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Preamble: 

RCMP Complaints Commissioner Paul Kennedy recently criticized the RCMP for overuse and misuse of the 'Conducted Energy Weapon'. Is anybody listening?

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Since 2003 the RCMP has used or threatened the use of Conducted Energy Weapons approximately 4230 times.

Widespread public perception that use of the Taser is often inappropriate, punitive and unnecessary led to an inquiry by the head of the RCMP Public Complaints Commissioner, Paul Kennedy.

Often RCMP members negligently (and contrary to stated policy) fail to account for their use of the Taser, but records show that the weapon has been used against children as young as thirteen (117 recorded incidents involving children between the ages of 13-16) and as old as 82.

Frank Lasser is an 82 year old heart bypass survivor who was in hospital suffering from pneumonia. He is on a constant oxygen delivery system, but nevertheless sometimes suffers from oxygen deprivation, which can lead to strange behavior. In one such incident he unknowingly clutched a small penknife while in his hospital bed, and the RCMP was unaccountably summoned. The three officers felt threatened enough and so feared for public safety that they saw fit to use a Conducted Energy Weapon against Mr. Lasser not once, but twice. They claimed that they had ‘no choice’. Perhaps it was a wrong choice of profession for the officers.

So far 16 people have died in Canada as a direct or indirect result of the use (or often multiple deployment) of the Taser.

Perhaps the most famous case is that of Polish immigrant Robert Dziekanski at Vancouver International Airport. Disoriented and frustrated after a long flight and a ten or more hour delay at immigration, Mr. Dziekanski welcomed (according to later interpretation of his words) the arrival of four RCMP officers, mistakenly thinking that they would help him.

Instead, after barking orders at him in spite of knowing that he didn’t speak English (they mistakenly thought he spoke Russian), even though he offered no resistance, Mr. Dziekanski was almost immediately Tasered.

According to witnesses, he fell to the floor and began convulsing, and was Tasered again, and possibly two more times. The officers then placed most of their weight on him, while one used a baton to press down on him, and he was handcuffed, unconscious.

While the victim was obviously in serious difficulty, not one of the officers, all of whom are trained in life-saving CPR, lent assistance. A portable defibrillation unit located almost within arm’s reach was not deployed. On-site medical assistance was available, but not summoned. When Richmond firefighters arrived, their efforts to deliver CPR were greatly hindered by the refusal of the RCMP to remove the handcuffs from the still unconscious Mr. Dziekanski. When paramedics finally arrived, he was already dead.

The event was captured by a witness, Paul Pritchard, who dutifully turned over his camera to police, who then failed to return the memory card until a lawsuit was threatened. The RCMP consistently lied in its account of the events, then admonished the public not to believe their own eyes in reviewing the recorded events on television. Seemingly interminable ‘investigations’ continue, and no disciplinary action has been taken. So far police have tolerated a small memorial site near to where Mr. Dziekanski died.

The above is germane, because it speaks to a departure from the model of policing in Canada which Commissioner Kennedy traces back to the days of Sir Robert Peel and the establishment of the London Police Force. He says this:

 “The ability of the police to perform their duties is dependent upon public approval of police actions.
 The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.
 Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.
 Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.
A continued departure from these principles by the RCMP is not a minor matter. It is a harbinger of a new model of policing in Canada, one in which the police are a group distinct from the public and whose decisions are the preserve of public safety experts. It is a model in which officer safety takes precedence over that of the general public and where the exercise of persuasion, advice and warning is significantly undervalued. The cumulative effect of these trends over time may reduce the degree of co-operation of the public that is essential to public safety in Canada.”

Exactly. The RCMP (and other Canadian police forces) have edged closer and closer to the American model of policing, which is much more militaristic and antagonistic, one in which members of the public are assumed to be potential dangerous ‘enemies’. This engenders an ‘us’ vs. ‘them’ mentality, one in which the preemptive use of force is acceptable, and even desirable to police. Tasers are being used as a bully tool, and in some instances as a tool of torture and terror. Using a Taser on a thirteen year old or an eighty-two year old is simply not acceptable. Ever. Tasers are being used in circumstances that Commissioner Kennedy describes as ‘highly inappropriate’.

Another interesting fact that Mr. Kennedy brought to light is that statistics show that the use of the Taser increases according to the number of officers attending. The more officers present, the higher the likelihood of the Taser being employed. This is counterintuitive, and suggests the type of aggressive dynamic outlined above. The boys and girls are out to impress each other.

An argument is sometimes presented that the Taser is an 'intermediate' use of force, and is a welcome substitute for more deadly force. This is clearly not the case, as a gun would not have been used in the 4200 cases that the Taser was employed. There is usually serious oversight in the use of deadly force (although some very suspicious shooting deaths have occurred recently in British Columbia), whereas often use of the Taser is not even reported by the RCMP. Besides, the Taser has killed 16 people since 2003. Commissioner Kennedy wants the weapon to be classified as an ‘impact weapon’ rather than an ‘intermediate device’, thus subjecting its use to stricter guidlines. Statistics prove that an officer might readily use a Taser in circumstances where the use of a gun would constitute a criminal offence. Indeed, many instances of Taser use could probably be deemed as ‘assault with a deadly weapon’ crimes.

Another argument is that the RCMP and other forces must be given all the tools to get the job done and keep them safe. Two points: first, such a weapon should never be used as a substitute for ‘people skills’, for persuasion and negotiation, or as a ‘shortcut’ in saving officers’ valuable time. I once worked in a residential environment with youth who had committed serious offences, including murder (one of my ‘clients’ was later handed a 26 year sentence for multiple kidnappings and sexual assaults). I have faced angry young men, drunk, armed with weapons such as knives or baseball bats. I had no weapons save my wits, and I never hurt anyone, and was never injured, but resolved many dicey situations without harm even to anyone’s dignity. Anyone can acquire these skills, but one has to care about the people with whom one is dealing. Wearing leather gloves to avoid contact with the public is not recommended as a starting point.

Second, with financial scandals in Ottawa, the head of the force, Commissioner Zaccardeli was coerced into resigning amid accusations of mismanagement, corruption, and cover-up, allegations which the Harper Government has chosen not to address. Given that and some questionable shootings, the reputation of the RCMP has never been lower in the estimation of Canadians. The indifferent killing of Mr. Dziekanski, the official lies that followed, and the failure of the RCMP to respond in a timely fashion has not helped, nor the widespread perception that the force continues to use the Conducted Energy Weapon as a ‘bully tool’. Further erosion of confidence through continued misuse of force could adversely affect officers’ performance, and even their safety.

Typical of its ‘us vs. them’ mentality, the RCMP has been lukewarm to the recommendations of the Complaints Commissioner, who chastised the force for ignoring his interim recommendations. While agreeing ‘in principle’ with the recommendations, it has left itself a very large escape clause to possibly continue abusing the weapon and the Canadian population. That would be very foolish.

As Complaints Commissioner Kennedy said:
“Simply put, if the RCMP cannot account for the use of this weapon and properly instruct its members to appropriately deploy the CEW in an operational setting, then such use should be prohibited until proper and strict accountability and training measures can be fully implemented.”
Good. Don’t use it or lose it.

John S. Hatch is a Vancouver writer & film-maker.
www.freakishlyfinefilms.com [1]

Pullquote: 
The RCMP (and other Canadian police forces) have edged closer and closer to the American model of policing, which is much more militaristic and antagonistic, one in which members of the public are assumed to be potential dangerous ‘enemies’.
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Source URL: http://live.orato.com/podium/2008/06/20/tasers-amp-rcmp

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[1] http://www.freakishlyfinefilms.com