Crime & Punishment

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Posts Tagged ‘crime

A crisis of confidence

with 6 comments

News of the imminent departure of the Chief of Investigations of the Independent investigations Office (IIO) John Larkin was broadcast to staff of the IIO last Monday morning. Curiously enough, staff coming to work also noticed that the office of Director of Investigations Allison Hemming-Cook had apparently been cleaned out on the weekend. Her status seems murky.

Staff think she’s on sick leave. If so, why clean out her office? Hemming-Cook says she is returning on June 20th following her impending marriage and honeymoon apparently to well-known Vancouver lawyer Monty Carstairs, QC. Which sounds like a vacation not a sick leave.

I tried to get clarification from Marten Youssef, nominally the Acting Director of Communications for the IIO. All he would provide was the vanilla response, “The IIO will not be providing comment on any personnel matters.” What that triggered, instead of a clarifying communication to the staff, was an email saying the word had gotten out and Youssef got himself on the news that night to try and spin his way out of my questions.

So, the staff there are left in the dark. Is there an open slot for a new Director of Investigations or isn’t there? If it’s a sick leave, how is it that a finite date for return has been set as stated by Hemming-Cook? The word in the office is that she was told in no uncertain terms to take sick leave. Whatever the reason, staff relations there appear to be the messiest they have ever been.

It would seem that Larkin and Hemming-Cook have worn out their welcome in that office. There is a union grievance filed against Hemming-Cook and several sources have told me that she and Larkin’s replacement, retired Asst. Commissioner of the Queensland police, Gayle Hogan, were at odds with each other. Hate is a strong word and I hesitate to use it, but I have been told they “hate” each other. I make no evaluation, but what’s clear in that is there will be a rocky road ahead if she returns following her honeymoon.

All of this follows a blistering letter sent by Vancouver Police Chief Adam Palmer two weeks ago in which he questioned the competence of the IIO. The Chief wasn’t mincing words. He said, “Changes need to be made to the IIO’s current practices to improve the relationship between the IIO and the police. The VPD has two principal concerns. The first concern is what appears to be the IIO’s lack of investigative competence. The second concern is the rigid position the IIO has adopted regarding pre-interview disclosure which has led to unnecessary friction and distrust between the police and the IIO. These concerns need to be addressed given the importance of independent police oversight to maintain public trust and accountability.”

Well, it would seem that changes are being made although it remains to be seen if these changes will be enough to satisfy the VPD and the Vancouver Police Union who have all but declared war on the IIO.

The question of competence of the IIO is a major concern for all police departments in the province including the RCMP. I have documented many instances underlining the apparent lack thereof over the course of the past four years.

There are many reasons why. Part of it was Larkin. He was, as described by Palmer, adversarial without question. He set the tone when he stated the IIO started every investigation believing the officer involved has committed a crime and work back from there. That, in and of itself, is incredibly unprofessional and anathema to any real investigator who knows his or her job is to find the truth about what happened not enter it with any pre-conceived notion about what occurred.

Part of it is turnover, lack of training and despite protestations to the contrary, the inability to meet the BC Provincial Policing Standards. They are after all, a police agency.

Section 1 of the Standards says this: “The chief constable, chief officer or commissioner must ensure that:

  1. A Command Triangle is formed for all major case investigations, as soon as reasonably possible given the circumstances and the needs of the investigation, with officers assigned to the following roles:

(a) Team Commander;

(b) Primary Investigator; and

(c) File Coordinator.”

It goes on to say this:  “The chief constable, chief officer, commissioner or chief civilian director must ensure that:

(2) An officer assigned to the role of Team Commander for a major case investigation, or an IIO investigator assigned to the role of Team Commander for the investigation of an incident where a person may have died as a result of the actions of an officer, whether on or off duty:

(a) Has experience relevant to the type of investigation; and

(b) Meets each of the following criteria:

(i) Successful completion of a provincially-approved Team Commander training course;

(ii) Previous experience in the role of Primary Investigator or File Coordinator;

(iii) Previous investigative experience in a supervisory or management role; and

(iv) No disciplinary records of serious misconduct that would affect his/her ability to

perform the duties of Team Commander.”

Aye, there’s the rub. The CCD MUST ensure the Major Case Management model is followed and MUST ensure a Team Commander is designated who meets the criteria as stated. At this point there is not one person in the IIO qualified to be a Team Commander which involves not just training but accreditation by a provincial board made of senior police investigators who evaluate the applicant’s major case experience.

About a year or so ago, Delta Police Chief Constable Neil Dubord wrote a letter to the IIO demanding they are held to the same investigative competencies as members of his department. I am waiting to confirm, but I am told he has not, to date, received a response.

Nor has the Delta Police Union who requested a review of the fatally-flawed investigation into the shooting at the Starlight Casino which resulted in 2nd degree murder charges against Delta Police Constable Jordan McWilliams, of which I have written much.

I specifically asked Youssef how many people at the IIO had Major Case Management certification and this was his response: “The IIO operates under an MCM framework and investigations are based on that model.”

Well, that was clear as mud.

The reality is that even though the IIO endeavours to follow the model as is required by the Director of Police Services for the province, they simply cannot meet the standard inasmuch as they have no accredited commanders and precious few who have had the investigators’ course.

Is it any wonder that Palmer, whose department follows the Provincial Policing Standards is lacking confidence in those who are responsible for investigating his officers and expecting them to get a fair shake?

Any which way you look at this, four and a half years into this, this is a mess. Perhaps, in the words of a former IIO investigator I spoke to today, “This is the messiest it’s ever been.”

That speaks volumes.

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Leo Knight

@primetimecrime

Written by Leo Knight

May 24, 2017 at 1:15 am

Reports are scathing of the RCMP, but little will change

with 5 comments

Two reports were released Monday by the Public Safety Minister in Ottawa. The first, was written by the Civilian Review and Complaints Commission for the RCMP and can be found here.  The CRCC broadly reviewed workplace harassment and bullying in the Force.

The other was authored by former Auditor General Sheila Fraser. It looked at four particular cases where harassment lawsuits were filed individually by female members Catherine Galliford, Alice Fox, Susan Gastaldo and Atoya Montague. That report can be found here.

The RCMP has had both reports for several weeks but thus far has had little positive reaction to either report both scathing in their criticism of the Mounties essentially saying the organization is  dysfunctional and the harassment and bullying was systemic. Where have we heard this before?

I have long described the RCMP as “144 years of tradition unhampered by progress.” These two reports just reinforce that statement.

None of this is new. There have been a number of reports over the past decade or so and successive commissioners have mouthed all the platitudes including the current one, Bob Paulson, who has been described by a number of officers to me as the biggest bully of all. I cannot argue. Indeed, Galliford told me this is the fifth such report she has participated in.

Both reports recommend some form of civilian oversight for the Force. If that is to happen then the RCMP Act will require the appropriate amendments, if not re-written in its entirety, given the recent union certification application made by the newly formed National Police Federation.

But even then I am not sure much will change. The problem is the culture within the RCMP. It, in and of itself, causes the dysfunction. Part of it is the Old Boys network. For example when Gary Bass was the CO of E Division (BC) his sycophants were referred to as the Bass Boys Club or BBC for short. Promotions literally depended on whether one was a member of the BBC.

When Craig Callens took over upon Bass’ retirement nothing changed except the name. The sycophants were then referred to as being on “Craigslist.”

Another significant issue is the “go along to get along” unwritten rule. Members don’t dare colour outside the box. But the overriding issue is the, again unstated policy, not to do or say anything that could damage the reputation of the RCMP. This is at the heart of the problem.

If a member has a complaint about a superior, even if validated, which is rare, the member is discouraged from pushing it for the good of the Force or the miscreant is simply transferred. Out of sight, out of mind so to speak.

The RCMP Act was re-written in 2014 ostensibly to make it easier for the Commissioner to fire the “bad apples.”

The CRCC report identifies what the RCMP has done since it’s last report on the matter in 2013 were simply small initiatives that had little or no effect.  Said Ian McPhail, Chair of the CRCC in the report, “If the last 10 years, over 15 reports and hundreds of recommendations for reform have produced any lessons, it is that the RCMP is not capable of making the necessary systemic changes of its own accord.”

Stunning words. Paulson’s response? Meh.

Well, to be fair he did put out a one page response in which he gave no reaction to the major recommendation common to both reports, the establishment of civilian oversight committee or board that will assume control for administration, finance and human resource management of the RCMP.

This is his response: “These reports make recommendations that require careful review and consideration. They will no doubt help improve policies to further support a healthy and respectful workplace as the RCMP continues moving forward.” How about that for tepid?

McPhail’s report also says that little has changed in the RCMP from their previous report in 2013 to the present day. Paulson’s response? “It should be noted that many of the reports’ judgments rely on the historical context of RCMP transformation efforts that are not, in my view, reflective of current RCMP environment, policies or processes.”

Yeah, that sure sounds like he is seized with the findings and recommendations doesn’t it?

Paulson has already announced he is leaving at the end of next month. We don’t yet know who his replacement will be, but unless the Trudeau government picks a strong leader – a real leader  who can take the Old Boys’Network by the scruff and shake the heck out of it – nothing will change. Prime Minister Justin Trudeau telegraphed today that the appointment will be either a female or someone well-versed in aboriginal issues. Leadership qualities apparently are not the criteria.

Equally, I don’t think Ralph Goodale, the Public Safety Minister, has the intestinal fortitude to take on the RCMP because any effort to establish some form of civilian oversight with authority over the Commissioner’s office will be fought every step of the way by seniour management in the RCMP. Take that to the bank.

The female members who were interviewed by Fraser were told that the Minister is “absolutely committed to follow the recommendations.” I’m sure Fraser believes that. I, on the other hand, don’t buy it for a second.

I spoke with former West Vancouver Chief and former BC Solicitor General Kash Heed to get his take. He said, “Nothing will change in the RCMP. There are consecutive reports over the past 15 years; Kennedy, Duxbury, Brown ‘et al’ calling for the same changes. The organization will not change unless they are redefined and stick to just federal policing.”

It’s hard to argue that. But that sort of institutional change would have to come from government. The same government lacking in the same sort of leadership that’s needed in the RCMP.

Plus ça change, plus c’est la même chose.

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Leo Knight

@primetimecrime

Written by Leo Knight

May 16, 2017 at 3:04 am

Even basic cases seem beyond IIO’s capability

with 4 comments

After last week’s pieces on the impasse between the Independent Investigations Office and the Vancouver Police Union, I got many comments essentially asking how did we get to this point?

The simple answer is because the IIO views its role in investigating the actions of the police as to gather evidence with which to prosecute police. This is, of course, the doing of the first Chief Civilian Director, Richard Rosenthal, who ran the organization for a tumultuous four years.

Instead, what they should be seeing as their mandate, is to investigate to find the truth wherever that may lead. If there is evidence of police criminal misconduct then a prosecution should be brought to bar. And the same standard needs to apply as it does to police before recommending charges against any member of the public.

The concept of civilian oversight is fine with most police I talk to. But, they must have confidence in those who conduct that oversight. From its inception the IIO has demonstrated in case after case they are not competent investigators and thus, the impasse with the VPU.

The other real issue is their focus on the “Affected Person” and only police actions as they relate to that person. They don’t consider events as a whole and what caused the person to act as he or she did. No clearer demonstration of that failure can be made than their handling of the police shooting at the Starlight Casino. I have written much of that case and won’t drag you through it again, but the fact they never spoke to the woman who was taken hostage speaks volumes. She was shot at, dragged from her car and held at gunpoint for a lengthy period of time. At the very least she could have provided evidence showing the suspect’s, sorry, the Affected Person’s state of mind.

Had they done so, they would have found out that the suspect told her during the stand-off that the only way he was leaving was in a body bag. The only way that was going to happen was if he ate his own gun or pointed it at a police officer, which is ultimately what happened.

Instead they ignored all of that in its entirety and focused on building a criminal case with which to charge the officer who fired the fatal shot with murder. Ridiculous.

But it’s not just lethal force cases where they focus on building a case. The head of investigations there, John Larkin, has said they begin by believing the subject officer is guilty and work from there. Which is, of course, antithetical to any real investigator.

It happens even in less serious cases.

On November 9, 2015, shortly after 8 p.m. VPD were called to a Chinatown intersection where a crazed man was jumping up and down upon and kicking doors on a Black Top cab.  The cab had substantial damage to the hood, roof, windshield and door. Subsequent investigation determined that he’d been randomly damaging other vehicles in the neighbourhood.

The driver got out of the cab to confront the man but quickly retreated when he saw how crazed the man was.

When multiple police units arrived, the suspect hid behind another car. Civilian witnesses pointed out the shirtless man in his mid 20’s. As police approached he took off running and a foot chase ensued northbound on Abbott Street. The suspect was running in the middle of the street being closely pursued by a plainclothes officer. As the pursuing officer closed in on the fleeing man he pushed him from behind and the suspect fell forward and he was taken into custody. Arresting officers believed the suspect to be high on drugs and so an ambulance was called. But, due to shortages, EHS couldn’t respond. The decision was made to have the wagon take the suspect to the city jail where a staff nurse could assess him.

It should be noted that at no time did the suspect say he was hurt or in any kind of pain. But upon examination the nurse found he had an injured wrist. He was then taken to St. Paul’s hospital where it was determined that his wrist was broken, most likely when he fell forward, but it could have been pre-existing from punching cars.

The IIO were notified by the Duty Officer as required and the IIO asserted jurisdiction. Why is anyone’s guess. Their mandate is to assume jurisdiction in cases of “serious injury or death.” I’m not sure how a broken wrist is considered serious, but I digress.

The police are given the power to arrest people they reasonably believe have committed an offence. These circumstances clearly show they had the right to arrest in this case and the arrest was lawful.

The Criminal Code of Canada also says that the police may use as much force as is necessary to make that arrest and it also holds them criminally responsible for using excessive force. That is the only question here. Was the force used necessary or excessive?

A push is one of the lowest forms of force that can be used by police. it is marginally higher on the continuum than speech commands. It is used to take someone off balance for the purpose of securing the individual. In this case, the person fell, but that was much less dangerous for the officer than trying a flying football tackle. Pavement tends to be disagreeable on the landing for both parties.

This should be a no-brainer. The suspect was identified by civilian witnesses at the scene. He fled on foot and at full tilt the pursuing officer gave him a push which caused him to fall whereupon he was taken into custody.

Again, given those circumstances what could possibly be taking the IIO to reach a conclusion? It’s been 17 months since the events took place and they still have their investigation active. Why? This shouldn’t even be in question.

I contacted the IIO Director of Communications, (nominally A/Director, Public Engagement and Policy) Marten Youssef to ask the status of this investigation. He said, “We are nearing completion on this file and expect a decision to be issued in due course.” I wonder how long due course is?

Meanwhile, 17 months later the members involved are still waiting to learn if they may face criminal charges.

A senior VPD Sgt. said to me, “Sometimes people get bit by police dogs, sometimes fingers thumbs & wrists get broken. It should be simple for them to deal with this call. Never mind the two big ones that they have on their hands right now.”

Well said I thought.

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Leo Knight

@primetimecrime

Written by Leo Knight

April 4, 2017 at 1:30 am

The culture is the problem in the RCMP

with 3 comments

Shirley Heafey is a former Chair of the Commission of Public Complaints of the RCMP that oversees public complaints into the RCMP. She recently wrote an open letter to the next Commissioner of the RCMP which was published in MacLean’s magazine. Here’s that article: Fixing the RCMP: An open letter to the next Commissioner

Heafey sent me the piece to read and I replied to her in an email with my thoughts. I thought many of you would appreciate the discussion so I have posted it here in its entirety.

Leo Knight

@primetimecrime

******************

Interesting. As you may or may not know, I am a former member of the RCMP. I left the Force to transfer to Vancouver PD where I served for the next decade.

You get close to the problem in your letter, but you don’t quite hit the nail on the head, but merely deliver a glancing blow.

Leadership is exactly the problem and the problem is historic. I have often referred to the RCMP as 144 years of tradition unhampered by progress. I say that mostly tongue-in-cheek, but only mostly.

You see, the Force serves three masters. The public which it serves daily, the political party in power to whom it must answer and the traditions of the Force itself, the primary of which is never tarnish the buffalo, meaning the buffalo in the centre of its logo and badge.

This last piece is drummed into members starting in Depot and reinforced in word and deed throughout their careers. It is this aspect of things that leads to all manner of problems. From the way the Old Boys’ network works to why members feel their complaints aren’t heard to transfers instead of handling problems and covering up as best they can instead of admitting a problem. Finally, when there is a problem made public for all to see, in many cases individual members are scapegoated for the greater good.

Those are leadership issues that are ingrained. It’s why the Harper government tried Bill Elliott as the first Commissioner from outside the Force. The problem was that Elliott was by nature a bully himself and ultimately failed in the role Harper foresaw.

The culture is endemic and changing it will require a monumental shift and a leader who understands what it will take to do that. I do not see a serving member at the senior level who is that leader at this point in time. Nor do I see one emerging without someone or something to shake the leadership in the RCMP to it’s very core.

Written by Leo Knight

March 10, 2017 at 8:45 pm

Posted in Uncategorized

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IIO missing the obvious, again

with 21 comments

On Thursday afternoon a robbery was attempted at the Canadian Tire store on Grandview Highway at Rupert in east Vancouver.  The suspect, Daniel Peter Rintoul, 38, a large white male, 6’1”, 380 llbs., allegedly stabbed a clerk in his 50’s then broke into a long rifle cabinet. Whether he retrieved  one or more rifles and ammunition depends on which reports you read.

What I do know is that on Friday I was contacted by Global TV reporter Rumina Daya to review  five minutes of citizen journalism video and to comment on it. Snippets of the video were broadcast on Global’s six o’clock news hour broadcast that evening. You can watch those reports here.

On the video you can see two VPD plainclothes officers attempt to arrest the large man as he exits the store. In the ensuing ground fight, the sort of wrestling match police officers everywhere get in on a regular basis, one of the officers clearly gets stabbed multiple times. He jumps up holding his abdomen, points his weapon at the big man and fires. His partner is extricating himself and in the video it’s not clear if he fired his weapon as well.

The stabbed officer then falls backward. A uniformed officer carrying a long-barrelled weapon trains his weapon on the downed suspect outside the kill zone of 20 feet.

The stabbed officer’s partner moves quickly to check on his downed partner, sees the wounds, quickly gloves up and begins first aid. The suspect can be clearly heard screaming numerous times, “Finish me off.” The officer with the long-barrelled weapon, keeps trained on the suspect and keeps his distance.

As the suspect is yelling and starts getting to his feet he lets off a blast of bear spray. You can clearly see the spray being released as he is yelling at the police to kill him. When he gets to his feet with an arm extended, likely with the knife used to stab two people so far, more shots are fired. Judging by the sounds I heard, it sounds like a short volley of C8 and 9mm suggesting another officer is present and fired but is not apparent from the viewpoint of the video shooter.

As the second volley of shots is being fired, the partner who was applying first aid to the stabbed partner, grabs the downed officer by his collar and drags him from the fray. The second volley of shots killed Rintoul.

The following day, VPD Chief Constable Adam Palmer told the assembled media that an elderly male hostage was taken by the suspect prior to exiting the store. Fortunately, that man managed to get away and wasn’t harmed. How isn’t entirely clear at this point. Perhaps that’s where the VPD injected themselves into the fray. On the video I viewed, that wasn’t clear.

But Palmer also said the following, “The actions of our officers were absolutely heroic. I’m very proud of the way they performed yesterday.” Good for the Chief because that is exactly what I saw on the video.

Palmer continued, “We tried to use the least amount of force possible to take him into custody, and when that was not possible, lethal force was used.”

And good on the Chief I say. It happens far too rarely that a senior police executive takes a stand backing his people at the sharp end of things. So far, I have seen that several times from this Chief.

As is the norm, the Independent Investigations Office (IIO) was called in to investigate the actions of the police. While I harbour no illusions about the competence of the IIO, I was a little surprised to see a communication come from the IIO Monday, four days after the shooting, asking for anyone who had video of the events to please come forward.

Well, I saw five minutes of raw video on Friday, the day after the shooting provided to Global BC. Several days later the IIO is asking folks to voluntarily come forward with video?

They already know Global has video which has been broadcast. Gee, I don’t know, maybe their crack investigators should write an Information to Obtain a Search Warrant to get a judge or JP to issue a warrant they could produce to Global.

News organizations won’t simply provide evidence like that to police when asked, but they will when instructed by court order. The media expect that. They have to maintain a separation from authorities and they probably already have a DVD cut awaiting the IIO. That’s just a guess, but I bet I am not far from the truth.

The video was broadcast on the six o’clock news on Friday. A competent investigator should have been standing in their newsroom before the credits were rolling. Or at the very least within a couple of hours. But to issue that sort of vanilla plea for information and video from the public four days later, followed up by a press conference in the hopes citizen journalists who provided video to newsrooms might come forward just speaks to their level of competence.

The initial Chief Civilian Director may have been pushed out the door and a career bureaucrat meekly put in his stead. But, if I were one of the VPD officers designated ‘subject officers’ having been involved in this “heroic” incident, I’m not sure how much confidence I would have in those holding me in judgment.

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Leo Knight

@primetimecrime

Written by Leo Knight

November 15, 2016 at 6:20 pm

Posted in Uncategorized

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YVR questions yield more questions

with 10 comments

For more than a year now I have been trying to get the final BC Coroner’s Service report into the suicide death of Sgt. Pierre Lemaitre, who was the the Media Liaison Officer (MLO) for the RCMP in October 2007 when Polish traveller Robert Dziekanski was Tasered by officers responding to a disturbance call at the International Arrivals area at Vancouver International Airport, YVR.

Lemaitre was found dead July 29, 2013, hanging in his home in Abbotsford. Two years later his widow, Sheila, filed a lawsuit against the RCMP and the Attorney General, claiming the Force made him a scapegoat for the fatal confrontation between Dziekanski and the RCMP and the resulting fall-out. I have written about the circumstances previously: Hindsight is 20/20 in YVR case

A year ago, I spoke with John Knox, the Special Investigations Coroner with the Coroner’s Service who is responsible for the file. He said the investigation wasn’t finished. I was incredulous. The man hung himself. For the Coroner’s office, whose responsibility is to investigate unnatural, sudden and unexpected deaths, determine a cause of death and ensure the relevant facts are put before the public either via a report or a public inquest, to be dragging their feet for two years at that point was incredible. A typical suicide should take no more than a month or two, three at the outside. What could possibly be taking so long?

Knox was unresponsive to my questions on the subject so I started digging around a bit and found out that Knox, to this date, now nearly three and a half years after the suicide, from what I can find out, has yet to conclude a file.

He has been with the Coroner’s Service since 2011. He was given the position of Special Investigations Coroner in 2012 to coincide with the launch of the Independent Investigations Office (IIO) where he was the designated Coroner to deal with all things police involved.

Prior to that he was a private investigator since 2005. In BC, that primarily means doing ICBC investigations, mostly sitting in the back of a van doing surveillance trying to prove fraudulent claims. His LinkedIn page says he was “specializing in personal background investigations, insurance claims investigations, witness location services and document service.” Document service? Well, that’s impressive.

What qualified him for this position?

Incredibly, the fledgling IIO, lacking in experienced investigators were to work with a Coroner’s Special Investigator himself lacking in investigative expertise in major cases as well. Well, what could possibly go wrong? Talk about the blind leading the deaf.

In the four years since being named Special Investigations Coroner, he has yet to complete a file, including stunningly, 26 cases resulting from the Pickton investigation. Another source in the office told me, “John doesn’t really leave the office. Even on local cases he sends people out to do his work.”

I was stunned.

Then I was told about a recent suicide case of a municipal police officer in the late spring when Knox, instead of attending the family home, as is customary, required the widow to attend his office. He arranged for another coroner to sit in on the interview and said he was going to record the interview. He took his cell phone out then hid it and never told the widow he was recording the interview.

The coroner sitting 2nd chair was very uncomfortable with what was being done that a complaint was lodged with the Deputy Chief Coroner. This led to much upheaval in the office and after a couple of hours of what was described to me as a “raised voice conversation about the legality of recording without telling the person.” The DCC evidently said the service would support Knox.

Interesting.

In Canada, there has long been a legal standard called “One Party Consent” as it relates to recording private conversations derived from Sec. 184 of the Criminal Code, but that has been blurred by Supreme Court decisions mostly relating to the police doing it. And then there is the Personal Information Protection and Electronic Documents Act which further complicates this issue.  In this case, at the very least, the ethics are clearly lacking, let alone the lack of compassion for the widow of a serving police officer who had just tragically taken his life.

In 2011, following the appointment and subsequent departure of three Chief Coroners in a two year period, the service was in disarray. The BC Auditor General looked into it and issued a report with a number of recommendations in July, 2011. One of those concerned timelines of investigations. The service set a standard of 18 weeks. In August 2013, Chief Coroner Lisa Lapointe issued a response report saying that recommendation was “Fully or substantially implemented”

Well, evidently not, as the Lemaitre suicide case shows. Pierre Lemaitre took his life on July 29, 2013. Now, nearing the end of October, 2016 and no conclusive report appears forthcoming. Lemaitre’s widow is engaged in a lawsuit with the RCMP, two of the four members who attended YVR on that fateful night were shamefully convicted of perjury by a system looking for someone to scapegoat. And the Coroner investigating the suicide of one of the major players in the events of that fateful night in October, 2007 can’t seem to complete this or any other file.

Robert Dziekanski was on Canadian soil for 12 hours. Thus far, he has cost the loss of two lives including his own, more than $50 million of taxpayer’s money and four Mounties their careers and for two of them, possibly their liberty.

The story continues to get worse and worse.

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Leo Knight

@primetimecrime

 

Written by Leo Knight

October 27, 2016 at 4:54 pm

Posted in Uncategorized

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IIO complaint nothing but sour grapes

with 7 comments

The news release issued by the Independent Investigations Office (IIO) on Wednesday is instructive and unique. Not in the fact they announced that the VPD officer involved in a fatal shooting in April, 2015 would not face any criminal charges, but for the way the report ended.

The incident itself took more than 14 months for the IIO to determine the officer did nothing wrong. Albeit, that’s a few months quicker than their average and frankly, given the circumstances, about a year longer than it should have taken any competent investigator.

I don’t say that lightly. Let’s look at the circumstances. VPD received multiple 9-1-1 calls about a man with a knife who had stabbed two people in the 400 block of Gore on the Downtown Eastside. Three officers responded from close by, one equipped with a shotgun and beanbag rounds, a non-lethal use of force option.

The first officer, armed with his duty pistol and the officer with the shotgun immediately located the suspect armed with a bloody knife. The VPD members challenged the man pointing their weapons and yelling, “drop the knife, drop the knife.”

Three beanbag rounds were fired which struck the suspect and had no effect. The suspect then charged at the officer with what one civilian witness later described as a “bull charge.” The beanbag weapon was fired again and again with no apparent effect. That officer later said, “I thought he was going to stab me.”

Several shots were then fired by the other officer which momentarily doubled over the suspect. But it didn’t drop him. He then ran across the street to a parkade entrance at a church where a passerby female was bent over to pick a $20 bill she had dropped. Without warning the suspect attacked and stabbed the woman several times. The officer chasing then shot the suspect several times. He fell down, dead, on top of the woman he was stabbing.

Police had to pull the assailant off the woman to get her out from underneath to begin first aid. She later told IIO investigators, “I’d like to thank that cop that killed him. Because without him getting that lucky shot I wouldn’t be here right now.”

The IIO were called in as protocol requires. They interviewed three “Witness Officers” and 17 civilian witnesses. With all but some small exceptions, as one would expect, the witness accounts coincided and was corroborated with other associated gathered evidence including area video, recorded radio transmissions and 9-1-1 recordings.

The law is very clear when giving police the right to use lethal force and from this set of circumstances it would seem a textbook, righteous shoot.

But nothing is ever cut and dried with the IIO. This leads us back to what made the press release remarkable.

After the usual statement and case synopsis came this: “All firearm discharges resulting in death or serious harm are the subject of an automatic administrative review by the Office of the Police Complaint Commissioner.  As such, this incident is subject to review by that office. In addition to this, the CCD will be forwarding a complaint to the OPCC regarding the failure of two of the involved officers to write any duty-to-account report relating to this incident.”

“This case appears to be an example of a pattern of problems with respect to subject officers involved in critical incidents in British Columbia failing to prepare timely duty to accounts or notes of their involvement in incidents.”

The Chief Civilian Director (CCD), the almost outta’ here Richard Rosenthal, apparently is all pissy because designated subject officers are no longer filing duty to account reports or copies of their notes. Well, he has only himself to blame.

Because he saw the role of the IIO to gather evidence to prosecute police officers and demonstrated that attitude with the incredible overreach in bringing a murder charge against Delta Cst. Jordan MacWilliams and others like Cranbrook Cst. Rick Drought. Charges were ultimately dropped but not after putting the affected officers through hell.

When the BC Chiefs and the RCMP agreed to the original Memorandum of Understanding, they believed the IIO would conduct professional, unbiased investigations to determine the truth of any incident. But that’s not what they got. And now it seems, they have finally realized it.

In a nutshell, the various unions, agencies and the RCMP have obtained legal opinions which essentially say that police officers are Canadians first and police officers second. They may avail themselves of the Charter of Rights & Freedoms just like anyone else. The Charter supersedes all other statutes including the BC Police Act. And why Rosenthal’s pathetic complaint will go no where.

If you know someone is looking to criminally charge you, why help them? It’s a fundamental principle of our constitution and the police have now decided to fight back against the IIO’s nonsense. Fairness is all the police wanted, but that’s not how the IIO operate. So, now the battle is on.

And it’s not just the police unions driving this bus. Senior management are on board. So too, surprisingly, are the RCMP.

In an 8 page memo dated August 16th, the RCMP directed Liaison Officers (officers assigned to facilitate between the agency and the IIO in an investigation) not to provide “compelled notes, statements or reports to the IIO.”

Cudos to seniour management of the RCMP to back their members. Trust me, it’s rare when  that happens.

In my opinion, the IIO, as it is currently constituted and operating in the manner it has, needs to be completely re-thought by the government. Their mandate should be to conduct professional, unbiased investigations to find the truth. If the truth leads to a criminal charge against a police officer then so be it. Every police officer knows they are responsible for their actions. But that’s a far cry from the IIO’s attitude, as stated by their Director of Investigations John Larkin, “We start out believing they are guilty and work from there.”

Rosenthal is firing a parting shot with this complaint to the OPCC. It’s just sour grapes from a man who failed utterly.

He had the opportunity to create a first class police oversight agency. It isn’t and he didn’t. A career bureaucrat has been appointed as interim CCD while headhunter PFM Executive Search looks for someone to take over this mess. Whoever that will be will have to dismantle a flawed culture and start over. If not, the chasm between the police and the IIO will grow wider.

Neither the citizens of BC nor the police who serve them should be satisfied with that.

Leo Knight

@primetimecrime

Written by Leo Knight

September 4, 2016 at 12:36 am