Crime & Punishment

Crime and justice comment and analysis

Posts Tagged ‘RCMP

Justice delayed is justice denied

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There’s an old legal maxim which says “Justice delayed is justice denied.” The phrase has been attributed to William E. Gladstone who was Prime Minister of the UK for 12 years spread over four terms in the mid to late 19th century.

But the concept goes back to the Magna Carta of 1215, clause 40 which reads, “To no one will we sell, to no one will we refuse or delay, right or justice.”

Yesterday the Criminal Justice Branch (CJB) issued a media release saying there would be no charges against a member of the RCMP resulting from an in-custody death that resulted from an incident on February 14th, 2015. The man died in hospital on February 21st, 2015. I shook my head and read it again. Could it really have taken nearly three years to reach a conclusion in the case?

What could possibly be so complicated that it would take that long for a process to determine what happened?

The circumstances seem fairly straight forward.

Jacobus Jonker, 53, was arrested by Smithers RCMP resulting from a domestic dispute. His daughter called 9-1-1 saying her father was drunk, holding a knife and was “really aggressive.” She remained on the line with the dispatcher reporting that he had gone to his gun safe and taken out a shotgun, that he may be suicidal and was concerned he would shoot her.

When the responding officer arrived, later to be the so-called subject officer, Jonker was standing in the door. The officer called for him to walk towards him. He did with his hand in his coat pocket saying “shoot me.” While he was aggressive and non-compliant, the officer managed to take him into custody without using lethal force, using OC or pepper spray. Good job I say.

At the detachment, the next chapter in the arrest unfolded in the cells. Jonker became aggressive and attacked the officer’s supervisor who had joined him in cells to assist with the booking along with the jail guard. He tried to reach for the supervisor’s gun and then lunged at him physically. He was grabbed essentially in a headlock by the arresting officer and taken to the ground where a ground fight ensued while the supervisor tried to get handcuffs on the man and the guard tried to control his legs. Oh, and I should mention Jonker weighed 288 lbs. and neither officer topped 190.

He was a rugby player and coached the sport at the local high school. Suffice to say he was a physical challenge for the officers.

During the ground fight Jonker went limp, the officers flipped him over and observed he wasn’t breathing. They immediately began CPR and called EHS. Jonker was airlifted to Victoria where he died in hospital a week later.

Now, I should add that ground fighting is part of every police officer’s training. In the RCMP members are in the gym wearing judo gi’s. They sit back to back on the floor mat and on the instructor’s call, begin fighting, using any method, trick or tactic to get the other guy to tap out. There are no rules to ground fighting, save and except to get control. The object is to win, to survive. Cops don’t start fights, but their very life depends on their ability to finish them.

It’s tragic that Jonker died. It’s equally tragic this member had the Independent Investigations Office (IIO) investigation and possible criminal charges hanging over his head for as long as this. 34 months from the date of the incident to the day CJB finally issued a statement saying he would not be charged with manslaughter or criminal negligence causing death.

I should also add there was no mystery in any of this. There was a CCTV video system in operation in the detachment cell area and virtually all of the confrontation was captured and available for analysis.

Two police use of force experts were called in by the IIO, one with the RCMP but a different detachment and the other from the Calgary Police Service. Both said the use of force was appropriate and consistent with their training.

What could possibly take 34 months – nearly three years – to determine that this officer was simply doing his job? Jonker got “horribly drunk” as stated by his wife. He was aggressive and violent as indicated by his daughter in her 9-1-1 call and the fact the family had to flee the house. He was uncooperative and aggressive in the cells. He tried to take the supervisor’s gun and attacked that officer. He was pulled off of him by the subject officer and taken to the floor where to control the big man there was a ground fight the likes of which occurs in every jurisdiction in this country on a daily basis. I wish I could say it’s unusual, but it’s not.

In most of these incidents police are able to gain control of the suspect. But, sometimes bad things happen and occasionally people die as a result. But it is always the result of their own choices. The choice to use drugs, alcohol, use violence against the police, being fat are the usual contributing factors. That’s reality.

But there’s nothing complicated in any of this. What could possibly have taken 34 months for the IIO to submit a report to crown and crown to review to determine this officer did his job in accordance with the law and with his training?

Why keep the family of the deceased and the officer and his family hanging for so long? It is unprofessional and reeks of incompetence or worse, a fruitless effort to find something, anything, with which to charge a police officer.

This isn’t justice.

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Leo Knight
@primetimecrime

 

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Written by Leo Knight

December 15, 2017 at 10:19 pm

Successful campaign, but bitter feeling lingers

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Two weeks ago we started a GoFundMe campaign for Cindy Millington to help her through a tough time while her husband, RCMP Cst. Kwesi Millington, was serving his 30 month sentence after being convicted in a trumped-up charge of perjury.

After running for a week, we had surpassed the target goal of $10,000 and moved the goal to $12,000. Well, that too got passed. I spoke with Cindy and she was overcome with gratitude. We decided to let the campaign run through the long weekend then close it with a big thank you to all of you who supported Cindy. We then started the withdrawal process.

I then left for a pre-planned week in the desert playing golf with some of my retired former VPD friends. When I arrived at our hotel, I received a message from the GoFundMe Community Management Team saying, “It has come to our attention that your campaign may not be compliant with our Terms & Conditions.” They then proceeded to tell me the campaign was suspended pending a response from me.

I promptly responded explaining the situation and said the money was being raised for Cindy to help with the household bills and mortgage payments while her husband was unable to earn money and her salary alone would not cover everything. In the interim, I began getting messages from folks who were trying to donate but the site had been taken down and they were asking why.

I subsequently got this reply from GoFundMe: “Unfortunately, it has come to our attention that your campaign is in violation of the following line from our terms: “the defense or support of anyone alleged to be involved in criminal activity.”

Criminal activity? I was stunned.

What followed was a back and forth to ensure Cindy would be able to collect the donated funds and I’m pleased to say that Cindy has now received an EFT in the amount of $14,136.24.

When Cindy told Kwesi of the campaign he was very moved. Cindy said, “I told him how you created the campaign and it’s been flooded with donations. When I told him we were at $10,000 he said, OMG, I’m gonna cry, that’s amazing.”

While alls well that ends well, I suppose. But I’m still miffed at GoFundMe for the account suspension citing “the defence or support of criminal activity.” This was anything but. Kwesi Millington got steam-rolled by a system looking for scapegoats for political purposes and an employer that stood mute and did not come to the defence of the YVR Four.

Clearly by using the phrase “It has come to our attention…” indicates they got a complaint. Who would complain over this type of campaign? I don’t know. Maybe an anti-police type?Perhaps someone who doesn’t like inter-racial couples? A seniour member of the RCMP who did not agree with my criticism of the Force in this? Who knows?

But, what I do know is the policing community and those who support police came together and supported Cindy and the campaign for the week it ran and I guarantee you not one of those who donated in any way, shape or form defend or support criminal activity. It’s a nonsensical position taken by GoFundMe but at least they allowed Cindy to collect the donated funds, less their commissions of course.

I will stay in touch with Cindy and try and update you on how Kwesi and Monty Robinson are doing as I get updates. Again, thank you to all who supported this campaign. Your generosity is truly humbling and appreciated.

Leo Knight

@primetimecrime

Written by Leo Knight

November 21, 2017 at 6:35 pm

The real price to be paid for a travesty of justice

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Earlier this week the Supreme Court of Canada dismissed the appeals of RCMP members Benjamin “Monty” Robinson and Kwesi Millington and both began serving their sentences, two years less a day and 30 months respectively after totally undeserved perjury convictions.

As I have said previously, this is a travesty of justice. The four RCMP officers who attended a disturbance call at YVR in October, 2007 which resulted in the death of Polish traveller Robert Dziekanski, were just doing their jobs and now are both in prison. I’m disgusted.

There’s a lot of blame to be thrown around here, but none of it is on these members. They were failed by the seniour leadership of the RCMP and failed badly when they would not say publicly that these four officers acted according to their training and RCMP policy.

They were failed by the Braidwood Commission of Inquiry into the death of Dziekanski when Mr. Justice Thomas Braidwood failed to take into account the forensic video analysis of Grant Fredericks which showed demonstrably that the four members were telling the truth and the baying media hounds hadn’t a clue. Yet he sided with the hounds.

They were failed by the gutless politicians who had their own agenda that had nothing to do with justice and the truth.

Of the four, two were acquitted at bar and two were convicted. The two white officers were acquitted. The First Nations member and the black member were both convicted and now jailed. I am not making a specific accusation here, I merely am making an observation of fact.

I spoke with Kwesi Millington’s wife, Cindy, a few days after her husband turned himself in to begin serving his sentence. She was, as you might imagine, very upset. They expect that he will be terminated by the RCMP given the circumstances and that means his paycheque stops. Equally, while jailed he won’t be able to earn at another occupation now that his policing career is over.

Her salary isn’t enough to keep up with the mortgage, bills and legal fees they must now incur to get a parole lawyer to steer that process forward to ensure Kwesi gets parole at the earliest opportunity. She said she’d likely have to sell Kwesi’s car while he was in prison while using up what savings they had.

Kwesi has been transferred into the federal prison system in Kingston, Ontario. He is in protective custody because of his occupation. That means he spends his time in a small cell by himself with just 30 minutes of exercise a day with guards as company.

His first facility there will be for 2-3 months while Corrections Canada bureaucrats assess his case to determine which facility he should be assigned to serve his time. In the interim he won’t be allowed to call Cindy for several weeks until he gets his assigned phone card.

If I told you the whole of this story and how these members have been utterly abandoned by the Royal Canadian Mounted Police and left dangling in the breeze you might dismiss it as improbable fiction. This is the national police force after all. They have an iconic reputation and all that. Surely they would do the right thing, after all, their motto is “Maintiens le droit” – Maintain the right. And surely, you would be wrong.

The once proud force has done exactly the wrong thing in this matter every step of the way and much of it deliberately knowing what would happen to their members. It’s beyond offensive.

For regular readers of this space, my many supporters, police officers, retired and former police officers or just those of you who who can’t stomach injustice, I have set up a GoFundMe account to help Cindy and Kwesi in this trying time.

If you can help, please do. Anything would be welcomed. Here’s the link: https://www.gofundme.com/cindy-kwesi-millington

For the record, Kwesi was a young officer. When he used the Taser that night, it was the first time he’d ever deployed the weapon. When he testified at the Braidwood Commission, it was the first time he had ever testified in any forum.

Robinson was a Corporal in the RCMP. He has a pension and his income won’t suffer during his incarceration. He will, but at least his family will be okay. The circumstances are much different for Cindy Millington. She didn’t sign up for any of this.

She loves her man and was proud of him for what he was doing for a living, knowing all of the potential bad things that can befall a cop. But not this.

Unfair doesn’t even begin to explain what has happened to these four men. Worse for the two who are currently in the prison system. Worse still, for those who love them.

Leo Knight

@primetimecrime

 

 

 

 

 

 

 

Written by Leo Knight

November 6, 2017 at 1:27 am

The final chapter in a travesty of justice

with 8 comments

The final chapter in an absolute travesty of justice played out yesterday at the Supreme Court of Canada. The appeals of RCMP officers Benjamin “Monty” Robinson and Kwesi Millington were dismissed without reasons and each must turn themselves in to begin serving their sentences in prison.

Both members were convicted of perjury resulting from testimony given at the so-called Braidwood Commission of Inquiry. Which, in itself, was a deeply flawed process.

The Commission, you’ll recall, was called by the provincial government following the death of Polish traveller Robert Dziekanski at YVR on October 14, 2007. The Commission issued it’s final report in June of 2010. It found, essentially, that the RCMP were not justified in using a Conducted Energy Weapon (CEW) or Taser as it is more colloquially known.

It also found that the four members who attended the disturbance call at YVR “misrepresented” their actions in their testimony to the Commission. In the report Mr. Justice Braidwood said, “I found all four officers’ claims that they wrestled Mr. Dziekanski to the ground were deliberate misrepresentations made for the purpose of justifying their actions.”

“I also disbelieved the four officers’ claims there was no discussion between or among them about the incident before being questioned by IHIT investigators, although I did not conclude that they colluded to fabricate a story.”

And out of this resulted in a Special Prosecutor being appointed and the four officers charged with perjury. Two were acquitted and Robinson and Millington were convicted in what can only be described as a travesty of justice. Yesterday, the SCC put an end to the appeals process and Robinson and Millington must begin to serve their sentences, two years less a day for Robinson and 30 months for Millington.

What it all came down to was whether they wrestled Dziekanski “to the ground” or they wrestled him “on the ground.”

To find that somehow they colluded to “get their story straight” is simply to ignore the evidence. In a nutshell, Robinson remained at YVR while the other three went to the Sub-Detachment to make their notes and await IHIT investigators. Robinson met with IHIT investigators at YVR and accompanied them to the Sub-Detachment where the interviews began. At no point were all four together and alone so that they could collude.

But that is not all the evidence Braidwood ignored.

Forensic Video Analyst Grant Fredericks did an analysis of the so-called Pritchard video, taken by a civilian witness which became critical to this whole mess.

Fredericks is an expert in his field. This from his report, “I am also a paid instructor of Forensic Video Analysis and Digital Multimedia Evidence Processing for the FBI National Academy in Quantico, VA. I have been teaching at the FBI Academy since 1999.”

He has given expert evidence at trials in the US, Canada and the UK more than 60 times. Let’s just say he knows of what he speaks.

In his report Fredericks details how the video, shot in the European format PAL is not conducive to viewing in its entirety using the North American format, NTSC. But he does analyze it frame by frame.

At issue at Braidwood was testimony from the members that Dziekanski moved towards the members while brandishing a stapler over his head.

Fredericks conducted a Forward Motion Analysis and concluded that Dziekanski moved three steps forward towards the officers. In essence, he measured the number of pixels in the frame that Dziekanski occupied in successive frames. They decreased meaning he was moving away from the camera and towards the officers corroborating what the officers testified to, yet Braidwood ignored this.

He also shows Dziekanski holding the stapler over his head at the 00:3:41:23 point.

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This also corroborates what the members testified to, yet Braidwood chose to ignore this evidence.

Fredericks also shows at 00:04:03:08 after Dziekanski was tasered, an object was noted on the floor beside Dziekanski “consistent with the size of a Taser probe.”

This is critical because it happened before Robinson calls for Millington to “hit him again” meaning release another charge with the Taser. Why is this critical? Because a Taser needs two probes touching the subject in order for the energy charge to have any effect. So, all the charges triggered by Millington had zero effect on Dziekanski. All of which was completely ignored by Braidwood and the baying media hounds trying to say the members “executed” or “murdered” Dziekanski.

Fredericks’ report shows that the Taser was deployed three times after the dart was dislodged. The report clearly demonstrates the struggle on the floor the members who were hands on had with the large man. Again, in the blur of the moment, does it really matter when they wrestled him to the floor or on the floor? From the time of the initial Taser deployment the members went hands on, Dziekanski went down and the struggle to get him handcuffed went on. Yet, ignoring this critical evidence is the reason Robinson and Millington are going to jail.

There’s so much more to this travesty, from the RCMP refusing to say publicly that the members acted appropriately, a fact admitted to me by then Commanding Officer Gary Bass after he retired. The absolute stupid decision by then O i/c of IHIT Wayne Rideout in not allowing Sgt. Pierre Lemaitre to correct the record after he realized the initial information he gave at the first media briefing following the incident was inaccurate. That decision alone resulted in everything that followed once the Pritchard video was released.

Lemaitre was haunted by his error on that first morning and not being allowed to correct the record. His credibility suffered because of it and he was transferred to the Integrated Road Safety Unit, a traffic section. Lemaitre committed suicide in 2013. Was this a contributing factor? I don’t know for sure, but I’d bet on it.

The RCMP were painted as liars and covering up when in fact there was no such thing.  This was simply stupid handling of the media by the RCMP and not for the first time I might add.

The full Fredericks report can be found on Prime Time Crime here.

Why an experienced jurist would ignore this evidence and conclude as he did is beyond me. Since the perjury charges, convictions and the formation of the Independent Investigations Office resulted, this was critical.  One might think that the only way an experienced jurist would ignore exculpatory evidence is because the whole thing was a charade orchestrated by the government to get to a pre-determined conclusion.

Now, I don’t know that to be true, but it’s hard to come to any other conclusion when I look at all of this.

I got a message from Robinson following the SCC dismissal saying he’d be “off the grid for the next 8 months” I admire his attitude. I don’t think I’d be so stoic given that those four Mounties were just doing their job yet were buried by the system and now two are going to jail.

It’s a travesty.

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Leo Knight

@primetimecrime

Written by Leo Knight

October 31, 2017 at 6:31 pm

Reports are scathing of the RCMP, but little will change

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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

The culture is the problem in the RCMP

with 4 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

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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

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IIO complaint nothing but sour grapes

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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