RCMP rejects CPC’s recommendation that internal RCMP investigations cease in cases involving death 

Posted: 13 Aug 2009 by Ashley Paterson (LAW II) (LEAP Summer Intern)

On Tuesday, the Commission for Public Complaints against the RCMP (CPC) released a report concluding that the RCMP’s internal investigation process is inadequate. Referring to the RCMP’s current process as “Police investigating Police,” the CPC concluded that such practice “does not engender confidence in the transparency and integrity of an investigation and its outcomes.” Further, the research done by the CPC revealed some troubling statistics. First, that 25% of investigators knew the member they were investigating. CPC Chair Paul Kennedy noted that this can result in bias, or in situations where the investigating member is of a lower rank than the member being investigated, intimidation. The report also revealed that internal investigations are conducted by members with significantly different levels of experience and qualification.

The CPC made several recommendations to help remedy the internal investigation process until a more permanent solution is created. Among these recommendations were that all member investigations involving death be referred to an external police force or provincial body. The CPC rejected the current RCMP policy that internal investigations be handled like any other investigation because “[p]olice are held to higher account by the very nature of the work they do.”

The response from RCMP Commissioner William Elliot that it was business as usual was very disappointing and likely did little to satisfy the public anticipation that the CPC’s recommendations would be implemented. Elliot argued that there are specific situations where it is impossible for the RCMP not to investigate itself, for example, in remote communities where waiting for outside police forces to arrive and begin an investigation could threaten the credibility of forensic evidence. Elliot seemed to believe the investigative process within the RCMP was not as flawed as the CPC found.

Yet to a scrutinizing public eye, or perhaps the families of people such as Robert Dziekanski or Ian Bush who were killed at the hands of RCMP officers, Elliot’s underwhelming response may not be enough. Unfortunately, his response may actually contribute to a lack of transparency and accountability within the RCMP, which implementation of the recommendations was meant to restore. Further, offering exceptional situations where it may be difficult to implement the recommendations (such as in extremely remote communities) appears to be an excuse as to why the recommendations will not work. In short, Elliot has done nothing to restore public confidence regarding internal RCMP investigations, if anything, he has made the situation worse by attempting to protect a method that is clearly flawed.

Never ending scandals surrounding the RCMP

The RCMP has been involved in a number of high-profile scandals. http://en.wikipedia.org/wiki/Scandals_surrounding_the_RCMP

Dispersing the Fog http://www.dispersingthefog.com/

Inside the Secret World of Ottawa and the RCMP

 

National

http://www.theglobeandmail.com/news/national/government-lawyer-resigns-in-taser-case/article1221198/

Ian Bailey

Vancouver — Last updated on Wednesday, Jul. 22, 2009 11:58PM EDT

Government lawyer resigns in Taser case

The government lawyer who tearfully admitted to an error that has delayed the Braidwood inquiry into Robert Dziekanski’s death has resigned from handling the file.

Helen Roberts has been replaced by another lawyer within the federal justice department.

Commission lawyer Art Vertlieb Thursday confirmed Ms. Roberts’s departure from the Braidwood process, noting it was reported to him in a recent letter. He said he had no information to explain exactly why she has quit.

He said it will not affect the timetable for the inquiry, which is set to resume in September to figure out how to proceed in light of the unexpected developments that occurred last month.

The inquiry is looking into the death of Polish immigrant Robert Dziekanski, who died on Oct. 14, 2007 following a confrontation with four Mounties at Vancouver International Airport. The officers used a taser on Mr. Dziekanski, prompting a continuing debate about police use of such weapons.

Don Rosenbloom, a lawyer representing the Polish government during the inquiry, said Ms. Roberts decision came as no surprise.

“It’s been a difficult situation for Ms. Roberts. I respect the decision she has made,” he said.

There was no immediate comment from the federal justice department.

Last month, Ms. Roberts apologized after disclosures that federal lawyers overlooked a bombshell e-mail between two senior Mounties among thousands of pages of documents they received from the RCMP on CD-ROMs.

The e-mail sent from RCMP Chief Superintendent Dick Bent to assistant commissioner Al McIntyre suggests another officer, Superintendent Waye Rideout in charge then of the Integrated Homicide Investigation Team investigating Mr. Dziekanski’s death, had mentioned the four Mounties involved in a confrontation with Mr. Dziekanski went into the situation prepared to use a taser on him. Such a scenario would be at odds with the testimony from the four officers to the inquiry.

All of these officers plus the four Mounties will likely have to be recalled to give further testimony when the inquiry resumes.

Thomas Braidwood, head of the inquiry, said he was “appalled” by the situation.

Shoot from hip – hit the foot

Jerry Paradis

Wednesday, July 15, 2009

Could this possibly get any worse?

Throughout the Dziekanski affair, the concentrated aim of the RCMP has been to dispute what was accurately recorded on a cellphone. It is beyond question that their only focus should have been that video; but they should have accepted its contents without question. It had not been tampered with, it was not going to go away and it unambiguously showed what happened: Four cops cavalierly deployed a weapon to subdue a man who needed no subduing.

The RCMP mantra from Day 1 should have been this, and only this:

There. Is. A. Video.

They could (and did) only end up looking transparent and silly in their efforts to claim that what it showed didn’t really happen; they could only worsen their position by insisting that they had a “story” to tell that was different from the cinéma-verité staring them in the face.

Instead they tried, if briefly, to suppress the video. Instead, they ran around like the Keystone Cavalry, sending people to Europe to dig up dirt on the victim. Instead, and most importantly, they hung their members out to flap in the wind.

The four were far from blameless in the incident itself; but there can be little doubt that their (literally) incredible performance before the Braidwood Inquiry was required by their superiors in a misconceived effort to manipulate public opinion.

That manipulation seems to have been the target from the beginning. It has been reported in the Vancouver Sun that the e-mail between Supt. Dick Bent and Assistant Commissioner Al MacIntyre, suggesting that the four officers had agreed beforehand to use a Taser, thereby contradicting the sworn testimony of the four officers, was somehow omitted from the more than 1,000 reviewed by the force in the preparation of something called A Review of Communications Surrounding the 2007 YVR Incident.

That review could have been useful, but only if it had a lead chapter entitled, “What could you all have been thinking?” Instead, the report appears to be basically self-serving and ends up suggesting the development of “precise guidelines about what can be released, and at what point in the investigation.”

As incredible as it may be that our national police force has a shoot-from-the-hip media strategy, it certainly explains a lot. How else to account for the melodramatic press conference after the raid on the provincial legislature? Or the infamous comment regarding the investigation of the in-custody death of Ian Bush in Houston, B.C., that “the public doesn’t have a right to know anything”? Both were the work of Sgt. John Ward who was in charge of the force’s B.C. Communications and Issues Analysis Unit. Now we know: he was making it up as he went along.

But it is even more astonishing that no one in a position of authority in the Dziekanski case saw in it a golden opportunity to repair a lot of damage the force has inflicted on itself over the last several years.

There are many who continue to insist that the four constables involved should not have been cleared of criminal responsibility in Dziekanski’s death.

The main focus rests on the perceived use of “excessive force.” Anyone, and particularly any police officer, is entitled to defend himself; but he cannot use more force than is necessary to fend off the attack.

The snag in the Dziekanski death is that the Taser is not a gun. It was not reasonable to expect that it constituted “excessive force.”

Although Dziekanski died, up to that point the “conducted energy weapon” had been used thousands of times with only temporary, if painful, incapacitation the result. The very few reported deaths were clearly anomalous; and none had been definitively tied to the Taser. That’s not to excuse the reliance on it as an all-purpose soother, to be deployed in situations where there is just a whiff of the possibility that the officer might get his uniform dirty. “Officer safety” has reached its limits and needs to be addressed.

But there is no doubt that this was a chance for the commissioner to short-circuit the fumbling and contradictory local media commentary by coming out on Oct. 15, 2007 with a statement to the effect that, having reviewed the video, the RCMP could only offer its deepest apologies to Robert Dziekanski’s mother, acknowledge that a serious error in judgment had occurred, and that an outside force would conduct an investigation into the incident. Meanwhile, the RCMP would engage in a full review of the Taser and determine strict guidelines for its use.

There was no realistic option that could operate to the force’s advantage, and that one offered the least disadvantage. The most satisfactory result would have been internal discipline imposed on the four members for having forced an unnecessary confrontation that, even if unpredictably, ended in death. Restrictive guidelines for Taser use would have provided some reassurance that the situation would not be repeated.

Instead, we have the tragi-comic performances at the inquiry, where officers at all levels have been exposed to ridicule — and apparently more to come in September — without even a hint of support for the force’s party line: The members did nothing wrong, they acted in the finest traditions of the RCMP and would everyone please go away and let us carry on with our important work.

Now the federal government, which oversees the force, has also been dragged into the third ring of the circus with the failure of its lawyers at the inquiry to disclose a crucial e-mail they’ve had in their possession since April 27.

Its excuse? A spokesman for the Justice Ministry said, “The mistake was due to the volume of work and documents and the pace of the inquiry.”

Apparently, the process is moving so swiftly and the lawyers representing the RCMP are so thinly staffed, they can’t delegate someone to review the contents of a CD known to contain documents that might be relevant to the inquiry.

Unfortunately, it’s not the sort of thing that lends itself to gripping video. Otherwise we might be looking at an inquiry into the inquiry.

Jbparadis_9@hotmail.com © North Shore News 2009

 

LETTER FROM DR. MIKE WEBSTER TO CCRM

 

June 25, 2009

Dear Mr. Riddle,

 

            In my letter to Zofia Cisowski, I promised her that I would continue to shine a critical light on those that I believe are ultimately responsible for her son’s death.  Moreover, I closed my letter by stating that I thought someone needed to stand up and assert that “the emperor wears no clothes”.  It is in that spirit and in light of recent events that I pick up my pen once more.

 

            As you are well aware on June 19, 2009, a federal lawyer (representing the RCMP) produced an e-mail that suggests the four RCMP members committed perjury while senior executives stood by and said nothing.  This revelation has placed in the spotlight a group of RCMP executives (that reach across the country) who seem to believe that they can not only make the rules but break them.  Tragically, Robert Dziekanski’s role in this national tragedy has been to expose the corruption that exists in the upper echelon of the RCMP.

 

            There are very few corrupt police organizations, however most of them have members who commit corrupt acts from time to time.  This may sound shocking to the average person who until recently likely never thought much about the internal workings of law enforcement agencies.  The term “police corruption” has been used to describe many activities including:  bribery; violence and brutality; racism, favouritism or nepotism; and the fabrication and destruction of evidence.  Any definition of police corruption must address both “financial” and “process” corruption.  When we hear of police corruption most of us think of a policeman perhaps receiving a “kickback” (for referral services) or being part of a “shakedown” (receiving a bribe for not following through on a criminal act).  These are examples of financial corruption.  We don’t often think of “the fix” (the undermining of a criminal investigation or some other proceeding) as being an example of police corruption; however, it is and RCMP executives appear to be guilty of it.

            It is generally accepted that police corruption necessarily involves an abuse of position or authority.  What is really corrupted then is the “special trust” that is invested in the occupation.  Am I surprised that, it appears as if, the RCMP executive attempted to interfere with the outcome of a public process?  No I am not, as they do it to their own on a frequent basis.

 

            It is a fact that approximately half of the RCMP’s frontline employees do not trust their employer.  They are afraid for their safety and well being.  Where do you suppose this mistrust originates?  The RCMP executive routinely breaks the “special trust” it should have with its’ own employees.

 

            After more than 30 years working as a clinician for the RCMP I could relate dozens of horror stories illustrating management’s corrupt treatment of its’ own employees.  I won’t though, as I must honour the confidentiality of my patients.  However, you can get a taste of what I’m talking about by re-visiting the Gatehouse and Gillis article in the November 26, 2007 MacLeans magazine.  In each of the cases cited, by the authors, there is either evidence of, or strong suggestion of, corrupt activity on the part of RCMP management including; racism; favouritism or nepotism; harassment; misuse of resources; unwarranted or frivolous investigations; interference; and, the fabrication or destruction of evidence.  Am I surprised that four RCMP members may have perjured themselves with executive approval?  Not at all.

            How could this apparent descent into corruption possibly occur within such a once revered institution?  One explanation is often termed “The Dirty Harry Problem” (or just cause corruption).  At the heart of this problem is the question of whether “a morally good end” ever justifies the use of ethically, politically, or legally dangerous means to its’ achievement.  Once inside the RCMP it doesn’t take long before one learns that in the culture of the RCMP nothing is more important than the image of the organization.  Culpable (corrupt) behaviour actually becomes honourable when carried out under a moral justification to preserve the image of the Force.

 

            The answer to the above posed “ends-means” question is that “dirty means” must always be regarded and punished as dirty – even though their use can be justified under the extreme circumstance of saving the reputation of a Canadian icon.  We must always be cognizant of the “slippery slope”.  This phenomenon has two facets: the logical and the psychological.  The logical version suggests that although the gap between major and minor transgressions may be significant, there are many other transgressions in the gap which makes the setting of some logical boundary impossible.  Have they gone as far as interfering in criminal investigations?

 

            The psychological facet points to the process of self labeling that occurs as an individual (or organization) moves from minor to major forms of corruption.  There is a continuum of steps, at each of which a moral decision is required.  Each step involves a gradual redefining of self as someone who can execute ever more serious forms of corruption.  The journey is long but the steps are small between minor and major transgressions – so small it becomes progressively easier to justify the next one based upon the acceptance of the last one.  So what transgressions will we find along the RCMP’s apparent journey into corruption?

 

            I am sending this letter to you for a couple of reasons.  First, because someone needs to use the word….corruption.  We seem to be hesitant to use it in relation to our once beloved national police service.  In this regard, don’t forget there are very few entirely corrupt police organizations, but we should not be surprised that there may be corrupt elements with the RCMP.

 

            Secondly, the surfacing of this e-mail should serve to both catalyze and galvanize the Canadian public.  If what we now suspect is true, this will constitute an oppression of our civil liberty; it is the public’s right to know.  We must get behind a complete re-invention of the RCMP or it will only get sicker and sicker.  The causes of police corruption include:  factors that are intrinsic to the job; the nature of police organizations; the nature of “police culture”; the opportunities that exist for corruption inherent in the “political” and “task” environments; and the nature and extent of the effort put into controlling corruption.

 

            Some may be discouraged by the challenge and say “but we have no forum” for such a transformational change.  I would say the people of Iran have no forum to address the corrupt activities of their government either – but look at them.

 

Sincerely,

Dr. Mike Webster

Police Psychologist

ADDRESS AT ZOFIA VICTIM TRUST FUNDRAISING DINNER

White Rock, May, 30, 2009

We have gathered here today to embrace Robert Dziekanski mother with our love, compassion and support. It is difficult to imagine what you have gone through Zosia. But I can assure you, you have our hearts, minds and dedication, and we will not forsake you.

Our additional commitment comes from the fact, that you are one of those great people where there is no difference between principles and the person objectives. I remember talking to you on Mother’s Day when you were concerned with all mothers that what had happened to you must be prevented from happening again.

So we are here to make sure that justice is done eventually and we will support you Zosia on that as well. We know Zosia, you are looking for justice to be executed not only to you and Robert but to all of us, Canadians.

You are our leader. Your great human quality has been manifested through Robert, a very good man who one day wrote you on the postcard:

“PEOPLE BECOME GOOD BY DOING GOOD. IT IS RARE THAT THE PERSON IS GOOD BY NATURE ALONE. GOODNESS DOES NOT EXIST SO ONE CAN MAKE USE OF IT. GOODNESS DOES NOT FLOW FROM A PLACE OF WEAKNESS BUT ONE OF POWER”

We all were in shock and dismay after watching Paul Pritchard video. If it was not for the video we may have never known how brutally, how senselessly, and how unnecessarily Robert’s life was taken from him by the RCMP at YVR that dark day in October 14, 2007.

If it was not for the Paul Pritchard video, the truth would have been hidden and distorted by the RCMP – their media spokespersons and by subterfuge.

But Paul Pritchard video was not enough for our justice system to remove from the force all four RCMP policemen responsible for Robert’s death and investigate them independently by a special prosecutor for possible criminal charges of criminal negligence causing death.

In a state of shock, distrust and disgust, we Canadian have been asking and the word opinion is still asking – how this is all possible in a democratic country of Law, like Canada?

The Braidwood Inquiry Commission was supposed to give us some answers. The testimony and legal tactics of the RCMP at the Inquiry shows a force morally bankrupt and no longer worthy of public trust and confidence.

We are concerned that at the Enquiry, the dozen of lawyers, paid with our tax payers money defending negligent employees of the Airport and policemen breaking the law, appeared to be in the same team with lawyers representing Taser manufacturer and Canadian Government.

The “our side” was grossly outnumbered, being represented only by Mr. Walter Kosteckyj and Mr. Don Rosenbloom. If it was not for participation of those two men of good will, not only Zofia, but all law abiding taxpayers of Canada would not have had a voice in front of the Honourable Thomas Braidwood.

Only because of the thorough knowledge of requirements of good policing, by Mr. Kosteckyj and Dr. Webster we know what mistakes were made in selection, training and supervising of members of the RCMP.

Only because of the investigative skills and impeccable Courtroom manners of Mr. Rosenbloom police witnesses were proven to be wrong.

And now we know, thanks to Dr. Mike Webster’s letter to Zofia Cisowski, who was associated with the RCMP for over 30 years, how deep and dangerous RCMP is rotten from the top down.

And now we know that tragic events at YVR and delay of justice are only possible, because our justice system is broken with the most visible illustration of police being above the law.

RCMP Corporal Robinson, the one in charge of the execution commando at YVR, few months latter, was driving under the influence of alcohol, killed motorcyclist and run away from the scene of an accident. He is still the member of the force, like on holidays, suspended with pay. It seems he gets huge benefit of the doubt and bail, unlike ordinary civilians. How many times have we seen police spokesperson denounce a charged person in press conference? Is there a double standard?!

So our Canadian justice system is broken. And our fundamental civil rights are in jeopardy. Robert was murdered because his individual civil rights were trampled upon. And our justice system is broken because our democracy is in crisis.

Our provincial and federal political leaders remain callously indifferent, still hiding under the guise of “process.” Canadians have been failed not only by the RCMP but also by our politicians. It threatens our safety and freedoms in a democracy.

As the years pass since 9/11, the power of the governments becomes more and more pervasive. Those in power, whatever their politics, want only to perpetuate it and the people are the victims.

And we as a nation are not able to hold those in power accountable to us. This is typical of governments which ignore accountability. Such is the case in those countries which governments fear their citizens and not in those which cherish and protect them.

So, let me tell our government leaders out there that we are all sick and tired of it and we will not put up with it anymore ….the force and power of the people must and will be heard.

We call upon our provincial government to re-open the investigation into the death of Robert Dziekanski, involving RCMP policemen.

We demand that an Independent Special Prosecutor be appointed to determine the matter in accordance with the Criminal Code of Canada.
We call upon the federal government to dismiss RCMP commissioner William Elliott without any delay and job should be offer to Dr. Mike Webster.

Justice must not only be done, but be seen to be done, on behalf of Zofia Cisowski and all Canadians.

We are the people, we are the grassroots, and we are the heart and soul of Canada and through the power of media, the power of internet, the power of cell phones and the power of video cameras we will be watching out for all people. We will be initiating, organizing and responding to any violation of civil rights in Canada no matter where or how it happens.

We, the people will be watching you. There will be no more people like Robert killed on our watch. His death will not be in vain.

We are taxpayers, we are citizens, and more importantly we are voters. You serve us – we do not serve you. You can fire your tasers at us but we can fire back at you at the ballot box come next election.

Canadians want good government that serve and respect the wishes of the people, not a police state that tasers and kills innocent people then lies about the circumstances surrounding the killing and tries desperately to cover it all up.

Let’s be humble. We will not change the world. But let’s never doubt that even a small group of thoughtful, peaceful and committed citizens can start changing the world. Indeed, it’s the only thing that ever has.

And let’s realize that with a sacrifice death of Robert Dziekanski our modern Canadian history is “in making” in front of our eyes. Our firm stand in defence of civil rights and democracy – in pursuit of the truth and justice – through the power of media and internet will protect Canada from becoming a police state.

We are here for Truth, we are here for Light and that is our Way.

 

Zygmunt Riddle

 

On behalf of Zofia Cisowski: in the death of Robert Dziekanski at Vancouver International Airport on 14th of October 2007, involving the RCMP.

PRESS RELEASE

May 26, 2009

As the hearing of evidence at the Braidwood Commission is coming to a close, we want to share with the men and women of the media in Canada, Poland and many other countries, our gratitude for their keen attention and insightful reporting of the proceedings. Your empathy to the grieving Mother Mrs. Zofia Cisowski and firm stand in defence of civil rights and democracy – in pursuit of the truth – everywhere is proof of the power of freedom of the press and media and indispensable in protecting Canada from becoming a police state.

We are troubled that lawyers defending the Airport and the police appeared to be on the same team as the lawyers representing the Taser manufacturer, and the Canadian Government.

The “other side” was grossly outnumbered and without enormous resources of the police, government, Airport and Taser company; being represented by Mr. Walter Kosteckyj and Mr. Don Rosenbloom, retained by Polish Government. If it was not for participation of those two men of the good will, not only Mrs. Cisowski, but all law abiding Canadians and taxpayers would not have had such an effective voice in front of the Honourable Thomas Braidwood Q.C.

Only because of the thorough knowledge of requirements of good policing, by Mr. Kosteckyj and Dr. Mike Webster, the Police Psychologist, were errors in judgment and wrongful actions disclosed and discreditable testimony and conduct by police officers became obvious.

We are very grateful to the Honourable Commissioner Thomas Braidwood for patience during the proceedings, when we all had to repeatedly hear the same questions from different lawyers, posed to the same witness attempting to confuse and obscure the truth and we admire the fact that he managed to make many wise rulings in difficult situations.

Zygmunt Riddle

www.civilrightsmovement.ca

Tel. 604-868-7070

 

Media Advisory

For immediate press release

Kamloops, May 20, 2009

I am grateful to Dr. Mike Webster for his kind words regarding the death of my son Robert at the hands of the RCMP.

My friends and supporters Zygmunt Riddle of Canadian Civil Rights Movement and Lawyer Bill Sundhu, expressed already on my behalf, my appreciation.

What Dr. Mike Webster wrote to me about RCMP is truth and only the truth. Nobody so far exposed the truth about RCMP as Dr. Webster did.

No law abiding person should have to fear the police in Canada but instead they should be able to turn to them in trust. They neither attempted to preserve or protect life of my son.

I think most Canadians understand now that the whole of the RCMP needs big changes also personnel changes, so that it once again has the trust of not only Canadians but people in Poland and in other foreign countries as well.

Also the RCMP will never be trusted as long as they continue to investigate themselves.

Therefore the petition on my behalf http://www.thepetitionsite.com/95/justice-for-mother-of-late-robert-dziekanski

demands to re-open the investigation into the death of my son and Independent Special Prosecutor must be appointed.

ZOFIA CISOWSKI

 

Dr. Mike Webster,

Police Psychologist

 

Dear Mr. Webster:

Re: Open Letter to Zofia Cisowski – The Globe and Mail

 

On behalf of Zofia Cisowski, we write to thank you for your courageous and informative testimony at the Braidwood Inquiry and open letter posted on the Globe & Mail website May 15, 2009.

You should not have to apologize for the RCMP; your words were received graciously and tenderly by a grieving mother, still searching for justice and truth in the death of her son at the hands of the RCMP. The absence of a genuine apology from the RCMP and its “leaders” no longer disappoints, but reveals a spent force no longer connected to us – as you write at “war” with us. If not for the Paul Pritchard video, the truth would have been hidden and distorted by the RCMP – their media spokespersons and by subterfuge.

The testimony and legal tactics of the RCMP at the Braidwood Inquiry shows a force morally bankrupt and no longer worthy of public trust and confidence. Our political leaders remain callously indifferent, hiding under the guise of “process.” Canadians have been failed by the RCMP and our leaders. It implicates our safety and freedoms in a democracy.

We commend your courageous stance and look forward to working collectively for an accountable and responsible national police force worthy of the men and women who do serve honorably, as frontline officers, and the Canadian people who value honor and their freedoms. On behalf of Zofia Cisowski and many concerned Canadians, we sincerely thank you for lending your voice to our quest for truth and accountability.

Yours sincerely,

Zygmunt Riddle,

Canadian Civil Rights Movement and Friend to Zofia Cisowski,

604-868-7070 (Vancouver)

Bill Sundhu,

Lawyer and friend to Zofia Cisowski,

250-574-2124 (Kamloops)

National

Open Letter to Zofia Cisowski

Globe and Mail update http://v1.theglobeandmail.com/servlet/story/RTGAM.20090515.wmasonletter0515/BNStory/National#

May 15, 2009 at 8:36 PM EDT

Dear Zofia,

This is probably as close as you will come to a genuine apology from the RCMP. Unfortunately, the long history and rich tradition of the Force manifests itself today as arrogance and defensiveness. As you may know, I am the psychologist who was associated with the RCMP for over 30 years and testified at the Braidwood Commission. I have tried several times over the last few months to put what I want to say to you, about Robert’s death, in the form of a letter. I want to strike the right balance and have my remarks reflect my displeasure with the RCMP executive and not the generally well meaning and hard working members. I think I have it right this time.

The way your son was treated on October 14, 2007 was in my opinion, the absolute worst of Canadian policing. Then to compound this, the British Columbia Criminal Justice Branch rendered its charge assessment (December 12, 2008) of the 4 RCM policemen who were involved in Robert’s death. The Branch stated that it would not be “approving any charges” and that the force the policemen used was “reasonable and necessary in all the circumstances”. This statement reflects a profound misunderstanding and lack of respect for the application of force to vulnerable groups and those in crisis. How could this happen in Canada?

I want to assure you that it shouldn’t be happening in a country like Canada and that there are mechanisms in place to prevent such travesties. Please be patient with me as I first provide some context to our search for answers.

As in all democratic societies, the police in Canada are given the authority to use force to ensure that the laws of the country are upheld and public safety and security are maintained. This, of course, carries the expectation that police persons and their organizations will be accountable to the public for any use of force. However, even though the community provides the police with the ability to employ legitimate force, several questions arise:

i. What is a reasonable use of force?

ii. Why and under what circumstances is one type of force chosen over another?; and,

iii. What standards are in place to ensure that there is consistency in addressing use of force situations?

The police, in Canada, have attempted to address these questions by developing use of force models. No matter whether it is the RCMP’s Incident Management Intervention Model (IMIM) or the more widely used National Use of Force Framework (NUFF), these are attempts to integrate force options (e.g. presence, communication…etc.) with a generic decision making model (e.g. assess-plan-act). There are some key principles underlying these models:

i. The primary responsibility of a police person is to preserve and protect life;

ii. The primary objective of any use of force is to ensure public safety;

iii. The safety of the police person is essential to public safety; and,

iv. The use of force model does not replace the law

So far, so good. It sounds like the RCMP has ethical (and legal) guidelines that it must follow. So how could such a tragedy happen? The short answer is, an inept, insular, and archaic group of RCMP executives has let the Force fall out of step with 21st Century policing. Let me try to explain, using what many of us may only have been minimally aware of.

You may have noticed that all four of the RCMP members who confronted Robert were wearing black leather gloves. These are not part of the regulation RCMP working uniform. Why were they wearing them? They are called “slash” gloves and are designed to protect the wearer from sharp objects. In my considerable interactions with general duty (patrol) personnel I have come to understand there are two answers to the question. Yes, they are worn for protection but they are also worn for psychological effect. They are worn, by some, to intimidate (without giving much thought to how they could be perceived by the general public). Unfortunately the idea of intimidating people is entirely consistent with the RCMP management’s way of managing conflict not only with the public but also with its own membership. The idea of protection is reflective of the RCMP executive’s view of the public they police. We have become the “enemy” and they go to “war” with us each day, rather than collaborating with us to form a cohesive and consistent approach to policing our communities. The gloves are a symbol of the RCMP executive’s relationship with the public. So in a perverse way we can understand the climate in which the Taser was so warmly embraced by the RCMP decision makers and is so enthusiastically deployed by its loyal members. What better way to terrify or stay at arm’s length from the “great unwashed” than at the end of two 35 foot electrical wires?

Let me be clear, I hold the RCMP executive responsible for this attitude and indirectly responsible for Robert’s death. Tragically, the four policemen were doing what they had been trained to do. They actually believed the incredible testimony they gave at the Inquiry. (Some law enforcement training materials actually suggest the use of a conducted energy weapon for people in an agitated state!). The RCMP executive is out of touch with their constituency and their own membership, content to pad around in their various national and regional headquarters. They have forgotten what Sir Robert Peel told us 180 years ago as he began the first professional police service (i.e. London’s “Bobbies”). Among a list of principles fundamental to democratic policing he noted that the relationship of the police to the community must always reflect the historic tradition that “we are them and they are us”. To be specific, the RCMP must accept that they are not an elite group above and separate from the community. They are quite simply paid to do a job full-time that we should all be doing in our various neighbourhoods. They are only in uniform so that we can identify them when we need them. Unfortunately, the RCMP executive has forgotten this and become more interested in positive impression management than in maintaining public approval. (And if they knew their Peel they would realize that it is that approval that allows them to function at all). They view themselves as somehow apart from the rest of us, an elite group whose safety is more important than that of the most unfortunate among us, whose decisions are the preserve of only themselves and so called public safety “experts” (e.g. Taser International), and who devalue force options like “presence” and “communication” as naive and ineffective in today’s world.

The RCMP decision makers made a fundamental and far reaching error when they based their decision to bring the Taser into Canada upon anecdotal reports from their own members and information from Taser International. They refused then and continue to refuse to recognize that this issue and issues like this are public policy. They live too close to the forest to see the trees and would benefit from public input. They don’t have all the requisite expertise to make these kinds of decisions. A public advisory board comprised of policy analysts, those trained in research, scientific specialists, retired lawyers, judges, and police persons could add much to the decision making process regarding such important issues.

Finally, I would like to attempt to shed some light on the disappointing British Columbia Criminal Justice Department’s recommendation regarding charges in Robert’s case. In our system the Justice Department relies on the police to provide it with evidence upon which it offers a legal opinion. To be more specific, in this case the Justice Department was dependent upon the RCMP’s IHIT to provide it with comprehensive evidence so that it could make the best decision.

It is a psychologically unsophisticated idea to believe that the RCMP can investigate itself. When I say this I am not questioning anyone’s integrity. I am stating a fundamental principle of human behaviour. Human beings are highly subjective organisms; we see (hear, smell etc.) what we want to see, and we don’t like to see things that make us look bad. (Recall the RCMP’s original explanation of the incident, for which not a shred of evidence was found, or the meticulous unraveling of the IHIT’s case). This is why medical doctors shouldn’t be diagnosing themselves, researchers should be at arm’s length from their own research, and I make a lousy psychologist for my own family. Didn’t you find it interesting that one of the (supposed) finest police forces in the world reported that “no information was available to investigators regarding Mr. Dziekanski’s emotional state during his flight to Vancouver from Frankfurt”? Then those intrepid sleuths from the Braidwood Commission (lawyers Art Vertlieb and Pat McGowan) without ever flying off to Poland, invited some of Robert’s co-passengers and flight attendants to the hearing and found out that he was just fine. This is sometimes called selective perception; we look for and find only those things that would confirm our own perspective. I believe it was this faulty notion that the RCMP is the best judge of its own behaviour that resulted in the incredible ruling of the Criminal Justice Branch.

As someone who worked inside the organization for several decades I am deeply sorry for the RCMP’s behaviour that contributed to Robert’s death. I wish I could tell you that the issues I raised here, and many others, that are rotting the RCMP from the top down, will soon be changing. I won’t do that as the RCMP is in need of significant transformational change in order to genuinely re-connect with the public and its own membership. Changing bits and pieces of its infrastructure, as outlined by its “change management team” will not suffice. The changes required need to go much deeper and challenge the Force’s archaic self image and corporate culture. These kinds of changes focus on the outdated core values and culture that are most resistant to change; and most of the resistance comes from the top…the very people who make up the “change management team”. Massive organizational changes like this usually involve sweeping changes in senior management. Very few at the executive level who have had anything to do with shaping the recent history of the RCMP should be allowed anywhere near the room where genuine, and painful, transformation is being undertaken. I have little faith that anything of significance will change until the cabal in charge is gone; however, I want to assure you that I will continue to do everything in my power to shine a critical light on the role played by RCMP decision makers in Robert’s death.

In closing, you may be aware that my testimony at the Braidwood Commission was challenged as “biased” by the RCMP members’ lawyers. (And I’m sure they will try again in their final submissions). I am not biased, in a negative direction toward the RCMP. I have the deepest respect for the institution of the RCMP but very little respect for most members of the RCMP responsible for its present position and course. The executive level of the RCMP from one end of the country to the other is out of touch with both the public and its’ own membership. It’s time for someone to say “the emperor wears no clothes”.

Sincerely,

Dr. Mike Webster

Police Psychologist

 

National

GARY MASON

From Saturday’s Globe and Mail

http://v1.theglobeandmail.com/servlet/story/RTGAM.20090515.wmason0515/BNStory/National/home#

May 15, 2009 at 7:40 PM EDT

It started out as an apology for the role Canada’s national police force played in the death of her son, Robert. But in its writing, police psychologist Mike Webster’s open letter to Zofia Cisowski became a scathing indictment of the force’s leadership.

“So how could this happen?” Mr. Webster writes in his letter to Ms. Cisowski. “The short answer is an inept, insular and archaic group of RCMP executives has let the Force fall out of step with 21st Century policing.”

Mr. Webster has a perspective on the RCMP that few do.

He’s been associated with the force for more than 30 years. He’s been a consultant on undercover operations, hostage-takings and kidnappings. He is recognized as a leader in his field. And this past week, he took the stand at the Braidwood inquiry into the death of Robert Dziekanski and suggested the four RCMP officers involved in the incident panicked and abandoned their basic training.

Mr. Webster was in the news in the spring of last year when it became public that the RCMP had cut off all his contract work over the fairly mild criticisms he had levelled at the force over the Dziekanski affair. He told me that the letter to Ms. Cisowski is not about sour grapes, but rather an attempt to educate a grieving mother, and an angry public, about how something like this could happen.

It is written by someone who has had an insider’s perspective on the cultural evolution that has occurred over the last few decades within the RCMP.

“I thought this would be the closest she would get to a genuine apology from anyone associated with the RCMP,” Mr. Webster said in an interview this week. “I mean a genuine apology. If I didn’t say anything nobody would. But I also thought she needed to hear someone speak the truth about what’s really going on inside the force.

“I thought that might help her explain how things ever got to the point they did on that night at the airport.”

In his letter, made available exclusively to The Globe and Mail, Mr. Webster said he holds RCMP management responsible for the decision-making by the four officers in the short minutes leading to Mr. Dziekanski’s death.

“Unfortunately,” Mr. Webster writes in his letter, “the idea of intimidating people is entirely consistent with the RCMP management’s way of managing conflict, not only with the public, but also with its own membership.

“The idea of protection is reflective of the RCMP executive’s view of the public they police. We have become the ‘enemy’ and they go to ‘war’ with us each day, rather than collaborating with us to form a cohesive and consistent approach to policing our communities.”

Mr. Webster, who holds a doctorate in psychology, also takes aim at the Criminal Justice Branch’s decision not to press charges in connection with Mr. Dziekanski’s death. A decision based on an investigation of the incident conducted by the RCMP itself.

“It is a psychologically unsophisticated idea to believe that the RCMP can investigate itself,” writes Mr. Webster. “When I say this, I’m not questioning anyone’s integrity. I am stating a fundamental principle of human behaviour. Human beings are highly subjective organisms … we don’t like to see things that make us look bad.

“This is why medical doctors shouldn’t be diagnosing themselves, researchers should be at arm’s length from their own research and I make a lousy psychologist for my own family.”

Mr. Webster concludes his letter by saying that he’s “deeply sorry for the RCMP’s behaviour that contributed to Robert’s death.”

“I wish I could tell you that the issues … that are rotting the RCMP from the top down will soon be changing. I won’t do that as the RCMP is in need of significant transformational change in order to genuinely re-connect with the public and its own membership.”

While he admits to having little faith that anything much will change until the current leadership group in charge of the RCMP is changed, Mr. Webster promises Ms. Cisowski he will continue to “shine a critical light” on the role played by management of the Mounties in her son’s death.

That, he says, is the least he can do.

Dziekanski ‘would not have died’ if spared Taser, expert tells inquiry

CBC News

Robert Dziekanski would have lived if he hadn’t been stunned by a Taser when confronted by RCMP officers at Vancouver airport in 2007, a medical expert in sudden death testified Friday at a public inquiry. Dr. Zian Tseng, a cardiac electrophysiologist at the University of California in San Francisco, has studied in-custody sudden deaths, and his work shows that once Tasers were deployed, the rate of those deaths increased six times, though not all were directly attributed to Tasers, the inquiry heard. In his testimony, Tseng outlined what happens to the heart when a person is stunned by a Taser. In the Dzeikanski case, he concluded that the Polish immigrant would not have died if he hadn’t been jolted by a Taser. “I tried to put myself in that situation and think about if the Taser was not discharged in that case and he simply struggled with police,” Tseng said. “In my opinion, in that kind of scenario, he would not have died.”

Dziekanski died on the floor of the airport soon after being shocked five times by a police Taser. Four RCMP officers had been sent to the international arrivals lounge in response to reports that Dziekanski was throwing furniture and causing a scene. Within seconds of their arrival, a Taser was deployed to subdue Dziekanski. Tseng told the inquiry Friday Dziekanski was already in a heightened state of stress, frustrated by the situation he found himself in. Dziekanski’s stress level was made worse by the use of the Taser, which triggered a medical condition known as “ventricular tachycardia,” which Tseng described as a dangerous heart rhythm. The Taser jolts in this case either directly or indirectly led to that condition, which could lead to the heart stopping completely, Tseng testified.

The inquiry heard last month from a cardiology expert, who was paid by Taser International for sitting on its medical advisory board, that Dziekanski’s death didn’t seem to be related to the stun gun. Dr. Charles Swerdlow testified Dziekanski’s heart didn’t stop immediately after the deployment of the Taser, adding that if the heart was affected by electrical current, the resulting heartbeat would be either too fast or irregular.

 

Don Martin:

RCMP’s Dziekanski cover-up becoming worse than the crime

Posted: April 23, 2009, 7:07 PM by NP Editor

http://network.nationalpost.com/np/blogs/fullcomment/archive/2009/04/23/don-martin-rcmp-s-dziekanski-cover-up-becoming-worse-than-the-crime.aspx

The retired police officer thought it was pretty bad when he helped drag an RCMP commissioner before Parliament to face perjury accusations and allegations of a cover up.

But what’s surfacing daily on the witness stand at the Braidwood Inquiry into the death of Polish immigrant Robert Dziekanski has even Ron Lewis mortified.

In performing its duty to document the truth internally, properly brief the public externally and testify to the facts accurately, this inquiry has become a nightmarish example of a police force that is not always with us.

Mr. Lewis spent 35 years with the RCMP, including time on Pierre Trudeau’s prime ministerial security detail followed by riot squad, intelligence gathering and remote patrolling duties. 

But it was his whistleblower role in exposing RCMP pension plan irregularities that ultimately brought Commissioner Giuliano Zaccardelli before MPs for a performance which, coupled with his erratic testimony on the Maher Arar file, cut short his career as Canada’s top cop in late 2006.

Mr. Lewis has documented his battle in a just-released book This Is Not the RCMP I Joined, a detailed account of his fight against an RCMP boardroom seemingly more concerned with protecting its squeaky clean red-serge Mounties image than doing the right thing in law enforcement.

He admits the force got a black eye from a prolonged pension scandal featuring nepotism, contract irregularities and a refusal by senior officers to enforce the rules.

But the parade of Vancouver RCMP officers who Tasered a confused and unarmed immigrant five times, restraining him on the floor until he died while a civilian’s video camera rolled from the far side of the glass, is now giving way to evidence of a higher-level communications whitewash where critical information was ignored, suppressed or manipulated.

In vintage Watergate style, the cover-up is becoming worse than the crime.

“The investigators must’ve known immediately they had a huge problem, but didn’t handle it well out of a sense of self-preservation,” Mr. Lewis told me. “Now they’re locked on a global stage and they can’t get off. This is not a localized event people will easily forget. It’s going to take a generation for a lot of this to go away.”

It’s not that Mr. Lewis has qualms about Taser use. When he applied to join the force on his 18th birthday, electrical zapper guns were only found in science fiction comic books. His usual method of taking down an unruly suspect was to apply a now-banned choke hold or whack the offender with a force-issued flashlight that usually lost its bottom and sent batteries flying. The Taser is far safer and easier, he says. 

But the problem for the mounties goes beyond using excessive force against a frightened immigrant trapped alone in a situation he could not comprehend and waving around a stapler for protection.

While it falls far short of a justification, there’s a plausible explanation for their bizarre heavy-handed response.

Talk to RCMP and they’ll confide that airport duty is a dog job where long boring days are spent serving as armed security guards, directing passengers to the nearest washroom or giving them directions downtown.

When excitement surfaces, there’s a tendency to overreact. In this case, this exuberance may have been compounded by the failure of the two-pronged Taser darts to properly connect with Robert Dziekanski’s torso, which could explain the multiple jolts fired by the weapon. 

But nothing explains why officers acutely aware they had been captured as stars of riveting video footage would together craft and stick with a bogus script that conflicted with the pictures. And nothing justifies police communicators deliberately allowing such stories to remain as police facts for more than a year.

The pension plan fiasco was confined to the top level of the police force. This inquiry-probing incident started at the lowest level of policing, but is now creeping up the chain of command.

If the two RCMP apologies this week aren’t backed by fresh evidence to exonerate the lethal response to the hapless Mr. Dziekanski, the RCMP will need more than boosted manpower and better weapons to do their job properly in the public eye.

Perhaps the automatic videotaping of every arrest is needed to help keep their memories and the facts in sync.

National Post
dmartin@nationalpost.com

TO ALL CANDIDATES IN PROVINCIAL ELECTION FOR BC LEGISLATURE

The circumstances surrounding the tragic death of Robert Dziekanski at Vancouver airport, and especially RCMP conduct and continued cover-up, requires immediate action of a new government in order to restore public confidence in the police authorities and the administration of justice in British Columbia:

1.     Appointment of an Independent Prosecutor to oversee the re-opening of investigation into the death of Robert Dziekanski to determine criminal charges;

2.   Demand full accountability of the RCMP, including suspension and dismissal without pay of all 4 RCMP officers and their superiors involved in the misleading of the public and any cover-up.

The newly elected legislature should pass a new bill that would:

1.     Establish an independent British Columbia Police Force and terminate RCMP contract services without delay;

2.    Establish an independent civilian body to investigate and determine complaints of police misconduct.

These actions should be taken immediately and there is no need to wait for final findings of Braidwood Commission of Inquiry. Independent and publicly available evidence and testimony before the Inquiry has so far provided ample evidence of and confirms RCMP negligence and cover–up. Public confidence in the integrity of the RCMP and the administration of justice involving the Criminal Justice Branch decision to announce no charges against the officers has been eroded to unprecedented levels and jeopardizes liberty from police misconduct.

The Inquiry will cost tax-payers millions of dollars and history shows government inaction on previous Commission recommendations and public reports. It should not have been established at all. Justice must not only be done; it must be seen to be done. The improper investigation and the decision to not lay charges lack independence and appearance of integrity.

We are witnessing an unacceptable waste of thousands of dollars everyday of taxpayer’s money for lawyers defending an RCMP cover-up and reprehensible attempt to blame and discredit the victim. This is a stain and dishonor upon the system of law enforcement and justice. On the other hand, Zofia Cisowski, the mother of the late Robert Dziekanski is unable to work and on a modest Canadian Disability Plan. The sordid conduct and unfairness of this is an affront to the values of Canadian society. We need to take our police force back and restore integrity.

We have to reverse our path towards a police state.

 Zygmunt Riddle

CANADIAN CIVIL RIGHTS MOVEMENT

April 19, 2009

An Open Letter to Attorney General for British Columbia

Email: AG.Minister@gov.bc.ca

Dear Mr. Oppal:

Re: Taser (Dziekanski) Inquiry and RCMP

The testimony of the RCMP officers involved in the death of Robert Dziekanski at the Braidwood Inquiry raises serious questions about the integrity and honesty of all 4 officers involved in the tasering incident. If they can lie about what happened to Mr. Dziekanski and under oath, in the face of video evidence, what does that say about the confidence the public can have in any prosecution in which these officers have previously testified? It raises serious questions about the integrity of those proceedings and concern for miscarriage of justice.

I urge you to consider review each and every criminal prosecution in which these 4 officers have testified. Justice requires confidence that any convictions obtained in which they testified were not obtained wrongfully.

Yours truly,

Zygmunt Riddle

CANADIAN CIVIL RIGHTS MOVEMENT

March 25, 2009

  http://www.thestar.com/comment/columnists/article/596899

thestar.com

Lawyer alleges cover-up in Taser case

 

Petti Fong
WESTERN CANADA BUREAU chief

VANCOUVER–A lawyer representing the government of Poland accused the RCMP officer who fired a Taser at Robert Dziekanski of cooking up his story and collaborating with other officers on how to justify the shooting.

In his cross-examination of Const. Kwesi Millington at a public inquiry yesterday, Don Rosenbloom said it’s too coincidental that all the officers who confronted Dziekanski at the Vancouver airport the night he died made the same errors in their recollection of events.

“You were fast at work at the scene of the incident, cooking up your story, and you continued your collaboration back at the office,” said Rosenbloom.

“You and your fellow officers collaborated to fabricate your story in the expectation it would justify your conduct to your superiors.”

Millington, who fired the Taser, said there was no collaboration. On the witness stand, he said he’s never spoken to the other officers about the incident.

“We never did that,” he said in response to Rosenbloom’s accusation the officers collaborated on their stories. “That never happened.”

Rosenbloom said it’s impossible to believe all the officers made the same mistakes in their statements to RCMP homicide investigators.

“I’m suggesting you and your fellow officers intentionally misled the (RCMP) investigators and you continue to lie under oath at this inquiry.”

Millington, who was on the witness stand for three days, said those were his impressions at the time.

In truth, it turned out the officers didn’t, as they had said in their statements to investigators, wrestle Dziekanski to the ground and that the Polish man was not screaming and waving a stapler at them. That evidence emerged from video taken by a bystander.

Millington fired the second of five Taser shots at Dziekanski when the unarmed man was already on the ground following the first blast from the weapon.

“I explain what I perceived at the time,” said Millington, who has since transferred to a detachment in the Toronto area.

Const. Bill Bentley testified that about six weeks after the incident, the four officers involved met to discuss it along with a psychologist and employee aid workers with the RCMP. But Millington testified that details of the Oct. 14, 2007, incident were not discussed.

Like the other officers before him, Millington said he regrets what happened, but he followed his training. He was taught that multiple Tasering on subjects is not advised, but Millington said it was vital to get Dziekanski under control.

The officer said it was necessary to ensure Dziekanski was handcuffed and subdued properly because of concerns he could grab a weapon on the holster on one of the officers.

All four officers were criminally investigated by the RCMP and Crown counsel in B.C. decided in December that a conviction was unlikely, so no charges were laid.

However, the inquiry’s head, retired judge Thomas Braidwood, could still make findings of misconduct. In addition, a civil suit against the RCMP by Dziekanski’s family is still possible. The Polish government is also weighing whether to file its own criminal charges or civil liability claims against the officers.

Millington was the last RCMP officer to testify before a two-week break.

The inquiry resumes March 23 with the testimony of the senior officer at the scene that night, Cpl. Benjamin Monty Robinson.

 RCMP stalling delays Taser inquiry

RCMP foot-dragging in the investigation into the Tasering of Polish immigrant Robert Dziekanski at Vancouver International Airport a year ago has forced a second postponement of the public inquiry into his death.

 By The Vancouver SunOctober 28, 2008

 RCMP foot-dragging in the investigation into the Tasering of Polish immigrant Robert Dziekanski at Vancouver International Airport a year ago has forced a second postponement of the public inquiry into his death.

The inquiry was supposed to reconvene Oct. 20, but that was delayed a month ago until Nov. 20. At that time, Crown counsel said it would require at least two weeks to review the investigators’ report on the incident that triggered international outrage and several probes into the use of the conducted energy weapons.

Turns out, the prosecutors weren’t able to meet that deadline because the material received from RCMP investigators was deemed incomplete, with a required report on the use of deadly force missing.

The inquiry now has been put off until Jan. 19.

“To fulfil its mandate in the most ideal way, the commission needs the cooperation of the RCMP, including access to the Dziekanski case files,” explained Art Vertlieb, commission counsel. “But that’s unlikely to happen until a decision is made on charges.”

This is another arrogant response from the RCMP, which has behaved badly throughout this tragedy.

The force initially misled the public about what happened, tried to suppress a videotape of the incident shot by a witness and now RCMP investigators have taken more than a year to provide Crown with the material needed to decide whether any or all of the four officers involved should be charged with Dziekanski’s death.

“The public has a right to know!” fumed Walter Kosteckyj, lawyer for the family, on Monday. “The delay is ridiculous. It makes us all look foolish. It makes the legal community look foolish.”

This tempest exposes also the dysfunctional relationship between the provincial government and the federal police agency. We pay for the Mounties, but they don’t report to Victoria, they report to Ottawa.

After Dziekanski’s death, Attorney-General Wally Oppal admitted even he couldn’t get straight answers about what happened at the airport Oct. 14, 2007.

Now his prosecutors can’t get the federal police agency to provide in a timely manner the requisite information to make a charge decision. Come on!

Retired B.C. Appeal Court justice Thomas Braidwood, who is conducting the two-part inquiry, said he was disappointed at the second delay.

I bet.

The Mounties’ lackadaisical approach has not only made a mockery of public concern about what happened, their foot-dragging tarnishes this inquiry.

Like all of us, Braidwood is frustrated and agrees that the public deserves answers about what occurred.

But without hearing evidence directly from the officers, and having access to the RCMP’s files, it is impossible for him to do his job.

Oppal appointed him in February to conduct two related inquiries.

The first was a “study” commission into the use, safety and effectiveness of Tasers by B.C. police forces other than the RCMP. The second phase was to investigate the circumstances of Dziekanski’s death.

After a day-long international flight, Dziekanski, 40, spent 10 hours at YVR apparently lost and unable to find his mother, Zofia Cisowski, who was waiting for him in a separate area of the terminal. After hours of futilely trying to get help, she went home to Kamloops.

Her son became more and more upset until his distressed behaviour caused RCMP to be summoned. Within seconds of their arrival, the Mounties twice Tasered the burly construction worker.

Dziekanski died as the officers subdued him.

“This is just such an unbelievable set of circumstances,” Kosteckyj said. “We’re talking about 20 or 30 seconds. Why would it take so long for the RCMP to complete their report? It leaves the impression they’re delaying in the hope the public will forget.”

Maybe they’ve never heard of the adage that justice delayed is justice denied.

These shenanigans have exposed more than anything how much the RCMP is in need of reform.

As Kosteckyj asked: “What happens in those circumstances when there’s no videotape of what happened? What happens in those cases? That’s what the public needs to know.”

We already know — an outright whitewash.

It’s time to end the policing contract with the RCMP and for B.C. to police its own turf. Then we’ll be able to get answers when things go terribly wrong.

imulgrew@vancouversun.com

© (c) CanWest MediaWorks Publications Inc.

SPECIAL MERRY CHRISTMAS TO ALL

Dear CCRM members and friends,

For the last couple o weeks I was wondering what would be the most appropriate gift and Christmas greetings for Robert’s Mom, Mrs. Zofia Cisowski and all of you who expressed so much support and compassion for her.
Most recently I have been embarrassed and very sad after reading “Let’s not rush to judgement on YVR death” an article by Dan Lemieux, published in the North Shore News.
I have forwarded it to you looking for your public response. Mr. Chuck Konkel from Toronto was one of the addressees. Today I have received copy of his letter sent to the North Shore News. Before I will share it with you, let me make a brief introduction of Mr. Konkel.
I happened to be gifted with his friendship since nineties. An author of two acclaimed novels, featured on Larry King radio with first one, regular book reviewer for Globe and Mail. Professor in Corporate Media Communications, lecturer for many years at the Canadian Police College, Ontario Police College, University of Leeds , Queen’s Business School, University of Calgary, University of Toronto, University of Waterloo, FBI Academy and Polish Police Academy.
But first and foremost Chuck Konkel is a very profound Police Officer, an international expert in Organized Crime. He has policed on three continents including criminal investigations in Moscow, Russia and Hong Kong. Conceived and developed the Hate Crime initiatives utilized by the Toronto Police Service, OPP and Government of Canada.
Well – what then he has to do with Robert Dziekanski tragic death? Let me be very frank with you. He has quite a lot in fact. Mr. Konkel as many other good Canadian cops must have been embarrassed by RCMP conducts and covers up at the YVR.
But Chuck has done much more. He has comforted me and guided with his wisdom and kindness right from the beginning of my involvement in CCRM. Ethically he believes in the rule of law and that is why he was silent about the official investigations. However, when he witnessed reporters attempt to reconstruct facts, namely North Shore News publication (or perhaps when official agencies use reporters to back door information into a public forum) now that was a different matter entirely. He must have to believe, the reporter and his sources have crossed the line of public tolerance. And he responded adequately. I found his response to be the best Christmas gift for Zofia Cisowski and all of us.

Merry Christmas, God bless you all.

Zygmunt Riddle

From: konkel [mailto:konkel@sympatico.ca]
Sent: December-22-07 1:16 PM
To: random.shadow@hotmail.com
Subject: “Let’s not rush to judgment on Dziekanski’s death”

Dear Mr Lemieux

I read your comments with interest and respect your right to an opinion on the tragedy at Vancouver’s International Airport…
The fact that Mr. Dziekanski may or may not have had a criminal record in his home land is irrelevant to what transpired on the video and does not diminish the quality (?), nature and extent of the police response to his “wandering through the closed area of the airport”.
I viewed the ten minute clip which appears to cover the relevant points in issue – perhaps there was more I cannot judge what I cannot see – but based on what I can see- the destruction of government property you allude to is minimal; the police response is exaggerated and certainly speaks to many onlookers internationally to a lack of discipline, training and direction on the part of the involved officers.
Please do not articulate the response that the action taken on the part of the police was prudent in the circumstances.
I have been a police officer for over thirty years and continue to be one in a very large urban community. I have certainly confronted similar and patently worse circumstances.
There was no weapon involved, no evidence of aggression exhibited toward any of the officers.
I agree that the four officers are facing a situation that we in law enforcement all dread. But this is not a case – to paraphrase you (of) “…. those of you who have not made a mistake, stepping forward…”
I disagree with you when you try to dispense the blame quotient equally between the deceased, his mother and the four officers.
We should place a higher measure of fault on the four officers because ostensibly they are better trained, more familiar with the options available to them at Vancouver Airport and because we as good citizens place our police a position of societal responsibility and trust that they act appropriately. If you review the criminal code you will see a poignant section 26. Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.
As a police officer and senior supervisor I have confronted life and death situations on more occasions than I care to innumerate. I am trained to deal with such matters but I and my peer group must and do accept the consequences of an “error” in judgement. Sometimes those consequences are grave. Sometimes they entail public approbation; occasionally they bring a finding of guilt in the criminal justice system.
You are right, perhaps the officers made a mistake… but none of them died that day. Dziekanski’s only mistake appears to have been in the wrong place at the wrong time….to find himself dealing with an airport bureaucracy that lacked sophistication in a world where it should be the norm and to find himself ultimately dealing with four uniformed officers whose appreciation of the situation appears to have been sadly and tragically flawed.
It wasn’t the taser that killed the Pole; it was the actions which followed the tasering. And that is the sum and substance of the tragedy. This isn’t a play where we bemoan the fatal flaws in each of the characters and everyone goes home to their bed at the end of the night.
If it were so simple there wouldn’t be any of a number of inquiries and public reports stemming from that horrible morning (for all parties directly concerned).
It behoves us little to allude to the deceased’s criminal record– what the officers confronted is what they dealt with and what they will be held responsible for. Comments as to previous criminal records do little but cheapen the position of the police and muddy the waters of truth.

Yours truly
Chuck Konkel

ARTICLE PUBLISHED IN NORTH SHORE NEWS BY DAN LEMIEUX

Let’s not rush to judgement on YVR death
Dan Lemieux
Special To North Shore News
Wednesday, December 12, 2007

It is always sad when someone dies a violent death, regardless of the circumstances.
Robert Dziekanski did not deserve to die at Vancouver International Airport and police did not intend to kill him.
Independent studies in Canada, Britain and the United States have found Tasers save lives and reduce injuries to both suspects and police.
The video taken at the airport is almost 10 minutes long and most people have seen just over three minutes.
Many feel police activated the Taser too quickly and have rushed to judgment without waiting for results of the investigation. The Integrated Law Enforcement Team comprised of investigators from several police departments will determine all of the facts. A coroner’s inquest and several other independent hearings will also be held. It will take a while, but all details will be revealed.
Dziekanski’s mother apparently instructed her son to wait at the baggage carousel in Customs. Persons arriving by aircraft are the only ones who can access this area.
Dziekanski spent seven years planning to immigrate to Canada but was unable to speak or read enough English or French to even explain he was Polish or to communicate his problem to others. We are told he had his mother’s cellphone number but did not call her. It was his first flight and he had a fear of flying. He was a heavy smoker and had quit the day before. There are no food outlets in the area and it is possible he had not eaten since getting off the plane. He may have been under a lot of stress, but it does not justify going berserk and destroying government property.
There are 6,912 living languages spoken in the world and 145 of them are spoken in Canada. It is impossible to provide translators for everyone.
People should be able to speak some English or French before being allowed to immigrate. How could he find employment?
It is alleged he was a convicted bank robber who has spent more than five years in jail in Poland. It will be interesting to learn why he was granted permission to come to Canada in the first place.
Approximately 4,000 people passed through Immigration and Customs while he waited at the Customs baggage carousel. His mother made inquiries concerning his arrival and was told by an immigration official that he was not there. She subsequently returned to Kamloops. After many hours, he finally made his way to the exit and instead of going through the doors, became violent and began smashing computer equipment.
Two security officers hired to protect people and property at the airport simply stood and watched Dziekanski destroy property. No Immigration or Customs personnel are visible in the video and it would appear they abandoned their posts. The security members were unwilling or unable to handle the situation and called police. Their intervention at an early stage could have prevented the confrontation with police. Security personnel have direct contact with a control room at the airport and could have called airport paramedics and airport firefighters. Firefighters and paramedics were dispatched from Richmond causing unnecessary delay.
Police responded to a call that a violent person was destroying property in a restricted zone at the airport. Four officers responded. What they were told by the dispatcher following the 9-1-1 call will be significant.
As police approached Dziekanski, they greeted him cordially and asked what was wrong. He was a big strong man who was very agitated. He turned and started to walk away. Police are authorized to use Tasers to subdue a person to prevent injury to themselves or others. He had been violent, caused willful damage and was liable to arrest. The Taser has been used many times without injury to the victim. If public outrage restricts or limits the use of the Taser, many officers of lesser strength and smaller stature, both male and female, will be at risk.
Police wear bulletproof vests and carry weapons because enforcing the law is dangerous. The aim of every officer is to maintain law and order and still come home safely at the end of a shift. They are often called upon to make instant decisions and are not always correct. What should have been a routine disturbance call turned into a worldwide spectacle. Several people including Dziekanski and his mother made mistakes, but all blame has been directed at police. It would be prudent to await results of the investigation and other enquiries before rushing to judgment.
All who have not made a mistake in life, please take a step forward.
random.shadow@hotmail.com

MEDIA ADVISORY
FOR IMMEDIATE RELEASE
December 12, 2007

As a Foreign Consul I will not and can not comment on Canadian internal regulations. I am interested in them however as far as they concern the security and safety of Polish citizens, both residing in this country and coming to Canada. For obvious reason Poland want her citizens to feel save and secure, so I welcome any changes relating to any improvement in that field. Changes that will prevent senseless loss of Human life.

The recent tragic death of Robert Dziekanski at the Vancouver International Airport was a shock to all of us, not only Poles but Canadians as well. I would like to thank all individuals and organisations whose letters of support and sympathy I received and whose actions proved that there is a great concern for civil rights and liberties of common people. In particular I would like to give thanks to Canadian Civil Rights Movement for all the efforts taken together with British Columbia Civil Liberties Association.

You can contact CCRM by calling Mr Zygmunt Riddle 604 868 7070

Consul General Maciej Krych
Consulate General of the Republic of Poland in Vancouver
1177 West Hastings Street, Suite 1600,Vancouver, B. C. V6E 2K3
Phone: (0-01604) 6883-530, 6884-730; fax 6883-537

ADDRESS AT PUBLIC FORUM KAMLOOPS

Thompson Rivers University Faculty, Human Rights Committee

November 29, 2007

Let’s commemorate the tragic death of Robert Dziekanski. Let’s embrace his Mom – Zofia Cisowski with love and support. But also let’s talk about, how to make sure that Robert life was not taken in vain.

Thomas Jefferson, the third President of the United States the principal author of the Declaration of Independence wrote:

When the government fears the people there is liberty; when the people fear the government there is tyranny.

How does Canada fit into this dichotomy? Where are we as a nation?

We are not afraid of the government, maybe we start to be afraid of police but in most cases we do not like our governments – our politicians and definitely we do not like so much our police anymore.

Does the government fears us, the people? – Rather not, rather it ignores us. And our politicians, almost all of them are devoted to their own particular interests and seem to be concerned only with the ballot box. But they know very well that we do not really have much choice. In most ridings they know they will be elected once they get their party’s nomination.

So where are we as a nation – closer to liberty or to tyranny? In my view, very clearly now after this tragic death of Robert and all the circumstances we are familiar with thanks to Paul Pritchard’s VIDEO, we are on a course to a kind of a police state.

It is not only that police in many instances is arrogant, soulless, not professional, ruthless and bully, but what is more alarming – police is lying and is covering-up.

This is most disturbing – how is it possible that the police who should be on guard of order and law, this police is lying. Moreover – this police is more and more not accountable to government, not mention to us citizens. What is even more alarming – is that the government and politicians are tolerating this state of affairs.

And what about us, Canadians, citizens of this beautiful land?

Generally we are much disciplined, compliant and differential and what is the most disturbing – we are very much in a state of apathy – nothing can be done.

Even in shock and outraged by the government, police and politicians actions, we do not go further than criticism and disproval.

Let me give you an example of the most recent Rally in Vancouver to commemorate Robert’s death. Judging from the public outrage expressed in thousand, and thousand of e-mails, blog entries and private conversations – we should have at least 50 thousands participants at this Rally – we had maybe two thousand.

So where are we as a country if we compare Canada with most civilized countries?

We are not the fifties state of the USA yet but we are not as faraway as one might think. However we are faraway from European countries. Imagine this tragic death of Robert happened in France or Italy. We would have hundreds and hundreds thousand people on the streets, policemen would be persecuted immediately, airport authorities fired, chief of the national police dismissed and Minister of Interior resigned.

Ok. Mr. Riddle – you are obsessed not only with our political, democratic system in Canada naming it on a road to police state but with Canadian police in particular. Your picture is very much out of the proportion and is not objective. One of the police officers told me – You must have something under your skin that you dislike us so much. Maybe we should check your record.

Well – check me. I do not drink alcohol at all so I have full comfort driving my car and not being concerned with police stopping me. My criminal record is as clear as of a new born baby. Moreover – as a Solidarity Rep in Canada I used to cooperate with RCMP (then Canadian icon) to protect this land from KGB penetration.

In addition I happened to be a friend of Marek Papala, the Chief of Polish National police in the nineties. Just after he was appointed he asked me: Zygmunt, I need your help. We have to eliminate mafia in Poland. You are a Canadian and I have heard so much about the great Canadian police. Could you find me an expert on fighting organized crime and bring him to Poland to train our forces?

Well – I did. I found a Canadian top gun in fighting triads in Honk Kong. He went to Poland and helped a lot. Maybe it was too late for General Marek Papala – he was shot and killed by mafia. However, his life was not taken in vain.

Let’s make sure that Robert Dziekanski life was not taken in vain.

Zygmunt Riddle Przetakiewicz
CANADIAN CIVIL RIGHTS MOVEMENT

POLAND LAUNCHES OWN INQUIRY INTO ROBERT DZIEKANSKI DEATH

Authorities in Poland said Wednesday they are launching their own investigation into the death of Polish immigrant Robert Dziekanski at Vancouver International Airport last month.

“The aim of the investigation is to verify whether (Canadian police) exceeded their authority and involuntarily caused the death of a Polish citizen,” said Michal Szulczynski, spokesman for the regional prosecutor’s office in the southwestern Polish city of Gliwice.

“The Polish criminal code allows for an investigation in cases which have taken place abroad but which involve a Polish citizen,” he told AFP. “Foreign nationals can be prosecuted in such cases.”

Polish authorities say for now they just want to get to the bottom of what happened, but they warned they won’t rule out laying their own charges against Canadian citizens in the case.

“For the moment it’s a question of clarifying the circumstances and causes of Robert Dziekanski’s death, but we can’t rule out that in a later phase the investigation could lead to the indictment of Canadian officials,” said Szulczynski.

There are already eight separate investigations underway to determine what went wrong and what contributed to Dziekanski’s death.

“We are not going to wait for the results of the Canadian investigation,” said Szulczynski.

Poland filed a diplomatic protest with Canada after Dziekanski’s death, demanding Warsaw receive “full and transparent results of the (Canadian) investigation.”

ADDRESS AT THE RALLY IN MEMORY OF ROBERT DZIEKANSKI
Vancouver, November 24, 2007

We have gathered here today in Vancouver to commemorate the tragic death of Robert Dziekanski that took place on October 14, 2007 at the Vancouver International Airport. We are here to embrace with love and support his mother Zofia Cisowski.

But we are also here, as Canadians…as a nation of immigrants…as a nation of peace-keepers…as nation that cares…and as individuals who wish to celebrate the life of Robert Dziekanski and insure that his life was not taken in vain.

We are here to try to give meaning to Roberts’s death by giving meaning to his continued life. Robert’s life was tragically taken away from us all, but it was taken away from us for a reason, and that is why we are all here today, to give meaning to Robert’s tragic, brutal, and unforgettable death.

• Robert died because his individual civil rights were trampled upon;
• Robert died because no one at airport came to his aid;
• Robert died because no one at Canadian Border Service Agency came to his aid;
• Robert died because no one at Citizenship and Immigration Canada came to his aid;
• And finally Robert died because the RCMP failed to uphold justice and failed to come to his aid.

In the end Robert died because the Canadian Social Justice System failed to come to his aid. And the Canadian Social Justice System failed to come to Roberts’s aid because it is broken and has been broken for some time now…only the people of Canada and the Government of Canada have failed to realize it …or even worse they have been complicit in its destruction.

Prime Minister Stephen Harper continues to take us down the United States’ President Bush path – towards a police state and totalitarian regime where you shoot first and ask questions later.

Well, let me tell you Mr. Harper this is not what most Canadians want…this is not what Vancouver wants….and it is definitely not what the friends of Robert want…

We want our governments and all the civil servants to be as good as the people they are supposed to serve.

In particular we want the RCMP and our police force to SERVE AND PROTECT – NOT to KILL, LIE and COVER-UP.

You can fire your tasers at us but we can fire back at you at the ballot box come next election.

We are taxpayers, we are citizens, and more importantly we are voters. You serve us – we do not serve you.

Canadians want good government that serve and respect the wishes of the people, not a police state that tasers and kills innocent people then lies about the circumstances surrounding the killing and tries desperately to cover it all up.

If it was not for the video tape filmed by Paul Prichard, we may have never known how brutally, how senselessly, and how unnecessarily Robert’s life was taken from him by the RCMP at Vancouver international Airport that dark day in October.

But now Canadians know the truth and now the world knows the truth and now the people have chosen to come together to demonstrate and protest in the name of Robert and in the name of preserving and protecting our Civil Rights. Civil Rights – which this Government is willing to allow our national police force to trample on.

Well, let me tell our so called government leaders out there that we are all sick and tired of it and we will not put up with it anymore ….the force and power of the people must and will be heard.

Today a new Canadian Civil Rights Movement has been born and BIG BROTHER, we the people will be watching you….there will be no more people like Robert killed on our watch.

And all those involved and responsible for Roberts’s death will be brought to justice… from the YVR Airport Authority… to the Canadian Border Service Agency …to Immigration Canada… to the RCMP… to the Prime Minister’s Office…we want justice and we want it now.

Our far-reaching objectives are to reinforce, protect, and maintain civil and human rights in Canada.

We are the people, we are the grassroots, we are the heart and soul of Canada and through the power of the internet, …the power of cell phones,… and the power of video cameras we will be watching out for all people…we will be initiating, organizing and responding to any violation of human and civil rights in Canada no matter where or how it happens.

Join us – and you will, as Robert Dziekanski wrote in a postcard sent to his dear mother Zofia… “Become good by doing good”.

Thank you and God bless you all

Zygmunt Riddle
CANADIAN CIVIL RIGHTS MOVEMENT     

March 05, 2009

 

 

 

 

 

 

 

 

The circumstances surrounding the tragic death of Robert Dziekanski at Vancouver airport, and especially RCMP and Airport authorities conduct were not addressed accordingly by the government or by NDP the opposition party.

The only response under strong public opinion was establishment of Braidwood Commission of Inquiry.

The Inquiry will cost tax-payers millions of dollars and history shows government inaction on previous Commission recommendations and public reports.

We are witnessing an unacceptable waste of thousands of dollars everyday of taxpayer’s money for lawyers defending an RCMP cover-up and reprehensible attempt to blame and discredit the victim. This is a stain and dishonor upon the system of law enforcement and justice.

On the other hand, Zofia Cisowski, the mother of the late Robert Dziekanski is unable to work and on a modest Canadian Disability Plan. The sordid conduct and unfairness of this is an affront to the values of Canadian society.

The administration of justice involving the Criminal Justice Branch decision to announce no charges against the officers has been eroded to unprecedented levels and jeopardizes liberty from police misconduct.

These actions should be taken immediately and there is no need to wait for final findings of Braidwood Commission of Inquiry.  Independent and publicly available evidence and testimony before the Inquiry has so far provided ample evidence of and confirms RCMP negligence and cover–up.

RCMP continued cover-up, requires immediate action of a new government in order to restore public confidence in the police authorities and the administration of justice in British Columbia which is appointment of an Independent Prosecutor to oversee the re-opening of investigation into the death of Robert Dziekanski to determine criminal charges.

Therefore we support the Canadian Civil Rights Movement Petition http://www.thepetitionsite.com/95/justice-for-mother-of-late-robert-dziekanski and encourage our members and supporters to sign it.

When elected, Green Party representatives will present a bill that would establish new BC Police Force to replace RCMP as well as creation of an independent civilian body to investigate and determine future complaints of police misconduct.

Vancouver, April 23, 2009

National Post editorial board: