OCTOBER 2008 2 Blue Line Magazine October 2008 Volume 20 Number 8

The Timmins Police Service and Ontario Provincial Police work together to police one of the largest munici- palities in Canada. Under a hybrid policing agreement, the two forces share resources and have a “tremendous air of co-operation.” See page 6.

6 Partnerships key to Timmins police 17 On the rails success 18 Politics, lobbying, advocacy & policing 8 Protecting Canada’s largest port 20 Surveillance 12 Juvenile Justice in Canada Choosing your clothing... and props 14 The absence of crime and disorder 22 Police robot a community effort 16 Youth culture and police 30 Continuing Education Directory

38 Advertisers Index 32 Investigative detention doesn’t require specific crime 38  Back of Book 33 Only detentions trigger s.10(b) 25 Deep Blue 23 Forensic Science 34 Vehicle passengers not necessarily detained 13, 21 Letters 37 Market Place 15 Medals and Awards 9 Media & Public Affairs 29 News Clips 35 Product News 5 Publisher’s Commentary 36 Representative Profile 28 Technology

Blue Lineine Magazine 3 OCTOBER 2008 OCTOBER 2008 4 Blue Line Magazine Time for government to pay the beagle by Morley Lymburner

Canadian policing is the best bargain the example or raising the bar a ties would only lose their police ser- taxpayer has ever had. No one outside of Dis- little? Cops were expected to vice because of gross incompetency; neyland works harder to please its customers. lead by example, but not live today 100 year old police services Cops are the pet beagles sitting at the side of the example in their housing are disbanded because the chief can’t society’s feet with their tongues hanging out or facilities. Much of this at- balance the cheque book. and ready for the call to go get ‘em. titude survives even today. Exhibit D – Middle management Policing is a 24/7 social service, with The lesson was, and is, that is streamlining (I call it gutting) in highly motivated and dedicated people at the police do not need more fund- an effort to further reduce police public’s beck and call – easily summoned by ing because cops will always budgets, resulting in the over- simply dialling those three magic numbers. soldier on, making do with burdening of senior man- Unfortunately, cops will not let poor laws or what they are given. agement, less supervision management, lack of policy or under funding Exhibit B – Despite of field officers and more stand in the way of getting the job done. They 9/11, police services have prisoner deaths in one of- will do more with less and, when the boss asks not been given additional ficer custody situations. again, do even more with even less. resources. Stats Canada Exhibit E – Local po- This month we elect new federal repre- reports officer strength in- lice stations are closed or sentatives who undoubtedly will be filled with creased steadily until the early amalgamated and replaced new enthusiasm – and, I fear, the same old 1970s, peaking in 1975 at by new “super stations,” attitudes toward policing. 206 officers per 100,000 resulting in even less people. That rate dropped to supervision and dwin- Evidence 195 officers per 100,000 in dling personnel. This Exhibit A – Blue Line offered each party 2007, down five per cent from means travelling longer space to state their positions on Canadian the peak. This is completely contrary distances to calls, higher policing in early September; the silence was to the political rhetoric heard from politicians collision risk, slower response times, areas left deafening. and explosively risky post 9/11. uncovered at potentially critical times and (the The statistics have been full of good news Politicians make broad statements about least considered point) higher officer stress. for politicians. Crime is down and interest in crime and putting more cops on the streets, We will be giving our newly elected politi- other issues way up. Going green and the car- but do nothing substantial. The only thing that cians a hand basket; they will soon ask where bon tax proposal captures the headlines. Police changes is the increased resolve of police to dig we are going, and no one wants to tell them. If and crime concerns are far down the political deeper, give more and try harder. Police man- they accept the status quo, they will also have to agenda. With such eager and motivated cops, agers have surrendered to the bean counters, accept the blame when the inevitable happens. why should the politicians care? spending their days searching for places to cut Cops at all levels should stop being the Andrew Maksymchuk’s new book, From spending and humbly accepting less and less. long suffering fall guys for poor management; muskeg to murder, chronicles his early days Exhibit C – Unlike fire or ambulance perhaps those beagles should consider becom- policing remote areas of Northern Ontario, liv- services, police costing competitions have ing a little less eager. ing and working in a harsh environment under become accepted policy in many municipali- poor, even crude, conditions. An insensitive ties. Even though all police budgets should be and remote headquarters told officers very reviewed by the provincial solicitor general, plainly that they should be ready to live the agencies are forced to compete for contracts. same life style as the communities they serve. The lowest bidder wins, sowing discord be- Whatever happened to showing people a better tween services. In times long past, communi-

Blue Line Magazine 5 OCTOBER 2008 Partnerships key to Timmins Police success by Des Walsh city’s boundaries. The OPP operates from a many restrictions on service delivery to a new, detachment in the city. modern, 38,999 square feet headquarters dur- Guided by public trust and the principles Timmins was founded by Noah Timmins ing the summer of 2007. Centrally located in of the Canadian Charter of Rights and Free- in 1912 after the discovery of the Hollinger the city core, it allows personnel to perform doms, the Timmins Police Service (TPS), in Gold Mine. Within a year, the new town had their duties in a bright, modern and open partnership with the community, commits to already grown larger than the original min- environment. the continuous pursuit of excellence in the ing camps. Gold was the catalyst for area All divisions, including a state of the art delivery of policing services. development; base metals such as silver, zinc, forensic identification lab, major case inves- Such is the mission of the TPS, a mod- copper and nickel were discovered during tigation facilities, gym, training classroom ern, progressive and forward-thinking police the early 1960s, breathing new life into the and regional emergency dispatch centre, agency established in 1912. Located in area economy. Mining remains the dominant operate out of the new building. Through a picturesque Northeastern Ontario and home industry in the area. unique partnership with the Ontario Ministry to 45,000 people, Timmins encompasses Timmin’s economy is now booming of Health, communications staff also dispatch the former Town of Timmins, Schumacher, thanks to high base-metal and gold prices police, fire and ambulance emergency calls for Porcupine, South Porcupine and Connaught. and thriving secondary industries, including a broad area of Northeastern Ontario. Sixteen Each community had its own police force until forestry, tourism, recreation, health care, edu- full-time dispatchers handle more than 50,000 amalgamation in 1973. cation, commercial and industrial commerce, calls for service on an annual basis. TPS Chief Richard Laperriere, a 30-year culture and telecommunications. Laperriere emphasizes the importance of veteran, heads 84 sworn officers and more The community has undergone a moder- partnerships with community service agen- than 35 civilians. A full service agency with ate boom in gold mining, with several new cies, citizens and governments to achieve an annual operating budget of more than $11.5 underground operations opening. A large scale excellence. million, the TPS patrols all urban areas within open pit project is underway, diamonds have “Establishing partnerships is the key to the city, where the majority of the population been discovered and there are other promising providing emergency services, ensuring a safe resides. At 2,961.52 square kilometres (1,143 ventures on the horizon. Timmins is evolv- community and to meet the needs of victims of sq mi), Timmins is one of the largest munici- ing into a centre of regional governmental, crime in today’s environment of ‘doing more palities in Canada. transportation, industrial, commercial and with less,’” he states. “In our community we A hybrid policing agreement and tremen- recreational centre for much of Northeastern have forged those partnerships with agencies dous air of co-operation and resource-sharing Ontario and the James Bay coast line. who work in conjunction with our organization with the Ontario Provincial Police establishes The TPS prides itself on sustainability, and complement our responsibilities.” protection for all outlying areas within the moving from a cramped facility that placed The headquarters also houses other agen-

OCTOBER 2008 6 Blue Line Magazine cies, including the Victim Crisis Assistance service and encourage community involve- ing the Timmins Police Community Facility. and Referral Service, DARE, Crime Stop- ment in preventing crime. Laperriere adopted Laperriere and his predecessors worked long pers, Accident Support Services and the local a new mission statement (which begins this and hard to realize this goal, which came to civilian community policing board; ‘one-stop article) when he assumed office in 2004 and fruition last year. Chiefs and senior officers shopping’ for those needing emergency and he and his administrative team unveiled a new, from across the province attended the official support services. bold direction for the organization. opening. The project was completed on time The TPS is a self-sustaining organization “Our police service must take the lead and on budget at a cost of $12 million. and includes: in establishing those partnerships that will A set of supporting values was established • Community patrol permit us to fulfill our mission. I envision our along with the new TPS mission statement, • Traffic division, including collision investi- organization as one that does not work for including one that empowers all members of gation experts our community, but with our community,” the service. • Canine unit Laperriere says. “We value our police service members • Fully-equipped and trained emergency “Such is the intent of our mission – we are as our most important resource,” it reads. response team guided by public trust and the fundamentals “We encourage the contributions of all in a • Criminal investigation division, including of the Charter – but we can only fulfill that climate of openness, trust and mutual respect.” trained major case investigators mission through the engagement of our citi- The administration team strives to include all • Professional standards branch zens, governments, support agencies and the members in decision-making processes, from • Training and recruitment branch community as a whole. instituting procedures and policies to design- • Modern forensic identification unit “Every one of us has a role to play in order ing patrol cars. • Regional emergency communications to ensure a safe and secure Timmins.” Timmins is one of Canada’s most dynamic centre The service has undergone major reorga- municipalities, with an enviable reputation, but • Full-time, dedicated community-oriented nization and restructuring under Laperriere’s Laperriere and the service and board members foot patrol unit serving both business and leadership, striving to fulfill its goals and have not grown complacent about the future. residential areas improve its image. The policing environment has been and con- • Off-road vehicle and motorized snow vehicle The Timmins Police Pipes and Drums, tinues to change at a rapid pace. patrol formed in 2000 and made up of police officers Demographic, economic, criminal, urban • Auxiliary police unit and community volunteers, are proud musical and technological changes and a wide variety • Full-time special constables and court secu- ambassadors for the service and city. It became of pressures all combine to create complex rity division the first Northern Ontario police band to per- challenges for policing. The TPS has a 30 vehicle fleet, including form at a march past ceremony at the Ontario “To fulfil our mission, we will continue to marked and unmarked cruisers, a motorcycle, Police College in November, 2007 and has build upon the partnerships that we have estab- off-road vehicles and motorized snow vehicles travelled throughout Ontario and the US to lished and forge ahead to create new ones in – essential for patrolling recreational areas and participate in parades and ceremonies. the pursuit of excellence,” states Laperriere. trails that lie within the patrol jurisdiction. A Other image initiatives include establish- “Our mission is a work in progress. At the full-time fleet manager maintains equipment. ing a professional standards branch to instil end of the day, I’m confident that the motto Per capita cost for the service in 2006 public confidence in officers, creating a new of the Timmins Police Service – ‘Pride and was $224.00 – below the provincial average web site, forming a fully equipped and trained integrity since 1912’ – will endure well into of $240.00; the clearance rate for criminal auxiliary unit – currently staffed with seven the future.” code offences was 45 per cent, well above the volunteer officers – and beginning a full-time, national rate of 36 per cent. community-oriented foot patrol unit. The two Des Walsh is the Deputy Chief of the Timmins Police Service. During recent years, the TPS has em- officers walk the beat year-round – even during He may be contacted at [email protected] . Visit barked upon an aggressive program to enhance the city’s bitterly cold winters. www.police.timmins.ca for more on the Timmins Police Service or www.city.timmins.on.ca to learn more about Timmins. its image and promote partnerships to enhance The most notable achievement is open-

Blue Line Magazine 7 OCTOBER 2008 Protecting Canada’s largest port by Barb Bluschke The Vancouver Fraser Port Authority (VFPA), Coquitlam all have properties bounded by the General an amalgamation of the Vancouver, Fraser and water and policed by other agencies. • Calls for service North Fraser ports, is now the controlling port Out of necessity, inter-agency co-operation • Search and rescue authority on Canada’s south west coast. has become standard operating procedure. The • Investigations Vancouver is geographically bounded by marine unit developed the port protection model to • Marine and shore patrols waterways; Burrard Inlet and English Bay to the provide a framework for policing the marine envi- False Creek anchoring restrictions north and the Fraser River to the south. There are ronment in and around Canada’s largest port. • Permit enforcement 25 major marine terminals located in Burrard Interaction (sharing of resources), training • Towing Inlet, three major railways and two cruise ship and exchange of information is required to op- • Removal terminals. The Fraser’s north arm is a major route timize the capabilities of all available agencies. Cruise ship facilities for transporting raw logs harvested along the BC The model is simply an attempt to formalize and • Foot patrols of shore facilities and vessel coast. The Vancouver Police Department and quantify this inter-agency co-operation. perimeters its marine unit are responsible for city property; The model is based on four existing areas • Security breach investigations because the city’s north and south boundaries are of policing and attempts to provide a framework 4. Training waterways, the department has had an operational from which to build a more comprehensive and • Inter-agency training sessions marine unit since 1911. formalized mandate for water-borne policing. It • Tactical water fighting The unit currently has 16 full-time officers consists of: • Surface-borne recovery (SBRT) and two boats; a 33 ft custom built craft, the RG 1. Community policing initiatives • Tactical vessel operation McBeath, and a 5.9m zodiac inflatable. In reality, • “Lock it or Lose It” campaign • Water-borne ballistic training (WBBT) it is the only full-time, water-borne policing agency • “Marina Operators Association” • Armed boarding based on the Mainland. The RCMP Marine Unit • Power squadron lectures • Water-borne search techniques is headquartered in Nanaimo on Vancouver Is- • Marine stakeholder involvement/liaison • Man overboard and body recoveries land. The RCMP-WJFO (Waterfront Joint Forces • High visibility patrols and vessel safety checks VPD members are sworn provincial peace Operation), is based in Vancouver but is only an 2. Anti-terrorism officers so, through necessity, have to rely on their intelligence-driven, non-uniform presence. • Multi-agency operability (communication) federal counterparts to enforce some laws on the The VPD is also the department of jurisdic- • Knowledge of port and facilities water (DFO for fisheries violations, TC for navi- tion for the south shore of the Port of Vancouver, • Identification of risks gation and commercial vessel enforcement, CBSA from English Bay to the Second Narrows Bridge. • Regular defensive searches (high visibility for customs/immigration violations, etc). The large size of the area makes having a constant measures) The VPD can provide reciprocity to other police presence on the water a challenge. • Intelligence gathering agencies that lack the local marine knowledge There are also multiple municipalities that 3. Marine duties and resources but have water-based mandates. occupy the varied geographical areas along the Upholding the rule of law CBSA marine, for example, relies on the depart- coastline, so the unit is regularly called to adjacent • Criminal Code ment to transport its agents to search the hulls of municipalities. For example, in Burrard Inlet • Canada Shipping Act ocean going vessels arriving at the port and to alone, the cities of Burnaby, North Vancouver, • Provincial statutes search ships. District of North Vancouver, Port Moody and • Vancouver bylaws The VPD does not have a dive team and so calls on the RCMP and coast guard dive teams for recovery and rescue situations. Complete interagency co-operation is difficult to achieve. Having a workable relationship with every agency – enabling an appropriate, professional response to any incident – is the ultimate goal. The ultimate goal of the port protection model is to ensure the safety of both recreational and industrial users. The VPD Marine Unit will continue to develop an integrated, well trained and prepared work force on the water, using the model as the framework for the future.

Contact [email protected] or call 604 717-2791 for more on the VPD Marine Unit. Cst Barb Bluschke is an 18 year VPD member and the marine unit’s first female captain. She developed the port protection model and champions open communication and co-operation between all mariners. E-mail her at [email protected] for more information.

OCTOBER 2008 8 Blue Line Magazine Staying by Mark Giles on message

of the law – when it suits their objectives, but Loosely applying quickly move to other more loosely applied investigative and tactics when it doesn’t, or when the desired outcome seems to be in jeopardy. These witch communication rules hunts – usually looking for ‘scapegoats” – of- ten come to an abrupt halt when the evidence destroys credibility points back at management, in an unwanted direction, or nowhere at all. After recently ordering the release of a The result is usually negative overall, dozen jailed goats charged with being sold including a lowered credibility among internal ment is thinking that more priorities mean a illegally by the roadside and due to appear in audiences and later, as stories leak out, with greater chance of operational success. Un- court, the Democratic Republic of Congo’s external audiences as well. Most worrisome is fortunately, the opposite is usually true – the deputy minister of justice said the police offi- that this lowered credibility ultimately means more the efforts of front-line and investigative cers involved were being sent for retraining. a lower level of support when an organization officers are diluted, the greater likelihood that Retraining might be a good start, as obvi- needs it most – during difficult times. each initiative will fail and the more challenges ously something was missing in this case, but Broad and loose application of the rules in will be faced in communicating them. But the problem is likely a larger one. The officers internal investigations sends a message that an rather than admitting they can’t be everything apparently didn’t get the concept that the law organization is looking for something – any- to everyone, they continue with the mantra, not doesn’t apply to animals and, even if it did, thing – to justify its probe. The result is often willing to acknowledge the inverse relation- these goats would be considered victims, not a perception of an unfocused, undisciplined ship between quantity and quality. suspects. But it’s also possible these “arrests” organization. This relationship is as real as the law of were part of a larger, broader objective – one gravity, but not a reality that many are willing aimed at an individual or group. Lack of focus to admit – especially those unwilling to say “no” This case is as comical as it is extreme, but This lack of focus is also evident with to higher management or specific community far from the only example where the law or organizations that set priorities so broad they groups. Like the old-schoolers who cast their internal policy appears to have been applied in can’t possibly be achieved. Perhaps manage- investigative net far and wide in an effort to broad fashion. Some police or military officers – often “old-school” types – still don’t seem to realize that they can’t make up the rules as they go along, pre-determining a loose objective or message to be sent, and then managing the case to achieve the desired outcome. Maybe the problem in the DR Congo was training or perhaps the officers had a pre-set agenda – bending the rules to achieve it, and ap- plying the spirit, rather than the letter of the law. A recent internal administrative investigation here in Canada appears to have done something similar, writing a loose application of the rules right into the assigned objective, and tasking the investigator with looking into whether the spirit of the organization’s policy was violated.

Void for vagueness The officer-in-charge may have realized that the rules weren’t actually broken, but rather than admitting what could be seen internally as defeat, chose to cast an extremely wide net – even after a prominent defence lawyer and former prosecu- tor noted that using such broad spirit-of-the-law type language is legally considered “void for vagueness”, allowing a case to be unfocused and drawing in irrelevant information. It reminded me of my early days on the street, when wearing forage caps outside the patrol car was mandatory. Some internal investigations that cleared officers of initial misconduct allegations later resulted in “nega- tive paper” after it was found they were not wearing their forage cap at the time. What amuses me the most in these situ- ations is how these old-schoolers seem to be the first to use the rule book – and the letter

Blue Line Magazine 9 OCTOBER 2008 achieve a pre-determined objective, their broad some broad and loose objective. agendas lead to a lack of focus – with a high While trying to be everything to everyone likelihood of becoming “void for vagueness”. may work initially, it often results in a lack of fo- These broad agendas tend to confuse internal cus and finding a few “goats” in jail. By limiting audiences, as well as the media and public. Not the scope of its activities and narrowing priorities Gananoque Police Service an- wanting to specify key priorities, these orga- to those linked to understandable and respected nounced the appointment of Kai nizations fail to communicate clear, succinct objectives, an organization can generate and Liu as their new chief of police messages, and fail to connect with employees maintain public and internal support – the very last August after the sudden and the communities they serve. support needed in maintaining the credibility of passing of the former Chief Bob Whether it’s investigating internal incidents law enforcement and other organizations. Parrish. Liu was formerly an Inpsector with the Ottawa Police or communicating an organization’s priorities, Service before taking up his duties August 1st cutting a wide swath is bound to generate poor The opinions expressed in this article are those of the in Gananoque. Liu spent a total of 22 years with results. Police officers and other personnel want author. Mark Giles is Blue Line’s correspondent for media the Ottawa Police and has received numerous to know what their employer stands for, what is and public relations, and military and international issues. awards and recongition for his community expected and the vision for the future. They also He is also a senior communications analyst at the Privy outreach efforts. Council Office in Ottawa with responsibility for several •••• need to be reassured that the rules and messages law enforcement and regulatory agencies. Contact him The Peterborough Lakefield are consistent – not continually changing at the at: [email protected] Police Service announced the whim of a management group out to justify promotion of Murray Rodd to the position of Chief of Police. Rodd is a 25 year member of the police service and assumes the position held by retiring Chief Terry McLaren. Rodd has worked in every aspect of the police service and attained the rank of Inpsector before accepting the top job last summer. Rodd has received considerable recognition for his efforts within the police service and the community at large with a strong focus on youth. •••• Doug Kane, formerly a super- intendent with the Niagara Re- gional Police, assumed the role of Chief of the Niagara Parks Police October 1st. He first served as a parks police officer in 1975, when he worked as a seasonal constable. He joined the Niagara Regional Police in 1977 and spent the next 31 years with the service in various capacities. Most recently, he was superintendent in charge of emergency and investigative services. Born and raised in Niagara Falls, Kane replaces retiring chief Tim Berndt. •••• In a surprising statement made to the CBC former RCMP Com- missioner Giuliano Zaccardelli stated the RCMP should stop using conducted energy devices (CED). In his remarks he advised the national broadcaster he has re- considered his position toward the devices. “I’ve come more and more to the conclusion that I’m not sure that having Tasers is worth the negative impact that it has on police forces in terms of public perception... I think we should stop using it.” More than 2800 CED divices are currently in use by the RCMP. Zaccardelli has taken up a position with Interpol in Lyon, France. •••• Michael Watson, formerly from the Director of the Ontario Se- curities Commission, has been appointed a special adivsor to the RCMP’s Integrated Market Enforcement Team (IMET). He assumed his new position on September 15th. One of Watson’s main goals is to provide the IMET enhanced legal tools with which to conduct capital markets investiga- tions. Watson is a lawyer previously working in Alberta, Manitoba, BC and Ontario. •••• Revenue Minister Gordon O’Connor an- nounced a new excise duty stamp aimed at discouraging illegal tobacco sales. The new stamp is said to be a key element in government efforts to eliminate contraband. The stamp will contain several security features, much like those found on currency. The agency has also increased audits of tobacco manufacturers and monitoring of tobacco growers.

OCTOBER 2008 10 Blue Line Magazine Bruce Power team wins top award by Morley Lymburner Bruce Power’s Nuclear Re- sponse Team competes internation- ally against the world’s best tactical teams to measure its progress and ensure the validity of its training methods. This year, it took top prize at the 2008 U.S. National SWAT Championships. The tragedies of September 11, 2001 cast a long shadow across the globe, prompting worldwide changes in response to the threat of terrorism. In the days following the attacks on the World Trade Centre and the Pentagon, the Canadian • Barriers to stop vehicles from breaching pro- nuclear industry quickly adopted strict security tected areas of plants. measures to counter possible threats or dangers • The use of explosion detectors, X-ray screen- presented to nuclear generating plants. ing and metal detectors for personnel and As reported in the October, 2006 edition of vehicle searches. Blue Line Magazine, enhanced security became a The company has set the goal of being the new way of life at Bruce Power and while many best in the world at everything it does. details remain classified for obvious reasons, some The Bruce Power team first competed interna- of the security measures include: tionally in 2005. Its victory marked the first time • Immediate, on-site armed response, 24 hours a a Canadian tactical team had won top honours in day, seven days a week. international SWAT competition. • Enhanced security screening of employees Its response teams regularly conduct security ex- and contractors, including background, ercises and drills under the supervision of federal au- police and security checks. thorities and work hard to ensure they remain among • Improved physical identification checks of plant the world’s best. Clearly they have set the standard staff, such as card access and palm scanners. for Canadian Nuclear power plant security.

Blue Line Magazine 11 OCTOBER 2008 The Young Offenders Act of 1984 - Bringing the Act in Line

In early 1981, Bill C-61, the Young Of- about the overuse of incarceration as a method fenders Act, was introduced in Parliament. for dealing with troubled youths. A further The Bill, unlike the 1908 Juvenile Delinquents criticism was that the principles enumerated in Act, which received less than one hour’s the Young Offenders Act lacked any indication discussion in the House of Commons, was of priority or order of importance. the subject of extensive study and debate in In July 1995, the House of Commons Parliament. More than 40 interest groups made Standing Committee on Justice and Legal representations to the parliamentary subcom- Affairs initiated a broad review of the Young mittee studying the Bill. Although critical of Offenders Act. In order to properly assess the particular aspects of the Bill, these groups situation, a wide range of groups were con- generally supported it. sulted, including criminal justice profession- The philosophical direction of the pro- als, children’s services organizations, victims, posed legislation, in sharp contrast to the failed parents, young offenders, educators, advocacy 1970 Young Offenders Act, was hardly debated groups and social-policy analysts. In its report at all. The legal rights orientation of the Bill time, it attempted to make young people more entitled Renewing Youth Justice, the federal went virtually unchallenged; what was really accountable for their actions. The legislation committee formulated in April 1997 14 sug- at issue in this regard was not the rights in ended the paternalistic handling of delinquents gestions for change, such as providing youth themselves but nuances of their implications. by providing young people the same basic rights courts the jurisdiction to deal with 10 and 11 The two dominant political parties of the time and freedoms before the law as those enjoyed year-olds in certain circumstances, to allow (the Liberal Party and the Conservative Party) by adults, such as the right to legal counsel and judges the discretion to permit publication seemed to agree on the fundamental direction the right to appeal a conviction. It also set out a of young offenders’ names, and replacing the of juvenile justice reform, while a third party new range of penalties that included the options Act’s declaration of principles with a state- (the New Democratic Party) criticized certain of financial restitution or compensatory work for ment of purpose and an enunciation of guiding aspects of the Bill but remained relatively quiet the victim. One of the more significant changes, principles for its implementation. in its criticism of the legislation’s philosophi- in keeping with the Act’s benevolent approach, On 12 May 1998, the federal government cal direction. was the provision raising the minimum age released its response to the 1997 Renewing In 1982, the federal government enacted for prosecution to 12 years and setting a new, Youth Justice report in a document entitled the Canadian Charter of Rights and Freedoms, Canada-wide maximum age of 17. The uniform A Strategy for the Renewal of Youth Justice. which has become a fundamental part of the maximum age provision of the Act came into This document addressed each of the recom- country’s Constitution. The Charter protects, force on 1 April 1985. mendations made by the 1997 report and among other things, legal rights such as the The Act initially stipulated that detention outlined how the government intended to re- right to life, liberty and security of the person. could not exceed two years, except where the form juvenile justice. The strategy focused on The integration in the Constitution of the Char- crime would ordinarily incur a life sentence, three areas: youth crime prevention, providing ter of Rights and Freedoms provided a strong in which case the maximum period of commit- young people with meaningful consequences impetus to federal reform efforts. Many of the ment could not exceed three years. Although for their actions, and the rehabilitation and provisions of the Juvenile Delinquents Act the Act permits transfer to adult court in certain reintegration of young offenders. appeared to ignore the legal rights guaranteed situations, its intent was that most cases be in the Charter. Further, the provincial dispari- tried in youth court. There have been a number The Youth Criminal Justice Act 2003 ties invited challenge under section 15 of the of amendments to the Act since it came into On 11 March 1999, the government intro- Charter, which guarantees equality rights. force. For example, there were amendments to duced Bill C-68, the first version of the Youth Thus, in 1982, with the support of all politi- the transfer process, amendments increasing Criminal Justice Act. The bill was reintroduced cal parties, the Young Offenders Act received the penalty for first-degree murder to 10 years, in October 1999 as Bill C-3. An election call in parliamentary approval. The Young Offenders and amendments increasing the penalty for late 2000 prevented Parliament from passing the Act came into force on 2 April 1984, replacing second-degree murder to 7 years. Bill. Consequently, the federal government rein- the 1908 Juvenile Delinquents Act. Despite the considerable amount of criti- troduced before Parliament on 5 February 2001 The Young Offenders Act of 1984 was cism it has received, the Young Offenders Act Bill C-7, the Youth Criminal Justice Act. designed to remedy many of the shortcomings was clearly an improvement over the Juvenile Bill C-7 contained over 160 amendments in the treatment of juvenile delinquents; in Delinquents Act since it represented a balance in response to suggestions and concerns particular, it addressed the issue of offenders’ of the due process rights of young people, the raised in relation to Bill C-3. The Bill was rights. The Act continued to make a distinction protection of society and the special needs adopted and received Royal Assent on 19 between youth and adult crime, and to provide of young offenders. While many Canadians February 2002. Following the time allotted to for a substantially different and much more be- thought the Act was too lenient on young of- the provinces to prepare for its implementa- nign approach to dealing with youth. At the same fenders, children’s advocates were concerned tion, the Youth Criminal Justice Act came into

OCTOBER 2008 12 Blue Line Magazine force on 1 April 2003, replacing the Young to be used in sentencing, custody and supervi- Offenders Act. sion, and extra judicial measures. The Youth Criminal Justice Act strives to As a part of Canada’s A Strategy for the remedy the perceived problems of the Young Renewal of Youth Justice, the Youth Criminal Taser Madness Offenders Act by, among other things, using Justice Act seeks to provide the legislative the formal justice system more selectively, direction needed to achieve a more effective I just read your recent article in Blue Line reducing the over reliance on incarceration and fairer youth justice regime. Along with re: “Taser Madness”. It was as dead-on as and increasing reintegration of young people its non-legislative elements such as federal anyone could have written on this issue. Your into the community following custody. The funding for programs, crime prevention and common sense combined with to-the-point Youth Criminal Justice Act contains a Dec- education, the Youth Criminal Justice Act expertise, in my opinion, answers all of the laration of Principle applicable to the entire should contribute to the improvement of the pertinent questions on tasers, use of force and Act, which reflects Canada’s new policy re- youth justice system. police decision making as well as quelling the specting young persons. The Act further aims rhetoric that is out there. I have been harping these points locally, albeit not as articulately to achieve its objectives by stating principles 1. The historical overview that follows is based on a paper that are specific to certain provisions of the as you and John, including suppression of prepared for the International Co-operation Group by discussion around a code of conduct that was Act. For example, there is a substantial differ- historian Owen Carrigan. more based on public outcry than the type of ence between the Youth Criminal Justice Act 2. Ivy Pinchbeck and Margaret Hewitt, Children in English Society, volume 2, page 352. More generally, this two- wisdom you include in the article. and the Young Offenders Act on the issue of volume history provides a particularly well researched P.R.(Randy) Wilson youth sentencing. The Young Offenders Act account of the evolution of the attitude to children in Vancouver, BC principally relied upon its general Declara- England. tion of Principle to guide all provisions of 3. André Lachance, “Women and crime in Canada in the early eighteenth century, 1712-1759”, in R. C. Macleod ••• that Act, including sentencing. The Youth (editor), Lawful Authority, pages 9-21, at page 15. I could not help wanting to drop you a line to Criminal Justice Act explicitly states the 4. An Act respecting Industrial Schools, Statutes of the express my appreciation for your recent article, purpose, principles and factors to be con- Province of Ontario, 1874, chapter 29. “Taser Madness” printed in the August/September sidered when youth courts sentence young 5. An Act respecting Arrest, Trial and Imprisonment of issue of Blue Line magazine. This article is frankly Youthful Offenders, Statutes of Canada, 1894, volume persons. In addition to creating a number of 1, chapter 58. the best articulated and most succinct summary new sentencing options, the Youth Criminal 6. An Act to amend the Act respecting Procedure in Crimi- of the misunderstandings/issues around taser use Justice Act replaced transfers to adult court nal Cases and other matters relating to Criminal Law, that I have read. If one of the problems that we with a system of adult sentencing. Though all Statutes of Canada, 1875, volume 1, chapter 43. face in the whole taser debate is educating the 7. An Act for establishing a Juvenile Reformatory, Statutes public then in an ideal world this article would be trials will take place in a youth court under of British Columbia, 1889–1890, chapter 21. the Youth Criminal Justice Act, for certain 8. The Criminal Code, 1892, Statutes of Canada, 1892, prominently printed in every major media publica- offences and in certain circumstances a youth volumes 1 and 2, chapter 29. tion in the country. may receive an adult sentence. The Youth 9. The Juvenile Delinquents Act, Statutes of Canada, Al Green 1908, chapter 40. Criminal Justice Act also outlines in separate Cambridge, ON sections the purposes, principles and factors

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Blue line MagazinE 13 OCTOBER 2008 A test of police efficiency

The absence of crime & disorder by Art Hanger different when it handcuffs police before they can Thanks to sound police investigation and act on a hunch and carry out an investigation. If a judge who looked to the greater good of the I find it curious that certain criminal law- Harrison was innocent, he would quickly have community, convicted drug trafficker Harrison yers search out judicial comments which imply forgotten that he was pulled over. would now be absent from the community. Just police are reckless, uncontrolled lawbreakers I’m not intimately familiar with the case imagine the damage his 77 pounds of cocaine who would march the country into a China-like (nor, I suspect, is Greenspan), but I expect that would have caused in our communities – wasted totalitarian state if left to their own devices. Harrison – apart from having a suspended li- and damaged lives because of addiction and a In a February Sun Media column head- cense – was behaving suspiciously. I have been vicious cycle of violence, drugs and crime. lined Police efficiency isn’t everything,promi - in many circumstances where a suspect’s be- I served the residents of Calgary as a nent lawyer Edward Greenspan wrote about an haviour made it plainly obvious that they were police officer for some 22 years. Like tens of Ontario drug arrest. A patrol officer noticed a guilty of something more than what I originally thousands before me and since, I swore an oath car with no front license plate – an offence in a thought. Perhaps it was their speech, the way to uphold the law of the land, then went about province which issues two plates – and pulled they avoided direct eye contact or something as our time honoured profession with integrity. it over. This even though he noted before stop- simple as the way they were standing. Our 1971 code of ethics included this: ping it that the car was from Alberta, which We’ve all experienced this, so why pre- • As a law enforcement officer, my fundamental only issues rear plates, and knew it was legal to vent police from investigating suspicious duty is to serve mankind; to safeguard lives drive an Alberta-registered car in Ontario. behaviour? We should not prevent them from and property; to protect the innocent against The officer had obviously honed his in- doing their job! deception, the weak against oppression or in- vestigative instincts over the years and noticed The downside of searching an innocent timidation and the peaceful against violence some little thing about the driver and vehicle person’s vehicle in a case like this is the po- or disorder; and to respect the constitutional that warranted the stop, in his judgment – and tential loss of a few minutes of driving time. I rights of all men to liberty, equality and he was dead right! recognize that the government’s right to search justice (first paragraph). Greenspan goes on to recount how the of- must be stringently limited in many circum- • I will never act officiously or permit personal ficer questioned the driver, Bradley Harrison, stances. We can’t search homes on a hunch feelings, prejudices, animosities or friend- despite having no legal right to do so, learned and common-law principles prevent such ships to influence my decisions, with no com- that his license had been suspended, arrested action, but really – after spotting something promise for crime and with relentless pros- him and found 77 pounds of cocaine when he apparently suspicious on a roadside, then con- ecution of criminals, I will enforce the law searched the car. firming that a driver is unlicensed, is it really courteously and appropriately without fear The trial judge found the officer’s actions unreasonable for an officer to want to search or favour, malice or ill will, never employing a flagrant, brazen violation of Harrison’s a car? Clearly not in Harrison’s case. unnecessary force or violence and never ac- rights under the Charter, but still admitted the Ottawa-bound lobbyists such as criminal- cepting gratuities (third paragraph). cocaine into evidence. He was convicted and rights advocacy groups and some criminal-bar Sure, there was the occasional bad apple sentenced to five years in prison. One more representatives frequently seek to curtail police or over zealous hot-head who failed to live drug-pusher off the streets. authority and encumber investigations with a up to the high standards expected of a police I understand as much as the next guy that we burdensome process which often overshadows officer, but these characters were dealt with – can’t have a legal system which allows police the truth. The result of this testimony, over not protected. or other government agents to stop and search time, has spawned legislation which muddied This code says it all. It reflects police ac- people willy-nilly – our fundamental democratic the waters of enforcement. countability to the public and police responsi- freedoms demand otherwise – but let’s not be “The test of police efficiency is the absence bility to enforce the law without favour. silly. It’s one thing to establish a system that pre- of crime and disorder, not the visible evidence of vents the government from unnecessarily hand- police action in dealing with it,” is the last of Sir Art Hanger is the Member of Parliament for Calgary North- east and chairs the House of Commons Justice Committee. cuffing criminal suspects; it’s something entirely Robert Peel’s nine basic policing principles.

OCTOBER 2008 14 Blue Line Magazine ONTARIO MEDAL FOR POLICE BRAVERY

ORIGINS: The On- The medal may be awarded posthumously. tario Medal for Police INSIGNIA: The design is that of a cross Bravery was established in – a traditional symbol of valour – and incor- 1975 to recognize police porates a crown, a circle of maple leaves and officers in Ontario whose a trillium. The medal is gold-plated sterling actions exemplify bravery silver with blue and white enamel detailing. and courage above and SUSPENDER: A straight bar suspender beyond the call of duty. attached to the medal by a ring. CRITERIA: Nomi- RIBBON: A blue ribbon with two yellow nations can be made by stripes similar in appearance to the ribbon of members of Ontario po- the RCMP long-service medal. lice services or by Ontario residents, but must OTHER: The Ontario Medal for Police be endorsed by the nominee’s police chief or Bravery is unique in that it makes no distinc- by the Commissioner of the Ontario Provincial tion between the actions taken by an on-duty Police. While incidents must have occurred officer, or an off-duty officer who performs within 24 months of the date of submission, an heroic act. Both the police medal and its nominations can be reviewed beyond 24 companion, the Ontario Medal for Firefighter months under special circumstances. Medal Bravery are both presented by the Lieutenant recipients are selected by an independent ad- Governor of Ontario in a special ceremony visory council whose members are appointed held annually at Queen’s Park. by the Premier of Ontario and represent the NOMINATIONS: For more information, general public, police services and the Ontario contact local Chiefs of Police, the OPP or Civilian Commission on Police Services. A the Ministry of Citizenship and Immigration similar process is in place to select recipients website at www.citizenship.gov.on.ca/english/ of the Ontario Medal for Firefighter Bravery. honours/police.

Blue Line Magazine 15 OCTOBER 2008 This year’s winner of the Blue Line Magazine Essay Contest for community college students in police foundations/law/justice/security programs is Matt Richardson. Matt is in the Police Foundations Program at Niagara College in Ontario.

Youth Culture & Police by Matt Richardson a huge affect on youth, as they often idolize and ten offenders reoffend after their initial release.2 emulate people they see in the media. The more youths we have in our justice system Policing in Canada is a complex and often Youths see these artists as role models. Obvi- weakens society. That statement probably seems controversial aspect of our society. The relation- ously, not all rap music promotes these views, obvious, but once youths are admitted to the ship between police and the youth of our society but the majority of songs promote these ideas. I corrections system they are introduced to the has become an alarming issue in recent years. appreciate and admire the artist’s ability to articu- criminal stigma and their likelihood of reoffend- The often negative attitude towards police among late their thoughts into music, but the messages ing multiplies. adolescents in Canada is perpetuated by the they are promoting is having an adverse affect The aforementioned negative views the negative media police have received in music, on Canadian youths. youths of today absorb through popular media cinema, and television. This negative attitude This negative view often transcends to a only perpetuates this unfortunate reality facing towards police and the criminal justice system hatred or disregard of police officers. Countless Canadian society. often translates to an increase in youth related songs recall numerous injustices at the hands of Despite the alarming negative publicity criminal activity. police ranging from brutality, corruption, and policing receives in youth culture, there is some The amount of young offenders in our miscarriages of justice. In many cases, musicians hope for change. As the baby-boomer genera- justice system and the recidivism rates of those have suggested fighting the police to retaliate. tion of officers retire, a wave of young recruits individuals is a testament to the issue. A major Music is not the only form of media that con- (hopefully myself) is beginning to enter policing. effort must be made to curb this trend and allevi- veys this negative message. Many videogames Perhaps some of the tension between police and ate this added stress to society or else we shall promote violence and negative views towards youths stems from the age gap between the of- see a large proportion of youths maturing into policing. The most notable videogame franchise ficer and the youngster. career criminals. would be the Grand Theft Auto game series. Any The age gap between these young recruits This negative view towards law enforcement video game that allows the user to get “points” and the youths of society is decreasing dramati- from Canadian youth, perpetuated by popular for shooting and killing police and prostitutes is cally, and it is with great expectation that these media, is contributing to criminal activity across probably not the greatest influence an adolescent new recruits shall understand the issues facing the country and is turning into an epidemic in should have. the youths of Canadian society. At the same time, our major centres. Finally, television and cinema often perpetu- the youths shall feel a closer connection to the Popular media of today has radically ate a negative view towards police. The majority much younger officers and perhaps gain a greater changed from what the adult population of of movies and television shows highlight police in respect for law enforcement in the process. Canada experienced decades ago. All forms of a negative way from corruption within the force, A more concentrated effort in the education media ranging from print, television, radio, and racial profiling, and police brutality. With all of this system on crime prevention would be beneficial the internet is readily available to most people negative press towards policing it is to no surprise as well, so that children from a younger age are in our society and information can be spread at that the crime rate among youths is so high. aware of the dangers associated with criminal astonishing rates. The youth crime rate in Canada is relatively activity. This information age is extremely beneficial high. More and more youths are turning to illegal Finally, a greater responsibility on the to our society from the healthcare system to our activity (especially in our urban centres) based on parents should be addressed, as parents should education system. However, with this boom in their upbringing, current social situation, and the be monitoring the media their children are information comes the transmission of negative negative views they absorb from the media. viewing. views and ideas to the impressionable youths Statistics Canada reports that, “In 2004- As a college student I see firsthand some of of our society. 2005, there were about 31,700 young persons the youths who have been conditioned to despise The most obvious form of media that (aged 12 to 17 years of age) admitted to cor- the police. It is with great hope that change shall projects these negative views would be the music rectional services. Of those, 15,900 (50%) were occur, however with the constant evolution of industry. Rap music is probably the most notable admitted to custody…”1 This large proportion media the chance for change is uncertain. of genres that project and promote questionable of youths not only is alarming but is a financial views in their lyrics. strain on the justice system to detain these indi- 1 Donna Calverly, “Youth Custody and Community I cannot recall a rap song that has not fo- viduals and provide rehabilitation. Services in Canada, 2004/2005.” Statistics Canada. Catalogue no. 85-002-XIE, vol 27, no. 2, 2005. cussed on objectifying women, fighting, drug With this large body of offenders comes a 2 Chris Champion, “The Violent Remain Violent.” Alberta use, and shooting people in recent years. This has recidivism rate in Canada of 10%, having one in Report, Newsmagazine. Vol. 23, issue 35, 1996.

OCTOBER 2008 16 Blue line MagazinE On the rails Andrew Maksymchuk was a member of the Ontario Provincial Police since 1964 and was posted to northwestern Ontario - a location he grew to love and enjoy. Although this book “From Muskeg to Murder” is a personal digest of his experiences most cops will identify with Maks sense of enthusiasm and adventure. I found this book to be enlightening and the author’s entertaining writing style will keep you engaged throughout the entire book. With Mak’s permission we will be inserting exerpts over the next three issues of Blue Line Magazine. -- ­Morley Lymburner

by Andrew first glimpse of the “community” of Wade - by Along with Joseph’s brother, Peter, they had Maksymchuk not blinking as we passed by! Our ride ended at imbibed in the outcome of that potent mixture. a tiny railway building on the shore of a lake. A Gaiety, discussions, bragging, arguments and The challenges of finding transportation sign boldly displayed “Malachi” on the front of physical violence followed, ending with a severe sometimes resulted in unforeseen modes of travel a small railroad building. beating for Peter Smith. and dangerous prisoner escorts. Early in June, When my driver started to give me advice I located and checked the victim. After we received a phone call from the proprietor of and instructions, I realized he intended to aban- confirming he did not require hospitalization, the Malachi General State, some twenty miles don me and return to Minaki. I obtained statements from all available wit- west along the railroad track, reporting a serious “The only train that actually stops here is a nesses. Joseph was still drunk when I arrested altercation between the Smith brothers. The store way freight once a week. So, whenever you’re him for assault and helped him into the waiting owner wanted an officer to intervene. done here and you want to get picked up by motorboat. As we neared the railway station, According to the storekeeper, the dirt road any of the ones that don’t stop, just stand by the I was very relieved to see the section worker into Malachi was still impassable. My choices tracks, face the oncoming engine, stretch your standing patiently by his yellow steed. I gave the were to await the next train, or find a railway arms in from of you, palms up, and make a mo- boat operator four dollars for his services, and section gang member willing to take me there on tion up and down with both arms. The train won’t guided my unstable prisoner toward the mini a “speeder,” a small motorized conveyance used stop, but it’ll slow down enough for you to grab boxcar. With Joseph aboard, we pushed off for to transport railway workers along the tracks. the side handrail and swing onto the step,” he a very crowded ride back. I hurried over and explained my predicament said, demonstrating the pick-up motion for me. Still having to keep a sharp lookout for on- to the rail workers. The gang boss agreed to take I protested that I wasn’t about to wait around coming or overtaking trains, we strained to peer me the sixteen mile distance. The gang promptly for a week for a train to stop. We discussed my around corners and glance behind. As we passed hoisted their motorized velocipede onto the main predicament and he finally agreed to wait for a a steep gully I noticed my uncuffed charge star- rails. Not familiar with the workings of these short time before returning to his section gang. ing at me. I surmised what his liquored-up brain railway carts, I hopped aboard. How embar- I hurried over to the nearby General Store to was thinking. Policy didn’t permit handcuffing rassing! While I sat in the open scooter like a meet with the owner, collect as many details as a prisoner to a moving vehicle, so I did the next ‘prima donna,’ my accommodating benefactor possible regarding the occurrence, and get direc- best thing. Removing my handcuffs, I secured began to push the speeder, running alongside tions to the Smith residence. Mrs. Simpson was his right hand to my left. in the rocks and debris, gaining enough speed very helpful, but imagine my anxiety when she “If I go, you go,” was all that was needed to create a compression jumpstart. When the told me that the Smiths lived on the other side to be said. motor sputtered into action, he expertly swung of the lake! With her help I managed to secure aboard and thrust the throttle forward to gain his a boat and operator and I skimmed across the If you would like to obtain a copy of Andrew cruising speed. What may have been a normal water to the opposite shore. Maksymchuk’s From Muskeg to Murder go to pace to him for our little yellow square box on Joseph Smith and his common-law wife had www.blueline.ca and check out the Blue Line Library. wheels was to me a breakneck pace. brewed up a mixture of beans, yeast and sugar. As we sped westward, he frequentIy glanced from a clipboard to his wristwatch, then leaned far over the side of the cart when curves and rock cuts impaired his view ahead. When a left-hand curve came into view, he asked me to do the same. “What am I looking for?” I asked. “Oncoming train,” he said matter-of-factly. I thought he was kidding, but his face told me differently. “Don’t you know the train schedules?” I asked incredulously. “Yeah, but they get changed throughout the day and we aren’t always close enough to a station to get the latest reports. According to my schedule, one should be coming along soon, so we’ll have to pull off at the next side slip.” A cut of speed announced he had spotted the slip. It was merely a widening in the shoulder with two logs for rails. We glided up to our exit and manhandled the speeder off the tracks. In less than a minute, an eastbound freight thundered by. Tugging and twisting our little iron carriage, we were soon back on the main line, clacking along toward our goal. This time I helped to get it started and I leaned out over the side at every left-handed turn without being told. About half way to our destination, I got my

Blue Line Magazine 17 OCTOBER 2008 Politics, lobbying, advocacy & policing by Jim Chu the status quo – no matter how unproductive The impact on major problems is increased and flawed. While I agree and champion that with public advocacy efforts, as articulated in a Sir Robert Peel’s policing principles and the “rule of law” must be the paramount ba- recently published book, Forces for good: The Metropolitan Police Service’s founding com- sis of our actions – it is the responsibility of six practices of high-impact non-profits. missioners Rowan and Mayne did not contem- elected officials to enact the laws – I do not Yes, “advocacy” can be viewed as another plate a police role in shaping crime legislation accept the thinking that we must accept these word for political activism and lobbying – and associated public policy. laws with silent acquiescence. terms which are pejorative to some, but that Rowan and Mayne seemed to discourage Our independence puts municipal police does not mean that these efforts by police are the police from speaking out, writing that they in a unique position, unlike other government inappropriate in a democracy. should “seek and preserve public favour, not by agencies subject to ministerial responsibility. All agree that the general public is en- pandering to public opinion, but by constantly In essence, the police bring a neutral and inde- titled to have a voice. Consistent with Peel’s demonstrating absolutely impartial service to pendent voice to the table. Though accountable principle that “the police are the public and law, in complete independence of policy and through legislation and civilian oversight, they the public are the police,” we have an obliga- without regard to the justice or injustice of the can and should, do and advocate for the “right tion to speak up. Police are “members of the substance of individual laws.” thing,” as long as it is moral, ethical and legal. public who are paid to give full-time atten- Rather than emphasize simple enforce- However, we can not be blind to the political tion to duties which are incumbent on every ment, like Peel and his colleagues, police ramifications of engaging in advocacy. citizen in the interests of community welfare administrators today challenge frontline of- There will always exist a tension between the and existence.” As such, police should speak ficers to problem-solve. They are taught that need for police independence and the appropriate as members of the community on behalf of arrest and charges are not the only recourse to and democratic need for civilian oversight of po- those who cannot. deal with problems. The SARA model (scan, lice activities. In other words, our independence Two examples of how police can help analyze, respond and assess) is used to sys- and public standing provide us with a power that make the community safer by advocating for tematically approach and remedy community we must use wisely and cautiously if we choose change: problems or concerns. Therein lies the modern to become advocates for changes in law and • The large number of grossly intoxicated policing dilemma. To problem-solve certain policies. That’s especially true when “shining a alcoholics passing out on Vancouver streets macro issues, the best “response” can neces- light” on situations that could potentially cause after drinking rice alcohol – an ingredient sitate a change in laws, regulations, policies, political embarrassment. legitimately used in oriental cooking – was spending priorities or even judicial practices. Over the past few years, the Vancouver Po- a serious problem in the late 1990s. The Some feel police should not be political, lice Department (VPD) has demonstrated the coroner estimated rice alcohol caused 100 must operate within existing laws and accept benefits of “advocating” as well as “serving.” deaths a year. Our reports – video coverage released directly to the media – combined with advocacy along with other community partners lead to new provincial regulations. Rice alcohol is now only sold in certain areas of Vancouver, in government liquor stores. • We conducted a project in 2005 which “shone the light” on predatory landlords bilking marginalized tenants of their rent money. Undercover police officers pretended to be mentally challenged and/or addicted and thus were ripe for victimization. The docu- mented evidence of these abuses, including powerful video footage, led to improve- ments in monitoring living standards and new cheque distribution methods verifying that rent money was used properly. In many respects, the VPD investigation embarrassed

OCTOBER 2008 18 Blue Line Magazine authorities into improving their processes, police officers into de facto mental health care sworn and civilian Vancouver Police members resulting in a decrease in exploitation of the workers. Many mentally ill are drawn to our and volunteers. Their experiences, insights poor for housing. downtown core (skid row) because of cheap and opinions provide us with an important In the past year, with the support of our accommodation and access to services. They perspective that needs to be heard so that police board, the VPD has also “shone the are often the victims of predatory drug deal- good legislation, funding allocations and light” on the following issues: ers, abusive pimps and landlords who take policy decisions are made. advantage of their vulnerabilities. I would further argue that police and Offenders fleeing prosecution We released a report on this situation – community leaders are remiss if we allow our For decades, criminals have avoided pros- Lost in transition: How a lack of capacity in unique frontline observations to go unheard. ecution for serious crimes by simply fleeing the the mental health system is failing Vancouver’s If we don’t contribute our knowledge to the jurisdiction where they were charged. In a typical mentally ill and draining police resources. The discussions, the resulting law and policy day, the VPD encounters an average of 48 non re- VPD was recently presented with the Richard decisions may be less effective. The VPD is turnable warrants and the criminals openly flout Dolman award by the B.C. Schizophrenic So- not the only agency taking on some level of the fact that their warrants cannot be enforced. ciety for excellence in police service. community advocacy. We have returned 17 to jurisdictions this year Calgary chief Rick Hanson has been vo- alone from Alberta to Nova Scotia using new Chronic offenders cal about the lenient attitudes towards bail legal research into s.503 of the Criminal Code. Our report Assessing sentencing across being granted – especially for violent offend- To date, not one offender has returned. criminal careers: An examination of VPD’s ers. Ottawa chief Vern White has championed We have written the justice and public chronic offenders, has shown that some chron- funding for addiction treatment for youth. safety ministers and will continue to spread ic offenders have accumulated an extremely The CACP Law Amendments Committee the message that criminals cannot evade ar- high level of criminal convictions. This level has called upon the federal government to rest warrants on serious charges by fleeing surpasses that of anywhere else in the world. improve many areas, including the laws to Vancouver. The CACP is on record with A cohort of 379 offenders was studied. One around luring minors and cyber crime. a resolution passed in 2006 calling upon the hundred have more than 54 criminal convic- In essence, I disagree with Rowan and federal justice and public safety ministers to tions, 40 have more than 77 and six have more Mayne and their principle that the police must “lead their provincial counterparts in develop- than 100. The report highlighted that at around serve “in complete independence of policy ing and funding an operational, practical and the 30th criminal conviction, the length of sen- and without regard to the justice or injustice cost effective national transportation system tences start to show a noticeable decline. of the substance of individual laws.” If we that will ensure those individuals who were ar- We proposed a “30 strikes and you are out” don’t speak up, the likelihood of injustices rested on inter-provincial warrants are brought policy. That is, sentences must focus on the increase, and that simply is not in the public before the justice system. totality of harm these individuals have inflicted interest. and public protection must take precedence in Mental illness sentencing decisions. Jim Chu is the Chief Constable of the Vancouver Police The deinstitutionalization of the mentally Informing our advocacy work are the Department. For further information, contact public affairs ill has created an appalling situation, turning frontline observations of more than 2,000 director Paul Patterson at 604 717-2897.

Blue Line Magazine 19 OCTOBER 2008 SuRVEILLANCE Choosing your clothing... and props by Hal Cunningham Part 2

If you are continually critiquing your performance, your clothing selections should be of primary concern. As with our previous articles regarding acting and studying people, you should look around and observe what the average man or woman is wearing during their daily routine. Your vehicle will allow you to carry enough changes to allow you to alter your appearance a dozen times in a day. The most common mistakes I’ve observed with the clothing worn by surveillance operatives are; too identifiable and improper night clothing. Most Major Crime Squads have an impressive collection of work, school and other clothing that has a distinct identity. University of To- ronto, Toronto Blue Jays, Transit Commission, or sports team designer apparel has a specific identity that makes it unique. The probability of being seen TWICE and therefore recognized by the target is increased along with your prob- ability of detection. This type of clothing is more for “stake out” situations where it blends into one location and it is accepted for a one light sources should be avoided. Leave your- the use of items to help you act out the part time use for a shorter period of time. self the opportunity to stand between two you’re playing is essential. As in any stressful I prefer plain clothing of neutral colours buildings, sit on someone’s porch or lay in situation, the large mass on the ends of our that will fit in almost anywhere and at any long grass without any part of your apparel wrists seem to get in the way. I’m a believer time of the day or night. Unfortunately that picking up the light. I recall during one late that you should always be carrying some sort “bland” look is what you are trying to achieve. Saturday night laying in tall grass with another of prop each and every time you are engaged Select and wear your own wardrobe for your agent watching our targets breaking into a mall in foot surveillance. personal use but for this specific surveillance during the weekend. They were casing it for a My preferred prop to use is the larger size mission select clothing that might normally major safe job. The other agent and I were in manila envelope with the short blue diagonal not be your first choice for your closet. Re- dark clothing from head to foot until we real- stripes around the edges. That device has al- versible jackets always assisted me with my ized he had on white running shoes. If he could lowed me entrance into homes, offices, restau- extended footwork. I’d wear one side, reverse bury his feet he would have since the targets rants, elevators and escorted me down many a it later, and then carry it over my arm. I felt walked right over to our location and only by street. It was that small piece of equipment that like I had a fresh shower and split into three luck were we not detected. I would have been gave me the confidence to distract attention different persons within a half hour. I could extremely upset if we were detected and had to from myself and allow the target to assume also exchange jackets with another operative go to Con #34 (two guys laying in the bushes that I was carrying my mail home or making to continue on further. Jackets with an inside together) to get out of that tight spot. a delivery or pickup. A prop will allow me to pocket allow concealment of your portable Regarding clothing, ensure you wear go from point A to B, with the accompanying radio to permit you to cross your arms and your jacket while driving in the winter time body language, to ensure my act is thorough transmit from this location. to avoid your car looking like your office. and complete. There is an over use of blue jeans and Select the proper hats, glasses (not mirrored Other items that serve as useful props are; I feel the faded type are noticeable. Jeans type), props, and night clothing for the trunk a briefcase, gym bag, book, construction hat, do not blend in at all locations where a dark of your vehicle. work boots, motorcycle helmet, walking cane, brown, green, or black jeans might look more Proper selection of the surveillance ward- shopping bags, etc. The list is open to your acceptable. One member of the team should robe will give you confidence and peace of imagination and ingenuity. be wearing dress slacks and shirt and have a mind to assist you to blend in. Confidence from The use of a folding lawn chair and Fris- tie and jacket ready for those upscale locations frequent clothing changes will permit longer bee are excellent for that difficult eye from you may attend. foot surveillance with the target. Continue to the park. A collapsible bicycle in your trunk Shorts certainly are acceptable as long critique yourself and look into the mirror for allows you the opportunity to bicycle down as track pants or a change is readily avail- your wardrobe approval. the targets home street in a discreet manner. If able. One does not have to attain the stealth In my previous articles I discussed the used sparingly, a human prop will assist you “Ninja” look to go undetected during the importance of the surveillance operative to on your mission. When I have worked alone evening hours. be possessed with special attributes to pick a and required that up close and personal contact Light colours and those that pick up all part and act it out. For success in this mission near the target, I would solicit the services of a

OCTOBER 2008 20 Blue line MagazinE female citizen as an escort. A careful screening and approach of the right type can produce a temporary date to allow the opportunity to hear conversation in the bank or following in the Attitude shift mall. Set down the guidelines that the discus- Back around the early 80’s, I was a young police sion will not be about police work or following officer, working in Toronto. One morning I received a call to attend a school regarding an assault between someone. Do not advise her who the target is, if two students. The school staff had attempted to possible. Casual conversations are encouraged handle this problem on their own, without police and have her hold your arm so you can lead her intervention. However, one of the student’s parents in your desired direction. Human props are also (both mother and father) were at the school demand- used with the citizens you decide to walk beside ing that police attend. and sit near on a bench. You’re within their I arrived at the school and was met in the personal space for a short period but achieves hallway by a very angry vice principal (male) who blocked my way and actually had clenched fists as the look that you are one group. if he was going to attack me. Apparently he was The use of stock from a store gives that very upset that a uniformed officer was sent to shopping appearance and a full shopping cart deal with this. sends a message that you have been inside the I will never forget or forgive his next words store for a long period of time, even though to me; he said “We do not want uniformed Nazis, you just entered behind the target. patrolling the hallways of this school, upsetting the Carrying all of your luggage (camera case, students”. He also demanded that I leave and that they did not need my help. He demanded, my name brief case, gym bag...) into the airport will help and number and planned to lay an official complaint you fit in as just another traveler. against me. Be creative and props will assist with the So I left as directed to avoid further escalation act that you have chosen and improve your of the situation and informed my dispatcher that they appearance and confidence. Good luck and may require a plain clothes officer. I went back to my enjoy the experience. prior duties of radar patrol (which is a lot easier than dealing with an assault). Hal Cunningham is a surveillance consultant and trainer When that happened to me, I thought to myself, who teaches techniques to police officers and private in- this is the beginning of an escalation of violence in vestigators. After 30 years with the Toronto Police Service our school systems. Hopefully this new attitude shift he retired as a staff sergeant and was a member of the to have uniformed officers patrol schools can bring elite surveillance unit within the intelligence bureau. He back a safe environment for our children. has been declaired an expert in surveillance and coun- tersurveillance by the courts. Hal will be presenting the Toomas mals classroom portion of his three-day course at the Blue Line Toronto, ON training sessions in 2009. For further inquiries phone 613 398-1113 or email: [email protected]

Blue line MagazinE 21 OCTOBER 2008 Police robot a community effort

by Elvin Klassen

The new Brandon Police Service (BPS) robot is a real lo- cal, truly born and bred in Mani- toba’s second largest city. It was designed and built by Brandon high school students and paid for by the community. The idea began three years ago when the BPS began looking for a new robot that could get into areas deemed too dangerous for officers to enter. The old unit, which no longer performed effectively, was donated to the electronics depart- ment at Crocus Plains School. fication in electronics and are ready to go into Budget restrictions made it cost prohibi- related work areas. tive for the service to buy a new, commercially “Students that enter the work field are produced model so vocational departments at six months ahead of other new employees,” the 1,200 student school looked into building he notes. “An important premise behind vo- Davis took the control module during a one. It soon became a co-operative effort with cational skills is partnerships where students demonstration and moved the robot around involvement by many departments. learn relationships, understand commitment the classroom with ease, making sharp turns The first step was making a presentation to and know the employment pressures. We have around furniture. Built-in lights clearly illumi- the local Rotary Club to obtain funding. After amazing kids in our programs.” nate the path when the robot is in dark areas. A careful consideration, the club donated $1,500, Ogg is also director of World Skills, where video camera records the route it takes and the which the BPS matched. high schools and colleges send their best path is displayed on the LCD control module “We sat down in the electronics lab to- vocational students to compete against other screen and recorded for later scrutiny. gether with six or eight students and several vocational institutions. Crocus Plains electron- “I have taken it apart a couple of times and officers and talked about what a robot would ics students earned best in Canada honours for helped move the parts around,” says James look like that would be useful in the field,” the past two years. Mills, who has also done extensive work on recalls electronics teacher and project co- “Robotics is what makes the world go for the robot. “It was a good experience. I do have ordinator Lionel Ogg. me in relationship to teaching students and on career interests in robotics after graduation.” “Then drafting put together a basic plan and, which I can hang things,” says Ogg, who is also This year’s students will also have op- early in the planning, the welding department robotics chair for Manitoba Skills and workshop portunities to work on the project, notes Ogg. brought forward issues to the students. In the supervisor for World Skills mobile robotics. They want to make some modifications and discussions we asked power mechanics how we “By the time students have been in the explore the possibility of adding a mobile arm. could make a tank drive. The plan then went back electronics program for the third and fourth This would help the device self right itself to drafting with their mechanical opinions and years they are serious and they need something when it falls on its back and would allow it to then back to welding for more design features. to show their efforts. This is a great little hook. move items in unsafe areas. “The business department... provided a World Skills rotates annually throughout the “The project was a great partnership with business plan and made a video to assist in world with the next one being held in London community involvement through the Rotary making presentations for public relations and and then in 2009 in Calgary.” Club and local businesses,” says Atkinson. “A fundraising. During the final stages the auto- Endless streams of curious people have lot of people got excited about what was going body department became involved to provide dropped by the classroom to see the police on. The robot has been put together and taken the colour and attach the BPS logos.” robot project develop. A couple in their 80s apart throughout its life and now it is a func- Many local businesses also pitched in, show- walked in during a school open house, recalls tional platform that we can actually use. It has ing interest and providing supplies. The local Ogg, and said, “we have seen your project in also been a great experience for the students.” Toro dealer promised to find tracks and searched the news. We do not want to stay in your class Principal Barry Gooden is proud of the for six months before finding a supplier in Wash- but we are here to see the robot.” academic and vocational learning opportuni- ington state which hand built custom tracks. Interest in the project has been so great that ties his school offers students – academic and There were many contacts with combat one third of all ninth grade school applicants vocational courses ranging from infant care, robot teams to learn how to build something applied for electronics. Unfortunately staffing culinary arts and family and community to robust enough to withstand the intended appli- and space limitations only allow a few students environmental studies, building construction cations. BPS officers met frequently with the to enter the program. and commercial art and drafting. Most of the construction team and field tested during the “I have been working on the robot project courses allow students to graduate with their development stages, identifying modifications from the beginning and we have done a lot of first year field accreditation as first year certi- which would improve performance. trouble shooting,” says grade 12 student and fied apprentices. The electronics field is very broad, says project manager Anthony Davis. “It is amazing Contact Sgt. Doug Thompson at (204)729-2345 or Ogg, so students involved with the project’s how it has come along. It has been very helpful [email protected] for more information. various applications can receive A-plus certi- for me in making career choices.”

OCTOBER 2008 22 Blue Line Magazine Crime scene clean up by Brian Ward tion, disease and animal feces. Surprisingly, Tips for police animal feces can lead to human illnesses such Cadieux and Danby offer several tips to of- as Hantavirus from rodent feces and Histoplas- ficers responding to sudden death scenes where “The wonderful thing mosis, which is an infectious disease of the decomposition may be a problem, including: lungs caught from contact with bird feces. • Make sure the area is photographed. Cleaners about a mess is that it Contracted by family members or insurance will also photograph the scene. Badly stained can be cleaned up” companies, all three companies use a variety of items may be destroyed and Danby points chemicals and physical labour to clean areas. out the photos are often used by insurance Badly contaminated items that cannot be cleaned adjusters. Death and taxes are the only certainties are packaged in biohazard containers and taken • Don’t open any windows since this will in life and police officers handle death scenes away to medical waste disposal companies. introduce insects. Fly infestation usually many times during their careers. Once the Woronuik’s company has been contracted leads to an earlier onset of maggots that could investigation is done, we move on to other du- to clean up cruise ships where passengers potentially alter or destroy evidence. ties, leaving the survivours with the aftermath. became ill with the Norwalk virus. “I may • Introducing fresh air will not flush out the Compounding their lingering grief are the take 20 to 40 people onto a cruise ship when odour of decomposition. All operators point problems associated with clean up, especially it docks to end a cruise. It takes us just a day out this smell will only be erased through in cases where the death was violent or went and people don’t even know we’re there,” he proper cleaning procedures using appropriate undiscovered. said. “We clean the rooms where passengers chemicals. Survivours may assume police or other became ill, the infirmary and the common • Although the chain of custody at a crime scene emergency services clean up the scene, but areas shared by those who got sick.” will have been lost once police relinquish cus- this is not the case. Crime scene cleanup Cadieux and Woronuik regularly clean con- tody of the area, cleaners are trained to inform has become a growth industry across North taminated police vehicles, facilities and jails. police should they discover evidence of a America over the past decade, and was even Prisoners may be suffering from contagious crime missed during the initial investigation. profiled in the 2007 movie Cleaner starring diseases or smear their own body waste, requir- The companies will also work with Samuel L. Jackson. ing special cleaning to restore the areas. property owners to remove what Cadieux Three Canadian companies, Toronto-based Cleaning a residence or business that housed a terms “gross filth.” This could be years of ac- Crime and Trauma Scene Cleaners, Trauma clandestine drug laboratory is another of the chal- cumulated garbage from tenants, for example, Tech of Brantford, ON and Delta’s Trauma lenges facing cleanup companies. Hidden areas cooking odours or pet feces and urine. Scene Clean Up Ltd. are among the companies such as heating ducts, cold air returns and plumbing who assist survivours in coping with their loss. systems have to be sanitized, Woronuik said. Visit blueline.ca and click on BlueLinks to learn more. They operate in Ontario, Quebec, Saskatch- ewan, Alberta and British Columbia. Christian Cadieux is president of Crime and Trauma Scene Cleaners, which has operat- ed since 2001. After graduating from the MBA program at Montreal’s Concordia University, he began looking for a unique business and decided to focus on handling the clean up of contaminated and biohazardous premises. His clean up teams include former para- medics, police officers and funeral services workers. “I recognize that our services are usu- ally needed during unpleasant and often tragic circumstances,” he said. “This relieves family members or employees of the emotional and traumatic task of cleaning up.” Tim Danby, president of Trauma Tech, also seized on the idea of crime scene clean up as a business opportunity and has operated in the central Ontario region for the past two years. He was trained at the Centre for Disaster Recovery, which is based in Barrie. Surrey firefighter Brian Woronuik operates Trauma Scene Clean Up Ltd. full time as well. He began exploring the business possibilities in 1998, working with several US-based crime scene clean up companies. His teams are also made up of firefighters and police officers.

Proper waste procedures All these companies follow strict govern- ment guidelines in handling contaminated waste. Danby, a certified medical waste techni- cian, specializes in death scenes. Facing un- known biohazards at some homes, he and his team treats them all as worst case scenarios. Cadieux and his teams clean and remove waste from suicides, homicides, decomposi-

Blue Line Magazine 23 OCTOBER 2008 Dalhousie university Police Leadership Graduates Fall 2007 - Spring 2008 The Staff and Faculty of the Police Chisasihi Police Force, PQ Sgt. Barb Curwin A/Sgt. Russell Lucas RCMP, Ottawa, ON Leadership Program congratulates all Ottawa Police Service, ON Sgt. Julie A. Cyr graduates on their success! A/Det. Christine McIntyre OPP, Russell County, ON Peel Regional Police, ON Cst. Mark D’Cruz Administration Certificate Cst. Aaron White Municipal Police Cpl. Sean Curry RCMP, Rankin Inlet, NU Winnell Jackson RCMP, Moncton, NB Halifax Regional Police Service, NS Cst. Paul Dunn Service Delivery Certificate S/Sgt. Jocelyn Mimeault Calgary Police Service, AB S/Sgt. Murray Brown RCMP, Ottawa, ON Jerry Kunitzky Thunder Bay Police Service, ON Sgt. Bruce Mullen Rothesay Regional Police Force, NB Det. Doug Crippen RCMP, Moncton, NB Cpl. Ron MacLean Calgary Police Service, AB Cst. Samantha Nulle Summerside Police Service, PE Cst. Kirk Hughes Peel Regional Police Service, ON Sgt. Kevin Maloney RCMP, Portage La Prairie, MB S/Sgt. James A. Simmill Ottawa Police Service, ON Cst. Matthew MacGillivray RCMP, Surrey, BC Sgt. Don Moser Halifax Regional Police Service, NS Cpl. Dan Stewart Halifax Regional Police, NS Cst. Delton McDonald RCMP, Amherst, NS Sgt. Charles Anthony Williamson Cape Breton Regional Police Service, NS S/Sgt. John Van Dyke OPP, London, ON Sgt. Dan Seibel South Simcoe Police Service, ON RCMP, Richmond, BC Law and Justice Certificate Sgt. Robert Walsh Advanced Police Leadership Certificate Sgt. Craig Ambrose Cape Breton Regional Police Service, NS Sgt. Marion Morrison Waterloo Regional Police, ON Cst. David Warren Waterloo Regional Police Service, ON Jean A. Durrant Guelph Police Service, ON Insp. Lee Weare Halifax Regional Integrated Emergency Services Peel Regional Police Service, ON Cst. Darren R. Frisky Supervisory Skills Certificate RCMP, Ottawa, ON Cst. Robb Costello Sgt. David A. Jenkins Fredericton Police Force, NB This list is not exclusive. Some students could not be contacted and for reasons of privacy and security some McMaster University Security Services, ON Sgt. Lyne Couture did not wish to have their names included. Cst. Brian N. Langlois RCMP, Fredericton, NB

MacPhail Award Winner Announced This year’s winner of the Sgt. Bruce MacPhail Award for Academic Excel- lence in Dalhousie Univer- sity’s Police Leadership Program is South Simcoe Police Service S/Sgt John Van Dyke. Established in 2001 by Phyllis MacPhail in memory of her son, it com- memorates his dedication to life-long learning in law enforcement. MacPhail completed the Certificate in Police Leadership, Supervisory Skills in 2000 and was the program’s first certified police coach. Van Dyke began his policing career with the Bradford Police Force, a South Simcoe predecessor, in October 1989, and has worked in many areas, including courts, uniform patrol and the criminal investigation branch. Promoted to sergeant in 2001 and staff sergeant in 2006, he is currently a uniform branch platoon commander. Van Dyke is married to Janis and they have two children, Connor and Paige. He is actively involved in the greater community, serving on school and church boards, and with HANDS (Help- ing Another Nation Develop Schools) team in the Dominican Republic. His Dalhousie certificates include service deliv- ery, supervisory skills and administration and he also completed the Ontario Management Development Program at Georgian College in Barrie. Committed to life-long learning, Van Dyke believes his Dalhou- sie courses have been a major part of his profes- sional development and is planning to complete his Advanced Police Leadership Certificate.

OCTOBER 2008 24 Blue line MagazinE Celebrate ordinary heroes and follow their examples by Dorothy Cotton Philip Zimbardo, a psychologist best known one ever said heroism does not come with a cost, for his series of prison studies demonstrating how but heroes are the people who do what needs The reply to my innocent inquiry left me easy it is to get good people to do bad things, has to be done regardless of the potential personal speechless. I had ran into a former student who suggested that it is the very ordinariness of hero- cost involved. I hadn’t seen since the spring and casually asked ism that makes it special. In many cases when We could use more ordinary heroes. Where “and how was your summer?” it occurs, there are a number of people around were the heroes when Enron was going bad, “I spent most of the summer in the hospital,” who actually could have performed the heroic racist or sexist comments are made in the work- she replied. “I gave away my liver.” deed, but they hold back for some reason. In an place, people with disabilities or mental illnesses Huh? She what? ideal world, everyone would have what it takes are heckled or a family is suspected of being One of her friends needed a liver and she to be a hero – but how does a society cultivate abusive? It is the ordinary heroes who can save happened to be a match, so for no earthly that tendency? the day in these instances. good reason, she volunteered to have major Zimbardo would argue that part of the an- How can we inculcate the ability to be abdominal surgery – with all the misery that swer is in the development of what he calls “the heroic in our children and those we work with that entails – and donated a significant portion heroic imagination.” Rather than portraying he- in schools, sports, after school programs and, of her liver. She now has an award winning roes as unusual people with special gifts – unique especially, programs for at-risk youth? Make sure hockey stick shaped scar on her torso. and different from the norm – we would do well they hear the tales of heroes – not only the larger- We talked about the surgery, the weeks in to pay attention to their very ordinariness; the than-life variety who perform deeds far beyond hospital, the endless blood tests, injections, side “the banality of heroism,” as Zimbardo puts it. our daily experience and comprehension, but the effects – it didn’t sound like a day at the beach to When I look at a 6’8” Olympic swimmer every day heroes who do things like helping a me. I told her I was really impressed and that she with shoulders as wide as my office, I think, person in need – or giving away a liver. is a very exceptional person; she rolled her eyes “man, I could never be a swimmer,” but when We need a national “heroic imagination” and replied “As if! It’s not really such a big deal. I see an ordinary person like my student do movement. Let’s talk about and advertise the Anyone else would have done the same thing.” something like donate a body part, I think, “I every day, run of the mill heroes; the people who I should not have been surprised by her could do that.” make us think, “I could do that” – because if you response. Oddly enough, whenever you talk to When I see a young colleague with no se- think you can, you just might actually DO ‘that’ anyone who has engaged in behaviour that ap- niority stand up to management about something when the moment arrives. pears heroic to others, the ‘heroes’ tend to look a that is fundamentally wrong, I think, “I could do little sheepish, shake their heads and say “It wasn’t that.” Alas, most of us instead think, “That will Dr. Dorothy Cotton is Blue Line’s psychology columnist. such a big deal. Anyone would have done it.” get you nowhere” or “Geez, that must hurt.” No She can be reached at [email protected] Heroism is a funny thing – and we really don’t know much about it. Contrary to the im- age portrayed in myths and Saturday morning cartoons, most heroes tend to be pretty ordinary people. This particular student is bright, funny and quite creative – but not a crusader out to save the world or a person with any other particularly unusual attributes. Remember Arland Wiliams Jr? He was a middle aged bank inspector who made sure every- one else was rescued after a 1982 plane crash. He died in the process – and family and friends were hard pressed to paint him as a heroic person. He was really just a bald guy nicknamed Chub. What about the man who jumped down on the tracks in the New York City subway to rescue a guy who had fallen after a seizure? The soldier at the Abu Ghraib jail who spilled the beans about the abuses there? The architects who went back into the Twin Towers on 9/11 and died after getting about 70 people out? The ex- con who commandeered a bus in New Orleans and drove a load of poor people to Texas before the government relief efforts got organized after Hurricane Katrina? Some people make a habit of being heroic on an ongoing basis – people like Mother Theresa or Nelson Mandella. Some are driven by religious beliefs, while others work in fields where hero- ism is pretty much expected – like police officers – but the majority are just regular people. There is very little formal research into he- roic behaviour. The logistics are difficult. Many heroes die, and even if they don’t, most don’t have a lot to say about their behaviour. They cannot give a compelling reason for doing what they did, tending to say things like “Well, in the circumstances, there really was no choice.”

Blue Line Magazine 25 OCTOBER 2008 The Order of Merit of the Police Forces was created in October, 2000 to recognize conspicuous merit and excep- tional service by members and employ- ees of the Canadian police forces whose contributions extend beyond protection of the community. There are three levels of membership — Commander, Officer and Member — that reflect long-term, outstanding service in varying degrees of responsibility. Each level has corre- sponding post-nominal letters: C.O.M., O.O.M. and M.O.M. The following is a list of the 2008 recipients.

2008 Recipients Police Medal of Merit

Sgt. Major Randall Burt COMMANDERS D. Chief Kim W. Derry A. Comm. Joseph Seguin Royal Canadian Toronto Police Service, Royal Canadian Mounted Police Chief Jack Ewatski Toronto ON Mounted Police Regina SK Winnipeg Police Service, London ON Winnipeg MB Chief Derek C. Egan A. Comm. Raf Souccar Supt. Kenneth Cenzura. Saanich Police Dept., Royal Canadian Toronto Police Service, Comm. William Elliott Victoria, BC Mounted Police Toronto ON Royal Canadian Ottawa ON Mounted Police Ottawa ON A.Dir.Gen. Régis Falardeau Sûreté du Québec, D.Chief Clive L. Weighill Supt. Robert Chapman Montréal QC Regina Police Service Durham Regional Police Chief Edgar A. MacLeod Regina SK Whitby ON Cape Breton Regional P.S. Sydney NS Chief Murray Faulkner Director Serge Daoust London Police Service Repentigny Police London ON MEMBERS OFFICERS Repentigny QC

Sr. Dir. Eldon Amoroso A. Comm. Peter German Cpl. Stewart Angus Chief Bruce J. Davis London Police Service, Royal Canadian Royal Canadian South Simcoe Police London ON Mounted Police Mounted Police Surrey BC Thorsby, AB Innisfil ON

Chief Jack H. Beaton A. Comm. Darrell LaFosse Cpl Terrence Barter Calgary Police Service Royal Canadian Royal Canadian D.Chief Jane E. Dick Calgary AB Mounted Police Mounted Police Toronto Police Service Ottawa ON Nelson, BC Toronto ON

Chief William S. Blair Director Daniel Langlais Sgt. James Baskin, D.Chief Bradley Duncan Toronto Police Service, Québec City Police Royal Canadian London Police Service, Toronto ON Quebec City QC Mounted Police London ON Kitchener ON

A.Dir. Diane Bourdeau Supt.Gordon Schumacher Montreal Police Chief Spt. Ross Bingley A. Dir. General Denis Fiset Winnipeg Police Service Montréal, QC Ontario Provincial Police Sûreté du Québec, Winnipeg MB Orillia ON Montréal QC

OCTOBER 2008 26 Blue Line Magazine

awards night.pmd 2 9/11/2008, 12:28 PM D.Chief Keith Forde Chief Richard Laperriere S.Sgt. David F. McIntyre Sgt. Robert A. Ruiters Toronto Police Service, Timmins Police Service Royal Canadian Royal Canadian Toronto ON Timmons ON Mounted Police, Mounted Police London ON Regina SK

Cst. Robert Gagnon D.Chief Douglas A. LePard D.Chief Charles D. Mercier Chief Paul J. Shrive Sûreté du Québec, Vancouver Police Department Durham Regional Police Port Moody Police Department Rimouski QC Vancouver BC Whitby, ON Port Moody BC

Insp. John E.G. Grant Chief Glenn M. Lickers Sgt. Sharon Meredith S.Sgt. Francis R. Stevenson Royal Canadian Six Nations Police Service, Royal Canadian Royal Canadian Mounted Police Ohsweken ON Mounted Police Mounted Police Whitehorse YK Sherwood Park AB Saskatoon SK

Chief Supt. William Grodzinski Sgt. Douglas J. Lockhart Insp. Gervais Ouellet Cst. Pierre Thébault Ontario Provincial Police, Royal Canadian Sûreté du Québec, Sûreté du Québec Aurora ON Mounted Police Montréal QC Gatineau QC Fredericton NB

Sgt. Bradley Hampson Sgt. Gordon B. Magee C.Supt. Randall R. Parks Georges D. Thériault Ottawa Police Service Ontario Provincial Police Royal Canadian Royal Canadian Ottawa ON Peterborough ON Mounted Police Mounted Police, Fredericton NB Ottawa ON

Chief Supt Barry Harvie Chief Supt. Norman Mazerolle D.Chief Clayton Pecknold Chief Paul Russell Trivett Royal Canadian Royal Canadian Central Saanich Police Nishnawbe-Aski Police Mounted Police, Mounted Police, Saanichton BC Thunder Bay ON Whitehorse YK London ON

Insp. Shawn W. Hayes Chief Gerald W. McEwin D.Chief Robert A. Rich A.Chief David D. Wilson Ontario Provincial Police Stratford Police Service Vancouver Police Department Cape Breton Regional Police Thunder Bay ON Stratford ON Vancouver BC Sydney NS

S.Sgt. Kenneth J. Hykawy Chief Dale R. McFee Supt. Wayne Eric Rideout For further information about the Order of Edmonton Police Service Prince Albert Police Service, Royal Canadian Merit of the Police Forces go to Edmonton AB Prince Albert SK Mounted Police www.cacp.ca and search for “Awards Surrey BC of Merit”

Blue Line Magazine 27 OCTOBER 2008 awards night.pmd 3 9/11/2008, 12:30 PM Ensuring emergency services get dial tones by Tom Rataj all emergency services operations. When disaster strikes, especially on a large Public wired and scale such as the great North East blackout wireless systems gen- in August, 2003, emergency services are erally have emergency stretched to the limit and often beyond. power supplies to en- During and after these events, the Public sure they keep working, Switched Telephone Network (PSTN) and at least during short- wireless telephone systems often become over- term power outages. Many were upgraded bers receive priority access to dial outgoing loaded under the demand of civilians calling for after the blackout, so they should perform calls through their local exchanges. It does assistance or to make sure friends and family are better during similar outages in the future. not guarantee that the phone call will be suc- safe. I experienced this first-hand while work- Assuming that the PSTN and cell networks cessful, although Industry Canada is working ing the evening-shift during the great blackout. are still operating, a system known as Priority on developing a technology-based solution, I was unable to reach my family for several Access for Dialling (PAD) will improve the known as High Probability of Completion hours with my cell phone, likely because of all ability of emergency services to make calls. It (HPC), that will do this. the other callers who were probably trying to ensures they, and particularly their key person- The system has its roots in the 1960s, when do the same thing; we collectively overloaded nel, more or less always have a dial tone, regard- a manual process known as Line Load Control the local cellular network. less of how busy their local PSTN becomes. (LLC) was first developed on an informal While most emergency services have basis. It was designed to ensure access to the private radio and data communications PAD telephone system and protect it from overloads. systems, usually supported by emergency PAD is an Industry Canada emergency Some local telephone companies alternately power supplies, the PSTN and wireless phone telecommunications managed program that called it Essential Line Treatment (ELT) and/ systems are still a very important part of over- ensures previously enrolled telephone num- or Essential Services Protection (ESP). The Canadian Telecommunications Carriers Association and Industry Canada’s forebear, the Federal Department of Com- munications, agreed in 1978 to improve and develop a number of telecommunications measures that included LLC and its features. By the mid-1980s the LLC process began to undergo automation and eventually developed into the current PAD system. Industry Canada manages the PAD program in conjunction with provincial and territorial governments and regional or local telephone companies such as Bell Canada, SaskTel, Telus, etc. Industry Canada co- ordinates the collection of telephone number data and records keeping for the entire system through its Emergency Telecommunications Data System (ETDS). The PAD system is administratively di- vided into six areas: Ottawa, Ontario, Quebec, Atlantic Canada, Prairie and Northern Canada and the Pacific. Local administrators manage the collec- tion and input of information for all emergency services identified as needing priority access. Key personnel responsible for various roles defined by local emergency or disaster plans are identified and their business, home and cellular telephone numbers are obtained and entered into the system.

The data system The ETDS is the computer database sys- tem that controls and manages the collection of PAD data from individual administrators. Each has access only to the personnel within their area of responsibility. The secure internet-

OCTOBER 2008 28 Blue Line Magazine based website at https://urgent.ic.gc.ca is the It is an enhancement to basic cell service for Pub- portal for administrators around the country. lic Safety and Emergency Preparedness (PSEP) A username and password combination leadership personnel such as Federal, Provincial, controls access to the system. All the informa- Territorial and Municipal government officials Firearms regulations tion sent to and from it is confidential so it is that have high-level governmental continuity to take effect encrypted to ensure security. roles and responsibilities. Administrators can add, delete and update Some critical industry personnel are also by Lynn Doran PAD information – which consists of the tele- identified under the PSEP rules, but it is not The Public Agents Firearms Regulations will phone company, name, number and address of intended for all emergency services personnel. require police forces as well as all federal, provin- the individual and the organization associated to WPS functions in much the same way as cial and municipal government agencies to report the numbers – online. PAD, except that when a WPS identified phone firearms in their possession. These Regulations will The system will accept numbers from a attempts an outgoing call, it is prioritized and come into effect on October 31, 2008. Agencies variety of telephone systems including Plain Old given the next available service channel. It does will report their own firearms as well as “protected” Telephone Service (POTS) and some Private not guarantee a connection or interrupt calls firearms, such as those that have been found or Branch Exchanges (PBX). Voice, fax, cellular already in progress and, as with PADS, does not seized, to the Registrar of Firearms. and satellite telephone numbers requiring priority guarantee the successful completion of a call. All services for firearms reporting will be available access or restoration priority can also be input To access WPS on an enrolled cellular on the Internet. To help agencies meet their reporting into the database. While PAD does not yet work phone, the user must input *272 before entering obligations, the RCMP Canadian Firearms Program with all these types of systems, the telephone the number they are calling. has published detailed information on their website, numbers can still be added and identified as www.cfc-cafc.gc.ca. requiring priority access. As technologies and Private agreements This site also provides web access to agencies systems advance, it is anticipated that these other To avoid the costs associated with build- so they can obtain a Public Agency Identification Num- systems will also work with PAD. ing and maintaining their own voice and data ber (PAIN) which is necessary for firearms reporting. The ETDS supplies only the telephone infrastructure or to enhance their own systems, Although reporting does not begin until October 31, number information from the PAD program to some emergency services use voice and data 2008, it is recommended that agencies obtain their PAIN in advance. the local phone company, thereby adding another communications systems operated by cellular Those responsible for reporting need to be layer of security. Local companies receive tele- phone companies. able to describe firearms accurately. The best tool phone numbers electronically and automatically There are generally separate communica- to support this is the Firearms Reference Table input them into the computerized central office tions priority agreements in place with these (FRT). Free computer-based training for the FRT switch system to complete the process. business arrangements so emergency services is available at www.cpkn.ca/course_detail/fire- systems have priority and continue to function arms_identification_e.html. Wireless priority even during periods of extreme demand. If you have reviewed the website informa- Recognizing the increasing reliance on tion and still have questions, please email publi- cellular telephones, the new Wireless Priority [email protected] or call 1-800-731-4000, Service (WPS) was also recently established, but Tom Rataj is Blue Line’s Technology columnist and can extension 2064, for assistance. so far only Rogers Wireless has implemented it. be reached at [email protected]

Blue line MagazinE 29 OCTOBER 2008 Continuing Education Directory

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OCTOBER 2008 30 Blue Line Magazine Honoured chief of police passes

On August 27, 2008, the empowerment and healthy life- Nishnawbe-Aski Police Serv- styles made him a dynamic role ice Police Chief Paul Russell model for Native youth. Trivett passed away at the Chief Trivett has pre- Newmarket Hospital in New- viously received two OPP market Ontario after a coura- Commissioner’s Citations for geous battle with cancer. Lifesaving and an Award of Chief Paul Trivett joined Excellence from the Canadian the Nishnawbe-Aski Police Police Association for ice and Service in 2005 as the deputy water rescue. chief of police and later be- Chief of Police Paul Rus- came the chief of police for sell Trivett was awarded the the organization. Order of Merit of the Police He served as a constable Forces at an investiture at Ride- with Georgina Island Police au Hall by Her Excellency the from 1981 to 1986. He joined Right Honourable Michaëlle the OPP in 1986 to 2005 working in various Jean on Thursday, May 22, 2008. capacities and locations. The Order of Merit honours a career Highly respected in police circles Chief of exceptional service or distinctive merit Trivett received national recognition for displayed by the men and women of the Ca- his commitment to teach others about First nadian Police Services, and recognizes their Nations issues and cultures. He was the re- commitment to this country. The primary cipient of the Ontario Bicentennial Medal for focus is on exceptional merit, contributions to “Outstanding Volunteer Service to the Com- policing and community development. munity,” and the Ontario Amethyst Award for Chief Paul Trivett is survived by his wife, “Excellence in Public Service.” His passion Mavis and children Alicia, Kelsey and Brent. for the development of strategies for youth He was 53 years old.

Blue line MagazinE 31 OCTOBER 2008 Investigative detention doesn’t require specific crime

by Mike Novakowski police found – the cocaine and cash – was crime with absolute precision. excluded and Nesbeth was acquitted. “Given the (accused’s) behaviour in Police need not pin- The Crown successfully appealed to the relation to the knapsack and the desperation point a crime with absolute Ontario Court of Appeal. Justice Rosenberg, with which he fled the police, the police could precision when detaining writing the unanimous judgment, found police reasonably suspect that he was in possession a person for investigation did not breach Nesbeth’s Charter rights. of contraband: either drugs or weapons or purposes. both. They were therefore entitled to detain In R. v. Nesbeth, 2008 Detention him for investigation in accordance with Mann ONCA 579, six anti-violence intervention Rosenberg first recognized that police have (paras. 16-18). strategy police officers, dedicated to reducing a limited power of investigative detention to as- Thus, although police did not have grounds violence and increasing safety, went to an apart- sist them in carrying out their duties, and must to detain when they initially encountered Nes- ment complex plagued by drug use and sales, be able to respond quickly and effectively when beth and began chasing him, his subsequent robberies, guns and gang violence. The landlord faced with a rapidly evolving situation. actions provided the necessary grounds to had consented to them visiting to enforce On- “A police officer may briefly detain an do so – and even though none of the officers tario’s Trespass to Property Act. individual for investigative purposes ‘if there actually articulated their grounds for detaining They arrived around 11 pm and split into are reasonable grounds to suspect in all the Nesbeth, a court “is entitled to draw reasonable three teams; each walked up one of three stair- circumstances that the individual is connected inferences from the circumstances.” wells. One team immediately smelled freshly to a particular crime and that such a detention is Rosenberg found that the officers not only smoked marijuana and noticed the landing door necessary,’” said Rosenberg. “Such a detention objectively had reasonable grounds to detain open on the ninth floor. Nesbeth entered, seemed will not violate s.9.” Nesbeth, but that subjectively, it was apparent surprised when he saw the officers and immedi- In this case, the trial judge was correct in that they believed that they had grounds to de- ately began tightly clenching a knapsack. concluding police did not have grounds to detain tain by the time the chase ended, even though When one of the officers asked, “hey buddy, Nesbeth when they initially encountered him, but they never expressly articulated their subjective what are you doing?” he replied, “oh shit,” erred in finding they detained him by beginning a belief as to the grounds. turned around, opened the door and began to chase and telling him to stop. Police can detain Since Nesbeth wasn’t detained during the run away. The team chased him while repeatedly a person physically or psychologically. Psy- chase, his s.9 rights were not triggered. He was yelling “stop, police.” chological detention occurs when police direct detained once he was tackled, but police had by Nesbeth grabbed a shopping cart and tried or demand and a person voluntarily complies, then acquired the requisite grounds to do so. to knock it over in front of one of the pursu- resulting in the deprivation of their liberty. Here, ing officers, then ran down another stairwell, Nesbeth was neither physically nor psychologi- Search throwing down his knapsack as he fled. Officers cally detained when the chase began and never Rosenberg also ruled the trial judge erred retrieved it and tackled him on the seventh floor. submitted to authorities, Rosenberg said. in holding the seizure and opening of the They found 680 grams of cocaine, two digital (W)hile there was a demand: “Stop, police,” knapsack without a warrant was unreasonable scales and three cell phones in the knapsack the element of compliance with the demand was under s.8. Nesbeth did not have a reasonable and arrested Nesbeth for possessing cocaine for missing. Far from complying, the (accused) expectation of privacy in the knapsack at the the purpose of trafficking. They searched him made it abundantly clear that he had no intention time police seized and opened it. By throwing and found $1,720 in cash; he was charged with of being detained. While the police obviously it away, he abandoned any reasonable expecta- possessing cocaine for the purpose of traffick- intended to detain the (accused) after he began to tion of privacy in it and its contents. ing, possessing proceeds of crime and failing to flee… intention alone does not attract a finding of Far from having possession or control of comply with the terms of a recognizance. unconstitutionality, thus there was no detention the knapsack, the (accused) attempted to divest An Ontario Court of Justice judge con- at the start of the pursuit. himself of possession and control. He gave up cluded Nesbeth’s Charter rights were breached. In my view, the (accused) wasn’t detained the ability to regulate access to the property He found police were unable to provide an until he was tackled at the end of the chase. The when he threw it away. Finally, he offered articulable cause for their “attempt to detain validity of that detention had to be measured by no evidence of any subjective expectation of the accused” when they uttered the words the facts known to the police at that time. Those privacy; to the contrary, the trial judge ac- “stop, police,” expecting Nesbeth to comply. facts included the following: cepted that the (accused) intentionally threw The marijuana odour and Nesbeth appearing • The (accused) had immediately bolted when he the knapsack away, which suggests that he was startled, swearing and running in a high crime saw the uniformed officers; no longer interested in exercising any privacy area, while suspicious, did not constitute articu- • He used some force in an attempt to impede interest in the knapsack... lable cause to believe a crime had occurred or the officers’ progress by throwing a shopping By his conduct in intentionally throwing was occurring. cart in their way; away the knapsack, the (accused) had pre- Nesbeth was arbitrarily detained, contrary • He threw away a knapsack that he had been cluded himself from relying on the s.8 protec- to s.9 of the Charter, when police attempted to tightly holding up until then; tion (paras. 22-23). detain him based only on suspicion and hunch • It was late at night and the respondent was Since Nesbeth did not have a reasonable – there was no justification for the chase and in the stairwell of a building known to be a expectation of privacy, his s.8 rights were tackling him. Further, the trial judge also held high-crime area. not engaged so police did not violate them there were no grounds to arrest Nesbeth. Nor This constellation of factors was sufficient to by opening the bag and discovering the con- there were “extrinsic circumstances to warrant give the police officers reasonable grounds traband inside. Once the bag was opened and the opening of the knapsack” and the officers to suspect that the (accused) was involved drugs found, police had reasonable grounds to “knew they were not dealing with lost property in criminal conduct. These were not the ac- arrest Nesbeth and search him as an incident to or abandoned property in the classic sense that tions of a mere trespasser. While the court the arrest. Discovering the cash resulted in the someone puts something out curbside for the in Mann speaks of reasonable grounds to possession of proceeds of crime charge. garbage.” suspect that the individual is connected to “a The Crown’s appeal was allowed, Nes- The search was held to be an unreasonable particular crime,” in my view, it is not neces- beth’s acquittals set aside and a new trial search and seizure under s.8. All of the evidence sary that the officers be able to pinpoint the ordered.

OCTOBER 2008 32 Blue Line Magazine Only detentions trigger s.10(b) by Mike Novakowski and said he had been home all night. Before ter. Azzam had not been detained at the time, interviewing Azzam, detectives believed they the judge ruled, and therefore s.10(b) wasn’t There is no need to read a person their did not have reasonable and probable grounds triggered. He did not testify on his applica- Charter rights unless they are detained. to arrest him. They classified him as a person tion but the police did. Detectives said Azzam In R. v. Azzam, 2008 ONCA 467, the ac- of interest and would stop the interview, arrest was free to leave at any time and they did not cused’s step-mother was stabbed to death. him and give him his right to counsel if anything give demands or directions that would inhibit Her body was found beside her vehicle in a was said to provide reasonable grounds. his freedom. There was no evidence Azzam community centre parking lot. A woman who Azzam initially denied having seen his was “psychologically” detained in that he lived nearby saw a man run out of the lot and step-mother at the relevant time so a detec- acquiesced to a demand or direction. ride away on a bicycle. Her description was tive lied, telling him a witness had “picked Azzam appealed the s.10(b), among other generally consistent with Azzam’s age and him out” of a photo line-up to see if he would holdings, to the Ontario Court of Appeal. racial background. change his story. The witness had been shown Justice Glithero, writing the court’s opinion, Police watched the victim’s residence. a photo line-up with Azzam’s photo but did agreed with the trial judge: Azzam and his girlfriend were seen there, and not choose it. The detective also asked Azzam The fact that the physical description given he matched the witness’ general physical de- to provide a DNA sample, another standard by (the witness) only generally matched the scription. The investigating detective directed request in these types of cases. He agreed and (accused), the fact that she had subsequently other officers to watch him but not approach also consented to a search of the house. failed to pick his photograph out of a lineup unless he appeared to be leaving the area, in After about 45 minutes Azzam admit- and the alibi evidence given by (his girlfriend) which case he would advise Azzam that the ted he had been at the community centre on behalf of the (accused) strongly support the body was believed to be his step-mother. and talked to his step-mother, but left her trial judge’s finding that the police did not have Detectives found Azzam and his girl- alive. The interview was terminated, he was reasonable and probable grounds to charge or friend sitting on the front porch, told him the arrested, given his rights to counsel and arrest the (accused) prior to the interview. step-mother’s body had been discovered and arrangements were made for him to speak There was ample evidence upon which the asked for a video taped interview at the po- to counsel by telephone. He subsequently trial judge could conclude that the questioning lice station. Such an interview was standard admitted to killing the victim. was part of a general investigation, as opposed practice and designed to obtain background An Ontario Superior Court judge denied to police questioning for the purpose of obtain- information about the victim and her wherea- Azzam’s pre-trial application to exclude ing incriminating statements from a person the bouts in the days before she died. his first statement to police because they police had decided to be responsible for the Azzam’s girlfriend was interviewed first breached his rights under s.10(b) of the Char- crime (reference omitted, para. 28).

Blue Line Magazine 33 OCTOBER 2008 Vehicle passengers not necessarily detained by Mike Novakowski only target of the stop, which was to inves- is made solely for purposes of investigating tigate possible motor vehicle infractions. possible motor vehicle act infractions. Just because a person is a passenger in The officer had little interest, if any, in the Since there was no detention, Bradley’s a stopped vehicle does not mean they are passengers. They had nothing to do with the s.9 or 10 rights were not engaged. automatically detained for constitutional reason for the stop and he had no reason to Bradley appealed to the Nova Scotia purposes, Nova Scotia’s highest court suspect they had committed an offence. Court of Appeal, again arguing his s.9 and has ruled. The judge concluded police were not 10 rights were violated. He was detained In R. v. Bradley, 2008 NSCA 57, a police taking advantage of a traffic stop to question when asked for his name, he submitted, and officer followed a vehicle with a very low rear occupants in relation to other criminal activ- the detention was arbitrary (contrary to s.9). end, ran the plate and learned the registered ity. Rather, Bradley initiated contact with the Police also failed to advise him of his right to owner’s license was suspended. The officer officer, who never told him he must provide counsel (contrary to s.10(b)), so the evidence decided to stop the vehicle for two reasons: his name, could not leave the car or otherwise of his name and the CPIC information should (1) the low rear end suggested a possible control his movements. Bradley was con- be excluded under s.24(2). mechanical problem and (2) to check if the victed of breaching a recognizance. Justice Roscoe, authoring the unanimous suspended owner was driving. He pulled it His appeal to the Nova Scotia Supreme judgment, concluded the trial judge had not over, found four occupants and called another Court was unsuccessful. The appeal judge erred in his analysis in holding there was no officer for back up to watch the passengers ruled the stop was made to investigate traf- detention. He agreed that “it is not an absolute while he dealt with the driver. fic offences and the officer did not concern rule that every passenger in a motor vehicle is The driver, who wasn’t the registered himself with Bradley until he initiated the automatically detained as soon as the vehicle owner, gave the officer his license, insurance conversation in a hostile tone. That led to is pulled over by police.” Bradley wasn’t and registration; the owner, who was sitting the officer asking his name, primarily to run under any physical or psychological restraint beside him, also co-operated. The officer a CPIC status check and to assess officer as a form of detention and the officer gave explained that he stopped the vehicle to deter- safety (which, under the circumstances, was him no direction or demand. mine if it had a valid safety inspection and did accepted as a reasonable basis for asking Although police reasons for stopping a not further examine its mechanical state. Bradley his name). vehicle are generally more relevant to the Bradley, who was in the rear seat, asked Bradley also indicated some awareness issue of whether a detention is arbitrary than the officer why they were being stopped and that he did not need to give his name through to whether one occurred, Roscoe wasn’t what the problem was. The officer felt his his response to the officer. The appeal judge persuaded, as Bradley submitted, “that it is tone indicated some belligerence and hostil- found Bradley wasn’t in detention just be- necessarily an error of law in the case of the ity, noting his eyes were somewhat glassy cause he was a passenger in a vehicle law- passenger, to consider the reasons for and and his speech appeared slurred, consistent fully stopped by police. This wasn’t a case the manner in which the stop is handled, as with alcohol consumption. The officer could where a traffic stop was made to investigate part of the overall circumstances that must also smell alcohol coming from the car, but criminal activity, but rather to investigate be weighed when deciding whether there is the driver was sobre. two possible motor vehicle infractions. The a psychological or physical restraint.” He asked Bradley and the fourth occupant appeal judge stated: Determining whether a detention occurs for their names. Bradley said he had done I do not accept the blanket proposition involves a fact-specific and context-sensitive nothing and asked why he should have to that once the driver of a motor vehicle is inquiry and the reasons for stopping a citizen give his name. If he hadn’t done anything detained under a lawful traffic stop, all of its for questioning is one of the relevant factors. wrong, the officer replied, why wouldn’t he passengers are likewise detained automati- Roscoe concluded: give it? Bradley then reluctantly identified cally within the meaning of the Charter. In In this case the trial judge heard the himself. A CPIC check revealed that he was the case of the driver, the detention is made testimony of the police officer and the (ac- breaching a recognizance prohibiting him in the context of the police officer carrying cused) and concluded that, on the facts of this from possessing, consuming or using alcohol. out his statutory duties and powers under the case, there had been no direction or demand He was arrested, read his rights and charged motor vehicle act. It is the driver who is being given by the police officer and that the (ac- accordingly. investigated. The presence of a passenger, on cused) wasn’t under any significant physical At trial in Nova Scotia Provincial Court, the other hand, is simply incidental or hap- or psychological restraint and therefore not the judge found the driver was initially the penstance in situations where a traffic stop detained when he was asked to state his name. The summary conviction appeal court judge wasn’t persuaded that the trial judge committed palpable or overriding error in reaching that conclusion. My review of the record satisfies me that (the appeal judge’s) decision discloses no error of law. Since there was no detention, it is unnecessary to address the question of whether there was an arbitrary detention, or a violation of the (accused’s) rights pur- suant to s.9 and 10 of the Charter. Therefore there is no need to discuss the s.24(2) issue (paras. 20-21). Bradley’s appeal was dismissed.

Visit www.blueline.ca/resources/caselaw for complete cases. You can email Mike Novakowski at caselaw@ blueline.ca

OCTOBER 2008 34 Blue Line Magazine of tips are available, the 3xT Tactical Target- ing Tip improves officer’s striking skills by allowing to visually track the baton’s tip during training demonstrations and in the field. Monadnock

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Software tracks careers LED mega spotlight Crown Pointe Technologies introduces FoxFury’s Sunbolt 6 is an Double gun case SKILLS MANAGER Version 7x, a records “All LED” spotlight with Generously sized for 36” or 42” rifles the management system for administering and docu- enough power to pro- padded corners secure the guns while protect- menting the development of personnel from date vide visibility for several ing barrels and stocks. Padded slot pockets of hire to retirement. Law enforcement managers miles. This 6” diametre have enough space for binoculars or optics. can evaluate individuals, instructors, and even spotlight projects very lit- Utilizing quality, oversized YKK zippers, organizations for compliance with established tle heat despite producing hook-and-loop lashings, cinch straps, a pad- standards or regulations. Add-on modules an incredible 11,000 lumens. ded Velcro handle wrap, the cases open fully available to: catalogue firearms and equipment; The Sunbolt 6 is weather and and doubles as a shooting mat. The case also test and score; manage images, documents and waterproof, handling submer- features a unique backpack system for low or computer files linked to records. sion of up to 16 ft (5m), enabling enhanced high carry options. Crown Pointe Tech 5.11 Tactical efficiency in Water Rescue and other aquatic applications. The mega spotlight power supply ••• consumes less than 200 watts. ••• FoxFury

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A brighter light Lightweight, composite toe The H2X Typhoon 2, is a hand-held or a XPRT boot weapons mountable light, offering 120 lumen Safety footwear is great for certain appli- Forensic inspection kit LED. The same digitally managed circuit in cations, but law enforcement requires some- Spectronics Corporation introduces the the original Typhoon, the this one-handed, thing light, such as the new XPRT Boot from OPTIMAX Multi-Lite Forensic Inspection Kit, rotary tail cap design provides constant, mo- 5.11 Tactical. This C-shaped, high-strength featuring a flashlight with six Qwik-Connect mentary, strobe, dimming and lock-out modes. composite Kick-Toe rises from the footbed to interchangeable LED lamp heads and three Run time is up to three hours at 70% of output about the same height as one’s toes, but does snap-on contrast filters. The kit is ideal for and 400 hours at the lowest setting. Waterproof not cover them. Users get the benefit of a hard crime-scene investigation, gathering potential rated to 20 metres (66 feet). toe boot without the uncomfortable pinch and evidence and forensic laboratory work. The Insight Tech Gear clumsy weight of safety toe boots. LEDs provide six single-wavelength light 5.11 Tactical sources useful for specific applications. The ••• NiMH battery provides 90 minutes of con- ••• tinuous service between charges. The model Quick, convenient transport OFK-6000 inspection kit comes with a cordless 5.11’s PUSH (Practical Ruggedized handheld flashlight body, six interchangeable LED heads, Utility Shoulder Hold- Panasonic Can- three contrast filters, AC and DC battery charg- all) Pack is for on or ada Inc. introduces ers and four pairs of spectacles, all conveniently off-duty use. Five the Toughbook CF- packed in a padded carrying case. pockets, an 8.5” x U1 PC, is the first Spectronics Corporation 8.5” x 4” main com- ultra-mobile (UMPC) partment and heavy- to integrate the low- ••• duty YKK zippers. power consumption Behind the main com- Intel processor in a partment is a quick- rugged handheld computer and features previ- access zippered pocket ously only available on a full size PC. Unlike with loop-sided Velcro most handhelds, the Toughbook CF-U1 PC Monadnock AutoLock Defender for Back-Up Belt Sys- operates on full-function Windows XP and The AutoLock Defender shields a user’s tem accessories or similar Vista, giving users remote access to full soft- gun hand from strikes with a guard that fits items. On top is an easy-reach safety/sunglass ware applications in the field. Several docking over the knuckles. The Defender is available pocket, and expandable stash pockets are on options available. in 16”, 18”, 21”, 22” and 26” lengths in black each side. Panasonic Canada chrome finish with a textured grip. A variety 5.11 Tactical

Blue Line Magazine 35 OCTOBER 2008 BAE Systems Products BAE Systems Products Group - Equipment Group - Armour David Cook Don MacDiarmid I have been involved the Canadian LE Don has been in the armour industry community for a number of years. We offer for 13 years after 23 years in policing; and the leading industry brands which include brings a wealth of technical knowledge to Bianchi® International, Defense Technology, BAE Systems. Hatch®, Hiatt®, Monadnock® and Safari- BAE’s brands include Second Chance®, land® Duty Gear. 905-814-5175 American Body Armor™, Safariland® Ar- morwear®, Bianchi® Body Armor, SAVVY™- Contact David at [email protected] Armour for Women, PROTECH® Correc- tions, and PROTECH® Tactical. Contact Don at [email protected]

Dalhousie university Henry’s College of Continuing Conrad Barrington Education Conrad started his photographic career Sherry Carmont in 1991 as a photographer for a small town newspaper one hour’s drive away Sherry has been with the Police Leader- from South Africa’s Kruger National Park. ship Program at Dalhousie University for the Today he’d describe himself as a keen hobby past ten years. Contact her about how you photographer with an eye for picking out the can improve your management and leader- right photo equipment for any job. ship skills so that you can be ready for your next promotional opportunity! Contact Conrad at conrad.barrington@ henrys.com Contact Sherry at [email protected]

Henry’s Henry’s Rod MacLeod Russell Williams Since finishing Ryerson’s photography Since completing his studies in photogra- program, and working his way through the phy in 1994, Russell has worked closely with ranks as both an assistant and a photogra- law enforcement in three different countries. pher, Rod now draws from over 12 years Drawing on his training and experience of experience in both professional and over the years, Russell has helped many consumer environments to find solutions for departments develop their photographic his many clients. training methods and offered guidance on equipment requirements to achieve depart- Contact Rod at [email protected] or mental goals. [email protected] Contact Russell at [email protected]

Henry’s M&L/Blauer uniforms André Paquette Don MacDiarmid André has been in the photo industry for Don has been in the uniform industry for well over a decade. Former National Techni- 13 years after 23 years in policing; and offers cal Sales Representative for Nikon Canada technical based uniform solutions. Inc. André established a solid reputation Offerings include stretch fabric solutions, as a product specialist in field applications. Gore-Tex, WINDSTOPPER, and Crosstech; He is always looking for the right gear serving Police, Fire, EMS, Conservation (photo, or video) to maximize the customer’s and Security. needs. The list of related law enforcement direct involvement with instruction and key Contact Don at [email protected] note seminars include CPC, OPC, and CISO to name a few. Contact André at [email protected]

OCTOBER 2008 36 Blue line MagazinE Blue Line Magazine 37 OCTOBER 2008 I know I’m only a civilian but… by Chris Lewis do their jobs, we would not have that critical and crucial lifeline. We used to reserve most police functions “When an elderly lady calls the OPP in the for trained officers because “only a cop under- middle of the night because she heard a noise stands.” Then we began to see the light. There and is scared,” observed OPP Communications are wonderful people, with no desire to be and Technology Services Bureau Insp Frank police officers, who bring tremendous skills, Grimaldi, “the first person she speaks to... is education and training to our organizations. a call taker.” Call takers, dispatchers, data-entry and Using technology installed and operated administrative personnel, IT experts and by civilian personnel, they send the informa- forensic scientists, to name but a few, have tion to the dispatcher, who sends an officer. chosen specific career paths and are very good The officer may call the dispatcher for backup, at what they do. he added and after dealing with the situation Policing is a team effort and the many and comforting the woman, records the details capable and committed civilian personnel and Rock Falls in Northern Ontario, she was the on CAD and RMS systems, also installed and volunteers, including auxiliary officers, greatly only consistency in that OPP detachment for maintained by civilian personnel. contribute to keeping our communities safe but her 30-plus year career. She knew everyone None of that potential life-saving activity are often taken for granted by police officers, in town and OPP policy and procedures bet- would occur without our civilian members, supervisors and managers. ter than any of us. She was bilingual and did who play an important role in public and of- It really bothers me when I (all too fre- everything for us, up to and including ques- ficer safety. It’s the same situation in every quently) hear things like ‘I know I’m only a tioning suspects! Canadian police service. civilian, but…’ What have we done or said that For all intents and purposes, she ran that US Navy pilot Charles Plumb flew makes them feel they are “only” anything? detachment. Sheila didn’t carry a gun and 75 combat missions before his plane was never made an arrest, but the detachment could destroyed by a missile. He ejected and para- Civilian support vital not have served the community as effectively chuted into enemy hands, spent six years in I had a good look at the OPP’s Eastern without her. a Vietnamese prison and went on to lecture Region staff during the 1998 ice storm and across the US about his experience. was greatly impressed by ALL personnel. Commitment demonstrated A man approached him one day at a res- Everyone pulled together as a team and got When I commanded the OPP’s Eastern taurant and said, “You’re Plumb! You flew jet the communities and organization through the Region, we had a run of dreadful incidents fighters in Vietnam from the aircraft carrier crisis. Civilian personnel regularly came to involving our own officers. Two were tragically Kitty Hawk. You were shot down!” work when they didn’t have to, despite facing killed in on-duty collisions and another seriously “Who are you and how did you know crises in their own homes, just because they wounded in a fire fight with violent career crimi- that?” Plumb replied. “I packed your para- wanted to help. It was a remarkable and shin- nals on the 401, all within a year. Those awful chute,” answered the man. Plumb was taken ing example of teamwork at its best. incidents woke me up more than ever to the aback. “I guess it worked!,” the man said as he Police officers come and go, often work- important role of the com centre personnel. shook his hand. “It sure did,” Plumb assured ing outside the detachment or transferring to They worked with the officers involved him. “If your chute hadn’t worked, I wouldn’t other units. Civilian staff are often the only each and every day and were impacted as be here today.” consistency in a police station or division and much as any police officer. Perhaps even Plumb couldn’t sleep that night, thinking keep the ship running smoothly. more so, as they sat miles away and, in their about that man and wondering how many Sheila Jacques is an excellent example. minds, could do little to help. Without them times he might have passed by without even A wonderful lady born and raised in Smooth and the incredible and professional way they greeting him. Plumb was a fighter pilot and he was “only” another sailor. Now, Plumb asks his audience “who’s packing your parachute?” Everyone has someone who provides them with what they need to make it through the day.

5.11 Tactical 2 Reaction Target System, RTS 18 Do you express appreciation? American Body Armor 10 SEALS Action Gear 8 It’s important that police officers also rec- Blue Line DVD 34 Seneca College 27 ognize the people who pack their parachutes. Bosik Technologies 31 STC Footwear 19 Our dedicated civilian personnel are every bit Cdn. Police Knowledge Network 19 Tetragon Tasse 15 as important as those who carry guns and we Dalhousie University 24 Thomson Carswell 15 cannot survive without them. Each and every one make us richer through their education, EADS 4 Tomar Canada 31 life experience, diversity, compassion, pro- Impact Cases 9 Triform 21 fessionalism and a commitment to make our John E. Reid & Associates 23 Underwater Kinetics Canada 33 communities safe and secure. Leupold 13 U. of Guelph, College of Mgmt. 17 We need to ensure that all of our personnel Mega Tech 11 Vacation for Heroes 29 recognize that and that all are treated with the Niagara University 29 Victoria Police Department 33 same level of appreciation and respect. Original Shoe Co 21 Whitmore & Hobbs 28 Panasonic Canada 40 Wolverine Supplies 25 Chris Lewis is deputy commissioner of the OPP and commander of field operations.

OCTOBER 2008 38 Blue Line Magazine Blue Line Magazine 39 OCTOBER 2008 OCTOBER 2008 40 Blue Line Magazine