AUGUST / SEPTEMBER 2012 2 BLUE LINE MAGAZINE August/September 2012 Volume 24 Number 7

6 Features 6 Partnering with the community to protect and serve  14 Organizational change through managing risk 16 ’s road safety strategy 2015 Make Canadian roads the world’s safest 26 DNA evidence What every officer should know 32 More is less Carbine training challenges 40 Law enforcment west of the Rockies Part 3 – External pressures

43 Distinguishing between science and pseudoscience 16 Departments 54 BlueLinks Ad Directory 36 Deep Blue – Seeing beyond your experience 31 Dispatches 52, 53 Market Place 51 Product Showcase 5 Publisher’s Commentary – Warm fuzzy policing can result in cold hard reality 38 Technology – Security in the mobile and BYOD world Case Law 46 Onus on accused to establish rights violation 34 47 Gun abandoned: s.8 not engaged 48 Crime scene re-enactment repetition of confession 48 Detention requires more than hunch 49 Lack of subjective suspicion fatal to detention’s legality

BLUE LINE MAGAZINE 3 AUGUST / SEPTEMBER 2012 AUGUST / SEPTEMBER 2012 4 BLUE LINE MAGAZINE PUBLISHER’S COMMENTARY Blue Line by Morley Lymburner Magazine Inc.

PUBLISHER Morley S. Lymburner - [email protected]

GENERAL MANAGER Warm fuzzy policing can result in Mary K. Lymburner - [email protected]

SENIOR EDITOR Mark Reesor - [email protected] cold hard reality

CREATIVE DIRECTOR It’s a warm sunny day and, despite stop neither wrong nor right, just polite... and he E. Jolene Dreja - [email protected] and go traffic, the motorist feels good about was so nice, he confessed he was under sus- CONTRIBUTING WRITERS his drive to work. He slows to let in a car from pension so I charged him.... err... right after I Mike Novakowski a side street. Friendly waves are exchanged gave him a gift certificate... which wasn’t an Mark Giles and a smile makes him feel even better about inducement for the confession.” Robert Lunney the day ahead. These “rewards programs” are not new James Clark Suddenly a police car appears in his rear and many agencies across the country have Dorothy Cotton view mirror with its lights flashing and the flirted with similar initiatives in an effort Dave Brown adrenaline kicks in. to, as they claim, make a difference in road Tom Rataj “What have I done? Oh no, was it illegal safety. to let that car in? No, it can’t be. I certainly It is, in reality, a disingenuous attempt to AFFILIATIONS wasn’t speeding, my seatbelt’s on, my car is place the police service in a warm light with International Association of Law Enforcement Planners in tip top shape.” A sickening feeling in the the public rather than anything to do with bottom of his stomach unnerves him as he road safety. If you need a quick refresher Canadian Advertising Rates Data pulls over to the side of the road. “What on then check out sections 7 and 9, with just a International Police Association earth did I do wrong?” dash of section 10, of the Charter of Rights Newswire The officer approaches with a smile on his and Freedoms. Access Copyright face. “What kind of masochist is this guy? He There are long tried and true methods is actually enjoying this ... this... whatever it for police to reduce accidents and ensure the is I have done.” orderly movement of traffic. They are, above SUBSCRIPTIONS The motorist busies himself frantically all, legal and do not place the officer, or the $30 per year; $50 for 2yrs; US & Foreign: $100 getting out his drivers licence, ownership and department, in jeopardy of a wrongful deten- insurance papers. “Golly, I hope I have all tion action or worse. ADVERTISING 888-640-3048 [email protected] that stuff here.” Police agencies who initiate such pro- “Do you know why you were stopped?” grams do not understand, have forgotten or “I have no idea, officer,” the motorists replies simply do not appreciate the daily perils every www.blueline.ca nervously. Allowing another driver to go ahead officer encounters in catching people doing was a nice gesture, the officer informs him. “I things wrong. Each stop is fraught with un- 12A-4981 Hwy7 East, Ste 254, Markham, ON L3R 1N1 Canada simply wanted to congratulate you on being predictability and potential hazards. Expecting so polite.” an officer to now expand this to those doing P: 905 640 3048 F: 905 640 7547 Now there are various directions events nothing wrong simply multiplies the potential [email protected] can take from here and since so many agen- for things to go sideways. cies see this as only positive, I will play the Police work can be far more appreciated PRINTED IN CANADA devils advocate. by the public if it keeps them safe in their Scenario one: “Then tell me officer, why homes and on the streets. Crime prevention I am now a nervous wreck? It’s because you is the number one job of every cop and this is scared the bejeepers out of me. While you’re accomplished in a variety of ways. Some are ISSN# 08478538 at it, would you mind telling me what gives more subtle than others but all are, or should

Blue Line Magazine was established in 1988 as an independent you the right to stop me for doing absolutely be, within the law. publication to inform, entertain, connect and educate those involved nothing wrong? Now listen carefully here of- For police traffic safety is best served in the law enforcement profession. With no direct control from an ficer; instead of continuing in to work I will be by catching people doing things wrong. This enforcement agency, its opinions do not necessarily reflect those of any government or law enforcement agency. going to my doctor to see if I can up my blood has a side benefit of pleasing people who do pressure medication and maybe get something things right. They appreciate that they never The authors, advisors, and publisher accept no liability whatsoever for any injuries to person(s) or property resulting from application to calm me down. Then, I’m going to my law- have to talk to a police officer. They really do of adoption of anything presented in this magazine. Readers are yer’s office, where we will try to calmly sort not have to get friendly with them or thrust cautioned and advised that articles presented herein are edited and supplied for your personal awerness and should not be used out what my next steps will be.” their kids up against one dressed in a fuzzy for further actions until appropriate guidance is received from a Scenario two: “Well I see officer, but I clown suit to appreciate their efforts to keep supervisor, Crown Attorney or other persons in authority. must confess that I am under suspension and the community safe. All material submitted for publication becomes property of Blue you probably already knew that when you A cop’s job is not always popular but it Line Magazine Inc. unless arrangements have been made with the publisher prior to publishing. checked my plate.” is necessary and the public really gets that. Scenario three: (Officer giving court evi- © 2012 All articles are protected by copyright. No part of this publication may be repoduced or transmitted in any form or means, dence after scenario two). “Well, your honour, electronic or mechanical, (including photocopying and recording or I was actually pulling the motorist over for by any information storage or retrieval system), without prior permis- doing nothing wrong – err... actually he was sion. Permission to reprint may be obtained in advance from Access Copyright 1-800-893-5777. doing something right. Well, actually, it was

BLUE LINE MAGAZINE 5 AUGUST / SEPTEMBER 2012 Partnering with the community to protect and serve by Desiree Vassallo the community, local government and service 15 different specialized sections and teams – staff, is a first for the CBRPS. It will guide including patrol, K-9, forensic identification, Fostering community leadership to ensure service delivery and provide a basis to measure emergency response, marine/dive and poly- security and quality of life is the vision Chief activities and ensure accountability. graph – making it one of the few full-service Peter McIsaac and the Cape Breton Regional While the plan may be new, the vision of police agencies in Nova Scotia. Police Service (CBPRS) has set in its 2012- community leadership has guided the organi- An in-house records department stores and 2015 Strategic Plan, which also outlines four zation since it began policing in 1995. maintains all necessary information to com- strategic pillars of focus for the future. plete files and move cases through the courts, 1) Valued human resources – to profession- The path to the present handling public requests for police reports, ally and personally support members, the The CBRPS was formed through the amal- criminal records, fingerprinting services and organization’s most valuable asset. gamation of the Cape Breton Regional Munici- Freedom of Information Act requests. 2) Serving the community – addressing public pality (CBRM) – the second largest in Nova The CBRPS also houses an on-site lock-up safety, the basis for its existence. Scotia – uniting officers and services from the facility operated by six jailors. 3) Ensuring effective partnerships – working former Sydney, North Sydney, Sydney Mines, Partnerships are key to police operations; “with” the people members serve, who Glace Bay, New Waterford, Dominion and with municipal funding for 169 officers, the share a desire for public safety. Louisbourg police forces. service receives nearly $4 million a year in 4) Pursuing financial stability – providing The 204 sworn officers and 30 civilian cost recovery from other sources, including the the most fiscally responsible and efficient staff police the CBRM, all rural areas of the Nova Scotia “Boots on the Street” program, service possible within ongoing economic Cape Breton County and the Membertou the RCMP through the Integrated Traffic Unit, pressures. First Nation, serving 102,000 people over a Membertou First Nation and Cape Breton- The plan, developed in consultation with 2,500 kilometre area. The service has nearly Victoria Regional School Board (for school

AUGUST / SEPTEMBER 2012 6 BLUE LINE MAGAZINE liaison officers). CBRPS members are also seconded to the Criminal Intelligence Service of Nova Scotia and the RCMP National Weapons Enforce- ment Support Team. CBRM call volume has increased steadily over the last five years while the crime rate has dropped – it was down 19 per cent from 2009 to 2010, the most recent year for which verified official statistics are available. Violent crime has dropped 33 per cent, property crime is down 15 per cent and crime severity has decreased to 66.8 per cent (down from 82.5 per cent in 2009), continuing lower than both the provincial (83.5 per cent) and national (82.7 per cent) averages. preventing crime and keeping communities CBRM, Bell Aliant and the Cape Breton Island A community police service safe. A CBRPS officer acts as the association’s Housing Authority. They help officers engage Vital to the CBRPS success is its com- executive director. and stay connected to residents, collaborating munity-based approach to service delivery, a Together, the AFSCBC and CBRPS of- with them to address challenges and needs and policing model for which it is well-known and ficers have mobilized many communities, create healthy opportunities – the community respected. Based on a shared goal to build safe helping them find opportunities to become says what it needs and then helps to make it work. and healthy communities and a strong quality involved in making their neighbourhoods Residents can access programs and of life, the service works with the people it safer, significantly reducing the need for police services which, particularly for youth, help serves and values the important role com- response and intervention. strengthen social skills, break down barriers munity partners play in achieving a balance Community projects in North Sydney, and build trust and relationships with other between enforcement and prevention. New Waterford, Glace Bay and Sydney Mines individuals, including police. They receive The organization prides itself on forging saw the groups approach residents with a ques- coaching, mentoring and the guidance they strong partnerships with key players, including tionnaire designed by Cape Breton University need to help make positive life choices. Com- the provincial justice department, municipal Community Studies Program students to iden- munity offices also provide access to key police services, the court and public pros- tify safety concerns and priorities. Based on services such as the Internet, that people would ecution services and the Cape Breton health this information, they’re able to work with otherwise not have the opportunity to use. authority, school board, university and YMCA residents to come up with the most effective – just to name a few. means of addressing those needs. First Nations policing CBRPS community officers are at the Only one year ago, a community scan of Community collaboration has also earned core of the policing concept, working closely North Sydney showed many run-down vacant accolades in the Membertou First Nation, with citizens, not-for-profit agencies and properties. Residents were seriously concerned which chose the CBRPS as its police service partners across the CBRM. They educate about high crime rates, including vandalism, in 2007. service groups, business, students and seniors drug use and break and enters. The AFSCB The Mi’kmaq people were the first in- on crime prevention, set up Neighbourhood and CBRM began improving properties habitants of the CBRM, one of the oldest Watch Groups and manage several commu- and cleaning up neighbourhoods, while the regions in Canada, and continue to be very nity-based programs. CBRPS stepped up foot patrols and enforce- important members of Cape Breton society. Perhaps most importantly, they keep the ment to address and prevent some of the more Today, the Membertou First Nation sits in the lines of communication between residents frequent crime among youth believed to have city of Sydney, at the centre of the CBRM’s and police open, building opportunities for been connected to the vandalism. The AFSCB community of communities. Home to more involvement in designing and developing also opened a community office for residents than 1,260 people, Membertou is one of five programs and services to keep communi- to access programs and services. Today, North Mi’kmaq communities in Cape Breton and 13 ties safe. They work hand-in-hand with the Sydney residents express amazement at the in Nova Scotia. Association for Safer Cape Communities transformation they see in their community. It is named after Grand Chief Henri (AFSCBC) – a diverse group of more than 60 Community offices are the most evident Membertou, who led a group of Mi’kmaq community leaders who work collectively to success story of the projects, made possible hunters and fishers during the late 15th and assess and respond to issues in the interest of through a partnership between the AFSCB, early 16th centuries in the area now known

BLUE LINE MAGAZINE 7 AUGUST / SEPTEMBER 2012 a new strategic plan to hold itself accountable to the job and people it serves. The CBRPS will continue adapting to the changing world of policing, ensuring it keeps providing the top-notch, professional service residents expect and deserve. Technological ad- vancements such as the installation of ROADS computers in police cars will ensure officers have the tools they need to do their jobs. The service will focus on increasing training and mentorship opportunities to develop and coach younger officers for suc- cession planning and will be guided by an intelligence-led model of policing – targeted, as the Annapolis Basin. Grand Chief of the learned the Mi’kmaq language. The service focused crime prevention based on trends Grand Council of the Mi’kmaq, Membertou has hired local residents for support staff in in the community. A new criminal analyst was a greatly respected and influential leader its Membertou office, which has an officer on is monitoring and analyzing crime trends to with a tremendous following. His baptism into duty 24/7 and has achieved some of the fastest identify issues and prolific offenders, allow- the Roman Catholic Church inspired many response times in Canada. The band makes ing the service to deploy resources according Mi’kmaqs to convert to Christianity because it police feel like part of their community and to where they’re needed. was seen as a symbolic gesture of the traits that a strong bond and significant level of trust remain central to the culture today – friend- allows officers to help resolve issues very ship, loyalty and respect. efficiently and effectively. These same values are at the heart of the Many Canadians know Membertou as “Serving with you policing philosophy that works so well for home of the late Donald Marshall Junior, who ” the CBRPS and Membertou. The service has had a profound impact on policing. It will – for you built a collaborative and integrated approach again make history later this month when the to policing which focuses on the needs of the CBRPS host the 107th annual CACP confer- Mission community; citizens show tremendous support ence Aug. 19-23. For the first time, parts of In partnership with the people, the Cape Breton for the work police do and remain dedicated the conference will take place on Aboriginal Service is committed to serve and to a continued partnership with the CBRPS. soil, within facilities on the Membertou First protect our community. Officers have built a trusting relationship Nation, which inspired the conference theme. by getting to know residents and learning “One Nation, Many Peoples: the Full Circle of Vision about the Mi’kmaq culture, traditions, smudg- Policing in Canada” will explore the connec- The Cape Breton Regional Police Service ing ceremonies and healing circles, religion tion between policing and Aboriginal peoples fosters community leadership to ensure security and the role of community elders – all im- and the challenges and opportunities all agen- and quality of life. portant to the Mi’kmaq way of life. Learning cies face in recruitment, funding, governance, Values about these values and respecting their impor- standards and trust. The Cape Breton Regional Police Service tance helps the service understand what works With its collaborative and interactive ap- believes in maintaining law and order, by: The for the people and then adjust how it delivers proach to policing on a First Nation, the CB- highest professional standards and integrity; Being services to best meet their needs. PRS will help police chiefs address the issues accountable and transparent; Working collaboratively CBRPS officers constantly interact with and find the answers to embrace our diversity and having a strong community spirit; Providing effec- residents, working together to establish pro- and the contributions we all make to creating tive and efficient service; and Respecting diversity. grams and initiatives – including a Neighbour- a strong, co-operative and collaborative circle hood Watch, Block Parents and the Membertou of policing. Pli’smenaq Boys and Girls Club – which residents are proud to own. Weekly spots on The way forward Desiree Vassallo is a communications the local radio station provide updates on what The CBRPS’ strength is co-operation and specialist with the Cape Breton Regional police are doing and the service is represented collaboration. It understands that continued Police Service. She has a Bachelor of Arts Honours Degree in Political Science and at band council meetings. success depends upon public trust and con- a Bachelor of Applied Communications in The CBRPS has three First Nations fidence. Committed to serving residents with Public Relations. She can be contacted at officers who are active members of the the highest professional standards for public [email protected]. Membertou community. Other officers have safety, it has laid out its goals and objectives in

AUGUST / SEPTEMBER 2012 8 BLUE LINE MAGAZINE BLUE LINE MAGAZINE 9 AUGUST / SEPTEMBER 2012 Blue Line advertisers at the CACP

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AUGUST / SEPTEMBER 2012 10 BLUE LINE MAGAZINE Officers convicted after 14 years Five former police drug squad offic- ers have been found guilty in June of attempting to obstruct justice after a months-long trial, eight days of deliberation by a jury and 14 years after the offences first came to light. John Schertzer, Ned Maodus, Raymond Pollard, Steven Correia and Joseph Miched had been variously charged with obstructing justice, perjury, assault and extortion in relation to a series of incidents in which it was alleged they beat up and robbed drug dealers and then lied to cover it up. In the end, all five men were found guilty in L to R: Ray Pollard; Steven Correia; Ned Maodus; Joe Miched; John Schertzer Ontario Superior Court on June 27 of falsifying notes in relation to the search of an apartment in February 1998 that was carried out without Force, led by a single RCMP chief superinten- 32 years of service to the force. Steve Correia a warrant. dent, spent three years investigating. is still on the force, but had been suspended Pollard, Maodus and Correia were also In 2008, a trial judge stayed all charges, rul- while collecting full pay since he was charged found guilty of perjury for lying during a pre- ing that delays by the prosecution infringed on criminally in January 2004. liminary inquiry related to the raid. the officers’ rights. But in 2009, Ontario’s Court The outcome of the trial did not satisfy for- However, the jury found all five men not of Appeal rejected that and ruled a trial should mer Toronto police Sgt. James Jim Cassells, who guilty of robbing and assaulting an alleged drug proceed for five of the six officers, noting the served on the Special Task Force investigating dealer named Christopher Quigley. complexity of the case. Charges against Richard the drug squad and who turned whistleblower. Quigley claimed he was savagely beaten Benoit, though, were dismissed. “I am afraid that the conclusion of this by drug squad officers while in custody at 53 All but one of the five men have retired case does nothing to solve the real problems Division near Yonge Street and Eglinton Avenue from the force, many of them spending many uncovered during the investigation of this case. in 1998. years “suspended with pay” while collecting As painful as they may be, there are still many More than $14 million was spent on inves- full benefits. issues that were uncovered during the course of tigations and prosecution in what is the largest In November 2007, former detective ser- the investigation that have been left unresolved,” case of alleged police corruption in Canadian geant John Schertzer - leader of the group of said Cassells in an email to CBC News. history. The trial began in January. accused officers who were all members of Team The five men are scheduled to be sentenced Six officers were originally charged in 3 of the TPS Central Field Command drug squad on November 5. January 2004 after a Toronto Police Special Task - retired with full pension as he turned 50, with (CBC)

BLUE LINE MAGAZINE 11 AUGUST / SEPTEMBER 2012 Hearing Footsteps The Economics of Policing by Robert Lunney Conditions, (referred to as the Winsor Report of G4S to the London Olympics may put after Chairman Tom Winsor), proposed a the brakes to this audacious plan. Just two An ominous threat hangs over Canadian massive restructuring of police salaries re- weeks before the opening ceremony G4S policing and it’s all about money. sulting in reductions to some police salaries admitted an inability to meet obligations to The global financial collapse profoundly of between £3,000 and £4,000 per year. The provide trained security personnel for the affected policing in the United States.A Winsor Report noted that police pay was Games. The British government was forced survey reported by the Police Executive 10 to 15 percent higher than that of other to order the armed forces to make up for the Research Forum (PERF) in April 2012 listed emergency workers and the armed forces. shortfall. Within days Surrey Police shelved data for 416 agencies from 2010 and 2012. On 10 May 2012, 20,000 off duty police its privatization plan. This is a serious blow Seventy-eight percent of departments expe- marched in protest through the streets of to the privatization option and sure to frus- rienced budget cuts in 2010, while 51 per- London. trate the coping plans of the British police. cent experienced more reductions in 2012. The great shocker is the manner that Canadian police are hearing footsteps. All reported reductions of sworn officers. some British forces prepared to cope with In advance of the 2012 Toronto municipal Oakland, CA suffered budget cuts of this 20 percent reduction. Two large regional budget the mayor called for a 10 percent seven percent in the current year, with a forces, West Midlands and Surrey, turned to reduction to the funding of all departments, further five percent scheduled for 2013. De- privatization as the way out of their budget including the police. After considerable troit is bracing for a 15 percent decrease in dilemma. Ten more police forces were controversy city council settled with the 2013, after losing 400 sworn officers through considering outsourcing deals. The Brit- Policing Board for a 4.6 percent budget attrition. San Jose, CA is anticipating a ish approach to privatization defined these reduction in 2012, and an agreement for a reduction of 10 percent next year. Camden, target areas: 5.4 percent cut in 2013. The reduction was NJ, one of the worst affected, laid off more Front line: Officers in everyday contact offset by wage increases committed earlier. than 200 employees. Faced with impend- with public and who directly intervene to Nevertheless, this was acknowledged as a ing bankruptcy, the City of Scranton, PA keep people safe and enforce the law. shot across the bow on policing costs, sig- unilaterally cut the pay of all city workers, Middle office: Managing or support- nalling serious funding concerns not only including police. ing those officers, doing policing-specific in Toronto but in other cities and provinces. There is a more disturbing dimension jobs, such as control rooms, custody and Concern for the cost of policing is in the United Kingdom, where the central intelligence. resonating with the Federation of Canadian government is carrying out a program of Back office: Support services such as Municipalities and the Canadian Associa- austerity with deep reductions to public IT, catering, finance, HR, training and press tion of Police Boards. On 28/29 June 2012 spending. Police budgets in the U.K. rely and communications. the Canadian Police College hosted an upon a sizable grant from the central govern- Mr. David Taylor-Smith, head of the Executive Symposium on The Economics ment, a levy against the local tax base and G4S security firm, quoted in The Guard- of Policing – Ensuring a Sustainable Future other minor contributions. The government ian on 20 June 2012, predicted that within – involving a cross-section of delegates from announced a 20 percent across the board five years, large parts of the U.K.’s police government, governing bodies, police lead- funding cut by 2015. The initial impact forces would be run by private companies, ers and other stakeholders. nationally will amount to 5,800 fewer front taking responsibility for duties ranging from The premise of the gathering was re- line officers and a non-front line reduction investigating crimes to transporting suspects form, restructuring and the evolution of of 7,600. and managing intelligence. policing in Canada. Strategies for attention By the end of the U.K. program the G4S is a British multinational secu- going forward included innovation and total workforce will shrink by an estimated rity services company headquartered in the technology, public-private and public-public 28,000 across 43 forces. Further cutbacks United Kingdom. It is the world’s largest partnerships, workforce issues and leader- may be needed. security company measured by revenues ship development. If that were not enough, the March and has operations in more than 125 coun- The American response, fast and reflex- 2012 report of The Independent Review of tries with over 657,000 employees. Events ive, relies upon hastily contrived funding Police Officer and Staff Remuneration and unfolding on July 12 related to commitments cuts. In the U.K., the government provoked

AUGUST / SEPTEMBER 2012 12 BLUE LINE MAGAZINE a risky leap into massive privatization. In Canada the economic challenges may not be as dire but federal, provincial and municipalities are running deficits demand- ing correction. In the past Canadian police have dealt with funding restrictions through downsizing, service cuts and civilianization. In many places these strategies have reached their potential. Chiefs now face a dilemma.They either Tribute to the Map Man deliver up more downsizing and service by Ian Mason to the New Hampshire area where his reputation reductions, or resist and tempt governments for arranging rides caused his many friends to to arbitrarily reduce budgets and introduce On October 27th, 2011, while returning give him the nick-name “Map-man.” controls over pay and benefits. If you think from a Chief’s of Police conference in Chi- His close friends decided this year to dedi- this can’t happen, there is the spectre of cago, Superintendent cate a memorial ride for Mark and opened the the 1993 Social Contract in Ontario when Mark Grant was tragically killed in a motor invitation to all of those who knew his favourite vehicle collision. police wages were effectively reduced then activity. On June 16th, 47 riders left for Gorham, Mark joined York Regional Police in 1979. New Hampshire to share in the memories of a held static for up to three years. Neither the He was promoted to the rank of Sergeant in great man. The trip lasted seven days, and cov- American nor the U.K. strategies are palat- 1990 and worked in many areas of York Re- ered four states and a few thousand kilometers. able, begging a made-in-Canada solution gional Police including Criminal Investigations and the Drugs The Map Man memorial ride was a tribute to a or Third Way. and Vice Bureau. In 2003, he was promoted to great man and an even better friend. His memory will Strategic outsourcing is a practical al- and assigned to the Communications Bureau. In June 2010 live on in all those who participated and appreciate the ternative for turning crisis into opportunity, he was promoted to Superintendent and was the officer in legacy he left for us. but not the model pursued in the U.K. On charge of Information Services. 1 June 2009 the Canada Not-For-Profit Mark was a very well-liked and respected man, whose Detective Ian Mason, is a 22 yr member love of motorcycles was very well known. He had always of the York Regional Police Service and currently with Corporations Act came into force, estab- enjoyed time with his close friends in a yearly motorcycle trip the Major Fraud Bureau. lishing a framework for social enterprises. The obligation of the social enterprise corporation is to organize exclusively for the social welfare and civic improvement beyond financial profit, harnessing civic and entrepreneurial energies for community benefit. Legal obligations are stipulated in the organizational rules and open to public scrutiny. The not-for-profit has no shareholders and no ability to make profits. There is no danger they can be taken over or acquired by a “corporate raider.” The not-for-profit social enterprise, if strategi- cally partnered with police needs for cost control, offers an intriguing alternative to privatization and a legitimate Third Way. This is an option or Third Way, is wor- thy of investigation, albeit with a hefty degree of caution, considering the UK problems, and careful consideration of the impact on the current workforce and labour relations. In the words of American humorist Arnold H. Glasgow, “The trouble with the future is that it usually arrives before we’re ready for it.” Near term budget cycles require that police services advance their search for solutions that protect core ser- vices while shielding policing from outside influences inherently different from the public service culture. Partnering with a reliable not-for-profit may provide a cost saving option to service reductions. The message from America and Britain is plain enough – find a better solution or have one handed to you – one that you may not like.

Robert Lunney is the former chief of the Edmonton and services. He is Blue Line Magazine’s Police Management edtior and he is the author of Parting Shots - My Passsion for Policing. He may be contacted by email to [email protected].

BLUE LINE MAGAZINE 13 AUGUST / SEPTEMBER 2012 Organizational change through managing risk by Michael Barnhart either at the top (the executive level has a role. The RMC identify areas of concern greater global view) or bottom (members within the organization (often identified In today’s world of rapidly changing who ‘live’ in the environment and personally through emerging operational themes) and economic realities, the need for organi- experience the need for change). The top has then direct IRM to initiate an ARS in that zations to be able to shift and adapt has more impact when articulating and initiat- unit or bureau. never been more important. Policing, like ing the need for change than the bottom. IRM members then meet with the of- all public sector services, is not immune As a result, top down change management ficer/manager-in-charge of that specific unit and is arguably the most exposed due to the receives a limited degree of acceptance by and outline RMC concerns and inform them ever increasing share of tax dollars needed front line workers; many feel there’s a dis- that their area will be the subject of an ARS. to fund our current service delivery model. connection between their world and that of The rationale behind this process is that the The policing profession must embrace the executive team. most effective risk managers are those who organizational change management, ensur- Peel Regional Police, Integrated Risk actively work in the environment where ing that changes reflect the ongoing desire Management (IRM) has taken a different the risk exists and thus should develop the for improved efficiencies in support of the approach in affecting organizational change strategies to manage change. service’s strategic plan, which ultimately through a process called Area Risk Self- A cross-disciplinary working group supports taxpayer expectations. Assessment (ARS). With this approach, the drawing from a sampling of members in This task is easier said than done, for concerns our executive team identify create each of the areas primary functions and policing’s strength is also its greatest weak- the parameters that the ARS team will use to ranks is selected from the subject unit. Nor- ness. As a paramilitary organization, we develop its own change management plan. mally, these working groups have 10 to 15 draw our focus and determination through The ARS process is initially driven by members. The officer/manager-in-charge is structure but have looked at change as a direction from our Risk Management Com- appointed as the work group chair and the potential hazard. This is where the risk man- mittee (RMC), which consists of the chief IRM and our Organizational Process Man- agement approach to organizational change (chair), the three deputy chiefs, general agement (OPM) units are also represented becomes useful. counsel (acting in an advisory role) and IRM in the workgroup. Normally the need for change is identified unit members, who also act in an advisory IRM and OPM members are embedded

AUGUST / SEPTEMBER 2012 14 BLUE LINE MAGAZINE so they may act as coaches for the self- executive team. Members of the assessed assessment process and assist in identifying area feel they have a voice and direct input and mapping out the area’s key processes. into the changes required to ensure the high The chair then explores the concerns and level of effectiveness expected of their observations related to the identified theme unit. Each member therefore becomes their from the cross disciplinary team, with an own risk manager and fully embraces the ultimate goal of developing an effective organizational change because ultimately mitigation strategy for each risk the work- it’s a change in which they have all had an group identifies. active hand. Generally, this process lasts between four and eight weeks and could involve bi- weekly meetings, depending on the theme’s Insp. Michael Barnhart is the OiC of Risk Manage- complexity. The team is responsible for ment with Peel Regional Police. Contact him at [email protected] for more information. agreeing on and drafting a mitigation strat- egy to address each of the issues they iden- tify (normally six to 10 though there is no upper limit). With this approach, members at the operational level have full carriage and ownership of the change management process. Even with a cross-disciplinary team in place, all team members expect to seek input from all other unit members (in between the scheduled meetings) to help in develop- ing possible mitigation strategies. For this process to be fully effective, Peel has found all unit members need to have a voice as it relates to identifying risks and proposing potential solutions. After workgroup meetings conclude, the chair, with help from IRM members, enters the issues, proposed mitigation strate- gies and a target for completion dates into our electronic ARS program, which stores and tracks the data to provide a corporate memory. The program also includes several project management tools that the chair may wish to use when tracking the progress of various mitigation strategies. Once submitted, the embedded IRM member presents the report during the subse- quent monthly RMC meeting thus ensuring an expeditious review and, where appropri- ate, approval of the mitigation plans. Once approved, the assessed area is responsible for implementing the mitigation plans. This approach has ensured that the concerns identified at the operational level are presented as originally drafted to the

BLUE LINE MAGAZINE 15 AUGUST / SEPTEMBER 2012 The goal: Make Canadian roads for others is not yet available. Targets the world’s safest Jurisdictions will have the responsibility RSS 2015 will seek to achieve directional Canada’s third national road safety strat- for their respective plans and the option, if downward trends in fatalities and serious egy (2011-2015) has a long-term vision to they wish, of developing their own quantitative injuries throughout its five-year duration. make our roads the safest in the world. Its targets for specific casualty reductions during Jurisdictions will continue to report fatalities four strategic objectives are expected to also the five-year timeframe. and serious injuries to on result in safer road users, infrastructure and A number of key elements contribute to an annual basis. It will produce a report on vehicles through: the strategy’s uniqueness: national progress of reducing fatalities and • Raising public awareness and commitment serious injuries using this rate-based measure- to road safety; Flexibility ment approach. • Improving communication, co-operation and RSS 2015 outlines best practices and collaboration, enhancing enforcement; and initiatives that jurisdictions will have the flex- Best practices • Improving road safety information in support ibility to adopt depending on their suitability, Central to the strategy is a framework of of research and evaluation. feasibility and acceptability in their area. best practices designed to address key target Road Safety Strategy (RSS) 2015 is con- Each jurisdiction will develop and ‘own’ their groups and contributing factors that drive siderably more flexible than previous plans. It respective road safety plans. fatalities and serious injuries on Canadian no longer sets targets at the national level that roads. The framework includes a variety of become de-facto targets for each province/ter- Holistic approach road safety initiatives proven effective here ritory. Rather, its success will be measured by The strategy is holistic in nature, and/or in other OECD countries based on a achieving a yearly national downward trending providing a co-ordinated approach which comprehensive environment scan undertaken in fatalities and serious injuries. Progress will includes initiatives to address road users, by CCMTA. The nature of the framework is also be determined using rate-based measures, infrastructure and vehicles. This acknowl- such that it will be a fluid document regularly rather than the previous practice of setting edges the interdependencies that exist updated as new road safety strategies are in- percentage-based targets and translating these between drivers, roads and vehicle safety troduced or existing strategies evaluated and into actual numbers of fatalities and serious design and will move the strategy to more their effectiveness in reducing fatalities and injuries. of a “safe systems” framework. It represents serious injuries established. The strategy will provide jurisdictions the outcome of very strong collaboration with a framework of best practices which between CCMTA (Canadian Council of Mo- Ownership they can adopt or adapt to address specific tor Transport Administrators) and members While CCMTA led development of the road safety challenges. Some have been of the Engineering Research and Support strategy and will manage it, each jurisdiction will proven effective; measured effectiveness Committee (ERSC). “own” it and use the “best practice” framework

AUGUST / SEPTEMBER 2012 16 BLUE LINE MAGAZINE to develop their own jurisdictional plans. safety indicators, against which intervention strategy to a team service delivery model. Data As custodian, CCMTA, working through efforts could be measured. analysis was combined with education and the jurisdictions and its committees and task The national target called for a 30 per enforcement strategies to address key causal forces, will be responsible for updating the cent decrease in the average number of factors through targeted enforcement. strategy. Updates may include document- road users killed and seriously injured dur- Core to the strategy is a framework of best ing progress made on new research projects ing the 2008-2010 period over comparable practices, consisting of a multi-cell matrix of undertaken, identifying new initiatives to be 1996-2001 baseline figures. The sub-targets’ key target groups and highway safety issues included in the multi-cell matrix of key target proposed reductions ranged from 20 to 40 per or contributing factors, along with a variety groups and contributing factors, revising the cent to address the specific areas of occupant of road safety initiatives that jurisdictions framework of proven best practice initiatives restraints, impaired driving, commercial may adopt to address their specific priorities. and reporting on its progress. vehicle safety, vulnerable road users, speed They will have the flexibility to adopt these and intersection safety, rural roadways, young initiatives and strategies depending on their Timeframe drivers and high-risk drivers. It was expected suitability, feasibility and acceptablity. A mid-term evaluation of the strategy’s achieving these targets would further reduce success will be conducted in year three. Canada’s road fatality total to fewer than The vision 2,100 by 2010. The vision to have the world’s safest roads History As result of a mid-term review of the is aspirational in nature and need not necessar- Since 1996, Canada has had a road plan and evidence that indicated progress ily be achieved within the strategy’s timelines. safety vision of having “the safest roads in had stalled, jurisdictions made a concerted Canada would need to reduce fatalities to five the world.” Jurisdictions under the auspices effort to accelerate the reduction of fatalities per 100,000 population. In 2007, there were of the CCMTA, along with police forces and and serious injuries in the areas of greatest 2,767 fatalities (8.4 per 100,000) – this num- road safety organizations, have been working concern: curbing the incidence of drinking ber would have had to be reduced by 1,120 to towards this vision through the direction of and driving, excessive speeding and non- 1,647 to achieve the goal. road safety plans. use of seat belts. Recent indications suggest This national vision represents Canada’s Canada’s inaugural national road safety that progress has improved significantly. desire to strive towards being a world road vision and plan, Road Safety Vision 2001, was The 2007 fatalities were six per cent lower safety leader. adopted in 1996. Fatalities decreased by 10 per than the baseline, while serious injuries were The strategy’s vision is intended to inspire cent and serious injuries by 16 per cent, despite almost 15 per cent lower. all stakeholders to work together towards the steady increases in the road user population. The 2010 plan also played a pivotal role common objective of making road travel safer. Road Safety Vision 2010 retained the in raising the profile of traffic safety concerns It can best be achieved through implementing vision and strategic objectives and added an among law enforcement. In their efforts to initiatives consistent with the four strategic overall national target and sub-targets. The help achieve the vision’s objective, they for the objectives. quantitative targets were intended to provide most part changed the traffic services delivery Nationally, the strategy serves as an im- broad-based benchmark data of key road model from a random patrol enforcement petus to CCMTA’s standing committees, task

BLUE LINE MAGAZINE 17 AUGUST / SEPTEMBER 2012 forces and working groups to collaborate in the development and implementation of numerous initiatives and focused interventions aimed at Changing a mind set improving road safety. It has been argued that the decline in impaired The Ward study argues that “it is not enough Principles driving during the 1980s and 1990s can be attributed to focus just on the traffic safety culture of the The development of the 2015 strategy is at least partly to a cultural shift such that this kind of driving population. It is also necessary to consider based on key guiding principles, including behaviour is no longer socially acceptable. This shift the culture of those agencies that propose and year-over-year downward trends in fatalities was promoted by tougher laws, improved technology enforce traffic safety policy that can impact the and mostly an aggressive media campaign from many driving population; the culture of governments that and serious injuries, safer systems concepts, organizations. It is no longer the norm to go out to a allocate resources to various traffic initiatives that five-year timeframe, continuation of colli- party and have three beers, three glasses of wine, and may hinder or foster risk; the culture of communities sion reporting by province/territory and a a glass of liqueur and then drive home. that encourage or discourage risk-taking; and the framework of best practices. This cultural shift was most noticeable among culture of societies as they endorse or condemn young people who started designating drivers who risky driving”. Downward trends would not drink and would drive them home safely. Can we change the road safety culture in The strategy seeks to achieve directional Even among adults, it has become the norm not to Canada? downward trends in the rate-based number drive while impaired by alcohol. That does not mean About two-thirds of fatal and 30 percent of of fatalities and serious injuries – successes that there are not drivers still out there who engage injury collisions in Canada occur in rural areas, in such behaviour. and these collisions often involve speeding, alcohol against which will be measured at the na- Currently, there is a new paradigm for under- use and non-use of seat belts. Is there a difference tional level on a yearly basis, rather than the standing risky behaviour and promoting safer be- in traffic safety cultures between rural and urban actual fatalities and serious injuries. Trend- haviour among road users through a change in the communities? ing will be measured using rolling averages traffic safety culture. According to one study (Ward We know that young drivers 16 to 20 years to smooth out short-term fluctuations, since et al. – 2010), traffic safety culture can be defined as, of age engage in more risky behaviour than older year-over-year reductions may not be practi- “the perceptions people have about what behaviours drivers, perhaps with the exception of impaired cal or attainable. are normal in their peer group and their expectations driving, and as a result they are more likely to die in Two rate-based indicators are commonly for how that group reacts to violations to these behav- collisions. Does the young driver culture value risky used internationally: fatalities (or serious in- ioural norms. In terms of traffic safety, this definition driving perhaps to express anger, fight boredom or applies to behaviours that either increase crash risk impress friends? juries) per million population and fatalities (or (e.g. speeding) or are protective (e.g. wearing seat Given that youth generally believe that they serious injuries) per billion kilometres travelled. belts), as well as behaviours related to acceptance are invincible and that they will never die in a traffic or rejection of traffic safety interventions.” The Ward collision, can we convince them that they may end Safer systems concept study proposed the following model for understanding up becoming a quadriplegic for life or that they may A coordinated “safer systems” approach traffic safety culture and the normative behaviour it end up hurting or even killing their friends? includes strategies to target road users, engenders: Better understanding of the beliefs, attitudes, vehicles and infrastructure. This concept is and norms underlying behaviour would help in the an effective means to bring all stakeholders development of appropriate measures to shift the together by recognizing the interdependen- traffic safety culture in a better direction. cies that exist between these elements. It incorporates safer systems concepts rather A compendium of road safety countermeasures pre- than a safe systems approach, which tradi- pared by the U.S. National Highway Traffic Safety tionally involves very significant long-term Administration can be found at: www.ntl.bts.gov/ investments over a protracted period of time. lib/32000/32300/32356/6626_Countermeasures_01- Model for understanding traffic safety culture and the 06-10-v1.pdf Five year timeframe normative behaviour it engenders The five (rather than 10) year term could be renewed or extended. A shorter timeframe will help build and maintain momentum for jurisdictional initiatives.

Best practices A framework of best practices is core to the strategy. The framework consists of a multi-cell matrix of key target groups and contributing factors, along with a variety of road safety initiatives that jurisdictions may adopt to address their specific priori- ties. Jurisdictions will have the flexibility to adopt specific strategies depending on their suitability, feasibility (i.e.: resources) and acceptability (i.e.: operating environment). The framework is intended to be fluid, meaning that new target groups, contributing factors and suggested initiatives and strate- gies can be added over time, depending on the needs identified by jurisdictional members and research of best practices in other OECD member countries.

Visit www.ccmta.ca/crss-2015 for more information.

AUGUST / SEPTEMBER 2012 18 BLUE LINE MAGAZINE BLUE LINE MAGAZINE 19 AUGUST / SEPTEMBER 2012 BATH SALTS ABUSE by Rob Williams

The substance known on the streets as bath salts or plant food began increasing in popularity in North America in 2010, caus- ing a steady increase in visits to emergency rooms, mental health facilities and poison control centres. These substances, known in med- ical circles as methylenedioypyrovalerone (MDPV), are a group of designer stimulant hallucinogens. They work by inhibiting the re-uptake of neurotransmitters such as norepinephrine, dopamine and serotonin, resulting in a feeling of euphoria. Many users are attracted to the drug because of its cheaper street prices, easy availability, sensationalized media attention and belief that it is a legal high. The drug has a fine powdered sugar texture and ranges from pure white and gray to tan. It has a slight odour that has been compared to fish, which can worsen as it’s exposed to air and moisture. MDPV was first Officials of Illinois’ Macoupin County hold a news conference in February in advance of plan to identified in Japan in 2006 and designated a ban synthetic drugs like bath salts. Known euphemistically as “bath salts,” they are chemical concoctions that are sold over the Internet or on convenience-store shelves under names like designer stimulant drug. It became popular “Purple Wave,” “Zoom,” or “Cloud Nine.” in Europe the next year and eventually made its way to the United States. It is produced mostly in China, Pakistan and India. Effects high causes euphoria, resulting in increased The drug is commonly found in head When snorted, MDPV has similar ef- alertness, awareness and energy, and sex- shops, through known drug dealers and fects to ecstasy or cocaine. Its main effect ual stimulation that may last for 1-3 hours online. The names it’s sold under in Canada is a sense of euphoria. It has been noted that depending on the user and dosage. High include Cloud Nine, Rave, Ivory Wave, users also demonstrate an increase in body dosages have been know to cause users to Whack, Meow Meow and Ocean Burst. The temperature and blood pressure. Some of stay awake for days and they may not eat or product is usually labelled “not for human the more serious effects include seizures, drink during this time, which can also cause consumption,” an attempt to avoid govern- paranoia, hallucinations, high levels of vio- dehydration. The street price for the drug is ment regulations. lence and death. Many of the documented $25 per gram in the US and England. Although currently legal for sale in deaths, especially in younger people, are Canada, federal health minister Leona from suicide while under its influence. Signs and symptoms Aglukkaq announced in June that it will There have been no studies completed to First responders need to be able to identify soon be listed as a schedule 1 substance demonstrate the drug’s long term effects. the signs and symptoms of people suffering of the Controlled Drugs and Substances However, most users who stop abusing it negative effects after consuming large dos- Act. It is expected to be illegal to poses, have been identified as suffering from long- ages, usually over a number of days. Reports traffic, import, export or produce MDPV term psychological effects. indicate the effects of MDPV can be similar by fall of this year. Currently, it is listed Users of MDPV can become addicted to other drugs such as cocaine and ecstasy. as a controlled substance in most European in a matter of days or weeks. Many have Many abusers, when asked, will admit to using countries and the US. several re-admissions to medical facilities it as they do not believe they have committed The Maritime provinces have reported shortly after release from initial treatments. a crime. Abusers can show signs of extreme an increased presence of MDPV in the Recent studies have identified that abusers paranoia, fearing that their lives are in grave club scene. Police seizure and subsequent can enter a unique state known as “hallu- danger. Others have also reported deep de- testing has identified illegal drugs such cinatory delirium.” This results in extreme pression; suicide is common among MDPV as marijuana and cocaine mixed in with paranoid delusions and violent behaviour in users. Subtle signs can include chapped lips the MDPV. This is a serious concern, as response to vivid hallucinations. from dehydration, bloodshot eyes, headaches, users may be unaware they’re taking the grinding of the teeth and lethargy. additional drugs. Hospital records from Dosages the Atlantic provinces are indicating an Many users have reported the main Concern for police increase in the number of people being issue with the drug is the inability to con- MDPV has the potential to be fatal, admitted under the effects of MDPV. To trol the dosage and frequency of usage. however very few medical studies have been date, there have been no deaths in Canada Self-reported doses can range from only done to explore this concern. The few that do directly attributed to the drug. a few milligrams up to a few grams. The exist describe the manner of death as being

AUGUST / SEPTEMBER 2012 20 BLUE LINE MAGAZINE minutes after entering the hospital, went into cardiac arrest. He was revived and admitted into the intensive care unit. Over the next 42 hours he began to lose brain function, was eventually declared brain dead and died. Upon admittance to the hospital the pa- tient was unable to advise medical staff the amount or types of drugs he had consumed. In postmortem lab work, the man tested positive for MDVP. He also had a previous history of cocaine abuse. Although this case is non-typical, the signs displayed were similar to excited de- similar to that of excited delirium syndrome. lirium and have been noted in several other A US case study described a patient with a case studies where the patient made a full re- history of bipolar disorder who snorted and covery. Agitation and paranoia are two of the injected an unknown amount of the drug. He most common reported side-effects of MDPV became paranoid and believed people were abuse. This has the potential to increase the out to kill him. His delusions eventually likelihood of danger to the users and others. resulted in him becoming uncontrollable, Users have reported both hallucinations extremely aggressive and agitated. He also and paranoid psychosis. Many of the first began removing his clothes, most likely hand reports have indicated users have also because his body was overheating. abused other drugs simultaneously, which The suspect displayed violent behaviour has the potential to compound the negative and considerable strength when police con- effects of the drug. fronted him and it took three kinetic energy weapon applications to finally subdue him. He continued yelling incomprehensively Robert (Rob) Williams is a Peel Regional Police Service member with degrees in Sociology, Anthropology, Applied and behaving in an aggressive manner Criminology and a diploma in Disaster and Emergency during ambulance transport. Sedation was Management. He is currently working on a Masters in Dis- attempted unsuccessfully at the hospital. aster and Emergency Management through Royal Roads Eventually, without medical aid, the University. Contact him at [email protected] male became very quiet and distant and, five

BLUE LINE MAGAZINE 21 AUGUST / SEPTEMBER 2012 Zebra Centre helps abused children

by Anne Gray

Walk through the unassuming doors of the Edmonton-based Zebra Child Protection Centre and your eyes are immediately drawn to a beautiful rendering of a zebra whose stripes fill an entire canvas. A big stuffed bear wearing a pink tutu sits gracefully on the corner of the reception- ist’s desk. The walls throughout the centre are either soft, muted earth tones or vibrant jewel tones. “At the Zebra Centre, we work with chil- dren who have been physically or sexually abused. When they walk through these doors with their parents or caregivers, we want them to feel comfortable and safe above all else. I think we’ve achieved that goal,” says S/Sgt. Kent Henderson, Edmonton Police (From left) Andrew Seeley, Leah Gatti, Gerti Love of Zebra and S/Sgt Kent Henderson, Service (EPS) Child Protection Section. EPS Child Protection Section. The centre also works with adult victims who are cognitively delayed and clearly functioning at a level younger than that of the criminal justice process, including court cent of the Zebra files investigated by police a 16-year-old. preparation and referrals to counseling and result in criminal charges being laid. other important community services. Zebra Zebra team partners include the Stollery Children’s A child-friendly place A multi-disciplinary team of profession- Hospital Child & Adolescent Centre and the The Zebra team is very proud of the als work together at the centre, including 17 Crown Prosecutors Office. child-friendly centre, including the warm EPS officers. Many are directly partnered Specially trained volunteers play a cru- and inviting interview room. with social workers from the Edmonton & cial role and provide many support services “Having child-friendly interview rooms Area Child and Family Services Authority. – everything from welcoming new families results in the child being able to relax and The facility is operated by Zebra Centre, to accompanying children to court. provide us with the crucial information we a non-profit organization responsible for ad- Children who have been victimized and require as part of our investigations,” said dressing the integral tasks associated with their loved ones are interviewed by a trained Henderson. supporting victims and families. It provides forensic interviewer and gain access to the Younger children typically start their information and ongoing support through supports Zebra offers. Approximately 40 per interview sitting in an armchair. In no time you will see the interviewer and child both sitting on the floor having a fact finding, neutral conversation. “Each interview room features mics that accurately capture small, subdued voices,” explained Henderson. “Ceiling-mounted cameras record all interviews. In files where charges are laid, these recorded interviews may be played in court. A professional, forensic interview of a child can make all the difference in whether or not a perpetrator can be convicted.”

Going to court When a child must go to court, Zebra staff, volunteers and the Crown Prosecutor “all pull together,” said Henderson. “We

AUGUST / SEPTEMBER 2012 22 BLUE LINE MAGAZINE go out of our way to ensure the child feels Conviction rate protected, safe and supported at all times. The Zebra Centre enjoys an 80 per cent A few weeks prior to the actual court conviction rate in cases which go to trial, appearance, the Crown Prosecutor is intro- with the majority involving a guilty plea by duced to the child and family so they’re not the accused. facing a stranger. Becoming familiar with “It’s incredibly satisfying to put a perpe- them is another important step toward a trator behind bars. When we’re in court, successful court outcome. the entire investigative package, including Zebra volunteers prepare children to the child interview, may be presented by testify and show them what the courtroom the Crown,” noted Henderson. “Defense looks like. The child usually testifies from lawyers end up plea-bargaining with the behind a protective screen with two monitors Crown due to the strength of the child’s cred- in front of them – one showing the face of the ible disclosure interview conducted months person asking them a question and the other earlier at the Zebra Centre.” showing their recorded forensic interview. Delegations from across the country and This is integral in supporting the child and around the world have been drawn to the working toward a successful outcome. The centre because it has a stellar reputation for child does not have to see the face of the person who abused them unless identity is providing victim support, investigations and an issue. successful court outcomes. The Zebra team shares a strong commit- Satisfying work for detectives ment to supporting children and their fam- Interviewing a child takes a lot of pa- ilies and putting them on the path to healing. tience, kindness and expertise. “There’s “Children leave here knowing they are no question, it can be challenging to work not in trouble and with smiles on their faces here,” noted Henderson. and that makes all the difference in the world “I’ve been a cop for a long time. I know to us,” Henderson said. that when a call about child abuse comes in, not everyone is eager to respond to it. Those calls are tough. Hearing a little one Anne Gray is Senior Communications Specialist at talk about things that no child should ever . Contact her at Anne.Gray@ have to experience isn’t always easy but edmontonpolice.ca for more information or go directly to www.zebracentre.ca. knowing that we’re making a huge differ- ence in that child’s life is very satisfying... it keeps us going.”

BLUE LINE MAGAZINE 23 AUGUST / SEPTEMBER 2012 Cultured police officers by Nancy Colagiacomo

Valuable antiquities worth hundreds of thousands of dollars, including a marble head from the Roman Empire and a piece dating back to the fifth century BC, were stolen from the Montréal Museum of Fine Arts last October. The museum called in art recovery spe- cialist Mark Dalrymple, a London-based loss adjuster, who investigated the theft along with provincial police and AXA Insurance. This is not the first time pieces have been taken from the museum. In 1972, 18 paint- ings were stolen during a spectacular skylight theft in the middle of the night; only one has been recovered. Just one of the paintings, a Rembrandt, is worth $1 million, according to a 2003 Globe and Mail estimate. Hollywood romanticizes art theft or art- napping as glamorous and non-violent but experience paints a different picture. The truth behind art crime is far more sinister and intriguing. It is a melting pot of international organized crime, the drug trade and terrorism. Experts say most thieves have no idea of the ing rapidly and losses can easily climb to $20 value of what they steal and so wait until the million annually. estimated worth is reported on the news to fig- The success rate for recovering stolen art ure out what they can get on the black market. is quite low and prosecutions are relatively Although Interpol ranks art theft as the rare. In Québec alone, the SQ has investigated fourth largest criminal enterprise after drugs, no fewer than 450 cases related to art since money laundering and weapons, most countries 2004, making more than 20 arrests and seizing do not have specialized art police. Italy, known nearly 150 stolen or faked works of art with a for its heritage and history, reports between market value of more than $2 million. 20,000 and 30,000 art thefts each year. Its stolen the RCMP, Interpol and the CBSA. Richard McClintock is one of the more art squad, established in 1969, has 300 agents The specialized officers fight what is notorious criminals arrested. A Québec art and is the largest and most successful in the believed to be one of the fastest growing forger for 50 years, he sold copies of renowned world. Other countries such as France and Spain crimes. Members come from a wide variety paintings to galleries. Nearly 80 works were followed suit but Québec is the only Canadian of backgrounds. Some have (or are working seized, including replicas of Jean-Paul Rio- province to have a stolen art unit. toward) art history degrees while others have pelle, Paul-Émile Borduas and Marcelle Fer- Established in 2009, it works closely with expertise in counterfeiting. Art theft is grow- ron. He was charged with 72 counts of fraud, forgery and possession of property. Another suspect was arrested and charged with stealing bronze sculptures from parks and buildings. More recently the specialized unit arrested and charged two individuals for fraud and stealing 34 artworks estimated to be worth more than $250,000. They are believed to have used false identities and fraudulent credit cards to purchase works from art galleries. Retired Montréal police officer Alain Lacoursière founded the special unit. Be- lieving in the concept when no one else did, his perseverance and know how led to the art squad’s creation. Lacoursière obtained a masters degree and insisted members earn university degrees in art history. A little expertise in the field doesn’t hurt since that’s what it takes to distinguish between original and forged artworks. Not always an easy task since counterfeiters use an array of technology to produce fakes.

Nancy Colagiacomo is Blue Line Magazine’s Québec correspondent. Anyone with stories of interest on Québec policing may contact her at: [email protected].

AUGUST / SEPTEMBER 2012 24 BLUE LINE MAGAZINE It’s never too late by Danette Dooley Marie is also a retired “He’s a great man. He’s dedicated to the teacher and they have been job. He’s dedicated to the people. He’s just a Danny O’Keefe wasn’t sur- married 40 years. joy to work with, a joy to be around,” Cou- prised when several classmates Like teaching, policing lombe said. at the RCMP training depot has also been a rewarding Cpl. Kent Coish graduated a few years be- mistook him for an instructor in career, O’Keefe said. fore O’Keefe and heard his name long before 2000. At age 53, O’Keefe was “I have made a lot of he moved to the Trinity Conception District in 35 years older than his youngest community contacts from one Newfoundland less than a year ago. troop mate and decades older end of the district to the other. “I remember when he was going through than many others. All the people I worked with, Depot. The word around was that he was an “Before they got to know the RCMP, (Her Majesty’s older gentleman from Newfoundland, but that who I was, some of them Penitentiary), court staff and physically he was something to be reckoned would say, ‘Good morning, crown attorneys were excel- with in his troop,” Coish said. At the end of sir,’ until they realized I was lent to deal with. It’s been a the training, O’Keefe placed second in the in the class,” he said. great place to work,” he said. physical fitness assessment. It was O’Keefe’s second While it’s time to retire Coish said O’Keefe is always upbeat and time at depot and third time for a second time, O’Keefe positive and is well respected in the commun- applying to the force. likely won’t sit idle. His ity and the district. Young officers see him as A native of Ferryland, involvement in community a father figure, he said. Newfoundland, O’Keefe initially applied as activities will no doubt continue. “Sometimes, you don’t realize what you a young teenager out of high school. When Never one for “what ifs,” O’Keefe said if have until it’s gone and I believe that’s the way he didn’t meet the physical requirements, he you want something badly enough, go for it. it’s going to be with Danny’s retirement. We headed to Memorial University of Newfound- “It’s never too late to try something new will fill his position but he will be missed for land to earn a bachelor of education. or to pursue your life-long dream,” he said. a long time to come,” Coish said. He was accepted into the RCMP training Many people are inspired when they hear program in 1975 but left before graduation and O’Keefe’s story of how he went through train- returned to his job as a teacher. ing in 2000 and accomplished the goal he’d Danette Dooley is Blue Line’s East Coast correspondent. “The timing just wasn’t right for me back set back in the mid-1970s, said Sgt. Marc She can be reached at [email protected] then,” O’Keefe said. Coulombe, who worked with O’Keefe. He went on to earn masters degrees in educational administration and learning re- sources, as well as a certificate in criminology and taught for 30 years in his home province. By the time he retired from teaching in 1997, O’Keefe had spent a decade as an aux- iliary constable with the federal police force. He also served on the Ferryland town council, with the volunteer fire brigade and in numer- ous other community initiatives. O’Keefe returned to RCMP training depot in August 2000. Upon graduation, he was as- signed to the Trinity Conception District in Newfoundland. He did general policing duties for most of his career, prior to becoming court liaison for the district based in Harbour Grace, Newfoundland where he retired April 30. O’Keefe, who celebrated his 65th birthday April 4, was the second oldest RCMP officer in the country and the oldest in Atlantic Canada. He’s given many hours of his time to the Law Enforcement Torch Run in support of Special Olympics. He gets much more out of his involvement with the organization than he gives, he said. “I went to Québec City with them in 2008 for the winter games. There were something like 1,500-2,000 athletes gathered in a snow- storm on the Plains of Abraham. You just could see where you were, but not one of them complained. They just stayed there all through the opening ceremonies.” O’Keefe said his wife, Marie and his entire family have always supported him in both his working life and volunteer commitments.

BLUE LINE MAGAZINE 25 AUGUST / SEPTEMBER 2012 DNA evidence What every officer should know by the National Institute of Justice

In 1996, Gerald Parker – then serving time for a parole violation stemming from a 1980 child rape – was charged with raping and murdering five women between Decem- ber 1978 and October 1979 and killing a fetus during a 1980 rape. DNA samples from the crime scenes were run through California’s sexual assault/ violent offenders database and four of the cases were found to have been committed by the same perpetrator. After DNA tests linked Parker to the victims, he confessed to the crimes and a similar murder for which another man had been wrongly convicted and served 16 years in prison. Just as law enforcement officers have learned to look routinely for fingerprints to identify the perpetrator of a crime, they also need to think routinely about evidence evidence properly can solve cases in ways in a small town, province or even across that may contain DNA. Recent technology previously seen only on television. the nation. The saliva on the stamp of a advancements are enabling police to solve Evidence invisible to the naked eye can stalker’s threatening letter or the skin cells cases previously thought to be unsolvable. be the key to solving a residential burglary, shed on a ligature of a strangled victim can Investigators with a fundamental knowledge sexual assault or child’s murder. It also can be compared with a suspect’s blood or saliva of how to identify, preserve and collect DNA link different crime scenes to each other sample. Similarly, DNA collected from the perspiration on a baseball cap discarded by a rapist at one crime scene can be compared with DNA in the saliva swabbed from the bite mark on another rape victim.

Similar to fingerprints DNA is similar to fingerprint analysis in how matches are determined. Evidence collected from the crime scene is com- pared with the “known” print or sample. If enough of the identifying features are the same, the DNA or fingerprint is de- termined to be a match. However, if even one feature of the DNA or fingerprint is different, it is determined not to have come from that suspect.

What Is DNA? DNA, or deoxyribonucleic acid, is the fundamental building block for an individ- ual’s entire genetic makeup, is part of virtu- ally every cell in the human body and is the same in every cell. It is a powerful tool be- cause each person’s DNA is different except for identical twins so DNA collected from a crime scene can either link a suspect to the evidence or eliminate a suspect, similar to fingerprints. It also can identify a victim through relatives, even when no body can be found, and evidence from one crime scene can be compared with that from another and linked to the same perpetrator. Forensically valuable DNA can be found on decades old evidence however it can be affected by several factors, including the

AUGUST / SEPTEMBER 2012 26 BLUE LINE MAGAZINE environment (e.g., heat, sunlight, moisture, elimination samples to determine whether bacteria and mold). Therefore, not all DNA the evidence came from the suspect or evidence will result in a usable profile. DNA is contained in someone else. An officer must think ahead Further, just like fingerprints, DNA testing blood, semen, skin cells, to the time of trial and possible defences cannot tell officers when the suspect was at tissue, organs, muscle, while still at the crime scene. For example, the crime scene or for how long. if a residential burglary suspect may have brain cells, bone, teeth, drank a glass of water at the crime scene, an Where to look hair, saliva, mucus, officer should identify appropriate people, DNA evidence can be collected from perspiration, fingernails, such as household members, for future virtually anywhere and has helped solve urine, feces, etc. elimination sample testing. These samples many cases when imaginative investiga- may be needed to compare with the saliva tors collected evidence from nontraditional found on the glass. sources. One murder was solved when the In homicide cases, be sure to collect the suspect’s DNA, taken from saliva in a den- Transportation and storage victim’s DNA from the medical examiner tal impression mould, matched that from a When transporting and storing evidence at the autopsy, even if the body is badly bite mark on the victim. A masked rapist that may contain DNA, it is important to decomposed. This may serve to identify an was convicted of forced oral copulation keep the evidence dry and at room tem- unknown victim or distinguish between the when the victim’s DNA matched a sample perature. Once secured in paper bags or victim’s DNA and other DNA found at the swabbed from the suspect’s penis six hours envelopes, it should be sealed, labelled and crime scene. after the offence. transported in a way that ensures proper When investigating rape cases, it may Numerous cases have been solved by identification of where it was found and be necessary to collect and analyze the DNA DNA analysis of saliva on cigarette butts, proper chain of custody. of the victim’s recent consensual partners, if postage stamps and the area around the Never place evidence that may contain any, to eliminate them as potential contribu- mouth opening on ski masks. Analysis of DNA in plastic bags because they retain tors of DNA suspected to be from the perpe- a single hair (without the root) found deep damaging moisture. Direct sunlight and trator. If this is necessary, it is important to in the victim’s throat provided a critical warmer conditions also may harm DNA, so approach the victim with extreme sensitivity piece of evidence used in a capital murder avoid keeping evidence in places that may and provide a full explanation of why the conviction. get hot, such as a room or police car with- request is being made. When possible, the out air conditioning. For long-term storage help of a qualified victim advocate should Evidence collection and issues, contact your local laboratory. be enlisted for assistance. preservation Investigators and laboratory personnel Elimination samples For further information you may refer to www.dna.gov/ should work together to determine the most As with fingerprints, the effective use of audiences/investigators/ probative pieces of evidence and to establish DNA may require collecting and analyzing priorities. Every officer should be aware of important issues involved in identifying, collecting, transporting and storing DNA evidence. These issues are as important for the first responding officer as they are for the experienced detective and crime scene specialist. Biological material may contain hazard- ous pathogens such as HIV and the hepatitis B virus that can cause potentially lethal diseases. Given the sensitive nature of DNA evidence, officers should always contact laboratory personnel or evidence collection technicians when collection questions arise.

Contamination Because extremely small DNA samples can be used as evidence, greater attention to contamination issues is necessary when identifying, collecting and preserving sam- ples. Evidence can be contaminated when DNA from another source gets mixed with that relevant to the case. This can happen when someone sneezes or coughs over the evidence or touches his/her mouth, nose or other part of their face and then the area that may contain the DNA to be tested. A new technology called “PCR” repli- cates or copies DNA in the evidence sample so the introduction of contaminants or other unintended DNA can be problematic. With such minute samples being copied, extra care must be taken to prevent contamination. The PCR process will copy whatever DNA is present; it cannot distinguish between a suspect and DNA from another source.

BLUE LINE MAGAZINE 27 AUGUST / SEPTEMBER 2012 AUGUST / SEPTEMBER 2012 28 BLUE LINE MAGAZINE BLUE LINE MAGAZINE 29 AUGUST / SEPTEMBER 2012 CPC introduces new funding for Aboriginal police by Tony Palermo

Nine proud Aboriginal police officers representing the Treaty Three Police Ser- vice, Kahnawake Mohawk Peace Keepers and Nishnawbe-Aski Police Service gradu- ated from the Canadian Police College’s (CPC) Senior Police Administration Course (SPAC) February 23. Their success would not have been possible without help from the newly created Aboriginal Professional Policing Development Fund (APPDF). “This is a good news story for Can- adians,” says Insp. Lennard Busch, Dir- ector, Professional Development Centre for Aboriginal Policing (PDCAP). “The APPDF allows First Nations police ser- vices access to advanced and specialized training – training that was previously out of reach due to underfunding and fiscal restraints.” The CPC created PDCAP in 2006 based on the findings of a training needs assess- February 23 marked a special graduation day at the Canadian Police College for the ment it conducted earlier at the request of the first group of Aboriginal Professional Policing Development Fund recipients. From First Nations Chiefs of Police Association. It left-to-right are: Back row: Cpl. Kenneth Montaur and Investigator Thomas Lahache showed significant training gaps in several of the Kahnawake Mohawk Peacekeepers, Sgt. Merle Loon (Nishnawbe-Aski Police areas and concluded officers serving in Ab- Service). Front row: Fred Semerjian and Roger Wright of the RCMP Foundation, Sgt. original communities had a unique dual-role Jackie George, Cpl. Stephen Stacey, Cpl. Landon Meloche and Cpl. Margaret Meloche since they operate as both peace keepers of the Kahnawake Mohawk Peacekeepers, Insp. Lennard Busch (Manager, PDCAP), and traditional law enforcers. It recognized A/Comm. Cal Corley (DG CPC). Photo courtesy of the RCMP Aboriginal police services needed more culturally appropriate and relevant training to effectively respond to the unique legal, emotional and cultural aspects of policing their best, the Motorola Solutions Founda- the SPAC course personnel, I developed a their communities. tion supports training programs for first business case in the area of policing career “First Nations and Aboriginal commun- responders and the general public around the preparation,” she says. Her chief approved ities in Canada rely on their police service globe,” says director Matt Blakely. “When it immediately. as a social safety net,” explains Busch. the RCMP Foundation approached us with This year, it was originally expected the “Standardized policing methods used by lar- the idea to provide this kind of training we APPDF would cover training and related ger police services in municipalities across felt it was a natural fit that filled an import- travel costs for at least 30 Aboriginal police Canada may not necessarily be transferable ant need.” officers from across Canada. That number to an Aboriginal community’s needs and Sgt. Jackie George is a 13-year veteran is now closer to 50 and applications are still demands.” of the Nishnawbe-Aski Police Service, a coming in. While PDCAP had a very positive im- service of 150 sworn members that polices “I don’t believe I would be amiss in pact once it was introduced, Busch says CPC upwards of 30,000 people spread over speculating that of the 50 we have registered, really wasn’t seeing the numbers coming 210,000 square miles. George was part of the 45 or more would most likely not have through that it originally expected. first graduating group to receive funding and had the opportunity to access the training “We found out budgetary concerns knows first-hand how important the APPDF by other means,” says Busch. “As I said were the biggest hindrance for these police is to Aboriginal police services. earlier, this really is a good news story for services to attend training,” he notes. “It “Training opportunities are limited due Canadians.” wasn’t that they didn’t want to go, it was to the extreme funding limitations placed on that they couldn’t afford to go. The money First Nations policing,” says George. “The just wasn’t there.” funding from the APPDF allowed me to at- Visit www.cpc.gc.ca/en/APPDF to learn more. Busch set out to find a solution and, tend CPC and take a well-known, respected together with the RCMP Foundation, went course that I might not have otherwise had Tony Palermo is Blue Line’s correspondent for the looking for other partners. Motorola Solu- the opportunity to take.” Eastern Ontario & Western Quebec region. A freelance tions stepped up to the plate and under its George, whose responsibilities include writer and former federal corrections officer, he is working philanthropic arm, the Motorola Solutions both media relations and recruiting, remarks on his first book about the 2009 murder of Ottawa Police Cst. Eric Czapnik. Contact: [email protected] or www. Foundation, donated a whopping $100,000 that the course had an immediate, positive tonypalermo.ca. to help create the APPDF. impact. “To help public safety professionals be “With the instruction and guidance of

AUGUST / SEPTEMBER 2012 30 BLUE LINE MAGAZINE DISPATCHES

Stephen Tanner, currently the police chief in Kingston, will take over the top job at Halton Regional police in September. He will replace Chief Gary Crowell, who retired June 2. Tanner started his policing career as a constable in the Halton force for 16 years before moving up the administrative ladder with police services in Guelph, Belleville and more recently Kingston. He was also recently elected president of the Ontario Association of Chiefs of Police. “This is very much an opportunity to return home,” said Tanner in a release, noting he was born and raised in Oakville. Acting Deputy Chief Andrew Fletcher will head the force until Tanner is ready to take over Sept. 1. •••• was named Canada’s international development minister in July, tak- ing over the country’s $5-billion foreign aid program. Fantino had been the Associate Defence Min- ster responsible for overseeing the F-35 stealth fi ghter program and other military procurement projects. Fantino was responsible for Ontario’s aid assistance to the United States after hurricane Katrina, and he trav- elled to Pakistan in 2008 as part of the province’s contribution following a devastating earthquake. Fantino had a long career in law enforcement that saw him rise through the ranks to become in London, Ont., York Region and Toronto before taking on the role of OPP Commissioner. He entered federal politics two years ago by win- ning a byelection to become the MP for the Ontario riding of . •••• Jacques Delisle is believed to be the fi rst Canadian judge tried for murder in Canadian legal history. A jury came down with the fi rst-degree murder ver- dict in June at the Quebec City courthouse. It had deliberated for three days. The retired Quebec Court of Appeal justice was ac- cused of fi rst-degree murder in the slaying of his wife, Marie-Nicole Rainville, on Nov. 12, 2009. Delisle’s lawyer claimed that Rainville committed suicide. The pros- ecution told a different story: that the 77-year-old ex-judge shot his wife because she was an obstacle to his plans to live with his former secretary, with whom he was having an affair. •••• Supt. Craig Gibson has been appointed Prince Edward Island’s new command- ing offi cer. RCMP Commissioner Bob Paulson made the an- nouncement on June 15. Gibson was formerly the district policing offi cer for Southwest Nova, based in New Minas, Nova Scotia. He has 30 years of policing experi- ence, including a stint with the detachment in Alberton, P.E.I., in the late 1980s. He takes over the position of chief superintend- ant from Tracy Hardy, who will become the new commanding offi cer for Newfoundland and Lab- rador. Hardy comes with 31 years of experience with the RCMP. Much of her experience had been with western and northern Canada postings. Gibson and Hardy are expected to change over command in September.

BLUE LINE MAGAZINE 31 AUGUST / SEPTEMBER 2012 1 MORE IS LESS

Carbine training challenges by Matthew Kirkpatrick

Police patrol carbine programs are becoming very common in Canada. Given suitable training environment. quickly after closely following convention- their increased range, it may be challen- A new product may solve this problem al bullet trajectory out to 100m. Nearly all ging for some police services to find a for many agencies. Simunition Shortstop rounds, regardless of the angle from which safe and suitable place to train with center short range training ammunition (SRTA) they’re fired, will be on the ground before fire rifles. is now available in 5.56 mm – suitable 350 meters thanks to four small vanes on The range danger template for standard for police patrol carbines such as the Colt the nose of the bullet. 5.56 mm ball ammunition is 3.3 km long. Canada C8. The maximum range danger The bullet is constructed from an injec- This is much larger than ranges for pistols template for SRTA is only 600 m, less than tion molded nylon and copper mix that is and occasional shotgun use were designed that of 9mm. completely frangible and easily stopped for. Urbanization and residential encroach- This new ammunition is designed by ¼ inch steel plate. The curved outline ment of many existing police ranges has to destabilize very quickly outside the (ogive) closely resembles standard am- only complicated the challenge to find a muzzle, lose velocity and fall to the ground munition and feeds reliably in any firearm

AUGUST / SEPTEMBER 2012 32 BLUE LINE MAGAZINE obvious to any service with patrol carbines and limited access to ranges designed for rifles. The US Army has converted some older conventional ranges with limited space into combat ranges capable of firing 360 degrees using SRTA. The ammunition is non-toxic and fran- gible, making it an ideal choice for indoor ranges previously certified only for pistol calibers. This will also be of interest to any service facing environmental scrutiny on their range programs. The bullet, primer designed for 5.56 mm or .223 Rem. steel plates from 30 metres and then three and propellant contain no heavy metals. I obtained a sample of several hundred meters to determine frangibility. Several The ability to shoot at close range on steel rounds and tested it in a number of scenar- rounds were fired at a steel plate from 1 reactive targets safely adds flexibility and ios through a Colt C8 IUR at the MILCUN meter through a cardboard target 50 cm interest to any range training program. Range Complex near Minden, ON. from the steel plate to check for splash Shortstop short range training ammu- Groups were fired on paper targets back. nition provides a unique opportunity to alongside military full metal jacket am- There were no fragment holes through enable or enhance patrol rifle training for munition at 25, 50, 70 and 100 m to test the cardboard. The remainder of the maga- agencies with limited rifle range access for accuracy and ballistic match. zine was fired in automatic bursts from 2m or indoor facilities. The potential cost The marketing literature claims a bal- with no splash back. The C8 was zeroed for savings of using existing pistol ranges for listic match to 25 metres however it was conventional ammunition yet all shots on rifle training can’t be ignored. The fact nearly a perfect ballistic match out to 50 twelve inch steel plates with SRTA were that it is non-toxic and frangible is just an m. While the SRTA impacted noticeably solid, centered hits. added bonus. low beyond that, it was still close enough The SRTA performed accurately for most training purposes out to 100 enough to be used in all but the longest- metres. Since the ammunition works by range patrol rifle qualifications that I Matt Kirkpatrick is a technical communication consultant specializing in firearms training and documentation. He destabilizing the projectile, all impacts have witnessed. It was reliable, with no has 20 years of military experience, including deployments were disconcertingly sideways, however malfunctions, and would be a transparent to Afghanistan and Bosnia and has trained soldiers and the groups were astonishingly tight and change for any user to switch to for train- police officers across Canada and internationally for more than 10 years. He may be contacted by email to: there were no stoppages. ing or evaluation. [email protected]. A full magazine was fired at painted The benefits of SRTA will be immediately

BLUE LINE MAGAZINE 33 AUGUST / SEPTEMBER 2012 The Grandparent Scam by Nancy Colagiacomo have tripled compared to the first as the anti-fraud centre. All were part of 2011. eager to participate.” Longueuil police have been confronted In a new twist this past win- Victims have no choice but with an increasingly common kind of scheme; ter the modus operandi took a to go to the bank teller. The trans- fraudsters feeding off vulnerable senior citizens new turn. The basic idea remains actions can’t be done by Interac to fill their pockets. the same but the caller says that considering the large amounts Incidents were first reported roughly two someone will go directly to the requested. “We had to be proactive years ago across the country and about a year senior’s home or some other with the staff. The public affairs ago in Quebec. The suspects operate by placing nearby location to pick up the unit was also put to work in mak- phone calls to the victim’s home passing them- money. In all reported cases the ing this campaign a success. Press selves off as the grandchild or a friend of the victim was warned not to contact releases, live interviews and sev- grandchild and giving a bogus story about be- another family member saying eral news features were a big part ing in trouble, in an accident, having a medical that their grandchild would face of the programs success. Media problem or having been arrested and being in serious consequences from the coverage helped shed light on the urgent need of money. parent or fear shame. matter by reaching out to victims Police don’t know how the caller has access This direct contact is of great who had yet to file a report. to the names of victims’ grandchildren but it is concern to the Service Police Ag- A total of 80,000 brochures suspected it could probably be through social glomeration Longueil (SPAL). were printed with the heading networking sites. Often these calls are purpose- “Considering this new per- “Did someone phone you to ask ly placed from a busy sector thus amplifying sonal contact element, it was you for money in an urgent man- surrounding noise to camouflage their voice. In crucial that something had to be done” says ner?” It continues: “Before giving or sending addition many gradparents are unfamiliar with Annie Gougeon, Detective Lieutenant respon- money to someone always ask a family member the sound of their grandchildren’s voices espe- sible for the specialised crime unit. “Traditional about it first.” Officers then visited close to 100 cially over the telephone. Amounts solicited can prevention methods were simply not enough, banks and financial establishments, meeting range anywhere from $2000 to $5000 and are we analysed the reported incidents over the past with bank authorities and elderly clients to help sent through currency exchange companies to 18 months and came to the conclusion that we raise the awareness of this scam. overseas bank accounts. needed to work with our partners within finan- According to the specialized crime unit, this In the first part of this year alone complaints cial institutions, the bankers association as well type of crime is difficult to investigate. Suspects use phone lines and shipment methods that journey across several countries and continents making it difficult to locate the actual origin. The age of the victims is also a challenge be- cause of their fragility and fear of repercussions if they report the suspects. The program is not only targeted to the elderly, but in some cases their families and bank personnel as well. The true picture of crime is not known for several reasons. Victims are often reluctant to file complaints because they feel naive, guilty, and stupid and are wor- ried about arguments with their children. Police 9-1-1 dispatch operators also had to be made aware of the scam; in most instances they are the first contact with the victims. Provid- ing them with the knowledge of asking proper questions can, in many cases, lead to an arrest. They encourage callers to validate the informa- tion provided by third parties believed to be rela- tives before transferring or delivering any money. Recently police arrested a suspect in seven cases of fraud with seniors and suspect the individual of being involved in other cases where victims did not report the fraud. The shame of having been deceived causes many seniors to not complain or not to inform their families. For this reason police believe this type of fraud has claimed many more victims than have been reported.

Nancy Colagiacomo is Blue Line Magazine’s Québec correspondent. Anyone with stories of interest on Québec policing may contact her at: [email protected].

AUGUST / SEPTEMBER 2012 34 BLUE LINE MAGAZINE Order of Merit of the Police Forces

Chief Stephen J. Tanner, O.O.M. Sergeant Michael J. MacDonald, , ON M.O.M. Royal Canadian Mounted 2012 Appointments Police, Milton, ON The Order was created in 2000, to recognize con- spicuous merit and exceptional service by members and employees of the Canadian police forces Chief Matthew A. Torigian, O.O.M. Constable Linda A. Malcolm, M.O.M. whose contributions extend beyond protection of Waterloo Regional Police Service, ON Vancouver Police Department, BC the community. Three levels of membership with post-nominal letters reflect long-term, outstanding service: Commander (C.O.M.), Officer (O.O.M.) and Member (M.O.M.). Sergeant Michael A. Novakowski, MEMBERS M.O.M. Abbotsford Police Depart- Sergeant Jocelyn April, M.O.M. ment, BC PRINCIPLE COMMANDER Sûreté du Québec, Montréal, QC Royal Canadian Mounted Police Commisssioner Robert Paulson Inspector Trent Rolfe, M.O.M. Royal was inducted as Principle Com- Canadian Mounted Police, Surrey, BC mander of the Order of Merit of the Mr. Alexandre Beaudoin, M.O.M. police forces by His Excellency the Sûreté du Québec, Montréal, QC Right Honourable David Johnston, Governor General of Canada Sergeant Daniel Patrick Russell, M.O.M. Royal Canadian Mounted Maître Francis Brabant, M.O.M. Police, London, ON COMMANDER Sûreté du Québec, Montréal, QC Chief William Sterling Blair, C.O.M. (This is a promotion within the Order) Inspector Sean Ryan, M.O.M. Royal , ON Newfoundland Constabulary, NL Staff Sergeant Patrick Adrian Cahill, M.O.M. Royal Canadian Mounted Police, Placentia, N.L. OFFICERS Detective Constable Jonathan P. Assistant Commissioner Roger L. Sergeant François Caron, M.O.M. R. Sheldan, M.O.M. Victoria Police Brown, O.O.M. Royal Canadian Sûreté du Québec, Montréal, QC Department, BC Mounted Police, Regina, SK

Superintendent William Stewart, Chief Constable Michael Robert Assistant Director General Fran- M.O.M. , ON Chadwick, O.O.M. Saanich Police çois Charpentier, M.O.M. Sûreté du Department, BC Québec, Montréal, QC

Chief Superintendent Richard Bruce Superintendent Mario Di Tommaso, Superintendent Deborah A. Clark, O.O.M. Toronto Police Service, ON Taylor, M.O.M. Royal Canadian M.O.M. Hamilton Police Service, ON Mounted Police, Edmonton, AB

Director General Robert C. Fahlman, Deputy Chief Andrew M. Fletcher, Deputy Chief S. Brent Thomlison, O.O.M. Royal Canadian Mounted M.O.M. Halton Regional Police Ser- M.O.M. Waterloo Regional Police Police, Ottawa, ON vice, ON Service, ON

Chief Robert Philip Johnston, O.O.M. Chief Inspector Yves Guay, M.O.M. Inspector Scott A. Thompson, M.O.M. Royal Newfoundland Constabulary, NL Sûreté du Québec, Cap-de-la-Ma- Vancouver Police Department, BC deleine, QC

Deputy Chief Constable Douglas A. Sergeant John Mark Houldsworth, Inspector Richard Wayne Votour, LePard, O.O.M. (This is a promotion M.O.M. , ON M.O.M. Royal Canadian Mounted within the Order) Vancouver Police Police, Fredericton, NB Department, BC

Chief Thomas Mathew McKenzie, Deputy Chief Constable Richard Deputy Chief Alan Williams, M.O.M. O.O.M. Lethbridge Regional Police John Lucy, M.O.M. Abbotsford Police , ON Service, AB Department, BC

Photo credit: MCpl Dany Veillette, Rideau Hall © Office of the Secretary to the Governor General (2012)

BLUE LINE MAGAZINE 35 AUGUST / SEPTEMBER 2012 DEEP BLUE by Dorothy Cotton

Seeing beyond your experience

A friend recently earned his PhD. That’s of the more straightforward stuff police used not a really big deal in my line of work. to do. What is left is often more complex. You actually HAVE to have a PhD or other Nowadays, your average police officer has doctoral degree in most areas of Canada to to have a grasp of complicated and multi- be a psychologist, so I hang around with a faceted social issues, ethical dilemmas and lot of PhDs. Thus, none of us are terribly the intricacies of legislation. impressed with the rest of us. Evidence suggests more highly edu- However, this friend is not a psycholo- cated officers engender fewer complaints gist – he is a retired police officer and no from citizens, due in part to having a less spring chicken. I believe he has celebrated dogmatic and authoritarian approach to his 29th birthday at least 30-something times their work. Officers with post secondary now so I consider earning a degree quite a education tend to be more “professional” monumental feat. When I reflect on this, two (whatever that means), may receive better thoughts come to mind: to know your op cits and ibids from your performance appraisals and are less likely 1. Congratulations!! Well done! modus operandi and mens rea? to use force. 2. Are you out of your mind? Why on earth…. Back in the day, higher education was a Within my little area of particular inter- These thoughts are not unique to me. I no-no for police officers. Rumor has it that est, police with degrees are more likely to may be over-educated but I am not deaf. I they even weeded out candidates who were refer people with mental illnesses to psychi- hear many of you sniggering about “piled too bright because (1) they would be smarter atric services and are less likely to arrest higher and deeper,” lack of common sense, than their bosses (I am not touching this one them. Generally, officers with post second- no-real-life experience and too much book with a ten metre pole) or (2) they would ary degrees have been found to be more learning. Yeah, I get all that. I definitely have their head in the clouds and get shot open-minded and, not surprisingly, generally know some PhD people who are more than while pondering options and philosophizing. do better at the academy level. a little odd around the edges. They would be I know some of you think this is still true But wait! What about the study show- odd even without a PhD, I might point out. because you e-mail periodically to tell me ing people with arts-related bachelors and That’s a whole ‘nuther story. so but I have to tell you, the facts are not masters degrees did better on all sorts of Today’s story is more general and asks in your favour. measures than officers with criminal jus- a rather generic question: is it useful for a There is some pretty decent evidence tice and law enforcement-related degrees? police officer to have some “higher educa- that officers with post secondary education What about the studies that show people tion?” In this context, “higher” means past (particularly degrees rather than diplomas) with just a high school diploma tend to do Grade 12. I am willing to take it as a given actually do perform differently – and often better earlier on in their careers, right out that most people are not dying to get a PhD better. To some extent, this reflects changes of police academy, compared to officers (and having been-there-done-that, I am in the nature of policing over the years. To with degrees? What about the several stud- unlikely to disagree), but what about your avoid boring you to death I will refrain from ies showing there are really no differences basic degree or diploma? citing references and quoting data – but I between groups and that people who started Does all that book learning get in the think we are all familiar with the notion that a degree and never finished it were the worst way of solving “real life” situations? Or policing has become increasingly complex of the lot? does it convert you into a superior human in recent years. Apparently, the relationship between being, capable of leaping tall buildings with Less specialized people – like bylaw formal education and performance as a single footnote? Is it important in policing enforcement and security officers – do a lot a police officer is not so simple. The

AUGUST / SEPTEMBER 2012 36 BLUE LINE MAGAZINE research literature says this – and so does and needs to be considered only when my personal experience. I know some one knows for sure that a person has the cracker jack senior officers and chiefs with basic competencies required for all police only a high school diploma – and some real officers. morons with degrees (both in policing and I suspect the value of higher education elsewhere). I also know there are degrees... increases as one goes up the hierarchy and degrees. and the issues become more obtuse and Some of the research in this area has less well defined. I am fairly convinced investigated (for example) officers who live that people who openly disparage higher and work in rural Louisiana and attended education have a lot to learn from people schools that sell degrees. I am not sure who have it – but they will never learn that. this research generalizes to the Canadian I REALLY strongly feel education is context. There is also a huge difference not something you get before you are 25 between a community college diploma in and then forget about. It is too bad there police foundations and a masters degree are not any studies looking at people who in political science. I am not saying one is complete degrees after becoming police better or worse – just that they are different. officers. It’s likely not the specific content It’s not surprising that when you lump these of a degree program that matters. If it did, folks all together, the results are kind of a the criminal justice majors would be run- mess research-wise. ning the world. I believe that any knowledge or experi- What is important is learning to think ence leading one to have a broader per- differently from how you might naturally spective, an open mind and good problem think – seeing beyond your own experience, solving skills has got to make for better considering options, learning to change police officers in the long run. You might be and knowing how to identify a problem or able to get this knowledge and experience weakness and sort out ways to address it. working at the local bar or on an assembly Is it ever too late to learn these things? line but it would be easier to get it – and to Hell no – no matter how many 29th birth- prove that you got it – in school. days you have had. People who start things and don’t finish them (e.g. drop out of school) need to have a good explanation of why they chose that Dr. Dorothy Cotton is Blue Line’s psychology path. I am pretty sure that while formal columnist, she can be reached at [email protected] education is important, it is not sufficient

BLUE LINE MAGAZINE 37 AUGUST / SEPTEMBER 2012 TECHNOLOGY by Tom Rataj Security in the mobile and BYOD world

It’s sometimes difficult to fathom how computer users. It can also be installed on much the mobile computing world has devices where it was not pre-installed. changed. Laptops and their smaller siblings, Since it is loaded and run from the firm- the netbook, ruled the market just two or three ware, it goes into action before the computer years ago but high-speed cellular data, smart- operating system even loads, making it far less phone and tablets took over in very short order. vulnerable to discovery or tampering. Near universally available high-speed The company’s products permit or- cellular Internet access (if you can afford it) ganizations to centrally manage all their IT allows users to do virtually any computing infrastructure (not just mobile) and includes tasks on the go, anytime and anywhere, with inventory control and management, dealing a pocket-sized device that outperforms with lost and stolen devices, software policy full-fledged computers from just a few control and enforcement and password secu- years ago. rity enhancements. An increasingly mobile Additional features include remote de- workforce and people wanting letion of sensitive data, freezing a device, always-on Internet access, often displaying custom messages and tracking the primarily for social-media applications like device’s location using geotechnology. Digital Facebook and Twitter, have embraced these forensics can be used to monitor and record devices and their go-anywhere ability. affordable and reasonable to precisely what is being done on a particular Freeing computing power from the rela- implement and manage but its more of a device. Many of the features work even if the tive safety of the desktop and office environ- problem for smaller organisations because device is off the corporate network, allow- ment poses a variety of risks to the safety of they typically don’t have the in-house exper- ing organizations to constantly monitor and the device, the often private and/or confiden- tise or budget to make it all happen. control their mobile assets. tial nature of the data on it and the reputation If data deletion is required (such as with of the company, organisation or individual to Remote control a stolen device), it can first be frozen to stop which it belongs or is associated. Fortunately, none of this should stop any unauthorized use and access to the data on it. A Theft or loss of the device is obviously the individual or organization from getting eve- message directed at the unauthorized user can first and foremost threat. In most cases, I sus- rything under control, because there is help be displayed on the screen. Custom messages pect the value of the hardware is the payoff for out there. Absolute Software Corporation is can also be used for operational purposes such thieves and other “finders” of laptops, smart- a world leader in managing device and data as service requests and leased device returns. phones and tablets. This is not to diminish or security on desktop and mobile devices of On devices where data deletion has been per- discount the value of the data or the smaller almost any kind. formed, the system can provide a complete audit risk posed by targeted thefts, where the data Its LoJack for Laptops product was revo- trail to prove that the deletion occurred complies is the truly valuable commodity being sought. lutionary when introduced several years ago, with corporate or government regulations. Computer viruses, malware and hacking offering hope to people looking for their lost Computrace geotechnology utilities can also pose a variety and degree of risk that or stolen laptop. The core of the technology be employed in a number of ways. Using WiFi should not be discounted, particularly when is now installed on most laptops during the (and GPS if the device has it), the company these mobile devices are used on free WiFi manufacturing process and can be activated for can track the physical location of devices so networks such as at the neighbourhood cof- $40 for a one year licence or $90 for three years. organisations know their location 24/7 and fee shop. The technology routinely checks-in with whether they’ve been lost or stolen. Virtual When the mobile office trend began, key the Absolute system when connected to the In- “geofences” can be created for devices, which personnel were issued company-owned devic- ternet, establishing a trail of known locations. alert system administrators if they are moved es but that too is now rapidly changing. Many If and when a laptop is reported stolen, the sys- outside a predefined permitted area. private companies have begun permitting em- tem flags it and a recovery team springs into The service functions with almost all ployees to Bring Your Own Device (BYOD); action to locate it the next time it checks-in. Microsoft Windows computers and Macs us- the employee chooses what they wish to use Using a variety of techniques, including ing OSX v10.3 or higher whenever they are and, in some cases, even provides it. the location of the Internet Protocol (IP) ad- connected to the Internet. Some companies allow staff to choose dress, they then liaise with the local police Computrace Mobile offers virtually all of the from a pre-approved list of devices, offering service to make the recovery. The company above utilities but is designed to run on a wide a variety of funding arrangements including is so confident in its product and investigative variety of mobile devices, including Windows picking-up the entire tab, cost-sharing the recovery team that it offers a refund of up to XP and up (with some exceptions), Blackberry device and/or data plan or some other kind of $1,000 if a laptop is not recovered. 4.5 or later, Windows Mobile 5 and up, Win- mutually agreeable arrangement. Absolute has expanded its software of- dows Phone 7.0 and later, Android 1.5 and later BYOD carries a huge number of serious fering substantially with a complete suite of and Symbian (Nokia) S60 3rd edition or later. ramifications to the entire mobile computing mobile device management, control, tracking The device must have an Internet con- and smartphone arena. Companies previously and recovery services under the Computrace nection, Microsoft IE or Firefox 3 or later or could control the entire environment – hard- brand. Many computer manufacturers embed Apple’s Safari browser. ware, software and applications – but BYOD its “persistence module” into the firmware The company’s numerous recoveries has quickly eroded that. of new computers – desktops, portables and range from the ordinary – officers surprise For larger organizations, controlling tablets – where it resides virtually tamper- the unsuspecting buyer of a stolen laptop and all these risks and threats is probably fairly proof and invisible to all but the most skilled promptly confiscate their computer “deal” – to

AUGUST / SEPTEMBER 2012 38 BLUE LINE MAGAZINE the extraordinary. Recovery teams have helped lead police to individuals engaged in a wide range of other criminal activities, including Crime Stoppers drugs, weapons, explosives, identity theft and stockpiles of other stolen property. Many of There’s an App for that these collateral finds also include outstanding warrants for various offences and breaches of A Toronto police and Crime The app does not collect bail and probation orders. Stoppers smartphone app that emails, phone numbers, names lets users anonymously report or locations. When people Visit www.absolute.com for additional crimes at the touch of a but- submit a tip, they are provided information. ton was launched in July. It is a unique ID and password that believed to be the first of its kind they can use to communicate Free alternatives in North America. with Toronto Crime Stoppers Several free security utilities offer most of Toronto police said they and vice versa. the basics. Aimed more at individual smart- expect its use will quickly spread People can opt to use - or phone owners, they include Blackberry Protect, to other jurisdictions across not to use - GPS when they Apple’s Find My iPhone and Prey (Android). Canada and the United States. It download the app. Crime Stop- There are some inherent dangers in using these will give police far more resour- pers hopes bystanders will “feel ces than traditional telephone more empowered to be socially services unless police are informed of the theft tips to Crime Stoppers, said app responsible and take action,’’ and invited in on the recovery or return. developer Steve Nesbitt from Douglas said. The app went Properly managing, controlling and se- Cellflare.com. into action the last week of June curing mobile devices against loss and theft “A video tip and a picture tip and it had 1,000 downloads. is increasingly important. The recent crime (are) worth a thousand words, Toronto area Crime Stoppers trend of snatching smartphones and tablets versus somebody phoning in and, you know, currently receives more than 200 anonymous right out of user’s hands, thefts from cars and briefly describing the situation they just saw,’’ tips each week. homes and unattended and forgotten devices Nesbitt said. The app also includes a database of some presents serious liabilities for businesses and The app includes interactive features that of the city’s wanted criminals, social media enable Toronto-area residents to alert police in updates and a GPS locator to nearby police even individuals. real time about a crime or potential crime through stations. “Whether it’s schoolyard bullying, Many smartphones cost upwards of $500 photos, video, emails, text and a button that drug abuse or shootings, we need Toronto’s if purchased without carrier subsidies, making autodials Crime Stoppers. residents to step up and help keep our neigh- replacement an expensive proposition. The value of Crime Stoppers is in the ability bourhoods safe with information on criminal to report crimes without fear of being identified misconduct,’’ said Toronto Crime Stoppers and the app will still ensure anonymity, said chairman Gary Grant. “Ultimately we have a Tom Rataj is Blue Line’s Technology columnist and can Const. Martin Douglas, a Toronto Crime Stop- responsibility to look out for each other.’’ be reached at [email protected]. pers youth and social media officer.

BLUE LINE MAGAZINE 39 AUGUST / SEPTEMBER 2012 LAW ENFORCEMENT WEST OF THE ROCKIES

and additional witnesses located, the case for any of a variety of reasons – and not ne- Part 3 still remained circumstantial and lacked a cessarily always law-related (dare I mention confession. Nevertheless, we put together an bad days, over-worked, back-logged?). Then, External Pressures updated, restructured court brief, presented a while Crown counsel sits behind his/her desk copy to the Crown attorney and told him we within the protective bowels of a government intended to lay a murder charge. His response building, police must return to face and try to by Andrew F. Maksymchuk was unexpected; skeptical of the validity of explain their reasons to a disbelieving public testimony from a main witness and our overall and a distraught and angry victim. They also The power of the Crown case material, he made it quite clear he would must sometimes endure the “Trudeau Salute” A bitter wintry wind blew across the mine- refuse to prosecute. from smirking, uncharged suspected perpetra- slime flats off Wishman Street in Kirkland If a similar homicide occurred any time after tors as they’re released from custody. Lake. The chill convinced Glen Bradley to July, 1991 in British Columbia, the Crown’s lack A recent example of this – a police sur- choose Old Crystal Lake Road for his usual of support would have meant the end of the active veillance team saw four adult males carrying run with his beagle pup – the trees paralleling file. Bazinet would never have seen the inside of electronic equipment out of a home and load- the road would offer some shelter. a courtroom, let alone a jail cell. ing it into a vehicle. The stolen property was Bradley parked and set out with his excited I was confident in our evidence and, based recovered and the men arrested for possession. pup but they soon came to a startled stop. A on my OPP training and knowledge of criminal Officers were stunned when the Crown failed body lay on the roadway ahead. They cau- law, believed there were sufficient grounds for to endorse the charges police recommended tiously approached; the dishevelled clothing, conviction – but was now in dire need of a and they had to release the suspects. The enormous bloodstain and gaping neck wound prosecutor. I took my problem up a notch and, responses to the decision were: made it obvious the woman was dead. Brad- in cooperation with the OPP CIB director and Crown: “Proving who was in possession of ley’s mad dash back to the pickup would be the regional Crown, a different Crown attorney the property would be difficult.” Victim: “I’m a the end of his physical workout for the day was assigned to prosecute. little nervous. I’m wondering if I’m going to be – Sunday Nov. 22, 1981. On December 2, 1991, a decade after targeted again. Do you need to have a picture The wheels of homicide investigation the brutal killing, a jury returned a verdict of of them taking the items?” RCMP Corporal: procedures were quickly set in motion but “guilty of first degree murder.” Bazinet, 42, “We’re going to look at the (Crown’s) rationale after more than 18 months of active probing, was sentenced to life imprisonment without when it comes, but at this point charges have the case went cold. It appeared that justice for parole for 25 years. The family finally had not been laid.” the victim, 18-year-old Suzanne Heffern, an closure in the untimely death of an innocent Police officers are sufficiently trained estranged single mother of a baby girl, wasn’t young mother. to determine from the evidence they collect to be. Whoever had beaten and tried to strangle The Crown Counsel Act came into force in whether there’s a substantial likelihood of her before slitting her jugular vein with the BC on July 27, 1991 following the submission conviction and if it is in the public interest to same knife used to savagely stab her 14 times to government of the Discretion to Prosecute prosecute. In more difficult cases they may remained at large. Inquiry Report by Commissioner Stephen seek advice from supervisors, detectives and I was transferred from the OPP Criminal Owen 1. The BC judicial system promptly took other police specialists and, from time to Investigation Branch’s main office in Toronto a giant step backwards. time, consult with Crown counsel on legal to its two-person satellite office in North Bay The act places the authority to decide procedural matters. in the summer of 1989. As was the common what, if any, charges will be laid in criminal It is somewhat disturbing to realize that practice of all detective , I delved matters with Crown counsel. Québec and New Crown counsel alone has the power and au- into the cold cases within my new region in my Brunswick are the only other provinces with thority to decide who will be charged within “spare time.” Even though at least three others such an old, American-style justice system. If a community based solely on a police report. had looked at the Heffern case, I felt it had we are to have a modern, community-based Are there checks and balances in place to spot promise, re-opening it and assigning investiga- system of justice, who better to decide whether incompetence, favouritism, fear of defeat, lazi- tors. A prime suspect emerged. Unbelievably, to lay charges than those who deal daily with ness or other human frailties that may creep with a bit of coaxing, Guy Bazinet agreed to the citizens of a community – police? in over time? undergo a polygraph examination. His failure I do not envy those police officers who Police work in the trenches, know many propelled all of us into enthusiastic overdrive. investigate a crime and submit a report, only of the people involved and the community, After all witnesses were re-interviewed to find the Crown refuses to authorize charges possess sufficient knowledge of law and

AUGUST / SEPTEMBER 2012 40 BLUE LINE MAGAZINE evidence as to the probability of conviction of Keewatin, the most westerly town along signs of life and, if absent, secure the scene and and can better determine whether the com- the Trans Canada Highway in Ontario. He contact the coroner. Within 40 minutes Dr. S. munity’s best interests will be met by laying suffered from severe headaches and a minor M. Burris was by my side. I had been a police a charge in a criminal matter. They must be heart condition but most recently had become officer for two years but this would be my first prepared to defend their actions to their super- depressed over what he felt was a bad business close working relationship with a coroner on visors and there is a constant system of checks deal in the purchase, with a partner, of a local a case from beginning to end. and balances on the quality of their work. service station and garage. While Burris examined the body, I When I queried the system in BC, then Early one hot August afternoon he took searched the log wall of the barn for the fatal Attorney General Geoff Plant sent me a letter his .303 Lee Enfield rifle and headed for the bullet. I hadn’t noticed the wasp’s nest until stating the obvious. “It is the Crown that has privacy and isolation of a neighbour’s vacant one of its inhabitants decided I was getting the legal training, knowledge of current case barn. Removing his right boot, he held the too close and stung me on the neck. My yelp law, objectivity and court experience that muzzle to his chest and applied pressure to the alerted the doctor. Instead of offering quick enables them to perform this function most trigger with his toe, sending a bullet crashing relief from his bag, he suggested I “put some effectively.” through his heart. It was four hours before his mud on it. That’s what my mother used to I’m sure that seven provinces would agree body was discovered. recommend.” but also argue that their police are trained to I arrived at 5:20 pm and, as the first officer “Mine, too,” I said as I reached down a necessary standard and are knowledgeable there, my primary duties were to check for and scooped up a little dirt from the barn enough to determine whether the evidence in a criminal case is sufficient to be dealt with effectively in court. The BC system “avoids practices of over- charging and wrongful convictions,” Plant added. I wasn’t aware of past wrongful convic- tions in BC but supervisors usually quickly identify and straighten out over-zealous cops. What the letter didn’t justify was the amount of additional paperwork required to be submitted by our already paper-swamped police or the court delays created while Crown counsel reads every case summary. Former US Chief Justice Warren E. Burger 2 stated that unless the courts quickly resolve disputes, there is no justice. Time has already seriously impacted the judicial system in BC. Serious cases, many involving charges against persons suspected of unlawfully causing death, are in jeopardy of being tossed due to lengthy court delays. “Justice delayed is justice denied” is a statement attributed to former British polit- ician William Gladstone 3. It is a declaration that can also be traced as far back as the Magna Carta. Not only is justice denied when it takes a long time for a case to come before the courts, it also loses its impact on the public. Time fades memories and thereby lessens, in the minds of people, the horror of the crime, the suffering of the victim, public vexation or the brazenness of the act. The differing approaches of police in two recent riots are good comparisons in point: • Stanley Cup Riot, Vancouver, June, 2011. Following their investigation, police were required to prepare a written report to Crown counsel, who then reviewed the evidence to determine whether there was a substantial likelihood of conviction and if it was in the public interest to prosecute. Months went by before police were permitted to begin laying charges approved by the Crown. • St. Patrick’s Day Riot, London, Ontario, March, 2012. Several people were arrested and police began laying charges within hours of the riot. Officials in Vancouver contend their convic- tion rate will be higher. We shall wait and see.

Coroners without MDs George Lapushniak, 49, of Ukrainian descent, lived alone in a small home outside

BLUE LINE MAGAZINE 41 AUGUST / SEPTEMBER 2012 floor and began mixing it with spit. I guessed crucial in a fact-finding probe and provides modern medicine still hadn’t surpassed that a better chance of “hearing the dead speak.” old-fashioned remedy. A coroner who is also a medial doctor As I applied the mud pack Burris called can not only officially pronounce death but my attention to the minute insect larvae al- also continue with police in a medical-legal ready wriggling in the corners of the mouth investigative partnership. and eyes of the deceased. I was nose-to-nose Only six provinces have legislation re- with the corpse before I could see them. quiring that medical doctors be appointed as Amazed at the rapidity of their development, I coroners. Unfortunately, BC is one of the four was assured that under favourable atmospheric which hires lay people (real estate agents, and climatic conditions it wasn’t uncommon school teachers, retirees of any profession or to find maggots in the delicate, moist tissues trade, etc.) to perform that duty (Saskatchewan, in such a short time. Québec and New Brunswick are the others). The time lapse in the egg-to-adult develop- Some of the findings the coroner pointed ment of flies can assist in establishing time of were not critical to the outcome of the Lapush- death and I would use the services of a forensic niak investigation, but they convinced me, entomologist in future homicide investigations early in my career, of the value of a medical for just that purpose. It wasn’t a critical finding expert at the scene. As medical and technical in this case since neighbours had heard the advances have been made, this relationship has shot, but I would have missed that important become increasingly important and necessary in piece of evidence had it not been for the doc- determining cause, time and manner of death. tor’s knowledge and sharp eyes. The secluded and protected surround- 1 www.qp.gov.bc.ca/statreg/stat/C/96087_01.htm ings meant there was no need to rush the 2 Warren Earl Burger, 15th Chief Justice of the US, investigation. While the ID unit officer took (1907-1995) photographs and collected exhibits, I prevailed 3 William Ewart Gladstone, British Politician, (1809-1898) upon the accommodating doctor to guide me through the remarkable features of a dead body, in support of what I had been taught at Andrew F. Maksymchuk retired as an inspector after serving more than 30 years with the OPP, including five the Ontario Police College. We discussed post years as a CIB Det/Insp and eight years as coordinator mortem lividity and the manner in which rigor The initial examination of a homicide or of the elite Tactics and Rescue Unit. He wrote the book mortis affects the body and can be used to unknown cause of death scene is one of the From Muskeg to Murder,Cops: A Matter of Life and Death establish time of death. The victim’s age and most important facets of the investigation. and TRU: The last resort in policing. He retired to Vernon, physical condition, mode of death and temper- Combining the perspectives of a medical BC. and may be contacted by email to [email protected] ature also affects its progress, he cautioned. practitioner and a is

AUGUST / SEPTEMBER 2012 42 BLUE LINE MAGAZINE by Brent Snook, Kirk Luther more warning signs that accompany a practice, test their abilities or do not give enough infor- and Scott O. Lilienfeld the more skeptical you should be of it. We have mation about their practice for scientists to test applied these signs to two investigative practices. them independently. Pseudoscientists also may From making split-second choices dur- use practices unsupported by peer review. For ing use-of-force encounters to determining Warning signs example, graphologists use handwriting to whether a person is a suspect, nearly all 1: Lack of falsifiability infer personality or psychopathological char- aspects of police officers’ jobs require them and overuse of loopholes acteristics (e.g., to detect child molesters and to think critically. There appears to be an The first sign that a practice may be pseu- violent criminals) despite a lack of evidence endless number of practices available to help doscientific is if it cannot be tested. For ex- to support its validity. When presented with them make good decisions in uncertain situa- ample, a psychic’s claim to communicate with a claim that piques your curiosity, ask advo- tions. Unfortunately, police work, like many a deceased person about their current activities cates of a particular practice to show you the professions, contains a mixture of scientific would not be falsifiable. Related to this issue journal article and ask them where the study and pseudoscientific practices. is frequently using loopholes to explain away was published. Although most officers know that not all findings that show the practice or claim to be the “police toolbox” contents are useful, the flawed. For instance, when a psychic detective 3: Lack of self-correction question often arises about how to know which fails to produce accurate predictions, they may Scientific claims tend to be self-correcting practices are legitimate. At the most basic present loopholes such as “the experimenter’s over the long run – erroneous claims or in- level, officers can protect themselves and serve skepticism is interfering with my powers” or effective practices are eventually weeded out the community best by adopting a skeptical “I wasn’t given all of the necessary informa- and accurate claims and effective practices approach to thinking. Skepticism often carries tion.” Be wary of those who make statements persevere. For instance, some psychologists negative connotations such as cynicism, pes- that cannot be tested or who make up frivolous once believed people’s personalities could be simism and the rejection of anything but the excuses to explain failures. determined by examining the bumps on their status quo. This is an incorrect view. skull. However, through systematic study of Being a skeptic means not accepting 2: Evading and ignoring peer review this claim, this pseudoscience practice – called a claim or endorsing and/or engaging in a In science, virtually all claims are sub- phrenology – was discredited. Pseudoscientific practice until compelling empirical evidence jected to the peer review process, which claims, however, tend to endure long after supports its use. A skeptic’s response to a claim typically involves (a) researchers submitting they’re shown to be wrong. For example, is “show me the data.” This approach is dif- their study findings to editors of scientific research has long shown that “truth serum” – ferent from cynicism, which means dismissing journals and (b) editors requesting independent typically a barbiturate that supposedly elicits claims before the evidence is in. Skeptics are scientists to conduct blind reviews to seek out truthful information – does not work. This is open-minded but insist on good evidence. potential flaws. If any major concerns are iden- because people can lie under the drug’s influ- Police officers can avoid falling prey to tified, the editor asks the reviewers for their ence and it often produces false recollections, practices not based on compelling scientific input and can then prevent the findings from yet some practitioners continue to use truth evidence. Look for these 10 “warning signs” being published and ever seeing the light of serum. One way to determine if progress is (in no particular order) to increase your ability day. In contrast, pseudoscientists either avoid being made in an area is to ask the claimant to critically assess practices. None by itself is subjecting their claims to peer review by refus- for a copy of a recent study published on the proof positive that a claim is unreliable but the ing to participate in studies that would properly topic in a top-notch scientific journal.

BLUE LINE MAGAZINE 43 AUGUST / SEPTEMBER 2012 4: No safeguards against bias can come into the picture. Specifically, constitute sufficient support, although it can confirmation bias this model’s use of a nine-step interrogation sometimes be a helpful starting point for re- Confirmation bias refers to the exclusive technique is often supported by claims that search. However, pseudoscientists rely heavily focus on evidence that supports our beliefs and it obtains confessions, but false confessions on anecdotal claims when providing support claims while ignoring or distorting evidence are often ignored or minimized. The desire to for a hypothesis – it is often the end of their that does not. Science, including psychological focus exclusively on outcomes that support our research endeavour. For example, statement science, contains numerous safeguards against beliefs and ignore those that might challenge validity analysis lacks hard data to show that confirmation bias, including the peer-review them is certainly a difficult task for all of us to it works, although it is easy to find many process (other researchers point out biases to manage without proper controls. anecdotal stories of how it has supposedly researchers) and blind designs (the researcher worked. When you hear vivid stories of how is prevented from knowing certain information 5: Over-reliance on testimonial something “works,” you should ask “Please that could bias the results). However, because and anecdotal evidence show me the published studies conducted by pseudoscientists lack safeguards against this, Anecdotal evidence relies on informal independent researchers.” their beliefs about the effectiveness of a practice personal evidence, which can range from are based only on the “hits” that support it but a vivid success story to testimonial from a 6: Extravagant claims not the “misses.” The Reid Model of Interroga- well-respected individual, to validate a claim. without proper evidence tion provides an example of how confirmation In the sciences, personal evidence does not Sociologist Marcello Truzzi and later Carl Sagan, the great astronomer, professed that extraordinary claims require extraordinary evidence. Pseudoscientists’ claims are often extravagant yet not supported by necessary evidence. Take equivocal death analysis (EDA). Certainly, the idea that someone can examine forensic evidence and the behav- ioural/psychological history of the deceased to determine how they died (e.g., accident, suicide, or homicide) is quite extraordinary. Unfortunately, there’s not a shred of scien- tific evidence available to support EDA and psychological experts suggest the basis for such practice is highly questionable (see the APA’s expert panel in the Congressional re- view of the USS Iowa incident). If someone claims to be able to provide a quick solution to a complex investigation, request the evidence needed to support those extravagant assertions.

7: If it has been around forever, it must be true Just because a practice is really old does not mean it is useful. For example, hypnotic procedures date back to ancient times, where the Greeks visited shrines of healing and were given therapeutic suggestions during trances. Because its use for recovering memories has a lengthy history, it may be tempting to conclude it is strongly supported from a sci- entific standpoint but this conclusion would be wrong. We know from scientific testing that hypnotism is an ineffective method of enhancing memories because it increases both accurate and inaccurate information. Beware of people who say “But we have always done it this way, so it works!”

8: Reversal of burden of proof Scientists agree that the burden of proof should always lie with the person claiming that something works. In many pseudoscientific disciplines however, it is up to the skeptic to prove them wrong. As in our justice system, it is the responsibility of the claimant to provide evidence of the claim beyond a reasonable doubt. For example, if someone tells you they can speak 40 languages fluently and you are skeptical, it is their responsibility to demonstrate this asser- tion, not your responsibility to disprove it. Be skeptical of individuals who demand evidence that they are wrong about a claim.

9: Absence of connectivity to research Pseudoscientists are rarely guided by scientific principles or theories. Furthermore, they often fail to look at what is already known

AUGUST / SEPTEMBER 2012 44 BLUE LINE MAGAZINE before presenting ideas and before alarm bells go off? making claims. For example, Clearly, if a practice exhib- if FBI profilers looked at the its even a few, one ought to long-standing literature on raise a skeptical eyebrow. If theories of personality and the someone is unable to answer importance of situational fac- the questions posed above tors on behaviour, they would about a claim, a quick Google have known their claims about search will turn up a range of most or all behaviours being researchers knowledgeable determined by internal traits (or about a particular issue so you the ability to predict offender can pool their opinions about characteristics) would be met the warning sign(s). with skepticism. They would It’s important to note that certainly have learned early by using practices not based in on that their ability to produce science, investigators may not profiles accurately would be make the best informed decisions highly unlikely! Why? Because and waste valuable time pursu- a great deal of research shows ing fruitless investigative leads. human behaviour is influenced Given the potentially devastating by both personal characteristics consequences of using question- and situational factors. Make able investigative practices (e.g., sure you ask advocates of wrongful convictions, wasted impressive sounding practices time and resources), police or- to point you to the mounds of Table 1: Warning signs of pseudoscience ganizations must be careful to earlier research upon which ensure that the techniques their their claim is built. members employ are credible However, for the most part, profilers have and verified scientifically. 10: Over-reliance on largely evaded the peer-review process over We hope the arguments laid out in this hyper-technical language the past 40 years or have ignored research article can provide officers with some of the Pseudoscientists often use technical and suggesting that it does not work as currently knowledge required to distinguish between seemingly professional, scientific-sounding conducted; in contrast, more than 60 peer- techniques that have and do not have scien- terms when asserting a claim. However, this reviewed studies have tested the efficacy of CI. tific support. Investigative practices ought complex language is often superficial and pot- Throughout the existence of both practices, CP to be grounded in research showing that the entially used to mask the absence of scientific has essentially gone unchanged (for instance, practice works. In cases where no studies have theory underlying their claims. Of course, the organized/disorganized typology still re- been conducted on a practice, research can some scientists tend to use overly complex verberates in the CP community even though determine if it has positive or negative effects terminology when explaining their work but it hasn’t been supported by research), whereas on investigations. at the end of the day, they ought to be able to CI is continually modified and refined based on We anticipate that some police officers explain it in plain language so their claims the findings from studies. The success of CP might argue that a particular practice is can be understood easily. For example, how is based heavily upon the reporting of known “just a tool in the toolbox,” so should not be would you respond to someone asking you to hits (and ignoring the misses), whereas the evaluated on its own merits and that this one sign a petition banning the use of dihydrogen success of CI is based upon a comparison of practice among a range of others is unlikely to monoxide because it has been shown to be fatal the amount of correct versus incorrect infor- cause problems on its own. We believe such if inhaled in large quantities, contributes to the mation that it produces (CI also has had the a response simply rationalizes an unjustified erosion of our natural landscape and may cause peer-review process as a safeguard). practice. One must ask the question – why severe burns? Sign and you would actually be A review of the literature reveals CP relies would you use a tool that is broken or does agreeing to ban H20, or water. If you cannot largely on anecdotal claims to support its ef- not do the job you need it to do? understand the language being used, ask for a ficacy, whereas CI draws most of its support Others might argue that they do not have lay explanation to get to the root of the claim. from experiments. It goes without saying time to wait for scientific evidence that supports that CP makes extravagant claims by saying a practice because they must do everything Applying the warning signs that individuals far away from an area, with necessary to assist them in their investigations. Armed with ten warning signs, let us now limited local knowledge, can look at crime Although the last response may occasionally be use them to evaluate two common police scene residue and provide an accurate portrait justified, they should bear in mind the law of practices: Criminal Profiling (CP) and Cog- of the offender. By contrast, CI makes rather unintended consequences and recall that even nitive Interviewing (CI). Table 1 contains a straightforward claims based on what we well intentioned procedures can do great harm summary of our evaluation of whether they know about how memory works, such as the by contributing to erroneous decisions. pertain to each practice. We have estimated assertion that providing people with cues and All of us are susceptible to falling prey to that CP contains seven of the warning signs reminders about what occurred can enhance pseudoscientific beliefs without training on how and CI does not contain any. their memories of an event. to think skeptically. It is true that many of these After reviewing the literature, we conclude Profilers defend their practice by requir- questionable claims are seductive and appealing. that both practices can be shown to work or not ing that others show CP is ineffective or by We can all easily fall prey to them when trying work through experimentation (although some refusing to participate in controlled studies. In to solve problems in an uncertain world. This profiler claims, such as “offender has deviant contrast, those who have claimed CI is an ef- is why we need a set of warning signs to help sexual fantasies” is not verifiable through ob- fective tool are transparent about how it works us spot pseudoscientific practices more easily. jective means), neither relies on the argument and have examined when it works and fails. that it must work because it “has been around Lastly, as mentioned above, CP is not based forever” and neither practice relies entirely on what we know about behavioural influences Brent Snook ([email protected]) is an Associate on hyper-technical language when explaining or any other sound psychological theories. CI, Professor in Psychology at Memorial University of how it works (though, there are instances of Newfoundland. Kirk Luther ([email protected]) is however, is grounded in sound, psychological a M.Sc. Candidate at Memorial and Scott O. Lilienfeld psychoanalytic-based profiling that sound like theories about the nature of memory. ([email protected]) is a Professor of Psychology at gobbledygook). How many warning signs are necessary Emory University.

BLUE LINE MAGAZINE 45 AUGUST / SEPTEMBER 2012 CASE LAW by Mike Novakowski

Onus on accused to establish rights violation The burden is on an accused to The Crown appealed to Newfound- prove a breach, not on the Crown to establish prove, not Crown to disprove, a land Supreme Court , submitting that that there was no breach. Charter breach. the trial judge shifted the burden Proof on the balance of probabilities re- In R. v. Furlong, 2012 of proving a Charter breach from quires evidence. If there is no evidence respect- NLCA 29, police stopped Furlong and was requiring the ing whether an accused has been informed of the accused, administered Crown prove that her right to his or her right to counsel, including whether a roadside breathalyzer test counsel had not been breached. he or she has been informed of the availability and then made a breathalyzer The appeal court judge dismissed of Legal Aid and how to contact it, then there is demand and informed her of her the Crown’s appeal, upholding no proof that the crucial aspect of the Charter right to counsel. She said she under- the lower court ruling. There was right was provided or not. In the absence of stood and did not wish to speak to no evidence supporting compli- such evidence, a court cannot conclude that a lawyer. Furlong provided breath ance with the informational com- the information provided to (the accused) samples registering over the legal ponent of s. 10(b). Since there was deficient and that her s. 10(b) right was limit and was charged with im- was no evidence from the officer breached (para. 23). paired driving and over 80mg%. respecting Legal Aid, Furlong’s Further: Because there was no evidence right to counsel was deficient. Charter rights are not like the elements of elicited from the officer about the On further appeal by the an offence. An offence is a charge of the Crown Legal Aid information he gave Crown, a unanimous Newfound- against an accused person so the Crown al- the accused, either through direct land Court of Appeal concluded ways has the burden to prove each element of examination or cross examination, that the absence of evidence the charge in order to prove the offence. The Furlong argued her right to coun- concerning information about right to counsel is a Charter right accorded to sel under s. 10(b) of the Charter Legal Aid was insufficient an accused. An accused must assert the right was violated. The Crown, on the to prove the right to coun- and evidence must be adduced to prove its other hand, claimed the accused sel given by the officer was breach, in much the same way as a plaintiff had not proven that her Charter deficient and breached Furlong’s prosecutes a civil claim against a defendant, right to counsel had been breached just Charter rights. ie. a plaintiff who claims that he or she has because the officer did not testify he told her “Section 10 of the Charter accords posi- been wronged by a defendant must adduce how she could contact Legal Aid. tive rights,” said Justice Hoegg for the court. evidence to prove the wrong in order for the A Newfoundland Provincial Court judge “If an accused person claims a breach of a claim to succeed (para. 26). ruled there was no evidence that Legal Aid Charter right, he or she must assert the right The officer did not testify, and was not information had been given and therefore the and prove its breach on the balance of prob- questioned, about Legal Aid information. accused’s s. 10(b) right had been infringed. abilities.” Discharging this burden of proof Had he testified that he had not provided The breathalyzer certificate was excluded requires more than the officer failing to give it, then Furlong could rely on this evidence under s. 24(2) and both charges were dis- evidence that the right to counsel he gave her to prove that the information provided was missed for lack of evidence. was complete. The burden is on the accused to deficient and a breach resulted. If the officer had said he had given Legal Aid information but Furlong disagreed, she could adduce evidence to support her position by either cross-examining the officer or calling addi- tional evidence, including choosing to testify in her own defence. Since there was no evidence on the Legal Aid aspect of the s. 10(b) right, the trial judge erred when he inferred from the absence of evidence about it that it had not been given. “(The officer’s) lack of testimony on the aspect of the right to counsel concerning Legal Aid does not prove that he did not provide the Legal Aid information to (the accused),” said Justice Hoegg. “It cannot be otherwise, for... a court cannot assume that things happened or did not happen in the absence of evidence. Neither can a court infer that things happened or did not happen in the absence of facts from which a reasonable inference can be drawn.” Furlong failed to prove her right to counsel did not include Legal Aid information and therefore it could not be said she suffered a Charter breach. The Crown’s appeal was allowed and a new trial ordered on the over 80mg% charge.

AUGUST / SEPTEMBER 2012 46 BLUE LINE MAGAZINE CASE LAW by Mike Novakowski Gun abandoned: s.8 not engaged When an accused threw a gun out his engaged and the trial judge wasn’t obliged the execution of the warrant and the seizure window onto a neighbouring property he gave to consider the validity of the telewarrant or of the firearm and whether the validity of the up his privacy interest in it, the Ontario Court the legality of the police search. ITO and therefore the search warrant would of Appeal has found. Having regard to this conclusion, it is have had a bearing on the issues whether the In R. v. Stevens, 2012 ONCA 307, a confi- unnecessary for us to address the balance police acted in good faith for the purpose dential informant told police that the accused of the arguments put forward by amicus as of a s. 24(2) analysis) (references omitted, was a drug dealer and kept a handgun and they all relate to the legality of the search paras. 8-10). ammunition at his residence. The informant (e.g. whether the trial judge erred in holding Steven’s appeal was dismissed. said he had been there and saw the gun during there was no cognizable legal nexus between a certain time period. An Information To Obtain (ITO) was drafted and a telewarrant obtained. Police executed a “stealth search” in the middle of the night. Moments before entering, officers outside the residence saw someone throw a white sock out the window with something in it. The sock landed in an adjacent yard and was determined to contain a semi-automatic firearm. Stevens was the sole occupant of the residence and no other drugs or weapons were found inside. Although there were errors in the ITO, the Ontario Court of Justice declined to de- termine its validity. Instead, the trial judge held that the gun was discarded into an area where Stevens had no reasonable expectation of privacy, thus he had abandoned it. There was no s. 8 Charter breach and Stevens was convicted of unauthorized possession of a firearm, careless handling of a firearm and failure to comply with a condition of his recognizance. Stevens then unsuccessfully argued that the validity of the search warrant needed to be determined before deciding whether the gun was properly abandoned. The Court of Appeal held that the firearm had been abandoned: In the factual circumstances here, the trial judge wasn’t required to determine the legality of the search. In order to engage a person’s rights under s. 8 of the Charter, that person must first establish a reasonable expectation of privacy. Having thrown the handgun out the window into a neighbour’s yard, the (accused) no longer had any rea- sonable expectation of privacy respecting the gun. He no longer had possession or control over the gun; instead, he attempted to divest himself of possession or control of it. Indeed, he gave up the ability to regulate access to it when he threw it away. Furthermore, he offered no evidence of any subjective expecta- tion of privacy in it... Usually, it is only after the (accused) has established a reasonable expectation of privacy and the court is considering whether the search was an unreasonable intrusion on that right to privacy that there is a need to consider the reasonableness of the search and whether there has been police misconduct. Here, as the trial judge had correctly held that the gun had been abandoned, s. 8 wasn’t

BLUE LINE MAGAZINE 47 AUGUST / SEPTEMBER 2012 CASE LAW by Mike Novakowski Detention requires Crime scene re-enactment repetition of confession more than hunch by Mike Novakowski Performing a crime scene reenactment wasn’t there was no s. 10(b) Charter breach and the crime a new jeopardy requiring a further opportunity scene reenactment was admitted. A jury found Police must have more than a bare sus- to contact counsel, BC’s highest court has ruled. Evans guilty of second-degree murder. picion when detaining a suspect. In R. v. Evans, 2012 BCCA 209, the accused, In the BC Court of Appeal Evans argued, In R. v. Bruyere, 2012 ONCA 329, a accompanied by his lawyer, turned himself in to among other grounds, that the trial judge erred police officer received information from a Calgary police and was arrested for the strangula- in not finding a Charter breach and admitting sergeant in charge of a drug investigation tion murder of a Vancouver sex-trade worker but the evidence of the reenactment. He opined that that a man named Hyatt had just bought refused to say anything about it on the advice of his jeopardy changed because he did not have drugs at a hotel and was couriering them counsel. He was flown to Vancouver, where the an opportunity to obtain legal advice about the back to Fort Frances. crime took place, driven to his lawyer’s office and reenactment taking place at the crime scene. The officer followed a vehicle oc- spoke in private for over an hour. Taken to the Justice Low, speaking for the Court of Appeal, cupied by two unidentified men as it left police lockup, he was then placed in an interview found the trial judge did not err: the hotel. Suspecting one of the occupants room. His lawyer attended and they spoke for 20 It seems to me that the re-enactment wasn’t may be Hyatt, the officer instructed that the to 30 minutes. anything more than a repetition of the earlier vehicle be pulled over as it travelled on the TransCanada Highway toward Fort Frances. A detective then interviewed Evans for about confession with the (accused) pointing out where Bruyere was driving and Hyatt, a passenger, two hours. He described how he met the victim, he and (the deceased) were during the events was arrested. A search turned up cocaine. killed her and attempted to hide her body. The in the bedroom, as captured by the police re- At trial in the Ontario Court of Justice the detective suggested Evans perform a reenactment enactment video. In this sense, the judge was judge found the officer did not have sufficient of the killing as a form of “catharsis,” but not at correct in describing it as an extension of the grounds to justify an investigative detention the crime scene. Evans sought legal advice by tele- earlier confession. of the vehicle’s occupants at the roadside. In phone and was given privacy for that purpose. The I am unable to find fault with the judge’s the judge’s view, the officer ordering the stop detective then suggested they go to Evans’ apart- reasoning and I would not give effect to the did not have reasonable grounds to suspect ment to find a hooded shirt he said he had taken. (accused’s) argument. The (accused) knew he that Hyatt was in the vehicle since he had Evans looked for the shirt but was unable to was facing a murder charge before the detective nothing more than a hunch. find it. The detective then said they would go to proposed the re-enactment and he knew the extent The judge ruled Bruyere was arbitrar- the deceased’s apartment – the crime scene – and of his jeopardy had not changed when he agreed ily detained at the roadside (a s. 9 Charter videotaped Evans reenacting his meeting with her, to go to the crime scene for the re-enactment. By breach) and that the search leading to the the killing and his attempt to conceal the body. He then, he had received legal advice at least four discovery of the cocaine was unreasonable. was charged with second degree murder. times. He must have known that he could cease co- The evidence, however, was admitted under In BC Supreme Court Evans argued that his operating with the police investigation whenever s. 24(2). The judge found exigent circum- jeopardy changed when police decided to expand he chose to do so. stances existed which, in part, mitigated the the investigation from a videotaped interview at None of the cases relied upon by the (accused) unconstitutionality of the stop. Bruyere was the police station to a videotaped reenactment at with respect to this argument make a point in his convicted of three drug related offences. Bruyere challenged the ruling before the deceased’s apartment. In his view, he sought favour. They are clearly distinguishable. All involve Ontario’s top court, arguing the trial judge legal advice in relation to the intended location situations where the police, in withholding informa- erred in not excluding the evidence after of the reenactment being at a place other than tion from the accused, materially affected the ac- properly finding a Charter breach. The the crime scene. Had he known the reenactment cused’s understanding of the extent of his jeopardy... Crown argued, on the other hand, that the was to take place at the crime scene and not else- Nothing of that sort occurred here. This is so judge erred in finding a Charter violation where, he would not have consented to doing it. whether (the detective) changed his mind about in the first place but properly admitted This change in jeopardy, he contended, required going to the crime scene or deliberately misled the evidence in any event. In the Crown’s police to re-advise him of his right to counsel and the (accused) as to what he intended. There was submission, the sergeant in charge of the in- provide him with another opportunity to consult no breach of the (accused’s) s. 10(b) rights as a vestigation had sufficient grounds to justify with a lawyer. The trial judge disagreed. result of the re-enactment’s taking place at the Bruyere’s detention. The sergeant’s reason- There was no new jeopardy. Evans had given crime scene rather than elsewhere (paras. 36-37). able suspicion (as opposed to the detaining a full confession to the crime and the reenactment Evans appeal was dismissed and his murder officer’s suspicion) rendered Bruyere’s was simply an extension of that confession. Thus, conviction upheld. detention constitutional under s. 9. The Ontario Court of Appeal concluded that neither officer had sufficient grounds to justify the detention. “Whether one looks at (the officer’s) grounds for detaining the vehicle, (the ser- geant’s) grounds for detaining the vehicle, or combines the two, the result is the same,” said the court. “The stop was arbitrary in that there were no reasonable grounds to suspect that Hyatt was in the vehicle before the officers stopped the vehicle.” Thus, the evidence discovered in the search, which followed immediately after the identification and arrest of Hyatt, constituted evidence obtained in a manner that infringed Bruyere’s rights under s. 9 of the Charter. His appeal was allowed, his convictions quashed and a new trial ordered.

AUGUST / SEPTEMBER 2012 48 BLUE LINE MAGAZINE CASE LAW by Mike Novakowski

Lack of subjective suspicion fatal to detention’s legality

A police officer must believe they have was parked and the presence of a known vio- lice powers in the exercise of their duties to the grounds to detain, otherwise it is unlawful. lent offender in the group of males gave the preserve the peace, prevent crime and protect In R. v. Dhillon, 2012 BCCA 254, police officer both subjective and objective grounds life and property. were dispatched to a restaurant parking lot to detain the group of men, including Dhil- for a fight complaint involving a group of 12 lon, for investigation in relation to the fight Detention South Asian males. Officers found several complaint. Justice Smith, authoring the court’s judge- South Asian males in front of the restaurant “It would be naive and unrealistic to ment, described the test for detention this way: and there was a BMW with its passenger door expect that the police when investigating an Detention for Charter purposes exists open parked at an angle to the linear parking assault would accept the word of a group of where there is “a suspension of the individ- stalls, suggesting someone might have left it people there when they deny an assault ever ual’s liberty interest by a significant physical in a hurry. took place, especially given the known violent or psychological restraint.” Psychological An officer informed the group he was person within the group,” said the judge. “Up detention occurs where an individual “submits investigating a complaint about a fight. The to the point where the accused is arrested, or acquiesces in the deprivation of liberty men said there was none and police saw no interference with his liberty was minimal, only and reasonably believes that the choice to do evidence one had taken place. The complaint to the extent required for the officers to do otherwise does not exist.” The determination was concluded as unfounded but an officer their duty in checking out a potential assault.” of whether there has been detention is an ob- recognized an individual in the group from Since Dhillon was lawfully detained jective test. Where there has been no physical previous dealings and police intelligence as for investigative purposes, the search of his restraint and no legal obligation to comply someone involved in violent criminal activ- vehicle for officer and public safety reasons with a demand by a police officer, the ques- ity and associated with firearms. Suspicious was reasonable as incidental to the investiga- tion is whether “a reasonable person would that weapons might be present, he asked tive detention. As for the 45 minute delay in conclude by reason of the state conduct that who owned the BMW. Dhillon came forward providing a reason for detention and advising he or she had no choice but to comply” (refer- and, when asked if he had any identification, of the right to retain and instruct counsel, it ences omitted, para. 30). produced his driver’s licence from the middle wasn’t intentional but due to the volatility A detention will not be arbitrary under s. console of the vehicle. and potential danger of the situation. Even if 9 of the Charter if it is authorized by either The officer could see scissors and some Dhillon’s rights were breached, the firearm statutory or common law. Under the common rolling papers in the middle console. In his would have been still admitted as evidence law, police may lawfully detain someone for an experience those items were typically associ- under s. 24(2). investigation if they have reasonable grounds ated with the use of marijuana but he did not Dhillon was convicted of four firearm to suspect the targeted individual is involved see or smell any. The possibility of drugs in offences; possessing a firearm without a in criminal activity. Objectively reasonable the vehicle again made the officer suspicious licence, carrying a concealed weapon, being suspicion is more than a hunch and includes that there might be weapons in the vehicle. an occupant of a motor vehicle knowing there both a subjective and an objective element. Although he had not seen any drugs was a prohibited weapon and possessing a In addition to the requirement of a reason- or weapons, he decided to search the trunk prohibited device. able suspicion, the detention must also be and found a Norico assault rifle (an AK-47 In the BC Court of Appeal Dhillon argued reasonably necessary in order to justify the knock-off) covered in towels, with a 30-round that the trial judge erred in characterizing the otherwise unreasonable interference with an magazine attached. Dhillon was arrested, search as incidental to an investigative deten- individual’s liberty. handcuffed, patted-down and placed in the tion. In his view, the officer did not subjective- In this case, the appeal court found there back of a police vehicle. About four minutes ly believe he had reasonable grounds to detain was no detention. The officer said he did had elapsed between Dhillon identifying him and therefore his detention was arbitrarily not detain Dhillon nor was there any control himself as the vehicle’s owner and his arrest. under s. 9 of the Charter. The vehicle search, he exerted over him. Dhillon wasn’t physically Shortly thereafter, two men associ- suggested, was also unlawful and breached s. restrained or directed to go anywhere or do ated with a criminal gang arrived. They were 8 of the Charter, thus the firearm should have anything other than to step back away from known to carry handguns, wear body armour been excluded as evidence. The Crown, on the the vehicle when it was being searched. and were previously involved in shootings. other hand, submitted that even if there was Even if Dhillon could have been lawfully More backup was summoned and all the men no lawful investigative detention, the search detained, that is not what the police did. They were handcuffed and searched. Forty-five was still reasonable as a justifiable use of po- arrested him. minutes later the officer advised Dhillon why he was arrested and told him about his right to counsel. He was provided access to a telephone about one hour later at the police station for the purpose of contacting legal counsel. In BC Provincial Court the officer ac- knowledged that he did not have reasonable grounds to obtain a search warrant, nor to arrest or detain the accused for investigative purposes and therefore no authority to conduct a search for officer safety reasons. The officer claimed he had consent, which was later determined not to be valid. However, the trial judge concluded that there were no Charter violations. She found Dhillon was lawfully detained pursuant to an investigative detention. The presence of drug paraphernalia in the vehicle, the manner in which the vehicle

BLUE LINE MAGAZINE 49 AUGUST / SEPTEMBER 2012 “When the police have wrongfully ar- which will typically involve a pat-down search argument that the search was necessary for pub- rested someone, their actions cannot be of the detained individual,” said Justice Smith. lic safety reasons. Thus, the search was neither defended on the basis that they could have “A lawful search incidental to an investi- objectively reasonable nor necessary, failing detained this person on some other basis,” gative detention requires ‘reasonable grounds’ the second branch of the Waterfield doctrine: said Justice Smith. “In deciding whether the (i.e., an objective basis) for concerns about In short, while the Waterfield doctrine police infringed Charter rights they are to be officer and/or public safety and that the search has developed a robust history in Canada, it judged on what they did, not what they could be ‘reasonably necessary’ to ensure the pres- has been limited by constitutional constraints have done.” ervation of the officer and/or public safety.” and, in particular, by a requirement that po- Moreover, the officer did not have rea- However, since the officer’s concern that lice show an objectively reasonable basis for sonable grounds to detain, as the trial judge Dhillon might possess drugs and/or weapons the exercise of any powers. This criterion is mistakenly found. The officer did not form a did not rise to the level of reasonable suspi- reflected in the second branch of the Waterfield subjective belief that Dhillon had been or was cion, the search of the vehicle could not be doctrine, which requires that police conduct involved in a fight and found nothing to sup- justified as incidental to an investigative deten- not involve an “unjustifiable use of police port the complaint, which was concluded as tion for officer and/or public safety reasons. powers.” unfounded. Nor did the officer claim to search Waterfield doctrine: Authority to conduct Canadian courts, to date, have held the the vehicle incidental to an investigative deten- the search on the basis that it was reasonably exercise of a common law police power is only tion. Rather, he acknowledged he only had a necessary for officer and public safety reasons justified where its use is objectively reasonable bare suspicion that he might find drugs and/ based on the Waterfield doctrine was also and necessary. Thus, even if the Waterfield or weapons in the trunk of the vehicle, which rejected. The Crown had tried to argue that doctrine could be found to support the use of did not rise to the level of reasonable grounds the officer had a duty to search the trunk to police powers based on concerns about safety for detention. protect the public and officers present because rather than concerns about the commission of “The law requires both a subjective and of the nature of the suspected crimes and the specific criminal offences, in my view at the an objective basis for an investigative deten- potential for a high risk of violence. very least those safety concerns would have tion,” said the court. “Even if the trial judge’s “To date, no court has recognized a police to be objectively reasonable before they could finding that there was an objective basis for power to search based on a standard lower serve as a free-standing justification for the use detention were accepted, the complete absence than that of objectively reasonable suspi- of police search powers (para. 70). of a subjective basis in this case is fatal to the cion,” noted Justice Smith. “While I am not As a result of the Charter breaches, the finding that there was a lawful investigative persuaded that a free-standing power to search firearm was excluded under s. 24(2). The detention.” for officer safety reasons should be recognized, Charter-infringing conduct was serious and the if such a power were to be recognized, in my impact on Dhillon’s Charter-protected inter- Search view it would, at a minimum, require this level ests was significant. His appeal was allowed, Investigative detention: In some cases a of objectively reasonable grounds.” his convictions quashed and acquittals entered. detained person may be searched. “Where The officer admitted he had nothing more There was no need to address Dhillon’s s. 10 there exist reasonable grounds to suspect that a than a bare suspicion to support his concerns Charter arguments. detained individual is connected to a particular for officer and public safety and that the vehicle crime, officer or public safety concerns may could have been secured until more officers More of the Waterfield doctrine justify a search incidental to that detention, arrived, which ran directly counter to the The English Waterfield or ancilliary pow- ers doctrine is used to determine whether a police officer was acting lawfully at common law. The test has two branches: • Whether the police conduct, which involved a prima facie unlawful interference with a person’s liberty, fall within the general scope of any duty imposed by statute or recognized at common law, such as preventing life or protecting property? • Whether the conduct, albeit within the general scope of such a duty, involved an unjustifiable use of powers associated with the duty. The interference with liberty must be necessary for the carrying out of the par- ticular police duty and must be reasonable, having regard to the nature of the liberty interfered with and the importance of the public purpose served by the interference. Examples of its use: • The power of investigative detention on the basis of a reasonable suspicion (R. v. Mann). • The power to forcibly enter a private home to investigate a 911 call and provide assistance to the caller (R. v. Godoy). • The power to detain people (by stopping the vehicle) based on the existence of reasonable grounds to believe there were handguns in a public place, which posed a genuine risk to public safety (R. v. Clayton). • The power to use a sniffer-dog to search luggage on the basis of a “reasonable sus- picion” standard (R. v. Kang-Brown).

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

AUGUST / SEPTEMBER 2012 50 BLUE LINE MAGAZINE PRODUCT SHOWCASE

The Jerkstopper Wireless Intercom for Security Internet Evidence Finder Introducing the Jerkstopper, a cable reten- Ritron’s the DoorCom allows radio- JADsoftware Inc had developed the In- tion device designed to keep cords, cables, equipped personnel to receive a call from ternet Evidence Finder (IEF) a data recovery and equipment from being damaged, and data practically anywhere in the building and solution designed for digital forensics exam- lost, from inadvertent pulling or jerking. When instantly answer back using a portable 2-way iners/investigators. The software comes on a police departments think of cable retention radio or desk-top base station. DoorCom is USB stick to plug into a laptop or computer solutions, they mostly think of computers, ideal for installation at delivery/receiving door, station in a police forensic lab for analysis. but Jerkstopper Canada provides solutions for employee entrance, entrance or lobby, will- The software searches the hard drive, live your laboratory devices, professional digital call/pick-up, loading dock, factory floor, and RAM, or files for Internet-related evidence, cameras, video cameras, and industrial equip- more. Helps to maintain security by allowing organizes the information and generates a ment as well. exterior doors to remain locked. report.

Flamless Heating Technology HEATSTICK is a revolutionary water Private Hot Line Service The Alternative a Less Lethal heating system for freeze-dried food, bever- The Hot Line service by Alternative Weapon ages and personal hygiene in extreme climatic Answers (AAMCL) is guided by three basic The Alternative is a less lethal weapon conditions where efficiency, safety and perfor- principles: Security- Speed - Value. The ser- system, patented by Awater Ltd, designed to be mance are everything. The radical design and vice will gather Hot Line leads, log the critical carried on an officer’s duty belt. It can be rap- patented flameless heating technology heats information, and then forward all leads directly idly affixed to the muzzle of a service weapon from the inside out, making HEATSTICK to the correct investigative personnel in a logi- while the officer continues to cover the threat. immune to wind and weather. It does not emit cal manner. Alternative Answers’ trained and Upon deployment, the weapon is clear of the light, smell or sound and is ideal for low profile secure staff is ready to activate a Hot Line 24 device and is returned to its normal lethality. missions and surveillance. hours a day.

Tracking the Chain of Custody Primary Marking Systems, Inc. has de- veloped software to electronically track the chain of custody for evidence and chrono- logical documentation Cyber Security Simulator of a paper trail to show Wireless Headset/Intercom Elbit Systems’ cyber security simulator was the seizure, custody, Sena Bluetooth, a wireless headset/inter- developed specifically for the training of govern- control, transfer, analy- com maker has developed the Sena SMH10. ment, military and critical civilian infrastructure sis, and disposition of It connects motorcycle riders via Bluetooth to cyber defense agencies, to enable personal and evidence. their mobile phones, GPS, MP3, and to each group training in locating, handling and manag- This high-tech other via intercom. The SR10 allows 2-way ing various cyber warfare events and attacks. tracking system is a barcode-based soft- radio users on a select channel to connect The simulator also offers training in prevention ware which allows police officers to record to their 2-way radios using their Bluetooth of cyber warfare events, by simulating network and enter evidence data from a crime scene headsets, which do not necessarily have to be protection scenarios and allows debriefing and while still in the field and/or on the move. a Sena headset. evaluation sessions for drawing conclusions.

BLUE LINE MAGAZINE 51 AUGUST / SEPTEMBER 2012 MARKET PLACE

AUGUST / SEPTEMBER 2012 52 BLUE LINE MAGAZINE MARKET PLACE

BLUE LINE MAGAZINE 53 AUGUST / SEPTEMBER 2012 Advertisers Directory

Learn more about these Canadian Law Enforcement suppliers at www.BlueLine.ca

911 Gear 36 911 Supply 54 Absolute Software 41 Many first responders literally dodge hazard checklist system after they encoun- Accident Support Services Int’l 21 bullets and live to work another day, but tered exploding propane tanks on rural Action Meals 53 the bullets don’t always come through gun properties. The system is a simple and in- American Military University 15 barrels. Countless deadly near-miss situa- expensive solution that asks property owners Badge & Wallet 53 tions put emergency responders in harm’s – on a voluntary basis – to provide a list of Bosik Technologies 23 way every day. potential hazards first responders could face. C.R.A.F.M. 22 Police, firefighters, paramedics and Another near miss involving a pretzel- CADSI 2 tow-truck drivers working at motor vehicle selling street vendor highlighted the CashTech Currency Products 53 collisions face dangers from the wreck- dangers that can emerge from an unusual Chrysler Canada 28, 29, 56 age and passing traffic. At crash scenes, and seemingly innocuous situation. A fire Colt Canada 26 vehicles moving at a fast rate of speed began in a street vending machine and Conerstone Mediation 53 become bullets that can prove fatal to first when a firefighter applied water to it the Constable Cigar Co 52 responders. flames exploded outward with surprising CPKN 11 Similar perils can be found at the work intensity. It was discovered the vendor Cummins Allison 39 sites where emergency responders are called. had placed a gasoline can inside the cart D&R Electronics 27 Although they’re not considered as mena- and the water splashed it up into the pro- Dalhousie University 25 cing as gunfire, workplace hazards can be pane fueled fire. That incident – and the DAVTECH Analytical Services 17 just as deadly. Missing safety rails, blocked reporting of it – prompted discussion and Dentistry in Oak Ridges 46 exits, poor lighting, improperly stored analysis of hazards emergency responders Ergocentric Seating 52 materials and false ceilings can provide can encounter. Fisher Space Pen 53 more than enough ammo to put them in the Seeing first responders report near-miss Freedom Lock and Security 53 hospital or worse. dangers and come up with ways of eliminat- George Brown College 9 When these hazards don’t actually kill ing these hazards is encouraging, but they Georgian College 34 or injure people they are called near misses. should not be acting alone. Henry’s Photo-Video-Digital 42 Unfortunately, the term “near miss” car- Eliminating traffic and workplace haz- Humber Inst. of Tech 33, 39 ries with it an implication of relief and luck ards requires everyone’s attention, including Infrared Technologies 33 but the reality is that a near miss shrugged employees, employers, safety professionals, Integral Tactical 52 off and not addressed simply means that the first responders, clients, contractors, drivers, Intergraph Canada 21 hazard missed this time. Given enough time etc. You can help by ditching the bullets International Police Association 36 and inattention, the luck of a near miss can you find. Investigation Counsel Network 37 turn rather quickly and just as easily kill the Take a look around and ask yourself: Investors Group 52 next person who encounters it. what could go wrong here? Once you’ve Jaycan Developments 52 That said, there is some great pro-active identified those hazards, take steps to elim- Maple Publications 53 work being done to address near misses and inate them. M D Charlton Company 19 improve first responder safety. MPT Structures 53 One recent example comes from Al- Visit jpmf.ca for more information. Pips Technology 47 berta’s Lac Ste. Anne County, where Pride In Service 53 firefighters are looking at implementing a Priority Dispatch 31 Professional Development TSCM 42 R Nicholls Distributors 37 Royal Canadian Legion 50 SEALS Action Gear 48 Shooters Finest 53 Stitt Feld Handy Group 24 Stokes International 52 Surefire 4 The Patchman 52 TLC Laser Eye Centres 18 Trackers Edge 52 Triform 13 Underwater Kinetics Canada 11 Vancouver Tactical Supplies 53 Wolverine Supplies 49 Wolverine World Wide (Bates) 44 York Regional Police 23

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