The Expansion of Conducted Energy Weapon Use in Ontario: Pacification and Policy Development
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The Expansion of Conducted Energy Weapon Use in Ontario: Pacification and Policy Development by Erick Laming A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Master of Arts in Legal Studies Carleton University Ottawa, Ontario © 2015 Erick Laming Abstract This thesis examines the Ontario government’s decision to allow for the expansion of Conducted Energy Weapons (CEWs) to all front-line police officers. I utilize a framework of pacification strategies that illustrate the way in which police services, particularly the Ottawa Police Service, should implement a CEW policy for the deployment of the weapon in order to achieve effective police-community partnerships. The decision to expand CEWs demonstrates an abdication of responsibility on the part of the province to local police agencies and the new policy provides little guidance. It is important that local agencies develop strong and effective CEW policies for the purpose of enhancing public and police safety as well as ensuring meaningful accountability in Ontario. I analyze several provincial and agency CEW guidelines in order to facilitate the development of effective CEW guidelines at the agency level and, importantly, to ensure accountability for when these weapons are deployed. ii Acknowledgments First, I would like to express my appreciation towards Carleton University, in particular, the Department of Law and Legal Studies for the opportunities that have been given to me over the course of my undergraduate and graduate degrees. The administrative staff of the Law and Legal Studies Department has had to put up with my constant presence for six years and because of this, they are well deserving of a thank you. A very special thank you goes to Professor Neil Sargent. Neil has always been supportive of my research and has consistently inspired me to be original in my work. Thank you for always taking the time to listen to my scrambled ideas and for helping me work through them. Additionally, I would like to thank Professor Peter Swan for encouraging me to take the master’s program in Legal Studies. His guidance and advice has been extremely helpful and beneficial for my research. Also, I want to thank Mary Campbell for being part of my thesis committee and for providing informative feedback on my work. I am grateful and honoured to have had the opportunity to defend my thesis in front of Mary. I would like to thank Professor Ummni Khan for all of her helpful guidance during my years at Carleton. She has been an incredible mentor and she has inspired me to continue in academia. I recognize that this research would not have been possible without certain individuals and organizations. I would like to thank Staff Sergeant Pat McCaffery of the Ottawa Police Service for being an outstanding resource, contact, and friend. Additionally, thank you to the Ottawa Police Service for giving me the opportunity to analyze survey data and use it in my research. Lastly, I would like to thank the Social Sciences and Humanities Research Council of Canada (SSHRC) for awarding me financial assistance which has allowed me to complete my research in a timely and efficient manner. A very important thank you goes to my family for all of the support they have provided me throughout my life. Without their continuous support and encouragement, I would not be where I am and they deserve all of the credit for my successes and accomplishments. Finally, I would like to express my utmost gratitude to my supervisor, Professor Ron Saunders. When I first began working as a teaching assistant in Ron’s class, I had no idea that it would foster the type of relationship it has. It makes the end of my Carleton University career as a student bitter-sweet. Ron’s guidance has been invaluable. His continuous feedback is extremely constructive and because of this, it has made me a better student. Having Ron as my supervisor and mentor has provided me not only with the opportunity to further develop and enhance my skills as a student, but also with the foundation from which I can go forward with greater confidence and success. I doubt that I will ever be able to convey my appreciation fully, but I owe Ron my eternal gratitude. iii Table of Contents Abstract ii Acknowledgments iii Acronyms found in Thesis vi Chapter 1: Introduction 1 Chapter 2: Police Use of Force and a Backgrounder to CEWs 5 2.1. Early Research and Persistent Problems…………………………………………...…5 2.2. A Brief History of CEWs [Tasers]…………………………………………………..10 2.3. CEW Use in Canada………………………………………………………………...14 2.4. An Overview of the Operation and Function of CEWs……………………………..17 2.5. Arguments and Issues around CEW Use by Police…………………………………20 2.6. Back to the Future: The Case of OC Spray………………………………………….26 Chapter 3: Pacification as a Framework for Effective and Meaningful CEW Policies 35 3.1. A Brief Historical Overview of ‘Pacification’………………………………………37 3.2. Modern Pacification (through Wartime) and the Idea of Participation and Support..39 3.3. The Revival of Pacification: A Different Interpretation…………………………….50 3.4. Re-appropriating Pacification……………………………………………………….61 Chapter 4: A Comparative Analysis of Provincial and Agency CEW Guidelines 69 4.1. Research Design……………………………………………………………………..69 4.2. Analyses of Provincial and Agency CEW Guidelines………………………...…….69 4.3. The Ontario Government’s Decision for CEW Expansion………………………….71 4.4. The Ontario Government’s Revised CEW Guidelines……………………………...75 4.5. Analyses of Provincial and Agency CEW Guidelines………………………………80 4.5.1. Nova Scotia………………………………………………………………..81 4.5.2. Alberta…………………………………………………………………......82 4.5.3. British Columbia…………………………………………………………..84 4.5.4. Halifax Regional Police (HRP)……………………………………………87 4.5.5. Calgary Police Service (CPS)……………………………………………..88 4.5.6. Victoria Police Department (VicPD)……………………………………...89 4.6. The Ontario Government’s Approach to CEW Deployment…………………...…...90 4.7. Ottawa Police Service Survey…………………………………………………...…..92 4.8. The Ottawa Police Service CEW Policy…………………………………………….93 4.8.1. Concerns and Issues Raised by the Public………………………...………97 4.8.2. Concerns and Issues Raised by Members of the OPS………………….....99 4.8.3. Ensuring an Effective CEW Policy for the OPS………………...……….102 4.8.4. Judging Pacification as a Framework for CEW Policy Implementation...105 iv Chapter 5: Conclusion 109 5.1. Implications…………………………………………...……………………………109 5.2. Recommendations for Ontario………………………...…………………………...110 5.3. Recommendations for the Ottawa Police Service…………………………………111 5.4. Limitations to Research……………………………………………...…………….113 5.5. Future Research……………………………………………………...…………….115 References 117 Appendices 126 A. Ontario CEW Guidelines……………………………………………………….…...127 B. Nova Scotia CEW Guidelines…………………………………………………….…129 C. Alberta CEW Guidelines………………………………………………………….…134 D. British Columbia CEW Guidelines………………………………………………….142 E. Conducted Energy Weapon (CEW) Public Questionnaire…………………………..148 F. Conducted Energy Weapon (CEW) Member Questionnaire……………...................150 G. Ethics Approval…………………………………………………………...................152 v Acronyms found in Thesis ACLU American Civil Liberties Union AHS Autonomic Hyperarousal State ATF Bureau of Alcohol, Tobacco, Firearms, and Explosives BC British Columbia CAHS Canadian Academy of Health Sciences CEW[s] Conducted Energy Weapon[s] CIA Central Intelligence Agency CORDS Civil Operations, Revolutionary Development Support CPS Calgary Police Service EHS Emergency Health Services FBI Federal Bureau of Investigation FIPPA Freedom of Information and Protection of Privacy Act GVN South Vietnamese Government HRP Halifax Regional Police IACP International Association of Chiefs of Police MACV Military Action Command, Vietnam MCSCS Ministry of Community Safety and Correctional Services NASA National Aeronautics and Space Administration NYPD New York Police Department OAPSB Ontario Association of Police Services Boards OC Oleoresin Capsicum OPP Ontario Provincial Police OPS Ottawa Police Service PMI Persons with Mental Illness PSB Police Services Board RAND Research and Development RCMP Royal Canadian Mounted Police REA Rural Electrification Administration TVA Tennessee Valley Authority U.S. United States of America VC Viet Cong VicPD Victoria Police Department vi Chapter 1 Introduction On August 27, 2013, then Community Safety Minister Madeleine Meilleur announced that all front-line police officers in Ontario would be permitted to carry Conducted Energy Weapons (CEWs) [also known by their popular brand name ‘Tasers’].1 Prior to this announcement, CEWs were only available to officers in specialized and supervisory positions. This decision was accepted and embraced by many, including the Canadian Association of Chiefs of Police; however, it was also met with criticism because it has been argued that the weapon has been a contributing factor in many deaths throughout the world since police began carrying CEWs (Amnesty International, 2013; Canadian Civil Liberties Association, 2013). Bittner (1970) argues that the ability to use force is arguably one of the most defining characteristics of police work. The availability of CEWs for police officers provides more options when facing a critical situation where some force is warranted. However, having more officers carrying CEWs also creates the potential for indiscriminate use of the weapon because of its “nonlethal” label, as well as its perceived safety (Williams, 2012). The purpose of this thesis is not