Supply Service BLUE LINE TEMPLATE Guide 2013 Rev. Jan. 2013 & panasonic

February 2013 2 Blue Line Magazine February 2013 Volume 25 Number 2

Features 6 Video Evidence on Patrol Your new silent backup 8 Hamilton Go Live with Plain Language 20 Challenging Assumptions 24 rising Above the Tragedy 6 Remain vigilant and never stop learning 26 Teaming up to Combat Illegal Guns 28 Compelling agendas Key strategies for successful joint forces operations 33 Supply & Service Guide 2013 26 Departments 62 Back of the Book – Taming the bear 62 BlueLinks Advertisers Directory 61 Book Review – The politics of the people 46 Deep Blue – There is no evidence CISD works 22 Dispatches 48 Holding the Line – Wounded warriors; “that person is me” 60, 61 Market Place 5 Publisher’s Commentary – Working in a micro environment with 33 a macro vision 54 Technology – “Print” your own guns Case Law 56 Reasonable suspicion must precede crime opportunity 57 Interview delay justified; detention not arbitrary 58 Remand did not renew right to counsel

Blue Line Magazine 3 February 2013 February 2013 4 Blue Line Magazine Publisher’s Commentary Blue Line by Morley Lymburner Magazine Inc.

PUBLISHER Morley S. Lymburner - [email protected] Working in a micro environment

General Manager Mary K. Lymburner - [email protected] with a macro vision SENIOR EDITOR Policing is all about an individual officer inconsistent micro response capability. The Mark Reesor - [email protected] dealing with one problem at a time. This is a ideal for policing, as stated, is to work in a micro response. If a micro problem suddenly micro environment with a macro capability. NEWS EDITOR grows, the officer must have a macro system This means working on a community problem Kathryn Lymburner – [email protected] ready to respond. but being able to call upon a greater capability CREATIVE DIRECTOR As basic as this may sound metropolitan to resolve it in a fast and efficient manner. E. Jolene Dreja - [email protected] Vancouver’s current system is a hodge podge The Lower Mainland is in much the and patchwork system of mixed jurisdictions same state as the Toronto area in 1954, where Contributing Writers overlaying mixed or absent capability. Ac- the ability to handle small town issues was Mike Novakowski countability seems to go nowhere that the hampered by the need to respond to larger Mark Giles public can pin down and, unfortunately, the issues across broader areas. When serious Robert Lunney Dorothy Cotton region is blessed with many people who may problems crossed boundaries (such as rivers Dave Brown not like it but nonetheless tolerate it. flooding after Hurricane Hazel), there was no Tom Rataj The ideal policing format is a large police unified public safety agency, common plans service with strong community control and no of response or even the capability to create Affiliations political manipulation. These larger services one in advance. The biggest factors included International Association of must have the ability to function at the com- how fast could officers be marshaled to work Law Enforcement Planners munity level using the advantages that come together, how consistent would their training Canadian Advertising Rates Data with size, yet be able to deal with the smallest have been and how well the chiefs get along. International Police Association of needs. Is BC capable of delivering such In this day of terrorist threats, organized The Canadian Press Newswire a service? With the release of the Pickton crime, social upheaval, traffic congestion and Access Copyright Inquiry Report British Columbians must ser- the potential for natural disasters, none of iously grapple with this challenge. which respect boundaries, the greater Van- couver area clearly needs a unified police re- Subscriptions Policing has never lent itself easily to $30 per year; $50 for 2yrs; US & Foreign: $100 simplification. The average citizen thinks of sponse. There must be just one command level, the military when they see police and their rule book, training manual, set of procedures Advertising uniforms, guns and what appears to be exterior and accountability level. Most importantly 888-640-3048 [email protected] flak vests (only in , I might add), but there must be no political interference other armies work in a macro environment with a than what is necessary to make things happen. macro vision. A short time ago a BC politician was www.blueline.ca In the grand scheme of things policing was quoted as saying he was very pleased with the 12A-4981 Hwy7 East, Ste 254, originally designed to reflect the philosophy degree to which the provinces’ various police Markham, ON L3R 1N1 Canada that smaller is best and non-military is even departments worked together through their P: 905 640 3048 F: 905 640 7547 better. Sir Robert Peel had a revolutionary idea specialty inter-force squads. This reminds me [email protected] in the early part of the 19th Century – replace of a comment about the differences between soldiers, watchmen and insurance societies German and American engineering efficiency. PRINTED IN CANADA with a police force made up of citizens from It is said the Germans will build a machine to the community. They not only know what is exact precision utilizing a maximum number going on but have a vested interest in keep- of gears and everyone stands back and marvels ing it safe. in awe at how smoothly it all meshes together. ISSN# 08478538 Peel began with London and a large police An American will put two gears together, Blue Line Magazine was established in 1988 as an independent service, which wasn’t a paradox in his policing turn it on and get about doing the work it was publication to inform, entertain, connect and educate those involved vision. His concept was revolutionary for the designed to do. in the law enforcement profession. With no direct control from an enforcement agency, its opinions do not necessarily reflect those time and satisfied the needs of the industrial Canada is a big country and the need for of any government or law enforcement agency. revolution. Great numbers of people from the policing in any particular area must be based The authors, advisors, and publisher accept no liability whatsoever country were being displaced to cities to work on that area’s demands, geography, population for any injuries to person(s) or property resulting from application in the factories, foundries and commerce. With and other related factors. Policing must be of adoption of anything presented in this magazine. Readers are cautioned and advised that articles presented herein are edited this unprecedented social upheaval came a designed for optimum response balanced by and supplied for your personal awerness and should not be used more mobile society and large numbers of maximum capability. Lower mainland British for further actions until appropriate guidance is received from a supervisor, Crown Attorney or other persons in authority. transient neighbours. Having home-grown Columbia needs a micro ability with a macro cops who kept an ear to the ground was a capability. The BC Legislature is the only en- All material submitted for publication becomes property of Blue Line Magazine Inc. unless arrangements have been made with the distinct advantage in preventing crime. tity that can make that happen. All they need publisher prior to publishing. If you live in greater Vancouver does this is understanding, vision and courage. © 2013 All articles are protected by copyright. No part of this sound familiar? publication may be repoduced or transmitted in any form or means, electronic or mechanical, (including photocopying and recording or The pressure is on in the Lower Main- by any information storage or retrieval system), without prior permis- land to create a unified police service, which sion. Permission to reprint may be obtained in advance from Access would greatly benefit the greater Vancouver Copyright 1-800-893-5777. area. Currently it has macro problems with an

Blue Line Magazine 5 February 2013 the entire incident was recorded on my make false allegations. partner’s body camera. A Canadian newspaper editor recently The physical struggle lasted only three alleged police misconduct by a corporal Your new minutes, but like any police struggle it felt who was trying to make our roads safer. like a lifetime. Trying to capture everything The editor flat-out lied and used the power that happened as evidence was truly impos- of the media, not to mention his elevated silent sible. The human brain is complex, works position within it, to broadcast a message in funny ways and is not perfect. This was designed to support his own personal cause. the first night my partner wore his body He tried to undermine the credibility of camera and after the incident we sat down this police officer and the organization he backup and reviewed the video in awe. We didn’t represented. He lied about a person who remember some of the things we said and did. leaves his family at night to protect the by Deepak Prasad It was both amazing and reassuring to see our families of complete strangers. However, training take over in a high-stress incident. in this case, police fought back hard with If a picture is worth a thousand words, The body camera significantly in- video evidence from the corporal’s patrol what’s a video worth? creased the quality of our investigation but vehicle. Two words: case closed. Times have changed, society has also has the potential to give the public an Video evidence is not the “new police evolved and technology has taken over. unbiased view of what actually happened. thing.” In Canada, video-recorded “KGB” When we make an arrest, it’s on YouTube We learned what worked and what didn’t; statements (so-named after R. vs B (K.G.) within seconds; set up a checkpoint and this video improved us as police officers (1993) 1 S.C.R. 740 - Supreme Court of it’s on Facebook within minutes; make and as a police unit. Canada) are expected by Crowns, defence a mistake and it’s on the national news The use of cameras in our daily lives lawyers and judges alike, particularly in within hours. In today’s policing world we has become the norm. We see something cases of domestic violence. need to adopt what technology has to offer, we like; we take out our phones and take a US police agencies are far ahead of changing and evolving with the times. picture of it. We can take a video clip and, those in Canada in adopting variants of There has been a lot of talk about within seconds, send it to a friend across excellent evidence-collecting technology police-worn cameras used in the US. My the country – so why are we so afraid of such as body cameras. I am glad that my goal here is to give you a truly Canadian it? In recent cases of alleged police mis- partner, a traffic cop at heart, took the in- perspective. conduct, a three second video clip was itiative and purchased a body camera with Recently, my partner and I responded the most powerful piece of evidence so his own money. When our bosses read our to a disturbance call that resulted in a let’s use it to our advantage. We can show reports Monday morning and reviewed the physical altercation. The incident escalated the judge and jury what we saw and what video, they realized there were no concerns, to OC failure and came to an end with the really happened and use the technology to no risk of a public complaint and no risk to successful deployment of the conductive re-build our public confidence and deal the police officers who responded or to the energy weapon (CEW). The best part was with the people who run to the media and organization they represent.

February 2013 6 Blue Line Magazine We are always looking for ways to better serve our clients, the people that we swore to protect. During our disturbance call, we identified a male who initially claimed to be the victim in an alleged of- fence. He wasn’t previously known to us and we later discovered he gave us a false name. After reviewing the video with our fellow officers, we identified him as a prolific offender with an extensive criminal history and a long list of conditions. With- out video evidence, the investigators would not have been able to lay charges against him, thus failing to make the community safer. The public expects us to make our Body-mounted video pilots in communities safer and I think it’s fair to say that we need all the help we can get. Edmonton and Calgary Let’s face it; a police agency is con- sidered a corporate entity. In any corporate by Lucas Habib world, we need to protect ourselves from civil liability. In the incident to which my Police in Alberta’s two largest cities are partner and I responded, the male claimed testing body-mounted video (BMV). police brutality. When we reviewed the The (EPS) video there was none, just a false statement began a three-year pilot testing program in that would have otherwise cost thousands October 2011 while of dollars to investigate. I have been in- (CPS) is wrapping up a three-month pilot this volved in a public compliant and we all month. The two services are testing different know that it’s not a pleasant process. With BMV units and will share information with each in any sort of incident that may become the video evidence, we can rest assured that the other as the pilots conclude. subject of notes. truth will prevail. EPS considered 16 different products “Our guidelines tell officers to inform cli- We really need to “jump on the band- before settling on Reveal Media’s RS3-SX and ents that they are being recorded as soon as wagon” with video evidence. This is the ’s Axon Flex. The RS3-SX is a chest- it’s safe to do so,” she states. “Officer safety tool to help us re-build the public’s trust, mounted unit which features a front-facing comes first.” increase the quality of our investigations, screen and fully articulated camera. Stratton also emphasizes that members prevent false allegations and even help us The Axon Flex is a marker-sized camera can’t edit or delete any footage. When they weed out those unfit to do the job. designed for mounting on Oakley sunglasses return from their shift, the cameras are checked My partner and I have had the op- or a helmet. It is linked by wire to a control unit/ in and data is automatically uploaded to secure portunity to use both the dash cam and a battery pack, allowing a lower profile, pre-event servers. Each member can view his or her own body worn camera. While any camera is buffer recording and capability to view recorded footage but can’t view that of other officers or better than none, we both prefer a body videos on smartphones via Bluetooth. make edits. EPS has outfitted 22 officers with the worn camera. Its ability to document the Both Stratton and Kiez say that so far, no RS3-SX. To date, the Axon Flex has only been entire course of contact with clients is truly members have received any negative feedback tested in a controlled environment but it may amazing; it’s not limited to the confines from the public. Occasionally, says Kiez, a see some street action later this year. of a patrol vehicle and allows an officer client will request that the video be turned off. CPS is testing the Panasonic WVTW310, Officers are instructed to explain why they’re to review the video and create a detailed which was released after Edmonton’s pilot wearing the BMV and how transparency is a report about the incident. Also, in my own got underway. Some of its features include benefit for everyone – and after hearing that experience, no matter what camera I used, a wide-angle lens and interaction with in-car rationale, all clients have agreed. the agitated client in front of me takes a step video – when officers retrieve files from their Overall, both Stratton and Kiez are happy back and adjusts their behaviour when I tell shifts, in-car and BMV footage will be linked. with the video quality they’ve been receiving. them our interaction is being captured on CPS currently has about 50 members in Stratton says that the RS3-SX has performed camera. By calming the client, the camera K9, gangs unit and general patrol wearing the well in low light and cold weather. creates a safer, less stressful environment cameras. Sgt. Evel Kiez says the service is Kiez calls the use of video in a couple for both of us. analyzing the video for both stability and quality of incidents “life-altering.” In one case, an Here is some food for thought; my – “this isn’t ‘The Blair Witch Project’,” he jokes. impaired driver refused to provide a breath police agency is teaching us a new way Both forces have instituted a number of sample to the breath tech and was cursing to write our reports by putting the human safeguards to ensure that the public feels and hitting the walls. element back into the process. Well, with comfortable being recorded during interac- “No defence lawyer would want to see video evidence supporting our written tions with police. While there are no Privacy that being played in a courthouse, so they will reports and notes, we can achieve that Act concerns, people will naturally fear that be more willing to cut a deal for early case goal. The old days of being able to “justify the recordings could be altered by police who resolution,” reasons Kiez. “That’s a time and anything” are over. It’s time we showed the have broken laws or codes of conduct. money saver for both the police and the court public what we face every day; it’s time that Dr. Mary Stratton, EPS research analyst, system – and it gets officers back out on the they saw the truth. is co-ordinating the BMV pilot project along street sooner.” with project manager and technical security advisor Rick Tuson. Stratton says that offic- RCMP Constable Deepak Prasad is stationed to the Port Lucas Habib is a freelance writer and Blue Line Hawkesbury Detachment in Inverness County District. ers are instructed to treat the camera as if Magazine’s Alberta Correspondent. He may be Contact him at [email protected] or 902 it’s a notebook – leave it off most of the time reached by email to [email protected]. 625-2220 for more information. but turn it on if they are about to get involved

Blue Line Magazine 7 February 2013 Hamilton police go ‘live’ with plain language by Treena Ley cation component was established there not use a 10-13 code. was still the potential for communication The varying code meaning could easily Interoperability can be defined as the break-down because of the use of different cause confusion for incidents that cross ability for public safety agencies to func- 10-codes. jurisdictional lines. A Hamilton officer tion effectively and talk to one another 10-code history involved in a pursuit would be confused if via radio communications on demand, in Time and encrypted radio technology the Halton dispatcher was to request their real-time when needed. has made 10-codes, introduced in the 10-13, perhaps wondering why dispatch While many officers believe communi- 1930s to enable police to communicate in would be asking them to take lunch! cating with other police services and public a “secret coded language,” somewhat un- Today, our secret ‘cop-talk’ is not as agencies is as easy as flipping a switch, this necessary. The Police Commission secretive as we would like to think. A quick is unfortunately not the case. Your local released a standardized phonetic alphabet Internet search provides a detailed list of fire department, paramedics and even many and 10-code in 1975 to be used by all the the 10-codes for most police services. The neighbouring police services use different province’s police agencies to safeguard the HPS recognized that the need for them radio systems. Multi-agency communica- confidentiality of CPIC. However, over would no longer be vital with the new tion is further compromised by using dif- the years individual agencies customized encrypted radio system and explored the ferent 10-codes. This can be problematic them, resulting in different meanings from opportunity of switching to plain language. in joint forces operations because radio jurisdiction to jurisdiction. transmissions can easily be misinterpreted. The HPS borders with five police Plain language The Hamilton Police Service (HPS) agencies and all use different codes. For Plain language is not an entirely new began preparing last year to upgrade from example, 10-13 means ‘lunch break’ for concept. The New York State Police has an unencrypted analog radio system to Hamilton but ‘advise road and weather used ‘plain talk’ for the past four decades an encrypted digital P25 system, which conditions’ for Halton, Brantford and the and the State of Virginia began using it enhances the ability to communicate with Ontario provincial police. It means ‘carry- in 2007. other emergency responders. However, it ing passengers for Niagara Regional Police Emergency personnel responding to the recognized that once the digital communi- Service’ and Waterloo Regional Police do 9/11 attack were unable to communicate

February 2013 8 Blue Line Magazine “In the fall of 2005, Hurricane Katrina devastated the Gulf States region, further emphasizing the difficulty of multi-agency emergency communication, which impeded the rescue efforts of emergency responders. Consequently, the United States Federal Management Agency has since mandated that all public safety responders must use plain language during multi-agency incidents.” While major disasters such as 9/11 and Hurricane Katrina do not occur every day, daily incidents such as fires, chemical spills, vehicle pursuits and missing chil- dren require different emergency agencies to communicate with each another. Even though major multi-agency incidents are rare in Canada, they do occur. The G20 in Toronto is an excellent example of multi- agencies working together and the essential need for proper communication between police agencies. We were surprised that Lethbridge po- lice was the only Canadian police agency we could find that uses plain language. Members were extremely helpful in pro- viding suggestions and input to ensure because agencies used different radio chan- a successful launch and transition. We nels and 10-codes. learned that the major issue the Lethbridge “Many emergency responders believe Police Service faced when it began using that the communication breakdown contrib- plain language in 2007 was skepticism and uted to the deaths of many police officers resistance, primarily from senior officers and firefighters,” the International Asso- accustomed to the traditional 10-code ciation of Chiefs of Police (IACP) found. system.

Blue Line Magazine 9 February 2013 Implementation HPS formed an implementation com- mittee to gather input, with representation mainly from front-line members and com- munications personnel, as they would be impacted the most. The main objective was to put forth recommendations and sugges- tions. The committee’s most significant recommendation was to keep ten of the 39 HPS 10-codes for officer safety and privacy reasons. A concern with regards to brevity on the air was also raised. The committee reviewed each 10-code individually and de- termined that plain language uses the same amount of airtime and even less in some cases. Ear pieces were made available to all front-line members to prevent suspects and others overhearing transmissions. The HPS took a simplified approach to plain language training. A short 30 minute PowerPoint was presented to all members who use radios and each was given a new modified 10-code card for their notebooks. The presentation and additional instruc- Cheryl Lisson, Communications Training Branch, (left) shown with author Treena Ley. tions were posted on the HPS in-house Cheryl is one of the lead coordinators with the Hamilton Police Implementaion Commitee. training database so all members could reference it at any time. The HPS plain language initiative went ‘live’ on the first day of 2013. Our officers are clear and concise with their radio trans- missions but more importantly, the HPS is confident in our ability to effectively communicate with our emergency partners during multi-agency events. “Plain language for radio communica- tions is a key component of interoperabil- ity,” noted Louisiana State Police Major David Staton. “Agencies can only work together if they are all speaking the same language. “Plain language is the future of law enforcement communication. Transitioning from 10-codes to plain language is not difficult, but it requires cultural change within the organization. Leadership from commanders and supervisors, along with buy-in from officers, is the key to success. As with all change, the use of plain lan- guage improves with time.”

Treena Ley is a sergeant with the Hamilton Police Service Training Branch, Professional Development Division. Contact her at [email protected] or 905 546-4965 for more information.

February 2013 10 Blue Line Magazine Blue Line Magazine 11 February 2013 by Morley Lymburner microphone button, then pause briefly before common rules of use from agency to agency. speaking but sometimes they would forget to As an example I checked in with some One of the questions often asked by the wait. Preceding each code with “ten-” gave New York State police agencies and focused public is why police use codes in communica- the radio transmitter time to reach full power. on one code (10-10) to determine how it is tions. Is it to thwart the casual snooper, con- Ten-codes, especially “ten-four,” first used: serve air time or simply sound professional? reached public recognition in the mid- to late- • Monroe County Police = Fight; The best answer I could come up with after 1950s through the popular television series • Nassau County Police = Call your Command; some brief research is “all of the above.” with Broderick Crawford. • New York City Police = Possible crime in Development on the 10-codes began in Crawford would reach into his patrol car to use progress; 1937, when police radio channels were lim- the microphone to answer a call and precede • Poughkeepsie Police = Go to scrambler; ited. With more and more calls for service they his response with “10-4.” • Suffolk County Police = Auto accident; were used to reduce radio time. The “cool factor” with 10-codes came • Amherst Police = Sexual assault. Credit for inventing the codes goes to about during the CB radio craze in the late Tonawanda, New York (a laid-back suburb Charles “Charlie” Hopper, communications 1970s. The hit 1975 song “Convoy” by C. of Buffalo): director for the Illinois State Police. Hopper W. McCall depicting conversation among • Code 8 = Out of Service - Investigating; had been involved in radio for years and real- CB-communicating truckers put phrases • Code 11 = Out of service; ized there was a need to abbreviate transmis- like 10-4 and what’s your twenty? (10-20) • Code 12 = Out of service - Can take call; sions on state police bands. into common use in American English. A • Code 14 = Lunch; Experienced radio operators knew the 1978 movie Convoy, loosely based on the • Code 15 = Coffee break; first syllable of a transmission was frequently song, further entrenched 10-codes in casual • Code 50 = Request beverage; not understood because of quirks in early conversation. • Code 100 = Gassing vehicle. electronics technology. Radios up to the 1960s The transition from the necessities of older (Must be a great place but Canadian cops used vacuum tubes powered by a small motor- technology to simple tradition was inevita- can’t apply). generator called a dynamotor. It took from ble and most communications bureaus hold Many of these agencies have already mi- 1/10 to 1/4 of a second to “spin up” to full on to the ten codes for no apparent reason. grated to common language usage. power. Police officers were trained to push the Worse still is the dangers inherent in a lack of

February 2013 12 Blue Line Magazine by Morley Lymburner P25’s Suite of Standards specify eight elements of the RF subsystem to be managed. open interfaces between the various compon- • Data Network Interface standard specifies Some police and other emergency services ents of a land mobile radio system: the RF Subsystem’s connections to comput- across North America began reviewing their • Common Air Interface (CAI) standard speci- ers, data networks, or external data sources. communications needs post September 11. fies the type and content of signals transmit- • Telephone Interconnect Interface standard This singular watershed event displayed a ted by compliant radios. One radio using CAI specifies the interface to Public Switched wide variety of shortcomings in emergency should be able to communicate with any Telephone Network (PSTN), supporting communications both within house and while other CAI radio, regardless of manufacturer. both analog and ISDN telephone interfaces. intercommunicating with other agencies. • Subscriber Data Peripheral Interface standard • Inter RF Subsystem Interface (ISSI) stan- These problems were also compounded by a specifies the port through which mobiles dard specifies the interface between RF digital/analog changeover period which saw and portables can connect to laptops or data subsystems, which will allow them to be serious problems with transitional hardware networks. connected into wide area networks. incompatibilities. • Fixed Station Interface standard specifies a The Association of Public Safety Com- set of mandatory messages supporting digital Resources munications Officials (APCO) has come to voice, data, encryption and telephone inter- Project 25 Technology Interest Group (PTIG) home page: the rescue by helping to initialize and institute connect necessary for communication be- http://www.project25.org/ Project 25. This project sets up standards for tween a fixed station and P25 RF subsystem. Motorola Project 25 portable radios and information: all manufacturers of emergency communica- • Console Subsystem Interface standard http://www.project25.us/ APCO International Project 25 page: http://www.apcointl. tions equipment. Although not legally binding specifies the basic messaging to interface a org/frequency/project25/ - all companies interested in marketing to the console subsystem to a P25 RF subsystem. APCO-25 control channel information: http://www.aer- emergency communications industry must • Network Management Interface standard oflex.com/products/commtest/pmr/appnotes/p25cc.pdf seriously consider the marketability of their specifies a single network management Daniels’ P25 Radio System Training Guide: http://www. p25.com/resources/P25TrainingGuide.pdf technology if they choose not to comply. scheme which will allow all network Project 25 (P25) or APCO-25 refers to a suite of standards for digital radio communi- cations for use by federal, state/province and local public safety agencies in North America to enable them to communicate with other agencies and mutual aid response teams in emergencies. Although developed primarily for North American services, P25 technology and prod- ucts are not limited to public safety alone and have also been selected and deployed in other private system application, worldwide. P25 equipment has also been selected for a railroad system, including rolling stock, personnel, and transportation vehicles. P25-compliant systems are being increas- ingly adopted and deployed. The largest advantage is that compliant radios can com- municate in analog mode with legacy radios, and in either digital or analog mode with other P25 radios. Additionally, the deployment of P25-compliant systems will allow for a high degree of equipment interoperability and compatibility. P25 standards use the Improved Multiband Excitation (IMBE) vocoders which were designed by DVSI to encode/decode analog audio signals. P25 may be used in “talk around” mode without any intervening equipment between two radios, in conventional mode, where two radios communicate through a repeater or base station without trunking, or in a trunked mode, where traffic is automatically assigned to one or more voice channels by a repeater or base station.

Blue Line Magazine 13 February 2013 A small sticker defends against apathy by Tom Wetzel violent criminals and unmet personal expectations. Their corrosive damage can extend beyond Retired officer Ron Borsch recently gave me the doors of the agency and reach into our homes, a memorable gift for my shift. Ron served his touching families and affecting personal relation- community for more than 30 years and continues ships with loved ones and those with whom we to serve his colleagues through instructing and serve. Complacency and apathy are realities and managing the SEALE Academy, which offers in require regular vigilance to lessen or prevent their service police training. negative effects. Ron is one of those guys who spends a portion Police leaders need to help officers focus on bat- of each day thinking of how he can help keep his tling complacency. Finding innovative ways to help peers safe. He is passionate about finding ways to can range from the simple to the complex – teaching outsmart the bad guys and effectively defend against a new defensive tactic, for example, or buying a new their assaults. Getting each and every officer home piece of equipment. safe after a shift is a primary focus of his thought Finding solutions to prevent or lessen the effects process. of apathy and complacency are important investments Ron has been a strong and long consistent voice for a police agency. With more officers having to work on the value of single officer responses to active longer due to strapped pension funds or children’s shooters. A good example is his “Tactical First educational expenses, agencies may be filled with too Responder” course, which teaches how to best stop many officers especially susceptible to damage. To those intent on mass murder. address this, develop strategies that focus on teaching The gift he gave me was hardly surprising – personnel to stay sharp and immunize them, so to orange stickers about the size of a half dollar. Each speak, from the disease of complacency. had a check mark followed by the number “6.” the complacency and apathy that can set in at any Defending against an apathetic attitude is not The “check your six” idea is a phrase that has point in a career. easy and requires an earnest effort by officers and caught on where an officer looks behind them to Unfortunately, I suspect complacency and their leadership. As Ron has shown, just finding a make sure their back guard is clear. The stickers, apathy, which can negatively feed off each other, way to remind officers how to stay safer is a step in which Ron designed, are intended to be placed cause far more injury and loss of life to police of- the right direction. on objects that an officer regularly uses or sees ficers than we realize, resulting in cops letting their to remind them of the importance of being aware guard down sooner than they should. They also of what is behind them – a locker, closet door or cause physical, mental and spiritual complications. Tom Wetzel is a suburban northeast Ohio police lieuten- cruiser dash for example. Complacency and apathy can result from the ant, trainer, SWAT officer and certified law enforcement The importance of Ron’s “check 6” reminders strains of rotating shifts, poor diets, exposure to sad- executive. Contact him at [email protected] with your are obvious and demonstrate the value of finding ness and danger, department politics, negative media comments or for more information. ways for officers to not only stay safer but combat coverage, criminal justice inadequacies that favour

February 2013 14 Blue Line Magazine Blue Line Magazine 15 February 2013 February 2013 16 Blue Line Magazine What’s in a uniform? by Andrew F. Maksymchuk

Like many old retirees, I usually end my day watching the nightly national news. A well-spoken, young OPP officer at the scene of a highway washout captured my attention one evening. She was neatly and properly attired and wore headgear (peak cap in this instance), which so often seems to be missing these days. The sense of confidence she exuded commanded respect, as did her tidy and properly-worn uniform. Shoulder patches and badge made it immediately clear that she was a member of the OPP. Having once been con- nected with that well-reputed organization, I was immediately filled with pride – and taken back more than 48 years to the day I first put on my uniform. I joined the OPP in March 1964 but worked in civilian clothes until mid-May, when my uniform finally arrived. The sergeant in charge of the Kenora detachment handed me Uniform resistance Mahony did not stay out of police work the boxes and told me to take them home and No uniforms existed when the OPP was for very long. Within a few months he was on return in uniform as soon as possible. Back at established in October, 1909; the mere idea his way to Saskatchewan to serve as special my rooming house I tore into the packages. was considered absurd and opposed by many constable in the attorney general’s department. Over a long-sleeved light blue shirt and dark members. By May 1910 however, uniforms Six years later he would be asked to form the blue clip-on tie I eased into the navy-blue serge similar to the blue serge tunics of Canada’s Saskatchewan Provincial Police (SPP). tunic and trousers. Bright red piping ran up the were decided upon, with Saskatchewan became a province in outside seam of the trouser legs to enhance the the exception of the spiked helmets. Stetson 1905 and the new government contracted navy hue. The gold triangular shoulder patches hats were favoured as being more serviceable. with the North West to identified the wearer as with the OPP. The requirement to wear a uniform provide provincial policing. When the now I pulled on the heavy black leather boots, caused such indignation that a few members Royal North West Mounted Police refused then the matching Sam Browne, consisting of of the newly-established force resigned in to enforce the province’s newly-enacted a wide waist belt and narrow over-the-right- protest. One highly-respected officer with 21 liquor prohibition law in 1916, the govern- shoulder cross strap. It would carry my re- years of police experience, Charles Mahony, ment decided to form its own provincial volver in a flapped holster, cross-draw fashion refused to wear the new uniform. Mahoney, force. Mahony was appointed its first com- on the left, and my handcuffs in a pouch on inspector of criminal investigations, had missioner and given the formidable task of my right. I retrieved a small billy from another received a medal for bravery and had been establishing the SPP within three weeks. box and fitted the eight inch long, lead-filled shot twice in two separate gun battles. How- Despite his aversion toward uniforms, leather “sap” into a special narrow rear pocket. ever, despite a petition sent to the attorney Mahony outfitted his members with brown I placed the peak cap with metal badge and general and a delegation of 14 prominent boots and leggings, khaki breeches with red maple leaf-embroidered black band on my men protesting his suspension to the local stripe and a long khaki tunic with close neck head and proudly walked the long way back to MPP, he was terminated. collar. Headgear was a Stetson hat with the the detachment – occasionally glancing at my reflection in the store windows and noticing the public noticing me. I was expected to keep the leather boots and Sam Browne well polished; wear the peak cap at all times, even while driving or riding in a cruiser (those unfortunate extra tall guys just had to slump down in the seat during daylight hours); wear the tunic at all times except dur- ing the “summer” period from mid-May to mid-September – even on hot days outside that time period; and keep the sleeves of the long-sleeved shirt (the only type issued) rolled down and buttoned year ‘round. Supervisors ensured that all rules were adhered to, for if a subordinate was caught by a higher rank, the supervisor would also be taken to task for “poor supervision.”

Blue Line Magazine 17 February 2013 brim turned up on the left side similar to the South African bushman’s hat. Dress for the officers varied little, except for an open tunic with shirt and tie along with a khaki forage cap. I could find nothing to indicate whether Mahony ever wore one. Mahony was the first, and only, SPP commissioner. Less than 12 years after its formation, it was disbanded in 1928 for eco- nomic reasons and Saskatchewan returned, under contract, to the now Royal Canadian Mounted Police for its policing. Mahony had a reputation as being “an honest law enforcer, fair in his dealings and able to enforce discipline without rul- ing with an iron hand, couldn’t be swayed by politicians of influence, frugal with his Above: Dominion Policemen in uniform, outside the Parliament Buildings in Ottawa, 1909. From finances.” Was he right in his stand against 1868 to 1920, the Dominion Police were responsible for guarding the Parliament Buildings, Rideau the uniform issue? Was his termination the Hall and other government-owned property in Canada’s capital. correct action to take?

Changing styles Police uniforms have changed greatly over the years. An ongoing, harmonious and hard-working relationship between manage- ment and associations, involving constant research and change, provides for uniforms and equipment with the best in comfort, serviceability, protection and appearance. I saved thousands of dollars by not hav- ing to buy work clothing over my 31 year career. Wearing my uniform as required and keeping it clean and tidy was little to ask in return. All police officers should take pride in Above: Uniforms for the OPP, 1910. L to R: T.D.Greenwood; wearing a uniform that changes with the P.Kelly; M. McNamara; J.N. times yet, if properly worn and maintained, Pay. (The Canadian Courier) not only provides for the best in worker safety but presents a professional appear- Right: SPP Constable Harry ance we can all be proud of. Boyce, June 1919.

Left: Saskatchewan Povincial Andrew F. Maksymchuk is a retired OPP Inspector Police Badge. (Ret’d.) now living in Vernon, B.C.

Above: Photograph of John Stinson as a Cor- poral in the Saskatchewan Provincial Police. (Photo source – John Stinson)

February 2013 18 Blue Line Magazine Blue Line Magazine 19 February 2013 Challenging assumptions heights and elevated dreams. We draw on their accomplishments to inspire the new collection of members that are keen to do the same. So what have we achieved over the years? Well, let’s start with having a current and a retired deputy chief of the (TPS), a retired assistant commissioner of the On- tario Provincial Police, a retired deputy minister, a regional director and two female superintendents of correctional services, all of whom are members of this association. We are truly blessed to have the opportunity to present scholarship awards to these extremely worthy recipients. A message (edited) from Inspector Keith We honour their commitment to making a dif- Merith, President of the Association of ference and affecting change in their community. Black Law Enforcers, delivered at the In addition we honour these young people who 20th anniversary scholarships award Inspector Keith Merith, exemplify our theme. The members of ABLE presentations. hope their goals will include a commitment to sumptions and did what was right in addressing service. racial discrimination and unfair work practices. The Association of Black Law Enforcers The road to success is not always straight. Shifting attitudes is evident in the respect (ABLE) is a non-profit organization formed in There are curbs called failure, loops called confu- and inclusion that this association has received 1992 to address the needs and concerns of black sion, speed bumps called friends, red lights called from many of the organizations that make up and other racial minorities in law enforcement enemies, caution signs called families and flat our criminal justice system and the community and the community. The membership includes tires called jobs, but if you have a spare called at large. Institutions big and small engaged in police, law enforcement officers and community “determination,” an engine called “perseverance” the business of justice are reaching out to ABLE members. with insurance called “faith” and the drive to for advice or requesting our point of view on I am honoured to be able to serve in the cap- make it, you will succeed. As you move forward evolving matters. acity of president of this great organization and ap- always remember that one of life’s tasks is not to Redefining changespeaks to the collection of preciative of the opportunity to host this event. The take simple things and make them complicated organizational wisdom vetted through time that chosen theme, “Challenging assumptions, shifting in order to serve yourself but quite the opposite. guides our perspective on change. Change speaks attitudes, redefining change,” accurately denotes Take complicated things and make them simple to transformation and in that change we have built our function throughout ABLE’s existence. to enrich others. Progress depends on the choices current and future leaders in all aspects of life. Challenging assumptions in the early days we make today for tomorrow. We have been blessed with leaders such as was risky business. Forming an organization ABLE is strong and its future is bright. In Jay Hope, Keith Ford, Peter Sloly, David McLeod such as ABLE was viewed by some as racially the coming years, as part of our go forward and Dave Mitchell, each of whom have redefined divisive and unnecessary. Seven insightful and plan, we will dedicate more time and effort into change and made us see and aspire to new brave founding members challenged these as- uplifting our youth by offering sound mentoring and coaching at every level of growth. We will continue to build positive constructive relation- ships in our diverse communities by working with community partners to provide effective dialogue and a commitment to service. We will also continue petitioning for the hir- ing and promotion of diverse law enforcement officers and criminal justice workers. ABLE leads by example, providing the knowledge base, required skills and proven ability to achieve. This association celebrates the past, deals with the present and prepares for the future. Members have made a commitment to service that is self evident. Our work has made a positive difference in the lives of so many and has contributed toward the development of better communities in this great country. We must stay the course and continue to do what is right. We must work together as a unified group equipped with our wisdom, experience, sense of justice, education and sense of fair play. History has taught us that together we can achieve. We are proud stakeholders in our respective agencies and cannot afford to give up ground that we have strived so hard to achieve.

February 2013 20 Blue Line Magazine Blue Line Magazine 21 February 2013 Meeting the challenges of the future

History Vision promote understanding of the law, “The formation of the associa- ABLE is founded on the vision • Encourage membership from among tion marks a new level of matur- of law enforcement professionals black and racial minority law enforcers ity in the black community in who adopted respect, courtesy, and persons and organizations interested Ontario and, in my view, will service and professionalism as in furthering ABLE’s objectives, contribute greatly to the promo- core values to guide its members • Provide information, support, coun- tion of the public good” – Fed- and their work. selling and professional advice to all eral court Chief Justice Julius We acknowledge with pride members, Isaac in greetings sent to ABLE’s the dedication of black people • Promote professionalism among ABLE inaugural ball April 20, 1993. who have contributed to law en- members. ABLE was the vision of a group forcement in Canada. of black law enforcement professionals We as an association celebrate the past, ABLE and racial profiling who met October 24, 1992 to establish deal with the present and prepare for the future. “ABLE acknowledges that the vast major- the foundation of an organization with the ABLE will continue to recognize and ity of law enforcement officers in our country principle aim of being a force for positive respect its partnership with all law enforce- perform their duties in a professional, honour- change in the society in which they lived ment agencies. able and ethical manner. At the same time, we and worked. accept the presence of the law enforcement “With the (ABLE) constitution serving as Goals and objectives phenomenon known as racial profiling. our roadmap... (we) will provide a high level • Build bridges between law enforcement ABLE has adopted the following defin- of service to our members, our community agencies and the community at large, ition of racial profiling: and the greater law enforcement profession. • Support the pursuit of post-secondary Investigative or enforcement activity initi- Our commitment as professionals will assist education and provide scholarship op- ated by an individual officer based on his or her in meeting the challenges of the future” – an portunities to racial minority youth, stereotypical, prejudicial or racist perceptions of early statement from David Mitchell, the first • Improve the image of law enforcement who is likely to be involved in wrong doing or ABLE president. in the community, criminal activity. This conduct is systemically fa- Scarborough graduate student Dwight • Promote racial harmony and cultural cilitated when there is ineffective policy, training, Williams designed the familiar ABLE logo. pride within the law enforcement com- monitoring and control mechanisms in a system” This unique identifier graced the cover of our munity, – a statement on racial profiling published by inaugural ball magazine in June 1993. • Educate the community about and ABLE president David Mitchell May 24, 2003.

February 2013 22 Blue Line Magazine bates

Blue Line Magazine 23 February 2013 rising above the tragedy

hopelessness when parents found out their Most were unpleasant and in many cases the Remain vigilant and children would never come home again. They end result was quite tragic. The one difference are no more. was that there was usually only one victim. never stop learning There was no safer place for these parents I can assure you that any incident involv- to send their children than the local elemen- ing a child had an emotional toll on all of us by John Muldoon tary school. They faced mental challenges, and caused trauma and anguish. Multiply new life experiences and made new friends. that 20 times and you start to appreciate the While our world’s population continues There were concerts, pageants and fundrais- immensity of Newtown. to grow, safe havens for our youngest and ing events and sporting activities. Soon there I am sure the first responders were not most vulnerable shrink. We see images of would be class dances and then graduation. expecting to see what awaited them – the bod- dead or dying children in war torn or famine Parents would bring their parents to see their ies of numerous young children and adults, stricken countries and somehow we can deal child take the next step to higher learning and frozen in time. with that. We protest, collect money and the next phase of their life. Surviving children were lead to a nearby clothing and send aid. We can even live with This world suddenly stopped for these fire station, where anxious parents would the odd domestic child homicide. families the morning of December 14 – in eventually meet up and reconnect with their Tragic but we move on. a town where this kind of thing just doesn’t child – but for some parents, there would be We entered a new era on December 14, happen. no reconnection. 2012. A gunman killing 20 young school As a former civilian director of public The (state and local) police, volunteer children (12 girls, six boys) in the picturesque affairs for a large Ontario police service and firefighters and EMS kept their professional little town of Newtown, Connecticut ripped then communications manager for one of faces on, dealing with the injured and doing the emotional “guts” out of many. this country’s largest school boards, I was what all professionals are expected to do. There are no words to describe the sor- exposed both directly and indirectly to num- It could not have been easy. No amount row, shock, anguish, sense of loss and total erous situations involving young children. of training could prepare them for the most emotionally depleting scene most would ever see. In the end, there were 26 dead – 20 children and six adults. It has been my experience in both poli- cing and education that the co-operation between teaching and senior staff, school administration and the police is excellent – and that’s the way it has to be. As a young child, I knew I was safe when with my parents, grandparents, aunt and uncle or sometimes even an older sibling. I also knew I was safe at school. It embraced, nurtured and, at times, disciplined you but you knew you were safe. That day now ap- pears to have passed. What are we going to do about it? There seems to be complete government

February 2013 24 Blue Line Magazine paralysis in the United States when it comes to moving the country forward. Strong lob- bying groups for most every imaginable issue draw national media attention and support to Memorium stall or stop new legislation. Lobby groups pull out the constitution and point to the right Charlotte Bacon, age 6 Jack Pinto, age 6 to bear arms when gun control is raised. It is Noah Pozner, age 6 a no-win situation – so what can be done to Daniel Barden, age 7 prevent incidents like Newtown or Dawson Olivia Engel, age 6 Caroline Previdi, age 6 College? We could express sympathy, offer con- Josephine Gay, age 7 Jessica Rekos, age 6 dolences and wait for the issue to fade away. That’s what happens when lobbies block any Ana Marquez-Greene, age 6 Avielle Richman, age 6 room for movement. Total frustration. Dylan Hockley, age 6 Benjamin Wheeler, age 6 We need to review the legislation that allows us to purchase and carry guns. I know Madeleine Hsu, age 6 Allison Wyatt, age 6 there are hunters and hobbyists who use their guns responsibly and keep them locked up as Catherine Hubbard, age 6 Rachel Davino, age 29 required. I don’t have a problem with that. Chase Kowalski, age 7 Dawn Hochsprung, age 47 Where I do have a problem is with il- legal weapons, especially and semi Jesse Lewis, age 6 Anne Marie Murphy, age 52 automatic weapons. There are too many on our streets. We need stronger legislation and James Mattioli, age 6 Lauren Rousseau, age 30 stiffer penalties for people who possess and Mary Sherlach, age 56 use illegal firearms. Grace McDonnell, age 7 In response to a media question about Emilie Parker, age 6 Victoria Soto, age 27 this issue, Toronto police chief Bill Blair countered with a question of his own: “Do you want to protect your children or do we want to protect your gun collection?” • All major school events, either on or off Protect all children but especially our As ridiculous as the question sounds, campus, must have at least one police officer most vulnerable – the young children. that’s how basic the discussion has to be. in attendance. Take a moment to shed a tear before The federal and provincial governments • School boards must develop a daily register carrying on – and never forget a tragedy in a should work together to develop joint school of major events and send it to local police small town where this kind of thing was never safety protocols. The prime minister should at least three days in advance. supposed to happen. ask for an all-party committee made up of • Where funding and resources allow, in- senators, MPs and senior bureaucrats from crease the school liaison program in both all the pertinent ministries. Senior police elementary and high schools. John Muldoon, APR, FCPRS, LM, was director of leaders, first nations and public health should We may never know why the Newtown public affairs at through the ‘90s support the committee as both resources and and manager of communications and public affairs at shooting occurred but law enforcement must the Toronto District School Board until March 2006. He advocates. remain vigilant. If a massacre can happen has served on committees for the OACP and OMRON. This committee would have one objective once, it can happen again – when we least Contact: [email protected]. – keep our young people safe. expect it. Local boards of education and police departments need to set up formal protocols with well thought out strategic plans that cover major incidents and have real time mandatory testing – four times a year for Kindergarten to grade four and twice a year for grade five to eight. Other changes we need to make: • Universities and colleges must work with lo- cal police departments to put an emergency Pelican plan in place and test it regularly. Institu- tions must also develop a formal method of contacting students. • Laws and penalties must reflect the serious- ness of possessing an unregistered firearm, including doubling the sentence for using it in the commission of a crime. • All school districts must hold a parent/ school district/local police joint safety meeting annually. Districts and police will explain terms (i.e. lock down), detail pre- cautions they are taking to protect children and review possible scenarios so parents will better understand what is happening during an emergency. • Require by law all schools lock outside doors while school is in session.

Blue Line Magazine 25 February 2013 Teaming up to combat illegal guns

by Tony Palermo

The 1994 shooting death of 23-year-old Georgina “Vivi” Leimonis during an armed robbery at an upscale Toronto coffee shop Halton, Hamilton, London, Niagara, Ot- Intelligence-led, team-based attracted national media attention. Nick- tawa, Peel, Windsor, York, the RCMP policing named the “Just Desserts Shooting” after the and Canada Border Services Agency The PWEU also has a special agent and cafe where the crime occurred, the shooting (CBSA) – and maintains solid partner- legal attaché from the US Department of sparked a public outcry demanding change. ships with several other organizations, Justice’s Bureau of Alcohol, Tobacco, Fire- Soon after, the Ontario Provincial including the Criminal Intelligence Service arms and Explosives (ATF) assigned to it to Police’s Provincial Weapons Enforcement Ontario (CISO), Criminal Intelligence Ser- enhance cross-border information sharing. Unit (OPP PWEU) was formed. As one of vice Canada (CISC) and the RCMP’s Fire- “Our partnerships enhance the pro- the longest standing joint force operations arms Investigative Enforcement Services duction and exchange of information and in Ontario, the investigative unit, led by the Directorate (FIESD), which also includes promote an integrated, intelligence-led OPP, is assigned to combat illegal firearms the National Weapons Enforcement Support approach to law enforcement,” says Det. S/ trafficking in Ontario. Falling under the Team (NWEST). Sgt. Joe Goodwin, PWEU Operations Co- force’s umbrella Organized Crime En- “This is definitely an organization where ordinator. “There are numerous examples of forcement Bureau (OCEB), its intelligence you leave your flash at the door,” says Det. successful cross-border investigations that and information sharing capabilities are Cst. Chris O’Brien, an Ottawa Police Ser- demonstrate the importance of these close extensive. vice officer tasked to the PWEU. “It’s a co- and effective partnerships.” The PWEU includes members from operative effort that works well and bridges Goodwin points to 2010’s Project several law enforcement agencies – Durham, the gap between the various services.” Folkstone, a seven-month joint-force in- vestigation involving members from the OPP, Toronto, Windsor, York, CBSA and ATF. It resulted in 22 arrests, some 250 criminal charges and led to the recovery of more than 15 illegal guns, a large quantity of drugs (including $400,000 of cocaine and $75,000 of marijuana), cash and other property obtained by crime. “Using the intelligence-led policing ap- proach, Project Folkstone centred on a crimi- nal organization involved in a cross-border gun smuggling operation that specialized in the trafficking of illegal guns in the Greater Toronto Area,” says Goodwin. “In fact, they were smuggling both guns and drugs into Canada from the US.” Goodwin estimates that approximately

February 2013 26 Blue Line Magazine 55 to 60 per cent of the guns being illegally non-restricted firearm used in a crime, the shipped into the country come from the US, police cannot ensure public safety by deter- the majority handguns. mining who was responsible for allowing In addition to identifying and taking their lawfully-owned and registered firearm enforcement action against people involved to fall into the hands of criminals in the same in the illegal movement of firearms, am- way police can with restricted and prohibited munition and explosives, the PWEU is also firearms.” tasked with identifying and tracing crime Dobbin also notes that certain criminal guns and taking action against those in pos- and dangerous activities can possibly be session of them. prevented by requiring non-restricted fire- By definition, a crime gun is: arms to be registered. Domestic violence is • Any firearm that is used, or has been used, a classic example, which she says develops in a criminal offence; over time and escalates when left unchecked. • Any firearm obtained, possessed or in- When police intervention occurs early, there tended to be used in criminal activity; is a greater chance victims will not be sub- • Any firearm with a removed or obliterated ject to violence, including shootings. serial number(s); Currently, police have the authority to • Any weapon that has been adapted for use search for and seize firearms known to be as a firearm. in the possession of a person who commits PWEU members are firearms experts domestic violence. Without the long-gun and so called upon to perform a variety of registry, they can now only rely on the ac- functions, including helping other agencies counts of the suspect, victims and witnesses with investigations, tracing, developing in an investigation to determine if firearms informants, training, verifying if a weapon are present. really meets the legal definition of a firearm, Registry or not, one thing is for sure – providing expert testimony and restoring its business as usual for the PWEU and its serial numbers. partner agencies – and for those involved in “Grinding is probably the most simple the illegal movement and use of firearms, to do and therefore, the most common way that’s never a good thing. people try to remove the serial number,” says O’Brien. “Another popular one is using a Tony Palermo is a freelance writer and Blue Line Maga- drill press to drill out the number.” zine’s Eastern Ontario correspondent. He can be reached O’Brien laughs when asked if a serial at [email protected] number that’s been drilled out can be restored. “Trust me, you’d be surprised at what we can do,” he says. “I can’t tell you how, but we have a great success rate at recovering serial numbers, including on firearms where more advanced removal techniques have been attempted.”

Long-gun registry: the loss of a good thing PWEU head Det. Insp. Patti Dobbin shakes her head when asked about the impact losing the long gun registry. “(It) represented a valuable tool in as- sisting police in our efforts to prevent and solve crime and enhance public safety,” says Dobbin. “Certainly, the more information we have, the better.” She cites several examples of how losing the registry is a step backwards. Tracking is one example. Increasingly, a firearm is a criminal’s preferred tool of choice to protect investments and interests and secure other assets. Handguns are currently tracked in both Canada and the US and lawful Ca- nadian firearm owners must register them. These tracking mechanisms allow police to conduct thorough and successful investiga- tions when handguns are involved. Rifles and used in criminal activity do not have to be registered. As Dobbin says, without a record of ownership, there is no way to track its source. “Without knowing the source of the

Blue Line Magazine 27 February 2013 Training

Compelling agendas Key strategies for successful joint forces operations by Tim Trotter and counterproductive investigations. This inertia problem is not limited to the public Institutional inertia and organizational sector, but private enterprises driven by the When a criminal investigation takes culture are two key barriers to a successful profit imperative are often more responsive on a multi-jurisdictional or multi-agency investigation in a situation that demands a to outside demands or challenges. Money scope, the Joint Forces Operation (JFO), multi-agency response. can be made or lost very quickly and private Joint Task Force (JTF) or “working group” Institutional inertia occurs in organizations companies are responsible to their sharehold- often ends up as merely a catchy name, unable to respond quickly and efficiently to ers. In addition, private firms are often more perhaps a slick logo – and not much else. outside requests and challenges. These are conscious of their public image and more Although a partial resolution is sometimes often public sector agencies where layers of active in maintaining brand integrity and achieved, the group often dissolves into bureaucracy must be negotiated before exter- corporate image. competing agendas, uncertain partnerships nal requests for information can be satisfied. The second key barrier, organizational culture, can be loosely defined as the pervading ethic defining a public or private organiza- tion’s approach and response in all facets of its operations. Organizational culture pressures members of all agencies and organizations to conduct their work in a manner reflecting their perception of the chief concerns of their managers. This invisible filter often results in actions or decisions that seem incomprehen- sible or even hostile to the investigator, whose expectations of cooperation are based on his or her own organizational culture. The friction created by institutional inertia and organizational culture can derail even the most well-intentioned joint investigative effort. What can the organizer of a multi- jurisdictional operation do when faced with these two profound barriers to a successful joint operation? One strategy used successfully in the Project Mouse investigation, which involved more than 30 separate agencies, is an approach that a retail salesperson might recognize as a basic sales technique. It can be adapted to a

February 2013 28 Blue Line Magazine multi-agency investigation using the following first meeting to ensure contact has been made “sealing the deal.” This is a very important four-step model. and critical information exchanged. step for two reasons: securing commitment 1) Define the criminal concern and identify 3) Organize a group meeting of all of the and identifying fair weather friends – those stakeholders – those organizations, public and representatives and sell them on your project. who are glad to have their agency’s logo on private, whose operations have been, or could This step contains the real art of the deal. Ad- your project but intend to provide very little be, affected by the criminal activity being vance meeting preparation and knowledge of in the way of action. investigated. Once stakeholders are identified, the priorities of each stakeholder organization At this crucial stage you might hear some it should be possible to answer the following are essential. In sales parlance this stage of the familiar refrains; “We’ll put it past legal” or questions, with these stakeholders in mind: process is known as “overcoming objections.” “We’ll need an MLAT or MOU,” for example. a. Does the criminal activity cross jurisdic- Each representative needs to be shown exactly Let these people drift quietly out of the picture tional lines? how the criminal activity under investigation – if you have done your sales job correctly b. Does the activity affect communities served impacts their group’s interests. They must you have asked them to do nothing that their by different police services? realize that their organization has a stake in organization doesn’t already do based on their c. What public sector agencies are affected by the successful completion of your joint inves- own internal procedures. this activity? tigation. Arguments should be tailored to the By following these key steps, you can d. What private sector organizations or com- entities’ concerns: assure that your joint investigation will enjoy panies are affected or suffer because of this a. Use constructive persuasion, such as: a smoother flow of information, more respon- activity? “Your company stands to lose money,” sive actions from stakeholders and deeper e. Are any of the individuals involved in the “Your agency will benefit from being seen commitment. The end result will ultimately criminal activity associated with private as participating” or “Your product is being be more rewarding for all. companies? If so, are they using their em- misused to commit this crime.” We used this approach during Project ployee (company) identities as part of the b. Do not rely on threats or intimidation: Mouse to ensure commitment and participa- criminal behaviour? “When this hits the media” will not make tion from representatives of more than 30 f. What are the “tools of the criminal trade?” anyone a happy contributor and may result private and public agencies in an investigation Are they related to private or public agencies in half-hearted or divisive participation. that ultimately lasted almost a year. and does their use have an impact on the 4) Once you have an interested and com- public credibility of those tools? mitted group, secure firm commitments from 2) Solicit representation from the identi- individual participants. This does not need to Timothy Trotter and Michael Kelly will explore the dangerous and shadowy world of synthetic identities fied stakeholders, using available resources be done on paper. By considering the unique and multi-jurisdictional, multi-agency task forces at Blue such as past contacts, professional or personal outlook of each participant and asking each Line EXPO. Their course, “Economic Crimes: Detection relations, established partnerships and industry for what they are comfortable in providing and Investigation – Project Mouse and Project Kite” is groups. The key is to get someone – anyone – may guarantee a more positive and ener- sponsored by Vancouver Island University. from each agency or stakeholder group to that getic response. In sales this is referred to as

Blue Line Magazine 29 February 2013 Training

What’s in a name? by Michael Kelly the combination of systemic weakness and credit cards – all in the name “Server and employee corruption allows the new FROZE.” The diligent officer checks Most of what you believe about iden- identity to appear and take hold. each, determining they are all properly tity and identification is wrong. For example, I may decide I no longer issued and that my face matches the face Our birth is registered with the gov- wish to be known as Mike Kelly when a associated with that name. Server Froze ernment, we are assigned a name and that series of arrest warrants diminishes my has never been arrested or had any contact is how we are known for the rest of our pleasure in being myself. I decide that, with the police so the officer sends me on days. We believe that in order for a person from now on, my name will be Server my way, unaware. to exist, they must first be born. Froze and I choose a birth date that makes In truth, he never had a chance. This is untrue. me two years younger and allows me to Like most western democracies, Recently we’ve seen an emerging celebrate my birthday in the summer. Canada has few defences when someone trend of identities fabricated out of thin I pay off a corruptible employee to get establishes apparent legitimacy and proper air; such creations are often referred to my hands on valid, properly-issued gov- identification inside our borders. To use as “synthetic identities.” Don’t confuse ernment identification in my false name; an analogy, Canada is like a nightclub. them with identity theft, where someone there is nothing stopping me from using it Patrons present identification and are pretends to be another person (living or to get other forms of ID and financial in- searched upon entry, but once inside they dead), or counterfeit identification, where struments identifying me as Server Froze. can move freely. a government document is forged. Shortly thereafter I am pulled over for In the case of synthetic identities, In its simplest form, a synthetic speeding. I present Server Froze’s driver’s they simply enter through a side door, identity is a fictional name supported license to the officer. He asks for more unsearched and unchecked. Once inside by valid government ID. In most cases, information so I hand over bank, health there is no way to distinguish legitimate from synthetic identities because the pre- sumption is that all individuals have been challenged upon entering. It is only when something goes wrong and steps are re- traced that the problematic circumstances become apparent. Think of all the things you could do if the only name at the end of a lengthy investigation into your activities was Server Froze, a figment of your own fertile imagination. Think what you could accomplish with an army of fabricated people who exist only on paper: fictitious people to ship your drugs, launder your money, pay for and register the car you drive and verify the picture for your passport application.

February 2013 30 Blue Line Magazine Imagine having the ability to use your army of paper people to defraud the public and companies of millions of dollars, all in a matter of hours. You may never have entertained these thoughts but organized crime groups did years ago and now actively exploit the canyon-like gaps in our systems. Nearly every one will ultimately trend to what is profitable and this is no exception. Not only do synthetic identities provide increased opportunities to generate rev- enue, they also offer the ability to conduct illegal activities with little personal risk to the offender. The risk goes far beyond profits for organized criminal groups. A significant component of police of- ficer safety is the availability of accurate and reliable information: Who am I deal- ing with? Criminal history? Infectious diseases? Warrants? Synthetic identities put frontline personnel at risk because they have no way to know that the person they’re talking to is not who they appear to be. This problem has been allowed to de- velop largely because it is not the territory of any one entity or group. Lack of under- standing the existence and magnitude of the problem has prevented stakeholders from identifying and meaningfully pro- tecting our interwoven common interests; rather, the focus has been on protecting the interests of each of our respective organizations. For example, the intended purpose of a driver’s license is to authorize a person to drive. The license wasn’t created to provide a means of determining identity so the issuer cannot be required to account for possibilities which go beyond the holder’s ability to drive a motor vehicle. Although the previous statement may be true in the purely bureaucratic sense, ask yourself which form of identification most people use when opening a bank ac- count, checking into a hotel, applying for a loan or signing for a package? Ironically, a driver’s license is also the most common form of identification used to obtain a passport – which IS an identity document! At the end of the day banks, govern- ment agencies and law enforcement all have skin in this game. Each relies upon the trustworthiness of valid documentation with a person’s name on it. Like it or not, our individual fates are tied together. Tens of thousands of synthetic identi- ties in Canada are supported by govern- ment identification. Server Froze is one of them. The longer we fail to work in the col- lective interest, the worse it becomes.

Michael Kelly and Timothy Trotter explore the danger- ous and shadowy world of synthetic identities at Blue Line EXPO in their course “Economic crimes: Detection and investigation – Project Mouse and Project Kite,” brought to you by Vancouver Island University.

Blue Line Magazine 31 February 2013 February 2013 32 Blue Line Magazine Supply Service &G uide 2013

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February 2013 34 Blue Line Magazine Access Control Binoculars & Telescopes Charitables & Non-Profits & Ahearn & Soper Henry's Photo-Video-Digital Fallen 4 Marathon FlashFog Security Infrared Technologies Cigars & Accessories Alarm Devices Leupold & Stevens Constable Cigar Company

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Blue Line Magazine 35 February 2013 Federal Signal Corporation Uty of Guelph CME Exec Prog Aimpoint MediaSolv Solutions Corp Vancouver Island University American Spirits Arms Professional Development DNA Testing Services Caps TSCM Group FlashFog Security Mancom Manufacturing Turning Technologies Canada Dog Training & Supplies Savage Range Systems Xanalys Limited Dakota Creek Sturm Ruger & Company SureFire

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February 2013 36 Blue Line Magazine Trimtag Trading Marine Electronics Primary Marking Systems & William Scully Divetech Recruitment & Selection Hazmat Equipment/Handling Infrared Technologies Cognitive Results PATI Tutoring Canadian Safety Equipment Provix John E. Reid and Associates Draeger Safety Canada Setcom Corporation Restraining Devices

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Blue Line Magazine 37 February 2013 Security - Training JIBC Emergency Mgmt General Motors Fleet Cdn Police Knowledge Network John E. Reid & Associates IBS Sigma CdnTactical Training Academy Lakeland College Polaris Industries Caps Lethbridge College Provix Commissionaires Palestra Group Int’l Subaru Canada Digital Boundary Group Seneca College TechComm International Emond Montgomery Publications St. John Ambulance Turboflare Canada 2013 Professional Development Stitt Feld Handy Group Vehicles - Tracking Equipment TSCM Group The Canadian Institute D & R Electronics Turning Technologies Canada Freedom Lock & Security Sirens & Emergency Lighting Laipac Technology uide upply Blue Max Lighting & Emerg Range Mobility Video - Mobile & Surveillance G Brothers In Blue D & R Electronics 247 Patrol Witness ervice S Federal Signal Corporation Mega-Tech Provix Uty of Fredericton Online S Whelen Engineering Uty of Guelph CME Exec Prog Surveillance Vancouver Island University 3M PIPS Technology Uniforms & Accessories 911 Gear Ahearn & Soper FELLFAB Limited Henry’s Photo-Video-Digital Professional Development & Kehoe LE Distributors MediaSolv Solutions Corp TSCM Group Louis Garneau Sports Mega-Tech Trackers Edge Pride in Service Panasonic Canada Systems Integration / Support Regard Tactical Provix MediaSolv Solutions Corp Soldier-Gear Recon Robotics Tactical Team Equipment Risk Mgmt Solutions Aimpoint Video - Training Armament Technology Stitt Feld Handy Group Armor Express Voice Logging Systems Bosik Technologies CVDS CanCom Radio Accessories Weapons - Accessories Honeywell Safety Products Tactical Advantage LE Products 5.11 Tactical Hudson Supplies Trimtag Trading Aimpoint Integral Tactical William Scully Ltd. American Spirits Arms Lethbridge Tactical Supply Unmanned Aerial Vehicles /Training Armament Technology Leupold & Stevens ING Engineering Colt Canada Line of Fire Vacations M D Charlton Co Ltd Int’l Police Association IBS Sigma Mobile Police Training Structures Vacations for Heroes Korth Group Vehicles - Accessories Lethbridge Tactical Supply ASB Manufacturing Leupold & Stevens ergoCentric Seating Pelican Products MediaSolv Solutions Police Ordnance PES Canada Stoeger Canada Range Mobility SureFire Streamlight Tactical Innovations SRS Tactical Tec-Garde Mobile Solutions The Shooting Edge Stoeger Canada Turboflare Canada Trackers Edge Vortex Canada Whelen Engineering Wolverine Supplies Telescoping Masts & Antennas Vehicles - Lightbars Weapons - Maintenance Provix D & R Electronics Descotes Canada Thermal Imaging Federal Signal Corporation Korth Group Bock Optronics Kee-Lok Security Supplies Weapons - Non-Lethal Draeger Safety Canada Mega-Tech Datrend Systems Infrared Technologies PES Canada IBS Sigma P&R Technology Range Mobility M D Charlton Co Provix Whelen Engineering Stoeger Canada Wolverine Supplies Vehicles - Off Road Weapons - Training Ticket Holders Bombardier Rec’l Products Cdn Tactical Training Academy Tactical Advantage LE Products Cdn Kawasaki Motors Caps Training Courses & Services Polaris Industries Descotes Canada BC Institute of Technology Yamaha Motor Canada Gryphon Engineering Services Blue Line Expo Training Vehicles - Specialty Savage Range Systems CESTA Cdn Kawasaki Motors Stoeger Canada Cdn Police Knowledge Network Weather Monitoring Cdn Tactical Training Academy Sturm Ruger & Company Cognitive Results PATI Tutoring Window Films Conestoga College 3M Window Film Solutions Dalhousie Uty College Wireless Communications of Continuing Education CanCom Radio Accessories Descotes Canada Good Technology Divetech Darch Fire Laipac Technology Emond Montgomery Publications Midian Electronics George Brown College Panasonic Canada Georgian College Range Mobility HBi College Setcom Corporation Humber Institute of Tech SRS Tactical

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February 2013 38 Blue Line Magazine # Airstar Canada Inc Blackline GPS & 247 Patrol Witness Toronto, ON Calgary, AB Alpharetta, GA 416-919-9498 877-869-7212 866-693-7492 www.airstarcanada.com www.blacklinegps.com www.patrolwitness.com S Alberta Jiu-Jitsu Association Blue Max Lighting & Emerg Equipment Sylvan Lake, AB Surrey, BC

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Blue Line Magazine 39 February 2013 Case-Tech Leather Inc. Crime Sciences Digital Ally Oakville, ON Fonthill, ON Overland Park, KS 905-842-8294 905-892-1800 800-440-4947 www.case-tech.com www.crimesciences.com www.digitalallyinc.com

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Blue Line Magazine 41 February 2013 KCS Supply Louis Garneau Sports Original S.W.A.T. Canada Uxbridge, ON St-Augustin-de-Desmaures, QC Georgetown, ON 905-242-7411 800-463-8356 905-873-7030 www.kcssupply.com www.louisgarneau-custom.com www.originalswat.ca Kee-Lok Security Supplies Ltd M P 2013 Calgary, AB M D Charlton Co Ltd P&R Technology 403-252-1989 Central Saanich, BC Portland, OR www.kee-lok.com 250 652-5266 800-722-8078 www.pr-infrared.com uide www.mdcharlton.ca upply Keenbeam Canada

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February 2013 44 Blue Line Magazine Blue Line Magazine 45 February 2013 Deep Blue by Dorothy Cotton There’s no evidence CISD works Research. Continuous learning. Change. assignment of affected individuals to ‘no You gotta hate all that stuff. Here we were put- treatment’ control groups can be viewed as tering along nicely, doing all kinds of stuff that unethical. Needless to say you also cannot we thought was JUST FINE, THANK YOU assign people ahead of time so you know who VERY MUCH... and then suddenly, it turns will have a critical incident and who will not. out the facts don’t support what we’re doing (“Hey Ted – we want to see if you will fall and we have to start all over again. Phooey. apart when you see body parts strewn on the While there are any number of things road so for now, you will be assigned to all the we do that would probably fit the above bill, really gory stuff. OK?”). the one I am currently in a snit about is the Most early studies of the Mitchell Model practice of Critical Incident Stress Debrief- were conducted by the same individuals who ing (CISD). I’ll bet your police service has developed the techniques. This is generally not a CISD or CISM (M for Management) team considered good form in the research world. and whenever some horribly dreadful thing There is that whole “bias” thing to be con- happens, you are all asked to disappear into sidered. Not surprisingly, they provide some a secret room to follow a strict procedure of evidence for the effectiveness of critical inci- telling what happened, where you were, how dent stress programs. A review by Flannery it unfolded, how you felt – stuff like that. The and Everly (2004) of 20 papers that evaluated theory was that this would decrease the likeli- specific CISM programs indicated that gener- hood of people getting PTSD. Sounds like a general belief that it can result from prolonged ally, findings were positive and supportive of good plan to me. exposure to highly stressful events and situa- the model. Alas, as it turns out, it doesn’t work. Like tions (such as battle and witnessing pervasive However, as time has gone on, other re- I said… phooey. atrocities), specific individual instances of views completed by independent researchers The observation that exposure to sig- serious psychological magnitude (such as describe much more equivocal findings. Many nificant trauma and experiences outside the sexual or physical assault) and witnessing or found no evidence debriefings reduced general normal realm of human routine may cause responding to serious single traumatic events psychological morbidity, depression or anxiety psychological disturbance is not new. Refer- (such as the Oklahoma City bombing or or that there was either no or a slightly negative ences in this area date back to the mid-1800s. Hurricane Katrina). Using the “what’s-good- effect on the presence of PTSD symptoms after Terms such as battle fatigue, shell shock and for-the-goose-must-be-good-for-the-gander” debriefing. Other studies found the techniques battle neurosis date from the early 20th century approach, interventions for people involved had no clear positive or negative effects com- and were used to describe soldiers who dis- in critical incidents were expanded and widely pared to other interventions, although partici- played significant psychological disturbance adopted among first responders. pants did seem to evaluate them positively, or following exposure to war. The term “critical incident” is most com- that it wasn’t possible to draw firm conclusions The concept of severe psychological monly associated with the work of Jeffrey about the benefit or harm of CISM. effects from psychological trauma became Mitchell and we often talk about the “Mitchell Some have expressed concerns parts of the widely developed during the 1970s and 1980s. Model” when we discuss CISM. Most first process may actually be harmful to psycho- In part, this resulted from the presence of post- responder-type organizations have adopted it logically vulnerable individuals, amounting traumatic stress disorder (PTSD) in Vietnam and its use is pervasive. This would be a good to re-victimization. There is also concern that war veterans. At the same time, the general thing if it really achieved its purpose. However, those with the highest symptom levels, who notion began to be applied to people experien- the research about its effectiveness is “problem- on the surface appear to most need debriefing cing other kinds of traumas, including natural atic.” (This is a polite word we use in evaluating services, may also be the most likely to suffer disasters, rape and sexual assault and exposure research when we really mean “it stinks.”) paradoxical reactions (that means they get to other horrible things – and to people who This field of study does not easily lend worse rather than better). The process also respond to such disasters. itself to rigorous data collection in that the does not seem to be effective in identifying The vast literature on PTSD reflects a events themselves are unpredictable and the people who might be at greatest risk for de- veloping PTSD – which presumably was the original intent. Finally, in situations where people may be later required to testify about the events surrounding a critical event, the retelling and comparing of notes in a debriefing can cause significant difficulties. Participants can be in- fluenced, both consciously and unconsciously, to alter their stories. In some ways, these results are not terribly surprising. It is not like a critical incident in and of itself is the major cause of PTSD. I’d have to write a 10 page article to explain all the causes and influences – even if we really knew – but let us just say we know that the vast majority of people exposed to critical incidents do NOT go on to develop PTSD so obviously there is a little more to it than just

February 2013 46 Blue Line Magazine a single icky incident – or even a long series Well, there are a bunch of options – too adverse effects of excessive ventilation in those of semi-icky incidents. many to describe here – but my favourite make who are very distressed. Currently the jury appears still out on the sense and reflects the things we DO know 5.4 For adults who develop an extreme subject of the efficacy of standardized critical about PTSD. level of distress or are at risk of harm to self incident stress interventions. On the one hand, The Australian guidelines for the treat- or others, immediate psychiatric intervention there does not appear to be compelling evi- ment of adults with acute stress disorder and should be provided. dence of their benefit; on the other hand, there post-traumatic stress disorder (http://www. Psychological First Aid (referred to as is also an absence of compelling evidence nhmrc.gov.au/_files_nhmrc/publications/ Mental Health First Aid (MHFA) in Canada) that they are unilaterally harmful. As noted, attachments/mh13.pdf) is a comprehensive, is currently offered around the country under one of the driving forces behind providing 192 page report. It was “developed in accord the auspices of the Mental Health Commission critical incident services is that it provides with National Health and Medical Research of Canada and is already used by some police visible evidence that the employer is actively Council guideline development requirements, services (http://www.mentalhealthcommission. invested in the welfare of employees. It seems by a working party comprising key trauma ex- ca/English/Pages/MentalHealthFirstAid.aspx). clear debriefed parties seem to appreciate the perts from throughout Australia and around the In the context of the Australian Guide- gesture. Client satisfaction is typically high. world. Of particular interest is the section on lines, MHFA is seen as one of the first steps in It is also generally agreed that most or- early interventions (pp. 103ff), which includes identifying and supporting people who may be ganizations are sincere in their desire to assist the following recommendations (p. XIX): experiencing psychological distress following employees and clients exposed to critical inci- 5.1 For adults exposed to trauma, struc- a traumatic or critical incident. dents. However, the evidence that individuals tured psychological interventions such as Essentially, the Australian Guidelines who experience the most psychological stress, psychological debriefing should not be offered suggest that, rather than utilizing a / and therefore may be the most vulnerable, are on a routine basis. one-size-fits-all CISM model, an employer least likely to benefit from these procedures 5.2 For adults exposed to trauma, clin- should develop a means for identifying and and may actually suffer some harm because icians should implement psychological first monitoring those few individuals who are at of them is sobering. aid in which survivors of potentially traumatic significant risk. Of course this would mean an In view of these concerns, a number of na- events are supported, immediate needs met employer would need to have a comprehensive tional and international organizations – including and monitored over time. Psychological first workplace mental health system in place. the Canadian Psychological Association, Na- aid includes provision of information, comfort, Gee, it seems to me that by the time this tional Institute of Mental Health (NIMH, 2002), emotional and instrumental support to those article runs, the new national standards from Department of Health Clinical Practice Guide- seeking help. Psychological first aid should CSA for Psychological Safety in the Work- lines (UK Department of Health, 2001) and be provided in a stepwise fashion tailored to place will have been released. Might be worth the World Health Organization (WHO, 2004) the person’s needs. a look (http://www.csa.ca). – have issued statements advising against the 5.3 Adults exposed to trauma who wish use of single-session psychological debriefings. to discuss the experience and demonstrate a Dr. Dorothy Cotton is Blue Line’s psychology columnist, Err... so now what? Do you just ignore capacity to tolerate associated distress, should she can be reached at [email protected] critical incidents? Pat people on the head and be supported in doing so. In doing this, the say “there there there?” practitioner should keep in mind the potential

Blue Line Magazine 47 February 2013 holding the line by Stephanie Conn Wounded Warriors “ ” with and have no assurance that the same will That person is me not happen to you. If it does, how would you want your fellow officers to treat you and your Since this column began in November I claim of emotional trauma? have received several e-mails from police of- To those who ARE the wounded warriors: ficers and their families sharing stories of their Get help! You are not alone and not irreparably experience with PTSD. It has been a privilege damaged. PTSD happens to normal people to bear witness to the stories of triumph, love facing abnormal situations. Therapy helps you and courage as officers have persevered despite to properly process the traumatic event, putting their circumstances. it in your past. You do not have to live with your Unfortunately, I have also heard of the woes past haunting your daily life. of officers and their families who feel they have My own work with clients and several been neglected by their department, colleagues e-mails I received support the contention that and communities. Neglect has taken the form of treatment works. denial of injury, denial of treatment benefits and Eye movement desensitization and repro- the failure to provide adequate ongoing support cessing (EMDR) makes an incredible differ- services for officers and their family members. ence for those suffering with PTSD. It isn’t It is the ultimate betrayal to discover that the traditional “talk-therapy” but is an information- “bad guys” you thought you had to worry about processing treatment where clients’ brains prop- pale in comparison to the supposed “good guys” singular traumatic event such as an officer- erly process events which were too traumatic to you work for and with. involved shooting. Here are some lesser-known be processed when they took place. It is beyond The Ombudsmen Report of the OPP came facts. Onset can be delayed for weeks, months, the scope of this column to explain how EMDR out in October 2012, outlining a systemic fail- years or even decades. works so I encourage you to e-mail me or look ure to support police officers in Ontario. If you PTSD can develop from chronic exposure it up for more information. have not read this report, I highly recommend to multiple “micro-traumas,” even if the trauma With respect to the invalidation of your it. It offers 34 recommendations to address the does not directly affect an officer’s personal injury by others, it is hurtful to be betrayed and difficulties faced by OPP officers, including safety. This has proven to be the case so often the consequences are more than hurt feelings. expanding proactive and ongoing educational that the criteria for PTSD is being changed to It includes not receiving proper benefits. You initiatives, expanding peer support, expansion reflect that police officers and other emergency can be the voice for change, sharing your story of and improved access to psychological ser- service personnel ARE traumatized by their with others. I applaud your advocacy work but vices for officers, families and retirees, better exposure to the traumatization of others. I encourage you to recognize that, like every accommodations for injured officers that reduce PTSD has lesser-known symptoms that can human being, you have limited influence on stigma and better data collection regarding be mistakenly attributed to character flaws or situations and others. Do what you can and stress injuries and suicides. being a hypochondriac, such as lowered con- let go. To do otherwise will only compound The recommendations for Ontario are very centration, low motivation, general aches and your anguish. likely applicable to police agencies across Can- pains, depression, apathy, exhaustion, losing In closing, I’ll offer you an updated serenity ada. Implementing these recommendations will things, accident proneness, anger and blaming prayer: God, grant me the serenity to accept the take time, money and dedication. They will not behaviour. people I cannot change, the courage to change take place overnight even if there is 100 per cent If you notice any of these in a fellow officer, the one I can and the wisdom to know that buy-in from police administration and funding suspend your judgment and instead convey your person is me. bodies. Therefore, we have to determine how to concern. Your genuine gesture of kindness and sustain our wounded warriors in the meantime. concern can create a supportive climate where To those who are NOT the wounded war- officers feel accepted; this may encourage Stephanie Conn is a registered clinical counsellor and them to seek help. Stand in support of your former communications dispatcher and police officer. To riors: I recommend you become familiar with find out more visit www.conncounsellingandconsulting. how one develops PTSD and its symptoms. fellow officers whose injuries are not always com or email her at [email protected] . Most people know that it can come from a visible. You never know what they are living

February 2013 48 Blue Line Magazine by Gabrielle Myra that result in psychological trauma. best practices CCISF will deliver the highest The CCISF mission is to lead through re- level of support to peer programs, education, The Canadian Critical Incident Stress search, stress management programs, service training, conferences and mentoring. Foundation (CCISF) is a non-profit organ- providers, critical incident stress management In accomplishing this mission we hope ization dedicated to the fight against Post teams, trainers and resources, enabling and to reduce the lasting and often debilitating Traumatic Stress Disorder (PTSD) and enhancing crisis response in assisting ES effects of PTSD and accelerate recovery. other disabling stress suffered by emergency personnel involved in or exposed to traumatic It is our sincere honor to represent those personnel. events. service providers across this country who Emergency service (ES) workers face The CCISF will also assist in supporting dedicate themselves to preventing and miti- situations that most people could never and developing the essential structures re- gating disabling stress. imagine and these events often have a pro- quired to develop successful peer support pro- found effect on their physical, emotional and grams within emergency services, community Gabrielle Myra is the assistant director of the CCISF. psychological well being. Tragically a greater organizations and businesses by providing Visit www.ccisf.info for more information. number of first responders die by their own cost effective training and education. By using hand then in the line of duty. The negative effects of unchecked cumu- lative stress and traumas are due in large to the lack of self-awareness on how to develop effective and healthy coping strategies. That, coupled with personal and family stress, can sometimes be a recipe for disaster. Almost all our police safety-related train- ing programs are designed to teach officers how to think and act tactically and fight using the tools of their trade, within the guidelines of the law and their respective departmental policies. Officers are trained and called upon to make split-second decisions during intense, ever-changing events – decisions that can and probably will impact them for the rest of their lives. Despite training and technological advan- ces, the reality is that the stress of the job or the horror of a particular incident, such as an officer involved shooting, can have profound effects, no matter how trained, conditioned and experienced they are.

Critical incidents A critical incident is any event, or a series of cumulative events, that cause a person to experience unusually strong emotional reac- tions that have the potential to overwhelm normal coping abilities. Usually tragic or traumatic, they are often referred to as a ‘critical incident.’

PTSD PTSD is a severe anxiety disorder that can develop after exposure to any event(s)

Blue Line Magazine 49 February 2013 Claude Poirier respected by all by Nancy Colagiacomo

Ask any Québec police officer who the true negotiator is and they will respond, without hesi- tation, Claude Poirier. Journalist, commentator, negotiator, expert witness – he’s done it all and his flame shows no sign of dying out, even after 50 years in the limelight. Well spoken, distinguished, articulate and poised he is not. Throw out everything taught in journalism school. Poirier does everything an investigative reporter should not do but is still successful. His calling is crime reporting and his abrupt responses and traditional 10-4 sign off are synonymous with his style. Poirier is probably the only investigative reporter capable of getting unwilling and unpre- pared political public figures and police directors out of bed in the wee hours of the morning for a live interview. When he calls – and more phone booth, called a local radio station and gave date he has helped police arrest 175 criminals, often than not, he personally makes the call – a live description of the events he had just seen. the majority suspected of murder and actively he gets answers. Some fear him, others He then convinced the station to allow him to participated in the release of several hostages. his call but most are somewhat intimidated by work as a reporter, free, for the next six months Poirier was present in 1970 when Pierre his notoriety, outspokenness, credibility and and the rest is history. Laporte’s body was discovered in a car trunk astounding ratings. Over his five decade career, this impassioned in 1970 after his kidnapping by the FLQ during Born in 1938 and raised in Montréal, his crime reporter has gained the trust of police, the the October Crisis. When several people were career began unexpectedly in 1960. While work- public and especially hardened criminals. He taken hostage at a criminal institute in Montréal ing as a salesman for his father he witnessed a has covered the most outstanding events in Qué- in 1973, Poirier offered to take their place. The bank robbery gone bad. One suspect was shot bec’s judicial history. Early on wanted criminals suspect agreed and Poirier was held with a and the other escaped. Poirier ran to a nearby sought his help to negotiate their surrender. To knife to his throat for several hours before he surrendered. The Québec government has honoured Poirier five times during his career for his cour- age and the federal government presented him with the Medal of Bravery in 1977. Poirier has covered events such as the Ken- nedy and King assassinations, has visited the headquarters of the CIA, Interpol and Scotland Yard and his work has taken him to many peni- tentiaries. This living legend and modern hero has acquired many loyal followers over five dec- ades but like any public figure, he hasn’t been without controversy. More than 600 people joined a Facebook group for those “Fed up with Claude Poirier” His reputation for listening and getting to the truth has made him an icon with young and old alike in Québec. At age 74 he is still going strong and his passion is undiminished. Analyst, commentator on five daily television and radio shows, the subject of a television biography and a soon to be aired miniseries, he shows no sign of retiring. He receives on average 200 voice mail messages daily from listeners wanting to report an incident or voice their opinion on a judicial matter and still does his own morning round up calls to police at 4 am for the days’ scoop. Love him or hate him, everyone respects Claude Poirier. 10-4.

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

February 2013 50 Blue Line Magazine A HARDBOILED COP FROM A DIFFERENT ERA Albert Lisacek dies at 79 by Alan Hustak - Globe & Mail

Albert Lisacek was 19 and working as a boun- cer at an east-end Montréal nightclub when he was set upon by a gang of thugs and beaten within an inch of his life. Then and there, he decided to get the upper hand by becoming a law-enforcement officer. During his 25 years with the Sûreté du Québec, the provincial police force, his question- able crime-fighting tactics, especially during the October Crisis in 1970, earned him a reputation as the toughest cop in the country. He had little It was Sergeant Albert Lisacek , shown here manhandling FLQ terrorist Paul Rose, one of the men regard for the loopholes in the law and operated who killed Quebec Labor Minister Pierre Laporte, who led the FLQ raid efforts. (Bettmann/CORBIS) on the principle that if hardened criminals didn’t play by the rules, police shouldn’t have to. “I only whack the people who deserve it,” he high-speed chase moments before she was shot pal” Lisacek as a “French poodle.” used to boast. “There are a lot of bad people out and killed. Lisacek was off-duty at the time, a Lisacek found Blass three days later hiding there. I was good at getting rid of bad people.” mere bystander in the shootout. out at a chalet north of Montréal. During the raid, Det. Sgt. Lisacek, who died of cancer in “Lisacek carried a Tommy gun and liked to Blass was gunned down. Although no one really Montréal on Nov. 20 at age 79, was part of an elite think of himself as trigger-happy, but the only knows what happened, it would appear Blass was team of provincial police officers who crossed time he actually shot anyone, it was by accident,” not given a chance to surrender. Lisacek told a paths with a number of high-profile habitual said retired Montréal police reporter Eddie Col- CTV news reporter at the time that when he broke criminals in the 1960s and 70s, including the lister. “He was certainly rough on suspects in into the chalet he found Blass in bed with his terrorists who kidnapped and murdered Québec the interrogation room. Rumour had it that he’d girlfriend and he agreed to give Blass time to put cabinet minister Pierre Laporte. slap people around and wasn’t afraid to use the his pants on before taking him into custody. But Lisacek cut an intimidating figure, at 6 feet brass knuckles. when Blass emerged from the bedroom wielding 2 inches with a shaved head. Known either as He wasn’t much of a team player. He made a gun, Lisacek said, his partners opened fire and “Little Albert,” or “Kojak,” Lisacek enhanced it clear to his partners that he trusted his wife shot him 27 times. Other reports suggested that his image by walking around with what he more than he did any of the guys on the squad. the “gun” was actually a black sock. called his “Chicago typewriter,” a Thompson Whenever there was a raid, his partners were The shooting occurred just as the federal gov- submachine gun. happy to let Big Al kick down the doors and let ernment was introducing correctional reforms, He was on the scene when Pierre Laporte’s him go in first. Lisacek liked to be the hero, and putting the emphasis on the rights of the accused. body was found and later closed in on three of his fellow officers were more than happy to let Blass’s death proved embarrassing to authorities. the Front de Libération du Québec kidnappers, him play the role.” Lisacek’s superiors suggested that “Little Al” including Francis Simard and brothers Paul and He was so feared that the internationally transfer to an Arctic outpost. When he refused, Jacques Rose, who were discovered hiding in known killer Jacques Mesrine staked out the he was given a desk job shuffling papers. He quit a farmhouse basement. If Lisacek had had his restaurant where Lisacek ate and planned to kill the force in 1981. way, he said, he would have preferred to flood him. The plan failed when Lisacek broke his A TV miniseries based on his exploits, Oc- the basement and drown them on the spot rather routine and failed to show up as usual. tober, 1970, aired in 2006. Lisacek dismissed all than allow them to surrender. Lisacek made the front cover of a national TV detective shows, including the miniseries, Albert Lisacek was born in Montréal on July magazine in 1972 when he was profiled by Tom as “phony,” and preferred instead to immerse 13, 1933, the eldest of four boys in a Slovak im- Alderman as “a man suited to the rough and tum- himself in Western novels. migrant family. His father, who had been a strong- ble of the holdup squad … when Albert speaks “He was a police officer from a bygone era, man in a European circus, worked in a steel mill his superiors can only duck. It’s very doubtful he one who was motivated to do what was right, not in Canada. Lisacek grew up in a rough downtown will rise much higher through the ranks.” what was expedient, who put his life on the line Montréal neighbourhood near The Main and said It was a prescient piece of journalism. Dur- to protect ordinary law-abiding citizens,” writes he was bullied as a boy because of his ethnicity. ing his career, Lisacek had often arrested and former police reporter Warren Perley, now the In his teens, he trained to become a professional sparred with a bad-to-the-bone holdup artist editor of the online magazine Beststory.ca. Perley, wrestler and was working as a bouncer when he known as Richard (The Cat) Blass. Blass had a who was with him hours before he died, says was outnumbered by his assailants and attacked number of jailbreaks to his credit and was known Lisacek “wouldn’t last a single day on the job on the street. He vowed never again to be caught for his nine lives. Lisacek grudgingly admired his on the 21st-century world of police bureaucracy off guard. He became a private detective for a street smarts. Then in 1975, Blass again broke out and political correctness.” couple of years and then joined the provincial of jail and this time went on a deadly rampage. Lisacek’s first wife, whom he married in 1962, police force in 1956. He was made a detective He shot and killed four people before locking died in 1999. He leaves his second wife, Jacqueline in 1961, became a member of the holdup squad another 12 in a storage space in the Gargantua Richer. One of his brothers, William, who was on in 1963, and was promoted to sergeant in 1967. Bar and setting fire to the place, fuelling the the Montréal police force, died last year. That was the year he came face to face with flames with cognac as his victims burned alive. Machine Gun Molly, a suspect in more than 20 While on the run, Blass taunted Lisacek, sending Blue Line News Week - Canadian Press - December 28, 2012 bank holdups. She pulled a gun on him during a a note to a local newspaper describing his “old

Blue Line Magazine 51 February 2013 Mounties brighten the day by Danette Dooley

Cancer, tracheotomies, IV lines and feeding tubes took a backseat to Santa, singing and dan- cing when the RCMP B Division held its annual Christmas party at the province’s only children’s hospital in St. John’s. The RCMP has been hosting a party at the Janeway for 29 years. While Santa (S/Sgt. Gary Styles) was busy delivering presents to the children’s rooms, the Church Lads Brigade (CLB) band, St. Pat’s Dancers and numerous other performers entertained other children patiently waiting for the man of the hour to arrive and take his seat near the big Christmas tree. More men in red (serge, not velvet) sang car- ols in the hallway while Styles visited children, including six-month-old Lilly Brown, who was born with a rare chromosomal disorder and has been at Janeway since birth. RCMP Assistant Commissioner Tracy Hardy, Santa (Staff Sgt. Gary Styles) and seven-year- “Lilly has been doing awesome. She’s had old Daelen Murphy of Paradise, Newfoundland. two surgeries and pneumonia twice. She’s a fighter,” said her proud father Brian Hedderson. Seven-year-old Daelen Murphy is also no what he’s hoping to get for Christmas. toddling about near the stage when a traditional stranger to Janeway. He’s been coming back “I’m going to get Skylanders Giants the Newfoundland band began performing. Seeing and forth to the hospital for over three years. game and Skylanders Giants all by itself. Milla her reach for their instruments, the musicians ‘I have cancer,” Daelen said, sitting next to his is my little sister, she’s four. She got Lego friends bent a little lower so she could take a closer look father Embry. and Barbies and monster girl.” while they continued to play. “Don’t be upset; you’re doing good,” Later in the morning, Daelen is thrilled when Melody is 29 months old, said dad Shawn. Murphy said, putting his arm around his son’s his name is called to go get a present. Born three months premature, she spent the first shoulder. Two-year-old Melody Stuckless from St. 26 months of her life at the hospital. Daelen’s face changes quickly when asked John’s shied away from the visitors but loved “Only for the Janeway I don’t think we would have got through it. This is her third Christmas but hopefully, knock on wood, her first Christmas home,” Stuckless said. Dr. David Price said the party is good for the children as well as their siblings. “I’ve been here for more than 20 years and it’s the high point of the Christmas season, especially for the youngsters who are here for a long time. It brightens up their day. It’s a classy show and it’s very good for them.” For A/Comm. Tracy Hardy, the party was her first as commanding officer of the RCMP in Newfoundland and Labrador. Hardy joined the force in 1981 and has policed in Saskatchewan, North West Territories, British Columbia, Yukon and Prince Edward Island. She assumed the position of Commanding Officer of L Division (Prince Edward Island) on May 3, 2010 and commanding officer of B Division two years later. “I found as I was going through the hallways and into the different wards that there was lots of laughter, some smiling, some sadness but seeing the look on the little ones’ faces when Santa ar- rived was thrilling,” she said. Styles said putting on the famous red suit and visiting the children year after year helps him put life in perspective. “Someone’s always got more trouble than you do. It’s important to see that they are getting good care here at the Janeway. We always look forward to coming here at Christmas and we’ll look forward to it again next year.”

Danette Dooley is Blue Line’s East Coast correspondent. She can be reached at [email protected]

February 2013 52 Blue Line Magazine William Scully

Blue Line Magazine 53 February 2013 technology by Tom Rataj “Print” your own guns In the wake of yet another mass-shooting plastic to print an item. It is typically fed in at a US school, there is news of a do it your- from a spool and melted into a liquid state in self gun. The Defense Distributed project, the print-head before being ending up on the led by 24-year old University of Texas law printer’s production platform. student Cody Wilson, aims to “produce and This technology has a number of similar- publish a file for a completely printable gun.” ities to an inkjet printer, where the print-head Wilson claims to have already test-fired assembly moves back and forth across a page a printed replica of a Bushmaster AR-15, to output text or images. apparently the prime weapon used in the The plastic formulation used and the Newtown school massacre. thinness of the printed layers causes the The printed replica weapon was appar- plastic to harden almost immediately upon ently fired six times before it failed. While being printed. there are still a lot of technical challenges to While this is all quite complicated, the overcome before a reliable firearm of this technologies involved – computer, software type could be produced, the test product and even the printers – make it all quite shows that it can be done. affordable. The 3D printer is the most ex- pensive part, since computers and software 3D printing are cheap and many of the CAD files of What makes all this and much more pos- objects can be had for free from a variety sible is a technology commonly known as of Internet sites. “3D Printing” or “Rapid Prototyping,” but more correctly as “Additive Manufacturing.” A 3D printer can precisely move a print- History In simple terms it begins with a three- head on three axis; x, y and z (left, right and Although the Defense Distributed project dimensional Computer Aided Design (CAD) up and down) to print very fine layers of is relatively new, 3D printing began in the or modelling software model of a physical material one on top of another. early 1980s with a couple of different tech- item and ends by printing an actual 3D item. Most printers use one of several types of nologies that achieved the same basic result; the ability to print objects. The attraction is the ability to quickly, easily and most importantly cheaply pro- duce product prototypes. Numerous slightly different prototypes can easily be printed to fine-tune a final design. Mass produced commercial products are often quite cheap to manufacture but their final retail price is largely set by the manu- facturer at a level which recoups research and development costs. Reducing these costs helps to reduce the final retail price and shorten the product development life- cycle, which in turn allows manufacturers to produce new products or updates to existing products more cheaply and quickly. Since its introduction the technology has progressed to the point where all the requisite components are much more precise and inexpensive, allowing manufacturers to produce very small run finished products (not just prototypes) that ordinarily might not have been economically viable using conventional methods. Last year at this time I wrote about the Mobile Innovations and the Chatham-Kent Police Service pilot project using the Black- Berry PlayBook tablet in police vehicles. Because it was a pilot, the hardware mounting solution developed by D and R Electronics included several 3D printed parts in the tablet mount. The prototypes were contracted out to a subcontractor and were quick and easy to de- sign and manufacture. The final commercial versions of the parts will likely be made using

February 2013 54 Blue Line Magazine conventional injection-molding technology. the creation of complex products without offers for body tissues, organs and body Using conventional product development the expensive industrial infrastructure and part production. Custom made replacement and production methods would have made scientific equipment normally required. It parts such as artificial hips and other joints the mount much more expensive and time undermines economies of scale and many could conceivably be quickly and cheaply consuming to produce. other established business models and produced. practices by making it easy for anyone to While there are still many limits to what Technical stuff produce simple items almost anywhere, can be printed there is a lot of research into The electronic file of an item is created in including at home. printing far more complex items such as a Stereo-lithography or Standard Tessellation Items can also be printed by contract functioning circuit boards. Language (STL) file format in CAD software manufacturers, which would have much The ramifications are wide reaching and, developed by 3D Systems Inc. It is supported higher-end printers available than a home in the wrong hands, downright scary. by many other software products and widely user. Send the STL file to them over the used for 3D printing, rapid prototyping and Internet and they produce the part and ship manufacturing. it back. Tom Rataj is Blue Line’s Technology columnist and can The STL file describes the surface geom- Biotechnology firms and academics are be reached at [email protected]. etry of an object without any other attributes also studying the possibilities this technology such as colour and texture. The item can be created directly in the software package or imported by laser scanning an existing item. The 3D printer typically outputs layers that are only 100 micrometers (0.1mm) thick, although some higher-end printers can pro- duce layers only 16 micrometers (0.016mm) thick. The actual print resolution is roughly equivalent to a laser printer output in terms of dots-per-inch, commonly 1,200 x 1,200 dpi. Depending on the size and complexity of the item being printed and the type of material it is manufactured from, it will take from several hours to several days to print. If the printer resolution cannot match the demands of the finished product, it can be printed slightly larger and then machined down to its final precise dimensions and finish. There are a number of 3D printing technologies that use different material and techniques to arrive at the same end result. The most common system is Fused Deposition Modeling (FDM), which uses a plastic filament or metal wire. The filament is typically ABS plastic (the same type used in black plumbing pipes) and polycarbonate (the hard clear plastic used in plastic water- bottles and car headlights). Other systems include Granular Material Binding, which uses selective laser sintering to produce plastic and metal items, and Elec- tron Beam Melting (EBM), used for products made of metal alloys. Photo-polymerization uses a liquid polymer (plastic) that is ma- nipulated with a Digital Light Processing (DLP) projector. On the novelty end of the scale there is also the CandyFab machine, which uses hot air and granulated sugar to print food grade art objects. For advanced hobbyists there is the Rep- licating Rapid Prototyper (RepRap) machine – an open-source software based 3D printer that can print most of its own components. Kits to build these types of printers are down to around the $500 level. The Internet propels the business and hobbyist sides of this technology. Web sites such as thingverse.com share digital designs for 3D printers.

The future This technology can be used to design and make almost any object, allowing for

Blue Line Magazine 55 February 2013 Case Law by Mike Novakowski Reasonable suspicion must precede crime opportunity

Police must have a rea- about two grams of cocaine. In the Alberta Court of Appeal the sonable suspicion a person Gladue pled guilty to trafficking Crown argued that the trial judge misin- is involved in crime before cocaine in the Alberta Court of Queen’s terpreted the test for entrapment, apply- presenting them with an Bench but the judge stayed proceedings on ing too high a standard for reasonable opportunity to commit an the basis of entrapment. He found police suspicion and failing to find police were offence. did not have a reasonable suspicion that engaged in a bona fide investigation. The In R. v. Gladue, 2012 Gladue was already engaged in criminal court disagreed, first describing the test ABCA 143 a first time activity before they called. They did for entrapment: informant with a criminal not know him personally, nor was there Entrapment may be found when “the record told police a phone evidence they were aware of his name. authorities provide a person with an oppor- number was being used to Moreover, even during the call, they did tunity to commit an offence without acting sell crack cocaine in a dial-a-dope scheme. not develop a reasonable suspicion before on a reasonable suspicion that this person Without taking steps to verify the tip, an providing him with an opportunity to com- is already engaged in criminal activity or officer called the number to buy cocaine, mit a crime. pursuant to a bona fide inquiry.” The bona asking an unidentified male who answered The words “rolling” or “working” were fide inquiry exception permits the police to if he was “working” or “rolling.” capable of an interpretation that did not present an opportunity to commit a crime to The man responded positively and necessarily suggest a drug interaction and a person associated with a location where it asked “Who are you?” “Johnny,” the of- there was no expert evidence on drug traf- is reasonably suspected that criminal activity ficer answered and the man asked what he ficking terminology. In the judge’s view, is taking place. Although a reasonable sus- wanted. The officer asked if he could get the knowledge gained during the phone picion that a person is engaged in criminal “four for a hundred” (meaning four half- call was “too imprecise and too vague to activity can be developed during the course gram pieces of crack cocaine for $100). The bolster the already insufficient suspicion of an investigation of a tip, it must exist be- man said it would cost $110, agreed to meet of the police prior to the call.” Gladue was fore the opportunity to commit an offence is at a specified location and sold the officer acquitted. provided (references omitted, para. 9). In addition, the court noted that it wasn’t necessary that the identity of the person be pre-established. Police can ac- quire a reasonable suspicion of a person without knowing who they are. The officer provided Gladue with a chance to commit a crime during the initial phone call when he asked if he could get “four for a hundred.” It was at this point – before the opportunity was provided – that a reasonable suspicion the accused was en- gaged in criminal activity had to exist. The “unverified tip, received from a first time informant with a criminal record, wasn’t enough to raise a reasonable suspicion,” said Justice Costigan, on behalf of the court. Nor was the conversation, with the use of the words “rolling” or “working,” enough to elevate the circumstances beyond mere suspicion. The court also rejected the Crown’s submission that police were engaged in a bona fide investigation of a unique digital location, similar in concept to a geographic location, in calling the dial-a-doper number. “Assuming, without deciding, that a phone can be equated to a specific physical location, the requirement for a reasonable suspicion must still be met,” said Costigan. Since it wasn’t, the Crown’s appeal was dismissed. The Crown sought leave to appeal before the Supreme Court of Canada but its applica- tion was dismissed by a three judge panel (R. v. Gladue, (2012) S.C.C.A. No. 305).

February 2013 56 Blue Line Magazine Case Law by Mike Novakowski Interview delay justified Detention not arbitrary

A statement is considered evidence for the and preserve evidence of or relating to the of- exceptions to Criminal Code release provi- fence. This “evidence” includes a statement. sions when it is necessary in the public interest “The police are not required to release a to “secure or preserve evidence of or relating person who has been lawfully arrested when to the offence.” there are reasonable grounds to believe that the In R. v. Viszlai, 2012 BCCA 442 a detective continued detention of that person is needed asked another police detachment to arrest the for the purpose of obtaining evidence,” said accused for some previous sexual offences, Justice Frankel. asking that Viszlai be held overnight so she “Nothing in the language of the exception could interview him the next morning. He differentiates one investigative technique from was taken into custody at 7:03 pm, advised another, nor does it differentiate one form of of his right to counsel, driven to the station evidence from another.” and booked. He spoke to legal aid in private at Nor was it necessary for the detective 7:52 pm and told the arresting officer he was to have another officer in Sechelt do a sur- satisfied with the advice received. rogate interview. She was responsible for The detective drove from Victoria to the investigation, belonged to a specialized Nanaimo the next morning, then flew to investigative unit and took expeditious steps Sechelt and interviewed Viszlai from 9:50 to travel to Sechelt. to 11:50 am. Before starting, the detective The 15 hour delay in taking a statement advised Viszlai of the reason for his arrest, his after arrest in these circumstances did not right to counsel and that he was not obliged render the detention arbitrary and police acted to say anything. He admitted to sexually as- reasonably, however Viszlai’s appeal was saulting two victims, wrote out an apology to granted on other grounds. her grounds. them and was released on a Promise to Appear (PTA) at 12:50 pm, about 18 hours after he was arrested. In BC’s supreme court Viszlai argued he was arbitrarily detained because he was held overnight to be interviewed the following morning. In his view, he should have been released by police sooner or taken before a JJP for a hearing. The judge rejected this, finding Viszlai had been lawfully arrested and detained. The arrest was not planned and the delay in taking a statement from him was justified. “In the circumstances, [the police] actions cannot be regarded as a deliberate attempt to circumvent the rights of the accused to be re- leased as soon as practicable,” said the judge. Viszlai’s statement was admissible and he was convicted by a jury of sex offences. Viszlai again argued in the BC Court of Appeal that he was arbitrarily detained, sug- gesting his continued post-arrest detention became unlawful because he should have been released as soon as practicable by either police (under ss. 497 and 498 of the Criminal Code) or appear before a JJP without unreasonable delay. After all, he claimed, police released him on a PTA at the end of the interview, show- ing that he was not considered a public risk. He suggested police could not detain an arrestee for the purpose of arranging an interview. The court rejected his argument. Both ss. 497(1.1) and 498(1.1) contain a provision au- thorizing the continued detention of an arrestee when there are reasonable grounds to believe it is necessary in the public interest to secure

Blue Line Magazine 57 February 2013 Case Law by Mike Novakowski

Remand did not renew right to counsel

BC’s top court has ruled that a remand in asked that Bhander go to the Surrey Pre-trial “And it’s going against for what my lawyer custody wasn’t a new “non-routine” procedure Centre pending his court appearance on Mon- told me to do and stuff like that, right?” requiring the detainee be readvised of their day. The JJP found he had no jurisdiction to The trial judge noted that the arrest was right to counsel. direct the location of custody over the weekend made on Friday so police could “optimize their In R. v. Bhander, 2012 BCCA an accused but recommended that he be held at the centre. ability to co-ordinate resources and under- was arrested for one count each of murder Police made no effort to comply. take various investigative procedures” while and attempted murder following a shooting. Shortly after the hearing police inter- Bhander was in custody but found no Charter He was deliberately arrested on a Friday to viewed Bhander for 4 hours and 15 minutes. violations and admitted the confession. A jury be held in custody over the weekend, advised His lawyer’s articling student came to the convicted Bhander of second degree murder. of his right to counsel and silence and taken station and asked to see Bhander to provide Bhander challenged the ruling to the BC to a police station. He spoke to counsel on the further legal advice. Police refused his request. Court of Appeal arguing, in part, that the phone and also had a 40 minute face-to-face Bhander’s counsel tried to arrange a meet- confession was obtained following Charter meeting with a lawyer at the station. Counsel ing with him Sunday by leaving a message breaches, including ss. 9 and 10(b), and should told police he wanted to speak again with with police but did not receive a call back. have been excluded under s. 24(2). Bhander if charges were laid. Bhander also asked the jail guard if he could Police asked Bhander if he had received call his lawyer to “make sure he’s at court s. 10(b): Change in jeopardy and understood the legal advice provided and tomorrow” but wasn’t given an opportunity Bhander asserted that being charged with he said he did. Police tried to conduct a short to do so. On Sunday evening Bhander was first degree murder and remanded in custody interview with him but he repeatedly invoked interviewed again for 2 ½ hours. He initially was an “objectively observable” change in his right to silence and said any questions exercised his right to silence but, when shown jeopardy, requiring a renewed right to speak should go to his lawyer. some evidence, including a set of keys found to a lawyer. The court disagreed. There was no On the following day (Saturday), Bhander at the scene, began to give an account of the change in circumstances that required a further was charged only with first degree murder. His shooting and admitted he had shot the de- opportunity to consult counsel. Bhander had lawyer participated in the remand hearing and ceased. Before the confession Bhander said, been arrested for murder and attempted murder and charged with first degree murder. This did not alter or elevate the general nature of the jeopardy he faced. “The fact of the remand order did not change (the accused’s) jeopardy from that for which he was arrested,” said Justice Saunders for the court.

s. 10(b): New non-routine procedure Bhander also submitted that he was sub- jected to a new “non-routine” procedure when remanded which required a renewed right to speak to a lawyer, but the remand wasn’t such a new “non-routine” procedure involv- ing a detainee, like a polygraph examination or participation in a line-up. His detention expectations may have changed but this did not support a renewed right to counsel.

s. 9: Arbitrary detention Bhander said he was arbitrarily detained when police continued to question him after the judicial remand and made no attempt to move him to the pre-trial centre as recom- mended by the JJP. The appeal court also rejected this submission. Police did not violate any terms of the remand order – it author- ized further detention without specifying the location. Bhander’s position regarding the investigation was the same before as after the remand order so it did not trigger a fresh right to counsel.

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

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Book review Policing, politics, culture and control Essays in honour of Robert Reiner

Edited by Tim Newburn and Jill Peay in demands made upon the police pointed to as being especially valu- Hart Publishing, Oxford, 2012 and the resultant changes to “cop able addresses the obvious and Reviewd by Gilles Renaud culture.” – no less usefully, hard to ascertain I commend in particular the – challenges associated with polic- As many already are familiar with the second of the chapters I have singled ing when confronting issues such ground-breaking work of Professor Robert out because of the authors’ skill in as hi-tech surveillance, transna- Reiner, the author of a number of well received making plain the duties that police tional investigations and “non-state- texts including The politics of the police, now are to discharge during times of cri- sponsored, ‘private’ transnational in its fourth edition, I need not discuss his life’s sis, the responsible role to be played policing.” No less ably, the authors work further, choosing instead to draw attention by the media and how conflicts discuss the issues that will come to directly to the major chapters of this text: ‘Cop necessarily arise when these respec- significance in the next few years as culture,’ by PAS Waddington, at pages 89 to 110, tive functions appear to clash. Many technology improves. ‘Trial by media,’ by C. Greer and E. McLaughlin signal insights are provided in terms I am not suggesting that the at pages 135-154 and ‘The shifting boundaries of how best to re-theorise relations other contributions are not valuable of policing: Globalisation and its consequences,’ between the Fourth Estate and the police. In this but merely that these three are quite useful. by P.C. Stenning and C.D. Shearing, at pages vein, I refer interested readers to Arresting im- Interested readers will profit from the discus- 265 to 284. ages: Crime and policing in front of the television sion of the need for order within society in the The first reference is to a well-written and camera, by Aaron Doyle (University of Toronto context of a democracy (pages 22 to 36), the well documented analysis of the often crude and Press, 2003), reviewed by the writer in Canadian controversies surrounding border policing (pages simplistic views held by some in attempts to dis- Journal of Criminology and Criminal Justice, 48-53), policy-oriented policing (pages 78-80) credit policing in general. It serves in particular (Vol. 48(4) (July 2006), page 623). Though I and intelligence-led policing (pages 197-201). to re-affirm that the majority of those who serve acknowledge that much of the discussion focuses In the final analysis, Policing, politics, cul- and protect consider themselves part of a noble on precise individuals and peculiar situations, the ture and control - Essays in honour of Robert and heroic calling. That reform is necessary in chapter does serve to explain how best to avoid Reiner is a valuable addition to the bookshelves some aspects of policing is not disputed, but the the difficulties which bedevilled those police of all Canadian police forces and an invaluable author traces a remarkable path to enlightened forces and officials. tool for those officers (and others) pursing studies changes, keeping in mind the amazing increase The third and final contribution I have in policing for academic credit.

Blue Line Magazine 61 February 2013 back of the book Advertisers Directory Learn more about these suppliers to Canadian Law Taming the bear Enforcement at www.BlueLine.ca by Robert Lunney oriented outcomes. Effective management of a devolved organization requires a strong cor- 5 Mile Corner Media 60 The global financial collapse of 2008 fore- porate philosophy with policies which inform 911 Supply 46 shadows major, possibly even revolutionary managers without being unduly restrictive. Accident Support Services Int’l 9 change, affecting the future of government in To be effective, it must include delegated Aimpoint 63 developed countries. By reason of our close authority over specified elements of finance Alberta Jiu-Jitsu Association 61 economic integration with major partner and human resources. American Military University 58 countries and global events, Canada will be The corporate human resources policy Badge & Wallet 60 no exception. Most economic experts are should be adapted to ensure minimum periods Bell Helicopter 4 Blue Line Awards Dinner 59 predicting slower growth, guaranteeing that of tenure for officers posted to local commun- Blue Line Expo 32 control over public spending will be a pre- ities, offsetting the complaint that they do not Blue Line Training 45 occupation at every level. remain on post long enough to become familiar Bosik Technologies 27 Police services will be no exception and in with the locality and its residents. CashTech Currency Products 60 all likelihood a primary target for cost reduction, There are circumstances where a financial Charles Sturt University 18 given the considerable influence of policing incentive to encourage officers to live within Chrysler Canada 64 costs on local, provincial and federal budgets. their jurisdictions is a reasonable investment, a Commissionaires 15, 16 As a consequence, the quest for efficiency cost offset by predictably higher productivity. CPKN 13 and economy of operation will challenge the Residence in the community policed ensures Crossroads Promotions & Gilts 61 imagination and skill of police managers well that officers are seen as stake-holders and en- D & R Electronics 27 past the end of the current decade. courages their participation in local activities, Dalhousie University 56 Transformative change is in our future, building social capital for the service. DAVTECH Analytical Services 9, 44 DuPont 11 with implications for consolidation of agen- Eurocopter 37 cies, modified operational strategies, potential- Commitment is imperative Fisher Space Pen 60 ly fixed or lower staffing levels and challenges A devolved organization model is not Ford 19 to traditional pay and benefit structures. There simple to construct and initially there is bound Freedom Lock & Security 60 will be a fresh approach to tiered policing and to be some trial and error. A determination Georgian College 49 collaboration with private security. not to be discouraged by early setbacks but to HandsOn Osteopathy Clinic 61 learn from each experience and persevere is Henrys Photo-Video-Digital 52 Consolidation imperative to success. Hudson Supplies 26 Regionalization and consolidation for Too often, a service that embarks on the Humber Institute of Tech 22 goals of efficiency and economy is a rational path to devolutionary reform loses its resolve Integral Tactical 60 solution if the economic benefits are estab- in the early going when some local com- Int’l Assoc. for Property and Evidence 12 International Police Association 48 lished in advance and the service standards and mander’s decision falls short of its intended lnvestors Group 61 criteria for measuring success are included in goal, or when the headquarters bureaucracy John E. Reid & Associates 57 contracts with local communities. While cost conspires to stifle local initiative on the pretext Kain Family Law 12 control is the objective, experience has taught of protecting corporate interests. M D Charlton Co 21 that relationships with the public often suffer Resistance to change and defense of Panasonic 2 when a larger regional or provincial service organizational turf must be anticipated and Peerless Handcuff Co 30 takes over from a smaller local service. overcome. Pelican Products 25 The frequent criticism, or scare bear, There are many compelling reasons to PES Canada 50 is that the larger service is impersonal and persevere. The strict command and control Photography by Kat 60 insensitive to local priorities. Operational management system inherited from the profes- Polar Pin 35 effectiveness is impaired when people feel sional model of policing has timed out. Rigid Pride in Service 60 estranged from their police. A successful top down command and control is neither Priority Dispatch 31 Professional Dev’l TSCM Group 13 transition that includes protection of local productive nor practical in the collaborative Provix 29 relationships places responsibility on regional arena of the information age, when new en- RCMP Heritage Centre 44 and provincial police to develop policies and trants bring with them an educational experi- Risk Management Solutions 14 practices guaranteeing direct and close en- ence that encourages openness, collaboration Royal Canadian Legion 35 gagement with all elements of the community, and innovation. Viewed from a strategic SEALS Action Gear 17 inclusive of local councils, neighbourhood perspective, agency consolidation combined Sportmeds 61 groups and individuals. with a philosophy of devolved authority is a Stokes International 60 The objective is to provide boutique poli- win-win proposition – scaling-up externally Supply Sergeant 57 cing within a corporate structure, as opposed (consolidation) for economic savings, while Tactical Innovations 60 to the one-size-fits-all model bound by rigid scaling-down internally (devolution) for The Patchman 60 institutional policy. operational effectiveness. TPS Fraud Conference 48 Triform 54 If consolidation is a scare bear to smaller Turning Technologies 38 Devolved organizations communities, then devolution is a formula for Underwater Kinetics Canada 29 A devolved organization accentuates taming the bear. University of Fredericton 10, 20, 28 delegation of authority to local command- University of Guelph 47 ers, authorizing them to tailor decisions and Robert Lunney is the former chief of the Edmonton and Vacations for Heroes 47 practices to community needs. The devolved Peel Regional police services. He is Blue Line Magazine’s Whelen Engineering 55 model encourages innovation, promotes trust Police Management edtior and he is the author of “Parting William Scully Ltd 53 and confidence, builds staff morale and con- Shots - My Passsion for Policing.” He may be contacted Wolverine Supplies 24 tributes to a culture of performance and client by email to [email protected]. Wolverine World Wide (Bates) 23

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February 2013 64 Blue Line Magazine