Blue Line Magazine

Blue Line Magazine 1 AUGUST / SEPTEMBER 2006 Blue Line Magazine 2 AUGUST / SEPTEMBER 2006 August / September 2006 Volume 18 Number 7 Publisher’s Commentary 5 The great “Wizard of Ottawa” is still at work Blue Line Magazine 12A-4981 Hwy 7 East Ste 254 Policing the rock 6 Markham, ON L3R 1N1 North America’s oldest police force Canada Blue Line advertisers at the CACP 12 Ph: 905 640-3048 Fax: 905 640-7547 Web: www.blueline.ca eMail: [email protected] A committment to public safety 14 — Publisher — Morley S. Lymburner Local police should watch for terrorists 16 eMail: [email protected] Sleeper cells are likely already here — General Manager — NEWS CLIPS 19, 62 Mary Lymburner, M.Ed. eMail: [email protected] MEDIA AND PUBLIC AFFAIRS 20 — Editor — Chief’s comments stir debate Mark Reesor eMail: [email protected] DISPATCHES 22, 52, 70 — News Editor — Ryan Siegmund Putting prison costs into perspective 24 eMail: [email protected] How to obtain stolen property convictions 28 — Advertising — This month’s cover picture, crafted by Mary Lymburner CORRESPONDENCE 29 Doug Gaulton, shows the new Chief of the Dean Clarke Royal Newfoundland Constabulary Joseph Bob Murray Operation Remembrance 30 Browne. Chief Browne, a born and bred Kathryn Lymburner eMail: [email protected] Newfoundlander, took up his new duties this Mobile Crisis Intervention Team 34 past spring. Among his first duties will be to — Pre-press Production — welcome members of the Canadian Associa- Del Wall Finding fact instead of fault 38 tion of Chiefs of Police to St. John’s in late August. On page six in this issue Danette — Contributing Editors — The potential to mislead 40 Communication Skills Mark Giles Dooley, Blue Line’s East Coast correspondent, Police Management James Clark gives you a more detailed background about CASE LAW 43 Chief Browne and the most intriguing history Tactical Firearms Dave Brown • Joint possession based on all circumstances Technology Tom Rataj of the RNC. Psychology Dorothy Cotton • Confirming tip provides reasonable grounds Meanwhile on the west coast Elvin Case Law Mike Novakowski • Vehicle search following passeger’s arrest ok • School sniff and search ruled unreasonable Klassen has been busy for the last few months Blue Line Magazine is published monthly, September to June, by • Search requires only one valid purpose gathering several articles. On page 14 he gives Blue Line Magazines Incorporated with a mailing address of: us an overview of the new inter-force helicop- 12A - 4981 Hwy. 7 East, Ste. 254, • Pat down of handcuffed detainee reasonable Markham, Ontario, L3R 1N1. ter program managed by the RCMP on behalf Individual magazines are $5.00 each. Subscriptions are $25.00 per ODDITORIALS 48 of seven police services in the lower BC main- year or $40.00 for 2 years. (U.S. & Foreign - $50.00) Group and bulk land. In a second story Elvin describes Opera- rates available upon request. Marine 9-1-1 50 tion Remembrance. This project is a result of a All material submitted for publication becomes the property of Blue Line Magazine unless other arrangements have been made with the publisher The basics are key to water rescue Surrey RCMP member’s quest to involve his prior to publishing. community in honouring the war veterans. The authors, advisors and Publisher accept no liability whatsoever for any injuries to persons or property resulting from the application or Cycling 101 54 In Elvin’s third article BC Coroner Kim adoption of any of the procedures, tactics or considerations presented in OPP course trains police cyclists Collins describes the duties, responsibilities this magazine. Readers are cautioned and advised that articles presented herein are edited and supplied for your personal awareness and should not and the day to day life of a coroner. Never be used for further action until appropriate advice and guidance is received Case Law: proving a gun in court 58 happy with simply signing a death certificate from a supervisor, Crown Attorney or other person in authority. the Coroner’s job is to find out why a death Established in 1988, Blue Line Magazine is an independent publication Job sharing benefits everyone 60 designed to inform, entertain, educate and upgrade the skills of those occurred and how future deaths can be pre- involved in the law enforcement profession. It has no direct control from a vented. Kim also explains some of the attributes law enforcement agency and its opinions and articles do not necessarily DEEP BLUE 63 and drive that has brought her from walking a reflect the opinions of any government, police, or law enforcement agency. Police and psychologists aren’t so different ©2006 - All articles are protected by copyright. No part of this beat to working for the Coroner’s office. publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording Customs officer stands on guard for thee 64 This edition also gives you information on or by any information storage or retrieval system without permission. Mobile Crisis Intervention Teams in Toronto, Internet activity is monitored and use or re-posting of Police Order of Merit appointments 66 about safe tactical boarding of watercraft, a bi- material on the Internet is restricted. cycle patrol officer trainer’s program sponsored BEAT COPS 68 by the OPP and University of Guelph Police, job sharing benefits in Edmonton, and how to This publication is a private venture and receives no Motorcyclists to invade Alymer 69 prove a gun is a gun in court. And to add a subsidy or grant from any level of government. little spice to your reading we present a think — Affiliations — DNA data bank cementing its legacy 72 piece on how much we should trust those crimi- International Association of Law Enforcement Planners nal profiling computer programs. Standby! This Canadian Advertising Rates & Data TECHNOLOGY 74 one is hot and you could only read about it in International Police Association Electronic document management please! The Police Leadership Forum Blue Line, Canada’s only independent law en- Periodical Publishers Exchange forcement magazine. The Canadian Press Newswire COMING EVENTS 75 There is much more from our Case Law Harvey Research editor Mike Novakowski, Technology editor PRODUCT NEWS 76 Printed in Canada by Tri-Tech Printing Tom Rataj, Public Affairs editor Mark Giles, ISSN #0847 8538 and Psychology editor Dorothy Cotton. You BACK OF THE BOOK 78 can also check out a think piece in the Back of Canada Post - Publications Mail Sheep, wolves and sheepdogs P. S. A. No. 40051073 the Book about sheepdogs, wolves and sheep.

Blue Line Magazine 3 AUGUST / SEPTEMBER 2006 Blue Line Magazine 4 AUGUST / SEPTEMBER 2006 The great “Wizard of Ottawa” is still at work

by Morley Lymburner Now if I were an American I would be vide them with life preservers you will find they looking rather puzzled if not actually amused are quite buoyant.” by all this. So okay then... I’ll write the script Well so ends my attempt at screen writ- There is a great Wizard in Ottawa who is for Rick Mercer. ing. But you can see the point here. Just as the sitting behind an emerald curtain who flicks CAPTAIN — (addressing the Great Wizard of Wizard was a great illusionist in the Oz story great switches that keep the RCMP on the move Ottawa): “You want to have a joint program with someone in Ottawa is thinking in these same into half-baked ideas, projects and programs the U.S. Coast Guard to capture border runners. terms. As long as no one pulls back that emer- which stretch the imagination and mandate of Well send over some of your Canadian Coast ald curtain to show the Wizard that it is a dan- an otherwise competent police force. And with Guard officers and we will give it a try.” gerous world out there with little room or sym- every screwed up mess the Mounties have to WIZARD: “Sorry! Coast Guard officers have no pathy for the unprepared and foolhardy, this wear the stigma attached. guns and we have not given them any enforce- type of random thinking will always land on I am reminded of a great quote from the ment or arrest powers.” the backs of the RCMP. Wizard of Oz, “You are talking to a man who CAPTAIN: “Okay then... how about Canada Every contract policing province has a has laughed in the face of death, sneered at Ports Police?” shortage of officers. Perhaps it is time for the doom and chuckled at catastrophe.” WIZARD: “Ah! Sorry we disbanded them before RCMP to go back to basics and do what they The latest ill thought out idea placed 9/11 to save... money... we think.” actually do very well...that is police. That does CAPTAIN: “Okay then... ummm... how about Mounties on U.S. Coast Guard ships to patrol Canada Customs officers?” not mean duplicating someone elses job or ex- as a unified force in the Detroit-Windsor area. WIZARD: “Well you see... they don’t carry guns... pertise. If the RCMP actually counted up how The theory is terrific and no one is more in fa- and... ah... their job does not include actually many officers they have doing jobs that oth- vour of inter-departmental co-operation than me. patrolling the border... only the ports of entry.” ers are doing as well or better, there might not Brilliant as the idea is the brilliance became con- CAPTAIN: “Well... then... you have a great idea be a shortage. Let CBSA do everything that siderably dimmer when executing the plan. with no one available to work with it.” has to do with the border. Let the Coast Guard In a story datelined July 4th (how fitting WIZARD: “Oh yes... let me look around... oh do everything that has to do with water law for the Americans) the Canadian Press released yes! We have the RCMP. They are Canada’s enforcement and protection. Let Park Rang- a story regarding the Mounties neglecting to iconic and world renown police force. We have ers do everything that has to do with protec- provide members who actually knew their way extras that we send around the world to guard tion of the Parks. Let CSIS do everything it around a ship or even water for that matter. Un- embassies and patrol third world countries and does so well. der the Freedom of Information Act CP ob- we use them as Park Rangers and the like. We I will give the last word to the Wizard of tained a report on the RCMP/US Coast Guard even have them on foot patrol in downtown To- Ottawa... Sorry — Wizard of Oz. project and found that by not supplying offic- ronto for the tourists. We can pull away maybe “Therefore... I hereby confer upon you the ers properly trained in marine strategies of a dozen or so from other jobs less pressing. honorary degree of ThD... That’s... Doctor of boarding ships and basic seamanship they jeop- They never say no to any job and if you pro- Thinkology.” ardized the effectiveness and safe operation of the program. Out of 14 RCMP members working the project only two had any understanding of what they were doing on the water. One of the report’s basic conclusions was that in the absence of such training the RCMP “could have created significant liabilities with respect to the Canadian Labour Code.” Forget the labour code and try to remember the people. Think of the ethics surround- ing such a move. It placed all those officers at risk along with their families not to mention the damage to the fragile crystalline image of the RCMP as a whole. The Canadian government and the need to have effective law enforcement is like oil and water. They don’t mix. And the people who seem to get the worst of this are the long suffering RCMP. This mysterious great Wizard of Ottawa also insists the RCMP make great customs investigators, harbour police, international spies, game wardens, fisheries inspec- tors and any transient thought of law enforcement required by any other niche in government policy. And it makes no difference if another agency is fully equipped and trained to do the job better. I still have visions of this appearing on “This Hour Has 22 Minutes.” Visions of sea sick Mounties lumbering across a heaving deck and hurling over the sides of the US Coast Guard cutter onto a hapless drug dealer en- snared by the genius of the plan. This skit is kind compared to others that could be conjured up. Luckily the January report on the two week test program was found out about in the summer time.

Blue Line Magazine 5 AUGUST / SEPTEMBER 2006 BlueBlue Line Line Magazine Magazine 66 AUGUSTAUGUST / /SEPTEMBER SEPTEMBER 2006 2006 Blue Line Magazine 7 AUGUST / SEPTEMBER 2006 According to the in the late 1970s, he RNC’s official history it rose rapidly through was originally known as the ranks to become the Constabulary Force the senior training of- of Newfoundland. The ficer responsible for Constabulary was the the overall conduct, only police force serving training and supervi- in Newfoundland and sion of nearly 70 Labrador until 1935 young men and when the Commission women of high school Government instituted age. His professional the Newfoundland manner and keen Ranger Force. The knowledge of mili- Rangers were assigned tary matters made him to policing duties in the the ideal candidate to more remote areas of help guide the Tattoo Newfoundland and Lab- in becoming one of rador while the Con- the foremost (histori- stabulary continued to cal) animation pro- provide policing services grams in Canada.” to St. John’s and the Realizing early in larger towns across the his policing career that island of Newfoundland. today’s youth are to- This policing ar- morrow’s leaders, rangement continued Browne maintained a until confederation with Canada in 1949 when joint force operations to address specific crimi- keen interest in numerous youth-related pro- the Ranger Force was disbanded and the Royal nal activity within a given community. grams. After 17 years on the job, he and 14 Canadian Mounted Police (RCMP) were con- others were chosen to represent the province tracted to provide policing services to the new A new leader for a new future as part of the Governor General’s Canadian Province of Newfoundland. The arrival of the Joseph F. Browne, a born and bred Leadership Conference. RCMP resulted in considerable downsizing of Newfoundlander and Touted as “the leadership Olympics,” the the Newfoundland Constabulary as the RCMP 24-year-veteran of the conference brings together Canada’s future assumed policing responsibilities for all areas Royal Newfoundland leaders from business, labour, government, of the province outside the city of St. John’s. Constabulary (RNC), NGOs, education and the cultural sector for a In May, 1950 the Newfoundland Constabulary has taken over the unique two-week experience aimed at broad- closed 35 outport police stations, and while it reigns of a police force ening their perspectives on work, leadership, retained provincial policing status, its jurisdic- that has been part of the their communities and their country. Browne tion was restricted to the city of St. John’s. fabric of Newfound- spent his time in the Northwest Territories In 1979, Her Majesty Queen Elizabeth II land and Labrador so- studying how leadership impacts aboriginal conferred the insignia ‘Royal’ on the New- ciety as far back as the communities and regards the experience as one foundland Constabulary in recognition of its 1700s. of the highlights of his career. long history of service to Newfoundland and Having served as deputy chief since 2001, Browne’s passion for his province has seen Labrador. The Royal Newfoundland Constabu- the St. John’s native was eyeballed by many in him carve his own niche in giving back to the lary is one of only six police forces in the Com- policing circles as the obvious choice to suc- community. A member of the St. John’s Ro- monwealth to receive such an honour. ceed the OPP-recruited Richard Deering, who tary Club and the Royal Newfoundland Regi- During the period June 1981 to May 1983, stepped down from the position in March. ment advisory committee, he is also heavily the Royal Newfoundland Constabulary’s po- Browne has worked in all areas of policing involved in United Way. licing jurisdiction expanded to include all of under five chiefs, earning numerous accolades The RNC and RCMP work closely in de- the North East Avalon, namely St. John’s, along the way. He proved his commitment to livering policing services to the province. Mount Pearl and the communities from Seal protecting life and property early into his career RCMP assistant commissioner Gerry Lynch, Cove in the west to Cape St. Francis in the east. and, in so doing, was recognized for risking his who heads “B” Division in Newfoundland and In July, 1984 the RNC assumed responsi- own life in an effort to save others. He and his Labrador, has worked closely with Browne bility for policing in Labrador West including partner at the time, Cst. Gerard Ryan, responded over the last several years and is confident the the towns of Labrador City, Wabush and to a fire call where several former in-hospital strong relationship will continue. Churchill Falls. In July 1986, the city of Cor- psychiatric patients were living in the commu- “Joe is very much a professional in his ner Brook was included in its jurisdiction. This nity. After helping all residents from the burn- career,” Lynch says. “The best characteris- expansion program, with improved training, ing building, both officers were taken to hospi- tic I can say about him is he is very much a new resources and greater responsibilities, re- tal suffering from smoke inhalation. true gentleman.” sulted in a rejuvenation of the Royal New- The skills he’s acquired and partnerships foundland Constabulary and its further devel- A history of service he’s helped form through the years were no opment as a professional police force serving Browne became active in the province’s doubt recognized by the province’s justice de- the citizens of Newfoundland and Labrador. cadet movement as a teenager in high school partment and helped Browne on his climb The RCMP, under contract with the pro- and went on to become a commanding officer within the RNC. vincial government, continues to provide po- with the St. John’s Army Cadets and a training “Chief Joe Browne is a proud lice services in all other areas of the province officer for the Signal Hill Tattoo. Set atop his- Newfoundlander and Labradorian who has not included in the RNC’s jurisdiction. The toric Signal Hill, it portrays the garrison life risen to his new post through the ranks and is RNC and RCMP work together by means of and duties of the British Infantry soldier in the widely acclaimed as an officer and an admin- multiple year joint force operations for drug harsh conditions of the Newfoundland Station istrator,” says the Hon. Tom Marshall, the pro- enforcement, Violent Crime Linkage Analysis in the mid-1800s. vincial justice minister. System (ViCLAS), Crime Stoppers, Criminal Major Jim Lynch, who heads the Tattoo to- “He is very much a leader and very much Intelligence Services Newfoundland (CISN) day, says Browne made a significant contribu- committed to ensuring the Royal Newfound- and Integrated Proceeds of Crime Unit (IPOC). tion during its formative years. land Constabulary is ranked as one of the top Also, from time to time they initiate short-term “Having performed in the Tattoo himself police forces in the country.”

Blue Line Magazine 8 AUGUST / SEPTEMBER 2006 Blue Line Magazine 9 AUGUST / SEPTEMBER 2006 In-province training Marshall helped ensure that the RNC would no longer have to look elsewhere to train its future officers. The force welcomed its inaugural graduating class of new police recruits in Sept. 2005 and a second class will soon take to the streets. The police officer training program at Memorial University of Newfoundland was ini- tiated in 2004 with a commitment to train 75 police officers over a three-year period. In-province training has many pluses, Browne says, not the least of which is lower costs. “It was costing upwards of $40,000 for a young person to go to the Atlantic Police Acad- emy; that’s a hard way to begin your career path,” he says. Some candidates couldn’t come up with that kind of money “and we were losing potentially good future officers.” The RNC/ MUN program costs cadets about $7,000. Another advantage of in-province training is that the RNC can now hand-pick its future generation of officers based specifically on the force’s requirements. “We recruit them, we see them train everyday and that helps us evaluate them. Whereas, in the past, sometimes the first time we met them was when they graduated,” Browne says. While the Memorial police training program has been designed specifically for the RNC, Browne sees future growth potential and is op- timistic it will continue after the provincial government’s three-year commitment. There’s a huge demand for well trained officers and he predicts police agencies from other provinces will watch the program.

Learning from mistakes Former Supreme Court justice Antonio to ensure officers are provided with the skills In six years’ time, Browne will have 30 years Lamer headed a provincial inquiry begun in and training they need to progress within the service with the RNC. “It will be time then to 2003 to investigate three murder cases which organization. A serving member today is likely think about if you’ve accomplished what you resulted in miscarriages of justice. While Lamer to become the next chief, Browne says, and set out to accomplish and is it time for new en- blamed police tunnel vision in two of the cases, it’s his job to ensure they are ready when that ergy and new thought processes; probably it is.” his report commends the RNC for taking steps day comes. to change the way officers handle future “I see as our future leaders people who You can reach Danette Dooley at [email protected]. investigations. joined here as young people, who grew up here Browne says he welcomes the inquiry, and invested their time and energy and who have which examined the RNC as it was operating a passion for this place.” Touted as the event of the year for Canadian polic- 13 years ago. It’s a much different force today, It’s also important not to loose sight of con- ing, the annual general he says, noting it has implemented a “cutting cerns within the community, many of which meeting of the Canadian edge” major case management system for han- centre on break and enters and other crimes that Association of Chiefs of dling big investigations. make people feel unsafe, he says. Police (CACP) is being “Sometimes you do lose the forest through In addition to ensuring his officers have the held on the rock for only the second time in its cen- the trees,” he admits, “and it takes that inde- tury-long history. The 101st conference takes place in tools needed to solve such crimes, Browne sug- St. John’s from August 20-23, co-hosted by the RNC pendent view.” gests that partnerships and policing must go and RCMP. hand-in-hand. The more residents, community The conference’s professional program, based Bright future groups and other social agencies are involved, on the theme To your health – A votre santé – is ex- Browne sees a bright future for the RNC the more successful the force will be in solving pected to inspire delegates towards personal devel- and says it’s an honour to serve as police chief crime, says Browne. opment and organizational effectiveness. In planning the social, youth and companion components of the in the community that has served him so well “We need to focus on the basics and funda- conference, organizers have capitalized on Newfound- through the years. He only wishes his uncle, John mentals of policing. We need to get out there land and Labrador’s greatest resource – its people. Browne – a former RNC chief – had lived to and identify people that are stealing cars and All programs promise to leave those visiting the rock see the day when he too stepped into the role of breaking into homes and causing disruption in for the first time with thoughts of returning forefront in top cop. Several of Browne’s other relatives neighbourhoods. We need to do whatever it takes their minds. carved their careers with the provincial force. to help them lead a peaceful and enjoyable life.” The conference trade show will provide an opportunity for both formal and information networking. Browne credits former Chief Leonard Browne has confidence and is proud of Confirmed presenters include General Rick Hillier, a Power (who died soon after retiring) and former the RNC’s management team, rank-and-file proud Newfoundlander and commander of the Cana- deputy chief Gary Browne for guiding him in members and civilian staff, rating the force dian Forces, the Hon. Vic Toews, federal justice min- the right direction on his policing pathway. as equal to or better than any other of its size ister and Blue Line columnist Dr. Dorothy Cotton. “I worked under Chief Power, who put a in the country. Delegates will also be captivated by Newfound- strategic plan in place for the RNC. That was While management and the RNC Associa- land motivational speaker Ann Marie Hagen as she tells of her journey towards forgiving the man who she Len’s vision. I know that Gary Browne (no re- tion may not always share similar views, he ad- watched, as a young girl, brutally murder her father. lation) is only a phone call away,” Browne says, mits, association members are the heart of the Of course, no conference in St. John’s would be adding both shared his passion for the force. organization. “These are the people that keep complete without an evening for the adults, including Browne feels succession planning is an im- things going for us. They are the ones out there a stroll along George Street in the downtown and into portant role for the chief’s office and pledges working in the field.” many of the colourful pubs that pepper that short strip.

Blue Line Magazine 10 AUGUST / SEPTEMBER 2006 Blue Line Magazine 11 AUGUST / SEPTEMBER 2006 BLUE LINE ADVERTISERS AT THE CACP Canadian Association of Chiefs of Police

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Blue Line Magazine 12 AUGUST / SEPTEMBER 2006 Blue Line Magazine 13 AUGUST / SEPTEMBER 2006 by Elvin Klassen A new, fully equipped Eurocopter EC- 120B Colibri helicopter will focus on maintaining traffic safety in the greater Vancouver area and BC Lower Mainland. Air One will concentrate on pursuits, street racing and impaired driving but can also assist with other high-risk criminal offences if needed. “Each year car accidents and hit-and-runs kill more British Columbians than all violent crimes combined,” said Solicitor General John Les. “The helicopter will help police spot and track dangerous drivers and will reduce the chance of high speed chases that put the public at risk.... “The $2.2-million dollar price tag is pretty small when you consider the potential lives that will be saved, and the increase in public confidence in the safety of their communities and their streets.” of car thieves in Surrey. It also assisted the Sur- ices Center The helicopter will provide aerial support rey RCMP auto theft target team for nearly an at the Van- to 17 municipalities, said RCMP Pacific Re- hour, tracking a pair of known car thieves in a couver Air- gion Deputy Commissioner Beverley Busson. stolen Dodge pick-up. port, which “It will enhance the ability of police traffic serv- Unaware of the police presence, the sus- also dis- ices to address overall safety on roadways, pro- pects were observed driving recklessly patches three vide safer conduct and control of situations throughout Surrey and Langley, running red fixed wing involving drivers who are attempting to evade lights and passing vehicles on double solid airplanes police, and assist with overall crime reduction lines. Target team members moved in for the and a as part of our strategic goal for safer homes arrest when the duo got out at a gas station. Eurocopter and communities.” One of the suspects was immediately appre- B3 helicop- The bills are being paid through a joint traf- hended but the second returned to the truck and ter, although fic safety agreement between the province and fled at a high rate of speed. they are not government operated Insurance Corporation of Air One followed from a discreet distance, assigned Insp Derek Cooke BC, with some assistance from the federal gov- making a pursuit unnecessary. Thinking he had specifically ernment. The province is covering the operat- gotten away, the suspect abandoned the truck to area traffic safety. The B3 works with bor- ing costs so individual police departments are in a Langley mall and was arrested without fur- der enforcement teams and is used in drug not billed for using the aircraft. ther incident. Both suspects face numerous operations and for general support. The ‘Lower Mainland Traffic Safety Heli- charges, including car theft, dangerous driv- RCMP Cpl. Dwayne Jennings is chief pi- copter’ recently made a pursuit unnecessary ing and resisting arrest. lot but noted highly trained and skilled civil- and played a crucial role in the arrest of a pair Air One is based at the RCMP Air Serv- ian pilots have also been hired.

Blue Line Magazine 14 AUGUST / SEPTEMBER 2006 “The quality we are getting is quite impressive. These are non-peace officer, status employees of the RCMP. A fully trained tactical flight officer, who is a qualified police officer, always accompanies the pilot.” Air One has a thermal imaging camera and 30 million candlepower spotlight for tracking suspects at night, GPS-based mapping equipment, high-tech gyro stabilized binoculars and a complete communication system, capable of sending real-time video to an incident commander on the ground. The EC-120B is the quietest single-engine helicopter in its class and also one of the most fuel efficient, which allows it to do its work effectively without disturbing the area around a crime scene; this is especially important when it’s used at night over a sleeping neighbourhood. Air One connects directly to E-Comm’s 911 call centre, which dispatches emergency responders to the more than two million residents of southwest BC. The helicopter connects directly to the radio system used by police in the area it’s operating, which has proven more effective than using the cell phone system. The helicopter is the only one in North America designated solely for traffic safety, to the best of their knowledge, said Insp. Derek Cooke, OIC of the Lower Mainland District Traffic Services. “Because of where the funding came from, we are breaking some ground. Our program is in its infancy and we are prepared to see what works and what does not work with the project. We are getting excellent support from other police departments like Los Angeles, Calgary and Edmonton, who have helicopter support programs. Everyone wants success so there is excellent co-operation with other departments without any competition.” Police forces in the Lower Mainland have been trying to get a patrol helicopter for the past 10 years. A traffic support helicopter for the area “has been a long time in coming,” admitted Jennings. “We are moving into a new age of enforcement and Air One is a tremendous asset in policing. The impact that this service has on policing is far greater than if that same money was used to employ additional police.” The helicopter covers an area from Whis- tler to Hope and Jennings is concerned that servicing such a large area may mean that “Air One will not be available for all the needs that come up in the Greater Vancouver Area.” “This announcement could not have come at a better time,” said Vancouver Police Chief Jamie Graham. “With the integration of police services, we are better able to co-ordinate the use of a helicopter across more than a dozen municipal and RCMP detachments. This law enforcement tool represents a long lasting commitment to public safety.” BC’s enhanced road safety enforcement initiative also includes bait cars and the establish- ment of specialized integrated road safety units around the province. Along with targeting aggressive and impaired drivers, the units help ensure seatbelt compliance and intersection safety. Elvin Klassen, Blue Line’s west coast correspondent, can be reached at [email protected]

Blue Line Magazine 15 AUGUST / SEPTEMBER 2006 Local police should watch for terrorists Sleeper cells are likely already here by Michael Aman

Four radical Muslim suicide bombers killed 52 people and injured some 700 when they bombed three subway trains and a double decker bus in London, England on July 7, 2005. The terrorists were all British citizens, three of them native-born. An intense investigation followed and the British House of Commons issued its report on the bombings in May. This article is an analysis of that report, with the intention of extracting lessons that will help US and Canadian police officers detect and prevent suicide attacks. The recent take- down of a radical Muslim terror cell in Toronto shows that the North American continent is by no means immune to this threat.

Profile of the terrorists The London suicide bombers were all male and ranged in age from 18 to 30, with their leader being the oldest. Some of them were tion season so their casual appearance didn’t an almost perfect improvised explosive for ter- married and had children, which distinguishes make them overly suspicious. None exhibited rorist purposes. them from earlier Al Qaeda inspired terrorists any hint of being a radical Muslim; they didn’t The bombers were apparently aware that such as the 9/11 hijackers. Three of the bomb- wear traditional Muslim garb or full beards, manufacturing TATP had the potential of attract- ers had very similar backgrounds – they were for example. They were apparently keenly ing unwanted attention due to strong odours and all second generation immigrants of Pakistani aware of the tactical requirements of their mis- fumes so they rented an apartment solely to use origin – the fourth was a Muslim convert of sion and made a conscious effort not to attract as their bomb factory. They attempted to con- Jamaican origin. unwanted attention. ceal their activities with net curtains, while leav- The three ‘Pakistanis’ seem to have grown When the group split up in an underground ing the windows open for ventilation. The toxic up in something like a Muslim ghetto, an en- terminal to approach their separate targets, they fumes exuding from it killed the tops of plants vironment that precluded them from becom- were reportedly observed hugging each other just outside the apartment windows. ing truly integrated into their native British and appeared euphoric. In the last seconds be- Hydrogen peroxide’s extreme bleaching nation and culture. They were not excessively fore they detonated their explosive devices, properties caused the terrorists’ hair to grow poor or disadvantaged, but Britain’s culture they were seen manipulating the tops of their lighter, which wasn’t noticed by their families. and way of life apparently didn’t reach them rucksacks, probably arming the bombs. The last They tried to explain this by blaming it on ex- beyond outward appearances such as wear- bomber, who exploded his device over an hour posure to swimming pool chemicals like chlo- ing Western clothes. after the other three, appeared nervous imme- rine and apparently wore face masks when All their social life and interactions seem diately before detonation, probably because his working on the explosives. to have occurred within a strictly Muslim en- device had initially failed. They likely conducted a small scale test vironment. The ‘Jamaican’ was the oddball of There were apparently no last second ritu- explosion to make sure their devices would the group in that he didn’t even become a Mus- als such as shouting out or murmuring religious work. The last bombing occurred over an hour lim until 2000, when he was 15 years old. His phrases or the application of any special ap- after the other three, which happened almost si- personal life was marked by constant upheaval parel such as bandanas. Such rituals have been multaneously. The Al Qaeda manual explicitly and psychological trauma; apparently this made observed on some occasions during suicide specifies that a terrorist attack optimally should him prone to being easily impressed and bombings in Israel. consist of four separate but simultaneous attacks. swayed towards extremist ideas and actions. The last bomber was seen on a security camera Curiously, the official British report states that Explosive devices purchasing a 9 volt battery after his three co- the terrorists were “apparently well integrated The bombs consisted of approximately two conspirators had already blown themselves up, into British society.” British standards for suc- to five kilograms of the organic peroxide TATP, likely because his device malfunctioned. cessful integration appear to be somewhat dif- an improvised explosive that can be manufac- ferent than those in North America. tured entirely from commercially available in- Weapons gredients – hydrogen peroxide, sulfuric (bat- The terrorists apparently had prepared for Physical appearance during the tery) acid and acetone. If these are found to- a hostile encounter with law enforcement. Au- attack gether, the site should be treated as a bomb fac- thorities discovered a 9mm handgun and addi- The suicide terrorists wore comfortable, tory and terrorism indicator. Manufacturing tional, smaller explosive devices in one of the casual clothing and carried rucksacks conceal- instructions are readily available on the Internet vehicles left behind in a railroad station parking their explosive devices, making it appear and in literature such as Guerilla’s Arsenal. ing lot. Their purpose could not be definitively as if they were embarking on a camping or hik- The manufacturing process is fairly sim- established, however it is likely that they were ing trip. Some witnesses reported the rucksacks ple but also highly dangerous. TATP is very intended as distraction devices in the event the appeared too heavy for their size. volatile, making it dangerous to work with. It terrorists were stopped during the drive to the The bombers stood out somewhat during is also highly sensitive, making it easy to ig- railroad station in Luton, outside of London. morning rush hour on the London Under- nite without hard to obtain commercial deto- The Al Qaeda terrorism manual explicitly ground, however it was early July and vaca- nators such as blasting caps. Overall, TATP is prohibits Al Qaeda members from carrying

Blue Line Magazine 16 AUGUST / SEPTEMBER 2006 Blue Line Magazine 17 AUGUST / SEPTEMBER 2006 weapons during preparatory activities for an at- • expressed attraction to martyrdom such as the radical Muslim faith by activities such as tack. However, police officers must be prepared terrorist suicide attacks; womanizing. Some of his actions can be at- for violent resistance if they encounter radical • intolerance of religions besides Islam; tributed to no-future behaviour, such as spend- Muslim terrorists during an actual mission. • view of oneself as a ‘warrior’ in a global ing money liberally. struggle between Islam and the rest of the By and large, the other three terrorists Planning and preparation phase world; maintained their calm and discipline and their Several pronounced and observable • a preoccupation with the historical Christian self-imposed seclusion from outside influences changes occurred in the terrorists’ appearance crusades to the Holy Land, which occurred became more severe in the immediate run-up and behaviour during preparation for the bomb- some 900 years ago. to the bombing. The terrorists went on an ac- ing. Such changes, especially if they are rapid All radical Muslim terrorists seem to share tual on-site dry-run of the bombing several days and unexplained, are important terrorism indi- the conviction that civilians in Western coun- before the attack, making sure that their sched- cators. The bombers also engaged in physical tries bear responsibility for the perceived mis- uling was correct. They also prepared written activities typical of the planning and prepara- ery of the Muslim world because they support notes on schedules of the trains they planned tion phases of a terrorist attack such as work- their Western ‘crusader’ governments. to hit; these were recovered as evidence. ing out in a gym, canoeing and hiking. At least two of the British cell members Besides physical fitness and the tactical visited Pakistan about seven months before the Investigative considerations value of such training, these exercises seem to attacks and may have visited a terrorist train- The bombing investigation relied to a con- have played an important role in the bonding ing camp in Pakistan or Afghanistan. Their siderable extent on closed circuit TV images of this particular terrorist cell. Generally, out- bombing preparations became much more fo- of the bombers as they entered the public trans- door activities and tactical exercises possibly cused and their mind-set more tactically ori- portation system and at various stages during are also used during the recruitment, selection ented after the trip. The cell maintained com- the actual attack. and indoctrination of prospective radical Mus- munication with an unknown contact in Paki- Only one left a videotaped statement and a lim terrorists. stan in the months before the bombing. will, both recovered only after the bombing; The British cell apparently generated Pakistan evidently serves as the common two were also reported missing by family mem- within itself the initial impetus to engage in a entry point to the terrorist training camps that bers. In similar attacks in the future, such re- terrorist attack. It was self-sufficient and ap- still exist in Afghanistan or the Afghan-Paki- ports might very well be generated before the parently self-financed all of its activities. Its stani border area. ‘Koran schools’ (madrassa) attack, due to the extreme seclusion the sui- increasing radicalization became apparent in also seem to be important way points in the cide terrorists typically impose on themselves the terrorists’ outward appearance; they began terrorist careers of many individuals. Repeated during the run-up to an attack. wearing traditional Muslim garb, grew full or extended visits to Pakistan without a clear Evidence pointing to the leader of the cell beards and started openly preaching and advo- purpose should be treated as a potential indi- was found at three of the attack sites, showing cating radical Muslim ideas. These changes cator of terrorism. his apparent critical position within the cell. were noticed at their mosque and radical The terrorists changed their appearance and As mentioned, the names of two of the preachers also appear to have played a part in behaviour after returning from Pakistan, wear- bombers, including the cell leader, had appeared steering the cell towards terrorist activity. ing Western clothing again and toning down in an unrelated investigation of radical Muslim The actual terrorist indoctrination seems their radical, anti-Western rhetoric. This is in- activities. This appears to be a parallel to the 9/ to have taken place at locations away from es- dicative of tactical instructions if not opera- 11 attacks; leader Mohammed Atta was also tablished mosques, most likely in a successful tional training received during the trip. No evi- known to US counter-terrorism agencies but attempt to avoid detection. The names of two dence was recovered, however, that would in- they didn’t act upon this intelligence. The anti- of the bombers appeared in an unrelated indicate a direct link between the British cell and terrorism dragnet of Western nations is appar- vestigation of extremist activities and cell Al Qaeda leadership in Afghanistan. ently not tight enough and future suicide bomb- members exhibited a pronounced radicalization The British cell’s method of operation in- ers will likely be able to again slip through. in their expressed opinions. dicates Al Qaeda is transforming from a hier- Typical ideas and opinions expressed by archical terrorist organization into a virtual Conclusion prospective radical Muslim terrorists, which network of independent cells, bound not by a US and Canadian involvement in the glo- should be treated as potential terrorism indica- chain of command but rather a common ideol- bal war against terror puts both countries on tors when encountered in field contacts or in- ogy. Shortly before the bombing, the leader and the hit list of radical Muslim terrorists. Liberal vestigations, include: his second-in-command quit their jobs, appar- immigration policies and generous protection • denial of the holocaust; ently so they could devote their undivided at- of civil liberties makes it likely that radical • anti-Semitism; tention and energy to the coming attack. Muslim terrorists similar to the ones who com- • disregard of all material commodities; Only the ‘Jamaican’ bomber exhibited er- mitted the London attacks are already in place • belief in conspiracy theories about events ratic behaviour, seeking contacts with petty here. Due to the disruption of its base in Af- such as 9/11; criminals and even violating certain tenets of ghanistan and preoccupation with the Iraq war, Al Qaeda currently appears to be incapable of launching large-scale attacks such as 9/11. Al Qaeda’s transition into a virtual network of independent cells makes medium-scale suicide attacks along the lines of London 2005 more likely. Local law enforcement officers will play an important role in defeating this sleeper-cell threat. Knowledge of terrorism indicators and tactical skills in countering terrorist suicide attacks will become critical for police officers.

Michael Aman is a detective in the El Paso Police Department Crimes Against Persons unit. He also worked in the cold case, gang and dignitary protection units and spent 13 years in the German Air Force. His upcoming book, Prevention of Terrorist Suicide Attacks, published by Jones and Bartlett, will be available in September.

Blue Line Magazine 18 AUGUST / SEPTEMBER 2006 MONTREAL — Quebec has a new top 10 10 most wanted. Terror suspect former most wanted list and it is already being her- *** alded for one arrest in the province. MONTREAL —An international sting opera- video game addict Leads from the public poured in after po- tion off the coast of Africa has prevented 20 lice posted the most wanted criminal list on a tonnes of hashish from entering Canada, the MISSISSAUGA, Ont. (CP) —- Internet postings new web site, leading to the arrest of 22 year- RCMP say. suggest the alleged ringleader of a group accused old Jean Pierrin Rijacson who was wanted for Investigators in Montreal and Halifax of plotting terror attacks in Ontario was just another attempted murder. worked for more than 18 months after receiv- video game-obsessed teen two years ago, The To be amongst the province’s most cov- ing a tip. Globe and Mail reports. eted, criminals have to meet certain criteria; The sting, dubbed Operation Chabanel, was Amara was among the 12 men and five youths must be clearly identified, having committed carried out in co-operation with the Defence arrested in June in what’s been billed this coun- their crime in Quebec, or the object of a Department and officers in England, Morocco, try’s largest counterterrorism operation since 9-11. The 20-year-old is among a core group facing Canada-wide search warrant. Pakistan, the United Arab Emirates and Spain. the most serious allegations - training others to par- The RCMP, Quebec provincial police, and Drugs from a boat were transferred to a ticipate in terrorist acts and plotting to detonate at municipal police forces in and around the Mon- Mountie-chartered deep-water vessel some least three truck bombs. treal area all collaborated to put together the list. 330 kilometres off the coast of Angola in In early 2004, Amara’s major preoccupation “The 10 criminals all present the same southern Africa. in life was a hugely popular, shoot-em-up video danger..there’s no No. 1 among them..they are “We were told to go to a certain area, which game called Halo - a game he would forgo polite all the most wanted,” says Quebec Provincial was off the coast of Angola and that a conversation to play, according to thousands of Police Insp. Gary McConnell. “Because of the mothership or a tugboat would be there to sup- Internet postings uncovered by the Globe. But Amara had just married a woman whose nature of the crimes they’ve committed, the ply us with the substance,” RCMP Staff-Sgt. own take on Islam was often far more extreme than persons we are looking for are dangerous and Andre Potvin told a news conference. his own and his own attitudes soon began to shift, could be armed.” Peter Toman, 59, his 24-year-old son the postings suggest. Quebec, following the FBI’s lead in creat- Andrew, and Sidney Lalloux, 57, were arrested By the summer of 2004, Amara was begin- ing such a list, also have information on the June 2 when the drugs were supposed to be ning to show disgust with women he considered most wanted available on a web site: delivered to the Montreal West End Gang. immodestly dressed. He stopped watching televi- www.10criminelsrecherches.qc.ca. A cash sum of $195,000 was also seized sion and he and his wife, Nada Farooq, stopped Police say the FBI web site has nabbed 30 by Police. going to movies. Some of his closest friends were also becom- per cent of the 480 wanted criminals with the Those arrested were charged with drug ing more extreme. The preachers Amara admired, public’s assistance. importation, conspiracy to import, drug traf- both online and in the suburban mosques of Police stations and courthouses around ficking and possession for the purpose of Mississauga, west of Toronto, often expressed the province will also have postings of the trafficking. anti-Canadian sentiments. In the postings, Amara begins to show con- tempt for video games, saying they poison the mind. He cites an article from a website called FocusIslam which he eventually reposts on his own blog. “Why do you want to destroy yourself with useless things?’’ the article reads. “Life is too short - if you don’t act, work and behave now, then life will fly like an arrow.’’ In the middle of a heated post about the per- fection of God’s message and Islam’s superiority to Western culture, he takes a swipe at the chas- tity of non-Muslim women using one of his favourite forms of communication - freestyle rap. “Our sisters are purer than your Jenny and your Heahter (sic),’’ he writes. “The only good thing about you is your Tim Horten’s (sic) muffin fritter.’’ The web postings unearthed by the Globe suggest temptation is everywhere for Amara. Wher- ever he turns, someone is disobeying God’s will - including his parents. Amara advises his young male friends to get married in their teens, as he did, so that a pious wife may keep them away from temptation. Amara’s wife, Nada, meanwhile, uses the same forum to discuss her love for the idea of dy- ing in the name of her religion. “May Allah give us enough strength and faith to be of those who fight and die in the cause of Allah,’’ she writes. The teenage Amara begins seeing signs of the decline of that spirit everywhere, from the infighting among his Muslim friends in Mississauga to the growing number of Muslim youth he sees shaving their beards. “Did we grow up? Have we just settled down and surrendered?’’ he asks on his blog. “I think we did.’’

Blue Line Magazine 19 AUGUST / SEPTEMBER 2006 Chief’s comments stir debate

Release of investigative details builds confidence by Mark Giles Comments stir controversy After an arrest in relation to a 2005 homi- “The manner in which the arrest was an- cide case, the OPS provided some details of nounced shows the degree to which policing the investigation, including the agency’s per- has become a public relations exercise that is spective, at a news conference. Stating that the changing the way the game is played,” said accused had confessed to his neighbours and David Paciocco, a criminal law expert at the police, the chief suggested that he came for- University of Ottawa. ward “due to his guilt and no longer being able Paciocco was referring to a high-profile ar- to deal with his conscience.” The comments rest by the Ottawa Police Service (OPS) in June. led to a front-page newspaper story highlight- His comments were part of a front-page article ing concern by defence counsel over his cli- in the Ottawa Citizen questioning the degree to ent’s chances of getting a fair trial. which police release investigative details. With “We’re not anywhere close to the stage of public and media relations playing a more there being a conviction, yet certainly my client prominent role in managing policing and legal is being treated as if he is guilty,” said Michael issues, it’s often a dilemma for law enforcement Bisson, defence counsel for the accused. agencies faced with expectations of openness Bisson’s comments raise some interesting and transparency, adherence to privacy law, and questions. While only a court of law can deter- pressure to limit comment on cases under in- mine guilt, and the accused is certainly enti- vestigation or before the courts. tled to due process, would his client be in cus- When dealing with the media, there are gen- Details that cannot normally be discussed tody if police didn’t at least believe he was re- erally four options for responding to questions include those that would jeopardize an ongo- sponsible for the crime? Police investigators and dealing with the release of information: ing investigation, such as the gathering of fur- were confident they’d arrested the right per- 1. Tell the truth; ther evidence or making additional arrests; son, so shouldn’t the chief be able to publicly 2. Say you don’t know and cannot speculate; those that would disclose police practices that confirm his confidence in police actions and 3. Say you don’t know, but will find out; or may be used in the future; and those that might provide some context for his support? 4. Say you know, but explain why you cannot inappropriately influence a pending court case Some in the legal community say no, ar- release the information. or violate a court order. In such situations, the guing the risk of being tried in the media, but Police spokespersons often don’t know all spokesperson should clearly articulate the rea- if trial by media convicts people, then O.J. the details about incidents or arrests that have sons for withholding information and ask that Simpson and Michael Jackson would both be just occurred and shouldn’t speculate. More they be respected. in jail. There are still those, however, who feel information can usually be provided later as it Once these concerns are dealt with, police that police should keep their thoughts and facts becomes available. As the dust settles, how- spokespersons are increasingly telling it as they to themselves, preferring a response referring ever, police are usually faced with either tell- see it – proactively putting information out to to cases as being before the courts. This makes ing the truth or explaining why the informa- the public. Some in the legal community are interview preparation easy for police spokes- tion cannot be released. apparently not too happy about it. persons, but is it credible? When evidence has been gathered, arrests “There’s a growing interest for the public “Saying it’s before the courts is a smoke- made and there are no further operational se- to know more,” said Norm Boxall, an Ottawa screen,” said CBC journalist Ian curity concerns, information can and often defence lawyer. “That doesn’t make it right. In Hanomansing, speaking to the Canadian Bar should be released. It promotes awareness of fact, it’s very unhelpful to the legal system.” Association. “It’s used as a wall to shut down community policing efforts, ensures accuracy It may be “unhelpful” to defence counsel, further questioning.” of details, addresses rumours and speculation, but a police agency needs to be able to explain Those responsible for the overall adminis- and builds confidence in police resources and its side of the story to the public. Doing so builds tration of justice and in a position to inappro- capabilities. It also puts a police agency in the public confidence, especially in controversial priately influence a case – such as politicians lead, as in many cases the information will be cases, that police are investigating criminal ac- or senior government officials – are probably released after an access-to-information request. tivity in a thorough and professional manner. justified in limiting their comments to saying it’s a matter before the courts. Police agencies, however, are clearly involved in putting together a case – with intent to secure a conviction – and the public wants to know more about their efforts and the challenges they face. “People are extremely cynical about the legal system, often seeing it as soft on crime,” said Hanomansing. “We need more openness in discussing the work of the police and the courts.”

Police perspective versus a finding of guilt If communicated appropriately – either before trial or after conviction or acquittal – police agencies should have the right to explain their actions, clearly differentiating between their perspective and actual court decisions. After the O.J. Simpson trial, the chief of the

Blue Line Magazine 20 AUGUST / SEPTEMBER 2006 Los Angeles Police Department (LAPD) stated cases and the guilt or innocence of accused per- that the acquittal didn’t mean his agency would sons. Judges and jurors determine the outcome be looking for any other suspects in the dou- of court cases and, unless they are drawn from ble-murder case – clearly implying that police remote parts of the world, they too will be ex- were confident they had charged the right man. posed to a variety of media before a trial. The chief respected the finding of the court, Not providing details or perspective not but that didn’t change the LAPD’s belief that only brings an agency’s credibility and com- Simpson committed the crime. By acknowl- petence into question, it also often creates a edging this, he managed public expectations void that is quickly filled by information from regarding any further action on behalf of his other sources. It leaves the public, judges and police agency. potential jurors absorbing information from Closer to home, the military’s director of everyone – defence counsel and others who prosecutions recently dropped a criminal sometimes advocate publicly for the innocence charge laid after an arrest by the Canadian of the accused – except those who actually in- Forces National Investigation Service (CFNIS). vestigated the case. Although acknowledging the right of the pros- With the speed and volume of today’s in- ecutor to do so, the CFNIS stood by the work formation flow, the only fair option is to allow of its investigators and said so to the media. It police, defence and other interested parties to was the truth, didn’t speak to the actual inno- discuss their activities and perspectives. In do- cence or guilt of the accused, and there was no ing so, we rely on the courts to focus on the operational reason to withhold the unit’s posi- evidence and arguments presented at trial, rather tion on the issue. than on the news and other media programs. Lawyers are usually pretty good at split- I agree with Hanomansing, we need more ting hairs, so they should be able to see the openness in discussing the work of the police and difference between the OPS revealing that the the courts. Police spokespersons can and should accused confessed – and then providing its comment on the work done by investigators and perspective on his state of mind – and stating other frontline officers. As long as it is done fairly outright that the accused is guilty. The courts and accurately, leaving the actual finding of in- will rule on the admissibility of a confession nocence or guilt to the courts, it builds public made to neighbours or the police, the accused’s confidence by showing that police can explain intent, and ultimately his guilt or innocence. what they do and why they do it. With the vast reach of today’s media – in- Mark Giles is Blue Line’s correspondent for the National cluding cable TV, satellite radio, the Internet and Capital Region (Canada), public and media relations, and now blogs – there will always be discussion of military-related issues.

Blue Line Magazine 21 AUGUST / SEPTEMBER 2006 Organized crime helping to fund terrorist groups’ activities is becoming a bigger concern for the Mounties, says RCMP Commissioner Giuliano Zaccardelli. “That is a trend we’re watching and monitoring and has the potential to cause us some serious problems,” Zaccardelli, told senators on an anti-terrorism committee. Zaccardelli says he is concerned with the emerging trend that has become increasingly evident. He says terrorist ties to organized crime have been traditionally low-level but that has changed. Zaccardelli told the committee the RCMP has become increasingly vigilant since 9/11. He says terrorism is a “real and present danger” adding it is just a matter of when Canada will encounter its own 9/11.

Cst. Donald Doucet of the Sault Ste. Marie Police Service was killed in the line of duty after being involved in a motor vehicle collision. Doucet, 41, was riding as passenger in a cruiser when it collided with a minivan, and later died in hospital from his injuries. The 12-year veteran of the Sault force was a “dedicated, loyal police officer” who was a mentor to many new recruits, says Chief Bob Davies. Doucet had a zest for life, Davies says, noting he was an outdoors man who enjoyed sports and participating in community events. The woman driving the minivan faces several charges related to the collision including impaired driving causing death and impaired driving causing bodily harm. Doucet is the first Sault Ste. Marie city officer to die in the line of duty. He is survived by his wife Debbie and two daughters, Jocelyne, 19, and Courtney, 16.

Prime Minister Stephen Harper says the federal government will introduce legislation to make street racing a new criminal offence. Harper says those who choose to street race will face stiff penalties, including driving Security budgets for Winter Olympics may have to increase prohibitions for those who are convicted. He says the government also plans to target multiple VANCOUVER — The arrests in Toronto of 17 Solicitor General John Les also said he offenders, with the length of the people with possible links to terrorism do not believed the money would be adequate. driving prohibition increasing with each offence. “There indicate a heightened concern with security at the But Insp. Rob Rothwell, with the Vancouver will be minimum penalties ... those penalties will 2010 Winter Olympics, says the RCMP spokesman police, predicted more money will be needed. involve some kind of prohibition,” Harper says. “As they escalate, they will also likely involve prison terms heading the unit responsible for ensuring the safety “My expectation is that certainly we will as well.” Harper says the new bill is part the of athletes and visitors. require, as we move closer to 2010, additional government’s efforts to crack down on crime. But one law enforcement official said he funding and resourcing in order to properly expects the security budget for the Games - address the threats.” Canada’s auditor general Sheila Fraser says not only was the gun registry program currently smaller than the security budgets of the The arrests in the Toronto area are an hundreds of millions of dollars over last two Winter Olympics - will have to be boosted. indication that Canada’s international reputation budget, but the former liberal Sgt. John Ward, of the Vancouver 2010 is changing, says one observer. government kept quiet regarding its Integrated Security Unit, said there is “no Rothwell said the Vancouver department increasing costs. In her report, Fraser says the former government identifiable threat” to the 2010 Games. recently established its own counter-terrorism unit gave false and incomplete The RCMP, the Vancouver police department to deal with terrorism in conjunction with other information to Parliament about and the Department of National Defence are law enforcement agencies including the RCMP. costs of the gun registry. Fraser among those dealing with security issues at the He said the unit was formed on the belief says the decision to not disclose the program’s true costs is a serious matter because it does not respect 2010 Winter Olympics. that individual members of the public may be the government’s own policies nor the Financial Their budget is $175 million. But in Salt more comfortable speaking with their local Administration Act. Fraser says the eventual costs of Lake City in 2002 - the first Games held after police officers. the gun registry program would have cost taxpayers the Sept. 11, 2001, terrorist bombings in New “The public are the ones that are going to more than $1 billion. York and Washington - $310 million US was generally stumble upon circumstances that they The Canadian Border Services Agency says delays budgeted. In Turin in 2006, the budget was $1.4 may find to be odd or suspicious and within those in getting standard operating procedures in place will billion US. circumstances could simply be the lead that we’re delay Canadian border officers being armed. The Ward defended the budget. “We’re presently looking for that uncovers the terrorist cell or agency says it will be the fall of 2007 before the first officers are armed. Mary Claire Coupal, the Customs working within that budget and it’s not an issue network operating here,” he said. Excise Union president of Windsor, Ont., says she for us at this particular time. We can’t compare “Somewhere in there we’re very likely to expected delays, but is disappointed it will take Torino to Vancouver, we can’t compare Salt Lake uncover the nugget that will be the tip of the another year. Windsor is expected to be one of the City to Vancouver or to Canada.” iceberg and we don’t want to overlook that.” first crossings to arm their border officers.

Blue Line Magazine 22 AUGUST / SEPTEMBER 2006 Blue Line Magazine 23 AUGUST / SEPTEMBER 2006 Putting prison costs into perspective Ontario ends privatized prison experiment by Ryan Siegmund

Citing the interests of prisoners and public safety, the Ontario government has elected to make its only privately run prison publicly operated. Privatization advocates tout cost effectiveness but a lower bottom line doesn’t necessarily mean better outcomes, says Ontario Com- munity Safety Minister Monte Kwinter. The government undertook a five year pilot project comparing nearly identical correctional facilities in Penetanguishene and Kawartha Lakes. The intention was to compare the privately run Central North Correc- tional Centre (CNCC) in Penetanguishene with the publicly run Central East Correctional Cen- tre (CECC) in Kawartha Lakes and determine Central North Correctional Centre (CNCC) in Penetanguishene the pros and cons of each. “It was a first class opportunity to really compare a public run facility and a privately run Touting his strong business background, vided by ministry staff, as well as research and facility with minimal variables,” says Kwinter. Kwinter says he was open to a privately run analysis performed by PWC.” “They had exactly the same footprint (and) ex- prison. “When I became minister, I discovered Obviously disappointed with the govern- actly the same compliment of prisoners, repre- they were delivering services (at) just about ment’s decision, the company says it strongly senting pretty well the same ethnic background.” $100 per prisoner per day and our publicly run believes CNCC has been one of the best run The government hired management con- facility was rendering services at about $150. correctional facilities in all of Canada. It points sulting firm PricewaterhouseCoopers (PWC) When you consider we are talking about 1,200 to a “very successful inmate bricklaying ap- to essentially evaluate the private provider’s prisoners, saving that type of money immedi- prenticeship program” and notes more than 50 contract performance. With information pro- ately attracted me.” inmates graduated with Grade 12 diplomas and vided by the community safety ministry and While costs are certainly a factor, they are 30 became apprenticed stone masons. It also its own research, PWC’s report found Kawartha not the only consideration, he says. points to its round-the-clock, fully functional Lakes performed better. “We have to look at security, recidivism, medical unit which proved useful to other Ca- The government comparison study’s cri- medical care; we have to look at all the aspects nadian correctional facilities which didn’t have teria centred on 10 categories – included se- that go into running a correctional facility. To such services. curity, programming, health care and recidi- me, if they can deliver the service at a better The study did suggest CNCC rated higher vism – and Kawartha Lakes fared better in price with equal or better quality, by all means in the variety and volume of its programs, how- seven of them. The findings prompted the why wouldn’t you go that route?” ever “programming quality” was deemed an government to not renew the contract, signed undeterminable category because of a lack of by Ontario’s previous Conservative govern- Dissecting the decision data to support it. ment, with the private provider when it ex- The decision to make CNCC in “CNCC offered a lot more programs but pires at the end of November. Penetanguishene publicly run has as much to they couldn’t determine whether or not any of The deal was flawed from the onset, says do with providing better services to inmates as these program were being taken up,” Kwinter Kwinter. Although Penetanguishene was in it does protecting the public, Kwinter says. maintains. “So you can say, ‘here are all the “material compliance” with the contract, it had Successfully rehabilitating inmates and re- things that we are offering,’ but we didn’t have “considerably less personnel than what the pub- integrating them safely into communities will the ability to determine a percentage of the pris- licly run facility has,” and that was the main be forever linked, but at what cost? The deci- oners that participated. We did have the data factor in its cost advantage, he says. sion to not renew the contract will hurt Ontario for Kawartha Lakes and their programming “The publicly run facility was faring better taxpayers, says Utah-based Management and was effective and doing what it was supposed than the privately run facility in virtually every Training Corporation Canada (MTCC), which to do.” category,” he says. “Not withstanding, if you ran Penetanguishene. The public-private part- take into account quality of care, quality of health nership would have saved $11 million over the The US debate care, recidivism rates – there are no savings.” next five years, on top of the $23 million saved Some six per cent of US prisons are run by Although the contract called for minimal during the pilot project, the company says. the private sector in a trend that began in the staffing requirements, Kwinter says the di- The study’s methodology was studied and 1980s when the government found itself in rect result would have an impact on the pris- approved by a third party – University of To- great need of additional prisoner bed space, oner’s outcomes. ronto Criminology Prof. Anthony Doob – says Paul Doucette, executive director of the “One of the things that is critical to the re- Kwinter says, but MTCC says it was done in a Association of Private Correctional and Treat- cidivism problem is integration into the com- non-transparent manner. The government de- ment Organizations. munity. The privately run institution had one cided not to renew the contract before the study The need was created when the govern- person responsible for doing that whereas the was complete, it says, and did not share the ment passed a series of very strict substance publicly run one had nine people – and that is full report. MTCC says it was given only an abuse laws, which he says led to overcrowded absolutely critical to dealing with recidivism. “executive summary of an alternate report pre- prisons full of drug dealers and users. Private There were a whole range of issues.” pared by PWC, summarizing information pro- contractors can build prisons more cheaply and

Blue Line Magazine 24 AUGUST / SEPTEMBER 2006 in half the time government can, Doucette says. costs; that attracts less qualified people which, rity technology rather than hire people. I might “The U.S. government is forecasting a need in turn, implicates people’s safety. be able to use on-line learning to provide for for a lot of additional bed space – some people Doucette says he has heard this argument education or substance abuse programs sup- say more than 20 to 30 thousand new beds over made by union groups, but says private prisons port, rather than hire a councillor to physically the next 10 years. Our state system is about must be accountable to their contract or they risk work in the building. 110 per cent overcrowded and our federal sys- being fired and losing their investment. “I don’t have to use government employ- tem is 140 per cent overcrowded.” “If you are building cars and you don’t ees to cook all the meals, I can go out and bid Money matters and cost efficiency make build a good one, people aren’t going to buy on the private market for suppliers. It is kind private prisons an attractive option for state them. If they are really expensive, people of a combination of all of that which allows governance, he argues. aren’t going to buy them.” Private corpora- them to make a profit.” “Essentially what is happening is private tions are in the business to make money, At the end of the day, prisons make money corporations are simply making bed space for Doucette says, adding they profit by provid- because they are able to do what is required of inmates because the state doesn’t have room,” ing a service very efficiently. them by the government for less than what the says Doucette. “States have found that it is Despite the competitive pressure to bid on government pays them for that service, says more expensive for them to do it than it would and win contracts, companies do not cut cor- Doucette. The difference is the profit. be for the private provider.” ners, Doucette says. “So how do I do what Doucette says his association would en- Talk of saving money by privatization is needs to be done for less? I find efficiencies. I courage a comparative review of private and presumptuous until studies prove otherwise, might employ some kind of electronic secu- public sector providers. (Continued) says Byron Price, an assistant professor at Rutgers University in New Jersey, who spe- cializes in privatization, specifically prisons. “There are no studies where you can compare apples to apples – you can only compare apples to oranges. Prisons have a place in our society but private prisons basically create the need to incarcerate in my opinion,” offers Price. “Do we need an entity that benefits from punishment? I think it’s problematic.” Price, who has written a few books on the subject, says some private prison corporations are becoming multi national, offering Australia, South Africa and most recently Israel as ex- amples. The fact stock in some of the companies is traded on the New York Stock Exchange leads Price to believe they are “commodifying human beings. “You have Wall Street involved in this. Wall Street is not concerned about making the public sector run better, they are concerned about maximizing shareholders wealth.” Doucette says some people don’t like the idea of ‘people profiting on somebody’s mis- ery.’ “When somebody says that to me I always say, ‘Aren’t you glad that our doctors, our hospitals and our funeral directors don’t feel the same way?’ The fact of the matter is, somebody has to operate these facilities; somebody has to provide this service. “What we need to worry about is the quality of service that is being provided and its costs – not corporate structure or the governance of how it gets done.” Price says private prisons are profitable because the first thing they do is reduce labour

Ontario hires more probation and parole officers Community Safety and Correctional Services Minister Monte Kwinter says the hiring of 37 new probation and parole officers in Ontario brings the government closer to fulfilling their mandate. With a commitment to hire 100, the 37 new positions will give the province a total of 92 new probation and parole officers since 2003. Twelve of the new officers will be assigned to the justice sector’s Guns and Gangs Task Force, whereas the remaining 25 will provide more intense supervision and programming for offenders in the community. Collectively, Ontario’s probation and parole officers supervise approximately 56,000 adult offenders daily.

Blue Line Magazine 25 AUGUST / SEPTEMBER 2006 Recidivism rate Effective programs are, without question, Mounties honoured for volunteer work critical to the recidivism rate, Kwinter says. Four RCMP members who program. He is also an active participant in pro- “One of our challenges is that we have peo- went “above and beyond the grams with Cops for Cancer, Diabetes Canada ple in our facilities for relatively short periods call” in their commitment to and the Abilities Foundation of Nova Scotia. of time – the average length of stay is at about community development 66 days,” he says. “With federal penitentiaries were recognized for their and the longer sentences, you can put in place Cst David Reece volunteer efforts during programming that will effectively change in- Integrated Proceeds of Crime the annual Mounted Po- Reece has applied his mates’ lives... lice Foundation Presi- many skills, enthusiasm, “It is absolutely critical that in the relatively dent’s Awards. energy and dedication to short period of time that we have them, that The members, one from each region in help build what is de- we try to maximize their abilities – that will Canada, often spearheaded funding requests to scribed as ‘the finest put them in a better position than when they the foundation and received funds for the com- youth organization possi- came in.” Teaching inmates the “satisfaction munity projects in which they are involved. ble.’ Since joining the of working” and ensuring they have “some kind They dedicate much extra effort in their spare Greater Vancouver of transferable skill” is key, Kwinter says. time to ensure that they serve as models of civic branch of the Navy The government study analyzed the re- involvement in their communities. League of Canada in cidivism rate of both prisons using data from 2001 as a volunteer, he rose rapidly to the rank the Offender Tracking Information System. It of commanding officer of the corps in 2004. concluded Penetanguishene’s recidivism rate Cst. Grant Webber His aggressive leadership in the campaign to among the group studied was 10 per cent Community Policing Co-ordinator increase the number of cadets focused on of- higher than Kawartha Lakes (31 per cent to Atlantic H Division A native of Liverpool, fering quality programs for young people with 21 per cent). Nova Scotia, Grant inadequate access to other conventional youth The five-year pilot project was a chance Webber’s list of commu- activities. He nearly doubled membership, cre- to learn, Kwinter says, adding no other gov- nity involvements reads ating one of the largest corps in the country. ernment has compared public and private like a web site for a large He expanded the range and quality of pro- prison operators. organization – not just grams and, with the active participation of the Over crowding one man! RCMP, increased community involvement and Kwinter doesn’t envision the province en- Webber is involved awareness. His networking skills yielded the tering a deal with a private company in the near with everything from volunteering of their expertise on a myriad of future, but allows the country’s ‘get tougher’ crime prevention to topics ranging from boating and Internet safety, stance on crime may change things in the future. teaching the DARE program in four schools, to drill training, deportment and dress. “Certainly the minute you start increasing a seniors safety program and the local Crime Reece’s leadership, innovation, drive and the severity of the penalties – if that does hap- Stoppers board. He sits on school board ad- personal beliefs match the corps goals of pro- pen – you are going to increase the prison popu- visory groups, is involved with a youth vol- moting good citizenship, discipline, teamwork, lation. When you put more police officers on unteer project and is the contact for a youth healthy living and respect for self and others. the street, there are going to be more arrests; advisory group. In conjunction with fellow He is a superlative role model to young people that is going to increase the population. The officers and other police forces, he developed and the community as a whole. federal government has already announced they an Internet awareness program for parents. are going to have to start building new jails to He’s also currently chair of the community Cst. Allen A. Rodgers accommodate the new prisoners that are going health board. Hamilton/Niagara Detachment to be caught up in the new legislation.” In his spare time he loves to sail and race The RCMP is not the Kwinter prefers to see the private sector fi- – and a year ago he sailed across the Atlantic. first organization to rec- nance and build a facility which the government He’s also very involved with the local theatre ognize Rodgers’ com- then rents and runs. “That is a model that I think scene – as an actor, director and administrator. mitment. The Ontario in certain instances makes sense,” he says, not- Wheelchair Sports Asso- ing there are punitive costs regardless. “If we Cpl. M. P. Itwaru ciation presented him put the money out in building bricks and mortar Detachment Commander with the Dr. Robert ourselves, the government will suffer a greater NorthWest V Division Jackson award in 2004 deficit... we have a debt of about a 120 billion Itwaru spent the early for his commitment to dollars and we are paying interest on it... years of his career in gen- enhancing the quality of “All we are saying now is let the private eral investigative duties life of the disabled community. sector build it and we pay the rent, which is in in Nova Scotia’s North His involvement with the Equestrian As- lieu of interest. What it does is free up our abil- Sydney, Reserve Mines sociation for the Disabled started with an in- ity to do things a lot quicker, but we are not and Cape Breton High- vitation to participate in the RCMP Musical giving up the operation of those facilities.” way Patrol before trans- Ride pre-show in 1999. Since that time he has The biggest problem in the correctional sys- ferring to the Cole Har- helped them establish partnerships with a tem at the moment is that Ontario has more peo- bour/Halifax County De- number of businesses and organizations and ple in remand than serving a sentence, Kwinter tachment, where he also volunteered his services as a work party la- says. “We are housing all these people that have took on community policing responsibilities. bourer for property maintenance. He also par- not been convicted of anything – charged but In tandem with his promotion to corporal ticipated in the annual summer camps and not convicted – and the length of time it takes to he transferred to Nunavut in 2004, where he was media/fundraising events as a knowledgeable get them to trial is problematic.” appointed detachment commander for the Re- speaker and worked effortlessly to raise the The delays mean many of the people found pulse Bay Detachment and is actively involved profile of the Association in the Hamilton/ guilty are free to go because their lawyers bar- with the local cadet corps as an instructor. Niagara Region community. gain for time already served – further crippling He volunteers countless hours with com- Rodgers has served as a director of the as- an offenders’ opportunity to rehabilitate. The munity youth and was recognized by the sociation since March 2000 and is also chair overcrowded remand centres have also been Tusarvik School for his caring support and ini- and vice-president, contributing hours of his noted for their violent tendencies, he adds. tiative in obtaining funding for the breakfast time to numerous projects and events.

Blue Line Magazine 26 AUGUST / SEPTEMBER 2006 Blue Line Magazine 27 AUGUST / SEPTEMBER 2006 How to obtain stolen property convictions Little known charge effective and easy to prove by Larry Burden The old adage that there is more than one Fraudulent concealment is about as straight way to skin a cat holds true though – investi- forward a piece of legislation as there can be. It has become very difficult to get a con- gators simply need to look at other options in Taking, obtaining or concealing anything so viction for Possession of Property Obtained by the Criminal Code, such as ‘fraudulent con- that one can conceal its identity is easy to prove Crime (PSP) since the Supreme Court of cealment.’ The charge is seldom used – few when there is a paper trail. For example, crimi- Canada struck down the reverse onus status on people have even heard of it – but it has the nals regularly re-register stolen trailers as a ‘U- possession of stolen property. potential to convince many to plead guilty to a built’ after removing the trailers VIN. In Brit- Unless an investigator does a considerable lesser charge because it is a straight indictable ish Columbia it’s as easy as completing an ap- amount of leg work to build a case of willful offence and brilliantly simple to prove. plication in which they declare taxes were paid blindness, or obtains a confession in a warned Found in ‘Part IX – Offences against rights on the materials used to build it. statement, it’s unlikely criminal charges will of property,’ Section 341CC states “Every one, Signing that public document means they be pursued. Consequently too many thieves and who for a fraudulent purpose, takes, obtains, commit a variety of criminal offences, includ- purchasers of property obtained by crime are removes or conceals anything is guilty of an ing Forgery, Uttering a Forged Document and getting off scot free. The heady days of the indictable offence and liable to imprisonment Fraud. Having completed the application, the accused having to prove they didn’t know the for a term not exceeding two years.” registrar acts upon that information and issues property was stolen are long gone, but that When it comes to stolen property, the thief a new registration for the trailer and assigns a doesn’t mean convictions for PSP can no longer or purchaser will often do something to con- new licence plate. The trailers true identity be obtained. ceal the true identity of an item so it can’t be has been concealed by the fraudulent actions The erosion of the reverse onus factor has easily identified or proven to be someone else’s of the accused but few investigators would meant a steady increase in stolen property property. Vehicle and boat hull identification consider the paper trail a part of proving a crimes. Too many investigators and agencies numbers are altered, removed or replaced and case of PSP. have taken the attitude that it is an insurance vehicles and vessels re-registered or renamed After speaking to a lawyer the suspect is problem and have not bothered to build solid solely to conceal the true identity of the item, unlikely to admit anything to the police but by cases that result in criminal convictions. Part for example. Instead of trying to prove willful following the legal paper trail, the facts speak of the problem rests in the fact that too many blindness to support a PSP charge, investiga- for themselves. All that needs to be proven is investigators (and prosecutors) regard property tors should use the paper trail provided by the that the accused possessed the stolen property crimes as being insignificant in the grand state to illustrate how the accused changed the and licensed it in their name. The facts that are scheme of criminal activities and, frankly, have identity of a stolen object by obtaining a new supported by the registration application and done little to address the problem. licence or registration in their name. supporting documents can easily prove the fraudulent concealment. Faced with a straight indictable offence that is simple to prove – along with a variety of other criminals charges such as fraud, uttering and possession – most accused would be inclined to plead to the lesser charge of possession then go to trial on a straight indictable offence. The ramifications of utilizing Section 341 along with other charges are obvious; more accused will plead guilty to the lesser offence. Armed with evidence of a criminal conviction, the rightful owners of the property, i.e. insurance companies, may be more inclined to sue civilly for damages and consequently obtain successful judgments and compensation. Property crime in Canada is out of control because of a combination of weak laws and a lack of action by law enforcement, resulting in a growing demand for stolen property. Stolen goods do not evaporate into thin air; they are purchased by willfully blind customers who have little to fear from being caught or pros- ecuted. By using the fraudulent concealment section in addition to better known charges, investigators can turn the tide on this illicit trade. The increased likelihood of getting a criminal record and losing ones money along with the stolen goods will deter many people from purchasing them in the first place and go a long way towards countering property crime.

Larry Burden is recognized as one of the leading authorities in Canada on recreational property crime. He has received four national and international awards and has lectured internationally to both law enforcement and private industry.

Blue Line Magazine 28 AUGUST / SEPTEMBER 2006 I personally want to thank I urge her to stand in front of an iron grill at a broccoli or when the skirt gets a bit higher you and your staff for the maximum security institution during a riot. throughout high school but that is about it. write up in the June/July What is to stop it from escalating? Not the threat It is clear to just about everyone in the law 2006 Blue Line of the two of a mandatory counselling session, but the enforcement and corrections community, pun- Military Police that lost sheer threat of the pain and discomfort that will ishment not only works but removes the of- their lives in Afghanistan follow if it does escalate. fender from the public, which was initially the while in action on April 22. I’d like Dr. Cotton to witness a guns drawn whole point of incarceration. Little is known by other episode, each side escalating with an all too An indicator that application peer pressure agencies of the sacrifice, familiar outcome. When a bad guy in this situ- is tenuous at best in regards to criminal behav- dedication and self determination that it takes ation drops his or her weapon it is BECAUSE iour is ultimately voiced and confirmed by Dr. to be part of the CPP. These Military members there is no penalty from the courts and the al- Cotton when she mentions in response to get- are hero’s and gave unselfishly to a job not ternative is... pain, discomfort and death. With ting people to ‘see’ the wrong in their ways many understand, I was at Cpl Dinnings me- the court system there is only a few happy coun- and chose to not ‘do it anymore’, she concluded morial and their sacrifice affected all of us, even selling sessions during a short incarceration. with “We hope.” if we did not have the pleasure of knowing or Forget about peer pressure. Sure it works working with them. Thank you for writing the at home when getting one of the kids to eat Peter Faulhaber article, from my understanding these two great men won’t be recognized at the National Po- lice memorial in September because they were not acting in a police capacity, however, I know that like myself we are military members but also we are part of the policing community and it is appreciated to be recognized with our brethrens. Thank you again. Cpl Darrell Coughlin 22 Wing MP Flt North Bay Patrols *** About two months ago I had read your article about the Gulf Coast Police needing assistance. You had put me in contact with several FCPO members, as I was expressing an interest in going down to help out. I just returned from spending a week down in Missis- sippi and it was an incredible experience. Your article inspired me to go down and I thank you! Constable Aaron Groskopf 33 Division Toronto Police Service *** This letter is regarding the column entitled “Peer pressure can trump penalties” by Dorothy Cotton, Blue Line, March 2006. I would like to add my comments. Haven’t we heard enough from the bleed- ing heart liberals? Criminal defence lawyers and the leftist sixties survivors have given our generation the judicial paradigm shift from punishment to rehabilitation. No longer can we seek to have a convicted criminal punished and removed from society, we see great efforts to rehabilitize the offender, often as part of their plea bargain. In her column Dr. Cotton explains the ba- nal futility of penalties, harsh or otherwise, and rather stresses a good injection of morality and ethics, supported by peer pressure. I wonder if Dr. Cotton has been out and about lately. I urge her to take a quick toll of the soaring recidivism evident in our courts and jails. Why did they re-offend? It couldn’t have been the short sentences, or maybe the mandatory ‘meetings,’ ‘courses’ or morality- infused community time they were forced to perfom. We’ve had over 30 years of low to non-existant jail terms and yards of rehab ini- tiatives that has led to what? The same people (and some new ones) doing the same things over and over again. After many years as a “correctional officer” and a police officer, I put it to Dr. Cotton, and

Blue Line Magazine 29 AUGUST / SEPTEMBER 2006 by Elvin Klassen

It didn’t take Surrey RCMP Cst. Marc Searle long to notice the large grass gaps between grave markers and the small, worn cenotaph covered in years of moss. It was a rainy, muddy day in the early spring of 2005 and Searle was walking through the oldest part of British Columbia’s Sunnyside Lawn Cemetery Field of Honour in South Surrey. His research revealed that many veterans lay without tombstones to mark their service to Canada. After defending our freedoms and Jubilee Medal in 1935 and finished his polic- fighting for their country, they returned home forts because they were not Canadian Military ing career in Cloverdale, BC, where he retired only to be forgotten in death, their stories un- veterans. Searle determined from the beginning in Sept., 1939. Searle felt he owed the people told and plots unmarked for as long as 50 years. that “no man would be left behind” and all 36 in the graves some respect, since the RCMP is Moved by what he saw and learned, Searle unmarked graves were included in the project. a paramilitary organization and his grandfather began an investigation, on his own time, that Searle discovered that Sgt. Frank Buscall and father both served in the armed forces. The would affect thousands of people and garner Pearson, #6298, served as an officer with the veterans had chosen to make Surrey their home attention from across Canada. With help from Royal North West Mounted Police and the and Searle began spreading the idea that the the city’s cemetery services department and the RCMP. He died on Jan. 21, 1965 when he was community should honour their service by public library’s genealogy department, he dug 76 and was buried in an unmarked grave – a marking their final resting place. through city archives and discovered that 36 grave which now has a marker, thanks to Op- He approached the St. John Ambulance veterans lay in unmarked graves at Sunnyside. eration Remembrance. Surrey Cadet Corps for help in marking the grave All had died since 1954, their graves unmarked Pearson started his police career in Sept., of one local veteran and Operation Remem- for a variety of reasons. 1914, according to back issues of the RCMP brance was born. The aim was to not just mark Eighteen were Canadian citizens who had Quarterly, and served in towns such as graves but be a catalyst to bring the community served with allied nations during the First Battleford, Lloydminster, Prince Albert and together. Armed with information from his re- World War and then emigrated to Canada, all Swift Current. He was a member of the Cana- search and a passion to honour the forgotten living here for decades before their death. They dian Expeditionary Force during the First servicemen, Searle made over 100 presentations, had been overlooked by past identification ef- World War, received the King George V Silver on his own time, to public groups, schools, serv-

Blue Line Magazine 30 AUGUST / SEPTEMBER 2006 ice clubs, businesses into the community, an and elected officials. early example of Cana- The response was da’s peacekeeping ac- overwhelming. Hun- complishments. The dreds of residents, vet- North West Mounted erans, community Police earned the ‘Royal’ service groups, the title as a result of their Royal Canadian Le- service during that war, gion, Veteran’s Affairs and kept the iconic Stet- Canada, the 39th Bri- son hats and Strathcona gade Group of the Ca- boots used there; the nadian Armed Forces, RCMP was born in 1903. countless school chil- McMillan eventually dren, several local settled in Surrey, became businesses, the Canada a fisherman and died at Border Services age 87. Agency and the South For some veterans, Asian community be- Operation Remem- came involved in the brance and youth par- project. ticipation in the event “It was an incred- helped heal old wounds. ible opportunity in a “The fact McMillan small way to bring came back as a war hero honour back to fallen and died unknown is soldiers,” says Searle. unconscionable,” com- “They’re the back- mented Ken Diamond, bone of our commu- west region vice-presi- nity. It’s a humbling experience.” The history formation,” recalls Searle. dent of the Royal Canadian Army Service of the 36 dead has enabled him to become what “The errors alone very nearly prevented his Corp, as he watched Searle turn soil at he is today, he adds. life story from ever being rediscovered. It was Sunnyside to prepare for the ceremony. Searle was able to raise $25,000 cash; do- hard to find anything about him – so it took a “This event is wonderful. It bridges the gen- nated materials and services pushed that total Mountie to start this project and to find a per- eration gap. Now a lot of the kids are more aware to more than $35,000. That was enough to en- son who helped forge the international reputa- of veterans than their parents were 20 years ago.” large and restore the Sunnyside cenotaph, pay tion of Canada and the RCMP that we are so Sgt. Huff Mullick, who played a big role in get- for 36 headstones and a new garden for the proud of today.” ting South Asians involved, is in his 22nd year Field of Honour. McMillan stayed in South Africa after the with Canadian Forces and has never seen any- “Our role was to provide awareness to our Boer War and helped integrate the Boers back thing like Operation Remembrance. community and raise $4,000 in ten days,” says Satbir Cheema of the South Asian Progressive Intercultural Community. “When we saw that these veterans had given so much for our country, we wanted to help.” It was a different era then, especially after the First World War, he says. “You serve, you’re done, you’re saluted and you’re sent on your way. You maybe get a service medal and then just go back to society. Then you pass away with no estate, family or friends. The munici- pality was gracious enough to provide a place in a Field of Honour at minimal cost. From that point the grave is left unmarked.” Searle shakes his head. “I don’t know how many unmarked graves across Canada there are, but there is really no one to blame.” It’s estimated there are 3,000 veterans in unmarked graves in BC alone. A discovery Searle made during his search of the archives gave his mission new meaning – a White Rock man, buried without a name, turned out to be a soldier linked to the very origins of what we now know as the RCMP. James Irving McMillan was a Canadian soldier who served in the Boer War and fought at the Battle of the Somme in the First World War. His heroic actions April 9, 1917 at the Battle of Vimy Ridge were recognized with the Mili- tary Medal for Gallantry; the bloody battle in many ways defined Canada as a nation. In death he was known only as “fisherman” and, despite his long service for Canada, had lain unrecognized in an unmarked Surrey grave since 1965. “I was drawn to his file as his death certificate had numerous errors and little in-

Blue Line Magazine 31 AUGUST / SEPTEMBER 2006 “Just having the community involved in all be forgotten.” aspects is outstanding,” Mullick said. “A lot of Campagnolo singled out the constable and these veterans are quickly leaving us so it is his volunteers for special recognition. “Today important to recognize this. When Canadian we salute Searle and we salute all those who vets arrive in Normandy, they are treated like have added so much to create this remarkable pop stars, so when I see this event happen here remembrance,” she said. in South Surrey, it really warms my heart.” Veterans and students from a nearby el- The project wouldn’t have been possible ementary school placed small flags next to the without the groundswell of community support, freshly laid grave markers as Canadian Forces he noted, adding “this makes me proud to wear Sgt. Huf Mullick read out their names, one by my uniform.” one. It was an experience not lost on 12-year- Operation Remembrance helps bring vet- old Jake Newman, born 15 years after the last erans, active soldiers and civilians closer, says of the 36 was laid to rest. Ron Rowdon of the Last Post Fund. “It brings “It’s pretty exciting,” Newman said. “We’re information to youth and communities where remembering those who served our country. We most people don’t know how many unmarked didn’t really give them respect when they died graves there are.” because we didn’t mark their graves.” Four public events were held at the It was a great honour to participate in the “By engaging as many people as possible, Sunnyside Cemetery after more than a year of event, said Mrs. Alice Whiting, a daughter of our community can demonstrate its commitment research and planning. Pearson. “Our Dad was a great gardener and to remember those who served,” said Searle – New markers were placed and older ones was the first to have an electric greenhouse. I but for him, the graves are just the beginning. restored in April – the first time in Canadian wish he could be aware of what is happening “Marking graves is the catalyst. It’s about history that unmarked graves were marked with today. We are very pleased. He was a person community connection. It’s the service of these the full participation of teams of youth, veter- who liked people so he got on very well with men that created the job that I have,” Searle ans, military and emergency services personnel. the population. Father preferred to be out serv- said. “It comes full circle. We raised $25,000 The bagpipes droned in the distance and ing people rather than be in an office. The ef- to improve the cemetery and mark the graves, the rain gently fell during an official ceremony fort to mark his service is very wonderful. The but that’s not the important part; it’s that the honouring the veterans and organizers of Op- way it’s been done has been very nice. My community got together to do it.” eration Remembrance; Surrey Mayor Diane mother would be pleased, too.” The markers bear the names of the dead Watt and Surrey RCMP Chief Superintendent The unmarked graves gave the impression veterans and the inscription ‘Lest we forget.’ Fraser MacRae were among the participants. the veterans were forgotten but Whiting said that “November 11 is an incredibly important A community day was held the next week, wasn’t the case with her father. He received a day, yet all too often a passive experience,” when volunteers planted flowers in the new full ceremonial funeral and his grave wasn’t Searle said. “This is one of very few opportu- garden around the cenotaph. The surroundings marked because her mother felt his soul wasn’t nities to do active remembrance. It’s an abso- are now complete with new paving and gran- there – it was in heaven and there are no mark- lute good. Together, we as a province can take ite benches, all adding to the poignancy of this ers in heaven. The family kept that in mind when on these markers one at a time.” Field of Honour. his wife Isabel died in 1981 and was laid to rest The project has galvanized the commu- Other events included a special day for the with her husband. Searle said he tracked down nity, said Watts. “Operation Remembrance family of Pearson, who gathered at the the family after realizing Pearson had also been gave our youth, our business community, our gravesite to hold a short memoria which was a Mountie, and asked them for the privilege of city staff, our citizens and our neighbours an organized by members of the RCMP Veterans honouring the sergeant with a marker that also opportunity to remember together,” she said. Association. Searle found 18 relatives – rang- signified his 20 years of policing. “We all stand a little taller and a little prouder ing from Pearson’s daughter, Alice Whiting, A formal dedication was held at the Field for that experience.” to his great-great-grandson, three month old of Honour later in May which included Watts There’s already been many offshoots from Austin Drinkwalter – through an Internet and the honourable Iona Campagnolo, BC the project, notes Searle, including further con- search. They paid tribute to him as his grave Lieutenant Governor. tact with youth groups “hungering for a simi- was finally marked, 41 years after his death in “In a difficult and complicated world we lar experience in serving the community. It has White Rock. Most had never had the opportu- will always need people like the 36 people we all been very emotional for me and one of the nity to visit the grave site. honour here today,” Campagnolo told the most remarkable experiences of my career.” “We appreciate all the work that has been crowd of dignitaries, officers and residents. done to make this possible,” said Mrs. “We will not forget them and the markers we Elvin Klassen, Blue Line’s west coast correspondent, can Catherine Fryer, a granddaughter. put in place today will ensure they will never be reached at [email protected]

Blue Line Magazine 32 AUGUST / SEPTEMBER 2006 Blue Line Magazine 33 AUGUST / SEPTEMBER 2006 Mobile Crisis Intervention Team by Kevin Masterman

“It’s Simon. I’m going to jump.” It’s the phone call Mobile Crisis Inter- vention Team (MCIT) officer Cst. Jimmy Braund dreaded. After the line went si- lent, Braund immediately set out on the road with RN Eric MacMullin in search of the man they had taken to hospital three times that week for severe depression. He had given the number to Simon, hoping he’d call him for help, but his crisis had reached a boiling point. Soon after setting out, Braund spotted a puff of smoke. It was the first signal that Simon had followed through on his plan. He had caught the smoke out of the corner of his eye and followed it to the Dowling Ave. bridge, where Simon was straddling a girder above the railway tracks after lighting his shirt on fire. “I blasted him with a fire extinguisher,” says Braund. “I put him out and then tried to talk some sense to him and thankfully we had built up a rapport from the last week and he took it to heart.” out radio calls building up on the screens of be admitted. The team has a better ability to Two other officers arrived to help get their Mobile Work Stations (MWS). navigate the hospitals because of their constant Simon off the bridge, allowing Braund to hand- 14 Division Cst. Linda Falasca, the sec- day-to-day relationship. cuff himself to the bridge to help guide Simon ond officer attached to the unit, says people MacMullin says that, for every hour the in. They took him to St. Joseph’s Hospital, often reach out to emergency services in times team is on the road, it saves primary response where staff placed him into a detox program. of desperation or depression. officers three hours. The Mobile Crisis Intervention Team Many people the team deals with don’t have St. Joseph’s medical director of mental (MCIT) has rolled out to 11 and 14 Divisions, much money or knowledge of how to get help health emergency care, Dr. David Gotlieb, says a second incarnation of the popular 51/52 Di- and end up at hospitals. Others simply need the team is valuable to an area with one of the vision response team that deals with emotion- someone to talk too and reach out to 9-1-1, rather highest densities of patients with chronic se- ally disturbed people (EDPs). A mental health than other supports, with suicidal thoughts . vere mental health illness in the country. nurse rides along with an officer for on-the-fly On the street, MacMullin approaches a situ- Gotlieb says that any way of making the medical expertise, responding to radio calls ation, first judging whether the person is a risk process of being apprehended by the police and where there are suspected mental health issues. to officers and, secondly, to themselves. He as- brought to hospital easier on patients is welcome. Thefts, disturbances or suicidal acts are sesses how they are “presenting” (what signs “It’s a kinder and more humane experi- all part of a day’s work, and it is busy in To- of mental illness they may be showing) – sui- ence,” says Gotlieb, noting that officers do not ronto’s west end, even more so than the down- cidal thoughts, delusions – are they have training or experience dealing with the town core. developmentally delayed, suffering from a mentally ill – though many do well at it all the “There is a higher acuity, we see increased brain injury or actually mentally ill. same. “Our team works with much more in- numbers and increased severity in terms of From there, he establishes if they are tak- formation and background.” mental health presentation,” says RN Eric ing pills, seeing a psychiatrist and if they have He says the team also has more knowledge MacMullin, who has worked with MCIT in a mental health history. of how to present a patient to the hospital and the east end. There have been more agitated “We’re trying to alleviate the overflow” of knows what information from the field should clients and a greater incidence of alcohol and dealing with people on the spot to decide be made available to doctors, whether it is fam- drug abuse, he says. “You often see drugs… whether they are a threat to themselves or oth- ily contact information or how the person was mental health problems often lead to drugs,” ers or need hospitalization, says Falasca. living at the time of apprehension. says MacMullin. “We’re not going to bring people here if they “To have a team doing this on a regular He says there are many more street peo- don’t need to be here.” basis and have colleagues police can call for ple to deal with that have no supports, unlike As a primary response officer, Falasca says, advice is beneficial,” Gotlieb says. in 51 and 52 Division where there are many more often than not, the only recourse is to take He says that the team advocates on behalf social agencies. people to hospital and wait for doctors to as- of patients and seeks help for those who have “It’s always very interesting, a different sess them. Without an RN to make a judge- never been assessed by mental health profes- story everyday,” says Braund, who was drawn ment, officers are left with little or no option. sionals in the past. to the work because he felt comfortable deal- “It’s helped us appreciate the emergency “It’s always about bringing them to the hos- ing with EDP calls. He figures he’s an easy room nurses and doctors and helped them ap- pital. It’s about making the connection with person to talk to as well. “Most people are very preciate what we do,” she says. them, identifying the need and trying to brain- fun to deal with – a friendly lot.” MCIT has saved hundreds of hours for pri- storm with the rest of the team, which is hos- He says patience is the key and the MCIT mary response units, who are often tied up at pital-based, about what to do next,” says gives officers a chance to take the time, with- hospitals waiting for those in their custody to Gotlieb of referring patients to other commu-

Blue Line Magazine 34 AUGUST / SEPTEMBER 2006 Blue Line Magazine 35 AUGUST / SEPTEMBER 2006 nity agencies. to the area. but he wanted a high,” MacMullin says. The Falasca says they can introduce people to Spotting a man in a brown tweedy jacket clerk got back the stolen cigarettes and doesn’t other supports, like they did Simon. and black toque matching the description, they want to press charges so they release him. “We’re providing an outlet for them to get pull to the side of King St. His heavy breaths When an issue arises about an aggressive better treatment,” Falasca says. “We can take are visible in the cold February air and he patient, the team also liaises closely with St. it further and it’s nice to see an outcome where quickly admits to the theft. Falasca and Joe’s, whether it’s doctors, nurses or hospital we can get people help.” Braund, who prefers a T-shirt to a parka de- security. They will try to let the hospital know Braund says Falasca, says, repeat custom- spite the bitter cold, detain him and, after talk- ahead of time when they have a patient who is ers often gain a comfort level with them that ing with the man, they not only learn he was perhaps agitated or aggressive so staff can be allows them to take a step in the direction of stealing for marijuana money but also about better prepared. help. “We take it one step at a time and try to his mental illness. “If you have a history, a rapport with that help where we can.” MacMullin talks to him about his medi- patient, you can help get them out of the car On a Thursday afternoon, they are pa- cation and his psychiatrist and quickly under- more easily,” says hospital protection services trolling the streets of Parkdale, where the ma- stands that, although this man has mental worker Darren Crockett of their role defusing jority of their work is found. Hearing a radio health issues, he made the decision to steal potentially confrontational situations. call about a man who stole smokes from a quite lucidly. “We treat them as another part of the team,” Queen St. convenience store, they drift over “He knew what he was doing was wrong MacMullin says, of security staff. Later on in the afternoon, Braund and MacMullin set about finding what has become a familiar face to the team. Janice, a 63-year-old paranoid schizo- phrenic, is not fond of travelling to hospital to receive her monthly medication by injection. Her doctor has filled out a Form 1, making it mandatory she attend hospital for the shot, and the team takes on the task. They know Janice will give them an earful but is otherwise harmless. “Get out of here you filthy pigs,” she calls out to them from her bathroom, after a manager at her senior’s residence lets them into her apartment. “I’m not going – it’s not my hospital anymore.” Braund and MacMullin patiently fulfill the routine that Janice sets out for herself when leaving, hiding her artwork, packing a bag — all while hurling abuse at them. Janice finally gets her coat on and cusses out everyone on the walk to the car, with Braund trailing behind her dutifully with the luggage she insists on taking for their monthly trips. The residence worker says Janice is just fine on her medication but degrades quickly without it. When they get to the car, the string of ex- pletives and paranoid delusions is delivered without abatement until Braund and MacMullin convince her to sing, knowing it will calm her down. “We understand what’s going on, that she will eventually come to the hospital,” Braund says, of the value of the team and their history with patients. At Toronto Western (another hospital to which the team will bring patients), the triage nurse gets them into the crisis centre quickly, where Braund and MacMullin extend their good- byes to Janice. After all the abuse, Janice sits with arms crossed sternly but says goodbye; the stale- mate is reached without confrontation. Gotlieb says the familiarity the team has with patients is a great asset. “A lot of the treatment in mental health ends up being about relationships. The relationship is the foundation on which other things are helpful,” says the doctor. “What this provides is not just the mental health expertise but a sense of a continuing relationship with the team. Even if the team is not there, they know the team is an important link.”

This article was reprinted from The Badge, the official newspaper of the Toronto Police Service.

Blue Line Magazine 36 AUGUST / SEPTEMBER 2006 A hands-on approach to communication Police in Cape Breton, Nova Scotia are using xwave’s OnPatrol to get MDT and CAD capabilities in a wireless pocket-sized device.

On May 18, 2006, the Cape Breton Re- ogy often brings with it the challenges of gional Police Service (CBRPS) became user-adoption, today’s increasingly tech- the first in Canada to adopt technology that savvy police officers are becoming more may soon be in use by law enforcement receptive to tools that will put them on the agencies across Canada. The solution is same playing field as the increasingly tech- called OnPatrol™, and it is changing the nically sophisticated criminals they are try- way officers in Cape Breton communicate ing to apprehend. One of the advantages and operate. OnPatrol consists of special of OnPatrol, for instance, is the fact that it software loaded onto a BlackBerry Wire- eliminates the problem of outsiders inter- less Handheld™. Officers can query the cepting voice communication. Canadian Police Information Centre “This implementation has created (CPIC) database (OnPatrol is the only so- quite a buzz among our officers,” says lution of its kind able to do so); they can CBRPS Chief Edgar MacLeod. “They are query vehicle registration; and they can clearly pleased to have a tool like this to communicate with other officers carrying help them catch criminals. Satisfied em- the device. They also have the features and ployees are generally more productive functionality enjoyed by BlackBerry us- employees—with OnPatrol they’re also ers: wireless email access; a calendar; web safer and better informed.” access; paging; a personal information They certainly have their hands full. manager; and cell-phone capabilities. In addition to its challenging topography, In essence, officers have the commu- for example, Cape Breton is a duty-free nication support of a desktop or cruiser area’s well-known natural wonders—but access point for many goods coming into laptop in a small, portable device they can its rugged and diverse terrain can add to North America. It remains a popular tour- carry anywhere. They can be on foot, on the list of challenges that arise in day-to- ist destination; most recently with the port bikes, on a remote highway or in a day police operations. OnPatrol helps ad- of Sydney reaping the benefits of a grow- crowded shopping mall. Regardless of dress those challenges, making front-line ing cruise industry. In addition, factors where they are, they are connected, with officers more efficient, in part by making such as offshore oil and gas reserves in crucial information at their fingertips. them more self-sufficient: By improving the Laurentian Basin offer a promise of Moreover, they’re assured that the infor- access to information, OnPatrol helps get further growth in the region. mation they exchange will remain in the more officers out from behind their desks From an economic perspective this is right hands: Features such as user pass- and out of their cruisers and into their com- good news. From a police standpoint, it words, application-lockout, and remote munities where they can be more visible puts additional pressure on the CBRPS, deactivation ensure only authorized users and responsive. making it more challenging for officers to access the device, and state-of-the-art data OnPatrol is the culmination of xwave’s meet demands for continued high levels encryption protects sensitive information more than 15 years of technology develop- of service. from being intercepted. ment in justice and public safety. Related OnPatrol helps them do exactly that. The operational advantages of such a solutions include the Remote Office and As a wireless communication solution, it solution quickly become evident, as Dispatch System (ROADS), which uses offers the same benefits that wireless tech- CBRPS Chief Edgar MacLeod points out: laptop-based software to connect officers nology offers workers in other sectors: “As police officers, we face increasing de- with CAD dispatchers and enable the same knowledge, responsiveness, productivity. mands for our services and, at the same database access (CPIC and motor vehicle And as today’s police officers are required time, a limited fiscal capacity that requires queries) provided by OnPatrol. ROADS has to be better informed, more responsive and us to use our resources ever more effi- been in use at RCMP detachments across more productive, it’s likely that Cape ciently and effectively. This technology Canada and is currently installed in 2,000 Breton’s officers are the first of many in will have a significant impact on our abil- police cruisers across Canada. xwave’s Canada who will come to rely on solutions ity to respond to calls and investigate highly-refined CAD solutions have earned such as OnPatrol and integrate them into crime.” a solid reputation among police and fire their daily operations. The CBRPS supports a population of services, and its xwaveMap, which incor- approximately 150,000 people spread out porates dynamic Global Positioning Sys- over an area 175 kilometres long and 140 tem/Automatic Vehicle Location function- kilometres wide. It is a region renowned ality, has been referred to as one of the best for its breathtaking beauty—the Cabot in the industry. Trail, for instance, being just one of the While the integration of new technol-

Blue Line Magazine 37 AUGUST / SEPTEMBER 2006 Finding fact instead of fault by Elvin Klassen

British Columbia coroner Karen Collins’ work takes her “on to cliffs, into water, to the middle of freeways, on to balconies, into multi- million dollar homes and to the most awful places you can imagine.” Working for the BC Coroners Service offers the opportunity “to work with people and to help families that have experienced a recent loss,” says Collins. “I enjoy investigations; each of the 40 to 50 cases per week is different. It takes me from suicides, traffic accidents and drownings to the body of an infant that just died in a crib.” Collins began her law enforcement career with the New Westminster Police Department in 1997 after graduating with a degree in ar- chaeology from Simon Fraser University. She became a coroner in 2004 and has studied part time at the BC Institute of Technology for a Bachelor of Technology degree in forensic science, which she was to receive this summer. Recently transferred to the Unidentified Human Remains Section, Collins says her eight years of experience as a police officer was a stepping-stone into her new vocation. The coroners service prefers applicants that have legal, medical and/or investigative experience and a post-secondary education. something police officers might envy. promoting healthy lifestyles and good decision- Other qualities it looks for include dedica- There are some 25 full-time and approxi- making, and helps victim services groups un- tion, concern about community safety, the abil- mately 120 community coroners working derstand a coroner’s role. ity to work with grieving families in a sensi- throughout BC. Community coroners work Grieving and burial traditions vary between tive, supportive manner, leadership and the on an as-needed basis and are on call 24 cultures, Collins notes. Some express their grief ability to co-ordinate scenes and communicate hours a day. through wailing, wanting to be present while effectively with the public, police, medical Collins works in the Fraser Region of the she does her work or insist on a funeral service personnel and other agencies. Lower Mainland and is one of five full time the next day. She attempts to interact with the BC coroners have quasi-judicial powers and four community coroners responsible for families and accommodate their needs when and can enter and search a premise without the area from Burnaby to Boston Bar. An addi- possible. Some requests cannot be honoured; a warrant. tional five full-time and four community coro- she has been asked to include a tape recorder “Investigations run parallel,” notes Collins. ners work in the Metro Vancouver region. with a body and dress a deceased in a suit prior “When we end up at a death scene we both Collins is also involved in a variety of edu- to removing them from their home. have questions to answer but the mandate is cational programs, which she says are key to “I love this job because I come to people very different. The police are fault finding helping people understand a coroner’s role. She at the most vulnerable time of their lives,” she while coroners are fact finding. Coroners never instructs police recruits about the service, says. “Someone close to them has died. This is lay blame, even in a homicide situation.” emphasizing the utmost importance of offic- a hard and emotional time for them. They are Collins misses the camaraderie she expe- ers at a scene not moving a body; its position looking to me to tell them what happened. That rienced as a police officer but notes she now can often help establish cause and manner of is why I do this job. I enjoy investigations but frequently receives appreciation for her work, death. She also speaks to high school students, if I can help the family member find closure or make recommendations that can prevent a death – that is job satisfaction.” Anyone may report a death to the coroner, although notification generally comes from police agencies, hospitals or physicians. The BC service is responsible for investigating all un- natural, sudden and unexpected, unexplained or unattended deaths. It is committed to thoroughly and independently examining all factors contributing to a death in order to improve community safety and quality of life. It also makes recommendations to improve public safety and prevent other deaths in similar circumstances. The coroner is responsible for determining the identity of a deceased person and how, when, where and by what means they died. The death is then classified as natural, accidental, suicide, homicide or undetermined.

Blue Line Magazine 38 AUGUST / SEPTEMBER 2006 The coroner uses tion on a death and/ an investigative trian- or to satisfy resi- gle to determine the dents that a death cause of death, begin- had not been over- ning by examining the looked, concealed or deceased from head to ignored. An inquest toe. Next he/she ex- is mandatory when a amines the scene, death occurs in po- which can include lice custody but the looking for a suicide decision otherwise note, checking pre- lies with the investi- scriptions and the gating coroner. amount of medication During an in- left and checking the quest a five-person refrigerator for food jury hears evidence expiry dates to help from witnesses un- establish the date of der subpoena to de- death. The coroner termine the facts of also needs to learn the the death. The pre- medical history of the siding coroner is re- deceased and will call sponsible to ensure their personal physi- the jury maintains cian. If the cause of death is still not evident, the goal of finding facts, not fault. The jury an autopsy may be ordered. can make recommendations in connection with The coroner has the authority to collect in- the death, including suggestions on how simi- formation, conduct interviews, inspect and seize lar deaths could be prevented. These are in- documents, secure the scene of death, take pos- cluded in a public document, the Verdict at session of the human remains and authorize their Coroner’s Inquest. removal. Relying on training and experience, The family of the deceased is not required the coroner decides if the findings required by to attend the inquest unless under subpoena but law can be determined without a post mortem may apply for standing or to be represented by examination. If such a procedure is deemed nec- legal counsel or agent. essary, a qualified pathologist performs a forensic autopsy, which includes collecting specimens Elvin Klassen, Blue Line’s west coast correspondent, can for toxicological analysis. be reached at [email protected] If preliminary investigation reveals the death is a natural event, the deceased’s doctor is consulted to clarify if the nature of death is consistent with the individual’s known medical history. If no areas of concern are noted, the responsibility for certifying the death is often left to the personal physician. Allega- tions of delay in treatment, misdiagnosis, in- appropriate care or other areas of concern in a natural death may lead to a coroner’s investigation. Information from the deceased’s family members is often an important component in this. Once necessary post mortem investigations are completed (normally within 48 hours), the coroner will release his/her interest in the deceased’s remains, allowing funeral arrangements to proceed. The coroner then completes a Judgement of Inquiry, which an- swers the five questions. Coroners hold daily briefings to discuss investigations with colleagues, including the regional coroner, who eventually receives all reports and ensures that all areas of an investigation are complete. The judgement is available by request from the Chief Coroner’s office and is a public document. It incorporates information from all agencies involved in the death, including police, ambulance and hospitals, and also contains the autopsy findings and any recommendations arising from the inquiry. Occasionally an inquest – a formal court proceeding that allows for the public presentation of all evidence relating to a death – is held. They may be used to focus community atten-

Blue Line Magazine 39 AUGUST / SEPTEMBER 2006 by Richard M. Cullen and Brent Snook provide new investigative information and profiler predictive ability scientifically. It is our were either too general or not very practical. contention that profilers should only advise Police worldwide now use criminal profil- A 1995 study (Copson) found most UK po- police investigations if they can predict of- ing (CP) to predict the type of person likely to lice officers reported criminal profiles as being fender characteristics substantially more accu- have committed a crime based on crime scene operationally useful and would consult a profiler rately than non-profilers. The results from the actions but scientific research has produced no again because many felt it furthered their un- following studies, all of which compared compelling evidence that it works. derstanding of the case. Others felt having an profilers’ predictive accuracy to various non- CP has gained popularity over the past 30 expert opinion reassured their own previously profiler groups, are meagre at best: years as both a media topic and investigative held judgments. However, only three per cent • Pinizzotto and Finkel (1990) asked groups tool and is now commonplace in police inves- stated that the profile helped them identify the of profilers, police detectives, clinical psy- tigations. Surveys show police support using criminal, 14 per cent said it helped them solve chologists and undergraduate students to pro- it for a variety of reasons, but a review of sur- the case and 16 per cent reported that the CP vide a profile for a homicide and a sexual vey results and scientific research highlight a advice helped them open new lines of inquiry. assault case. The profilers got just over half discrepancy between what officers reportedly A more recent survey of 51 Canadian po- of the 30 predictions correct, performed no believe and what the research shows. lice officers produced slightly more positive better than any of the groups on the homi- findings (Haines, 2006). The 29 officers stud- cide case and outperformed only the student Police opinions ied that had previously used CP reported believ- group on the sexual assault case. The few surveys that assessed officers’ ing it significantly contributed to their investi- • Kocsis, Irwin, Hayes and Nunn (2000) com- opinions of CP have produced mixed results. gation, credited the profiler with making accu- pared professional profilers, police officers, Taken together, they suggest police generally rate predictions and regarded the profile as op- psychologists, students and psychics on their find it useful for their investigations. Some erationally useful. Most of the officers agreed ability to correctly predict 30 criminal char- people use this support as an indication that that profilers help solve cases, CP is a valuable acteristics for a previously solved homicide; CP works, but a closer look suggests police investigative tool and that profilers further in- a 30-item multiple choice questionnaire was maintain a certain degree of skepticism. vestigators’ understanding of a case. Again, how- used in this and all of Kocsis’s subsequent FBI profiler John Douglas found CP ad- ever, a closer look at the results detects a hint of studies, with some minor modifications device was credited with solving the case in about skepticism among the officers; few agreed that pending on the nature of the crime. This time, half of 192 instances where FBI profiling was CP should be used in court as evidence and a the profilers got less than half of the predic- requested, but less than a quarter of officers majority believed that there is a potential risk of tions correct and there were negligible accu- felt it identified and located possible suspect(s). a profiler misdirecting an investigation. racy differences found between the groups. The majority reported it assisted their investi- Overall, the message from these surveys • Kocsis, Hayes and Irwin (2002) assessed the gation by properly focusing it. is that police officers believe profiles can pro- impact of experience in police investigations One of six officers surveyed in a 1993 study vide some useful assistance in an investigation, on the accuracy of CP. Kocsis provided a pre- (Jackson, van Koppen and Herbrink) regarded however many admit that CP does not really viously solved homicide case to groups of CP as not very useful; three found it reason- help solve cases and appear to maintain a de- senior, homicide and trainee detectives, po- ably useful and two reported the advice was gree of skepticism about its practice. lice recruits and undergraduate chemistry and very useful. However, all six officers agreed police students and then asked them to com- that the profiles were not helpful for solving Scientific research plete the questionnaire. In this case, the chem- their investigation because they had only some Relative to the high usage level of CP istry students scored the highest and there of the criminal’s characteristics right, didn’t worldwide, few studies have attempted to test were no differences in accuracy between any

Blue Line Magazine 40 AUGUST / SEPTEMBER 2006 of the police groups. cause of the potential for CP to misdirect an ble stories do not reflect the mundane activi- • Kocsis (2004) measured predictive accuracy investigation. ties occurring in the CP environment. Sec- among professional profilers, fire-investiga- ond, in attempting to convince others that tors, detectives, chemistry students and com- Why do people believe CP profiling works, a ‘professional profiler’ can munity college students on a solved arson works? surely find at least one anecdote in which a case. The profilers outperformed only the po- Far from cutting edge science, many CP profile appears to have helped investigators. lice detectives. models are naively built on an outdated under- Third, anecdotal evidence from any source • Kocsis, Middledorp and Try (2005) presented standing of human behaviour and produce pre- may exaggerate the actual usefulness of a groups of profilers and chemistry students dictions that have not proven to be more accu- profile in various ways. Fourth, profiling with solved murder and arson cases. They rate than those made by others. Given this state anecdotes are prone to be distorted in some found that the profilers were more accurate of affairs, one might wonder why police offic- way to make them more entertaining and in- than the chemistry students on the murder ers continue to request the assistance of formative. case but not the arson case. profilers. We highlight eight reasons why peo- • Repetition of the message that ‘profiling • A statistical summary (Snook, Eastwood, ple might believe that CP works despite the lack works.’ Gendreau, Goggin & Cullen, 2006) of the of research supporting this belief (see Snook, Repeating the message that CP is an effec- results of applicable predictive accuracy stud- Cullen, Bennell, Taylor & Gendreau, 2006 for tive investigative tool can contribute to the ies found that profilers were, on average, a more comprehensive discussion of these rea- CP illusion because people tend to believe slightly more accurate than the other groups. sons). Because we believe that police officers messages they hear repeatedly. Repeated Their predictive accuracy was moderate, should be skeptical of CP, these reasons may claims that police officers seek profiling in- however, and the effect was deemed impre- be used in practice as cautionary flags to indi- put for investigations because they find it cise because a statistical test showed there cate when a supposedly purposeful investiga- helpful, for instance, can persuade other peo- was a low degree of confidence associated tive technique may be nothing more than smoke ple that it is valid. Snook et al. (2006) found with the measure of average predictive ac- and mirrors. that the message ‘profiling works’ is clearly curacy. It appears that criminal profilers can • The power of anecdotes. stated in 50 per cent of the 108 profiling arti- not predict offender characteristics better than CP accounts in books, magazines, law en- cles they reviewed; 16.9 per cent reported that anyone else. forcement bulletins and peer-reviewed jour- ‘profiling has the potential to work,’ 31.5 per • Snook et al. also reviewed the majority of all nal articles often rely entirely on a “case in cent had an unspecified opinion and only 1.9 CP research to date and found many of the point,” “case study,” “actual case” or “suc- per cent unequivocally stated that profiling conclusions were based on scientifically un- cess story” to illustrate how profiling is use- does not work. The repetition of that posi- acceptable forms of proof such as the analy- ful in catching a criminal. For instance, Snook tive message, however, does not match find- sis of only one case (rather than looking for et al. (2006) found that 60 per cent of aca- ings from research that has specifically ex- trends across a multitude of cases). The au- demic journal articles relied on anecdotes as amined the predictive ability of profilers. thors concluded that criminal profiling is not a source of evidence, but anecdotes are inad- • There is more to profiling than correct scientific and that police officers should ex- equate for effectively validating CP for at predictions. ercise caution when consulting profilers be- least four reasons. First, vivid and memora- Profilers create the impression that their pre-

Blue Line Magazine 41 AUGUST / SEPTEMBER 2006 dictions are highly accurate by over-empha- • Ambiguous information can seem clear Conclusion sizing their correct predictions and conduct- enough. There is a growing belief that profilers can ing studies (e.g., the Kocsis studies reviewed The predictions in some profiles are so am- accurately and consistently predict a criminal’s above) that only measure accuracy as the biguous, vague and/or general that the profile characteristics based on crime scene evidence. number of correct predictions. When all the (like horoscopes) can appear to describe any This increased belief is evident from the fact necessary and pertinent information is not ex- suspect. This is problematic for both practice that CP is becoming increasingly prevalent as plicitly reported, readers may form beliefs and research. In a case with multiple suspects, an investigative technique and positive opin- based solely upon the information that is pre- profiles that contain many ambiguous predic- ions of it are being communicated in published sented to them. Research findings from other tions may not assist in eliminating the inno- literature. We contend that this belief is illu- domains suggest that the exclusive presenta- cent. It is also possible that interpreting am- sory because a critical analysis of research tion of correct predictions can lead people to biguous statements (and subsequently using showed that the field lacks sound theoretical overestimate the accuracy and potential util- that interpretation to guide investigative deci- grounding and strong empirical support for ity of profiles. It is therefore not surprising sion-making) may contribute to arresting an profilers’ predictive abilities. that reading profiling articles might lead peo- innocent suspect and thus releasing, or ceas- We think that belief in such an unscientific ple to conclude that profiling is viable. In ing to search for, the actual criminal. Regard- practice is due to the erroneous information that addition, incorrect predictions need to be ing research, it is difficult to retrospectively police officers (and the rest of us) receive about considered because they have the potential determine and report the actual accuracy of CP and the way they process that information. to misdirect investigations. profiles if they can be interpreted to fit many Since profiling has the potential to mislead crimi- • Profilers are not ‘experts.’ individuals. Moreover, ambiguous predictions nal investigators, thereby hindering the apprehen- Experts are people who have professional are not falsifiable, thus the profiler can never sion of guilty criminals and resulting in the wrong- competence in a specialized area. People be shown to be wrong. ful conviction of innocent people, it is a practice have a tendency to accept information that is • Imitation. that must be approached critically. reported to them by supposed experts. How- People tend to believe things or do tasks a ever, problems can arise when people whole- certain way because that’s the way they were References Copson, G. (1995). Coals to Newcastle? Part heartedly believe in the power of an expert’s perceived or done in the past. In fact, a large 1: A study of offender profiling. London: Home ‘specialized knowledge’ when that knowl- amount of what we know is naturally ac- Office, Police Research Group. edge has no foundation. This is the case with quired from other people’s behaviour and Haines, M. (2006). Criminal profiling use and CP. Research has shown that police officers instructions. Thus, those who observe other belief: A survey of Canadian police officer tend to believe that profiles written by sup- people using CP are likely to both use it and opinion. Unpublished honour’s thesis, Memo- posed expert profilers are more accurate than believe it works, although the initial user rial University of Newfoundland, St. John’s, those written by other consultants, even when might not even hold this belief. Police offic- Newfoundland, Canada. the same information was contained in both ers may believe CP is a good investigative Jackson, J. L., van Koppen, P. J., & Herbrink, profiles. In practice, profilers present them- technique because they observe other offic- J. C. M. (1993). Does the service meet the selves as experts by implying that they pos- ers using it and spend time with them, which needs? An evaluation of consumer satisfaction sess accumulated wisdom, investigative and involves communicating skills and proper with specific profile analysis and investigative behavioural science experience and training policing behaviours through both formal and advice offered by the Scientific Research Ad- and/or knowledge of abnormal behaviour informal teachings. visory Unit of the National Criminal Intelli- which provides them with the necessary skills Through the police culture, profiling advo- gence Division (CRI) - The Netherlands. to collect and analyze crime scene informa- cates – such as those officers trained to use Leiden: NISCALE: Netherlands Institute for tion. There is no existing evidence, however, CP – can directly or indirectly instruct other the Study of Criminality and Law Enforcement. supporting profilers’ possession of any spe- officers that it is effective. In any case, it is Kocsis, R. N. (2004). Psychological profiling cialized skills that warrants labelling them unlikely that any of the officers would have of serial arson skills: An assessment of skills as experts and there is no professional desig- access to all of the information needed to and accuracy. Criminal Justice and Behaviour, nation for profilers. properly determine whether CP works. As 31, 341-361. • We are all human. they use it more and more, however, each Kocsis, R. N., Hayes, A. F., & Irwin, H. J. (2002). Humans are pattern-seekers. We attempt to positive piece of information about CP be- Investigative experience and accuracy in psy- find order and meaning in the uncertain world comes more noticeable and the likelihood of chological profiling of a violent crime. Journal and then form beliefs that can guide future being influenced by anecdotes and correct of Interpersonal Violence, 17, 811-823. behaviours. In attempting to find useful pat- predictions increases. Kocsis, R. N., Irwin, H. J., Hayes, A. F., & Nunn, terns, however, people sometimes find ap- • Mistaking fiction for fact. R. (2000). Expertise in psychological profiling. parent patterns that are actually meaningless. The public is fascinated by profiling activi- Journal of Interpersonal Violence, 15, 311-331. When information is presented in such a way ties because CP is a vague practice and peo- Kocsis, R. N., Middledorp, J. & Try, A. C. as to make us believe that CP works, it’s no ple are generally intrigued by the ‘criminal (2005). Cognitive processes in criminal pro- wonder that this is the conclusion we reach. mind.’ This observation is supported by the file construction: A preliminary study. Interna- The information, however, may be biased in number of books, films and television pro- tional Journal of Offender Therapy and Com- several ways. Profilers may wish to inflate grams dealing with profiling, as well as the parative Criminology, 49, 662-681. their own usefulness (self-serving bias) and recent growth in college and university Pinizzotto, A. J. (1984). Forensic psychology: may actually be more confident in their own courses addressing profiling issues. Part of Criminal personality profiling. Journal of Police abilities than is warranted (over-confidence); the reason profiling caters to fantasy is be- Science and Administration, 12, 32-40. people might believe that a profiler’s advice cause some researchers have attributed its Pinizzotto, A. J., & Finkel, N. J. (1990). Criminal solved an investigation because they’re una- origins to fictional detectives such as Edgar personality profiling: An outcome and process ware of or don’t consider the rest of the po- Allan Poe’s C. Auguste Dupin, Agatha study. Law and Human Behavior, 14, 215-233. lice work involved in the case (attribution Christies’s Hercule Perioit and Sir Arthur Snook, B., Eastwood, J., Gendreau, P., Goggin, error); and people are prone to make errors Conan Doyle’s Sherlock Holmes. Unfortu- C., & Cullen, R. M. (2006). Taking stock of whenever they partake in after-the-fact rea- nately, these fictional accounts may form the criminal profiling: A narrative review and meta- soning (hindsight bias). For instance, people basis of real-world beliefs when they were analysis. Manuscript submitted for publication. might think that the profile solved the case never intended for this purpose, since peo- Snook, B., Cullen, R. M., Bennell, C., Taylor, because it was the last investigative technique ple are not very adept at remembering the P. J., & Gendreau, P. (2006). Explaining the employed before the solution, although that source of information they acquire during criminal profiling illusion. Manuscript submit- is not necessarily true. routine daily activity. ted for publication.

Blue Line Magazine 42 AUGUST / SEPTEMBER 2006 Joint possession based on all circumstances

by Mike Novakowski tor by itself. This was the wrong approach, This argument misses the point. It is the noted Hamilton, who held: combination of all these factors which (the ac- Rather than chal- In attempting to impeach the conclusion cused) says are benign, together with the ex- lenging each piece of reached by the judge, the (accused) attacks pert testimony on the mechanics of a ‘dial-a- evidence a judge must each piece of evidence: the balaclavas, the cell dope’ operation, that the judge was required look at the whole of the phone, the money, (the accused’s) furtive to and did consider, that lead to the conclusion circumstances in decid- glances at the car while being questioned by that (the accused) and his passenger were in- ing whether a person police – submitting that taken separately, they volved in a joint enterprise to traffic in cocaine was in joint possession could be consistent with an innocent purpose (paras. 12-13). of drugs. and do not point to (the accused’s) ‘possession’ Jones’ appeal was dismissed. In R. v. Jones, 2006 of the drugs. NSCA 50, police stopped a car after observing its occupants, the accused driver and young passenger, wearing balaclavas. An officer saw a plas- Confirming tip provides tic bag on the front passenger floor, in plain view, which contained 18 tinfoil balls of crack reasonable grounds cocaine valued at about $20 each. Jones was searched and police found a cell phone and by Mike Novakowski Justice the judge treated the confidential infor- cash, including four $20 bills. mation as equivalent to information from an At his trial in Nova Scotia Provincial Court, Significant confirmation of an informant’s anonymous and unproven source. However, Jones was convicted of possessing cocaine for tip provides police with reasonable grounds, she concluded that the information provided, the purpose of trafficking. An expert testified the Ontario Court of Appeal has ruled. along with the police observations of Murphy that the evidence was consistent with a “dial- In R. v. Murphy, (2006) Docket:C42133 prior to his arrest, provided the requisite rea- a-dope” operation where traffickers use a car (OntCA), a confidential informant described a sonable grounds. The search that followed was to deliver drugs, disguises to conceal their iden- male who would be armed, carrying cocaine pursuant to that arrest and was constitutional. tity, cell phones or pagers to communicate, and be at a specific location at a certain time. In dismissing Murphy’s appeal, the Ontario carry a float to make change and sometimes Police set up surveillance and observed a man Court of Appeal found, in part, that the trial use youth or prostitutes to make the delivery matching the generic description given, head- judge did not err in concluding there were rea- to the purchaser. ing towards the described location within the sonable grounds to make the arrest. This wasn’t The trial judge concluded that Jones “had specific time frame provided. a case where police surveillance did not con- the requisite knowledge and control in that he As the male ran across the street, he ap- firm any material parts of the informant’s tip. was involved in a joint enterprise with his pas- peared to reach into his shirt and hold some- Rather, their observations of Murphy as “he senger to traffic cocaine.” thing in his pants, which the experienced of- ran across the street provided significant con- Jones appealed to the Nova Scotia Court ficers believed was a gun. Murphy was ar- firmation of the informant’s statement that the of Appeal, arguing there was insufficient evi- rested and searched incidental to arrest. Po- (accused) was armed.” dence to prove he was in possession. Justice lice found a handgun tucked in his pants, as The informant’s information, along with Hamilton, writing the judgment for the court, well as cocaine. the officers’ observation confirming that infor- dismissed his appeal. In first examining the law At trial in the Ontario Superior Court of mation, justified the arrest. regarding joint possession, she stated: Where a person is charged with an offence involving possession of a prohibited drug the Crown bears the onus of establishing that the accused had knowledge of the presence of the drug, and that the accused maintained some “measure of control” over the drug… These elements may be proved by objective, relevant and admissible facts from which a rational in- ference may be drawn. With respect to joint possession, where a number of individuals are occupying a car containing drugs, the issue of knowledge and con- sent is often determined by the nature of the relationship and mutual activities of the occupants in relation to the car and its contents… Evidence indicating a joint enterprise with respect to the drugs permits a finding of con- sent on the part of those who do not have physical possession of the drugs (references omitted, paras. 8-11). Rather than looking at all the circumstances together, Jones tried to explain away each fac-

Blue Line Magazine 43 AUGUST / SEPTEMBER 2006 Vehicle search following passenger’s arrest ok by Mike Novakowski At trial in BC Provincial Court on charges there were both objective grounds for believ- of cocaine possession and possession for the ing that a drug transaction had occurred and The British Columbia Court of Appeal has purpose of trafficking, the judge found Condon’s that the police had the requisite subjective be- held that a warrantless vehicle search incident arrest lawful but the vehicle search unreason- lief that the persons observed at (the lake) were to arrest does not require grounds that evidence able. Although the tip was anonymous, it was involved in the drug deal about which they had in the vehicle will be destroyed. compelling. It provided a specific date, time, been informed,” she said. In R. v. Condon, 2006 BCCA 318 police location and names of the people involved in received an anonymous tip of a drug deal about the drug transaction. The, search, however, The search to take place. They were provided with a loca- wasn’t justified, the judge ruled. The occupants As for the search, Kirkpatrick found, it was tion, the names of two people involved and were under arrest and could not destroy or lawful as an incident to arrest; such searches reference was made to a red van. Police knew tamper with evidence in the truck so a warrant may be undertaken for the purpose of protect- the names provided in the tip. One was a drug should have been obtained. The evidence was ing the police, protecting evidence or discov- dealer who supplied cocaine to traffickers and excluded and Condon was acquitted, but the ering evidence. Although police do not need lived in a lakeside cabin accessible only by Crown appealed to the BC Court of Appeal. reasonable grounds to conduct the search, they boat; the other was having a relationship with do need an objectively valid reason related to him. Both were on conditional sentence orders The arrest the arrest. for possession for the purpose of trafficking The Crown submitted the trial judge was Vehicles may be included in the scope of a and were not to have contact with each other. correct in concluding the arrest was lawful, search incident to arrest if they are in an arres- About 40 minutes after receiving the tip while Condon argued the tip wasn’t specific tee’s immediate surroundings. In this case, the police arrived at the location – near a boat enough and there was an insufficient connec- search of the black truck was for the purpose launch at a lake – and saw a red van belonging tion between the tip and the black truck. of discovering evidence. In finding the search to a drug user. About 15 minutes later a black Condon asserted that her arrest was premised truly incidental to Condon’s arrest Kirkpatrick truck arrived and a boat was seen travelling on “guilt by association” and the police did not said, “In my opinion, having regard to the de- across the lake towards the boat launch from see any transfer of drugs between the people tails of the tip, the observations made at the… the direction where the drug dealer named in at the boat launch. At most, she contended, they boat launch and the police officers’ independ- the tip lived. When the boat arrived on shore, had enough for an investigative stop, which ent knowledge of the individuals observed, people were seen talking and hugging and the would preclude a vehicle search for contraband. there was more than a reasonable basis for (the) boat then headed back out onto the lake. Justice Kirkpatrick, stating the opinion of search of the truck.” Three people got into the red van while two the court, rejected Condon’s argument. “It is The appeal was allowed, the acquittal set entered the black truck. Both vehicles were clear from the totality of the circumstances that aside and a new trial ordered. stopped by police and the occupants arrested. The driver of the black truck had been arrested several months earlier for drug trafficking and the passenger, Condon, was a cocaine user and ‘mule.’ The black truck was searched at the scene and two plastic baggies of cocaine and other drug paraphernalia was found. The truck was then towed to a police office and searched further, which turned up more cocaine.

Blue Line Magazine 44 AUGUST / SEPTEMBER 2006 School sniff and search ruled unreasonable by Mike Novakowski were also found in the back pack and M.A. was Police acting as agents charged with possession of marijuana and psi- Justice Armstrong, authoring the unani- Randomly sniffing out drugs in a school locybin for the purpose of trafficking. mous judgement, ruled that the search was a and searching a student’s unattended backpack At trial in the Ontario Court of Justice the police search. The police had not been re- was an unreasonable search, Ontario’s highest judge concluded there were two searches: quested by any school authority that day, had court has ruled in excluding the evidence. (1) the search using the drug dog and not given notice of their intention to search and In R. v. M.A., (2006) Docket:C42056 (2) the search of the backpack. neither the principal nor any teacher played an (OntCA), a high school principal, concerned He also found that the search was con- active role. about the presence of drugs in his school, of- ducted by police, not school authorities, with- “The fact that some two years earlier the fered a standing invitation for police to bring out reasonable grounds. Both searches, he held, school principal had issued a standing invita- drug detector dogs into the school. Two years were unreasonable. tion to the police to search the school with the later, three police officers with a dog arrived The trial judge also ruled the police search assistance of a sniffer dog does not, in my opin- one morning and told the principal they wanted was disguised as a school search and, even if it ion, turn the search… into a search by school permission to go through the school, which was was a school search, there were no reasonable authorities in police uniforms,” said Armstrong. immediately granted. After students were in- grounds to believe drugs would be found. The structed to remain in their classrooms, the of- evidence was excluded under s.24(2). The search ficers randomly searched the school. The Crown appealed to the Ontario Court Armstrong found it unnecessary to decide In a small gymnasium the dog alerted on a of Appeal arguing, in part, that police were act- whether the dog sniff alone amounted to a backpack lying unattended next to a wall. An ing as agents of the school, the dog sniff wasn’t search. Rather, he concluded the sniff and officer looked through its contents and found a search (but if it was, it was reasonable) and backpack search fell within the meaning of a 10 bags of marijuana, 10 ‘magic mushrooms,’ the backpack search was reasonable. search under s.8 of the Charter. a pipe, lighter, rolling papers and a roach clip. Students have a reasonable expectation of The accused youth’s wallet and identification privacy in the contents of their backpacks, much like an adult’s privacy in the content’s of a briefcase. Students backpacks are not Search requires only one valid searched during the normal course of a school day, nor do they expect their backpacks to be searched. The dog was a physical extension of purpose its handler and was connected to the physical search of the backpack. Since the search was by Mike Novakowski evidence in the vehicle. This, Caprara argued, warrantless, it was prima facie unreasonable rendered the search a breach of his s.8 Char- and the Crown could not rebut this presump- A search incident to arrest will be lawful as ter right. tion. Further, the search was randomly con- long as police have at least one valid purpose in The Court of Appeal disagreed with the ducted with the entire student body held in de- mind, the Ontario Court of Appeal has found. trial judge’s analysis that the search for drugs tention. Armstrong wrote: In R. v. Caprara, (2006) Docket:C41856 was lawful as an incident to arrest: To facilitate the search, the entire student (OntCA), the accused was stopped by police On the facts of this case, the police had no population was detained in their classrooms and provided a false name. He was arrested right to search for drugs as an incident of the for a period of one and a half to two hours. for failing to identify himself under Ontario’s (accused’s) arrest because the (accused) had Although it was the principal who made the Highway Traffic Act and for attempting to ob- not been arrested for a drug or drug related announcement to the student body to remain struct justice. The car he was driving belonged offence; he had been arrested for failing to in the classrooms, it is my opinion that a re- to his brother. Police said they searched the car identify himself and for attempting to obstruct view of the record indicates that he did so to looking for evidence of Caprara’s true iden- justice by providing the police with a false accommodate the police search. There was no tity, but instead found drugs. name. Accordingly, any search for evidence credible information to suggest that a search At trial in the Ontario Superior Court of incident to his arrest had to be restricted to was justified. There were no reasonable Justice on four charges of possession of con- evidence of identification; it could not spill over grounds to detain the students... trolled substances for the purpose of traffick- into a search for drugs (para. 7). An officer cannot exercise the power to de- ing, the judge found the stop was made for le- However, even if the police really had two tain on a hunch, even a hunch borne of intuition gitimate road safety concerns. The arrest was purposes for searching the car (identity and gained by experience. The Supreme Court of lawful and the search was incident to the ar- drugs), as long as one purpose was proper as Canada has held that there must be a clear nexus rest. Further, the judge ruled, even if the search an incident to arrest, the search was lawful. The between the individual to be detained and a re- was to look for drugs rather than to find identi- search for ID was reasonable. The police were cent or on-going criminal offence… fying documents, it would nonetheless have not sure of Caprara’s identity and “it was per- Quite apart from the detention of the en- been lawful as an incident to arrest, because fectly reasonable for them to think that there tire student body, of more significance is the police had reason to believe drugs might be might be a wallet, a briefcase or perhaps a unauthorized warrantless random search itself. found in the car. cardholder in the car containing evidence of In my view, the Crown has failed to re- Caprara appealed to the Ontario Court of the (accused’s) identity,” said the court. but the presumption that the search was un- Appeal arguing, in part, that the search for “Furthermore, the area in which the drugs reasonable. Even if the presumption of un- evidence of identity was a pretext for a drug were found (around the floor mat underneath reasonableness did not apply, it is my opin- search police had no right to conduct, since the armrest that separated the two front seats) ion that there were no grounds upon which he had not been arrested for any drug related was one where a wallet or cardholder could to justify a random search of the kind that offence. He also submitted that the search for reasonably be expected to have been located.” was conducted in this case (references omit- ID was unnecessary because the police already The search for ID was ruled valid inci- ted, paras. 57-60). knew his identity before commencing it and dent to arrest and did not violate Caprara’s The evidence was inadmissible and the ap- further, police did not have a reasonable ba- right to privacy protected by s.8. The appeal peal was dismissed. sis for thinking there might be identification was dismissed.

Blue Line Magazine 45 AUGUST / SEPTEMBER 2006 Pat down of handcuffed detainee reasonable by Mike Novakowski his left front pocket. Thinking the object might be a knife used to cut the stereo An officer’s pat down search of a de- wires, the officer reached into Duong’s tainee was reasonable, even though it oc- pocket and pulled out a white envelope curred after he handcuffed him, British containing 25 flaps of heroin and cocaine. Columbia’s top court has found. At his trial on charges of possession In R. v. Duong, 2006 BCCA 325, po- of heroin and cocaine for the purpose of lice drove by a car parked in a high prop- trafficking, the judge concluded the of- erty crime area, known for theft of and ficer had articulable cause to detain Duong from autos, and saw a man seated in the to investigate a potential stolen stereo. The driver’s seat looking around inside the ve- pat down search was proper, as it was con- hicle. Twenty minutes later the same ve- ducted for officer safety. There were no hicle was seen by the same officers, parked at stolen stereo. As he exited, Duong clenched Charter breaches and the evidence was admis- the same location, but now the man was seated his right hand and took an aggressive stance. sible. in the passenger’s seat looking out the window Initially hesitant, he complied with the offic- Duong then plead guilty to the charges but as if waiting for someone or something. er’s instruction to place his hands on the car. appealed to the BC Court of Appeal, arguing The officer approached the car, showed his The officer asked him if he had any weapons the detention was arbitrary and the search for badge and asked Duong if he had a driver’s or anything sharp on him. Duong angrily officer safety wasn’t reasonable. license. Duong said “yeah,” made a quick shouted “No” and was then handcuffed and movement under the driver’s seat and pulled patted down for weapons. The detention out a wallet. The officer saw a car stereo in As the officer patted down his midsection, Duong contended that the trial judge only plain view, with cut wires, in the back of the Duong changed his position and moved closer assessed the officer’s subjective belief with- car. When asked who owned the car Duong, in toward the car. The officer repositioned him, out looking at its objective reasonableness. a slow and nervous fashion, said it was his felt a hard bulge and checked his right pocket, Justice Rowles, authoring the unanimous ap- “buddy’s.” When asked whose stereo it was, discovering a roll of money. A bulge on the peal court judgement, rejected this argument. Duong’s eyes widened, his mouth dropped and right hip turned out to be a cell phone. Duong Although the articulable cause standard re- he again replied it was his “buddy’s.” pushed his body against the car when the of- quires both a subjective and objective element, The officer didn’t believe Duong, asked ficer began to pat down his left side. The of- the trial judge did consider both. The officer’s him to get out of the car and placed him un- ficer moved him away, continued the search subjective belief that the car stereo might be der investigative detention for the possible and felt a hard, solid object about 4" by 3" in stolen wasn’t a hunch and was grounded in his

Residential B&E’s report

TORONTO —A new study underscores the serious psychological, emotional, and financial impact of break-ins on victims and confirms the need for new legislation to help police reunite victims with their property. “Every officer who has responded to a residential break-and-enter has seen first hand the devastating impact these types of property crimes have on victims,” said Cornwall Police Chief Dan Parkinson. “This report... shows the anger, fear, guilt, anxi- ety and sadness that a B&E produces in victims.” The study, released by the Ontario Associa- tion of Chiefs of Police (OACP), found significant financial consequences - including the costs victims must incur to repair damage done to their homes by criminals - and that there is a need for new legislation to govern pawnbrokers and second-hand shops in Ontario as a tool in police efforts to reunite victims with their property. “Many victims told us that they would applaud the use of centralized provincial or national databases to register all goods - both as a means to expedite the return of their property and as a potential deterrent for offenders,” said OACP President Chief Armand La Barge. “We will continue to work with the Ontario government to address the need for legislation that helps police return stolen property to crime victims.” To view the study go to; http:// www.oacp.on.ca/content/news/ article.html?ID=259

Blue Line Magazine 46 AUGUST / SEPTEMBER 2006 observations and knowledge, which provided down search… the objective foundation for his belief. A “frisk search” for weapons is a relatively First, the officer saw a stereo with cut wires brief and non-intrusive procedure… Moreover, in the back of the car. His experience told him the reasonableness of a police officer’s deci- that car stereos are often stolen by pulling them sion to conduct a search for officer safety can- out and cutting the wires. “This observation, not be judged by a standard that would sec- in and of itself, presented an immediate and ond-guess the officer’s actions with perfect objectively reasonable concern that a property hindsight… crime had been committed,” said Rowles. The “police perception of reasonable ne- Second, the officer “knew that the area in cessity depends very much on the particular which these events were taking place had a high circumstances in which the police officer finds incidence of property crimes, specifically thefts himself” (references omitted, para. 54). from cars and stolen cars.” Here, the officer had bona fide safety con- Finally, Duong’s “demeanour changed no- cerns rendering the pat down search justified. ticeably when answering questions. His initial It was entirely reasonable for the officer to in- response about the driver’s license was “quick.” fer Duong, the sole occupant of a car contain- His subsequent responses about the ownership ing an apparently stolen stereo, might have a of the car and the stereo were “slow and nerv- knife used to cut the car stereo wires. Only ous.” His facial expression also changed. (The when the officer felt a hard object that could officer) was able to articulate his concerns re- be a weapon did the search progress beyond a garding the change in (Duong’s) pattern of basic pat down. speech, facial expressions and demeanour in a The fact Duong was handcuffed did not way that the trial judge understood and ac- make the search unnecessary. Handcuffing does cepted as reasonable.” not necessarily eliminate officer safety concerns, Rowles ruled the trial judge did not err in either during the search or after the detainee is concluding the officer had articulable cause to released. The officer thought that if Duong had detain Duong. a knife in his pocket, he might have been able to access it even with the handcuffs on. The search The search in this case was limited in scope Duong argued that the search was unrea- and reasonably necessary to ensure the offic- sonable because a brief investigative deten- er’s safety. The appeal was dismissed. tion does not permit a search for evidence, and any safety concern must be objectively Visit www.blueline.ca/resources/caselaw for the complete verifiable, not merely premised on mere in- cases. E-mail [email protected] to reach Mike tuition, a hunch or curiosity. He suggested Novakowski. there were no objectively discernible facts to support the officer’s safety concerns and that the pat down search was simply done to search for contraband. In summarizing the law on searches incident to investigative detention, Rowles wrote: There is no dispute that police officers are entitled to take reasonable steps to minimize the risks they face in the performance of their duties… Where a police officer has reason to believe that his or her safety is at risk in the course of an investigative detention, the officer is authorized to conduct a protective pat-

Blue Line Magazine 47 AUGUST / SEPTEMBER 2006 RCMP officers found themselves up He told the court he has gone years of driv- Initially arrested for being intoxicated and against a 900-kilogram bull after it escaped ing in this manner without any accidents. causing a disturbance at his mother’s house, from a veterinary clinic in the community of *** Bradford Gray was placed in a jail in Cat Lake, Steinbach, MB. During a high school field trip, a criminol- a remote First Nations community. After jumping over the clinic’s fence, the ogy class investigating a fake crime scene went Gray, 33, escaped from his cell that same bull began its kilometre run charging across a into disbelief after discovering the body of a real night, by pulling his cell door off its hinges. highway, past several businesses and residen- dead person in Fort Lauderdale’s Holiday Park. He was picked up and arrested again soon tial streets, and doing its fair share of construc- For more than 20 years, teacher Sue Mes- after his escape, shortly after being found back tion on route. senger has been creating mock crime scenes at his home, and transferred to a larger jail. The enraged bull quickly attracted an en- with fake skeletons and other evidence to give Fittingly, Gray has been sentenced to 90 tourage including children and the local media her students a realistic look at what crime scene days of house arrest and was also ordered to as word spread of its escape. investigators do. pay $500 for the repair of the jail cell door. The bull withstood two tranquilizer darts Students in her forensics course, however, *** fired by a veterinarian as well as the RCMP’s got more authenticity than they bargained for. During June’s gun amnesty in BC, RCMP initial attempt to stun it with Tasers, before the “The first thing we thought was, ‘that’s a say 72 registered handguns, 124 unregistered fatal blow. real good dummy she set up,’” said student handguns, 72 unregistered semi-automatic ri- Witnessing the bull charge at several peo- Juan Cantor, 15. fles, 34 prohibited firearms and one rocket ple, including RCMP officers, Acting Staff Messenger couldn’t believe the odds. launcher were turned in. Sergeant Bill Richards says he was forced to Police identified the body as David Wayne Staff Sgt. John Ward says the rocket shoot it dead. Bodie, 45, a homeless man who apparently died launcher was found by an elderly couple in *** of natural causes. Burnaby 30 years ago when they bought a home. Arrested and charged with breach of re- *** Ward says the rocket launcher was certainly cognizance by having consumed alcohol, Two Sudbury men arranged to meet the most unusual piece the RCMP collected. fourty-four year old Dana Jensen got himself Rodney Newton behind a bowling alley, with Fourty-four thousand rounds of ammuni- in more trouble after showing off his teeth. the intent to allow him the opportunity to buy tion were also turned in. Cornwall Police had him in custody when back the thousands of dollars worth of items *** they discovered Jensen’s dentures had been they stole from his home. Searching for a suspect who used a shovel filed to a sharp edge. Newton agreed to the proposal and paid to smash the windows of a parked car, police let “At that point, it became a weapon,” said them $10,000 to get his possessions back. Huntsville, Ontario’s summer pests do the rest. Cornwall police spokesman Blake Paquin. The thieves, however, didn’t realize until Hiding in a wooded area for 90 minutes, the “Any weapon, or imitation of a weapon, has to later that the money he gave them was phoney. suspect was spotted running from a bush attempt- be confiscated.” Miffed at the turn of events, the two thieves ing to swat away the blood thirsty mosquitos. Paquin said the dentures were taken away began harassing Newton about the money and The officers, who promptly arrested the man, before they could be used in any way. were eventually charged and sentenced for had doused themselves with insect repellent. In addition to his other charge, Jensen’s threatening him. Korry White, 22, has been charged with teeth got him a possession of a dangerous Jeffery Guitard was sentenced to serve 90 arson and breach of probation. weapon charge. days on weekends, while Patrick Whissell re- *** *** ceived five months under house arrest. An 18-year-old teenager found himself in A man whom was keen to drive despite be- *** over his head attempting to escape from a po- ing armless is now defending himself in court. Research by a private organization known lice officer. When Colin Smith was pulled over for as the Road Safety Fund suggests Colombian The young man had squirmed from a po- speeding in Wellington, New Zealand, it was drivers distracted by attractive women is one lice officer’s grasp at a West Vancouver beach discovered he had been driving with one foot of the country’s leading causes of car accidents. and escaped into the water. on the steering wheel and another on the ped- The organization says men gawking at After swimming about 30 metres out, po- als, a police officer testified in court. women and not paying attention to the road, lice say it became clear the boy was having Smith, 31, born without arms and having accounted for nearly one in 20 crashes. trouble keeping his head above the water. never had a driver’s licence, is now fighting Cell phones were pegged as the biggest One of the officers who had initially con- the charge of driving in a manner likely to be distraction for drivers, accounting for about 10 fronted the teen dove in after him and success- dangerous to the public. per cent of all accidents. fully brought him to shore to perform first aid. Smith entered no plea and insists he will The act of drivers honking the horn at Deemed recovered from his unsuccessful defend himself against the charges. women, while issuing compliments as they drive escape attempt, officers let the teen recover past is what the organization dubs as “culture.” from the effects of alcohol in a police cell. The groups presentation included close-up *** images of attractive women in miniskirts to re- Kyra Clarke, 46, of Glace Bay, Nova Scotia mind the audience of the extent of the danger. has been sworn-in as a constable with the Cape *** Breton Regional Police Service. Police in Warren, Ohio discovered a two-year Clarke’s call in life was never immediately old boy when they pulled over a car containing realized, having taken a back seat to a mar- three men suspected of a home break-in. riage that produced three children. One of the suspects says he couldn’t find a Clarke had worked at a local fish plant until babysitter, so he decided to bring along his tod- three years ago, when she signed up for the dler son. police course at Holland College in Prince The three men are charged with breaking Edward Island at her husband’s urging. and entering and possession of criminal tools. Despite being the only grandmother in the The father of the young boy is also charged class, she says her big concern was the academic with child endangerment. demands, not the physical ones of training. The child is now in the custody of his Clarke graduated in 2004 and did three grandmother. months of on-the-job training with the Halifax *** Regional Police before landing the job back home.

Blue Line Magazine 48 AUGUST / SEPTEMBER 2006 Blue Line Magazine 49 AUGUST / SEPTEMBER 2006 The basics are key to water rescue by Kathryn Lymburner unintentional injury and the leading cause of death among recreational activities during that 10 year period, Statistics Canada says. In a country with 891,163 square kilometres of oceans, lakes, riv- Other insights from the Red Cross study: ers, ponds and creeks, Canadian police officers are certain to come across • There was an average of 1.8 deaths per 100,000 Canadians from some form of water – either liquid or solid – during their career. Consid- 1991 to1995, but from 1996-2000 the drowning rate decreased to ering the remoteness of some police detachments and the patrol routes an average of 1.4 deaths per 100,000 Canadians, a 21 per cent of officers in these areas, the likelihood of responding to an incident improvement. involving water increases exponentially. • The highest drowning rate was in the northern territories, followed by There were nearly 6,000 unintentional drownings and other water- the east and west coast provinces. After 1995, the biggest improve- related deaths from 1991 and 2000, according to a Canadian Red Cross ment in drowning rates (53 per cent) was in the northern territories, study, and more than 3,000 hospitalizations for near drownings. Of these, followed by BC (29 per cent) and Ontario (25 per cent). nearly 2,000 were boating related, while the rest involved other aquatic • The reduced drowning rate was attributed to Red Cross awareness activities. Drowning was the fourth most common cause of death by campaigns that ran on radio and television between 1995 and 2000.

BlueBlue LineLine MagazineMagazine 5450 AUGUST / SEPTEMBER 2006 arms and tie off a knot behind the victim, near the neck. Bounce them in the water three times to help gain momentum – gently, don’t use a submerging bounce – and then pull them up and over the side of the boat. This technique has a tendency to hurt conscious victims, since the rope bites on their chest, so is best suited for an unconscious victim; • Other solo rescue techniques include tossing a tow line to a conscious victim or using sturdy tree branches, reaching poles or even a tossed lifejacket as improvised rescue aids.

Two person recovery

Typical victim profile ing and uncomfortable lifejackets. Experts stud- The Red Cross profiled a typical victim – ied these drowning statistics and realized that a in other words, here’s what you should look for: new, comfortable approach was needed. an adult male fishing from a small motorboat PFDs were created by removing some of on a lake, wearing no floatation device or hypo- the bulk and redistributing the thinner mate- thermia protection garment, in conditions such rial around the body like a vest. This reduced as strong winds, large waves or cold water, with performance compared to a lifejacket, but was Basic two person recoveries are a little darkness approaching. Frequently, the boat cap- accepted since most drowning small craft op- more complicated because they require some sizes and he falls overboard or is swamped and erators are within sight of a potential rescuer co-ordination. If you and your partner are in finds himself struggling in the water. and would have been saved had they stayed an inflatable or soft hulled boat (don’t try this If you are called to respond to an incident afloat a few more moments. Performance was technique on a rigid hull boat, you’ll really in- on the water and don’t have a specialized ma- sacrificed for a more comfortable device that jure the victim), the two person parbuckling rine unit to back you up, remember the basic boaters would be more likely to wear. technique is the easiest and most efficient way theories of marine rescuer and recovery, which Several years ago it was required that PFDs to help someone out of the water. are really child’s play; take a rubber duck, for be only sold in red, yellow or orange to allow You will need either two lengths of rope, example – if you push it under the water, it for higher visibility on the water. More recently snow fencing or anything else that you can bounces back to the surface because it’s buoy- other colours were approved for inland water wrap around a person’s body. Secure the two ant. The air inside the duck is lighter than the use. Lifejackets are still required to be red, yel- lengths of rope to the inside grab handles of water around it. low or orange, since they are more likely to be the inflatable tubes. Separate the ropes so that This buoyancy, often in the form of a life used on large bodies of water, requiring a higher one can fit under the victim’s upper arms and jacket or personal floatation device (PFD), will level of visibility. the other under the upper legs. help you remove a person from the water. With the victim’s head pointed towards the Buoyancy can turn anyone into Superman, so One person recovery back of the boat, bring one rope around the out- use it to your advantage. side of the upper arms and the other around The first necessity for a successful recov- the upper legs. Each person should pull on one ery is a lifejacket or PFD for both yourself and rope – think Shamu the whale in a sling – and the victim. A person on the water without a you will roll the victim up and over the side of floatation device is unlikely to survive unless the soft hulled boat. This technique is great for officers are on scene when an incident occurs. both conscious and unconscious people, espe- Lifejackets cially if they are injured. Lifejackets were initially created for pro- A two person recovery that can be used in fessional mariners in large ships, where there any boat is really your best bet. One rescuer would be some advance warning to “don should be on each side of the victim, and grab lifejackets” and then enter lifeboats to escape their arm from under their elbow. On a count a capsizing ship or onboard fire. They were also It’s essential that every police officer of three, you and your partner can then lift the used during storm conditions, when a person know basic skills for removing people from victim up and over the side of any boat. could be swept away by high seas, but these water. There are several techniques for con- traditional lifejackets were so bulky that it ducting solo recoveries, each best suited to a Keep in mind wasn’t practical to wear them all the time. different situation: With these simple techniques, any officer These floatation devices are still used on • Recovering a conscious person can be as sim- can quickly conduct a water rescue, but always commercial ships, including cruise ships and ple as grabbing their PFD and using it as a remember: ferries. Despite their bulkiness, the thick foam sling to hold their body while pulling them • Never rescue empty handed; helps to keep a person’s head above the water into the boat or onto a dock; • Always keep an object between you and the while also turning them on to their back so their • Similar rescues can also be done for an un- person being rescued; face isn’t submerged. conscious recovery, but you will need to ma- • Slow and steady wins the day; noeuvre the person into a more vertical posi- • If possible, avoid getting in the water since PFDs tion in order to pull them out. Keep in mind your duty belt is heavy and could drag you On inner lakes and rivers, it was discovered that this type of rescue is best when the vic- under. that many people were drowning shortly after tim is directly beside you; Perhaps most importantly, put on a PFD falling out of boats or off water skis because • A rope cinch can also be used to remove a before going out. You are useless as a rescuer they didn’t enjoy wearing the bulky, constrain- victim from the water. Wrap a rope under their if you end up becoming a victim.

Blue Line Magazine 51 AUGUST / SEPTEMBER 2006 Canada’s national security minister Stockwell Day Alberta government pulls plug on aboriginal police force says new, tighter controls will be placed on fertilizer sales, in light EDMONTON (CP) — The provincial government The rest of the cash, $2.7 million, came from of the arrest of 17 people accused has pulled the plug on an aboriginal police force the federal government. of plotting a terrorist attack in in northern Alberta, citing a failure to investigate RCMP from Faust, Slave Lake and High Toronto. Day says the sale of major crimes such as sexual assault, aggravated Prairie are helping patrol the communities and ammonium nitrate is already assault and one attempted murder. an RCMP officer has been appointed chief tem- regulated under the Explosives Solicitor General spokesman Andy Weiler said porarily. Act, but wants to enhance the the Lesser Slave Lake Regional Police Service’s Aboriginal communities have lost a chance regulations. Ammonium nitrate was a key ingredient contract was terminated in a letter June 9 and was to build a police force that understands their unique in the device used in the 1995 Oklahoma City bombing that killed 168 people. Day says the federal to continue operating until Sept. 6. needs, warns one chief whose band is affected. government will look closely at the alleged terrorist “This is all about due diligence,” said Weiler. “We may never have the chance to go down operation in Toronto, to see what other parts of “We have a responsibility to make sure there’s ad- this road again,” said Sawridge band Chief Roland Canada’s security framework needs to be improved. equate protective policing in the province.” Twinn. “We’ve always had an uphill battle. We’ve A regular review of First Nations policing is been underfunded, underresourced.” Alberta’s chief medical examiner Dr. Graeme completed every two years by officials from the He said First Nations people historically have Dowling says stun gun Solicitor General’s department and the RCMP. had a strained relationship with the RCMP and deployment is by no means a Weiler said the latest review found that “high- want a more culturally sensitive police force. death sentence. Dowling says risk files” weren’t being investigated. “If you’re a Swan River Chief Leon Chalifoux said the there’s absolutely no electrical effect on a person’s heart because victim involved in any one of those, you’re expect- six First Nations want their own police service, electricity from a Taser flows ing them to be investigated and, if charges are and the Lesser Slave Lake Indian Council has across the skin’s surface, not necessary, to be laid,” said Weiler. “Every Albertan developed a plan to save the one cancelled by through internal organs. Dowling says incidents deserves to live in a safe community.” the province. where people die in police custody after being tasered Police Chief Jon Netelonbos was fired March “We are in the process of trying to salvage it.” are often unfairly linked together. He says excited 9, he said, and just four of 10 officers who were “We’ve struggled with the RCMP,” said Chalifoux, delirium, known to strike drug abusers and those with with the service continue to work. Weiler couldn’t who added the national force focuses on arrests mental issues, can cause the victim to suddenly stop say whether the other six were fired. and detentions. “We’re trying to focus on a pre- breathing. Dowling says officers are in a “damned if The regional police service was established vention program.” He admitted the police service you do, damned if you don’t situation” if attempting in 1995 and patrols six First Nations communities: has had “issues,” but said he wasn’t free to dis- to restrain a person who displays aggressive behaviour while in their custody. Driftpile, Sawridge, Horse Lake, Kapawe’no, cuss them. Sucker Creek and Swan River. Weiler said the department is working with The Manitoba government wants to crack down on The province was providing $2.5 million, or the council to develop alternatives to the dis- black market tobacco sales by almost half, the cost of a five-year federal-provin- banded force. lowering the quantity of tobacco cial contract that was due to expire March 31, 2009. (Edmonton Sun) any one person can possess at one time. Law today dictates people possessing more than 20 cartons of cigarettes can face a $20,000 fine or one year imprisonment. A tabled bill in the legislature seeks to reduce that amount to five cartons. Finance Minister Greg Selinger says anyone with more than 5 cartons are generally considered to be dealing. Selinger says the proposed changes would bring Manitoba in line with other provinces. Manitoba Justice Minister Gord Mackintosh says the launch of a new crystal methamphetamine lab protocol in the province is “battening down the hatches.” Mackintosh says the province cannot afford to wait and will try to get ahead of the increasing amount of meth in the province. He says the protocol will see police outfitted with the latest equipment to combat potentially dangerous clandestine drug labs, and will set out agency responsibilities when a lab is discovered. The new policy he says will also unite police, firefighters, paramedics, social agencies and utilities so law enforcement can better investigate synthetic drug labs. Mackintosh says, “We have to recognize police can’t do this alone,” noting trained firefighters will also be involved in safely disposing meth productions. Vancouver Mayor Sam Sullivan has been cleared of any criminal charges regarding his admission he gave money to addicts to buy drugs. The RCMP conducted their investigation after a request for a review by Vancouver Police Chief Jamie Graham during the fall civic election. The RCMP investigation included a statement from Sullivan, as well as advice from the Department of Justice. Sullivan has said the review request was appropriate and he’s confident he can work with the chief in his role as chairman of the Vancouver police board.

Blue Line Magazine 52 AUGUST / SEPTEMBER 2006 Blue Line Magazine 53 AUGUST / SEPTEMBER 2006 by Ryan Siegmund Photos: Kathryn Lymburner and the Ontario Provincial Police

A rowdy pedestrian reaches for your duty belt in an attempt to swipe your pistol while you’re pedalling your patrol bike through a crowded area. How should you react – and more importantly, what could you have done to prevent this situation from occurring in the first place? Police officers don’t realize all the potential risks associated with patrolling on a bicycle until they take a police cyclist course, says OPP Sgt. Chris Whaley, a certified police and EMS cyclist instructor – but they also don’t realize all the advantages a bike offers.

Blue Line Magazine 54 AUGUST / SEPTEMBER 2006 Blue Line Magazine 54 AUGUST / SEPTEMBER 2006 expertise back to the detachment. being in the confines of a cruiser,” Whaley The course is “by no means like riding a quips. “The liability of riding in traffic and be- bike with your kid in the driveway,” says ing able to do that safely is an important staple Whaley, noting the rigorous week of training. in the training phase. We use proven, effective Fitness aside, Whaley says officers accus- cycling techniques from CanBike and the Ca- tomed to patrolling in a cruiser must get used nadian Cycling Association.” to not having a car to absorb the impact of a Despite the inherent dangers, travelling on potential crash. a bicycle has many advantages over a cruiser “Bicycle patrol is far more dangerous than – specifically allowing officers to let their sense

Whaley, who is certified through the In- ternational Police Mountain Bike Association (IPMBA) and recently taught at an OPP police cyclist instructor course, says officers often don’t realize how much there is to learn. “When patrolling as a police officer on a bicycle, you may be chasing a fleeing foot suspect that requires you to do a number of things,” says Whaley. “You may have to negotiate certain obstacles like curbing stairs, you have to know what to do once you have made the source of contact and evaluate if you can use the bike itself to your advantage.” Bicycle tactics have evolved as patrols have become more common and more police services recognize the benefits of deploying two wheel patrols. Traditional bicycle units found in many of Canada’s larger policing centres are used as a permanent patrol staple, pri- marily because they are an efficient way of moving in areas with heavy traffic. Units are also catching on with smaller departments and are becoming a sought after position among many officers.

Purposes & advantages Programs such as the OPP cyclist instructor course give officers an opportunity to learn all the vital patrol tactics that come with the various deployment tasks. The OPP course is designed to train officers to become basic level instructors themselves so they can take their

Blue Line Magazine 55 AUGUST / SEPTEMBER 2006 of sight, smell and sound to guide them. to repeatedly do such patrols, adding it is a big For common deployments such as crowd “Comparatively, driving around in a cruiser jump for officers to get on a bike after years of control, officers are taught how to position with the air conditioning on at varying speeds not riding one. themselves to an approaching person or per- may hinder an officer’s ability to notice the lit- “I think if you looked at the different types sons, as well as how to guide through the tle things happening around him or her,” of patrol we have, whether it is ATV, marine, crowd without having something lifted from Whaley says. “The bikes are very quiet, very snowmobile, motorcycle or foot patrol, police their duty belts. fast and great for catching people, especially cycling is the most physically demanding – es- Officers must also learn basic bicycle han- those vandalizing, smoking pot or causing dis- pecially if you are doing it day after day.” dling skills; off-roading, negotiating slow speed turbances. You can’t do it with a cruiser be- Instructors stress that those taking the train- obstacles, riding up or down stairs and jump- cause they can hear you coming and you can’t ing program be aware of their limits when pa- ing curbs. get to many of those locations by cruiser.” trolling, specifically in catching suspects as ef- Tactical issues such as safe yet fast dis- Thousands of people spill onto the streets ficiently as possible, a core purpose of the OPP mounts are also covered. Some training after a sporting event or concert and erratic be- cycling course. courses, notably in the US, teach officers how haviour often results. As a result, agencies with Not over-exerting oneself when riding and to use their bicycle as a weapon, however this dedicated bicycle units are increasingly using saving enough ‘gas in the tank’ to do other func- practice is not taught in Canada. them for crowd control, since they are essen- tions is crucial, says OPP acting Sgt. Troy tially a “barricade on wheels,” Whaley says. Carlson, who teaches the new instructors how Cycling forward “Rather than send out a public order unit to use the bike from a firearms standpoint, while The OPP has approximately 350 officers resembling ‘Darth Vader’ apparel – with the pointing out the not so obvious challenges. trained as police cyclists, with roughly 180 bi- hard hat, shield and sticks – many services send “We send them on a one km. sprint, riding cycles at their disposal. Comparatively, the out bike officers who already carry a barricade to and from the gun range – then they have to New South Whales police in Australia has the and are wearing a helmet as normal equip- go through a series of firing and handcuffing,” largest bicycle patrol program, with 650 offic- ment,” Whaley says, noting they don’t project says Carlson. “They have to learn to stay within ers dedicated to full-time deployment – unlike the intimidating presence of a public order unit. certain limits, to get there quickly and still be the common seasonal status agencies use here. “As the crowd sweeps through the streets, able to perform the duties of a police officer Despite OPP expertise and the opportu- officers just ride the bikes alongside them. They when arriving at a call.” nity to be formally trained, the force does not can control the crowd and there is the advan- Things are a little different when you’re have a dedicated bicycle unit program. It’s up tage of having the bike as sort of a fence, if on a bike, advises Carlson, noting there’s noth- to each detachment to decide when and how you will.” ing to prevent officers from getting off and to deploy patrols. Bicycle patrol is also a great public rela- reverting back to the training all police offic- The drive to move the OPP bike program tions tool, Whaley says, and getting officers ers receive. forward comes from the community because out of the car and onto a bike once in a while “When riding, you are going to be wear- they are the ones who see the value in it, helps detachment morale as well. ing gloves, and normally you don’t shoot with Whaley says. He feels the public is more apt to gloves on, so the weapon has a different feel communicate with officers on bicycles. Patrol tactics & handling skills and it handles a little bit differently when you OPP cyclist instructor Cst.Rob Mellon The training course covers fitness and nu- are doing mag changes, things like that.” concurs. Having spent his entire 18 year ca- trition because of the physically demanding As a firearms and self defence instructor reer on Manitoulin Island, he says the eight nature of bicycle patrols and teaches officers at the Ontario Police College, Carlson puts of- communities there have embraced the pro- how to use their bodies properly and avoid spe- ficers in situations that simulate vulnerable situ- gram with open arms and it’s to the point cific cyclist injuries. Whaley says you have to ations, such as firing and defending yourself where they are now demanding it be incorpo- have a fairly decent aerobic capacity to be able with a bicycle on top and in front of you. rated in the business plan.

Blue Line Magazine 56 AUGUST / SEPTEMBER 2006 Cost effectiveness is also tempting serv- course, where officers learn how to safely ride the Law Enforcement Bike Association and the ices to explore bicycle patrols, he says, noting in traffic, speed skills, basic equipment needs, International Police Mountain Bike Association. they are cheaper than cruisers and motorcycles, maintenance and fitness and nutrition. It is “I think Canadian agencies are now catch- though there are costs involved. geared towards crowd control. ing onto the idea that bicycle patrol is not just “Having a bike that works well and is safe Level two deals with actual bike patrol a great public relations tool,” says Whaley. can be an expense over time so we give you and the tactics involved in policing on a bike; “You used to have your community services some very basic maintenance things,” says firearms training and advanced riding and officer ride the bike once and awhile, go to the Mellon, a certified bike mechanic. Bicycle low speed skills. This level is geared more schools and talk to the kids about wearing their manufacturing companies have also noticed the towards officers seeking to patrol full-time helmets. That is all great, but now we are real- trend and have police specific models built to on bicycles. izing that when you patrol with a bike prop- take the abuse of patrol work. Any police service that deploys bikes will erly, you can catch a lot of bad guys.” The OPP training programs cover two lev- have some form of training available, including For more information contact; [email protected] els of cycling; the first is basically a bike safety two major training forums in North America;

Blue Line Magazine 57 AUGUST / SEPTEMBER 2006 Case Law: proving a gun in court By Cst. Rob Duttchen item used in the offence was a firearm without having to ten- The seizure of illegally pos- der the gun as an exhibit. This sessed firearms, or firearms used may be due to the firearm not in offences, seems to be occur- having been recovered subse- ring with increased regularity. quent to the crime. These cases often require police members to provide proof that Call the owner of the the item seized is a “firearm” as gun to testify defined in s. 2 of the Criminal R. v. Sibbeston (1991 NWT Code of Canada. As a result, an Supreme Court) investigator can be left scram- Although relying on the bling in response to a Crown re- testimony of a civilian gun quest received days before a pre- owner is not the ideal investi- liminary inquiry. The courts, gative avenue, courts have rec- however, have provided clear ognized it as a valid method of precedence that allows police proving that an exhibit meets members to meet the evidentiary the s.2 definition. burden. Courts have accepted the following techniques as Testimony of a means by which an exhibit can Firearms Expert be proved to be a firearm. R. v. Cservik (1991 ONT Provincial Court) Seizing police member When a gun is not sent for test-fires weapon forensic analysis, and the po- R. v. COOK (1985 MB Court of Appeal) certificate of analysis may then be issued and lice member cannot undertake a test firing of The courts have recognized that when an subsequently served on the accused. This is the gun, it can be submitted to a firearms ex- investigator test-fires a weapon, and provides similar to the certificate used in breath-testing. pert. On examining the firearm, the expert can testimony to the court regarding the results of Proof-of-service and notice-of-intention to pro- then provide opinion testimonial evidence to that test, the successfully tested item can be ruled duce the certificate must be demonstrated to the Court as to whether the weapon falls within a firearm within the meaning of s. 2. This method the court. When a firearm is submitted to the the s.2 definition. The expert may also test fire is used extensively in Ontario where forensic RCMP Forensic Laboratory, a certificate of the weapon and provide evidence of the test laboratories will only conduct test firings of guns analysis will be issued at the investigator’s re- result. that have been modified. As a result, various quest after the firearm has been examined. departments have developed protocols to have Circumstantial Evidence specialists within their department or investiga- Proof the gun was fired during R. v. Roberts (1998 N.B. Court of Appeal) tors test-fire the weapons. the offence In the cited case, the accused was charged R. v. Osiowy (1997 AB Court of Appeal) with discharging a firearm with intent to en- Certificate of Analysis Proving a firearm by this method requires danger life. A witness testified that the accused Sec 117.13 C.C.C. the balance of physical and circumstantial evi- was observed with a gun in his hand and a shot s. 117 of the Criminal Code provides, pur- dence to corroborate the discharge of the was heard. The victim testified that he heard a suant to the terms within sub-section ss.117.13, weapon in the commission of the offence. “whiz.” The trial judge accepted the testimony for examination of an exhibit by an analyst. A This method allows the Crown to prove the of the victim and witness that the object used was a firearm. In this case no firearm was ten- dered as an exhibit. Being conversant with each of the cited cases allows you, as the investigator, to col- laborate with the Crown prior to your case coming to trial. Ultimately the Crown may request a test firing of the seized weapon by the police member or the crime lab. It is important that we are able to discuss all available evidentiary avenues with the Crown and present options. This includes reminding prosecutors that any request to the RCMP crime lab will take a minimum of 90 days to complete. When a firearm is seized during the course of an investigation it is imperative, where firearms charges are laid, to prove the exhibit is a firearm. Investigators always strive to bring the best possible case before the Courts. Ensuring, prior to the preliminary enquiry, that an exhibit can be proven to be a firearm in Court is essential to successful firearms prosecutions.

Rob Duttchen is a constable with the Winnipeg Police Service working out of 11 Division OCS Task Force. This article has been reprinted from the Winnipeg Police Serv- ice Spotlight Newsletter of April 2006. It is not intended as an overview of WPS policy. It is only relevant as a topical overview of relevant case law.

Blue Line Magazine 58 AUGUST / SEPTEMBER 2006 Blue Line Magazine 59 AUGUST / SEPTEMBER 2006 Job sharing benefits everyone by Val Hoglund Our research also took us south of the border. Alas, we learned A rewarding police career that job-sharing isn’t as com- and a chance to pursue other mon in the United States as it goals in life – you can have is in Canada. I presented infor- it all. mation on job-sharing at a con- The Edmonton Police Serv- ference in Colorado and it was ice (EPS) assists its members exciting to see some agencies with young families to pur- respond by initiating it. sue education or embark on After a review by our job- retirement through its job sharing committee, eligibility sharing family support pro- for the EPS job-share was ex- gram. It’s a win-win situation panded to include pre-retire- for all – and it is also simply ment and the need to care for the right thing to do. young children, complete edu- EPS was one of the first cation, care for elderly parents police agencies in Canada to or other circumstances pre- integrate job-sharing when it venting full-time employment. began the program in 1991 in Our modernized job-sharing hopes of lowering female at- program helps busy young trition rates, which were then men and women accomplish 62 per cent. In the past 15 life goals while continuing to years, no member has re- advance in their career. signed due to childcare rea- Equally important to sons. Clearly, job-sharing is an extremely ef- ton Police Association board and the EPS la- growing families and furthering education, the fective retention program. In recent years, EPS bour relations manager – and three females; a EPS is also committed to retaining indispen- has discovered that job-sharing benefits all our staff sergeant, the payroll supervisor and a con- sable senior members. Transitioning into re- members, not just childbearing women. stable (myself). tirement by job-sharing permits the member The force formed a job-sharing committee Thanks to the generosity and patience of to gradually reduce his or her workload. EPS in 2003 to update policy and so there would be police agencies across the nation, we imple- benefits by retaining the member, even if it is a formal committee to refer to. It was made up mented policy and contractual changes which half-time, as an alternative to losing them com- of two men; a sergeant who’s on the Edmon- aligned us with other Canadian police agencies. pletely to retirement. Among the highlights of the new job-sharing policy: 1. Permitted in all positions where practicable. 2. The opportunity for temporary acting assign- ments. 3. Expanding job-sharing to the detective/sergeant rank. 4. A minimum of five years service, though exceptions may be made. 5. Participants may job-share indefinitely, providing they meet the criteria, although program participation is anticipated to be three to seven years. 6. Participants may apply for promotion immediately after terminating a job-share agreement. Another aspect of the policy – a job-sharer is permitted six months to find a new partner if required, since the EPS does not accommodate half-time positions. Individuals are asked to give their job-share partner one month’s notice if they need to terminate the partnership and the EPS reserves the right to revert job- sharing members to full-time with one month’s notice. The benefits of job sharing to members includes: • Greater flexibility in balancing work and family responsibilities. • Higher level of job satisfaction. • Easier transition to full-time work. • Less stress and burn out. • A break from children. • A chance to keep skills current.

Blue Line Magazine 60 AUGUST / SEPTEMBER 2006 • A way of keeping your foot in the door. has job-shared for five to seven years to strive healthier family. • More time for continuing education. towards returning full-time, perhaps by suggest- Good employers who provide guidance • An opportunity to phase into retirement. ing they work three quarter time with a partner achieve satisfactory results, if they are lucky. Benefits for police agencies include: new to the program who is willing to work 25 Great employers who provide guidance coupled • Incentive for recruitment of new employees. per cent. To be effective, a job sharing pro- with opportunity are rewarded with happy and • Retention of trained and experienced gram should be structured while remaining flex- successful employees and a strong organization; employees. ible, motivating and practical. For example, there a win-win situation. If life is a journey and not a • Employees have more energy. is no use instituting a job-share program if you destination, then let’s build some forks in the • Higher productivity. are going to limit the tenure to only one year. road to create choices for our employees. • Employees are more innovative. The member may simply not bother, especially As an unknown author observed, “Noth- • One employee can act as a relief for another. if their motivation is to spend more time at home ing is stationary. We are always evolving. We • Less time off for medical appointments. until their children reach school age. are either moving forward or backward and if • Higher morale. Job-sharing is a progressive initiative you aren’t doing anything, you are moving • A wider spectrum of skills. that allows for flexibility in the workplace, backward.” • Lower rate of absenteeism. which encourages a healthy and productive The Employee and Family Assistance Sec- work environment, not to mention a much Cst. Val Hoglund can be reached at [email protected] or 780 421-2680. tion (EFAS) sergeant meets with each job-shar- more satisfied employee with a happier and ing member on an annual basis to evaluate how the program is working for them and to re-ex- amine their eligibility to continue. This also creates an excellent opportunity for the employer to ascertain desires for career development, which is key to sustaining a happy employee and vital to maintaining a dynamic and thriving organization. EPS recently began encouraging its job- sharing members to mix up their partnerships by applying for new postings. Again, this is part of career enhancement. It is crucial to support the member’s career development in order to encourage their return to full-time duties. Two members currently job-share as school resource officers. My partner and I job- share in the recruiting and diversity unit. As long as two job-sharers work in the same area, they don’t technically have to share the same office space. Although having two people sharing one position wouldn’t be practical in some jobs (ie. the canine unit), job-sharing is feasible in most areas of the service. It is nice to see men also benefit from job- sharing. Recently a male detective requested job-share for six months to stay home with his newborn child. A man who is nearing the end of his tenure with EPS job-shares; another does so while he completes his degree. As a member of the job-sharing committee, I am always searching for ways to improve our program. We are working on expanding the qualifying rank to include staff sergeants and are also considering different percentages other than the 50/50 split. For example, a member nearing retirement may be hesitant to cut their hours in half, but may be eager to try working only 75 per cent. A feasible partner for that member may be a female who has just finished ma- ternity leave. Many women find it absolutely daunting to return to work at all, let alone two days a week, however they may consider working one day a week to be a good compromise. In the above example, offering flexible percentages to these two employees may deter a retirement and dissuade a leave of absence. As a result, the organization has two employees working instead of one on leave and another gone completely. Another benefit to incorporating varying percentages is to assist job share participants as they move back into full-time positions. For example, you may encourage a member who

Blue Line Magazine 61 AUGUST / SEPTEMBER 2006 TORONTO — A three-member Ontario Court weapons. in pretrial custody. Auto theft is deemed a prop- of Justice has ruled that Ontario’s police watch- A coroner’s jury comprised of four men erty offence and the penalty is only differenti- dog correctly reinstated Toronto Cst. Rob and a woman, said imitation guns pose a seri- ated on whether the vehicle is valued at more Kelly, the subject of an RCMP sting operation. ous threat to police and society and made five or less than $5,000. The Toronto Police had appealed the On- recommendations to its effect. Justice Department official Robert Purcell tario Civilian Commission on Policing Serv- Two recommendations deal with getting says the province had raised the issue in meet- ices (OCCOPS) ruling to send Kelly, a 16-year pellet guns or air pistols treated as regulated ings last year with federal officials and justice police veteran back to work. firearms, and two others deal with how police ministers across the country. Superior court Justices James Carnwath, officers are treated following a traumatic inci- A stolen vehicle driven by an inexperienced Sandra Chapnik and William Whalen con- dent such as a fatal standoff. young offender can be “a time bomb” because curred with OCCOPS ruling that Kelly’s dis- Kolisnyk, 51, had spent five days inject- of the danger it poses to the public, Purcell says. missal was “unduly harsh and punitive.” ing cocaine with a woman when he startled a He suggests auto theft in some cases could Kelly was offered an ulimatum by his serv- passerby with what looked like a handgun. be considered a violent offence necessitating a ice - resign or be fired - after he admitted giv- A subsequent car chase by police officers young offender being held in custody. Any de- ing an informant cocaine on two occasions. led to a head-on crash with a cruiser in the park- cision on pretrial custody should be left to the The RCMP, who caught Kelly giving a ing lot of a strip mall. discretion of the judge, he says. police informant cocaine, originally targeted With his vehicle boxed-in by four police Court cases involving young offenders take the Toronto officer after an informant alleged cars, Kolisnyk started waving a gun and point- longer to resolve in Nova Scotia than anywhere he was threatened by Kelly. ing it at his head and the woman’s. else in the county, according to a report Purcell The thirty-nine year-old Kelly’s past ad- Not listening to officers’ requests to get out tabled to the inquiry. diction to cocaine paved the way for the rul- of the vehicle, Kolisnyk was shot dead by po- The report, called ‘Perspectives on Youth ing, citing the employer’s need to accommo- lice when he turned the gun in their direction. Crime in Nova Scotia’ says it takes 175 days date disabilities under human rights law. Officers later discovered an air pistol at to resolve such cases compared to the national “Whether you are a police officer, a law- the scene. average of 141. yer, a bus driver, or a journalist, that if you take Cst. David Tinnes told the jury he fired the treatment ... the employer has a duty to accom- fatal shot because he believed that Kolisnyk TORONTO — Transsexuals who are strip- modate you if you show you are rehabilitated,” intended to shoot the woman. searched by police have the right to choose says Ken Jull, Kelly’s lawyer. The province’s Special Investigations Unit between male or female officers or both to per- Initially facing two counts of possession found Tinnes to be legally justified in shoot- form the act, the Human Rights Tribunal of of cocaine for the purposes of trafficking, Kelly ing Kolisnyk. Ontario has ruled. pleaded guilty to two lesser charges of posses- The ruling derives from a pre-operative sion of cocaine in March 2004. ROCKVILLE, MD. — The Washington snip- transsexual woman complainant, who said she Kelly who has been suspended with pay, ers’ accomplice told a Rockville, Maryland was strip-searched by male Peel Region po- has been working in real estate. court that his colleague wanted to continue his lice officers, despite her request to have it con- terrorist ways on Canadian soil. ducted by female officers. *** Lee Boyd Malvo, who was charged in the The woman had apparently been searched AMHERST, N.S. — The new voyeurism sec- 2002 Washington-area sniper shootings, took on several occasions and was denied her re- tion of the Criminal Code has nabbed its al- to the witness stand and made his testimony quest each time. leged first offender in Nova Scotia and possi- against John Allen Muhammad. Police policy at the time was for a male of- bly all of Canada. Malvo, 21, gave a detailed account of the ficer to conduct the search because the complain- Thirty-three year-old Winston Charles planning that went into their three-week shoot- ant had not yet had sex reassignment surgery. Patriquin is alleged to have used a video cam- ing spree that left 10 people dead at gas sta- Officers cannot “opt out” of strip-search- era to secretly tape a girl having a shower. tions and parking lots in the Washington area. ing transsexuals unless they believe they have Patriquin is also charged with one count Muhammad had plans to set up shop in significant rights of their own to protect, the of knowingly accessing child pornography, Canada to train children how to terrorize cities tribunal also ruled. making child pornography, and possession of and “shut things down, ” Malvo revealed. He Peel Regional police have also been or- child pornography. testified Muhammad had grand plans to extort dered to produce a training video on “This is definitely the first case of (voyeur- millions of dollars from authorities, promising transsexuality for its officers. ism) to be tried in the province, and we think it to end the shootings. may be the first case in Canada,” Chris Hansen, The money was to be used to establish a FREDERICTON — New Brunswick has the spokeswoman for the Nova Scotia Public Pros- Canadian commune to train 140 homeless chil- responsibility to ensure bilingual policing ecution Service, said Thursday. dren in terrorist shootings and bombings to services in the province, says the Federal Ap- The new voyeurism offense increases the “continue the mission” elsewhere. peal Court. sentences for people convicted for possessing, Both Muhammad and Malvo were arrested The New Brunswick Acadian Society making and distributing child pornography or in October 2002, at a western Maryland rest stop. launched a lawsuit stemming from an RCMP committing an act of child molestation by en- Muhammad has already received a death officer’s inability to speak French to a Moncton suring those convicted serve jail time. sentence for a sniper murder in Virginia and woman stopped for speeding six years ago. Patriquin’s trial will be a precedent-setting Malvo got life in prison for his role. The lawsuit claims the force had the re- case, says Hansen, noting it is among the first sponsibility to provide bilingual services and cases to be tried in the country. HALIFAX — The Youth Criminal Justice the Federal Court agreed last year. If convicted on the voyeurism charge, Act’s stance on auto thefts poses a danger to The Appeal Court, however, ruled recently Patriquin faces a maximum five year prison the public and needs to be changed, the Nova that the RCMP’s responsibility is contractual, sentence. Scotia government told an inquiry. not constitutional. The Nova Scotia Justice Department wants Premier Bernard Lord says the province does *** Ottawa to broaden the act to allow for pretrial respect the guidelines for bilingual policing en- THUNDER BAY, ON. — A four-day inquest detention for youths charged with stealing acted in 2002 in the Official Languages Act. into the police shooting death of Michael motor vehicles. The case may be taken to the Supreme Kolisnyk concluded with the sentiment that Currently, only teens charged with violent Court of Canada according to Acadian Society imitation guns should be restricted like other offences or violating court orders can be held executive director, Daniel Theriault.

Blue Line Magazine 62 AUGUST / SEPTEMBER 2006 Police and psychologists aren’t so different use every day in your own jobs – stuff like ef- by Dorothy Cotton fective communication skills, stress manage- A funny thing happened on the way to a ment, self control strategies, effective mecha- conference in Calgary. The Outtatown police nisms for unbiased line-ups and motivation is- chief heard someone call his name and turned sues. I could go on and on but I am running out to see a local psychologist who turned out to of space. Suffice it is to say that I’m always be in town to attend the annual Canadian Psy- surprised when I think about how much our chological Association convention. occupations have in common – although many “Why are you in Calgary?” the psycholo- of you may not agree, or at least not completely. gist asked. “Not for the same reason I am, I I have noted that psychologists are not al- suspect!” Imagine his surprise when the chief ways on the top ten favourite people list of your told him he was also attending the convention. average police officer. The authors of Psychol- What on earth is a police chief doing at a psy- Another line of research looks at how well ogy for Police Officers observe in the preface chologist convention, you may ask. Well, for victims of crime actually remember what hap- to their book that many police share the com- the first time several sessions were devoted to pened. Do you ever wonder if the longtime mon public misconceptions that psychologists ‘police psychology’ and thus it only made sense delay between a crime and trial has an effect? can read your mind, analyze you and discover to have a police person there to make sure we It undoubtedly does – but the exact effect is... your secrets. were not all in left field – or at least no further under investigation at the moment. A few psychologists do that sort of thing, out in left field than psychologists ever are. My own special research interest involves although we’re not so hot at mind reading – Psychology and policing are alike in many looking at how police deal with people with you usually have to tell us what you are think- ways. Both professions are concerned with as- mental illnesses. There are all kinds of theories ing – but we are equally concerned with ways sessing, predicting and modifying human be- about whether mentally ill people get arrested to help ensure that you remember what went haviour, for example. I guess it sometimes more or less than others, but we don’t know for on in the morning briefing, for example. It’s makes police people a little uncomfortable sure which are true. I’m counting and will let not like we all spend our time in ivory towers when the behaviour psychologists want to as- you know, but meanwhile a Toronto colleague or plush offices; about 20 per cent of us have sess, predict and modify is theirs – but really, has found that, while you might spend a lot of been physically attacked by our patients. that’s not all we do. time responding to mental health crises, you do Try thinking of us as just another member Oh sure, psychologists do pre-employment a whole lot more than that for people with men- of the team. You might want to consider tak- screenings and fitness for duty assessments. tal illnesses. Our mission is to figure out exactly ing a psychology course. If your police serv- Sometimes we help figure out whether somewhat you do and its effect – and what the peo- ice doesn’t conduct pre-employment psycho- one is better suited for ERT, undercover work ple with mental illnesses think about it. logical screening, has no EAP program and or the canine squad; for the record, we do not Ever wonder if all those training sessions generally has no contact with psychologists, assess the canines, although that might be an you attend actually teach you anything? One you might want to consider changing that too. area that needs further development. We also of my Ottawa colleagues is looking at training We’re really not so scary. see police persons when their marriages are fall- techniques and has a suspicion that all the AV ing apart, the stress of a shooting – or organiza- aids, flashy bits and neat gizmos might actu- You can reach Dr. Dorothy Cotton, Blue Line’s psychology tional BS – gets to them or when they just need ally confuse as much as they educate us. Maybe columnist at [email protected], by fax at (613) 530- less is more. 3141 or mail at: Dorothy Cotton RTC(O) PO Box 22 someone to talk to outside of the guild. Kingston, Ontario K7L 4V7. A lot of the stuff psychologists do is more There is also all the basic psychology you related to what police do than who they are. Psychologists know a lot about human learning and memory so we might help develop education and training programs. We know a whole lot about measuring and evaluating so we might help measure things, assess change and see how things are working. We also know a lot about why people do the things they do – including bad things like crimes – so we can help get a handle of some aspects of crime. We know a lot about systems and organizations so often we can offer suggestions about how to run or change an organization, or even how to choose leaders. One psychology colleague from New Brunswick is up to her ears in a project looking at why some people (very few) are actually good at assessing other people’s credibility. How do they do it, you ask? Er, I’ll let you know when we figure that part out. As you know, police have to assess people all the time, figuring out, for example, if that guy is string- ing you a line or telling the gospel truth. Much as we all like to think we can tell the difference, the fact is that most (yes, even you!) are hopeless at this and might as well flip a coin.

Blue Line Magazine 63 AUGUST / SEPTEMBER 2006 Customs officer stands on guard for thee by Donna Jacobs The Ottawa Citizen

Sitting next to Toronto customs officer Donna Brown to watch TV interviews with the famous and the felonious makes for an ani- mated session in detecting deception. “Did you see that quick smile? Did you see how he touched his ear?” And, with killer Scott Peterson: “He would talk in bursts, would hesitate and then start again.” The Canada Border Services agent and former Toronto police officer can read micro- expressions — the involuntary, fleeting, hard- to-cover-up expressions that even the most self- controlled or psychopathic individual just cannot smother. She now uses her knowledge of face and body language and of speech patterns — on which she’s personally spent more than $65,000 and months of holiday time — to train hundreds of Canadian police officers. “I do it to keep them safe,” she says, to eral divisions, including the homicide squad, drugs, liquor, weapons — and on the terrorism give law enforcement officers an extra edge and did undercover work. Her career ended front, you’re looking for fraudulent identifica- against criminals. She does it on her own time abruptly in Florida when the motorcycle she tion and suspicious travel patterns.” And she and her own dime. “Police departments don’t was on was hit from behind by a 16-year-old found those, too. have the budget for this.” girl, drunk and high on cocaine. Terrorists are “very well-trained and, I be- (Her husband, Doug, a Toronto police ser- After doing private investigation and se- lieve, have an unlimited training budget.” And geant, teases her about “giving it away free.”) curity work, she became a customs officer. they can read law enforcement officers, she And, of course, she uses her skills to pro- These days, she’s up at 5:30 a.m. and goes says, sometimes better than the reverse. tect Canada — to assess people and goods at for a swim four times a week — “to clear my At Humber College, while studying terror- one of the busy southern Ontario commer- head for the day.” She gets to work early — ism, she learned how they finance, run and train cial operations of the Canada Border Serv- 7:45 for a toast-and-peanut butter breakfast terrorist cells. And she watched a training ses- ices Agency. with black coffee as she checks her computer sion for U.S. marines who were put through a She started taking courses and getting cer- for CBC news. mock hostage-taking — hooded, threatened tifications 25 years ago, after seeing an FBI On the job, she clears commercial ship- and tied. lecture. Since then, she has studied terrorism ments coming into Canada, along with the per- She is the only customs officer to complete and counterterrorism, behaviour, techniques sonal effects of immigrants, work permit hold- training at the Canadian Police College in Ot- for interviews and interrogations, statement ers and refugees. She verifies import licenses tawa, graduating in forensic interviewing, and analysis and anthropology (for culture-spe- and VIN and manufacturers’ numbers on vehi- the first Canadian law enforcement officer to cific behaviour). cles. She looks for stolen property, drugs, weap- graduate from the Federal Law Enforcement And, right now, she’s studying gang em- ons, software (that sometimes turn out to be Training Center in Glynco, Georgia. blems — sign language, vocabulary and ges- pornography) and religious books (that some- She’s taught some 35 courses (free) to po- tures that gang members use to communicate. times turn out to be anti-semitic literature). lice, and she’s taught at the Financial Manage- She starts her day with CNN for breaking She can seize them, arrest the owners or ment Institute in Ottawa, in addition to the occa- news, looking for world events that could af- forward information to customs’ intelligence sional course requested by her own department. fect the border —events in Iraq, Afghanistan division. She follows each murder of a police of- and U.S. security alerts. She was on the lookout for terrorists in the ficer, she says, and wonders: “How can I get She started her career as a clerk for the To- 1980s and 1990s when she worked at this training out there? If these officers had this ronto Police Services, where she studied po- Buttonville Airport, Toronto Island Airport and training, is there some way they could have lice procedure and policy. She quickly entered Pearson International Airport. “You get lots and predicted the violent behaviour and survived?” the ranks as a uniformed officer, served in sev- lots of smuggled goods — clothing, jewelry, And, in customs, she says, don’t underes-

Blue Line Magazine 64 AUGUST / SEPTEMBER 2006 timate the importance of catching smugglers, ficers trained. They have to read people. They even beer smugglers. Sexual predator and killer have to watch, look and listen.” Paul Bernardo bragged about smuggling ciga- Customs work has been particularly dan- rettes and alcohol across the border. “He was gerous for Canadian officers, she says, who one of those I-can-do-it-and-get-away-with-it — though unarmed — must deal with armed, people” who started off with what people dangerous and hostile people coming across would consider minor customs infractions. the border. “People have to take their own security (By autumn next year, the Conservative very seriously. If you know someone is smug- government plans to arm customs officers, gling, someone who has shot someone, why starting with higher-volume land border points, don’t you call that information into police? You such as Windsor and Peace Arch in British Co- don’t even have to leave your name. lumbia.) “Law enforcement needs to make it even Among officers in her own department, she easier. They need to have more phone lines and says, the training is “very rare, very, very rare.” places to drop off tips and photos. People are She estimates that 30 per cent of U.S. customs sometimes afraid to step out of the box, to take officers take such courses. a chance. Terrorists will hit our transportation, “There are so many law enforcement of- our communications. They will knock us down, ficers hungry for this training. They want to shut down the city. Just remember the summer pay out of their pockets.” of 2003 power outage. Sometimes they crash her sessions or ar- “Come on — it’s not rocket science. rive on their time off. “Everybody is so worried about video cam- Recently, at a retirement dinner held by the eras and invasion of privacy and worried about Toronto Police Association, a young officer, a giving police too much power. If you can’t get stranger to her, came up and surprised her by to work, if you can’t buy milk and bread be- buying her a beer. cause something has happened, then maybe He only identified himself as an officer you might not complain too much. who had sneaked into one of her sessions. And “We are at risk, no question.” she says, he said that what he learned there, he believed, partly because Canada has clearly taken an anti- had saved his life one night soon afterward, terrorism stand with its involvement in Af- when a high-risk suspect he was chasing turned ghanistan, and its close proximity to the U.S. out to be armed. “We should be more proactive, not reac- “He thanked me again, and said ‘I know tive,” says Ms. Brown. “We’re too lackadaisi- you don’t get paid for this. I’m off.’ “ She never cal, too laid back, too liberal. got his name. “The number one thing is to keep police, She turned to her husband: “That was just border and immigration and correctional of- like getting paid $10,000 cash.”

Coke shipment intercepted VANCOUVER — Cana- da’s Border Services Agency say the seizure of 50 kilograms of cocaine at Vancouver’s International Airport was one of the biggest in recent memory. Border services officers discovered the drugs during a tarmac examination of two suitcases from a flight inbound from Mexico. Upon lifting the suitcases, officers became suspicious of the mere weight of them and investigated. Officers found 45 bricks of cocaine inside the luggage, and turned it over to the RCMP’s drug section. “Just keeping the drugs off the street is the biggest reward,” said Canada Border Services Agency spokesman Janis Fergusson. “Our officers take pride in their work and look for this sort of thing all the time and when they make a significant seizure, it just goes to show the work they do is important.” At the time of the bust, it wasn’t determined where in Mexico the flight originated, however, an arrest is pending, says Fergusson. In 2005, more than 2,200 drug seizures were made by border services officers in the Pacific region.

Blue Line Magazine 65 AUGUST / SEPTEMBER 2006 Police Order of Merit appointments Forty four mem- Asst. Dir. Gen. Richard Deschesnes Asst. Comm. Darrell Wesley McFadyen Chief Marshall L. Chalmers bers of the Order Sûreté du Québec Royal Canadian Mounted Police Camrose Police Service of Merit of the For his contributions as an For outstanding leadership For exemplary leadership, administrator and manager, abilities within the Province innovation, and dedication in Police Forces re- and for his quiet, fair and of Saskatchewan, dedication the service of the citizens of ceived their effective leadership. to Aboriginal and community Camrose through commu- membership in- policing, and commitment to nity-based policing, and for signias from the integration of RCMP policing services exceptional contributions to the Alberta and Governor Gen- Doctor Ronald M. Fourney with other law enforcement agencies. Canadian police community. Royal Canadian Mounted Police eral Michaëlle For contribution to the use of Staff Sgt. William Randall Munro Jean in a cer- DNA typing in forensic sci- Royal Canadian Mounted Police Supt. Martin J. Cheliak emony in Ottawa ence, as well as for commit- For dedication and commit- Royal Canadian Mounted Police in May. ment to the effective estab- ment to the national and in- For outstanding leadership The order was lishment and operation of the ternational advancement of within various communities National DNA Data Bank as a significant the restorative justice, Abo- in Manitoba, Yukon, Ontario, approved by the criminal investigative tool that enhances riginal and community polic- British Columbia and Alberta, Queen in Octo- justice and safety for Canadians. ing programs. As an internationally recog- and, most especially, for ex- ber 2000; appointments recognize nized police expert, role model, leader, and emplary leadership as District Commander conspicuous merit and excep- Chief Paul Hamelin innovator he has brought great credit to on March 3, 2005, when four RCMP mem- tional service by police force Midland Police Service his police service and Canada. bers were slain at Mayerthorpe, Alberta. For dedication, integrity and members and employees whose commitment to the commu- Dep. Chief Susan P. E. O’Sullivan contributions extend beyond pro- nity, for developing police Ottawa Police Service Insp. Paul Richard Darbyshire tecting the community. professionalism and exper- For exceptional leadership, Royal Canadian Mounted Police All candidates for admission tise, and for advancing po- as well as for her drive and For exceptional service, should be of irreproachable char- licing issues throughout the Province of innovative spirit, which are compassion and dedication Ontario and Canada. highly valued throughout the to communities in various acter, exemplified by good con- policing community. parts of British Columbia. duct, industry and efficiency that Dep. Comm. Jay C. Hope serves as a model for others. Ontario Provincial Police Nominations can be submitted to For outstanding innovative the Canadian Association of leadership in his profession —Members— Dep. Chief Bartolomeo DiPasquale Chiefs of Police (582 Somerset and in the community, as Staff Sgt. Dominic J. Broaders Amherstburg Police well as for his trail-blazing Royal Canadian Mounted Police For demonstrating concern Street West, Ottawa, ON K1R work and commitment to im- In recognition of outstand- for the welfare of his fellow 5K2) by Sept. 15, 2006. prove public safety, to forge ties between ing leadership, dedication officers and his community More information or nomination police and communities, and to enrich the and commitment to the to the benefit of all, thus dis- forms visit www.cacp.ca. lives of others. Royal Canadian Mounted tinguishing himself within Police and for providing his profession. Photos: Eric Jolin Dir. John M. Janusz safety and security to the Service de police de Gatineau people of Canada. ——Officers— For his leadership, Insp. Karl H. Erfle Asst. Comm. Ian Edward Atkins dedication and vision, Chief F. Richard Bruce Ottawa Police Service Royal Canadian Mounted Police which have helped to Brandon Police Service For exemplary commitment For outstanding leadership advance the policing For remarkable police lead- in providing the highest and contribution to the ad- function across Canada, ership and dedication to the level of service to the com- vancement of an integrated particularly in Quebec. For his keen community, and for serving munity, as well as for out- model of policing within understanding of partnering, which has as a model for others in his standing leadership and Nova Scotia, the Atlantic contributed to greater quality of service pursuit of the ideals of fair- excellence in policing. Region, and internationally, thus ensuring and community safety. ness and equality in his community and in the safety and security of the communities society at large. being served. Chief Armand P. La Barge Asst. Comm. Barbara George York Regional Police Staff Sergeant John A. Buis Royal Canadian Mounted Police Chief Insp. Jacques Beaupré For contributing to ethical Royal Canadian Mounted Police For outstanding leadership Sûreté du Québec and competent policing, and For distinguished and self- abilities, commitment to the For his outstanding achieve- for being recognized within less dedication to commu- advancement of women in ments, which have shaped multicultural and faith com- nity, for his commitment to Canadian policing, and for the police practices of the munities as a champion of youth and those less fortu- dedication to the effective Sûreté du Québec, and for the people and a builder of bridges of trust nate, and for bringing credit delivery and management of human re- his leadership, dedication and tolerance between police and citizens. to the police force and to Canada by his sources, wherein she has become an in- and integrity. service at home and abroad. fluential role model for all police officers. Chief B. W. (Wes) Luloff Dep. Comm. John F. Carson Nishnawbe-Aski Police Service Chief Supt. Ruby Drucilla Burns Ontario Provincial Police For his pioneer contribution Royal Canadian Mounted Police Sgt. Warren S. Gherasim For distinguished achieve- to the development of First For outstanding contribu- Royal Canadian Mounted Police ments and exemplary lead- Nations policing, notably by tions to the development of Photo For contributing to the ership in addressing front- profiling the issues of leadership within the police advancement of community- line policing challenges in concern to his people and by community and for serving not based policing in the Ontario and Canada, and for defining a unique role for the police in as a role model by demon- available Northwest Territories and for demonstrating a strong sense of respon- increasing the quality of life for the people strating the highest standards of integrity leadership in fugitive sibility for the well-being of police officers of the Nishnawbe-Aski Nation and other and commitment for service to others. investigations in Canada and the Province and the community. Aboriginal communities. of Ontario. Constable Gérard Carrier Asst. Dir. General Steven Chabot Asst. Comm. Alistair Donald Macintyre Sûreté du Québec Sûreté du Québec Royal Canadian Mounted Police For his communication Insp. Douglas A. Handy For his ongoing commitment For outstanding leadership skills, attentive listening, Ottawa Police Service to his organization, colleagues abilities throughout the perseverance and loyalty to For distinguished profession- and partners. For his unwaver- course of several major his organization, which have alism and dedication to duty, ing convictions and for always criminal investigations, for made him a role model to as well as compassion for putting the interests of the pub- dedication to Emergency his fellow officers and an invaluable re- colleagues and the commu- lic and the Sûreté du Québec foremost in his Response Teams, and commitment to source in police communications, and for nity, which make him a role thoughts, decisions and actions. specialized policing methods. his outstanding commitment to duty. model of the highest order.

Blue Line Magazine 66 AUGUST / SEPTEMBER 2006 Chief Supt. John Francis Henderson Asst. Comm. Roderick Robert Knecht Chief Terrence M. McLaren Corp. Michael John Quinn Royal Canadian Mounted Police Royal Canadian Mounted Police Peterborough Lakefield Charlottetown Police Department For outstanding contribu- For outstanding leadership Community Police Service For exemplifying the highest tions to community and Abo- and meritorious service, par- For his significant contribu- standards of dedication, loy- riginal policing, for exemplary ticularly at the time of the tion to improving policing in alty, compassion and lead- leadership skills, for dedica- Kreaver Enquiry in Ontario Ontario and Canada, as well ership in providing high- tion to disadvantaged youth, and the seizure of two mil- as for playing a major role, quality police services to his and for commitment to community volun- lion documents. through his leadership skills and deter- community and others. tary service. mination, in community efforts to reduce violence. Chief Inspector Mario Rancourt Inspector Daniel B. Jones Captain Réal Lagacé Sûreté du Québec Edmonton Police Service Sûreté du Québec Chief Supt. Robert Wilfred Paulson For the creativity with which For valuable and dedicated For his commitment, initiative, Royal Canadian Mounted Police he transformed each unit for service to local, national and talent for mobilizing others, For distinguished leadership which he was responsible, international policing, bringing exemplary work and achieve- in the development, imple- continuously improving pro- distinct credit to himself, to the ments, which do honour to the mentation and promotion of cedures, and for his strong advanced investigative Edmonton Police Service and Sûreté du Québec. commitment, discipline and passion, which techniques in major criminal to the international policing community. have inspired the Sûreté du Québec and investigations. its members to excel. Cst. Joseph Robert Sylvain L’Heureux Royal Canadian Mounted Police Chief Insp. Francis Pelletier Staff Sergeant James R. Kay For serving as an exemplary Sûreté du Québec Insp. John C. Ratcliff Royal Canadian Mounted Police member and as a model for For his rigorous analytical Edmonton Police Service For outstanding leadership his peers, both profession- skills, political acumen and For his dedicated service as and distinguished service to ally and personally, and, ability to mobilize his col- a senior officer in the Ed- his peers and to citizens of through his professional and leagues and to reconcile the monton Police Service, for Canada and for contributing community involvements, for greatly ex- competing interests of a his volunteer work in the to overall community ceeding expectations as well as the duties number of police services with a view to community, and for bringing development. assigned to him. improving the quality of services offered distinction to himself, to the Edmonton to the citizens of Quebec. Police Service and to the community. Staff Sgt. Robert Frederick Kempf Royal Canadian Mounted Police Constable Carol J.J. Locas Dep. Chief Rod A. Piukkala Constable Walter J. Silver For providing the highest Royal Canadian Mounted Police Durham Regional Police Royal Canadian Mounted Police level of dedicated and com- For outstanding service to For distinguished and out- For his commitment and passionate police service to ordinary citizens, and for his standing leadership, and for dedication to the youth of his many communities and citi- enthusiasm, optimism, em- significant achievements in community, and for his genu- zens—both in Canada and pathy, professionalism, and race relations, diversity, ine concern in helping them abroad—while building cooperative work- dedication to the community homicide investigation, as develop strong ethics and ing relationships between Canadian and in general, and to young people struggling well as in national and international po- morals to guide them in their future role of foreign police agencies. with addiction problems in particular. lice training. leaders of the community.

Blue Line Magazine 67 AUGUST / SEPTEMBER 2006 Bart Hendriks, Toronto Police Service Final in a series on Canada’s front line street officers by Robert Lunney Eaton Centre, a continuous crime of opportunity. “You never strip of densely packed, low know when a single recorded in- The longest street in the world, rise shops and restaurants and cident of person, place, time and stretching 1,896 kilometres, a major entertainment site at date may prove critical to some- Yonge Street would seem the recently constructed thing important,” Hendriks says. a daunting prospect for a Dundas Square. TPS partners with medical foot beat assignment but The Bay Street financial authorities to minister to psycho- Toronto Police Service district, which borders one side logically troubled and handi- (TPS) constables Bart of their beat, has scores of of- capped people found on the Hendriks and Peter Murphy fice buildings, hotels and the street. Two officers work in a aren’t complaining. main campus of Ryerson Poly- team with a public health nurse The pair patrol a 15 block stretch of Yonge technic University. Toronto’s to offer assistance. When aggres- and a strip of adjoining streets in the center of multicultural population en- sive panhandlers become a nui- Canada’s largest and most diverse city. TPS sures diversity and, of course, sance to shopkeepers or passers- Chief Bill Blair restored their and other down- Yonge Street has its share of ec- by, Hendriks and Murphy move town Toronto beats as part of the force’s com- centric characters and homeless in and, in most cases, diplomati- mitment to crack down on street crime and re- street people. cally resolve the problem. They assure the public of a safe and secure down- Youths from all over, includ- also work closely with security town environment. ing gang members, congregate staff at the Eaton Centre and Hendriks works out of 51 Division, a re- around Dundas Square and the Eaton Centre. check the public corridors connecting transpor- cently rejuvenated heritage building converted Rivalries are common and many of these young tation hubs. to police use. He and partner Peter Murphy, men are sensitive to personal slights, real or im- The Downtown Yonge Business Improve- who works out of the adjoining 52 Division, agined. They have a tendency to anger quickly ment Area office is at Yonge and College, mid- are two of 20 experienced officers who con- and on little provocation. With some of them way up their beat, and is an excellent partner. duct highly visible beat patrols 24 hours a day. carrying weapons, problems can escalate with- It previously subsidized walking beat officers TPS selects candidates for their people out warning. A 15 year old girl innocently cross- on Yonge and is currently studying the efficacy skills and knowledge of the job. Hendriks ing Yonge last year on Boxing Day was killed of locating video surveillance cameras in the honed his people skills working in various de- when shots were fired over some supposed dis- area. TPS makes frequent use of video images partments, including traffic, criminal investi- pute involving suspected gang members. from private security to ask for public assist- gative bureau and the fraud squad. With his 35 While shootings in other parts of the city ance in identifying culprits. years of varied police experience, partner are widely publicized and deplored, the public Tourists seeking information about the city Murphy is a natural for the role. The team are was exceptionally troubled over this crime, in and its attractions are a constant feature of the always on foot except when they use streetcars a heavily traveled block in the city centre dur- beat officers’ streetscape. They find these con- or the subway to make up time. ing the festive season. With the prevalence of tacts pleasant and entertaining. Toronto has a The Yonge Street strip between Queen and guns and gang members, Hendriks agrees that large fleet of taxis patrolling Yonge and the Bloor streets is a heavily traveled vehicle and officer safety is always a concern. Beat offic- downtown and Hendriks reports an amicable pedestrian corridor. It encompasses Toronto ers call for back up if they are outnumbered in relationship with the drivers and beat officers. a confrontation, but their first and most effec- The cabbies can be a vital source of informa- tive tactic is their skill in dealing with people tion on street crime and criminals, while the and defusing conflict. officers coach them to service and use their Beat officers monitor problem locations mandatory in-car video cameras, vital to de- identified by hot spot analysis and daily brief- terring and identifying would-be assailants. ings and develop their own sense of where they The objective of the beat patrol is safe should spend their time. Street drug dealing streets and, while analysis over time will de- requires constant attention, since “drugs and termine the impact on divisional crime statis- weapons go together,” Hendriks notes. “We talk tics, there is little doubt that the general pub- to the kids. The troublemakers don’t like it and lic, business people and shopkeepers welcome move along. Others stay to talk and our vis- the increased police presence. ibility and influence is a good thing. “It’s a unique job with lots of variety,” “There have been times when members of Hendriks says. “Our principal objective is for the public have not stepped forward to provide the police to be visible to the public and, al- information to police, but we find that, because though our role is mostly preventive, our pres- we are accessible and interested in engaging ence and our intelligence on street conditions with them, people will readily offer informa- keeps the problem people on the move and tion on drug dealing, weapons and suspicious makes the bad guys apprehensive. Our purpose behaviour without being asked. Other times, is to make the city safer and improve the qual- of course, our informant is a competitor of a ity of life for all people working, living and dealer and the motive is to get even. We need visiting downtown. the help and co-operation of the public to help “I believe that we are making a difference.” us do our job more effectively.” Hendriks and Murphy complete contact Robert Lunney is the former Chief of Edmonton and sheets on regular street people who are con- Peel Regional Police Services. He may be contacted via eMail to [email protected] . stantly on the move and habitually looking for a

Blue Line Magazine 68 AUGUST / SEPTEMBER 2006 Motorcyclists to invade Aylmer This ‘gang’ wears blue

Police motorcyclists from across North America will converge near the small Ontario town of Aylmer for the 8th annual Great Lakes Police Motorcycle Training Seminar, set for Aug. 23-26 at the Ontario Police College. Hosted by the Ontario Association of Po- lice Motorcycle Instructors, the seminar’s em- ards and progressive rider development pro- phasis will be to help riders of all abilities im- grams. With the police world implementing the prove their skills. A skills competition on the risk-management philosophy, it was inevitable final day will allow participants to show off that such a training medium would develop and what they learned. fill the learning void, organizers say. Although some officers might fear being The first event was held in 1999 and it has ‘put to shame’ by more skilled riders and there- since grown and developed into one of the lead- fore decline to attend, organizers stress there’s ing police training events in North America, nothing to fear. say organizers. “The seminar is one of co-operation in which the more experienced riders demonstrate Visit www.glpmts.org or contact OPP Cst. Lise Grenier at and offer advice to riders who are less experi- 705 323-5537 for more information. enced,” the GLPMTS web site (www.glpmts.org) stresses. “The courses are designed for riders of all abilities. The competitive awards are a goal for the riders to aim for, however each rider should have the attitude that they are there to better themselves, not to be better than the next rider.” The event has four aims, organizers says: 1) Establish and promote safe motorcycle riding skills within the police community; 2) Promote awareness of the police motorcycle officer in the public arena as a safe, responsible motorcycle officer; 3) Establish a cohesive fraternity and encourage kinship in the law enforcement motor- ing community; 4) Support local and regional charities affili- ated with the police community. The seminar attendees are tested on a variety of individual riding exercises designed with tight turns and lanes. Teamwork is also an area that is improved and tested during the four-day event with a course designed to test a team of two partner riders tethered together on their ability to operate in unison. This demanding and fun drill raises money for the designated charity. The seminar has been able to support local and regional charities through this and other fund-raising efforts. Last year’s event, held in Chatham, On- tario, was hosted by the Chatham-Kent Police Service and drew police motorcycle officers from as far away as Baton Rouge, Louisiana and Folsom, California. Like many areas of law enforcement, the police motorcycle component has become very specialized, requiring minimum training stand-

Blue Line Magazine 69 AUGUST / SEPTEMBER 2006 Lack of RCMP training makes waves by Jim Bronskill American Coast Guard personnel have told Lt.-Col. Bud Garrick was recently appointed as of being openly taunted by suspects aware of commanding officer of the Jul 04 2006 OTTAWA (CP) — military's National Investigation these limitations. Service (NIS) - a position You can lead a horseman to In some sections of the pilot project area, equivalent to a civilian deputy water, but you can’t make the report says, the distance between the coun- chief of police. The NIS is similar him into a trained sailor tries is less than 800 metres, meaning a smug- to the major-crimes units of most overnight. civilian police agencies, and is gler on a jet ski can make the trip in minutes. responsible for serious and The RCMP seems to During Shiprider, U.S. personnel served as sensitive investigations at have overlooked this Canadian peace officers under the direction of defence establishments across point when planning a the RCMP while in Canadian waters. Mounties Canada and around the world. joint patrol project with the United States Coast acted in a similar capacity under U.S. command Chief Terry McLaren of Peterborough-Lakefield Guard. when in American waters. Community Police has been sworn The Mounties neglected to provide mem- in as President of the Ontario The four vessels conducted 45 patrols and Association of Chiefs of Police. bers with actual marine-based instruction be- boarded 173 pleasure craft during the trial. McLaren, who succeeds Chief fore assigning them to vessels on the water- “The Shiprider pilot clearly demonstrated Armand La Barge of York ways of the Windsor-Detroit region last year, that a sustained working relationship between Regional Police, has identified a newly disclosed report reveals. victims’ rights issues, court security the RCMP and USCG is desirable and feasi- costs and human resources/police “The most glaring omission from the train- ble,’’ the report says. service funding as key areas for the ing was the absence of mock boardings and However, it stresses the RCMP must in- OACP to look at over the next on-water training scenarios,’’ says an internal vest “significant funds’’ into equipment and years. “Our role as police RCMP evaluation of the project. executives is to ensure our training if it hopes to pursue the Shiprider pro- services fulfill their responsibility to make every “Classroom knowledge is not sufficient to gram on a wider scale. community in Ontario safe for every citizen,” said Chief prepare an individual for the challenges of The report found that while the U.S. Coast McLaren. “I am honoured to follow in the footsteps of working on water.’’ Guard engages in marine operations on a full- so many distinguished police leaders who have held The evaluation notes the opportunity to the office of OACP President over the course of our time basis, the RCMP’s seafaring capabilities 55 years as the voice of Ontario’s police leaders.” practice in a controlled environment in advance are “limited at best.’’ of an operation is crucial to the success of mis- Sgt. Mario Beaulieu of the Quebec Provincial Only two of the 14 RCMP members who Police and his wife Sylvie Simard, a civilian sions and the safety of personnel. took part in the pilot were qualified boat op- employee, were tragically killed following a head- While there were no reported injuries, the erators. There were several equipment failures on collision. They struck an on-coming vehicle while absence of such training “could have created during the project. And the Mounties had no driving on a highway near Buckingham, Quebec significant liabilities’’ for the RCMP with re- after an eastbound car swerved into their westbound trained marine mechanics. lane. The male driver and the female passenger spect to the Canadian Labour Code, the report “This relationship is not sustainable and riding with Beaulieu and Simard survived the impact. adds. could conceivably be very detrimental to to The other driver, Michel Guigere Jr, 27, also died “Specialized skill-sets are required for the cross-border relations in those areas where in the collision. Police suspect alcohol may have effective and safe operation of the program.’’ Shiprider is active,’’ the report says. been a factor. The evaluation, completed in January, was “It is incumbent on the RCMP to ensure Ontario Provincial Police commissioner Gwen recently obtained by The Canadian Press un- Boniface says mistakes were that it is adequately prepared to assume the re- made on the day aboriginal der the Access to Information Act. sponsibilities of such an undertaking before it protester Dudley George was The two-week pilot project, known as expands Shiprider to a Force-wide initiative.’’ shot and killed at Ipperwash Shiprider, involved joint RCMP-U.S. Coast The report recommends the RCMP and Provincial Park. Boniface told the Guard patrols on the St. Clair River and sur- Ipperwash inquiry that officers U.S. Coast Guard explore the possibility of two could have handled certain things rounding waters in mid-September. pilots, each four-to-six months in length - one differently, however, did not Mixed crews with members of both agen- in an inland area, another in a coastal region - specify what errors were made. cies manned four 25-foot boats during the ex- to “more accurately assess the viability and im- Boniface says she is committed periment, intended to improve the efficiency to “looking forward, not backward” pact’’ of an ongoing Shiprider initiative. in an effort to change the OPP’s of policing international waters. RCMP Cpl. Natalie Deschenes, a spokes- handling of aboriginal affairs. She says she will follow Generally, the RCMP and U.S. Coast woman for the force, had no comment on the incoming recommendations by Justice Sidney Guard must cease chasing suspects into each contents of the evaluation. No final decisions Linden, who is presiding over the inquiry. other’s waters, even if they are in hot pursuit have been made on whether to pursue Shiprider of a possible smuggler or other criminal. further, she added.

Blue Line Magazine 70 AUGUST / SEPTEMBER 2006 Blue Line Magazine 71 AUGUST / SEPTEMBER 2006 DNA data bank cementing its legacy Push on for expansion by Ryan Siegmund

The National DNA Data Bank (NDDB) is likely causing some sleepless nights for convicted offenders. Functioning much like a savings account that earns interest, police are cash- ing in on yesterday’s successes – the more DNA profiles deposited, the greater its potential to solve crime. The NDDB celebrated more than its sixth anniversary in June; it also marked its 5,000th hit (match of crime scene evidence with a convicted offender). It also has achieved 815 forensic hits (matching evidence from one crime scene to another). Located at RCMP Headquarters in Ot- tawa, the NDDB is part of the RCMP Foren- sic Science and Identification Services (FSIS), which has established itself as a valuable tool in linking crimes where no suspect has been identified, identifying and eliminating suspects and determining whether a serial offender is involved. The post-conviction NDDB has helped law enforcement investigate 339 murders, 776 sexual assaults, 119 attempted murders, 662 armed robberies and 3,071 break and enters – and the numbers keep growing. Since its inception, the bank’s effective- ceive. The NDDB currently has 23 staff, con- The NDDB has forwarded approximately ness has become increasingly apparent, with sisting largely of scientists and technologists 65 international search requests on behalf of almost half its overall hits (2,323) occurring with specific training in molecular biology, bio- Canadian police forces and has received more last year alone. Comparatively, the NDDB had chemistry or biology. than 170 requests to search its database from just 25 hits in its first year of operation. The data bank is responsible for two sepa- international partners, with most coming from rate entities – the Convicted Offender Index the US. Making a good thing better (COI) and the Crime Scene Index (CSI). Both In order to submit and get results quickly, The bank could be an even more effective have DNA profiles entered into the data bank. Interpol has designed and launched a new, on- crime fighting tool, several police organizations Convicted offender samples are taken un- line global database called DNA Gateway, ac- have told parliamentary committees, if the der very controlled conditions, allowing staff cessible via I-24/7 by police in member coun- DNA Identification Act is changed to increase to “batch process” the samples in an automated tries. This enhances the ability to match DNA the number of eligible offences. Federal jus- fashion, garnering excellent quality, says Blais. profiles across all major marker systems and tice minister Vic Toews proposed reforms in “Although we can process urgent samples to make instant international ‘cold hits,’ which June, which, if passed, would require crimi- for a specific request in a very short time match individuals or crime scenes with no pre- nals to provide DNA for more offences, includ- frame, in order to be cost efficient and effec- vious connections. ing attempted murder and conspiracy to com- tive, we batch lots of 84 samples at a time,” Member countries can submit DNA pro- mit murder. Blais says, adding the average turn around of files electronically, conduct automated searches Individuals who fail to provide a required several hundred samples in a week is between and receive positive or negative replies. Like DNA sample would be charged with a crimi- four to seven days. the NDDB, all information must conform to nal offence. Collecting DNA samples from re- Submissions to the CSI are loaded by the strict privacy criteria. DNA profiles in the In- luctant eligible convicted offenders has been Laboratoire de sciences judiciaires et de terpol database are anonymous and member the NDDB’s biggest challenge to date. medecine legale in Montreal, the Centre of Fo- countries retain control of how the informa- If the amendments pass, police investiga- rensic Sciences in Toronto and the six RCMP tion is used and accessed. tions could be wrapped up much easier and FSIS laboratories across Canada. The system allows police to know imme- quicker, Toews says, noting it would represent Once DNA profiles are loaded in the bank, diately whether a person of interest to them is a deterrence factor as well. several match comparisons can be run in a sin- also a suspect in another country, says Interpol The RCMP does not think the inclusion of gle day if a laboratory has a special request Secretary General Ronald K. Noble. more eligible offences will slow delivery of re- due to an ongoing investigation. “The beauty of Interpol’s DNA Gateway sults, say RCMP spokesman Sgt. Martin Blais. is that it offers investigators around the world Although Blais admits it’s difficult to deter- International DNA sharing a fast and secure way to link cases which would mine how much the bank would grow, he notes The international sharing of DNA profiles otherwise never be connected, and to do so it was “built to process many more samples occurs with international partners through without compromising either criminal investi- than it receives under the current legislation.” agreements with Interpol, as stated in the DNA gations or the privacy of citizens.” The FSIS was given more funding in the Identification Act. The current agreement with Interpol reports the database, which con- March federal budget, in anticipation of the in- Interpol, which operates the global DNA data- tains some 65,000 records from 37 member crease in crime scene DNA samples it will re- base, serves 181 countries. countries, has already led to 93 matches.

Blue Line Magazine 72 AUGUST / SEPTEMBER 2006 SUDBURY POLICE SHAVE THEIR COMMUNITY

Sudbury police and emer- fundraising event,” he says. gency services are claiming Participants ranged from children as young a new world record for the as two years of age to a gentleman in his 80s most heads shaved in a four and even three generations of one family, hour period. Markiewich notes. A record 89 women partici- In partnership with North- pated in this year’s event and the five “com- ern Cancer Research, Canadian mitted” local hair stylists shattered last year’s Cancer, INCO and a multitude of businesses benchmark of 228 heads in just 51 minutes and and school boards, police officers and emer- 25 seconds. gency service personnel made the fourth an- They had shaved 622 heads by the 2:39 nual Shave for the Record the most successful mark and by the time the four hours were up, a yet. total of 819 committed people had their ears The event, co-ordinated by the Greater raised by the speedy stylists. Sudbury Police Service, raised just over “I could not have been more proud of this $100,000 last year, and organizers set a goal service, our community partners and, of course, of doubling that amount this year and break- our community,” commented Chief Ian ing the old Guinness record of 228 heads Davidson. “Not only did we exceed our goal shaved. Through great collaboration and strong of $200,000, we have raised in excess of promotion by media partners, the city “got on $340,000 dollars that will be put to very good board like never before,” says Dan Markiewich use in our community.” of Sudbury Police. It’s not hard to find people who participated, “From the initial kick-off, where our own says Markiewich. “Everywhere you look, from Mayor Dave Courtemanche proudly shaved his city councillors, our mayor and members of the beautiful head of hair alongside our director of media to people in shopping malls, you will see corporate services... this event was destined evidence of this commitment... for success. This organization as well as the “Our community - our commitment’ is our many partners and stakeholders have rarely core value and that was displayed in a wonder- seen the amount of energy created from a ful way in this event.”

Blue Line Magazine 73 AUGUST / SEPTEMBER 2006 Electronic document management, please! by Tom Rataj courthouse, a clerical staff member then needs to find and copy the recognizance and infor- We were reminiscing recently about how mation form and stamp the copies as being cer- noisy it used to be on a busy night in the detec- tified true copies of the originals. tive office just 15 or 20 years ago. One of the Back into the mail system the copies go, loudest sounds was the clatter of six to eight finally arriving on the detective’s desk, where manual Olivetti typewriters as they were put they are filed with the paperwork to await the through their paces to turn out the paperwork trial date. required to get the ‘bodies’ being processed Clearly there are a number of serious is- before the courts or out the door on a Form 10. sues here with all the manual handling of pa- Multi page, carbon-paper lined forms were perwork and all the people involved in its han- carefully inserted in the battered old typewrit- dling, not to mention the quality of copies used ers, by at times equally battered old detectives, for investigations. who proceeded to hunt and peck their way through the keyboard. When everything was Document management done the forms were duly separated into their Converting this process to a simple and appropriate groupings and all the paperwork efficient electronic document management sys- was sent upon its way. a few minutes and eventually the production tem would eliminate the repeated handling and Obtaining copies of these documents at and storage of most paperwork migrated to synthesize access down to a few keystrokes and some later stage involved phoning the records computers, making them available online to be mouse clicks at the detective’s end. department, where a clerk took the informa- accessed when needed. In its simplest incarnation, all the neces- tion and headed off to search for the requested Unfortunately a few vestiges of the old ‘pa- sary documents generated at the courthouse, file. They would return in a few minutes and per’ paperwork process still exist, holding back such as signed informations and recognizances, usually announce that they had found it. If you efficient processing of bodies and paperwork and would be scanned into an electronic document wanted copies, the clerk would photocopy the creating a lot of extra work for a lot of people. repository before the end of the business day pages and drop them into the internal mail sys- by a courthouse clerk. This would be the last tem; you would usually receive them several Court records time the documents need be manually handled days later. A case in point, and one that just screams and would prevent any delays in their future Facsimile (fax) technology cut that wait to for an electronic solution, is access to court availability. produced documents. In a typical scenario, an With this basic system in place, a detec- individual is arrested for an offence and held tive investigating or processing an offender for for a show cause hearing the following morn- a FTC Recognizance charge would simply ing. Even though it’s a reverse-onus situation, search the electronic document repository, re- in which there are more than ample grounds trieve and print the appropriate documents and OPP hopes to ‘resolve’ old cases for a detention order, the individual is released attach them to the paperwork. the following morning on a recognizance be- Also, because documents scanned into this TORONTO — A new web site is being fore a judge or justice. type of system are generally at a far higher qual- established by the OPP that with the help of When the recognizance form is completed ity than the standard 200 dots-per-inch (dpi) of the public is hoping to identify dead and missing and signed and the individual is out the door fax machines, they are closer to the original and people in the province. (usually with a smirk on his face), the recogni- much easier to read. A more sophisticated sys- Descriptions and pictures and or artist’s zance goes into the fax machine and is sent tem could include document authentication renditions of human remains that cannot be down to the records department, where it rests processes, whereby all the documents are auto- identified will be posted on the ‘Resolve for a few hours or days before being entered matically authenticated on the day they are is- Initiative’ web site, say the OPP and the Ontario on CPIC and subsequently filed in the appro- sued and scanned into the system. coroner’s office. priate place. This would allow the electronic copy and Dr. Barry McLellan, Ontario’s chief coroner, The original remains with the information any printed versions to meet the requirements says the site will be one of the first of its type in form at the courthouse and, in most cases, a of being certified and true copies of the origi- the world to include pictures of the deceased that copy is also mailed or faxed to the detective in nals, eliminating the need to handle the docu- the public can access. He says a similar web- charge of the case. The individual often ments again in the future. based project in Las Vegas helped identify 12 breaches the recognizance within a few days The cost savings of such a system would people shortly after it was launched in 2003. and is re-arrested. During processing on the Fail be significant. Assuming a police agency al- Approximately 100 cases of unidentifiable to Comply (FTC) with Recognizance charge ready has the computer network infrastructure remains have been found in the province. and any new charges, a copy of the recogni- in place, the addition of a document manage- In addition, there are 200 missing zance held by the records department needs to ment system, even to address only this scenario, persons cases in the OPP’s jurisdiction, in be sent to the detective responsible for the new would be a simple short term project that would which the web site also has a section seeking charge, because not every detail is always en- pay for itself in short order. public assistance. tered on CPIC. As the project grows, McLellan says cases By the time the now twice faxed copy ar- Here today will date back further than the 30 year-old cases rives on the detective’s desk it is often poor While this may all seem like some future being investigated today. quality, only marginally legible and more of a technology, it is already available today in more- The OPP are planning to expand the web hindrance than a help. As the case approaches or-less off-the-shelf hardware and software so- site to include links to local police forces across a trial date, a certified copy of the breached lutions from a number of reputable vendors. Ontario so they can post similar cases from their recognizance and related information form is Perhaps one of the biggest names in the own jurisdictions. required to prove the charge. After the appro- software end of the electronic document man- priate request form is prepared and sent to the agement business is Adobe Corporation’s Ac-

Blue Line Magazine 74 AUGUST / SEPTEMBER 2006 robat line of products and its famous, univer- document scanning industry which offers a full sally compatible portable document format range of scanners. While the company only (PDF). The company’s software solutions pro- produces hardware, it works with a number of vide every facet of electronic document man- vendors that specialize in document and im- September 17 – 21, 2006 agement, from simply converting documents age management solutions, including Kofax International Association of Women Police and forms created in other software to taking and Dunord Technologies. Conference Saskatoon, SK acquired images of printed documents and con- Most entry-level document scanners cost Hosted by the Saskatoon Police and the RCMP, verting them to PDF. upwards of $500 and are compact devices about the conference will address topics such as Its product line also offers high-end docu- the size of desktop inkjet printers or fax ma- operational issues, forensics, management and ment authentication and electronic business (e- chines. They can scan between 15 and 50 leadership strategies, technological advances, human behaviour, diversity, education and police business) compliant document handling, elec- pages-per-minute and often do simultaneous governance. Information: www.iawp2006.com tronic signatures, document encryption and duplex scanning. Their bundled software gen- or contact Sgt Sue Grant or Sgt. Shelley Ballard auditing and just about anything else to do with erally includes an optical character recognition at [email protected] or 1-306- electronic document handling. Adobe does not component that converts the scanned image 220-4297(IAWP). Check out the video message provide any hardware but its product line is into computer editable text, as well as other from Wayne Gretzky! designed to work with virtually all industry utilities that automatically convert and save standard hardware. scanned documents into PDF format and cor- December 11-15, 2006 International Fraud Investigators Conference There are a number of big name manufac- rect most common scanning problems. These Sheraton Centre Toronto Hotel turers that produce dedicated document scan- entry-level scanners are designed for connec- Hosted by the Toronto Police Fraud Squad. ners specifically for purposes such as the solution directly to a computer. Provided will be a mixture of lectures, case tion outlined above. Workgroup or production scanners are studies and panels on a wide variety of fraud Kodak, best known for its photographic much larger and more expensive machines issues and practices. Cost $360.00 per person. papers and film, has a large international pres- which can scan more than 100 pages-per- For further information and contacts go to www.torontopolice.on.ca under seminars and ence in document scanners and related soft- minute and come standard with a complete conferences, or contact Allister Field at 416-808- ware. It offers a wide range of document scan- suite of automatic scanning optimization tech- 7332 or [email protected]; or ners, from small desktop models to large nologies, ensuring trouble free, top quality Kerry Watkins at 416-808-7311 or standalone ‘production’ scanners, and complete scans even from low quality originals. [email protected]. electronic document management solutions. Some of these devices are as large as free- The company’s ‘PerfectImage’ technology standing photocopy machines. Many connect April 24 & 25, 2007 automatically adjusts most common scanning directly to computer networks and are designed Blue Line Trade Show Markham, ON problems, such as rotating documents that were to function without having to be connected di- Exhibitors take advantage of the early booking inserted upside down, straightening pages in- rectly to a computer. special rate prior to December 1. Contact serted slightly skewed and correcting contrast, Tom Rataj is Blue Line Magazine’s technology editor and Kathryn at 905 640 3048 or [email protected] brightness and balance. . can be reached at [email protected] Fujitsu is another well-known vendor in the

Blue Line Magazine 75 AUGUST / SEPTEMBER 2006 Tactical flashlight Force option training Live fire training

The new STRIKER-VG LED tactical flashlight distributed by MD Charlton is a multi-faceted lighting tool that not only provides optimal brightness but PRISim PortableTrainer is a self-contained, also a uniquely programmed and field-tested high- judgment evaluation and force option training system Meggitt Defense Systems’ Road Range is a com- powered strobe light. This feature may momentarily that creates a safe, effective and realistic learning plete live firing training unit in a road-ready trailer. disorient and temporarily blind the aggressor. environment for law enforcement, military and The air-conditioned, ballistically-secure unit features Ultimately, it may cause them to turn away, ensuring security professionals. Even a small police three full shooting stalls, rotating target systems, and you the upper hand to either apprehend, immobilize department can now afford the PRISim software with a patented bullet trap. Units can be fitted together or escape. a system that is completely upgradeable. to extend range length.

Tactical clothing Command control system Odour filters

North Safety Products’ new Pancake Series Filters SEALS Action Gear is the Canadian distributor of provide odour relief from organic vapours, acid the Woolrich Elite Series line of “discreet tactical TACNET, an in-vehicle command and control gases and ozone. The P100 filter has an efficiency clothing” including pants, shirts and vests. Designed system that integrates in-vehicle electronics into a of 99.97% for protection against dusts, mists and and built for superior durability, practicality and single, user-friendly interface and allows for cross- fumes and is designed to fit under faceshields, onto comfort at an affordable price. Perfect for military, band interoperability of radio systems. TACNET North half masks or full facepieces and can convert law enforcement and security personnel who must supports both current and future in-vehicle into a pre-filter with an adaptor for North APR “blend in” while maintaining operational capabilities. technologies. cartridges.

Online courses Handheld computer Audio accessories

Trimble offers two base models for the Ranger Canadian Police Knowledge Network (CPKN) Handheld Computer, the Ranger 300x: 312 MHz Comtrex offers a new line of professional grade and the Ontario Police College (OPC) are offering processor, 64 MB SDRAM and 64 MB flash disk radio audio accessories featuring Kevlar reinforced online access to OPC courses, allowing officers the and the Ranger 500X: 520 MHz processor, 128 MB cabling which increases tensile strength and flexibility to take a wider range of courses as it suits SDRAM and 512 MB flash disk. Integrated Bluetooth durability. The surveillance accessory line is their work schedule. CPKN was created by senior short-range wireless is standard on the Ranger 500X designed with quick-disconnect acoustic tubes and police training professionals as a way to overcome and optional on the Ranger 300X. Integrated cables which are compatible with other leading emerging training challenges. 802.11b wireless is optional for both. brands.

Blue Line Magazine 76 AUGUST / SEPTEMBER 2006 Calgary Police Service introduces new recruitment strategies

As Calgary’s population continues to Unit. “We are opening our doors to all nent of the CPS staffing strategy. Re- grow, the city’s police service has under- applicants from Canada and the rest of the cently, the Service expanded its diversity taken an aggressive marketing campaign world and we encourage officers to apply.” outreach programs. The Recruiting Unit to attract more officers. The experience of officers entering is also working with the Diversity Re- With more than 1,500 officers and 600 through the DEO program will be recog- sources Unit and School Resource Offic- civilian members, the Calgary Police Serv- nized and they will receive the equivalent ers in identifying and attending various ice (CPS) is one of Canada’s largest po- salary, benefits and holiday time as a CPS related events (Cultural Events and High lice agencies and provides officers with officer with similar experience. DEO can- School Career Fairs). The Recruiting Unit numerous opportunities for promotion, didates will be eligible to enter the Calgary wants to increase awareness of the CPS professional development and specializa- Police Service and be recognized to a as an employer of choice, provide insight tion. Officers are also fortunate to have maximum of five years equivalent serv- into the Service and attract individuals strong community support. ice, with accompanying benefits. from diverse backgrounds to a career in The CPS Recruiting Unit has now ini- “The program reflects the efforts of the law enforcement. tiated two new recruitment strategies: par- Service to increase the number of suitable “We have been reaching out to ticipating in the Alberta Provincial Nomi- candidates applying to the CPS,” says S/ Calgary’s diverse population through nee Program and beginning the Direct Sgt. Watterston, “with the opportunity to participation in community events, Entry Officer program. start employment at a pay grade – includ- meetings with senior business leaders The Direct Entry Officer program ing holidays and benefits – up to and in- and elders, and increasing our partici- (DEO) is a recruiting strategy to hire excluding that of a first-class constable.” pation in cultural celebrations and perienced police officers from across The Provincial Nominee Program events,” says S/Sgt. Watterston. Canada. Applicants must have a minimum (PNP) is employer-driven and jointly “The Calgary Police Service values its of two years experience, including basic managed by the Alberta Government and relationships with our diverse communi- training, with an accredited police service Citizenship and Immigration Canada. It ties and those ethnic, religious and cultural and be currently employed (or employed allows employers to nominate interna- groups have contributed tremendous within one year) by a Canadian police tional candidates to fill positions within strength and vitality to our community.” service (including federal, provincial, mu- their organization. S/Sgt. Michael Watterston believes that all nicipal or regional agencies). Officers ac- The CPS Recruiting Unit will identify officers could make a home and a career cepted into the DEO program will undergo experienced foreign applicants and, if suc- in Calgary. “Calgary is a beautiful and a minimum two-week orientation and cer- cessful during the recruiting process, they active city.” tification program. This will include dem- will be provided a conditional offer of These programs are designed to attract onstrating proficiency in CPS policy and employment along with a nomination into qualified foreign applicants and experi- procedure and hard skills to ensure a the PNP program. This program assists enced officers to the Calgary Police Serv- smooth transition into the CPS frontline candidates in processing their immigra- ice. CPS invites all Canadian and interna- officer culture. The program will also have tion applications to Canada. tional officers to take advantage of these a field training component. “Calgary is a dynamic city with a di- new programs and join us in Calgary. “The Direct Entry Officer Program is verse and young population,” says S/Sgt. Detailed information about the Provin- an exciting initiative that will allow the Watterston, “The CPS is committed to re- cial Nomination Program is available at CPS to add skilled officers to our team,” cruiting qualified candidates that will re- http://www.alberta-canada.com/pnp/. More says Staff Sergeant Michael Watterston of flect the greater community, and help en- information on the Direct Entry Program the Calgary Police Service Recruiting sure the Service accurately reflects the city will be posted shortly on the CPS website, we serve.” www.calgarypolice.ca, or can be obtained Diversity is also a strategic compo- by calling the CPS Recruiting Unit at 403 206-8483.

Blue Line Magazine 77 AUGUST / SEPTEMBER 2006 A philosophy of sheep, wolves and sheepdogs by Dave Grossman and and can be violent. sound of the guns when needed. Loren W. Christensen They don’t harm Sheep pretend the wolf will never sheep but are a con- come, but the sheepdog lives for that “Most of the people in our society are stant reminder that day. Following 9/11, most citizens said, sheep. They are kind, gentle, productive crea- there are wolves in ‘thank God I wasn’t on one of the tures who can only hurt one another by acci- the land. Sheep planes.’ The sheepdogs said, ‘dear dent,” a retired colonel and Vietnam veteran would prefer God, I wish I could have been on one once told me. Less than six in 100,000 Ameri- sheepdogs to be of those planes. Maybe I could have cans murdered another person in 2004 and 290 sheep – until the made a difference.’ in 100,000 committed aggravated assaults. The wolf shows up. Warner Bros. Sheepdogs have only vast majority of people don’t hurt one another. Then the entire one real advantage – they Violence is still remarkably rare because flock tries desperately to hide behind one survive and thrive in an most people are sheep. It’s like a pretty blue lonely sheepdog. environment that would robin’s egg – the soft and gooey inside will The Columbine students would not nor- destroy 98 per cent of the grow into something wonderful, but the egg mally have had any time for police. When population. cannot survive without its hard blue shell. Po- their school was under attack though, offic- A study of violent lice officers, soldiers and other warriors are like ers had to physically peel these clinging, sob- criminals showed most that shell, protecting people from predators. bing kids off them. This is how the little specifically targeted vic- “Then there are the wolves,” the old war lambs feel about their sheepdog when the tims by body language, vet continued, “and the wolves feed on the wolf is at the door. looking for a slumped sheep without mercy. There are also sheepdogs Look at what happened after 9-11, when walk, passive behaviour and I’m a sheepdog. I live to protect the flock the wolf pounded hard on the door. Remem- and lack of awareness. and confront the wolf.” ber how America, more than ever before, felt dif- Like big cats, they choose victims least able to Violent people with no empathy for fel- ferently about police and the military? Remem- protect themselves. low citizens are wolves – aggressive ber how many times you heard the word hero? Some people may be destined to be sheep sociopaths. Those with a capacity for violence Understand there is nothing morally su- or genetically primed to be wolves or sheepdogs, and a deep love for their fellow citizens are perior about sheepdogs. A sheepdog is a but most can choose. More Americans are sheepdogs – warriors, able to walk into the funny critter, always sniffing around on the choosing to become sheepdogs. Todd Beamer, heart of darkness and walk out unscathed. perimetre, checking the breeze and barking for example, who uttered the words “Let’s roll” Sheep live in denial, not wanting to believe at things that go bump in the night. Young on Flight 93. In one hour, he and his fellow pas- there is evil. They generally don’t like sheep- sheepdogs yearn for a righteous battle; the sengers transformed themselves from sheep to dogs, who look a lot like wolves, have fangs old ones are a little wiser but move to the sheepdogs, saving an untold number of people. There is no safety for honest men except by believing all possible evil of evil men. — Edmund Burke. Denial turns people into sheep; they are 911 Supply 18 Law Enforcement Training & Supplies 58 psychologically destroyed by combat be- Accident Support Services International 47 Leupold & Stevens 15 cause denial is counterproductive and de- Advanced Interactive Systems 67 Mega-Tech 41 structive, resulting in fear, helplessness and Atlantic Police & Security Supply 57 Municipal Health & Safety 73 horror when the wolf shows up. Avion Travel 69 Panasonic 80 “Denial can be seductive, but it has an in- BCIT 52 Pelican 33 sidious side effect,” writes Gavin de Becker in Blueline Archive CD 44 Pride in Service 20, 48 his superb post-9/11 book, Fear Less. “For all Blue Line Reading Library 79 R. Nicholls Distributors 23 the peace of mind deniers think they get by Blueline Show Case 43 Road Safety Network 68 saying it isn’t so, the fall they take when faced Calgary Police Service 71, 77 Royal Roads University 59 with new violence is all the more unsettling.” Canadian Innovative Protective Sol. 60 SEALS Action Gear 38 Denial is a ‘save-now, pay-later’ scheme Canada Law Book 47 Second Chance Armor 17 for, in the long run, the denying person knows Cape Breton University 73 Seneca College 46 the truth on some level. The warrior must strive CS&P Architects 70 Stantec 65 to confront denial in all aspects of their life Cuff Cleaner Inc 55 Starfield Lion Apparel 21 and prepare for the day when evil comes. CVDS 65 Street Crimes 21 Being a sheep or sheepdog is not an ei- DaimlerChrysler 27 Teijin Twaron 35 ther-or dichotomy but a matter of degrees – a Dalhousie University 39 Telus 11 continuum. An abject, head-in-the-sand sheep Daniels Electronics Ltd 64 Tetragon Tasse 39 on one end and the ultimate warrior on the Dataradio 31 Toronto Police Service Fraud 44 other. Most of us live somewhere in between. davTech 36 Toronto Police Gift Shop 64 Since 9/11 almost everyone took a step up DuPont 53 Triform 19 that continuum. Sheep began accepting and EADS Secure Networks 4 TWB Design 63 appreciating warriors and warriors took their Federal Signal 9, 29 Underwater Kinetics 75 job more seriously. The degree to which you First Choice Armor 2 Victoria Police Department 67 move away from sheephood and denial deter- Forensx 5 Whelen Engineering 61 mines how likely you and your loved ones are Harley Davidson Canada 13 Winchester Ammunition 49 to survive, physically and psychologically, Infrared Technologies Canada 75 Wolverine Supplies 28 your moment of truth. Integral Designs 70 xwave 37 Itronix Canada 7 Zoll Canada 25 Retired US Army Ranger Lt. Col. Dave Grossman wrote On Killing and is an expert on human aggression. Loren W. Christensen is a retired Portland police officer who now writes and teaches martial arts. This edited article first ran in the June 2005 issue of Arkansas Lawman.

Blue Line Magazine 78 AUGUST / SEPTEMBER 2006 Blue Line Magazine 79 AUGUST / SEPTEMBER 2006 Blue Line Magazine 80 AUGUST / SEPTEMBER 2006