October 2016

OCTOBER 2016 2 BLUE LINE MAGAZINE October 2016 Volume 28 Number 8 Features 6 A regional partnership Three agencies cooperate to create a tactical team 8 Rural policing not what it used to be 10 Better by design New police campus gives sense of place 6 and ownership 14 Your backup memory Officers as witnesses - Changing notes - Part 2 16 Fighting graffiti with TAGS

10 18 Elevating police work Officers selected from the best of the best need to be treated as such 20 Disclosing evidence Revealing facts from weakest to strongest can be the best rule

Departments 38 Advertisers Index 38 Back of the Book 27 Close to Home 34 28 Deep Blue 36 Dispatches 26 Holding the Line 37 Market Place 23 Odditorials 36 Product Showcase 5 Publisher’s Commentary 24 Technology Case Law 32 Vehicle inventory justifies search 34 Search not justified, crucial evidence excluded

BLUE LINE MAGAZINE 3 OCTOBER 2016 OCTOBER 2016 4 BLUE LINE MAGAZINE PUBLISHER’S COMMENTARY Blue Line by Morley Lymburner Magazine Inc. Breeding contempt for the law PUBLISHER Morley S. Lymburner – [email protected] Photo radar and four-way stops breed public less than one in 100 motorists would contest contempt and are good indicators of traffic engi- their ticket in court. Most were too ashamed ASSOCIATE PUBLISHERS neering being usurped by municipal politicians. to even attempt a defence. Kathryn Lymburner – [email protected] Using four-way stops to slow traffic is Tom Rataj – [email protected] Ticketing motorists in school zones gives a feeble attempt to compensate for the lack them an immediate jolt of adrenaline and GENERAL MANAGER of properly instructed police officers tasked wakes up every driver who sees the officer ap- Mary K. Lymburner – [email protected] with enforcing speed limits. Speeding is now proaching the violator. A well instructed officer enforced only in the most egregious of cir- knows all this but the bottom-line junkies do SENIOR EDITOR cumstances. A collision at one of these crude, Mark Reesor – [email protected] not... nor do they care. ill-thought out corners is reduced to a ‘he said That camera in a box only makes things CREATIVE DIRECTOR — she said’ situation which no one can adju- worse. A citizen sleepily drives through a E. Jolene Dreja – [email protected] dicate. In most cases, neither vehicle stopped school zone, in some cases not even remem- correctly, if at all. The danger, of course, is bering they did so, in a routine commute to ART DIRECTOR when four-way stops signs become thought Janell Bemister – [email protected] work. Familiarity breeds contempt. Several of by motorists to be the default configuration. weeks later a photograph and bill for $200 plus MARKETING MANAGER Better use of yield signs would be far administrative fees addressed to the vehicle Mary Lymburner – [email protected] more effective and eliminate many arguments owner arrives in the mail. But the car owner presented in collisions. ‘He said — she said’ is can’t remember doing anything wrong. CONTRIBUTING WRITERS a little less subjective when one views where Remember that sage advice of parenting Dave Brown Chris D Lewis one car hit the other. Simply slowing down manuals? Discipline must be immediate and Michelle Vincent Mike Novakowski and yielding to the vehicle on the left closest to Dorothy Cotton Tony Palermo meaningful to be effective. Punishment for the intersection is much more palatable to the something done three weeks earlier has little AFFILIATIONS public and police. It effectively turns a four- or no effect. That ticket creates only enmity International Association of way stop into a pseudo traffic circle without for the system and the operations that set it Law Enforcement Planners the centre median and construction expense. up — and regardless of the source, it is always Canadian Advertising Rates Data Four-way yields make motorists more police who take the flak. International Police Association aware and alert, since they must pay closer As if this poorly thought out approach The Canadian Press Newswire attention to moving traffic approaching in all to traffic control and enforcement were not Access Copyright directions. Yields reduce a potential hazard bad enough, we now must contend with the by requiring right of way control over speed ravages of legalized pot. The statistics from SUBSCRIPTIONS that all but eliminates the requirement to our southern neighbour are ominous and pro- $30 per year; $50 for 2yrs; US & Foreign: $100 completely stop. Speed is reduced, as are phetic. The percentage of Washington state the number of frustrated drivers and officers drivers involved in fatal crashes went from ADVERTISING who have to whistle and pretend to look the 8.3 per cent to 17 per cent after marijuana was 888-640-3048 [email protected] other way. legalized. With no empirical research to tell Photo radar how much THC is too much, the courts fall www.blueline.ca This new-age budget saving traffic control back on officer observations. 12A-4981 Hwy7 East, Ste 254, system is terribly abused and puts enforcement How many offenders caught on the photo Markham, ON L3R 1N1 Canada firmly in the control of the bean counters and enforcement initiatives are impaired? With a P: 905-640-3048 F: 905-640-7547 bottom-line junkies who analyse productivity photo radar ticket we see the symptom but can [email protected] and revenue under the guise of traffic safety. do nothing about the cause. A distorted sense Any police agency using photo radar in of time and distance are the chief issues with PRINTED school zones needs to be asked: ‘What the THC consumption, so how safe will stop signs IN CANADA heck else are your officers doing at that hour or school zones be without a police officer to that is more important?’ subjectively determine a driver’s capabilities? ISSN# 08478538 School zones must be policed. Supervisors When a photo radar fails to take a picture of a working with well instructed police officers child being struck by a non-speeding but iPhone Blue Line Magazine was established in 1988 as an independent publication to inform, entertain, connect and educate those involved should strategically concentrate on ensuring distracted, potted up or drunk driver, perhaps in the law enforcement profession. With no direct control from an orderly and safe traffic movement in locations the local chief will reconsider staff deployment. enforcement agency, its opinions do not necessarily reflect those where they are most needed. Rush hour routes of any government or law enforcement agency. There is no easy or cheap fix to traffic safe- and school zones are givens. ty and a lot more grey matter must be brought The authors, advisors, and publisher accept no liability whatsoever for any injuries to person(s) or property resulting from application Our most precious future assets are walk- to bear on how and why we do enforcement. or adoption of anything presented in this magazine. Readers are ing to a facility tasked with turning them into But one thing is sure. Photo radar in school cautioned and advised that articles presented herein are edited and supplied for your personal awareness and should not be used for responsible, caring adults. Children are very zones is not the answer and symptomatic of a further action until appropriate guidance is received from a supervi- impressionable. Every agency would be well poorly managed police service. sor, Crown Attorney or other persons in authority. served by stationing a uniformed officer in All material submitted for publication becomes property of Blue their neighbourhood to be seen by all, and to Line Magazine Inc. unless arrangements have been made with the In honour of publisher prior to publication. ensure the journey to and from school is safe. Auxiliary Constable Glen EVELY © 2016 All articles are protected by copyright. No part of this Nothing a police service does should trump End of Watch - November 13, 2004 publication may be reproduced or transmitted in any form or means, this... Nothing! CANADIAN POLICE MEMORIAL electronic or mechanical, (including photocopying and recording or No electronic device passively sitting on by any information storage or retrieval system), without prior permis- DENIED the roadside taking pictures can be as effective. sion. Permission to reprint may be obtained in advance from Access SIGN THE PETITION Copyright 1-800-893-5777. In my day, I would hammer school zones and WWW.SurreyAuxiliary.org/petition

BLUE LINE MAGAZINE 5 OCTOBER 2016 A Regional PARTNERSHIP

Three agencies cooperate to create a tactical team

Photos Courtesy of Rick Hiebert at www.actionplusphoto.com

by Chris Flook own unique multi-jurisdictional regional police service, issues were visible. Member team; a first in Manitoba. availability and equipment wasn’t always They go by various acronyms — SWAT, Cst. Jon Goertzen of the Morden Police ideal and training varied based on when the TST, ERT, ERU, TRU. Most large police Service began the process in December 2013 constable had attended the police academy services have either full or part-time tactical after noticing a trend. The three services had or their last course. units, which have become integral to safely executed 14 CDSA search warrants over the The three services did a great job at sharing and effectively dealing with today’s policing last year. The warrant writers were busy and members and resources to execute warrants, but environment. making headway in combating local drug that also created an issue of working alongside Smaller municipal services typically rely networks, which at that time were primarily someone you were not familiar with. Proce- on established teams due to personnel and handling cocaine. dures and approaches differed slightly between cost restrictions but not so in the Pembina This was an alarming trend given that services, which also lead to constant learning Valley area of Manitoba, located 100 km the three services police about 40,000 peo- and adaptation. south of Winnipeg. During the summer of ple combined. The members executing the Goertzen proposed an answer to these 2014, the Altona, Morden, and Winkler police warrants did the best job possible with the increasingly dangerous and complex situa- services took the first steps to creating their resources available, but like every small tions. Create a joint specialized team of nine

OCTOBER 2016 6 BLUE LINE MAGAZINE Each team member takes a turn at planning and running a training day, which has the added benefit of focusing on areas the member feels may need improvement. Members also debrief their previous warrants, discussing the good and the bad, and either hand out or dream about new equipment. “The RSTT is one of the very first long term regional efforts between the three police services and has been a positive experience throughout,” says Winkler Police Service Chief Rick Hiebert. “Our unified goal to provide a greater level of safety for all during high risk situations has been met with resounding success.” As the first multi-agency tactical team in Manitoba, the RSTT will continue to break new ground with its multi-jurisdictional re- sponsibilities. Members are key to the team’s FRONT: Chris Flook, Morden Police; Cst. Devin Bell, Morden Police; Cst. Mark Legal, Altona Police; Cst. Arnie Klassen, success. Their dedication to training and con- Winkler Police. BACK: Cst. Phil Letkeman, Winkler Police; Cst. Sean Aune, Morden Police; Cst. Jon Goertzen, Morden ducting themselves in a professional manner Police; Cst. Jeff Thiessen, Winkler Police; Cst. Rick Wolfe, Winkler Police. has gone a long way with towards keeping the team useful. members drawn from the three police ser- has changed is the mindset of many and the Given the small area in which they oper- vices and task them with safely executing and realization that bad things happen to good ate, it is not uncommon to see a team member containing planned and unplanned high risk people. At the end of the day the police are “switch hats” once the all safe has been called situations. This would include CDSA search called upon to sort out sometimes dangerous and dive into the investigational side of things. and entry warrants and weapons, armed and situation in a safe and professional manner. This helps in getting the job done faster and barricade calls. This is when a well-trained team is not only a reduces overtime expenses. The idea was to provide a fast response to nice to have; it is a need to have.” resolve the situation or contain it until further The first official training began in November Future specialized support could arrive. Over the 2014 when the team spent a week with the WPS The RSTT will continue to train hard to course of the next eight months, Goertzen met TST to learn the basics of dynamic entry and ensure members are up to the task of providing with the three chiefs to work out the logistics, clearing. This was only the beginning. Members a safe resolution when called upon. With the manpower and support required. There were also trained on surround and calls, controlled help of a generous grant through the Manitoba plenty of things to work through based on the clears, breaching and tactical carbines. Justice Criminal Property Forfeiture program, individual needs of each service. The newly formed team board, made up of the team has been outfitted with the basic The next big question was, who could supervisors from all three services, provided equipment necessary to fulfil its role. help answer all these questions? The answers oversight and a minimum of one training day Members look forward to increasing their came in the form of the Winnipeg Police a month, allowing members to regularly work skill sets and expansion, which will allow flex- Service Tactical Support Team (TST), which on and sharpen their skills. ibility for call-outs. immediately embraced the idea of helping Training sessions are rotated to a different “Through continued training, the RSTT out and took on a big brother role to the locale each month. Each community has an will grow in confidence and numbers,” says emerging team. active volunteer fire department with excellent Morden Police Service Chief Brad Neduzak. Things were looking good on paper by training houses. These locations allow the team “There has always been a need for a team such the summer of 2014. Officers from all three a chance to practice their skill set. Off duty as this with the work that we do. The number services competed to be part of the first team. members assist as actors during the scenarios. of warrants that the RSTT has been involved Each candidate was required to pass an inter- The team also uses local schools and in so far, as well as the interest shown by other view process and meet physical fitness and commercial buildings as a training ground in officers, suggests that the RSTT will continue firearms standards. By the end of September, the evenings. This allows members to remain to be a successful and important part of the the first members of the Regional Support familiar with layouts and practice in hallways. Pembina Valley region.” Tactical Team (RSTT) were selected. The RSTT board recognizes the importance of The team was long overdue, said Altona regular training and the positive impact it has Chris Flook is a Constable with the Morden Police Ser- Police Service Chief Perry Bachelor. “What on how the team conducts itself. vice. He can be reached at: [email protected].

BLUE LINE MAGAZINE 7 OCTOBER 2016 RuralRural policingpolicing notnot whatwhat itit usedused toto bebe

by Peter Cantelon Growing community are transitioning from the rural to the urban”. Today’s officers still have plenty of du- With a ratio of one officer per 641 Morden, Manitoba has 7,700 residents, ties but they’re all directly related to law residents, some may think Morden is well give or take a few. Is the Morden Police Ser- enforcement in a rapidly growing community. policed but the need to cross-train means vice (MPS) urban or rural? It is both. The service has grown to 12 constables, two officers are often not on the street as they Although the MPS was once purely a rural sergeants, a chief, newly arrived K-9 Unit, a perform specialized duties related to their law enforcement agency, Morden has grown special constable and an admin. They deal unique training. substantially and the service now polices an with virtually all of the crime seen in a major “Our SOCO members can be taken off emerging urban area. metropolitan centre like Winnipeg, only on a the street for three or four hours to process a smaller scale. simple break and enter crime scene,” explains Beginnings With the diversity of crime comes a Neduzak. “There’s considerable amount of The MPS was officially founded in 1891 diversity of training and cross-training that time that the officers are taken off the street when James Atkin was appointed the first you might not expect in a community like when you start to branch off and specialize.” constable. His duties included acting as the Morden, including Scenes of Crime Officer town’s sanitation officer, nailing down loose (SOCO), traffic investigations, crisis negotia- Flexibility boards on town sidewalks, measuring water tion, commercial vehicle inspection, K-9, drug Given the force’s small size, the cross- levels in fire wells, enforcing the dog tax and investigation, intelligence, drug recognition, training can have its drawbacks but there are inspecting buildings. field sobriety testing, datamaster, basic fire- also many positives. A second constable was hired in 1931 as arms instructor, forensic interviewing, major “You can basically utilize one officer in a night watchman and two part-time officers, crimes and more. various areas,” said Neduzak. “In the bigger known as “Saturday Night Policemen,” helped Members receive most of this training centres if you are in a drug investigative sec- keep the peace during the overnight hours. through the Winnipeg and Brandon police tion, for instance, then that is exclusively what Morden constables continued doubling services and the RCMP and CPC courses you do. Those officers would not be attending as sanitation officers until 1950, when Bill in Ottawa. All of this specialized training is regular calls for service such as domestics, Larke was hired as the first chief, but were a result of Morden being situated in one of break and enters or alarm calls. still called upon for a variety of other duties, Manitoba’s fastest growing regions, which has “We have a couple of officers trained in including reading the town’s newly installed presented its share of challenges. drug investigations, but they still have to work water meters. Larke served as chief until 1978. “The biggest challenge is keeping up their regular shifts, take the calls, and deal A third constable was hired in 1964. Until on training with specialized services in the with all the other files as well, be it minor or this time, constables had no uniform and used various areas of police work,” said MPS Chief major in nature.” their own vehicles, including bicycles, for Brad Neduzak. “It’s no longer sufficient to While there has always been a level of transportation. Morden didn’t purchase its first just write parking and traffic tickets; there’s specialized training in the force, the amount police car until 1967. a lot more going on in our communities that and nature of it has changed over the years

OCTOBER 2016 8 BLUE LINE MAGAZINE with the arrival of urban issues such as drug Festival. No police force can manage so many training and technology to meet the need. use. Morden hasn’t forgotten about the basics visitors on its own. The MPS depends on its “The focus for the future would be to though, and has responded to community con- close relationship and proximity with Winkler, continue to stay on top of the latest policing cerns by creating a traffic unit. Each member which sends officers to assist. Morden returns techniques in order to keep up with our grow- takes a turn in rotation. the favour by sending officers each year to help ing population and the changing issues,” said out during Winkler’s Harvest Festival. Neduzak. Working together Morden is not the lone police force in Unique mix Keeping up the region. A local RCMP detachment and It is this unique mix of attributes — a “We realize that we may not be able to the neighbouring Winkler Police Service are rapidly growing urbanizing population com- sustain a lot of the specialized services that just 10 minutes down the road and the Altona bined with one of the largest festivals in the maybe bigger urban services have, but there Police Service is less than an hour away. province — that have driven Morden to take is specialized training and equipment that will There was a time when area police forces on some skillsets not typically found in a rural help us do our jobs more effectively. If you had little to do with each other, but as criminals force — like adding a K-9 Unit. don’t keep up, you’re going to fall behind began moving from community to community, Just over a year old, Chase is a Belgian real quick. police forces had to adapt. This has effectively Malinois who has a lot in common with her There’s no point in having a police service increased the policed population to 25,000 human counterparts in that she also wears that is half trained, half equipped that is going people when you include the rural municipal- more than one hat. to do a half decent job. Our community and the ity and Winkler. “When we spoke with the Winnipeg Police citizens deserve more. We wouldn’t be doing Morden shares a local records database Service K-9 section, they strongly recom- anyone justice to operate that way.” with Winkler and Altona, allowing for far more mended we have a cross-trained K-9,” said Morden police officers can be found work- detail than CPIC. Officers can cross reference Neduzak. “In the bigger urban centres they ing outside the community and volunteering and access police reports from throughout have a specific dog that searches for drugs within. The MPS sent two members to the the area. exclusively, ones that do search and rescue 2010 Vancouver Olympics and other members In many ways Morden, Winkler and and ones that just track. have taken active roles coaching local youth Altona have developed many of the hall- “In a rural area you’re going to have a sports teams and youth organizations. marks of a regional police force without multitude of these calls, but not necessarily Morden has also assisted with local chari- the official structure. Morden and Winkler the volume to train a dog in one specific ties and during the summer of 2011 hosted even share the same police association and area. Just as our officers are cross-trained, we its first fishing derby in support of the Blue often leverage each other’s strengths when have a K-9 that is cross-trained for a much Ribbon Society Fund. the need arises. broader use.” Morden’s population grows to between With a mandate of providing the commu- Peter Cantelon is a reporter who lives and works in 60,000 to 75,000 each year at the end of Au- nity with the best possible service and a future Morden, Manitoba. He can be reached at: cantelon@ gust as visitors flood in from across the prov- that points to continued growth and urbaniza- gmail.com. ince to the popular three day Corn & Apple tion, the MPS is focused on seeking the best

BLUE LINE MAGAZINE 9 OCTOBER 2016 Better By Design New police campus gives sense of place and ownership

by Tom Rataj

One of the highlights of a policing career is moving from an old, worn-out and cramped building to a brand-new, state of the art, spacious facility with natural light and modern design. Durham Regional Police Service (DRPS) east division, forensic identification service (FIS) and e-crimes units members experienced such a highlight in early 2015 with a move to a new campus in Clarington, about 45 km east of Toronto. It’s located at the west Durham Regional Police Forensic Identification and E-Crimes building. end of the town, partially abutting agricultural lands, although extensive new residential wide buffer zone, providing flood-control and with its own entrance to the south. development will likely change that within some natural character. Internal driveways The second phase of the project, scheduled the next few years. and walkways will eventually connect all four for 2023, is planned to include a regional sup- buildings, making it easy to move between port centre building (facilities, fleet, quarter- Campus model them on foot without leaving the relative safety master, tactical support, canine and property Instead of constructing one large building of the campus. units), a parking garage, an investigative ex- on a small lot, the 27 acre site is designed on The east division building is located on the cellence building which will house the major a campus model. Two buildings and a fuelling north-east corner of the property and presents crime branch (robbery, fraud, homicide, sexual facility have already been built and two more the DRPS to the community. It’s the only assault and domestic violence units) and com- buildings are planned for the future. building which the public will routinely visit. munity safety branch (polygraph, offender The site is bisected by a tributary of the The FIS and e-crimes building is south-west of management, vulnerable persons, community Bowmanville Creek with a required 60 metre the east division building, across the greenbelt, services and Crime Stoppers units).

OCTOBER 2016 10 BLUE LINE MAGAZINE Clever design The attractive east division building uses a mixed pallet of materials, including grey limestone, dark brown brick, and metal panels in grey and black tones. Long, linear window runs penetrate the larger stone and brick fa- cades, lightening the visual massing. The building is completely accessible and although appearing to be multilevel from the outside, only the cleverly hidden mechanical equipment is located on what appears to be the second storey. Many internal doorways exceed the minimum width (860mm - 34”) requirement of the Ontario Building Code for easy movement of mobility devices, furniture, supplies and equipment. This 4,422 square metres (47,600 sq feet) building houses 170 personnel, with a maximum of 72 per shift. It has been designed for planned incremental staffing growth through 2035 so is rather spacious at this point. Features and designed for high traffic, consisting of Vehicle access to the site is clearly divided Police buildings, especially those used either polished concrete or concrete coated between a ‘police only’ entrance, controlled for front-line uniform operations, certainly with a coloured epoxy compound. Where ap- with fencing and an electrically powered gate, qualify as extreme service. Numerous fea- propriate, such as in the administrative areas, and the visitor entrance and parking area, tures throughout the east division building high traffic commercial carpet tiles were laid. which has no physical restrictions. Pedestrian were carefully planned and implemented to access to the site is by way of long, gently manage wear and tear without the need for Safety graded stairs and ramp from the street corner special attention. Outside hallway corners all In addition to basic security features, a and level curb-free access from the parking lot. feature stainless steel corner-guards while any bullet-proof steel plate lines the back of the Outside the front entrance features cast-indoors likely to get extra wear and tear from public front desk counter. Large exterior place concrete benches, which create informal uniform and equipment contact have stain- windows offer clear natural surveillance out- outdoor meeting spaces while also serving as less steel panels affixed to prevent damage to side the front desk area and the vestibule can physical vehicle obstacles. Landscaping includes door finishes. be remotely locked on both sides to control naturalized low maintenance gardens with new Much of the flooring is low maintenance building access. trees punctuating an otherwise plain turf area.

BLUE LINE MAGAZINE 11 OCTOBER 2016 In exterior facing office areas, higher The entire campus is built on a greenfield evidence drying cabinets and other special- than standard window sills provide privacy site, requiring no remediation prior to con- ized equipment. for employees sitting at their desks while still struction. Both buildings have been designed One vehicle inspection garage is long allowing for ample natural light. All rocks in and built to meet LEED Silver certification, enough to accommodate a typical semi trailer the rock-garden outside the front entrance are which is anticipated to be awarded in the so forensic or mechanical inspection can be cemented into place to prevent misuse. spring of 2017. done indoors. One garage has an overhead To prevent slips and falls during the winter Additional environment friendly features catwalk on two sides, allowing vehicle inspec- and inclement weather, floors in the public en- include sound and motion activated lighting, tions and photography from above. Two of the trance lobby, primary police entrance, prisoner solar heated domestic hot water system, on- vehicle bays have radiant heated floors. sallyport and SOCO bay are radiantly heated, demand hot water heaters and extensive use The spacious e-crimes lab has floor to as are sidewalks outside the public and police of low-energy LED lighting both inside and ceiling windows along one wall allowing for entrances and holding room exit. out. The HVAC system uses energy recovery substantial amounts of daylight to enter the Decontamination facilities include a enthalpy wheels to pre-treat fresh air ex- lab. Each investigator has a modular stand- shower and eye-wash station in the sally port change and variable frequency drive (VCD) ing workstation with custom server rack and showers in the staff change rooms. electric motor controllers to more efficiently and multiple monitors easily configured to control fans. individual needs. Daylight All water fixtures — including sinks, Many of the environmental and safety fea- There are plenty of windows in most showers, toilets and urinals — use low-flow tures are the same as in the east division building. office and work areas, all with separate light fixtures to conserve water. filtering and privacy blinds to allow tailoring The beautiful glue-laminated (Glulam) Collaboration to individual needs. Some interior walls also woods beams and columns and the cross- “Collaboration is a key component of the feature long horizontal windows set high in laminated timber roof panels in the staff area DIALOG process and involved active engage- the walls so natural light can penetrate further. corridor are all FSC certified. ment with all user groups – police, civilian The east division building has a private The flat roofing areas use a white ther- staff, maintenance and operations staff,” said interior courtyard accessible only from inside moplastic polyolefin (TPO) membrane that Steve Sestic, DIALOG Project Architect. the building, which is lined on all sides with reflects sunlight, which reduces solar gain and “Our hands-on workshops begin at the large floor to ceiling windows. The lunch- keeps the building cooler during the summer. planning stage and continue throughout the room, on one end of the courtyard, allows It is also lighter in weight than traditional design process. Understanding the needs of direct access to the outside. The back hallway tar and gravel roofing, and offers a lengthy the end-users of the Clarington facility helped near the lunch-room has a beautiful three sto- service life. us give them a sense of place and ownership rey atrium featuring wood posts and beams, of their working environment.” creating a nice, calming, light-filled space to FIS and e-crimes relax during breaks. The FIS and e-crimes building is 2,387 square metres (25,700 square feet) and accom- Steve Sestic of Dialog Design (www.dialogdesign. ca) lead the site and building design and consulted Environmental modates up to 27 people per shift. FIS has several extensively with staff who would work there. Con- Solar gain for windows is controlled by a specialized forensic labs and vehicle inspection struction was done by Graham Construction (www. combination of low-E glass, deep roof over- garages, allowing complete investigations. grahambuilds.com). hangs, shading louvers above some windows There is a specialized lab for blood splatter and perforated light filtering and black-out analysis, several negative pressure biohazard Tom Rataj is Blue Line’s associate publisher. He can be blinds inside. labs and several different storage rooms for reached at [email protected].

OCTOBER 2016 12 BLUE LINE MAGAZINE Police diversity fails to keep pace

Only one major city in Canada — Halifax Pugash says that when Toronto police in the early 1990s led the force to re-evaluate — staffs a police force that is as racially hire, they have focused on recruiting Somali its recruiting methods. diverse as its community. Canadians, and have also been successful “We started some very targeted recruit- All other major law enforcement agencies across in debunking certain myths about policing ment where we wanted to get members of the the country fail to reflect their communities’ di- through a program that teams up youths African Nova-Scotian community here,” said versity among their ranks, leaving large swaths with officers. Jean-Michel Blais. “We’re now working very of visible minorities and Indigenous popula- The survey found Halifax Regional Police closely with the Muslim community.” tions without representation. was the only force to match or surpass the ra- “The most important thing is diversity of • While 57 per cent of Peel region is diverse, its cial diversity of its community, with Hamilton thought. We want to be able to encourage the police has only 19 per cent non-white officers. close behind. The Halifax chief says conflicts best decision making possible,” he said. • 54 per cent of Vancouverites are from minority (CBC News) groups, whereas 22 per cent of its police force match that profile. • For York region, also neighbouring Toronto, that ratio is 44 per cent for the population, but 17 per cent for the police force. • In Edmonton, 35 per cent of its citizens are visible minorities or Indigenous, yet those groups are represented in less than 10 per cent of its police force. • In Nunavut, 12 per cent of the police force is Aboriginal, but the territory is almost 90 per cent Indigenous. In May, CBC News surveyed all major police forces in Canada in order to establish a national snapshot of the racial diversity of key law enforcement agencies. These figures were then compared to the demographic makeup for each community using the 2011 National Household Survey to calculate the disparity between the racial profiles of police and general populations. The head of the CACP says these numbers alone are not reason for concern. “I’d say we are just on a learning curve right now,” said Clive Weighill, chief of the Saskatoon Police Service. Weighill says that, although there are recruiting challenges such as language barriers and historic distrust of police in some communities, “every service that I know of has a recruiting plan to bring diversity into the service because we all recognize how important it is.” He added that the Saskatoon force has a full-time Indigenous recruiter on staff. The survey showed some of the least racially diverse police forces were also among the most closely representive of their communities in terms of the percentage point gap. Police in Quebec City and Sherbrooke re- ported having a combined total of 12 Indigenous and visible minority officers out of a total of nearly 900. However, that closely mirrored the population in terms of percentage. The Toronto Police Service says one of the key impediments to achieving better representation is that the rate of officer turnover has been outpaced by the rapidly changing community. “In 2000 we were at about nine per cent visible minority. We’re now at about 24 per cent,” says Mark Pugash, director of corporate communications for the force. “People who join tend to stay for 30 years, or in other cases 35 years or longer. So there’s not a great turnover. We’ve also had hiring freezes for a number of years in recent times.”

BLUE LINE MAGAZINE 13 OCTOBER 2016 by Ian D. Scott and Joseph Martino experienced defence counsel: sive but rather only a brief summary of his Q. You investigated this (incident) on (date) observations, then he may be subjected to the What happens if a police officer remem- approximately six months ago? following examination: bers something after their notes are prepared A. Yes. Q. Your purpose in preparing notes is to record and wishes to record it? Should they record it Q. And in the intervening period, you have what you observed so that you can refresh in their notes and, if so, where? investigated at least a half dozen other your memory when you are later called There is little doubt that it should be re- complaints? upon to testify? corded. Notes, once made, are not carved in A. Yes. A. Yes. stone. They can even be changed. But if they Q. Your purpose in preparing notes is to record Q. You said that you wrote down only what are changed or additions are made, the officer what you observed so that you can refresh you considered to be important? should record the date of the change or addi- your memory when you are called upon A. Yes. tion, and most importantly the reason for it. In later to give your evidence? Q. That means that you did not write down other words, the officer should be in a position A. Yes. everything that you saw - only what you to explain why a change or addition was made Q. To ensure that you will give a fair and thought was important? when giving evidence at trial. accurate account of the events, you try to A. Yes. It is perfectly understandable for an of- make comprehensive notes of everything Q. So that if something happened that you ficer, while viewing the scene of an accident that you observed? did not consider important, you did not or a crime, or while speaking to somebody A. Yes, everything that is relevant. write it down? about the incident, to suddenly remember Q. And if it is relevant, you make a practice of A. Yes. something that he or she forgot to record. It is recording it carefully in your notes? Q. Now I am going to suggest to you that the important to stress, however, that the officer’s A. Yes. following happened... memory must be his or her own and not that Q. And you did so on this occasion? A. I cannot recall that. of someone else’s. A. Yes. Q. Of course you cannot recall that because Undoubtedly, defence counsel will attempt Q. Now you testified that you saw...? the only thing that you can recall is what to attack a change or addition to the notes as a A. Yes. you wrote down in your notes? deliberate fabrication or an error. That attempt Q. And you considered that to be an important A. All I can say is that I do not recall that. at impeachment is perfectly proper. Defence and relevant piece of evidence in this case? Q. And that is simply because, as you said counsels’ duty is to use every legitimate tool A. Yes. earlier, you have investigated at least a half at their disposal to obtain an acquittal for Q. Will you now show us where you recorded dozen other complaints in the meantime their client. While allegations of impropriety that observation in your notebook? and that you made notes to assist you in or sloppiness can be upsetting for anyone an- A. I didn’t record it. recalling what happened? swering questions under oath, officers in their Q. You are asking the court (and jury) to If an officer wants to demonstrate to the role as professional witnesses should keep in believe that although it was important court that he or she is an impartial investigator mind that defence counsel are fulfilling their and relevant to this investigation and you and is attempting to be open and forthright duty to thoroughly test the evidence against always record in your notebook what is with the court, the officer should record eve- their client. important and relevant to an investigation, rything, whether it is helpful to the case or The following illustrates the type of cross- you did not do so this time? not. If the only information recorded is solely examinations that could be carried out by an If the officer’s notes are not comprehen- relevant to the officer’s belief in the guilt of

OCTOBER 2016 14 BLUE LINE MAGAZINE the accused, he or she leaves oneself open to the other officer’s recollection which he or she notes in SIU investigations, the majority re- an attack by defence counsel on the bias of the never observed. If it is then written down in the ferred to excerpts from the Taman Inquiry, and investigation. The defence will suggest that the officer’s notebook to be used to refresh his or concluded that officers have a duty to prepare investigation centred only on the accused and her memory, it will become part of the officer’s accurate, detailed, and comprehensive notes did not consider whether any other person was recollection even though he or she never saw as soon as practicable after an investigation: the actual perpetrator. it. Once combined memories are committed to Schaeffer v. Wood, 2013 SCC 71 (S.C.C.). How should police officers go about pre- a uniform set of notes, each officer will later There is no reason why each should not paring their notes? refresh his or her memory as to an event that commit to their own separate notes their own Where two officers have observed the same they never saw. recollection of the events. There will undoubt- event, it is only natural for them to be concerned The danger that an officer may accept edly be marked discrepancies, but is there about the notes that they are preparing. They the recollection of a colleague because of the anything wrong with that? Surely no judge or will invariably find themselves on the horns of officer’s own misgivings as to what he or she jury would say to themselves that “because a dilemma. If the notes are not exactly the same, actually saw may be heightened when the other there are certain differences, all of the testi- defence counsel will probably stress each minor officer is a senior officer. The British Psycho- mony is to be discredited”. Indeed, the lack discrepancy suggesting that their observations logical Society recently completed a scientific of differences in recollection may render an and recollection of the events are faulty. On the study on memory in relation to the courtroom officer’s testimony suspect. other hand, if the notes are very similar, then process: Guidelines on Memory and the Law. Our system of justice expects that each undoubtedly defence counsel will suggest that British Psychological Society Research Board, witness appearing before the court will testify the officers collaborated in preparing a single “Guidelines on Memory and the Law: as to what he or she actually saw and heard. version of the events. Recommendations from the Scientific Frailties of observation or recollection are For many years, police forces in Canada Study of Human Memory June 2008, Revised not only recognized but are expected. By encouraged police officers to collaborate when April 2010. Acknowledging the law’s strong encouraging police officers to collaborate on making notes of the event provided that the reliance on witness recall, the Society recog- their notes, we may be encouraging them to notes were made while the events were fresh nized the potential of one’s recollection being unconsciously fabricate evidence. in their minds and provided that the notes tainted by various factors including two people contained only what each has observed. This discussing an event and that influence will Reproduced by permission of Carswell, a division of practice is no longer considered by either vary depending on the relationship between Thomson Reuters Canada Limited. British or Canadian authorities to be proper. In the two parties. In other words, the officers Excerpted from Salhany’s Police Manual of Arrest, Seizure and In- the United Kingdom, as a result of comments may unconsciously and quite innocently try terrogation, Eleventh Edition, by made by a judge in a constitutionally based to reconstruct an event from their combined Ian D. Scott, and Joseph Martino, judicial review of a police shooting investi- memories and believe they witnessed some- (978-0-7798-6718-9) - extract: gation conducted by the Independent Police thing when, in fact, they did not. Chapter 5 Interviewing Witnesses, Section 6 Officers As Witnesses — Complaints Commission about the practice of In a recent Supreme Court of Canada The Importance of Making Accurate conferring, the Association of Chief Police Of- decision deciding that officers had no right Notes, pp. 311-322, ficers (`ACPO’) recently changed its practice to confer with a lawyer before writing their in this area. In its November 2009 edition of the Manual of Guidance on The Management, Command and Deployment of Armed Officers, and adopted in its 2011 edition, the ACPO amended its provision addressing officers’ providing of accounts in the post deployment stage. It now reads that in general officers should not confer with others before making their accounts because “the important issue is to individually record what their honestly held belief of the situation was at the time force was used.” The Ontario Court of Appeal also consid- ers collaboration by police officers as im- proper. In Barrett (1993), 82 C.C.C. (3d) 266 (Ont. C.A.), reversed on other grounds[1995] 1 S.C.R. 752 (S.C.C.), the Court criticized the practice of one officer taking notes and the other reading the notes over and confirming the truth of the notes. It was held that the proper practice is for each officer to make his or her own independent set of notes. The inherent danger of collaborating in making notes is obvious. People do not necessarily witness an event in exactly the same way. In fact, what happens is that each of us extracts out of an observation what impresses us the most. As stated by the original author of this text when he was Commissioner of the 2008 Manitoba Taman Inquiry at page 137 of his report: The proper practice is for each officer to make his or her own independent set of notes. When officers collaborate in preparing notes, there is a serious risk that one officer may unconsciously supplement something from

BLUE LINE MAGAZINE 15 OCTOBER 2016 Fighting graffiti with TAGS

by Gerry Murney fields who share a vested interest in preventing Originally they have a black outline and a and reducing graffiti vandalism. white scratchy fill; if the outline isn’t filled After some 23 years patrolling Halifax, I To acclimatize delegates to the subject in, it’s termed a ‘hollow.’ Someone may received a mid-morning call about an oppor- matter, TAGS has introduced a Graffiti 101 return later to do a ‘crack fill,’ but it is more tunity to join a new Halifax police unit known session to open the conference. This is a frequently left as a ‘hollow.’ as the Community Response Team (CRT). condensed version of my own ‘Intro to Graf- • The final quest with a moniker is to create a I had some idea they did something fiti’ — what you need to know for a basic ‘piece.’ This starts by using pencil and eraser pronounced “sep-ted” (CPTED - Crime Pre- understanding of graffiti: to block out the letters of the moniker in a vention Through Environmental Design) but • There are ten recognized types but one, sketchbook before applying it to a surface. I didn’t really know anything about it. Now known as ‘hip hop’, makes up 95 per cent A design style is chosen to create a two or I am a certified Level 2 CPTED Technician. of graffiti worldwide. This system is actu- three dimensional re-creation of the moni- I found out on my first day on the CRT that ally quite simple, which is probably why it ker using three or more colours. Probably I’d spend 25 per cent of my time coordinating flourishes. the most recognized design is called ‘Wild graffiti enforcement for the Halifax Regional • A participant begins by choosing a ‘moni- Style,’ which includes numerous arrows that Municipality. ker’ or name. Monikers come from several have their own meaning within the culture. “Graffiti?” I remember thinking. “What’s different sources and are usually something There are endless types such as public, the big deal about kids with spray paint?” I was relevant to the participant. A tag, done in a block, Chinese and flava styles. It’s not uncom- one of the majority of people who have no idea single colour and one dimensional, is also mon for participants to push forward with their of the level of organization in the graffiti world created. If participants can do it in ‘one own unique style. In a game of trying to get and of the billions of dollars it costs annually hit,’ meaning one stroke of the paint-can or individually recognized, there might be some on a global scale. marker, they will get extra ‘ups’ from the logic to this approach. Whatever a participant Unlike CPTED, I didn’t receive any culture. Ups is a slang term for respect. can do to capture the attention of others in the formal training in graffiti management. I’ve • Next comes ‘throw-ups,’ also known as culture is considered positive. learned a lot over the years, both on the job ‘bubble letters’ or ‘fatties.’ They’re done in • Hip hop graffiti has its own lingo. ‘Get Up,’ and at The Anti Graffiti Symposium (TAGS), two colours, are two dimensional and can ‘Go All City’ and ‘Stay Up.’ This translates an annual conference for people from different be traditional or non-traditional designs. to: Get your moniker up on a wall, on a lamp

OCTOBER 2016 16 BLUE LINE MAGAZINE post, anywhere you can, and spread it in all provide an environment for police to make It’s been my experience that managing its forms within the largest possible area so successful apprehensions. graffiti is most effective when all stakeholders other members of the hip hop graffiti culture 2. Education and civic responsibility: Cre- participate and apply a multi-faceted approach. will see it. ate an education and public awareness If you’re just getting started with an anti- It’s the same routine to get into hip hop campaign using multiple media streams to graffiti strategy or are looking to enhance your graffiti whether it’s Brisbane, Bangladesh or enhance the profile of Halifax’s anti-graffiti existing approach, attend the TAGS confer- EcumSecum, Nova Scotia — but you’d likely mandate and raise awareness of how com- ence in Coquitlam, B.C. October 24 and 25. find the approach to anti-graffiti enforcement munities can get involved in the solution. TAGS offers education, inclusion, net- different in each place. Seek alignment and support from commu- working and most of all, team membership. Graffiti management strategies run the nity partners to mitigate and control assets The information I’ve learned over the years gamut from free spaces where graffiti is per- in the public domain. at conferences has been invaluable and I’m mitted and encouraged to by-laws banning the 3. Enforcement: Police will actively enforce honoured to be one of the presenters this year. sale of spray paint to minors. applicable laws as they pertain to graffiti Halifax’s graffiti management plan and continue internal and public educa- Visit www.tagsconference.com for more in- (PDF at http://goo.gl/Eauyxc) is grounded tion on tactics to manage the proliferation formation. I hope to see you there! in four pillars. of graffiti. 1. Graffiti removal: Using a blend of internal 4. Reporting and communication: Create Gerry Murney is a Constable on the Community Re- and external resources, manage graffiti standardized reporting that measures key in- sponse Team - Public Safety Office of the Halifax Regional to mitigate and control the incidence and dicators of successful graffiti management. Police. He can be reached at: [email protected]

BLUE LINE MAGAZINE 17 OCTOBER 2016 Elevating Police Work

Officers selected from the best of the best need to be treated as such by Valarie Findlay Bridging communication between the trusting relationship and encourages two-way public and police has become a priority and communications. From there, incident-driven The boiling anger in the US over use of must begin with building trust and honest communications maintain the rapport through force, racism and racial, bias in policing has dialogue before, not after, a serious incident. immediate response to the public and the profoundly affected Canada’s struggle with Police explaining policing to the public is media, targeting specific audiences using our own issues. While we appear similar our difficult at best — a perceived bias will per- appropriate channels to deliver relevant and cultural and societal changes and policing sist even with the most articulate officer and timely messages. challenges remain distinctly different at the exemplary soft skills. It doesn’t help that the Although cheap and easy, one-channel grassroots level. inherent language of authority is loaded with communication approaches such as Facebook One aspect that is the same in both coun- a pejorative tone and that the policing ethos and Twitter can only be supplemental; they are tries: public trust and confidence suffers after encourages shouldering — not sharing — the effective in delivering low-priority messages negative policing incidents. Accusations fly weight, creating an impervious barrier. but do little to engage and allow for true dia- in the wake of unanswered questions and Even if communications were fluid, the logue when negative incidents occur. diplomatic rhetoric from police brass. public is unlikely to hear the candid truth Social media has benefits but can also be There’s a lack of strategy to direct commu- — the horrors of policing, the struggle with an agency’s worst enemy. Control over the nications on controversial topics and manage in- stress and depression, the burden it places message and context is quickly lost when the cidents as they unfold. This results in a firestorm on families, the realization that although the first communiqué of an incident comes from of public emotion at a time when answers are chosen career is not what an officer thought an unverified video circulating on social me- most needed, but also opens a short window of it would be, there is still nothing they would dia. Viewers play a video over and over and opportunity to quell anger. Instead, the public is rather do. Moreover, you wouldn’t hear about — without a counter and often influenced by often left exasperated and demanding answers the irreconcilable policing dichotomy, where news media, video games and the entertain- to square the circle, while policing agencies the person arrested today was the same person ment industry — draw their own conclusions. are temporarily silenced and well aware of the an officer served and protected yesterday. It doesn’t take long for charges of hyper- public’s mounting frustration. Truly progressive police organizations masculine aggression and insufficient, outdat- The rank and file show up for their shifts are recognizing the importance of public ed or militarized police training to be levelled. and go about their job in a climate of increased confidence and striving to find innovative This is why communicating the functional tension and added weight to their duties. How did ways to educate, communicate and explain aspects of these incidents and training and its ‘tenuous and disparate’ become the new normal? their processes — but this is not solely the limits can be valuable forays into developing Influenced by jarring headlines, is the pub- duty of policing agencies. Communities need public understanding. lic so far off center that it fails to recognize the to engage and accept the reality of the opera- In a recent Toronto Star article, Andrew commitment and cannot empathize with the tional challenges of policing and abandon the Mitrovica compared an incident he witnessed challenges of those who police their commu- role of arm-chair ‘judge and jury.’ Officers are to that of James Forcillo’s handling of his nity? Are police so detached from the public expected to act as psychiatrists, psychologists, interaction with Sammy Yatim. that they cannot empathize with the public’s social workers and mediators, absorbing the The cops kept their cool, working together fears and need for dialogue and answers? operational stress, resource constraints and — as they’ve no doubt been trained — to Possibly the divide has less to do with psychological impacts of the worst of calls. disarm a kid who was wielding a knife not empathy and more to do with a perceived These perceptions can be countered that much different from the one Yatim was stalemate — no one knows what to fix first, through effective communications driven flashing on the streetcar on that fateful morn- or even how to fix it. by a well thought out strategy that fosters a ing. They resolved the tense situation without

OCTOBER 2016 18 BLUE LINE MAGAZINE firing a shot despite the fact that, arguably, better reflect our complex societies. authority’ and ‘excessive use of force’ have this kid posed more of a danger to the police Police training cannot help but be flawed; come to exist both objectively and subjec- and public than Yatim did. there is no prescriptive means to prepare for tively with the public and must be dealt with In the end, I can’t help but think that if this and respond to every action, every time, with as valid realities. group of police officers — who, like Forcillo, guaranteed outcomes. No mechanism tem- It goes without saying that the most valued swore an oath to serve and protect the public, porarily disconnects human behaviours or officer is the one who can achieve the desired but, unlike Forcillo, responded so differently, physiological responses. result with the least risk or injury to all parties wisely, calmly and professionally to another Officers know that strategic (diffusion while maintaining public confidence — but disturbed young man in distress — had been and de-escalation) and tactical and defensive how realistic is this in a job where stress is there when Sammy Yatim needed help, he (less-than-lethal and counter force) responses insurmountable and there is little reciprocity might be alive today, getting the help he so must suppress assessed capability, intent, for kindness? desperately needed. means and opportunity. The average civilian Policing must be elevated and treated as a Irrespective of how you felt about Forcil- has no appreciation for this, nor the subtleties valuable core service key to community safety lo’s conduct, an officer can easily understand of reaching for a pocket, body posture, eye and quality of life. Officers selected from the that no incident is the same. The public belief contact or direction, etc. best of the best need to be treated as such — the that these incidents can be equally compared Civilians would also not appreciate that organization’s most valued asset. and assessed by an untrained bystander is a many fixed factors (perceived mental state, Permitting the public to ignore the realities big challenge. physical capabilities, weapon type or their of policing and agencies to stall on adapting “Officers are trained to identify real fire- possible concealment, etc.) and fluid factors to change and adopting innovative communi- arms from ‘fake’ ones... hard-edged weapons (emotional state, passive and active resistance, cations with the community only widens the are much less dangerous than firearms... an willingness to sustain injury, etc.) are key divide: the public will hold firm to its point unarmed person can’t be considered danger- inputs that can rapidly change. This aware- of view, expressing anger and dismay when ous... it’s easy to tell if someone is suffering ness can shift the paradigm of the public and information needs are not met. Frontline of- from a mental crisis if you look for the signs...” the media; a tremendous impact can be seen ficers will continue to be held to super-human the list goes on. when viewed through the lens of cumulative expectations and, with every day that passes, Substantial value can be found in educat- stress, multiple-trauma, fatigue and other the badge will only get heavier. ing the public on the complex challenges physical states. arising from the practical aspects of crisis Most Canadians rarely interact with po- intervention and legislative constraints. lice and when they do, most encounters are Police Foundation (USA) research fellow Valarie Findlay The 2014 Ontario Human Rights Commis- positive — yet confoundingly, the growing has two decades of senior expertise in cyber-security for policing, military and government departments. She sion report on mental health disabilities and sentiment towards police is negative. holds a Masters in Terrorism Studies and her dissertation, use of force and the 2016 Ontario Ombuds- The power of news headlines and social “The Impact of Terrorism on the Transformation of Law man’s report, (A Matter of Life and Death) on media are formidable and feed the public Enforcement,” examined the transformation of western improved crisis intervention in policing have perception of police from thousands of law enforcement. Contact: [email protected] or www.humanled.com. done little to underscore the complexities; miles away. Because of this, police ‘abuse of both go in wrong directions in recommending simplifying the use of force model. Shifting from behaviour causality to a generic ‘people in crisis’ profile with de- escalation as a core capability makes complete sense — but the theoretical obscures the practical, as is often the case where studies are conducted without front line collaboration. Simplifying use of force and suggesting a more linear model (even though it is represented as a circle), rather than a continuum of options, presents several issues. First, crisis management and use of force is not a simple concept. Second, linear models only work well with repeatable, predictable processes and cannot account for complex human behaviours in conflict scenarios; in fact, they are rarely effective except in communicating to non-experts. Third, taking a complex concept like the use of force model and making it ‘simple’ can’t help but introduce subjective standards — canned, acceptable responses decided by others, such as utilizing the least or minimal amounts of force that stifle expert observation and response capabilities. This creates a conundrum: negotiation versus authority and weighing of options to mitigate liability from judgements and decisions made under stress. Instead, progressive approaches such as ob- jective reasonableness or a crisis management model — which include a use of force component with strategic options and specialized skills support — empower and entrust officer judgement in the elastic state of an incident and

BLUE LINE MAGAZINE 19 OCTOBER 2016 DISCLOSING EVIDENCE

Revealing facts from weakest to strongest can be the best rule

by Kerry G. Watkins 2014). That being the case, what impact does early disclosure have on a suspect interview, Most police training courses and manuals and is it the best way to proceed? offer little or no guidance on when and how Disclosing evidence at the beginning or to disclose evidence to a suspect during an early stages of an interview can actually impair investigative interview. an investigation in several ways. Some texts recommend that an investiga- First, early disclosure shows an investigator should confront a suspect with the evidence tor’s hand. Suspects who decide to confess at the start of an interview (Yeschke, 1997), know the evidence against them and can tailor while others suggest it should be disclosed their statement to it, constructing a false yet relatively early in the process to overcome plausible explanation for events which may denials of responsibility (Inbau et al., 2013). now be difficult for an investigator to disprove However, none of these sources provide any (Fahsing et al., 2009). scientific evidence to support their recom- Second, the early disclosure of any mendations. evidence (not just “hold back”) makes it dif- Moreover, while investigators will fre- ficult for an investigator to corroborate a true quently have some form of evidence they admission or confession with reference to could disclose to a suspect if they chose to, evidence withheld from the suspect until they few have been trained on when and how to give a statement. disclose it to maximize its strategic value Third, early disclosure deprives an investi- (Smith & Bull, 2014). gator of the ability to use evidence strategically Research indicates, and the author’s per- to encourage a suspect to produce a detailed sonal experience confirms, that many investi- account of their involvement in the offence, gators disclose all or much of their evidence and to subsequently challenge that account at the start of an interview, particularly where where it is inconsistent, either internally or to be “evidence-based;” that is, to be informed they feel they have a strong case. This is done, with other evidence. by scientific research about what is and is not presumably, in the hope that it will lead to a Investigators have to decide on a case effective. spontaneous admission or confession. How- by case basis if, when, and how they will in- There is broad agreement in the research ever, best estimates are that suspects confess troduce evidence during a suspect interview. literature that disclosing evidence later in a perhaps 50 per cent of the time, and possibly However, contemporary police culture has suspect interview is generally more benefi- far less often (Gudjonsson, 2003; St-Yves, come to recognize the need for police practices cial. The later disclosure has been found to:

OCTOBER 2016 20 BLUE LINE MAGAZINE increase the extent to which guilty subjects maximize its strategic value. Granhag (2013) offer critical disclosures of information; has developed a simple evidence framing result in more comprehensive and more self- matrix for this purpose which has two dif- incriminating accounts; increase the likelihood ferent dimensions: source of and specificity of a suspect confessing (Meissner et al., 2015; of evidence. Tekin et al, 2015; Walsh & Bull, 2015); and The source of evidence varies along a produce more pronounced inconsistencies in continuum from weak to strong, and refers to the statements of lying suspects relative to how the investigator knows what they know. those telling the truth (Sorochinksi et al., 2014; For example, if surveillance video showed Luke et al., 2013; Dando et al., 2015; Luke et the suspect inside the Quickie Mart at Main al., 2016; McDougall et al., 2015). Street and First Avenue at 10am last Tuesday, If we accept that it is generally better to the investigator could “frame” that evidence disclose evidence later, the next question be- when they disclose it to the suspect. comes how an investigator should introduce approach (Hartwig et al., 2006). For example, “We have video of you in- evidence to maximize its value. There are a Once an investigator decides to disclose side the Quickie Mart at Main and First Avenue number of arguments to be made for doing so evidence to a suspect, careful considera- at 10am last Tuesday” is a strong disclosure incrementally; that is, progressing from the tion should be given on how to present it to of the source of the evidence. Instead, the weakest evidence to the strongest. First, a suspect may be more likely to respond to weaker evidence where they perceive an opportunity to “explain it away,” than to stronger evidence, which may simply cause them to stop talking. Second, moving from weaker to stronger evidence allows an investigator to progres- sively “build” the strength of the evidence against the suspect both factually and psy- chologically. This is particularly important because a suspect’s perception of the strength of the case against them has been identified as the single most important factor in their decision to confess (Bull, 2014; St-Yves et al., 2014; Fahsing, et al., 2009). Third, disclosing evidence later in an interview imposes a higher “cognitive load” (i.e., it is more mentally demanding) on a lying suspect than on one telling the truth, which has been shown to result in liars generating more inconsistencies in their statements than truth tellers (Granhag et al., 2013; St-Yves, 2014). With respect to the last point, investigators can use both questioning and disclosure tactics during an interview to provide a lying suspect with the greatest opportunity to gen- erate inconsistencies. Instead of using many direct questions early in the interview process — something many investigators do — the interviewer should use what is referred to as a “question funnel.” Starting at the top of the funnel, the interviewer poses a series of open questions (e.g., tell/explain/describe), which invite the suspect to provide a free account about perti- nent actions or events. As the funnel gradually narrows, the interviewer begins to ask more direct questions (e.g., who/what/where/when/ why/how) about the evidence they hold. The questioner might start by asking the suspect to describe the various places visited on the day in question. Were they at a particular gas station? If so, did they go inside? Where did they go? To the cashier’s counter? Did they touch it? — and so on. Research indicates that investigators who withheld evidence until later in suspect interviews and used a funnel type questioning approach significantly improved their ability to make accurate judgments about the truth of a suspect’s statement on the basis of inconsistencies than investigators who do not take this

BLUE LINE MAGAZINE 21 OCTOBER 2016 Human Behavior, v 30, pp. 603-619. Inbau,F., Reid, J., Buckley, J., Jayne, B., Criminal Interrogation and Confessions. 5th Ed. 2013. Jones & Bartlett Learning. Burl- ington: MA. Luke, T., Hartwig, M., Brimbal, L., Chan, G., Jordan, S., Joseph, E., Osborne, J., Gra- nhag, P.A., (2013) Interviewing to elicit cues to deception: Improving strategic use of evidence with general-to-specific framing of evidence. Journal of Police and Criminal Psychology, v 28, pp. 54-62. Luke, T., Hartwig, M., Joseph, E., Brimbal, L., Chan, G., Dawson, E., Jordan, S., Dono- van, P., Granhag, P.A. (2016) Training in the strategic use of evidence technique: Improving deception detection accuracy of American law enforcement officers. Journal of Police and Criminal Psychology. Published online February 18, 2016. DOI 10.1007/s11896- 015-9187-0. Luke, T., Hartwig, M., Shamash, B., Gra- nhag, P.A., (2016) Countermeasures against the strategic use of evidence technique. Jour- nal of Investigative Psychology and Offender Profiling, v 13, pp. 131-147. investigator could say “We have information be some exceptions, research suggests that it McDougall, A., Bull, R., (2015) Detecting that you were at the Quickie Mart at Main is generally better to disclose evidence later truth in suspect interviews: The effect of use of Street and First Avenue last week,” which is in suspect interviews rather than earlier; and evidence (early and gradual) and time delay a weaker disclosure of the source. when disclosing it, to progress from the weak- on Criteria Based Content Analysis, Reality The second dimension of the evidence est to the strongest, rather than disclosing the Monitoring and inconsistency within suspect framing matrix involves the specificity of the strongest evidence at the start. statements. Psychology, Crime and Law, v 21, evidence — in other words, exactly what the As the old saying goes — “good things pp. 514-530. investigator knows. The specificity ranges come to those who wait.” In the case of sus- Meissner, C., Kelly, C., Woestehoff, S., along a continuum from low to high. For pect interviews, science suggests that good (2015) Improving the effectiveness of suspect interrogations. Annual Review of Law and example, the interviewer could say, “I know things may come to investigators who hold Social Science, v 11, pp. 211-233. you were at the Quickie Mart last week at the evidence close to their chests, at least Smith, L., Bull, R., (2014) Exploring the Main Street and First Avenue,” which is a until they carefully consider when and how it disclosure of forensic evidence in police in- high degree of specificity — or “I know you is best disclosed. terviews with suspects.Journal of Police and were in Etobicoke last week” (the location of Criminal Psychology, v 29, pp. 81-86 the Quickie Mart), which is a lower degree References Sorochinksi, M., Hartwig, M., Osbourne, of specificity. Bull, R., When in Interviews to Disclose J., Wilkins, E., Marsh, J., Kazakov, D., Gra- Suspects first presented with evidence Information to Suspects and Challenge Them? nhag, P.A., (2014) Interviewing to detect framed in the weakest, least specific manner Chapter 9. In Ray Bull (Ed.) Investigative Inter- deception: When to disclose the evidence? possible (i.e., quadrant A) may decide to revise viewing. 2014 Springer. New York. pp. 167-182. Journal of Police and Criminal Psychology, their statement to include the information be- Dando, C., Bull, R., Ormerod, T., Sand- v 29, pp. 87-94. ing disclosed, while still attempting to deny ham, A., (2015) Helping to sort the liars from St-Yves, M. Meissner, C., Interviewing more incriminating elements. For example, if the truth tellers: The gradual revelation of Suspects. Chapter 6. In Michel St-Yves (Ed.) the investigator said “I have information that information during investigative interviews. Investigative Interviewing: The Essentials. Legal and Criminological Psychology, v 20, you were in Etobicoke last week,” the suspect Thomson Reuters Ltd. pp. 145-189. pp. 114-128. may revise their account to include that fact Tekin, S., Granhag, P.A., Strömwall, L., Fahsing, I., Rachlew, A., Investigative but still try to conceal that they went to the Giolla, E., Vrij, A., Hartwig, M., (2015) Inter- Interviewing in the Nordic region. Chapter viewing strategically to elicit admissions from Quickie Mart at Main and First. 3. In Tom Williamson, Becky Milne, Stephen If the investigator then presents more guilty suspects. Law and Human Behavior, v Savage. (Eds) International Developments in 39, pp. 244-252. specific information about the evidence, the Investigative Interviewing. Willan Publishing, Walsh, D., Bull, R., (2015) Interviewing suspect may now be forced to again revise 2009. Devon: UK., pp. 39-65. suspects: Examining the association between their account. By framing evidence generally Granhag, P. A., Strömwall, L., Willén, skill, questioning, evidence disclosure, and at first, and then disclosing it in an incremen- R., Hartwig, M., (2013) Eliciting cues to interview outcomes. Psychology, Crime and tally more specific manner, an investigator can deception by tactical disclosure of evidence: Law, v 21, pp. 661-680. maximize its strategic value. The first test of the evidence framing matrix. Yeschke, C., The Art of Investigative When disclosing evidence an investigator Legal and Criminological Psychology, v 18, Interviewing: A Human Approach to Testimo- should gradually reveal increasing strength pp. 341-355. nial Evidence. 1997. Butterworth-Heineman. and precision (moving from quadrant A to B, Granhag, P.A., (2015) Small cells of sus- Boston: MA. C and finally D). Research shows this tactic pects: Eliciting cues to deception by strategic can lead a subject to revise their statement to interviewing. Journal of Investigative Psychol- fit more closely with the evidence as it is re- ogy and Offender Profiling, v 12, pp. 127-141. Kerry Watkins, B.A. (Hons.), M.A., LL.M. has spent most of his almost 30 years with Toronto police in specialized vealed. Moreover, this approach appears to be Gudjonsson, G., The Psychology of Inter- rogations and Confessions. 2003. John Wiley units investigating offences such as corporate fraud, relatively resistant to suspect countermeasures police corruption and homicide. He has conducted thou- (Granhag et al., 2013; Granhag et al., 2015; & Sons. Hartwig, M., Granhag, P.A., Ström- sands of investigative interviews and currently works in wall, L., Kronkvist, O., (2006) Strategic use Luke et al., 2016). the police education and training field. He is the primary of evidence during police interviews: When author of Interviewing and Investigation. 2nd Ed. (2011), In summary, although there will always training to detect deception works. Law and (a 3rd Ed. is coming next year).

OCTOBER 2016 22 BLUE LINE MAGAZINE ODDITO R IALS

SMITHS FALLS, ON. - An Ontario woman PENTICTON, B.C - Cops called to gas sta- WINNIPEG, MA - Thief dressed as goalie is accused of donning a wig and glasses to tion after man squirts bear spray down pants, robs beer store. impersonate her own mother so she could strips nude, then pours milk on genitals. There may be a delayed penalty coming take a driving test on her behalf. Mounties in Penticton, B.C., say they got for a wannabe goalie in Russell, Man. Police in Smiths Falls, Ont., say the test quite an eyeful last week after a man peeled RCMP in the Parkland community are took place on June 9 at the local Ministry of off his clothes and began washing himself with investigating an alleged robbery at a local Transportation office. milk after inadvertently spraying bear spray beer store earlier this month. The driving instructor allegedly grew down his pants. Video surveillance showed one of the suspicious of the 39-year-old woman, who was RCMP spokesman Cpl. Don Wriggles- suspects was wearing hockey goaltender claiming to be 73, and called police. worth said officers were called to a local gas equipment during the heist. They say an investigation revealed the station shortly before 2 a.m. on Aug. 24 to find Information appearing in the Russell Ban- woman had dressed herself to resemble her the victim completely naked. ner’s RCMP report stated the C-Store Beer mother. “He was in excruciating pain and vigor- Vendor at the Russell Inn was robbed around Police say she was trying to pass the test ously using his shirt to scrub his genitals with 2:45 a.m. on Aug. 15th. According to the local on her mom’s behalf. homogenized milk in an attempt to relieve the detachment, video footage showed a man enter- The woman, whose name was not re- pain,” said Wrigglesworth. ing the store with his face covered by a baseball leased, has been charged with adult persona- The man told police he had been attacked cap. That’s when, according to RCMP, a goalie tion with intent. by three unknown men, but Wrigglesworth trailed behind to pick up an assist. said an investigation revealed the spray pattern Police said a man wearing goalie pads, a ••• “was consistent with the alleged victim carry- blocker and a trapper, and carrying a goalie stick, ing his own can of bear spray and it went off arrived after the first suspect and allegedly began BROCKTON, ON. - Police and firefighters unintentionally.” helping him carry away “several cases of beer.” were called in after a heated discussion over Later that night, police were called to a “The RCMP have never seen a disguise the shape of the Earth reached fiery levels home and found five people outside rolling like this,” the report in the Banner read. in eastern Ontario. on the ground after they, too, were hit with The video is still under review by the Police in Brockville say they were called bear spray. RCMP, who continue to investigate. to St. Lawrence Park on Monday after an Wrigglesworth said the five were also intense argument between family members. uncooperative, but told police they were at- CP Wire and News Week. To subscribe to Blue Line News They say a woman who insisted the Earth tacked over a debt. Week go to www.blueline.ca. was flat was locking horns with her boyfriend’s father, who argued it is round. Investigators say the 56-year-old man grew so enraged that he started throwing things into their camp fire, including a propane cylinder. Firefighters were called to put out the flames. Police say the man took off and will face a mischief charge. They say “neither party would change their views.’’

•••

SAINT JOHN, N.B. - A Saint John, N.B., courthouse has done away with Courtroom 13 after complaints that it felt unlucky. People had raised concerns about the number since the Saint John Law Courts opened three years ago, Don Higgins, regional director of court services in Saint John, said Thursday. Officials quickly took down the sign, but it was still known as Courtroom 13 on dockets and other official documents. Now, though, a new sign has gone up declaring it Courtroom 14. “People only come here once or twice in their lives, so we’re hoping to make it easier. We didn’t do any investigation or analysis to see how many people it impacted. It was an easy fix,’’ said Higgins. “I’m not a superstitious person by nature, but if there’s anything you can do to remove these distractions...’’

BLUE LINE MAGAZINE 23 OCTOBER 2016 TECHNOLOGY by Tom Rataj

Ransomware holds your data hostage

As if computer viruses and other malicious encrypts part or all of the computer’s operat- encrypting ransomware include CryptoLocker, software weren’t annoying and damaging ing system and/or files and then displays a CryptoLocker 2.0 and CryptoDefence. enough, the latest trending computer security web-page demanding a ransom payment for a The widespread use of the Internet has threat holds your data hostage until you pay a decryption key to unlock the system and files. made it far easier for ransomware to spread and ransom to free it. There is often a time limit on when payment its growing sophistication has made it much Although first successfully demonstrated must be made, leaving a victim little chance more effective and profitable for the criminal back in the late 1980s, ransomware has only to decide what to do. Payment is usually gangs typically behind it. gained notoriety recently. Since Microsoft demanded in bitcoin or other non-traceable Windows is the most widely used operating payment instruments. Victims system, with a marketshare of about 80 per The original ransomware programs were CryptoLocker ransomware corrupted the cent, it is the primary target of most malicious relatively simple, often just disabling a com- computer system and most recent backup computer software. puter’s start-up file, master boot record or drive of the Tewksbury, Massachusetts police Mobile devices such as tablets and smart- partition table. The computer couldn’t boot department in April 2015. An 18 month old phones are also generally not immune to mal- without them, although the data on the hard- backup drive was not affected but wasn’t of ware threats. Devices running Google Android drive was still retrievable and the disabled much use. Despite help from the FBI and are most vulnerable and some jailbroken Apple programs were relatively easy to repair. others, the department was unsuccessful in iPhone/iPad devices have been successfully The latest generation of ransomware is recovering its system until it paid roughly attacked. There are some malware issues with far more sophisticated, using strong encryp- $500 in bitcoins. Windows Phone devices and Android apps tion technologies such as 128 or 256-bit AES Several other small US police departments (but not native BlackBerry 10 apps) running (Advanced Encryption Standard) or RSA were similarly victimized by ransomware and on BlackBerry 10 devices. (named after cryptologists Rivest, Sharmie had to pay to recover their systems. At least and Adleman) to encrypt all the data on an a dozen hospitals around the world have also Locks system infected system. been successfully targeted by ransomware Ransomware is a malicious computer pro- Without a decryption key, the affected infections. gram covertly installed on a victim’s computer data is irretrievable because of the strength The Hollywood Presbyterian Hospital in or network. It typically arrives through a Tro- of the encryption, so many victims just pay California paid a ransom in February 2016 jan virus contained in an e-mail attachment, the ransom. after most of its network, including medi- from visiting a surreptitiously or deliberately Although ransomware has been around cal records and connected medical devices, infected website or by clicking on a pop-up ad. for more than 20 years, it began gaining no- was disabled. The original ransom demand Once installed and activated, it typically toriety in the mid-2000s. The most common was US$5 million but it ended up paying

OCTOBER 2016 24 BLUE LINE MAGAZINE US$17,000 in bitcoins. The case took several weeks to resolve and was an expensive Winnipeg Named operational nightmare affecting all hospital operations during the attack and for months Top Police Communicators afterwards. The Winnipeg Police Service each service based on exemplary achievements, Communications Division knowledge, and years of commitment to public Not just computers took Public Safety Answer- safety. This year’s judging panel included repre- With so many devices connected to the ing Point (PSAP) of the year sentatives from a cross-section of the industry. Internet, it’s not surprising that some have honours at the 82nd Annual WPS will receive a personalized PSAPs’ been compromised and used as an infection APCO (Association of Public-Safety Communica- Finest plaque from the award sponsor, NICE point for ransomware. There are reports of tions Officials) international conference. Systems. routers, network attached storage devices and The PSAP Finest Awards are an annual The Winnipeg Police Service PSAP has back-up drives being infected through security global recognition program for emergency com- 92 front line employees,10 administrative staff vulnerabilities. munications professionals. and covers a population of 700,000 + citizens. Winnipeg was selected by an independent It handled 255,139 9-1-1 calls and 188,889 non- Prevention judging panel of public safety peers who evaluated emergency calls in 2015. Most ransomware, viruses and other malware infections begin with individual computers so this is where major defensive efforts should focus. Ransomware is best prevented by using up-to-date anti-virus/malware software and a firewall. Additionally, all security updates and patches for computer and smartphone operating systems, and other potentially infected hardware such as routers, should be installed as soon as they become available. All default device and system passwords should be changed to strong passwords with at least 12 characters, including random com- binations of both upper and lower case letters, numbers and special characters. Comprehensive network security tools with behavior detection should be used to monitor business network traffic and e-mail systems for viruses and malware. Windows users should activate User Ac- cess Control to prevent unapproved instal- lation of software. A “pop-up” ad blocker is also important, since enticing and mis- leading pop-up ads are often used to infect computers. Training and user awareness are also important.

The pay question This is a complicated decision that depends on a number of factors, including how current and thorough the back-up files are, whether a victim believes the attacker will actually provide a valid decryption key and ability to pay. In many cases, paying the ransom is the only way to quickly regain control of a system because the encryption technologies used are unbeatable. Ransomware is a complicated, dangerous and potentially expensive threat to businesses, government agencies and private computer users. Comprehensive preventative measures and a thorough and up to date data back-up plan are the most effective ways to counter the threat. Police agencies may be particularly vulnerable since much of the data they collect and maintain is very valuable to criminal organizations.

Tom Rataj is Blue Line’s Technology columnist and can be reached at [email protected].

BLUE LINE MAGAZINE 25 OCTOBER 2016 HOLDING THE LINE by Michelle Vincent

Improving outlook builds resilience

I still feel amazed that they pay me to do lens. Most of us have likely heard of essential meaning to read but haven’t had a chance this job, even after almost 15 years of policing. self-care elements such as healthy eating and because things have been so hectic. I truly love being a police officer. How many exercise, however working the perceptual You might pick up a coffee first, read people get to experience the adrenalin and lens muscle is also very important… and yes, outside where you can enjoy the sun or stay excitement we do, or know what really hap- it is a muscle! in the car for some peace and quiet. It takes pened on a call others see only on the news? By practicing some extra steps in our daily a little practice and some imagination but if That’s not to say there are not challenges. routines, not only can we work that perceptual you put your mind to it, you will be surprised Calls that resonate deep within our being, for clearing lens muscle, we help improve our at how exciting it can be to complete tasks example, or being denied that promotion we outlook on our life journey. It takes some you once considered tedious, especially after had counted on and worked so many hours of practice to work this perceptual lens muscle a block of shifts! overtime to earn. There are many reasons we but you can start off very simply. We can use these same tools when dealing can become disenchanted in both our profes- Consider this scenario. You walk in the with challenging and/or tedius aspects of work. sional and personal lives. door after an exhausting shift and long com- For example, the next time paperwork takes Police officers are exposed to horrible mute home and are greeted with a request you off the road, look at the bright side. It’s experiences that can strike a chord and make us from your spouse/partner to take your son a break from heading to the next call, offers vulnerable to PTSD. This has been discussed, to his swimming lessons. I consider myself an opportunity to focus and present your best researched and continues to be a work in to be literally “out of order” after finishing a case and maybe even a chance to grab a bite progress in most organizations now that they shift — wiped and not very useful! and use a clean bathroom without the threat are mandated to find ways to minimize this Your thought process would work some- of being interrupted by dispatch. potential “injury.” Yes, PTSD is now recog- thing like this. Ask yourself what would be The same thinking can hold true for nized as a form of “operational stress injury” good about taking little Johnny to his swim- a challenging call. It’s an opportunity to because the trauma actually injures the brain. ming lesson? The first thing that might come make a difference in the lives of the people This can affect the perceptual lens through to mind is having an hour of peace and quiet you’re dealing with, in whatever capacity which we experience life. From work to family while he is in the lesson. You get to see him that might be. life, our perceptual lens translates our experi- progress toward his goal of learning to swim Implementing such practices help us to ences and how we perceive life. When we ex- and being safe in the water. You will have the build resilience with coping mechanisms. Cou- perience mental health issues, our perceptual opportunity to spend quality time with him. pling them with a mental health regime may lens becomes tainted. Add in the exhaustion of You may have a chance to meet other parents help protect us from further damage caused by shift work, overtime and court between night and will play an integral role in your son’s OSI we may incur on a shiftly basis! shifts and that perceptual lens becomes even learning experience. more foggier! If even one of these aspects resonates, Experiences that normally may not affect flesh it out. For example, if spending some Michelle Vincent is a 15 year York Regional Police officer with a Masters Degree in Arts in Counselling Psychol- us all of a sudden become monumental issues alone time while your son takes his lesson ogy and a background in equine assisted therapy and that we need to immediately fix. You hear a resonates, think what you might do to make workplace reintegration and teaching. Her counselling lot of hype about self-care, which really is that extra special. Perhaps you could take practice is supervised by a psychologist with a specialty in essential and supports a healthy perceptual along a book to read — that book you’ve been addictions and trauma. Contact: [email protected].

OCTOBER 2016 26 BLUE LINE MAGAZINE CLOSE TO HOME

Did I do the right thing? Second-guessing is a first-rate stressor

“Gun!” incident. I gently probed if he had exercised at re-ground in a set of values that provided As soon as the word hit the radio, the entire home after the incident or increased his water some needed stability.] station went electric. Dispatch shifted to high intake to flush the stress toxins. How about 4. Most importantly, police/family support. alert. Adrenaline mixed with calm profession- sitting quietly and just allowing himself some This officer’s father is a seasoned member alism. Admin personnel stood at the ready to cleansing breaths or journalling his thoughts of another police force. His phone calls provide support commands. and feelings? and visit the next day helped immensely Officers, uniformed and plainclothes, He had used some of those self-care actions to regain perspective and work through the hit the street and rushed to the site. Off-duty but the questions — the second guessing — were stress and self-questioning. members showed up to offer assistance (social really plaguing him. Intellectually he knew all In many ways, the scenario I’ve described media is a good thing). was well — no lives were lost — but still won- and the responses offered are ideal. No one One hundred or more bystanders compli- dered if he could have done things better. was hurt. The right supports were in place and cated the stand-off scene (social media is a This is a natural reaction to a tense situ- ready immediately after the incident, and on tool of the devil!). ation. With some intentional mentoring and an ongoing basis. Not all situations conclude Fortunately, the weather was not a factor. support, he was able to move through the as well; we know this. No howling windstorm, rain, hail or snow. stress in a healthy manner. The four most However, the actions taken and the support Officers held their positions behind squad effective factors which helped the young measures mentioned are essential in build- cars and sandbags, on rooftops and alongside a officer overcome the stress of second- ing professional and personal resiliency for dumpster, firearms poised for service if required. guessing were: members of the police family. As an officer, Communication with the gun holder was 1. A super-supportive partner. His wife was you might benefit by taking a quick inventory. established and, after some excellent negotia- out of town but he was able to reach her How many of the above support mechanisms tion by officers, the perpetrator gave up his and share the details. Her kind and compas- do you have in place? You might also ask what weapon. The episode ended peacefully. sionate listening ear was a primary factor in other supports you would suggest. Most readers can relate to this scenario and his recovery. It is not a matter of “if” but “when” stress- may even see themselves in it, replaying the 2. Other officers telling him he had performed ful incidents will cause you to second-guess incident with intense reactions. Jaws tighten; his duties well. Several senior platoon your performance. How and from whom will shoulders bunch; breathing speeds slightly. mates and other members who heard about you regain your balance? The results may have been the same for some; the incident affirmed him as an officer and sadly, much more tragic for others. person. There is a strong culture of mutual The debriefing session immediately fol- support in the force. Brian Krushel is a volunteer Alberta police chaplain and lowing was very affirming. Administration 3. Reviewing the events and their emotional member of the Canadian Police Chaplain Association. His family recently helped him through a stressful incident – congratulated the officers and dispatch on impact with the chaplain. [This will sound his 60th birthday! their excellent service. The operations review like I’m touting my role, but not so. I of- highlighted how well the platoon responded to fered an outside set of ears, eyes and voice This is a series of articles presented by members of what could have been a deadly incident. to affirm and support him in the critical the Canadian Police Chaplains Association. More Summary statement: “The good news is, moments and hours after the incident and information is avaialble at www.cndpolicechaplains.org. the bad guy is detained and everyone’s going home tonight.” It turned out that the weapon was a toy revolver, but who knew it at the moment? Only the guy holding it. Then the second-guessing began. As chaplain I listened the next morning to the officer who called, “Gun!” Did I do the right thing? I could have looked a little closer and seen it was a toy. Think of all those resources expended. Think of all those people put at risk. Those were just a few of the dozens of questions for which there were no answers. I assured him his emotional state and head space were very normal, especially given his lack of sleep the night after the

BLUE LINE MAGAZINE 27 OCTOBER 2016 DEEP BLUE by Dorothy Cotton

An alternative to ‘restful lectures’

A police service called recently to ask with people with mental illnesses, the cost or (c) figured it was not rocket science and if I’d be interested in teaching a session on of policing, appropriate use of force, inter- anyone could develop such a course (good mental illness, which I know a fair bit about. viewing techniques and — well, pretty well luck with that). Another service called later that day to ask if ‘Everything Police’. If CPKN makes a bit of money on one I would conduct a session on a subject I know Agencies differ by region, of course, but course, it reinvests it into updates, new nothing about. my guess is that the similarities are greater than courses, etc. It has adult learning expertise A few days later, another service asked the differences. This leads to one of the great that the rest of us can only admire from afar, my opinion about a workshop advertised by philosophical questions of all time: why do so and it can assess, evaluate and report on alleged “experts” on a specific mental health many organizations feel they have to start from participation. Rumor has it that the average disorder targeted specifically for police. The scratch when training on a particular topic? cost per user for a CPKN course is under hitch was that as far as I could tell, the perpe- Back to those inquiries I mentioned. I $8. Tough to argue with that. It’s also hard trators were not mental health professionals, often suggest people check out the Canadian to disagree that most of us are hopeless at had only self proclaimed credentials and noth- Police Knowledge Network offerings (http:// keeping up with technology — and that’s one ing to do with policing. Maybe it was a very www.cpkn.ca) before they go off on a wild area where CPKN shines. good workshop — and maybe not. I am not goose chase. These folks have the right idea I used to think online learning was talking sure how one would know. in a whole variety of ways. Their material heads and endless PowerPoint presentations, Clearly, police education and training are a really is police stuff, written for police by but the world of education has changed. We big deal these days — and a big ticket item for police. Perhaps more importantly, it’s not for now know that blended learning often out- police organizations. It has to be a challenge to profit. You just have to look at their web site paces traditional ‘you-lecture-while-I-sleep’ figure out how to provide the necessary educa- and board of directors to see they know what approaches. Most of us don’t have the skill tion in a cost effective manner while ensuring they’re talking about. They’re not a bunch of set or technology budget to keep up with this high quality and reliable content. Many agen- opportunists trying to make a buck through stuff like the CPKN does. cies have their own in-house training folks, of training. All in all, this seems like a pretty nifty course, but what is less clear to me is whether They have a longer reach than your aver- way to go about things, whether you need a these folks are always the best people to de- age individual police service so their courses general course or supplement to an in-house velop and deliver all types of training. are also developed by and vetted by subject thing. They can even design something from Education is a complicated business. matter experts who just might NOT be police. scratch for local purposes. If you have ideas Aside from the need for subject matter exper- Seems like a good blend to me. or experts that others might benefit from, they tise, there are issues related to adult learning Needless to say, given its non-profit status, can also move that along. styles, knowledge of contemporary teaching it’s also time and cost effective to use some- You might want to head to the Stanhope techniques (including online and blended thing like CPKN. I note that money is rather Conference one of these years. learning), evaluation methods, awareness of a big deal in policing these days. CPKN takes (www.stanhopeconference.com). organizational and police culture — the list care of all the design, development, delivery If you want to know what other police goes on. and support issues with their courses so you services have that you might leverage, check Frankly, I tend to think it might be prefer- don’t have to. They have the infrastructure and out the National Police Training Inventory able to buy this kind of expertise rather than seek out funding to do stuff that many organi- (www.npti.cpkn.ca), a searchable database of re-invent it (or not) each time a subject comes zations do off the corner of someone’s desk. police training rubrics from all across Canada. up. I suspect it will not come as a shock to Did YOUR organization get $15,000 from Sounds like a good idea to me! readers that many police services are dealing the Motorola Foundation to develop a suicide with the very same issues (who knew!?!?!). prevention course? If not, then I am guessing Dr. Dorothy Cotton is Blue Line’s psychology columnist, I know for a fact that both big cities and you either (a) have not done such training; (b) she can be reached at [email protected]. rural areas are concerned about interactions spent your own money to develop something;

OCTOBER 2016 28 BLUE LINE MAGAZINE Police Graduates

CONSTABLE CHRISTINE months later I still had the ‘bug’ so I jumped the prestigious Frank Dilley Award for Out- JOSEPH B.P.S. in”, said Dr. Savoie. standing Doctoral Study which is bestowed Constable Christine Joseph of the Vancouver “Skills Women Bring to the Position of upon a Walden student whose doctoral study Police Department was Chief of Police” is the title of her doctoral study. is judged as meeting the highest standards hired in April 2015 and It’s a multiple case study that used a conceptual of academic excellence. And so far so good. after graduating from the framework that incorporated the dual lenses She has made it through the preliminary police academy in Decem- of transformational leadership and gender round and her research is now being fully ber 2015 was assigned to theory. It was in 1994 that Canada had its first considered. District 1, which includes female police chief. Since then, 13 women Along with her obvious commitment to the downtown, west-end have become police chiefs; six have retired and continuous learning, Jo-Ann also has a pas- and Stanley Park. seven are currently serving. sion for law enforcement and the community. “It’s not a glass-ceiling study,” said Dr. Christine’s calling to be For the past six years, Jo-Ann has served as Savoie. “It’s about leadership skills and the President of Ontario Women in Law En- a police officer comes from skill sets needed to be competitive. The excit- forcement, OWLE. Additionally, she was the her father who served with the Lethbridge ing thing is that I was able to interview all 13 Fundraising Chair of Wilbuild, the Women in and Edmonton Police Services. women who have held the position of Chief Law Habitat for Humanity Hamilton project Christine attended the University of of Police in Canada.” which raised $250,000 and saw hundreds of Lethbridge and graduated with a Bachelor Coding and analyzing the interviewee’s women and men in law enforcement across of Arts Degree (Political Science) with Great responses showed three underlying themes Ontario build a Habitat home for a family in Distinction. She later attended the Univer- that the participants considered mandatory need. The home was completed in December sity of Victoria Law School and was awarded for the position of Chief of Police: higher 2015 and the key turned over to the family just numerous academic scholarships including a education, political and business acumen and before Christmas. Jo-Ann also served with Gold Medal from the British Columbia Law effective interpersonal skills. the Canadian Armed Forces from 1987- 2007 Society for being the top student. The research is ground-breaking as none as a Reservist, retiring at the rank of Major. Christine earned a position as a law clerk had been done previously in this area. Rec- Congratulations to Doctor Sergeant for the British Columbia Court of Appeal, and ognizing this, Jo-Ann’s Chair, Dr. Carol-Anne Savoie for this remarkable achievement. subsequently, with the Chief Justice of the Faint has nominated her doctoral study for Supreme Court of Canada in Ottawa. She worked with a commercial law firm and later accepted a position to assist a Su- preme Court Justice on a very high profile organized crime trial. Christine became a prosecutor at the Vancouver Provincial Courthouse and later moved to the Appeals and Special Prosecutions Division.

DOCTOR SERGEANT JO-ANN SAVOIE After a five year journey that saw a weekly commitment of 50 hours of research, class time and study, Sgt. Jo-Ann Savoie is now Doctor Savoie having just earned a Doctorate in Business Administration, with Honours, from Wal- den University in the Unit- ed States and was ‘hooded’ in a graduation ceremony on January 30, 2016. In her 20th year of policing, Sgt. Savoie is the Executive Officer to the Deputy Chiefs. Her work assignments have included Acting Staff Sergeant of Community Mobilization, Youth Coordinator, Crime Manager, Patrol Supervisor, Divisional Detective and Recruiter. Her education journey began with a Bachelor of Arts Degree from the University of Western Ontario, Masters of Arts degree from Royal Roads University, Risk Management Certificate from McMaster University and then on to Walden for her doctorate. “After finishing my Masters in 2009, six

BLUE LINE MAGAZINE 29 OCTOBER 2016 The Staff and Faculty congratulate all graduates on their success!

Police Leadership Graduates Fall 2015 — Summer 2016

SERVICE DELIVERY CERTIFICATE ADMINISTRATION CERTIFICATE Cpl. Ryan Frost Sgt. Jason Collier RCMP, Jasper Traffic Services, AB Sgt. Addie J. MacCallum RCMP, “E” Division, BC RCMP, Guysborough, NS Insp. Shawn A. Nash Cpl. Rodney Guthrie OPP West Region, London, ON Sgt. Barb Martin RCMP Drumheller, AB London Police Service, ON Sgt. Todd Walsh Cst. Chris Kelly RCMP, Codiac Det., NB Cst. Stephen Senuita RCMP, Fort McPherson, NT RCMP, Anahim Lake, BC LOCAL GOVERNMENT Sgt. Matthew LaBelle CERTIFICATE Det. Stephen Yan RCMP, Prince George, BC York Regional Police, ON Insp. Manj Kaila Cpl. Geoffrey Peters Port Moody Police Department, BC LAW AND JUSTICE CERTIFICATE RCMP, Teslin, YT ADVANCED CERTIFICATE Cst. Mark Arbour Cst. Ken Ramsay IN POLICE LEADERSHIP Victoria Police Department, BC York Regional Police, ON Cpl. Graham Gurski RCMP, Peace River, AB Sgt. J. Todd Christie SUPERVISORY SKILLS CERTIFICATE Peel Regional Police, ON S/Sgt. Robert Allan Sgt. Beth Milliard Barrie Police Service, ON York Regional Police, ON Cst. Brittany Hastie RCMP, Chilliwack, BC Cst. Vincent Bouchard QPP, Appalaches County, PQ This list is not exclusive. Some students could not be contacted Cpl. Matthew Picard and for reasons of privacy and security some did not wish to have RCMP, Taloyoak, NU Cst. Janelle Canning-Lue their names included. The Staff and Faculty of the Police Leader- RCMP, Yellowknife, NT ship Program want to congratulate all graduates on their success! Cpl. H.V. (Harold) Prime Cst. Shawn Arlington Cook RCMP, Grand Manan, NB RCMP, Ponteix, SK Sgt. Bruce MacPhail Award Sgt. Loretta Smith Cpl. Sébastien JF Decaens RCMP, “E” Division, BC for Academic Excellence at RCMP, Lamèque, NB Dalhousie University The 2016 award recipient, Cst. Mark Arbour of the York Regional Police, has a Bachelor of Arts degree with a concentration in Criminal Justice and Public Policy from Guelph University. He began his career with York Regional Police in December 2004 and later joined the Canine Unit and spent six years working with his canine partner, Falko, who was trained as a general purpose and narcotic detection service dog. After Falko was retired, Mark returned to 2 District and took on new roles as a Coach Officer and Acting Supervisor. He also obtained training for a six-month period in the Criminal Investigation Bureau. During this time, Mark completed his Certificate in Police Leadership in the Law and Justice concentration by completing the Police Leadership and Management Development, Legal Issues in Policing, and Policing and the Law of Human Rights courses. The online course format and flexibility provided a good balance between work and being a father to his twin three-year old daughters. These courses proved very beneficial as Mark applied the knowledge to his role as a coach officer and as an investigator. Mark says he is thankful to York Regional Police for their support of continuing education. He is especially thankful to his wife Melissa who was extremely supportive and would debate some of the current issues raised in the course material. The Sgt. Bruce MacPhail Award for Academic Excellence is presented to the municipal police officer who, in the past academic year, has achieved the highest overall average in a concentration certificate within the Police Leadership Program at Dalhousie University.

OCTOBER 2016 30 BLUE LINE MAGAZINE EDUCATION DIRECTORY

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BLUE LINE MAGAZINE 31 OCTOBER 2016 CASE LAW by Mike Novakowski Vehicle inventory justifies search

Ontario’s highest court has upheld the gang, potentially “armed and dangerous” and for investigative purposes where there are search of an abandoned vehicle and discovery had a previous firearm conviction. reasonable grounds to suspect in the cir- of a hidden handgun on the basis of conduct- Going into the pockets was also reason- cumstances that the person is connected to ing an inventory. able given that there were hard or sharp a particular recent or ongoing crime and In R. v. Ellis, 2016 ONCA 598 a police objects (a cell phone and car keys) within. detention is required [para. 25]. officer spotted an Acura and VW apparently The search was executed reasonably and the As for the frisk search, police may street racing at about 12:28 AM, going some items were immediately returned to Ellis, conduct a protective pat down search of 30-40 km/h over the speed limit. He fol- suggesting it was not merely a pretext to an individual detained for investigation lowed and chose to pursue the Acura into a discover keys but actually for the purpose where officers have reasonable grounds residential area. It turned down a dead-end of officer safety. to believe their safety or that of others is street and was found parked in a driveway The arrest too was lawful. The address on at risk. Police had information Ellis was a between two houses. Ellis’ licence matched the ownership of the gang member, potentially armed and dan- The officer saw a man in an oversized Acura. This tied him to the offence of careless gerous and was previously convicted for a white t-shirt walking away from the car to- driving and was sufficient to form reasonable firearms offence. ward the back of the houses as he pulled up. and probable grounds for his arrest. The search incident to an investigative A licence plate check revealed that The outstanding warrants revealed by the detention can also extend to a search of the Acura was registered to a 68-year-old CPIC check also provided grounds for arrest. the contents of pockets. This case was not woman who did not live on the street. While The judge found police were entitled to seize like R. v. Mann, 2004 SCC 52, where the waiting for backup, the officer saw two the Acura keys from Ellis pursuant to their Supreme Court held going beyond the pat men. One walking in the distance wore an powers of search incident to his subsequent ar- down to search the accused’s pockets after oversized white t-shirt and looked back in rest. As for the search of the car itself, it could feeling a soft object was unreasonable. the officer’s direction. not be justified as a search incidental to arrest. Instead, this pat down search revealed a Backup officers stopped the men for The Acura was not within Ellis’ imme- safety concern. identification and to ask about their activity diate surroundings or under his immediate During the pat down search, the officer in the area. Ellis, the man in the white t-shirt, control, there was no risk he could gain felt hard objects in the [accused’s] pockets was advised he was being investigatively access to it to obtain weapons or to destroy that could have been weapons. This was detained but not told of his right to counsel. evidence and it was unlikely police might not a case like Mann where the pat down Ellis said he was walking to the area find evidence in relation to the arrest or the did not give rise to any articulable safety from his home nearby, looking for a party. offences listed in the outstanding warrants. concern. The officer had a reasonable belief His driver’s licence listed the same address However, the judge concluded the search that the [accused] might be armed. In these as that of the registered Acura owner. El- was authorized as an inventory search under circumstances, it is not the function of this lis volunteered that he had an outstanding s. 221(1) of the HTA. court, many years after the incident and warrant for his arrest. A computer check The vehicle was “apparently abandoned” with knowledge of what was actually in the revealed Ellis had a previous firearms con- and police were lawfully entitled to perform pockets, to criticize the officer for searching viction, was a gang member and potentially an inventory search. The evidence, neverthe- the pockets to ensure that the hard objects “armed and dangerous.” less, was subject to a s. 24(2) Charter analysis were not weapons. Officers patted him down and asked since officers failed to provide a reason for A police officer in such circumstances is him to empty his pockets. He had two cell the detention and advise the accused of his in a dynamic and potentially life-threatening phones, cash and keys, which were immedi- right to counsel under s. 10 of the Charter. situation and he or she must be able to under- ately returned to him. The keys belonged to The gun was admitted as evidence and take a protective search in a reasonable manan Acura. The vehicle was to be impounded Ellis was convicted of unauthorized pos- ner to preserve his or her safety [para. 30]. under Ontario’s Highway Traffic Act (HTA) session of a firearm, being an occupant in a Seizing the car keys was lawful as an as abandoned and Ellis was arrested for motor vehicle in which he knew there was an incident to arrest even though it preceded careless driving, an HTA offence, and the unauthorized firearm and ammunition, unau- Ellis’ formal arrest. outstanding warrants. thorized possession of a loaded prohibited “The fact that the search was conducted The keys found on Ellis were used to search firearm and possession of a firearm contrary minutes before the arrest makes no difference,” the Acura and police discovered a fully loaded to an order. He was sentenced to seven years said Justice Hourigan. “A search that precedes .25 calibre handgun hidden behind a console in prison less time served. an arrest is valid as incident to that arrest where, panel. He was arrested for illegal possession Ellis appealed his convictions to the On- prior to the search, there existed reasonable and of a firearm, advised of his right to counsel and tario Court of Appeal arguing that the pocket probable grounds for the arrest.” charged with several weapons offences. search, seizure of the car keys, search of his Police had reasonable and probable An Ontario Superior Court of Justice car and seizure of the gun breached s. 8 of the grounds to arrest Ellis for careless driving at judge found police had “articulable cause” Charter. In his view, the evidence of the gun the time of the key seizure. or “reasonable grounds” to suspect Ellis was ought to have been excluded under s. 24(2). involved in the provincial offence of careless Vehicle search driving, so the investigative detention was Pocket search & key seizure The Crown argued that searching the valid. The cars were seen speeding and the The appeal court found police did not Acura was both valid as a search incident to officer suspected the man in the oversized breach Ellis’ Charter rights when they arrest and as an inventory search of an aban- white t-shirt was the driver. searched his pockets and seized the keys. doned vehicle impounded under s. 221(1) of The pat down search for officer safety First, the accused’s detention was lawful. the HTA. The appeal court, however, agreed was reasonable. Ellis was affiliated with a A police officer may detain an individual with the trial judge that the car search could

OCTOBER 2016 32 BLUE LINE MAGAZINE not be justified as an incidental to arrest. The car was about 50 metres from where Ellis was arrested. He was in custody and handcuffed and thus unable to secure a weapon from or destroy evidence inside the vehicle. The search would not yield any evidence in connection with the offence of careless driving. Police knew that Ellis and the Acura owner lived at the same address, so it was unlikely to be stolen, and it was not necessary to seize any ownership or registra- tion documents. The inventory of the vehicle, however, did justify the search. Under s. 221(1) of the HTA “a police officer... who discovers a vehicle apparently abandoned on or near a highway... may take the vehicle into the custody of the law and may cause it to be taken to and stored in a suitable place.” This statutory authority provided a lawful basis for the search. First, the Acura was “apparently abandoned.” Ellis was fleeing police, parked his vehicle with the intention of distancing himself from it and left it on a private driveway where he knew it could not legally remain. Second, police have a responsibility to keep impounded property safe, which may require they search and inventory the vehicle. Officers testified the inventory search was necessary to see if there were any valuables in the car, as authorized by law under s. 221(a) of the HTA. The search was not unreasonable and did not breach s. 8.

Gun admissibility Even though police breached Ellis’ s. 10 rights by not advising him of his right to counsel and failing to state the reason for his detention, the evidence was not to be excluded under s. 24(2). The appeal court found the trial judge considered the proper factors in his analysis and the gun was admissible. Ellis’ conviction appeal was dismissed.

BLUE LINE MAGAZINE 33 OCTOBER 2016 CASE LAW by Mike Novakowski Search not justified, crucial evidence excluded

The Ontario Court under s. 8 of the Charter. He sought the exclu- At the point at which the officers decided to of Appeal excluded a sion of the handgun and Taser under s. 24(2). approach the [accused], the evidence support- loaded handgun after In his view, he had a reasonable expectation of ed a reasonable suspicion that the appellant police were unable privacy in his car, which he did not abandon was in the process of casing gas stations. The to justify their search when he fled the gas station. police observed him exiting and re-entering of a car. The Crown countered that the accused had the Petro-Canada kiosk. While inside, he In R. v. Dunkley, no reasonable expectation of privacy in his car moved around without purchasing anything. 2016 ONCA 597 two and, even if he did, police had the authority The officers believed that they had been plainclothes detectives to conduct a search incidental to an inevitable identified as police when he exited the kiosk saw the accused acting arrest or to conduct an inventory search of the and the [accused] left the parking lot at a high suspiciously at a Petro- abandoned vehicle under s. 221(1) of Ontario’s rate of speed. He then engaged in a common Canada gas station. He Highway Traffic Act (HTA). counter-surveillance technique in the Mac- filled his car and entered The trial judge found it was reasonable Donald’s parking lot. and exited the kiosk two for the detectives to be suspicious of someone Having just gone to a gas station, the ap- or three times. As they exiting and entering the kiosk two to three pellant then stopped at another gas station. drove by, he made eye times and not unreasonable to investigate The police officers obtained information at contact with one of the further. This suspicious activity, the vehicle that stage that the [accused] was on parole detectives. The detective owner being on parole for robbery with a for robbery and firearms convictions. thought he had “been firearm, leaving the gas station quickly and This was not a situation where the police made” (identified as a the “counter-surveillance manoeuvre” gave stop a member of the public based on a gen- police officer). the detectives further reasonable grounds to eralized feeling that the individual is doing Dunkley pulled out suspect Dunkley was casing gas stations. something wrong. This stop was not based on of the gas station at a The judge found the detectives had reason- police hunches. These were two experienced high rate of speed. The able and probable grounds to detain Dunkley detectives who observed a series of suspicious detectives followed, for further investigation at the time he exited movements by the appellant. There were rea- suspicious of his ac- the Esso kiosk. When Dunkley fled, police had sonable grounds to suspect that the appellant tivity and driving. reasonable grounds to search his car to identify was casing gas stations [para. 30-31]. The licence plate and car came back registered who had fled the scene. to Dunkley and the computer check revealed The judge also agreed with the Crown that The search at common law he was on parole for robbery involving a police were entitled to seize the apparently Since warrantless searches are presump- firearm. abandoned car under s. 221(1) of the HTA tively unreasonable, the Crown had the burden Dunkley turned into a McDonald’s park- and conduct an inventory search. Even if there of establishing on a balance of probabilities ing lot, then an Esso parking lot; seemingly was a Charter breach, the judge would have that the search was reasonable. The court counter surveillance maneuvers. The detec- allowed the evidence under s. 24(2). Dunkley found the search could not be upheld on the tives approached after he entered and then was convicted of several weapons offences. basis of either the common law authority as a exited the Esso kiosk. One identified himself Dunkley challenged his convictions to search incident to arrest or incident to inves- as a police officer and asked for identification. the Ontario Court of Appeal, arguing the trial tigative detention. Dunkley backed away and then ran. The detec- judge erred in finding no Charter breaches. In tives chased, calling out “Stop! Police!” but his view, police did not have reasonable and (i) Incident to arrest stopped after one rolled his ankle. probable grounds to detain him, nor the com- A search incident to arrest can be con- Police returned to Dunkley’s car and mon law or statutory authority under s. 221 of ducted to ensure the safety of police and opened the unlocked front door to look for the HTA to search his vehicle. It was Dunkley’s public, to protect evidence from destruction identification. A detective saw a gym bag in position that the gun and Taser should have and to discover evidence to be used at trial. the back seat, looked inside and saw a hand- been excluded under s. 24(2). A search may be conducted prior to arrest as gun. Continuing to search for identification, long as the grounds for arrest exist at the time police looked inside a black laptop bag, also The detention of the search. Police did not have reasonable on the back seat, saw the butt end of a black Ontario’s top court agreed with the trial and probable grounds to arrest Dunkley at the handgun, stopped the search for identification judge that Dunkley’s detention, although mo- time of the search. and sealed the car for a search warrant. mentary when the officers confronted him for “When they approached the [accused], Dunkley was located and arrested a short the purposes of their investigation and identi- they were still in the investigative stage,” time later and his keys were found in a green fied themselves, was lawful. said Hourigan. space behind a residential area. A search war- “The police have the authority to detain They had reasonable suspicion an of- rant was issued for Dunkley’s car and a Taser a member of the public for investigative fence had been or was being committed. and 9 mm Ruger handgun were found. detention upon the formation of a reasonable However, in my view, even after the [ac- In the Ontario Superior Court of Justice suspicion that the individual is connected to an cused] fled, the police did not have the Dunkley argued that the search of his car be- offence that has been or is being committed,” reasonable grounds required, within the fore the warrant was issued was unreasonable said Justice Hourigan, speaking for the court. meaning of s. 495 of the [Criminal Code], to

OCTOBER 2016 34 BLUE LINE MAGAZINE arrest him. On the available facts, taken at their highest, the officers had a reasonable suspicion. Therefore, the officers could not LES MOTS JUSTES - affect a search of his car pursuant to the power to search incident to arrest. FRENCH LAW TERMS TO GO

(ii) Incident to investigative by Jason Pilon Having been confronted with this situation many times in the past, I compiled a portable glossary detention It can often be daunting to testify in a criminal of legal terms and phrases in French to take into The power to search pursuant to an inves- trial. There’s the usual stresses and strains of follow- court and peruse when the word(s) escape either tigative detention is much more limited than a ing your oath, responding to compound questions my knowledge or memory. After a while, the proper search incident to arrest and must be related to and dealing with the vicissitudes of memory, but words and phrases (some obvious, others far less articulable safety concerns. A search for iden- witnesses are also challenged by the complexity so) became more familiar such that they eventually tification after an accused has fled the scene and frequency of unusual legal terms and concepts. became a standard part of my courtroom vocabulary. has no nexus to a concern for officer or public Even lawyers — “professional linguists” who While not as exhaustive or otherwise complete make their living using precise words or phrases as a traditional lexicon, this glossary is not as cumber- safety directly arising out of an investigative — are often tripped up when it comes to using the detention. Thus, the search of the car could not some or obvious and not encumbered by irrelevant, proper terms and correct legalese. The difficulties non-criminal related terms. The glossary presumes be justified on this basis. encountered by both “questioner” and “answerer” at at least a basic working knowledge of French and is trial are only amplified when a witness is examined intended as a printable/portable quick reference or s. 221(1) HTA in a second language. aide mémoire in court. Pursuant to a lawful vehicle impound- Under s.530 (4) of the Criminal Code and The 19th Century French novelist and lead- ment under s. 221(1), police may conduct the Supreme Court of Canada decision in R. v. ing exponent of literary realism, Gustave Flaubert, an inventory search to keep the impounded Beaulac, [1999] S.C.J. No. 25 (S.C.C.), persons fervently believed in the principle of finding “le mot property safe. The fact police may also have charged with a crime are specifically entitled, upon juste” (the right word), which he considered the best application, to choose to be tried in English, French way to achieve quality in literary art. He would often been looking for a weapon while conducting or, if the circumstances warrant, both. As a result, an inventory search does not render the search spend weeks looking for the precise word to use at a lawyers and police witnesses with varying degrees specific time. I hope the glossary will assist partici- unlawful, nor are they limited to itemizing vis- of proficiency in French are frequently called upon pants in criminal trials to have the right word(s) closer ible property. They have the authority to open to examine or testify, and often find themselves ill- at hand when it matters the most. bags or other containers in order to itemize equipped for the task. the contents. While perfectly capable of communicating in http://blueline.ca/English-French-Glossary-of-Legal- Terms.pdf The section is triggered if a vehicle is “ap- French outside of court, they often strain to identify parently abandoned” and that determination and use the correct words and phrases as they are Jason Pilon is an Assistant Crown Attorney for the United Counties of Stormont, Dundas & Glengarry and the District of depends on the facts of each case. Dunkley’s commonly used in French trials. Simply put, even the most educated and otherwise bilingual lawyers Akwesasne in Cornwall, ON. The opinions expressed in this vehicle was in the lot of a commercial estab- and police officers are not all equally familiar with article are those of the author alone and do not necessarily represent the position of the Ministry of the Attorney General. lishment and was not parked there with the “French legalese.” intent to abandon it and flee police. It was not until the officers confronted Dunkley that he fled on foot. Although this could be consistent with abandonment, without more it was difficult to conclude that he intended to abandon his vehicle. In Hourigan’s view, the trial judge erred in concluding the vehicle was apparently abandoned within the meaning of s. 221(1). Since this provision did not apply, the search was not authorized by law and unreasonable under s. 8.

s. 24(2) Charter The appeal court excluded the evidence under s. 24(2) even though it was important to the Crown’s case. The Charter breach was flagrant and favoured exclusion. Police “acted on a hunch and, rather than wait for a warrant, they ignored the [accused’s] Charter rights in proceeding to search for identification.” The impact of the search on Dunkley’s Charter protected interests was also significant. The vehicle belonged to the [accused], and there was nothing about the vehicle that suggested it was in violation of any law or regulation. Further, the weapons would not inevitably have been discovered since the officers would have required reasonable and probable grounds to obtain a warrant and these were not available on the facts. Dunkley’s appeal was allowed, the evidence excluded and acquittals entered on all charges.

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

BLUE LINE MAGAZINE 35 OCTOBER 2016 PRODUCT SHOWCASE DISPATCHES

Roger Brown, the Assistant Commissioner of the RCMP in New Brunswick since 2013 retired in June after a 36 year career. The Newfoundland native joined the RCMP in 1980. In addition to front-line policing, Brown also worked in Federal MECHANIX WEAR Enforcement, instructed at Depot in Regina, and worked in Officer’s Mechanix Wear’s Recon patrol glove is a performance Staffing and Personnel and the Executive/ leather tactical glove built with hair sheep leather to Diplomatic protection section. Brown was provide law enforcement officers with versatile hand also C/ Supt. of human resources central protection when responding to calls. division and A/Commissioner Depot. He completed Human Resources studies at UofT Rotman School of Business, St. Francis Xavier University, Dalhousie University and the University of Waterloo. ••• “Bud” Herbert Knight, a permanent instructor at the Ontario Police College for 21 years and police officer with the Sault Ste. Marie Police 13 years before that, PSI PRO SECURITY SPRAY passed away on July 31, 2016 at the age of 88. Bud This non-lethal oleoresin capsicum-free chemical was an expert on liquor laws, formula is more effective against aggressors than the Young Offenders Act and pepper spray. The active ingredients are water soluble, criminal investigations. He was instrumental in food-grade and biodegradable and have passed safety establishing the Committee of Youth Officers, testing by the Brazilian Food and Drug agency (ANVI- which later named their annual provincial award SA). PSI Pro is available in a liquid stream canisters of excellence after him. in eight sizes from 50-350g, and a cone-shaped mist ••• version is available in ten sizes from 50-930g. Mario Harel, Directeur of the Gatineau Police Service was elected as the new president of the CACP, during their annual general meeting in August. Harel has more than 32 years of police experience, has been the Directeur of GPS since February 2009 and was awarded officer of the Order of Merit of PANASONIC TOUGHBOOK 20 the Police Forces in January 2013. Harel has extensive expertise at the regional, provincial The Panasonic Toughbook 20 is a rugged, lightweight and national levels. He was involved in the laptop that detaches to become a 10.1” tablet. At only United Way, is a member of the Board of 3.9 pounds and with a built-in handle that functions as Directors of the Missing Children Society of a kickstand, this 2-in-1 notebook is good-on-the-go. Canada, is the past Vice President of the CACP Featuring an optional bridge battery, the broadest range and a board member of the ADPQ. of ports/integrated options, and a durable MIL-STD- ••• 810G and IP65 design, it can take the abuse of any job. William McCormack, the retired chief of the Metropolitan Toronto Police Force passed away on September 8, 2016 at the age of 83. He joined the force in 1959 after service in the British Navy and with police in England and Bermuda. McCormack’s started his career as a beat-officer for 10 years, before moving on to a lengthy tenure at the Homicide INSTANT ARMOR Squad where he investigated more than 100 homicides. He served as chief from The TACIII+ System consists of easy to deploy ballistic 1989 to 1995 after several years as a staff panels that meet or exceed N.I.J. Threat Level III protec- superintendent, deputy chief and acting chief of tion against high-power rifle fire. Available individually, police. McCormack was awarded the Queen’s or as a five panel package that can be bolted together Golden Jubilee medal in 2002 and a Diamond with quick acting T Bolts to provide 30 square feet of Jubilee medal in 2013. continuous protection with a 2.5” overlap between ••• panels. Gladiator Grip on each panel provides positive CORRECTION: In the August/September issue of single-arm control. Blue Line Magazine, Superintendent Gordon Perrier of the Winnipeg Police Service was mistakenly listed as the new Chief of Police. He is in fact the new Deputy Chief of Police of the WPS.

OCTOBER 2016 36 BLUE LINE MAGAZINE MARKET PLACE

BLUE LINE MAGAZINE 37 OCTOBER 2016 BACK OF THE BOOK Two more years of ball bouncing Advertisers Directory by Ian Parsons Learn more about these Canadian Law Enforcement suppliers at Seventy percent of murdered indigenous women are killed by indigenous men – RCMP www.BlueLine.ca The recently announced, $54 million National Inquiry into Missing and Murdered to prepare them for their roles as parents. Indigenous Women and Girls plans to take Combine all these factors and it is not sur- 247 Security Inc. 9 two years to complete its work and publish its prising that spousal assaults and violence became 911 Gear 37 very prevalent on reservations. Children being report. Its efforts will no doubt raise awareness American Military University 19 to the ongoing tragedy and utter hopelessness reared under such disturbing circumstances often of life on reservations. mature into models of their parents, perpetuating Artcal Graphics 37 A cynic might wonder what the inquiry the problems with their own children. Blue Line 21,39 will change and how many more women will These discriminating sections of the suffer in the interim. Indian Act starkly reflected the paternalistic Chief’s Gala 4 When people struggle with economic attitude of successive Canadian governments Cornerstone Mediation 37 toward indigenous peoples. deprivation, poverty and loss of identity, alco- Dalhousie 30 holism and drug abuse are common. Domestic When the dynamics that lead to violence violence is almost inevitable under such condi- against indigenous women are so self-evident, Fisher Space Pen 37 tions. Every ghetto in every city in the world striking an inquiry to determine causation Georgian College 23 has near identical dynamics and statistics when seems redundant to the extreme. it comes to violence against women. The $53.8 million budget allocated to the Heroes Are Human 37 The data is in. discovery of the problems would be far better Humber College 29 spent beginning to solve them. The issue has If one narrowed the focus of the inquiry to Missing Children 37 law enforcement personnel who have served prevailed for decades, even centuries. in indigenous communities across Canada and Sociologists and academics have pointed Momentum Watch 37 asked the right questions, the root causations to the third world conditions on reservations P & R Infrared 25 would be blatantly obvious without incurring and made recommendations but nothing the exorbitant cost of this national inquiry. changes. Panasonic Canada 40 Environmental conditions on most Canadian Law enforcement is often the “leading Pride in Service 37 edge” of government policy and is caught reservations are abhorrent. Unemployment is Smith & Wesson 2 rampant, poverty is everywhere, and the likeli- in the middle. Not always responding to the hood of positive self-identity among residents unique policing needs of indigenous com- Target Sports 37 is remote. With no prospects to escape such a munities with a measure of empathy, police Tags Conference 17 setting, alcohol or drugs dull the pain and self- in recent years have attempted to present a hatred many indigenous people feel. more “community based” profile. Teel Technologies Canada 17 Many who venture to cities gravitate to Historically, politicians have bounced the Thomson Reuters 15,35 ball back and forth on this issue, rarely offer- similar depressed areas and experience even Travers Communications 37 greater rejection due to minimal education and ing any alternatives to remedy the perennially lack of skills or job training. terrible conditions Canada’s indigenous people University of Guelph-Humber 11 Just a little over a generation past, the have had to endure. William Scully Ltd. 37 Indian Act deemed it unlawful for an Indian In the end, police are left to confront (the official terminology in the Indian Act) to the vexing and violent manifestations of the Wolverine Supplies 27 possess liquor either on or off the reserve. In shoddy treatment of indigenous peoples. The Wolverine Worldwide / Bates 33 disproportionate incarceration of indigenous 1970, in the case of R v Drybones, the major- Zoll Medical 13 ity of the Canadian Supreme Court considered citizens in our gaols is another sad but very s.94(b) of that act, which made it an offence evident symptom of the entire issue. for an Indian to be intoxicated off a reserve. Two more years will pass while this in- In effect the section singled out Indians quiry deliberates, ponders and assembles their because there was no similar legislation pe- findings. Indigenous people will continue to nalizing intoxicated non-Indians. The court languish in prison. More indigenous women ruled that this section contravenes the equality will die along with many of their men. It is guarantee in s. 1 (b) of the Canadian Bill of time to wrestle this monster to the ground and Rights and struck it down. finally integrate Canada’s indigenous peoples It is not surprising that indigenous people into Canadian society. during those years would ingest an intoxicant It will take resources and money and some as quickly as possible to avoid a confronta- very hard decisions. The new Liberal govern- tion with police. Often the result would be a ment is turning a compassionate face to these “drunken Indian.” Those were the conditions forgotten people. Now it must take the hard under which indigenous people were social- steps to really make a difference. ized into consuming liquor. The plethora of negative dynamics was Ian T. Parsons is a retired RCMP inspector currently living further exacerbated by sexual abuse many in Courtenay, BC. He is the author of No Easy Ride - Re- indigenous children experienced in residential flections of my life in the RCMP and an occasional Blue schools. The trauma victims suffered did little Line editorialist. Contact: [email protected]

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