Blue Line Magazine 2 MAY 2007 May 2007 Volume 19 Number 5

This month’s cover features a recruit class of Auxiliary officers with the Ontario Provincial Police. For just over 50 years Auxiliary Police officers have been supplying many hours of volunteer work so that regular members can get on with their daily efforts of protecting the community. Aux. Cst. Susan Stetham is seen here working crowd control at one of many annual special events in Toronto. Read more on page 7.

6 Policing for the love of it 12 Hands in their pockets Celebrating 50 years of Auxiliary Policing Getting your hands on criminal assets 9 New protocol for foreign investigations 16 Blue lightning Police pursuits or fun and games? 10 Nurturing relationships 20 The sound of silence Chief Barry King leaves a legacy of policing initiatives When the calls go down - police attention goes up

38 Advertiser Index 22 Grounds for detention less than arrest 29 A Matter of Faith 22 Mr. Big did not violate Charter 38 Back of the Book 23 Lawyer should speak to client first 33 Deep Blue 24 Police questioning not necessarily detention 15 Dispatches 25 Realistic opportunity to consult counsel key 37 Market Place 31 Odditorials 32 Perspective 5 Publisher’s Commentary 34 Technology

BlueBlue LineLine MagazineMagazine 33 MAY 20072007 Blue Line Magazine 4 MAY 2007 An honour removed by parentheses by Morley Lymburner need so many caveats unless it is designed to Someone, at sometime, on the Board of the I have had many concerns over the Cana- appease special interests? I thought we were to Police Officer Memorial has determined these dian Police and Peace Officer’s Memorial in the remember their loss and sacrifice not the work- two officers warrant a place on the memorial. past. When it was first planned I questioned the ing agreements which existed when they died. This in spite of a rambling, heavily edited sec- location of the memorial and challenged the cri- For instance, given the criteria supplied, tion one with caveats and parentheses. teria used for selecting the location. I have since police officers of the Canadian National Rail- Now, fast forward to Auxiliary Constable objected to the placing of the memorial in the ways and the Canadian Pacific Railway should Glen Evely, who died last year under the same back of Parliament. During one of my visits a be excluded. circumstances. Inclusion denied! His sacrifice garbage truck was picking up Parliament’s There are five names on the memorial from means no recognition on a glass panel. The only dumpster. It came perilously close to backing these two private companies. One person is reason given for the denial... the parentheses. into the name plaques embedded in dirt. listed as a “Guard.” Others are entered with- Why are they there and who put them there? I still feel the only place for this memorial out any knowledge as to how they died. Who Not only did Glen Evely become a sworn is on the expansive front lawn of the Supreme determined if they met the criteria of dying by member of the RCMP, he animated that oath Court of Canada. A necessary reminder of the “external influence?” by giving his life in an attempt to protect the cost of maintaining a justice system which, far Harold B. Thompson is listed as an “Of- public. He did so willingly by putting on the too often, ignores the hard work and sacrifices ficer” with the Saskatchewan Natural Re- same uniform as every police officer in this made to keep the people of this country safe sources. Notes attached state the circumstances country. He did so even though he was not each day. And not to mention the recognition surrounding his death are unknown and it begs given the extra privileges of others he worked of those responsible for feeding the engine that anyone with information to supply it. How did with. Things like a gun or pay were denied him permit all those comfortable careers as lawyers this name get on the memorial? by policy. He took more risks than a regular and judges. Right after that one is J. Leslie Greer “For- member each day he donned that uniform. He But recognition is the real reason I am writ- est Ranger” from New Brunswick with the same risked his own livelihood and the support of ing this piece. I now have one more reason to message. Similar anomalies abound. An Assist- his family. He felt strongly enough about serv- question the Canadian Police Officer’s Memo- ant Forest Ranger. What is that? Where does it ing the community that he was willing to make rial. It has turned into a photo op for the me- fit in the criteria of section one? There are two those sacrifices. dia, a political tool of gamesmanship, and a more anomalies. A “Forest Warden” and a “For- Well you know what? Glen made that su- labour relations platform whose true value has est Ranger.” Both from New Brunswick and preme sacrifice. He made it in the place of a outstripped any true recognition of the offic- both died within a day of each other in 1980. regular duty police officer. For this his memory ers who gave their lives. Once again the circumstances surrounding their is insulted by a group of people who appear If one has reason to doubt what I have just deaths are unknown. Also included in this list not to understand what sacrifice is. said they only need to read the number one cri- are two “Living Unit” officers. What is that? This magazine is open to anyone who was teria for being included on the memorial itself. The two I am particularly interested in are part of the decision to deny this officer a place 1. The deceased must have been a sworn these officers: of honour, to explain why. There will be no com- paid, full time peace officer in Canada serving • Auxiliary Constable Frederick A. Abel ment from me in rebuttal. Lets see who has the as a regular member or employee of a federal, 22 years old courage to respond. Each month there is silence provincial, municipal law enforcement agency R.C.M.P., Alberta I will place a reminder of it here. or service and died as a result of an external Date of Death: April 4, 1986 Parentheses can always be added. (They can influence. (For greater clarity, this criteria does Killed in a police vehicle collision. also be honourably and silently taken away with not include private agencies, auxiliary person- no further remarks at all.) nel or other volunteers.) • Auxiliary Constable J.E. Sam Balmer This is a disgraceful, twisted, politically 25 years old correct testament to the living and does noth- R.C.M.P., British Columbia Your comments are expected. ing to honour fallen officers. Date of Death: August 29, 1992 [email protected] Why does a description of a police officer Killed in a police vehicle collision.

Blue Line Magazine 5 MAY 2007 Celebrating 50 years of Auxiliary Policing by Tom Farrar and Matt Collison

In the wake of the devastation caused by boundaries of what is now known as the City over the years has encouraged police services Hurricane Hazel in 1954, Toronto quickly real- of Toronto were merged into the Metropolitan across Canada to institute similar branches. ized that there was a pressing need for consider- Toronto Police Force in 1957 and the civil de- There are many individual stories of the ably more resources to handle future disasters. fence unit became the core of the newly formed men and women that became members of the Toronto Civil Defence, a group of volunteers Metropolitan Toronto Auxiliary Force. auxiliary. Officers brought along a multitude trained to respond to emergencies, was born. The auxiliary service is celebrating its 50th of skills, including a multi-cultural/multi- lan- The seven area police forces within the Anniversary this year. The success it has enjoyed guage capability that wasn’t present in the force

Blue Line Magazine 6 MAY 2007 Aux. Cst. Ed Haywood and son Mark in the 1950’s and 60’s. It wasn’t unusual for a female auxiliary of- ficer to be asked to assist when a regular of- ficer wasn’t available to interview a female units), he is the designated driver of the yel- auxiliary an integral part of its total policing subject, or for an auxiliary with language skills low ’57 Chevy used in parades and police pro- strategy for the province, and the unit is a model to translate during an investigation. Many life- motional activity throughout the city. He is also both in Canada and internationally. A ‘statement long friendships were established from this a regular uniformed presence at the Toronto of intent’ details the mandate of auxiliaries, en- teamwork. Over the years auxiliary officers Police Museum. suring they are not used inappropriately in a way have also been accepted as full time members The strength of Hayward’s commitment to which may be perceived as replacing regular in Toronto and other police services through- the Toronto Police Service is exemplary. He officers. The only one of its kind in North out the Greater Toronto Area. encouraged his son Mark to join the service in America, the statement was jointly signed by Ed Hayward has been a member since the 1981 (he currently serves as a motorcycle ser- the OPP commissioner, association and commis- beginning. Members back then were not only geant working out of 52 Division). Both father sioned officers association. It documents a clear taught how to deal with natural disasters but and son received medals at a ceremony in 2001 understanding of expectations and creates the also trained to respond should the Cold War – Ed for 45 years of service and Mark for 20 foundation for a good working relationship be- heat up, learning first aid, rescue and how to years of service. tween regular and auxiliary members. use Geiger counters and help evacuate the city. One of the elder Hayward’s proudest OPP auxiliary officers are entitled to many Hayward was among the first 340 mem- memories while on duty was rescuing two peo- of the same benefits available to full time offic- bers when the auxiliary police service was ple from their sinking sailboat in Lake Ontario ers. Insurance coverage, although limited to formed. Training expanded to include motor- during a storm. when they are actually on duty and under the cycles and police policies and procedures and Hayward has volunteered more than direction of a regular member, is very compre- he became an instructor, teaching auxiliary of- 25,000 hours over his 50 years of service, and hensive. If an auxiliary officer is injured on the ficers to ride motorcycles and control traffic that’s a conservative estimate. “When you don’t job, for example, and cannot return to their regu- and crowds. The motorcycle unit was active have to do something you like, you really can lar employment, they may qualify for workers during parades, sporting events and other large enjoy doing it,” Hayward replied when asked compensation at the salary level of a first class gatherings, controlling intersections and pro- why he dedicated so much time. constable. Officers also have full access to the viding escorts. OPP employee assistance program, life insur- Hayward had achieved the rank of aux s/ Ontario Provincial Police ance and indemnification from civil lawsuit. sgt when he was selected in 1986 to head up Auxiliary The association provides legal representa- the newly formed auxiliary marine unit. An The OPP Auxiliary also evolved from a tion should auxiliaries face investigation, avid boater, he was a natural choice. Unit mem- disaster relief agency, the Ontario Emergency though to date no auxiliary member has re- bers undertook the same vigorous training as Measures Organization (similar to Toronto quired that service. their Toronto police partners and assisted in Civil Defence), in 1960. The OPP is frequently thought of as the boat safety inspections, patrolling the harbour On its web site, the OPP notes an auxiliary ‘highway patrol’ and while this is certainly part and search and rescue. officer’s duties are “endless but include traffic of its mandate, it also serves many small and Marine units have proven to be the most control, ground security at major events, do- medium sized communities through its 165 efficient mode of transportation for police dur- ing surveys, seat belt clinics, assisting on RIDE detachments throughout the province. In addi- ing Toronto’s annual Caribana parade, which initiatives, bicycle inspections and rodeos, as- tion to regular officers, each detachment is aug- brings hundreds of thousand of celebrants to sisting at safety displays and presentations, foot mented by an authorized auxiliary compliment the waterfront. and road patrols with regular members, accom- of nearly 800 members; they contributed more Hayward’s ‘official’ retirement as an aux- panying regular members on marine and snow than 204,000 hours of service in 2006 alone. iliary staff inspector occurred in 1997 but that vehicle patrol, victim assistance, tagging evi- The value of this partnership is exempli- wasn’t the end of his active involvement with dence, ceremonial duties, search and rescue (to fied by the more than 600 letters regular OPP police services. As a member of AUXO (re- name a few).” members write annually recognizing and tired auxiliary officers that provide support The force has moved toward making the commending their auxiliary counterparts.

Blue Line Magazine 7 MAY 2007 their own, without the supervision of a regular we’re using them extensively in both com- member, and would no longer be armed. Prior munity policing roles, service delivery and to this, all BC auxiliaries were armed, unlike other duties such as DARE (Drug Abuse Re- their counterparts in the rest of the country. sistance Education).” More aggressive recruiting strategies were Auxiliaries are only required to log about also implemented and the number of volun- 160 hours per year, Clark explains, but many teers soon skyrocketed to more than 1,200, exceed that greatly. Some log 500 or 1,000 just over half of the Mounties’ total national hours and one officer volunteered more than auxiliary force. 1,700 hours. Despite this huge increase Clark intends to “We refer to the auxiliaries as the ultimate keep working at recruiting and has set a goal of volunteer,” Clark said, adding he has his own having 1,500 members in BC by 2010 and 1,800 theory why so many people are willing to give by 2012. He expects the total number of auxil- so much of their time. iary officers nationally to reach around 3,000. “Once they get involved with it, it be- Allowing auxiliaries to work on their own comes very addictive,” he explains. “They fall was the best thing that ever happened to the in love with the policing organization and the Royal Canadian Mounted program, Clark notes, since they can now be a family aspect of it. They realize they do make Police Auxiliary total support team and do whatever jobs need a difference.” Corporal Tom Clark has coordinated the to be filled. Officers have a larger role today Keeping auxiliaries happy is an important RCMP’s auxiliary program for more than seven than they have since the program’s inception part of his job. The BC division has set up its’ years, helping to bring the program back from in 1952; their role back then was to help out in own advisory committee, made up of 10 usu- near extinction. case of emergency during the Cold War. ally veteran volunteers, giving volunteer of- The number of auxiliary volunteers in E- “From community policing duties to bike ficers a chance to make suggestions and air Division (British Columbia) in 1999/2000 was patrols (and) foot patrols, they are also tacti- any grievances. down to about 250 so the program was restruc- cal observers in the helicopter and a host of “Their level of satisfaction is paramount tured. Auxiliaries could now perform tasks on other duties as well,” Clark said. “Right now to the program,” notes Clark. Auxiliary police line of duty deaths

Auxiliary Constable Frederick A. Abel, 22 Auxiliary Constable Glen Evely, 39 Auxiliary Police Officer Royal Canadian Mounted Police Royal Canadian Mounted Police Yevgeniy (Eugene) Marshalik, 19 End of Watch: Friday, April 4, End of Watch: Saturday, November New York City PD - Auxiliary Police Section 1986 13, 2004 End of Watch: Wednesday, March Incident Details Incident Details Cause of Death: Automobile ac- Cause of Death: Vehicular assault 14, 2007 cident Date of Incident: Saturday, Novem- Incident Details Date of Incident: Friday, April 4, ber 13, 2004 Cause of Death: Gunfire 1986 Incident Location: British Columbia Incident Location: Alberta Weapon Used: Automobile Date of Incident: Wednesday, Weapon Used: Not available Suspect Info: Apprehended March 14, 2007 Suspect Info: Not available Auxiliary Constable Frederick Abel and Corporal Auxiliary Constable Evely was killed when his patrol Weapon Used: Handgun Bud Johanson were working at Lethbridge Detach- car was struck by a stolen pickup truck following a police Suspect Info: Shot and killed ment in Alberta at the time of their death. pursuit in Vernon, British Columbia. Other officers had initi- They were working together when they received a ated the pursuit at approximately 0215 hours after receiv- Auxiliary Officers Yevgeniy Marshalik and call of a suspected impaired driver, driving a pick up truck ing reports of a drunk driver. When they located the vehicle Pekearo were shot and killed while following a killer East bound in the West bound lanes of Highway 3. The they determined that it had been stolen the night before. who had just murdered a pizza shop employee in highway is a divided four lane highway that travels through When the officers attempted to stop the truck the driver Greenwich Village. Lethbridge. They were on their way to investigate the sped away. The pursuing officers broke off the chase shortly The killer had entered the shop, asked for a menu, complaint and were driving West bound on highway 3. after it began as a result of the suspect’s reckless driving. and then shot the employee in the back fifteen times About 7 km West of Lethbridge, their police car Even though the chase had been terminated the after the man turned around. collided with the pick up truck travelling on the wrong driver continued to flee. At the intersection of 29th Street Auxiliary Officers Pekearo and Marshalik, both of side of the road. The resulting head on collision killed and 30th Avenue, in Vernon, the driver ran a red light and whom were unarmed and on foot patrol in the area of the officers and the occupants of the pick up truck. struck the patrol car Auxiliary Constable Evely was riding the shooting, heard the description of the assailant that in. Auxiliary Constable Evely was pronounced dead at the *** had been transmitted over the radio. They spotted him scene. His partner was transported to a local hospital in on the corner of Sullivan and Bleeker Streets. Both Auxiliary Constable J. E. Sam Balmer serious condition. Both suspects in the stolen vehicle were Royal Canadian Mounted Police officers ordered the killer to drop a bag he was hold- also taken into custody. ing. The killer complied, but then punched Officer End of Watch: Saturday, August Auxiliary Constable Evely and his partner were aware 29, 1992 Marshalik in the face, knocking him to the ground. of the earlier pursuit but had not been involved with it and The killer fled on foot, with both officers in pur- Incident Details were not attempting to locate the vehicle at the time the Cause of Death: Automobile ac- suit. The killer then drew a second firearm, and opened incident occurred. fire on the officers, who were on the opposite side of cident He is survived by his wife and two children. Date of Incident: Saturday, August Sullivan Street. Officer Pekearo took cover behind a 29, 1992 *** parked car, but the killer ran up behind him and shot Incident Location: British Colum- Auxiliary Police Officer Nicholas T. Pekearo, 28 him six times, killing him. The killer then fled again on bia New York City PD - Auxiliary Police Section foot, where he observed Officer Marshalik attempted to take cover. The killer approached Officer Marshalik Weapon Used: Not available End of Watch: Wednesday, March Suspect Info: Not available and shot him once in the head, killing him. Auxiliary Constable Balmer 14, 2007 Responding Officers from the 6th Precinct opened fire on the killer, who again fled on foot into a was stationed in British Columbia at the time of his death. Incident Details Auxiliary Constable Balmer and his regular member store. He then exited the store and opened fire. He partner were responding to report of a domestic as- Cause of Death: Gunfire was shot and killed in the ensuing gun battle. The killer was found to be carrying two handguns and over sault at a residence in a neighbouring community. Mem- Date of Incident: Wednesday, March bers had attended this residence in the past. 100 rounds of ammunition. While responding to this complaint his partner at- 14, 2007 Auxiliary Officer Marshalik had served with the New York City Police Department - Auxiliary Police tempted to pass a vehicle which resulted in a collision Weapon Used: Handgun with a vehicle approaching from the opposite direction. Section for thirteen months and was assigned to the Auxiliary Constable Balmer was killed in the collision. Suspect Info: Shot and killed 6th Precinct Auxiliary Police Unit.

Blue Line Magazine 8 MAY 2007 New protocol governs foreign investigations by Kathryn Lymburner agency, when they are arriving and departing If a foreign agency makes a direct investi- Canada, where they will be investigating and gation request, the receiving agency must com- The growing ease of international travel and the nature of the investigation to be conducted. municate Canada’s protocol and advise RCMP communication has fuelled an increase in Because foreign investigators are not rec- headquarters of it. The RCMP will then advise transnational crime, making investigations in ognized as peace officers in Canada and don’t DFAIT of the request, who will work through Canada by foreign law enforcement agencies have jurisdiction here, they must be assisted diplomatic channels to accommodate it. more common. The federal government, in con- by an agency that does have jurisdiction. This Once a Canadian agency is informed of junction with the RCMP, has developed a new ensures that foreign investigators follow Ca- these requests, it must: protocol to make it easier for Canadian police nadian law and adhere to the Charter. • review it to determine if the foreign investi- agencies to accommodate these requests. Once DFAIT has received the information, gation will impact other criminal investiga- The protocol ensures that Canadian secu- it logs the requests for entry and forwards them tions in its jurisdiction; rity, sovereignty and the public interest are safe- to the RCMP for co-ordination. After the • notify the RCMP if a request can be supported; guarded while Canadian police assist in the RCMP has determined if the request can be sup- • determine conditions pertaining to the request; investigations — an excellent way to ensure ported and DFAIT has conducted its own as- • assist the foreign investigators in its jurisdic- Canadian rule of law is followed and the rights sessment of the situation, the department will tion, ensuring they comply with legal and of all are protected. notify the foreign mission if the proposed ac- Charter requirements. The protocol states that foreign investiga- tivities are acceptable. This new protocol is not unique to tors wanting to pursue criminal investigations The RCMP Interpol Office, once advised Canada and is consistent with approaches in Canada must forward, at least two weeks be- by DFAIT, will also review and determine what taken by other countries. Despite this, there fore their arrival in Canada, their requests to the type of action or assistance is needed. This can are exceptions. Department of Foreign Affairs and International include deciding: The protocol does not apply to: Trade (DFAIT) through their home foreign min- • if the RCMP can directly assist in the inves- • foreign investigators attending conferences, istry and diplomatic channels. tigation; training, courses, informal information ex- For the scope of this protocol, “foreign • if the RCMP has information to share regard- changes or secondment; criminal investigators” include: police and ing the investigation; • visits arranged by Interpol or administered other law enforcement officers, Crown attor- • if the foreign investigation will impact a cur- by the International Assistance Group of the neys, attorneys or agents of foreign states con- rent RCMP investigation. Department of Justice; ducting questioning, interviewing or statement The office will also inform federal, provin- • visits pursuant to bilateral or multilateral taking from witnesses, suspects or accused cial or municipal services of requests to pursue treaty agreements; persons which may lead to criminal proceed- an investigation in their jurisdiction, advise • investigations governed by the Visiting ings in a foreign jurisdiction. DFAIT if Canada should support the investiga- Forces Act; Foreign investigators will need to identify tion and allow all foreign criminal investigators’ • joint investigations conducted by Canadian who will conduct the investigation, their activities within RCMP jurisdiction. law enforcement authorities.

Blue Line Magazine 9 MAY 2007 by Morley Lymburner It was the day after Christmas, 1971, when no heroics or fanfare, no shootouts or spectacu- come the city’s new police chief. He spent eight then Cst Barry King of the Mississauga Police lar breaches of the plane. It was just another years there before coming full circle by taking Department first came into the national spot- call and King handled it like he would any other on the top job with the Brockville Police Serv- light. He attracted the attention for his handling call for service. ice. It was this agency that benefited the most of Canada’s first hijacking in the same matter- Having already accumulated 10 years of from his experience, creativity and energy. of-fact style he maintained throughout his 46 policing experience when he was called to the King credits former Peel Regional Police year career. airport that day – and less than a quarter of the Chief Doug Burrows and Deputy Chief Bill The plane was on a routine “milk-run” way through his long career. Born with polic- Teggart for helping prepare him for leadership. from Thunder Bay to Toronto when a passen- ing in his blood, King followed his father and Burrows in particular was a firm believer in ger, American fugitive Patrick Critton, an- grandfather for two years with the Canadian education and sent officers on training courses nounced he had a gun and hand grenade and Forces Military Police. Upon leaving he im- at every opportunity. King was sent to the FBI ordered the plane to head to Cuba. As it touched mediately joined the Ontario Provincial Police National Academy, where he completed the down at the Toronto airport for extra fuel, King, and was stationed for five years in Brockville executive development course. the police officer on patrol in the area, was before transferring to the Mississauga Police, King recalled a valuable lesson he gained notified to attend. He was ushered out on the which transitioned into the current Peel Re- in the rough-and-tumble world of politics in tarmac and given a headset so he could talk to gional Police Service in 1974. an article published in the Brockville Recorder the nervous hijacker, who demanded the plane In November, 1979, King was once again and Times. Witnessing the backroom talks and be refuelled and then take off for Cuba. King catapulted into the spotlight with the lobbying, he took one key lesson into his life asked him to first let the passengers off and Mississauga train derailment. Canada’s worst as a police administrator. “Don’t ever lie. Be the hijacker agreed. train disaster forced the evacuation of 200,000 straight up and give (politicians) the informa- There wasn’t anything else to do, as far as people from their homes for more than 22 days. tion because they are the ones who have to King was concerned, so he ordered that the Despite the scale of the disaster, there was no make the decisions.” plane be refuelled and the hijacker and crew loss of life. King received the Ontario Medal King takes pride in increasing the Brockville took off for their extended flight. As the con- for Police Bravery for his courageous conduct Police Service’s training budget to $80,000 from stable who patrolled the area, he was the only at the scene of the accident and his skillful han- $20,000, and contends the city has been well decision maker available. There were no other dling of the mass evacuation during the de- served by both the training and experience its alternatives; no highly trained tactical units or railment and fire. officers have gained. skilled hostage negotiators who practice regu- Serving 18 years with the Peel Regional No stranger to the Canadian police com- larly on how to end such situations. King took Police, King reached the rank of superintend- munity, King has received considerable rec- the only option he saw available. There were ent, before moving to Sault Ste. Marie to be- ognition and awards for his efforts from a

Blue Line Magazine 10 MAY 2007 King is an honours graduate of the 128th King has clearly earned an opportunity for session of the FBI National Academy, FBI a long and rewarding retirement, which he LEEDA Executive Program, Canadian and plans to begin in September. He and his wife Ontario Police Colleges and Humber Col- Pat have three children – Michael, Deborah and lege. He has studied at Northwestern and Kevin – and six grandchildren. His youngest Wilfrid Laurier Universities, the Queen’s son Kevin, is a detective constable with the University community policing management Guelph Police Service, continuing the family program and Queen’s School of Business Ex- tradition for a fourth generation. ecutive Development Centre “Queen’s fun- Chief King mentions the possibility of do- damentals of governance” program. He was ing some consulting as a possible post-retire- awarded the St. Lawrence College Board of ment pursuit, pointing out his wife, Pat has in- Governors honorary diploma in 2002 and in- sisted he “better find something to do for 20 or ducted as the Humber Institute of Technol- 30 hours a week.” Someone as active and ac- ogy and Advanced Learning 2006 “Alumnus complished as Barry will have no difficulty of Distinction.” meeting that requirement.

wide array of organizations. The Addiction Research Foundation Ontario (CAM-H) pre- sented him with its community achievement award, which recognizes outstanding lead- ership in the development of youth drug and alcohol educational programs. He also re- ceived Canadian and Ontario Association of Chiefs of Police service awards for his out- standing contribution to the advancement of law enforcement. King was decorated with the ‘Order of the Grand Master’ medal in 2001 by the ambassa- dor of the Republic of Belarus for his leader- ship in assisting to establish a safe community partnership. He was specifically recognized for his assistance in mentoring their city’s police and fire services, in partnership with Canadian Aid for Chernobyl. He is also a recipient of the YMCA-YWCA 2001 Canada Peace Medal and Ontario’s Crime Control Commission 2002 award of excellence. In 2003, King was appointed as an ‘Of- ficer in the Order of Merit of the Police Forces’ by the Governor General and also awarded the Queen’s Golden Jubilee Medal.

Blue Line Magazine 11 MAY 2007 by Kathryn Lymburner

Seizing assets from criminals is not a new policing concept but the revisions introduced in Bill C-24 have given police more room to go after repeat offenders. The bill gave police the powers to target proceeds of crime and related property by changing the definition of offence-related prop- erty under s2 of the Criminal Code and por- tions of the Controlled Drugs and Substances Act (CDSA), . “Basically anything that is used in the com- mission of the offence or in connection with the offence is subject to seizure and forfeiture,” explains York Regional Police (YRP) detec- tive Darrin Leitch, a member of Ontario’s As- set Forfeiture Unit (AFU). Offence-related property is now defined as any property, within or outside of Canada, used in the commission of an indictable offence under the act. Section 2b further defines it as property used, or intended for use, in any man- ner or connection with a commission of an in- dictable offence under the act. In Ontario, this new measure is being ap- plied in a wide range of situations, including impaired driving, grow houses, child pornog-

Blue Line Magazine 12 MAY 2007 Project Provider, a combined Biker Enforcement Unit, Illegal Gambling Unit, Royal Canadain Mounted Police, Windsor Police Service, OPP - Intelligence Bureau, investi- gation focusing on Hell Angels cocaine in the city of Windsor and a bookmaking opera- tion. The vehicles pictured were seized by the Asset Forfeiture Unit, as offence related property and proceeds of crime.

raphy, street racing, break and enter and weap- forfeiture. ons related offences. Prior to the 2002 change in legislation, the “It has to be an indictable offence or a dual AFU had to show to the court that a grow-op procedure offence where the Crown proceeds property, for example, had been significantly by indictment, so a first or second impaired modified. “It sounds easy enough,” remarks (driving conviction) wouldn’t apply because Murphy. “From a layman’s perspective you’d the Crown would proceed summarily,” notes simply look at all the alterations that were done Leitch. “That’s when we could potentially seize to these (homes), but the courts weren’t accept- the vehicle.” ing or understanding our definitions of signifi- Ontario’s AFU is led by the OPP, with ap- cant modification.” proximately 30-40 members across the prov- Much money was spent on expert witnesses ince working within their home agency. Headed such as electricians or building inspectors to by OPP Detective Staff/Sergeant Tom Murphy, make a case to the courts. “As a result, there the unit targets proceeds of crime and offence just wasn’t the interest in these types of pros- related property and, in some cases, uses civil ecutions because we just weren’t supported in

Blue Line Magazine 13 MAY 2007 the courts,” says Murphy. Bill C-24 made it no longer necessary to prove that a property has been significantly modified, allowing more room for interpreta- tion of the law. Now agencies such as the YRP are seeing huge results in combating grow houses; one officer alone has over a million dollars in forfeitures. After the change in legislation AFU went to the Criminal Intelligence Services of On- tario (CISO) for a grant to set up the infrastruc- ture for Project ORP (Offence Related Prop- erty) which would allow the unit to seize and store motor vehicles going through the court system as offence related property. “Any police officer in Ontario can call us up and we will walk them through the program,” explains Murphy. “If we believe it to be a vi- able case then we’ll accept the cost of the vehi- cle storage while the matter is before the courts.” This type of investigation is no longer just for the specialized police unit and the AFU is “If you’re investigating something you member in your agency, the OPP or the working hard to educate officers about these deem to be serious,” urges Murphy, “consider RCMP’s IPOC unit for assistance, stressing legislative changes. Unit members teamed up the viability of the asset forfeiture by examin- “we’re all here to help.” with CISO in 2006 to conduct four training ing the particular house, structure, vehicle or sessions across Ontario, raising awareness from whatever it is that allowed the offence to take For further information or assistance with asset Thunder Bay to Brockville. place, as there is a good chance there will be forfeiture or Project ORP contact Detective Staff Sgt Members are also working to train Crown an asset forfeiture application.” Tom Murphy, the OPP’s Asset Forfeiture Unit Commander, by e-mail: [email protected] . attorneys. “Darrin was invited to do a presen- Leitch recommends contacting the AFU tation in front of the York Crown’s office,” notes Murphy. “From that they started to do a review of their on-going impaireds that were already in the system and came up with a list of cases where asset forfeiture can be used. “It’s a pretty powerful tool when you look at all that we can do,” he says. “We do a lot of training and I’m still amazed at how engaged people get once they find out about Biker raids leave Angels down but not out this legislation and what has been and can TORONTO (CP) — The ongoing battle between the In January 2006, police made a series of arrests be done with it. law and outlaw motorcycle clubs erupted once again focused in Thunder Bay, Ont., in which a total of 27 “We’re finding there’s a lot of interest from Wednesday with a series of cross-country raids against Hell Angels and hangers-on were charged. the front-line because all of a sudden officers the Hells Angels and affiliate gangs that netted 30 sus- One of the most significant impacts of Wednes- can get involved and they’re finding that, in pects in Ontario alone. day’s police efforts would be the damage done to the the past, they were so disappointed with the The dramatic pre-dawn operation that targeted image of the Hells Angels, Sher said. clubhouses in Ontario, New Brunswick and British “These kinds of raids do tremendous damage to sentences in court,” says Murphy. “It’s quite Columbia has left the biker organization “reeling,” the Hells Angels’ PR campaign to try to present them- gratifying for a police officer to be able to re- said one expert, but he also cautioned that the war selves as just good old boys on bikes,” Sher said. move these assets.” isn’t over. The seizure of a Toronto Hells Angels clubhouse, The response from the broader legal com- “They are not down, they are not laying flat on the just outside the downtown core, represented a substan- munity has also been favourable. mat, they haven’t thrown in the gauntlet, but they are tial blow, he noted. “We’ve had judges and even defence law- angry and, I dare say, a bit worried,” said Julian Sher, “That was the showcase clubhouse in the prov- co-author of “Angels of Death.” ince. It’s the most flashy. ... In many ways it’s the nerve yers comment that, as a citizen, they like this “For the first time in the last couple of years, the centre of the Hells Angels in the province.” being done,” notes Leitch, “but as defence law- Hells Angels have been reeling.” Staff Insp. Joe Tomei of Toronto police said the yers they dislike it, because obviously it causes While police were tight-lipped about the nature of seizure of that clubhouse “should send a very clear more aggravation for them.” the charges or the identities of the suspects, saying message to those who choose criminal lifestyles, as “They also get frustrated with the leniency more information would be made public Thursday, offi- well as bring relief to the (surrounding) community.” cials were willingly to confirm some details. It was “the largest clubhouse for the Hells Angels of the courts and they see this as a potentially In Ontario, a co-ordinated effort saw some 32 raids anywhere in Canada,” Tomei added. very effective tool,” Murphy adds. carried out - at least a dozen in Toronto alone. Club- According to the Ontario branch of the Criminal There has been significant community im- houses in Niagara Falls, Waterloo, Barrie, London, Intelligence Service Canada, of the estimated 460 full- pact with seizures. As Leitch explains, “if Hamilton, as well as Durham, Peel and York regions patch Hells Angels members nationwide, about 175 - you’ve got a drug dealer driving around town were also raided, police said. more than one-third - operate in Ontario. Toronto police said 30 arrests were made in the “You’ve got 34 chapters in Canada and 16 of them in his flashy car and everybody knows he’s the province, and Ontario Provincial Police Sgt. Bob in Ontario,” said Eric Dupree, a national intelligence drug dealer, when he finally gets that car taken Paterson said he expected police to continue laying officer with the service and resident expert in Cana- away from him, he’s not the big shooter any charges through Wednesday night. dian outlaw motorcycle gangs. more and it causes him some embarrassment. In British Columbia and New Brunswick, RCMP “You do the math. ... Proportionately, Ontario ... is There’s no real downside to any of this.” spokesmen confirmed that outlaw motorcycle organi- a big player.” The AFU seized almost $25.5 million zations, including the Hells Angels and the Bacchus There are seven chapters in British Columbia, Motorcycle Club, had been targeted as part of an on- three in Alberta, two in Saskatchewan, one in Mani- worth of assets last year, $5.5 million of which going investigation, but deferred questions until Thurs- toba and five in Quebec, Dupree added. have been forfeited. Once seized assets go to day’s scheduled news conference. The cross-Canada arrests Wednesday came the Crown they’re liquidated and placed into The arrests follow a number of significant moves nearly one year to the day that police found eight bod- four different Ontario grant programs. Police against biker clubs by authorities in Ontario over the ies of rival Bandidos gang members in a farmer’s field services can then apply to receive these grants. past year. in Shedden, Ont., just south of London, Ont. A series of simultaneous raids launched by pro- Eight people, including a former police officer Leitch and Murphy both agree the new leg- vincial police in September 2006 saw 500 officers in- from Winnipeg, were later charged in relation to the islation is changing how police across Canada volved in arresting 15 members of the Hells Angels. Shedden deaths. can tackle crime.

Blue Line Magazine 14 MAY 2007 After six years as deputy commissioner of the RCMP’s Pacific region - B.C. and Yukon - Beverley Busson has formally transferred her command to Gary Bass. Busson, who also commanded B.C.’s ‘E’ Division, was appointed New RCMP Heritage Centre nears completion interim commissioner of the RCMP in December. REGINA (CP) — As far as Vic Huard is con- From “March of the Mounties,” five different cerned, if you’re trying to tell the story of Cana- exhibit galleries branch out: “Maintaining Law and Winnipeg police Chief Jack Ewatski said he wasn’t da’s police force, there’s no better place to do Order in the West;” “Protecting the North;” “Serv- surprised to learn members of the local it than the complex where every single officer ing All of Canada;” “Cracking the Case;” and “Call Hells Angels infiltrated his department and came into possession of classified is trained. of Duty.” documents. Ewatski said it’s no secret “This is where the story begins, and so this The call of duty room shows visitors what it organized crime groups such as the is where the story should be told,” the president takes to pass the RCMP training program, and Hells Angels conduct intelligence and CEO of the new RCMP Heritage Centre says cracking the case is an interactive exhibit that gathering and counter-surveillance on police and justice officials. The chief as he watches cadets stream by the building on appeals to the CSI buff with the forensics of mod- promised “swift and harsh” action against any police one of their many fitness runs. ern policing. employees found to be working in conjunction with “That authenticity of the space is something “It’s going to be real forensics,” Huard says. bikers to supply information. that we feel is going to be very important to the “It’s tough, hard work and it takes a long time visitor experience here.” and a lot of resources. It’s not as easy to solve a Public Safety Minister Stockwell Day and B.C. Attorney General Wally Oppal Preparations at the $40-million facility on the crime in an hour as it might look like on TV.” announced the four-year $1.9 million edge of the RCMP training depot in Regina have The centre also has a 125-seat, state-of the- project to prevent youth gang violence shifted into high gear as workers rush to get ready art theatre where the history of the RCMP will be in the province. The money is for the grand opening at the end of May. told through video as well as physical displays that earmarked for the victim services The old RCMP museum - a 30-year-old un- rise up from the floor and drop from the ceiling. division of B.C.’s Public Safety Ministry. Potential programs include after-school recreation assuming, red-brick building with about 1,000 The narrator of the show is projected through programs, public forums and cultural camps, square metres of display space - was already a lifelike technology known as Pepper’s Ghost. especially for aboriginal youth. one of the most popular tourist attractions in “In essence people will see a virtual narra- Regina, drawing between 50,000 and 60,000 tor,” Huard said. “It’s in three dimensions. She Calgary’s police Chief Jack Beaton, says he was blindsided by the crimefighting visitors annually. speaks. She moves. It’s the kind of technology Guardian Angels hitting the city’s The new 6,500-square-metre heritage cen- that people who have been to Disney World for streets before sharing details of their tre - Huard is careful not to use the word mu- example would be familiar with, but no one has operations with him. He would have seum - is a huge step up with nearly twice the really seen it here.” preferred it if the group had arranged amount of exhibit area and a whole host of The new centre has a 180-square-metre to work with police and said until that’s done, they won’t get his backing. added features. space for travelling exhibits and an area that can Beaton said he wants to be assured the group works The building itself is something to behold. be booked for private functions. within local laws and by-laws. Designed by acclaimed Canadian architect Arthur Storage space for the RCMP’s vast collection Erickson, the swooping mass of glass, steel and of artifacts not on display was in short supply at the Former B.C. Supreme Court judge, William Davies, Tyndall stone is truly unique in the Regina old museum. The new facility has double the stor- has been appointed to conduct a public inquiry into the death of, Frank Paul, a native man who was left cityscape. age area and a lab for historians to work in. in a Vancouver alley by police. Paul had been arrested “Those are the fun ones to build - when they With some unfinished ceilings, loose wires for being drunk and jailed in December 1998, but was are not easy,” said Ryan Schmidt, project man- and blank walls during a mid-March tour, the cen- later pulled out of his cell and dumped in a lane, where ager for PCL construction, the company that built tre appeared very much like a construction site, he died of exposure. The inquiry is expected to begin the facility. but Huard insists things will be ready on time and with a few months. “It pretty much touched on every building trade.” on budget. Former provincial solicitor general Heather Forsyth Inside, the exhibits are anchored by a 30- me- Officials are already planning for phase two will lead an Alberta study group that will consult the tre long “March of the Mounties” display that runs of the heritage centre which is to include exhibits public to find the best methods for reducing crime. the entire length of the main hall. It uses various entitled “Stories From the RCMP,” “The RCMP The nine-member crime reduction task force also includes Edmonton police chief Mike Boyd and the full-size police vehicles to illustrate the history of in Popular Culture” and “The Musical Ride.” mother of a Calgary boy who died in a street brawl in the force, from one of the original horse-drawn can- Funding for that part is expected to be in 2002. The task force will hold 14 public meetings and ons the Mounties brought west with them to the place in 2008. a broader symposium in late June to discuss the modern police cruiser they use today. On the web: www.rcmpheritagecentre.com recommendations it heard. A Fredericton raised police officer killed in a March shooting in South Carolina is being remembered as a diligent, determined man who always cared for others. Cpl. Marcus Stiles, 26, died a day after he was shot while responding to a call. He was one of two officers with the Moncks Corner, S.C., police department killed in the incident. He was promoted to corporal within a year of graduating from the police academy, supervising officers with more age and experience.

Annemarie Erika Bonkalo took over as chief justice of the Ontario court of justice May 4. Bonkalo earned her law degree from Queen’s and also holds a Masters in criminology from the University of Toronto. She was called to the bar in 1978 and joined the Ministry of the Attorney General as an assistant Crown attorney. She became a judge in 1990, holding progressively senior positions. Bonkalo takes over from Brian Lennox, who completed his eight-year term as chief justice of the Ontario court on May 3.

Blue Line Magazine 15 MAY 2007 by John Burchill adrenaline fuelled ‘blue lightning’ police culture, rarely Fleeing offenders provide the action and excitement do these action-packed pursuits show the tragedy that that some officers expect from their work – the chance to often accompanies them in real life. For example, dur- use their crime-fighting abilities to restore respect and ing the past two decades there have been roughly 7,500 order in their community. fatalities – an average of 325 people killed every year The theory of deterrence suggests that swift and sure as a direct result of pursuits in North America. apprehension and punishment reduces the probability that Traditionally, out of deference to the maintenance a motorist will attempt to flee. The fact that the vast ma- of law and order and a desire to see offenders caught jority comply with an officer’s signal to stop suggests that and punished, our society has tolerated the dangers the theory is correct; flight “only becomes a good business associated with police pursuits. However, in recent decision” when the punishment for fleeing is believed to be years there has been increased public scrutiny and con- less serious than the underlying offence. cern that the benefits do not always outweigh the risks However, while Hollywood has long glamorized the to public safety. Occasionally officers have even been high-speed chase, contributing to the development of an criminally charged following pursuits.

Blue Line Magazine 16 MAY 2007 Studies show that the majority of pursued course of action in the circumstances. Failure drivers are males in their early 20s. Many are to discontinue a pursuit may constitute negli- impaired by drugs or alcohol and they often gence. The fact that it is the vehicle of the pur- have no licence or are prohibited from driv- sued criminal, not the police vehicle, that is in ing. Some have just committed crimes, includ- collision with the victim does not absolve the ing stealing the vehicle they are driving. Often police officer of his/her negligence. they have a criminal record, are on charge for Nevertheless, as long as officers use their various offences or have previously attempted emergency equipment, proceed with due regard to outrun the police. It is this previous crimi- and safety to other persons using the highway nal activity that generally helps to explain why (including the person being pursued) and con- the pursued driver is reluctant to stop. tinually assess the factors listed above, liabil- While this data suggests that the driver’s ity will generally not be attached to officers reason for not stopping is for reasons much involved in a pursuit. In fact, by attempting to more compelling than those that brought them the officer and his or her department should evade the police, the pursued motorist creates to the officer’s attention in the first place, the the pursuit end tragically. Although provincial and puts into motion a chain of circumstances seriousness of the original offence must be legislation commonly authorizes police to dis- that usually leaves the suspect solely responsi- given due consideration when initiating or con- regard particular traffic laws under certain situ- ble for any injury or damages caused in the tinuing a pursuit. ations, negligently exposing the public to un- chase. Whatever the driver’s reason for not stop- necessary danger (even that caused by the pur- As noted by Justice O’Leary in Crew v. ping, based on the number of deaths and seri- sued driver) may result in criminal or civil ac- Nicholson (1987): ous injuries that have occurred from police tion against the officer and the department. For Any motorist who attempts to evade the chases, public safety is the paramount consid- example, in Blaz v. Dickinson (1996), Mr. Jus- police by speeding away from them and thereby eration in any decision to initiate, continue or tice Cumming stated: causes a high speed chase knows that by so discontinue a pursuit. Public safety represents The duty of a police officer to act reason- doing, he is creating a substantial risk that such a balance that may change rapidly and must ably in protecting the public from unreason- chase will end in serious injury or damage to continually be assessed based on a number of able risk of injury or damages includes a duty property of either the police or members of the factors, including: to take reasonable steps to protect against the public lawfully using the highway. It is of no • the seriousness of the offence; misconduct of the criminal himself/herself. The consequence that such motorist cannot fore- • road conditions; misconduct of the criminal seeking to escape see the exact way or mechanics by which his • volume of traffic; the police in pursuit is the immediate, opera- conduct in running from the police may result • weather and visibility; tive cause of harm to third persons when an in injury or damage to the property of others, • capabilities of the officer and the vehicles accident results. The criminal bears prime re- nor is it any defence for such motorist that the involved; sponsibility for such accident. However, given police officer could have prevented damage or • the number of occupants in the pursued ve- the foreseeable risk to the public endemic to injury if the police officer had used reasonable hicle. the pursuit situation, the police officer must care during the chase. Failure to assess or consider any of these consider as one factor whether or not the dis- By attempting to evade the police, the mo- factors may have serious implications for both continuance of the pursuit is the reasonable torist creates and puts into motion a chain of

Blue Line Magazine 17 MAY 2007 circumstances that leaves him responsible for For example R. v. Blackwell (1994) and R. any injury or damage caused in the chase. v. Markovic (1998) are cases where police of- Police officers have a duty to enforce the law ficers were charged and convicted of danger- by stopping motorists and others they find ous driving. While such cases are rare, it is breaking the law. This means they must at times important to understand that even though each follow and, if necessary, chase those who at- officer was found to be engaged in the lawful tempt to evade them. The fact that in the ex- execution of his duties at the time, they were citement of such a chase a police officer fails still found guilty. to exercise the care required of him does not In Blackwell a London police officer was excuse the motorist that created the chase. In- speeding to the aid of a fellow officer at the other deed by running from the police the motorist end of the city when he crashed into and killed precipitates the very circumstances that lead an oncoming motorist. The call was a “Code the police to take chances that at times they 3,” meaning a serious, life-threatening event. ought not to take. Although the court found that the officer had However, in Crew a police officer was held been engaged in the lawful execution of his duty 25 per cent responsible for an accident that at the time, considering all the circumstances killed a fellow officer. The member will also his driving was dangerous and it resulted in the have to deal with the emotional fall-out that death of an innocent person. The officer’s sen- no doubt followed. In that case the suspect fled tence of 60-days in jail was subsequently up- from a Goderich police officer, causing a pur- held by the Ontario Court of Appeal. suit. During the chase, which reached very high tinuum that progresses through a number of Markovic was a Montreal police officer speeds, the original officer lost site of the ve- steps from a momentary lack of attention, giv- who, like Blackwell, was on an emergency call hicle as it travelled along a hilly, unpaved road. ing rise to civil responsibility through careless when he entered an intersection against a red Members of the OPP, who heard a broadcast driving under provincial legislation, to danger- light at high speed and killed a pedestrian. Al- of the chase, eventually intercepted the vehi- ous driving under the Criminal Code. though he had activated his siren and roof lights cle on the downward slope of a hill. In referring to the decision in Hundal, Jus- just before entering the intersection, his vis- While this information was broadcast back tice McLachlin of the Supreme Court later ibility had been restricted at the time by the to the original officer, he did not hear the mes- added that where individuals engage in activi- presence of buses in that area. The court found sage and came overtop of the hill, ramming into ties for which they lack sufficient knowledge, that his driving represented a marked depar- the OPP cruiser car, striking constable Crew, experience or ability, they may be found at fault ture from that of a reasonable police officer. who had stepped out of his patrol car to speak for their decision to attempt the activity – “the Initially sentenced to jail, the Quebec Court of with the occupants. He was killed instantly. law expects people to ask questions or seek help Appeal substituted a conditional sentence of While Justice O’Leary accepted that there before they venture beyond their depth.” 45 days, including community service. may be circumstances where the harm to soci- As such it should not surprise us that all of While both cases directly involved police ety likely to result from someone escaping ap- the factors found in Hundal can be found in vehicles, there have been several instances prehension would be justified in a high speed various police pursuit policies across the coun- where officers were charged where it was the chase, the circumstances that existed in this try. However, officers will often be held to a pursued suspect’s vehicle that killed someone. case did not justify it. He subsequently found higher standard because they have a higher One recent example is R. v. Baker (2001), in the original officer negligent for not exercis- level of knowledge and vehicle training than which a Thunder Bay police officer was ing proper care during the chase (although he the average licensed driver. For this reason, charged with dangerous driving causing death found the escaping motorist 85 per cent respon- failure by either the officer or his or her super- and dangerous driving causing bodily harm as sible for causing the chase in the first place). visors to assess or consider any of these fac- a result of a pursuit related accident. In R. v. Hundal (1993), the Supreme Court tors may be viewed as an unreasonable exer- The officer had attempted to stop a youth considered the test for dangerous driving when cise of their duty and could have serious im- who had not paid for gasoline (he was also on reviewing the circumstances surrounding a plications for both the officer and the service charge for numerous offences). The vehicle, a truck driver convicted of killing another mo- should a pursuit end tragically. Suburban, also turned out to have been stolen torist after his vehicle went through a red light. While a mere breach of police regulations the day before in Winnipeg. When the youth The truck driver, thinking it wasn’t possible to does not automatically impose liability, com- refused to stop, a pursuit ensued that lasted stop in time, blew his horn and continued into pliance with the policy is a very important fac- approximately three minutes, during which the the intersection, where he struck the deceased’s tor to consider in determining whether the youth drove into oncoming traffic and struck vehicle. The court found that the truck driver’s standard of care has been met. For example, in another vehicle head-on, killing the occupant actions represented a gross departure from the Doern v. Phillps Estate (1994), the British (a 34-year old mother of two young children) standard of care expected of a reasonable, pru- Columbia Court of Appeal upheld a decision and injuring another. dent driver and upheld his conviction. finding members of the Vancouver Police De- The charges against the officer were dis- Some of the factors considered by the court partment, including supervisors and dispatch- missed at the preliminary inquiry after expert were: ers, negligent for their handling of a high-speed evidence showed he had followed police • time of day (mid-afternoon); pursuit that ended in the death of the chasee. policy; the accident was the sole fault of the • location of accident (busy Vancouver neigh- The chasee ran a red light and also struck an- youth; and there was no direct connection be- bourhood); other vehicle, seriously injuring the occupants. tween the actions of the youth driving into on- • volume of traffic (“heavy”); As the Vancouver Police had a policy re- coming traffic and those of the police officer • condition of road (wet); quiring that a pursuit be terminated where there pursuing him. In upholding the dismissal on • type of vehicle he was driving (dump truck); is a “clear danger” to the public or pursuing review, Justice Kozak found that: • condition of truck (overloaded – exceeded members, the failure by all involved to termi- Constable Baker was a police officer whose GVW by 1160 kgs – which was a contribut- nate the chase in question contributed to the duties at common law and under the police act ing factor in his not being able to stop); accident. As a result, the city was held 25 per are to preserve the peace, prevent crime and • disregard for traffic control devices (entered cent liable for their negligence. the protection of life and property. Accordingly, intersection on red light); Although most provincial police acts make it is recognized that the law must operate in a • previous actions (had gone through a red light the municipality, region or minister, as the case manner that provides the police with the op- at a previous intersection); may be, vicariously liable for the tortuous portunity to effectively protect society by ar- • licensed driver (implies knowledge as to the (wrongful) actions of police officers they ap- resting persons suspected of committing rules of the road). point, a law suit or criminal charges may still crimes. The question to be answered is, how The cumulative factors in Hundal were be brought against them personally if their be- far should the police be allowed to go in ef- obvious. In fact, the Supreme Court stated that haviour is shown to have been grossly negli- fecting the arrest of a fleeing felon who is sus- negligent driving can be thought of as a con- gent, malicious or showed wilful misconduct. pected of committing the crime of theft? In this

Blue Line Magazine 18 MAY 2007 regarding s. 25(1) of the not pursued and appre- Code authorizes a police hended? Is it likely that Judge rules on biker officer to use as much the driver will kill or encounter with Mounties force as is reasonably maim an 11 year-old necessary in the enforce- girl, a seven year-old A judge has ruled a Mountie punched by a ment of the law and that boy, a 34 year-old Hells Angel during a parking lot brawl was act- s. 128(13)(b) of the High- mother of two or an- ing within the law, while an officer who pepper way Traffic Act exempts other police officer, if sprayed and punched another biker was not. a police officer who is you don’t take any ac- In a complex ruling at the end of a three- lawfully engaged in his tion? Considering the day trial, B.C. Supreme Court Justice Janet duties from laws relating number of accidents, Sinclair- Prowse convicted biker Lawrence to speed limits. injuries and deaths that Bergstrom of punching Cst. Dean Maynard. Notwithstanding the charges against Baker, can arise from pursuits, perhaps the serious- Hells Angels member Patrick Henry who the driver of the stolen Suburban pled guilty ness of the offence could be defined as one, tried to calm his people down during the July immediately after the collision to criminal neg- considering all the surrounding circumstances, 2005 dispute, was acquitted of charges of as- ligence causing death, criminal negligence in which you are prepared to use lethal force. saulting Cst. Jeff Pelley. causing bodily harm and possession of a sto- Sinclair-Prowse ruled Thursday that len vehicle. Sergeant John Burchill is the Winnipeg Police Cst. Pelley had no reasonable grounds to Services’ Major Crime Analyst and Hate Crimes Unit arrest Henry, who by all accounts acted as At his sentencing it was found that he had Coordinator. Contact him at [email protected] for deliberately driven into oncoming traffic hop- a peacemaker throughout most of the 10- further details and footnotes. minute scuffle. ing the police officer would back off the pur- She said Henry complied with RCMP in- suit so that he could escape. The accused was Chase suspect structions to dump his booze and told others sentenced to nine years in prison and prohib- in his group to be quiet or back off. It wasn’t ited from driving a motor vehicle anywhere in good at video games until Cst. Pelley told Henry and others they Canada for 15 years. Tyrone McMillan was taken into custody last year could face arrest for causing a disturbance that More recently, in Burbank v. Badyal after leading police on a car chase when officers Henry lost his patience. (2005), the RCMP was held partially respon- attempted to pull him over for a parole violation. While Pelley testified he believed Henry sible for negligently engaging in a high-speed After slamming into two cars, McMillan told police was about to punch him, the officer still did chase of a drug-impaired 15-year old driver he thought he could outrun them because he not have the right to make an arrest, the through a residential neighbourhood. The pur- played (video) games, apparently thinking his gam- judge ruled. suit resulted in the death of an innocent 11- ing skills translated to the real world. His experi- Sinclair-Prowse said Henry no doubt did year-old girl and injured four other occupants ence navigating the fictional streets of San Andreas get angry and tell the RCMP to leave the in an unrelated vehicle. and Vice City with a PlayStation 2 controller led to group alone, but that is not a criminal offence. Henry was pepper sprayed, punched in While the pursued driver took full respon- a 55-minute real-life car chase. His girlfriend’s 11- sibility for the accident the Insurance Corpo- the head at least three times and Tasered be- year-old daughter and her 10-year-old cousin were fore he was arrested. ration of BC argued that the attorney general, in the backseat for part of the pursuit. as insurer of the RCMP, should still bear some of the responsibility. The court agreed and found the RCMP 15 per cent responsible for the accident due to its officer’s negligence. The court found that the officer breached the pro- vincial regulations regarding high-speed pur- suits by pursuing a vehicle she knew, or ought to have known, would not stop in response to a pursuit; pursuing a suspected impaired driver through a residential area where it was expected there would be a large amount of traffic and pedestrian flow; and abandoning the pursuit when it was too late to prevent a collision. Police officers make many difficult and crucial decisions during the course of their law enforcement careers and while most law en- forcement administrators, officers and trainers do not equate the decision to pursue with le- thal force, there are some parallels. For exam- ple, the decision to engage is made in a matter of seconds; it often results in injuries or death; and they both result in public scrutiny of po- lice practices and procedures. While s. 25 of the Criminal Code does offer protection from liability resulting from the law- ful use of force by the police, one of the consid- erations is the nature of the offence and whether flight could have been prevented by other rea- sonable means in a less violent manner. Policy also requires officers consider the seriousness of the offence when initiating or continuing a pursuit. However, it is silent on what constitutes a serious offence – leaving it to the individual officer and his or her immediate supervisor to make that determination. To me, this is the most difficult part of the decision making process – is it possible that the driver poses a greater risk to the public if

Blue Line Magazine 19 MAY 2007 by Matt Collison The Hamilton Police Service’s(HPS) Neighbourhood Safety Project (NSP) is quickly building an impressive list of successes. Officers helped improve rocky relations between McMaster University students and nearby residents and businesses, dramatically reduced gang activity and recently staged the largest ever marijuana grow-up bust in the city’s history – and the program is barely into its second year. NSP embraces beat ownership and com- munity involvement in problem solving. Teams of patrol officers, not community specialists, The NSP was the key element in resolving Rastin found. are now responsible for community policing. both the university and gang problems, even Further analysis showed calls were 300 per The program is based on trust and communi- though it was implemented in vastly different cent higher on Friday and Saturday nights, so cation between residents, police and munici- ways due to the different social climates of the two special patrol cars were deployed between pal government, whose role is to enact bylaws two neighbourhoods. 11 PM and 4 AM specifically to deal with stu- to aid the situation. Police were regularly called to the dent related calls. The school and student un- NSP was born out of COPP 2000 (Chal- McMaster campus neighbourhood to deal with ion split the $50,000 bill. Other community lenging Our Patrol Priorities), which compared noise, graffiti and public intoxication com- programs, including a neighbourhood clean up police tactics and techniques in San Diego, plaints. One of the first steps in dealing with day and ‘adopt a mailbox’ program (aimed at Washington, DC, England and other areas. the problem was convincing all parties involved reducing graffiti in the area) were also begun. Communication with the community was to attend a planning meeting to discuss prob- The area now flourishes and the extra pa- seen as crucial, says chair Supt John Petz of lems. The city, neighbourhood association, trols have reduced average police response the HPS Investigative Services Division, but university, student union and business improve- times by almost 15 minutes on weekends. All to be really effective, police also need to com- ment association all sent representatives to parties involved accepted responsibility for municate with each other. This and other les- meet with police. the area’s problems and worked together to sons learned were incorporated into NSP, which Residents had consistently complained solve them. began in January, 2006. over the years about parties, public drinking/ The gang problem was a totally different “It’s a combination of problem oriented intoxication and noise, primarily around stu- situation. Riverdale is a high density, low in- policing (POP) that was done in San Diego dent residences. Vandalism and disorderly calls come area with a large population of recent and geographic policing that was done in Eng- in the area had increased by 37 per cent be- immigrants, many who cannot speak English. land,” Petz says. tween 2002 and 2005, a study by S/Sgt Scott A local gang had terrorized the area for 10

Blue Line Magazine 20 MAY 2007 years; Sgt Duncan McCulloch and Cst Mike Fleming were charged with helping to put an end to the problem. “Within 120 days we had removed 20 ac- tive gang members from the neighbourhood and closed four crack houses,” says McCulloch. Ending such a well-established crime prob- lem so quickly helped to build a healthy level of trust between police and residents in an area where people aren’t always happy to see officers. “That’s when the community started to talk to us; started to believe that we were there and we will be there to solve their problems,” says McCulloch. “They knew that there was some- one they could turn to.” The crime rate dropped dramatically after the renewed police presence and exodus of the area’s major criminals. Robberies went down 60 per cent, B&Es dropped 45 per cent and there were 40 per cent fewer car thefts. Calls thing going on that police didn’t know about.” in the windows as well as information from for service over all were reduced by 30 per cent. Slowly information began to trickle in the property manager. McCulloch and Fleming stayed vigilant about what was causing this crime ‘hiatus.’ “Once we were confident that there were and began to notice a few things that were most “The only reason people came forward was grows in there it became an emergency situa- uncharacteristic to their beat. The most telling because they knew us, they knew our faces and tion and we had concerns for the health and and alarming development was that crime un- knew they could trust us,” says McCulloch. safety of the residents.” related to gang activity was also dropping. For “This wasn’t an area in which they felt very The property manager was very co-opera- the NSP to be effective, officers usually rely comfortable with the police before.” tive, allowing police into other apartments and on what they hear from the community, but in Police obtained warrants to search six buildings. The investigation went on to net more this case it was the silence that was significant. apartments and discovered grow-ops. Officers than 11,000 marijuana plants, with an estimated “The first trend we saw was that we weren’t noticed similarities between these units and street value of more than $11.8 million, in 49 hearing things. We weren’t getting the same other apartments in the same and neighbour- apartments spread over three buildings. amount of calls for police service as we had ing buildings. expected and (was) usually warranted,” says “There were some commonalities from the For information on Hamilton Police NSP contact McCulloch. “There was some suggestion from outside looking in,” says Det/Sgt David Calvert Catherine Martin at: [email protected]. our sources in the area that there was some- of the vice and drug unit. “There were things

Blue Line Magazine 21 MAY 2007 Grounds for detention less than arrest by Mike Novakowski them off, identified themselves as police and detecting an overwhelming odour of marijuana, asked Aslam who owned the vehicle. He said and concluded there was a large quantity of it The threshold to he wanted to talk to his lawyer and appeared in the van. He saw a duffle bag between the justify a detention is nervous and sweaty. driver and passenger seats and opened it, find- less demanding than Aslam and his companion were detained ing packages of marijuana. that required for making while police further investigated to determine The men were re-arrested for possessing an arrest. whether the van was stolen. The following rea- marijuana for the purpose of trafficking and In R. v. Aslam, 2006 sons were cited for the detention: given their Charter warning. Aslam again BCCA 551, two officers • They were not Asian; asked for a lawyer and did not give a state- driving a marked police • They refused to identify the owner; ment. Police returned to the van, opened the car did a routine check • The manner they parked the vehicle; rear hatch and found five more duffle bags of of the licence plate of • They were breathing heavy and sweating. marijuana. A total of 202 lbs. was seized from a van travelling in the One of the officers went to the van, which the van. opposite direction. It was was locked, and looked inside. He saw the pas- Aslam was subsequently convicted in Brit- registered to a person with an Asian name liv- senger door handle and ignition cylinder were ish Columbia Supreme Court of possessing ing out of town, but the driver appeared to be damaged and formed the suspicion it was sto- marijuana for the purpose of trafficking. He East Indian. The officers decided to do a li- len. Both men were then arrested for possessing appealed his conviction to the BC Court of cence and registration check, activated their stolen property and patted down. Police found a Appeal, arguing the detention, arrest and search emergency lights and made a U-turn. key in Aslam’s pocket, which they decided to were unlawful because they lacked sufficient The van made an erratic move to the curb use to open the door and look in the glove box factual foundation. and parked; the two occupants got out and for information about the registered owner. The court was unanimous in dismissing the walked away toward a lane. The officers cut The officer opened the door, immediately appeal. Justice Mackenzie first noted the test for investigative detention: An investigated detention requires reason- Mr. Big did not violate Charter able grounds to suspect that a detainee is crimi- nally implicated in the activity under investi- by Mike Novakowski statement is voluntary beyond a reasonable gation. The threshold is lower than the reason- doubt. However, this rule only applies to state- able and probable grounds required for an ar- A Mr. Big scenario undertaken by Ontario ments made by an accused to a person they rest. The grounds for detention must be a rea- police did not violate s.7 of the Charter, the believe to be a person in authority, such as a sonable suspicion determined objectively from province’s highest court has held. police officer. the circumstances (para. 6). In R. v. Osmar, 2007 ONCA 50, the ac- Concerns about the reliability of confes- Here, the trial judge did not err in conclud- cused became a suspect following the murder sions to private individuals can be addressed ing the officers had reasonable grounds for an of two men about one month apart. He was by appropriate jury instructions warning that investigative detention. Further, once the of- under surveillance for several months but po- such statements might be untrue or unreliable, ficer saw the damaged door handle and igni- lice were unable to obtain any incriminating and should be given little weight. tion cylinder he had “reasonable and probable evidence, so they subsequently planned an un- Second, the Canadian Supreme Court’s cause” to conclude the van was stolen, thereby dercover operation. judgment involving the use of statements made justifying arrest. An undercover officer befriended Osmar under statutory compulsion in response to pro- The pat down search that followed was “rea- at a drug treatment centre, had contact with him vincial traffic legislation did not assist Osmar. sonable incident of that arrest.” The warrantless several more times over a five month period In that case, the court examined four contex- search of the van using the key was also lawful. and introduced him to his “boss,” also an un- tual factors in deciding whether the statement “Here the intended search of the glove compart- dercover officer. Osmar eventually told the boss was admissible: ment was for the purpose of locating documents he had killed the two men, an admission that • coercion; that would assist in determining ownership of was surreptitiously recorded. • adversarial relationship; the vehicle and relevant to the theft for which Osmar was arrested, charged with two • the real possibility of an unreliable confes- the (accused) was originally arrested,” said Jus- counts of first degree murder and convicted sion to a person in authority; tice Mackenzie. He continued: at trial in the Ontario Superior Court of Jus- • abuse of power. Once the door was opened the officer testi- tice. He appealed to the Ontario Court of Ap- Even if these criteria were applied to this fied that the smell of marijuana was overwhelm- peal arguing, in part, that his statements to case, there was no violation of the principles ing, consistent with the large quantity found by the undercover police officers should not have of fundamental justice. There was little, if any the subsequent search. At that point there were been admitted because his right against self- coercion. Osmar wasn’t under pronounced reasonable and probable grounds to arrest the incrimination, protected by s.7 of the Char- psychological and emotional pressure and (accused) for a drug offence and it wasn’t nec- ter, had been violated. there was no abuse of power. He wasn’t threat- essary to formally arrest the (accused) for that Section 7 is implicated whenever the state ened or intimidated, but rather presented with offence in the circumstances before making the seeks to use self-incriminating evidence by an opportunity to obtain employment in a search (references omitted, para 11). coercive means, he submitted. The trickery criminal organization. The court also rejected Aslam’s assertion police used in this case, combined with Finally, Osmar’s right to silence wasn’t that the officers’ grounds for arrest dissipated elicitation, can amount to coercion. An accused violated. Section 7 does not apply to undercover once the vehicle key was found in his pocket. does not have to be detained in order to trigger operations prior to detention. He wasn’t in cir- The officer testified that car thieves use mas- s.7, he contended. cumstances that could be considered the func- ter or filed keys to steal vehicles and finding Justice Rosenberg, authoring the unani- tional equivalent of a detention. He chose to the key did not cause him to reconsider the ar- mous decision, rejected Osmar’s appeal, rul- speak to the undercover officers and “wasn’t rest. The trial judge’s conclusion that the of- ing s.7 is not infringed by undercover police under the control of the state, nor was the con- ficers’ continued to have reasonable and prob- operations where the suspect is not detained. text such as to require that he be protected from able grounds for arrest from the time of initial First, the common law confessions rule, which the greater power of the state.” arrest until the opening of the van door to de- also serves the principle against self incrimi- Osmar’s appeal was dismissed and his con- termine ownership was sound. nation, requires the Crown to prove that a victions upheld. Aslam’s appeal was dismissed.

Blue Line Magazine 22 MAY 2007 Lawyer should speak to client first by Mike Novakowski yer were not an onerous burden and the failure needed the information from the breathalyser to provide this information unduly limited technician in order to properly advise his cli- There was no need for a breathalyser op- Fitzsimmons’ right to counsel. In her view, the ent, he did not seek to obtain this same informa- erator to speak to a lawyer before allowing a evidence did not establish that he knew enough tion from his client. Counsel’s obligation was to suspect to do so, Ontario’s highest court has held. to permit the lawyer to assess whether police first consult with his client, the detainee, and to In R. v. Fitzsimmons, (2006) had the required reasonable and probable ask him what he needed to know in order to ad- Docket:C44435 (OntCA), the accused was ar- grounds to demand a breath sample. A new trial vise him. This he did not do (paras. 17-18). rested for impaired driving after failing a road- was ordered. And further: side screening device, read his Charter rights, The Crown appealed to the Ontario Court The fundamental purpose of s. 10(b) is to cautioned and given the breath demand. of Appeal. Justice Weiler, authoring the unani- ensure that detainees are sufficiently informed Fitzsimmons was handed over to a qualified mous decision, found the burden was on of their jeopardy and their right to counsel and breathalyser operator at the police station, who Fitzsimmons to prove on a balance of prob- are given a reasonable opportunity to exercise again reiterated his right to counsel. abilities that he wasn’t able to exercise his that right. (The breathalyser operator) was Fitzsimmons requested counsel and the s.10(b) rights in a meaningful way. The bur- under no obligation to answer (the lawyer’s) operator contacted a lawyer for him, who ques- den wasn’t on the Crown to prove Fitzsimmons questions before (the lawyer) spoke to tioned the operator about the incident, includ- had all the information required by legal coun- Fitzsimmons. Indeed to place such an obliga- ing asking why Fitzsimmons had been stopped sel to provide him with the necessary advice. tion on a breathalyser operator is impractical and whether there was an accident. The opera- In this case, Fitzsimmons’ right to counsel and could seriously interfere with the officer’s tor refused to talk about the investigation, tell- wasn’t breached when the breathalyser opera- ability to carry out his duties, not only with ing the lawyer he wasn’t the arresting officer. tor refused to speak to counsel before the law- respect to this detainee but others as well. The lawyer then told the operator he could yer spoke to his client: We are not satisfied that there was any not give proper legal advice without knowing Upon arrest the police have an obligation information necessary to the giving of legal the reasons and grounds for the stop. The op- to provide the detainee with the reason for his advice that counsel could not have obtained erator again refused to answer and Fitzsimmons arrest, advise him of the right to counsel and by other means, such as by asking his client then spoke to the lawyer in private. to provide him with an opportunity to exercise (para. 24). At trial in the Ontario Court of Justice, that right. In this case, instead of consulting Weiler noted however that she wasn’t ad- Fitzsimmons argued his rights under the Char- with his client, counsel for the detainee insisted dressing the question of whether police have ter were breached because, in part, police de- on speaking to the breathalyser technician first, an obligation to provide a lawyer with infor- prived him of his right to retain and instruct and the technician’s refusal to answer coun- mation they cannot obtain from the detainee. counsel by not assisting his lawyer. The law- sel’s questions formed the basis of the alleged The Crown’s appeal was allowed, the order of yer testified that the advice he gave was based infringement of (the accused’s) Charter rights. a new trial set aside and the conviction of over on information provided by Fitzsimmons, Further, although counsel claimed that he 80mg% restored. rather than information he wanted to get about what was in the mind of the officer. The time of the incident was important to the advice he had to give, the lawyer said. Fitzsimmons stated he did not feel he received complete advice about whether he had to give a breath sample. The application to exclude the evidence was dismissed and Fitzsimmons was convicted of over 80mg%. He success- fully appealed to the Ontario Superior Court of Justice. The appeal court judge ruled that the an- swers sought from the technician by the law-

Blue Line Magazine 23 MAY 2007 Police questioning not necessarily detention by Mike Novakowski and a set of electronic scales. He was then re- direction or reasonable perception of compulsion. arrested for possession for the purpose of traf- The accused did not testify as to how he perceived The Nova Scotia Court of Appeal has again ficking, again advised of his right to counsel the situation. Even though a court can infer a de- confirmed that initial police questioning of a and asked if he wanted to talk to a lawyer. There tention from the circumstances without an ac- suspect does not necessarily mean a detention was no way to give him privacy at the railway cused’s testimony, there is no legal presumption has occurred. station, Lewis was told, but he could have pri- that a detention occurs simply because a police In R. v. Lewis, 2007 NSCA 2, the accused vacy at the police station, which was only a officer conducts an interview. was the last person to get off a Via Rail sleeper few minutes away. car and was seen by plainclothes members of a At trial in Nova Scotia Supreme Court on Access to counsel jetway unit, a police criminal interdiction team charges of possessing cocaine for the purpose The trial judge held that it was impractical that monitors passengers at airports, train sta- of trafficking and trafficking in cocaine, Lewis to give Lewis access to counsel on a public pay tions and bus depots, mainly to intercept illegal argued he had been arbitrarily detained (s.9 phone at the railway station because it would contraband such as drugs. After spotting travel- Charter), denied his right to counsel (s.10(b) not provide privacy. He was instead transported lers exhibiting nervous or avoiding behaviour, Charter) and subjected to an unreasonable almost immediately to the police station, allowed officers approach, identify themselves and en- search (s.8 Charter). to use the phone, and wasn’t subject to any form ter into conversation. The traveller is arrested if The trial judge ruled that he had not been of interrogation between the time of arrest and proper grounds are formed and a search is con- arbitrarily detained prior to his arrest, which his lawyer call. Fichaud again concluded the trial ducted. A police dog trained in narcotic detec- was based on reasonable grounds, the ensuing judge did not err in finding Lewis’ right to a tion may be used to sniff the traveller’s baggage. search was justified as an incident to arrest and reasonable opportunity to consult counsel with- A dog handler, who was waiting in a recep- his right to counsel had not been violated. He out delay was respected. tion area, was signalled to approach with his drug was convicted of possession for the purpose of Lewis also argued that police should not sniffing dog, a yellow Labrador. As the officer trafficking and appealed to the Nova Scotia have searched him after his arrest until he had followed the suspect, his dog, which was on a Court of Appeal. the opportunity to consult counsel. He submit- leash, sniffed Lewis’ backpack; the suspect ted this violated his right to counsel in that pulled it away but the dog pursued and then sat, Detention police have a duty to suspend obtaining in- indicating he had detected a narcotic. The trial judge concluded Lewis had not criminating evidence until the detainee has a Another officer then approached Lewis, been detained prior to his arrest because he chance to consult counsel. identified himself and asked if he would mind wasn’t physically constrained, nor was he given Justice Fichaud disagreed. Although a sus- speaking to him, adding he had done nothing a direction or demand that may have had legal pect must be informed of their right to retain wrong and wasn’t under arrest. Lewis identi- consequences. Furthermore, there was no evi- and instruct counsel without delay on arrest, fied himself and answered a few questions, dence Lewis had a reasonable perception, he police do not have to suspend their search in- during which it was learned he had a prior drug had no choice but to comply with police. cident to arrest until the detainee has a chance related record with a notation of violence. The Rather, the officer wasn’t threatening in any to retain counsel. officer then arrested him for possession of nar- objective sense. cotics and advised of his Charter rights; Lewis Justice Fichaud, authoring the unanimous The search said he wanted to speak to a lawyer. judgement, found the trial judge did not err in Lewis argued the search of his backpack A search of his backpack revealed cocaine holding there was no physical constraint, demand, wasn’t incidental to arrest, but rather inciden- tal to his detention and part of a strategy to develop grounds for the arrest and search of a Report points to contributing factors in Mayerthorpe ambush jetway targeted individual. In rejecting this submission, Fichaud held: A leaked federal report into the ambush- Mounties had sealed the hut while they murder of four Alberta Mounties has con- investigated reports Roszko was running an Mr. Lewis was arrested for possession of a firmed the worst - the officers died where automobile chop-shop and marijuana narcotic. The search was for the purpose of they stood after being shot multiple times growoperation inside. locating the narcotic – ie. discovery of evidence by a man who posed a threat that was not “He was very familiar with the natural that may be used at Mr. Lewis’ trial. This was only unique, it was off the charts. terrain and structures in the area,” said the a search incidental to arrest… It wasn’t a The four were killed by James Roszko, report. “It is not known how many police search for an unrelated purpose(references a man with a lengthy criminal record who resources may have been required to pre- omitted, para. 39). was known to harbour a hatred of police. vent such a covert approach.” Finally, Lewis contended that his arrest was Roszko used an assault rifle to fire mul- The next day, when the four officers illegal because the grounds used to support it tiple .308 rounds at the RCMP victims, strik- walked into the hut around 10 a.m., Roszko, included information about his drug record ing each victim a multiple number of times. said the report, was hiding in the corner be- obtained during police questioning, before he All four RCMP members in the Quonset hut hind a 1,000-gallon plastic container. was advised of his right to counsel. Although a were killed instantly. Along the way he had acquired firearms, search incident to an illegal arrest is itself ille- Constables Brock Myrol, Peter a bedsheet, heavy gloves, heavy socks to gal, Lewis’ arrest in this case was lawful. Schiemann, Anthony Gordon and Leo cover his boots, a pillow case, binoculars, a It was based on reasonable grounds – the Johnston died in the attack. water bottle and bear spray. detection by a drug dog of a narcotic in the The report itself points to a number of Once (the officers) had passed his loca- backpack of someone with a drug record. Lewis factors that contributed to the tragedy at tion, it is believed that he opened fire, am- wasn’t under detention when he identified him- Roszko’s farm, located near Mayerthorpe bushing the unsuspecting members. self to police during the conversation and po- northwest of Edmonton, on March 3, 2005. Only Johnston managed to return fire. lice were entitled to use the identification to But it still doesn’t answer the key ques- While it is not mentioned in the report, check his record. tion: how did Roszko, last seen driving away police sources said they believed Roszko Since there was no detention, there was from his farm the afternoon prior, manage used the sheet to camouflage himself no requirement that police inform Lewis of to get back into the hut during the night de- against the snow while he snuck back to his right to counsel under s.10(b). His ap- spite it being under police guard? the hut. peal was dismissed.

Blue Line Magazine 24 MAY 2007 Realistic opportunity to consult counsel key by Mike Novakowski position to require that a breath sample be pro- lant to consult counsel, all that was required Ontario’s top court has cautioned that an vided “forthwith,” that is, before there was any was that he be able to “call” counsel in the opportunity to call should not be confused with realistic opportunity for the (accused) to con- few minutes it took for the ASD to arrive and actually being able to consult with a lawyer sult counsel. The answer, in our view, is “yes.” be readied for use. during a roadside stop. The machine was at the scene and ready With respect, we think that the trial judge In R. v. Torsney, 2007 ONCA 67, police for use within six or seven minutes of the de- erred in that regard. The question he should have stopped the accused after he drove through a mand. The demand was made at 2:35 a.m. On asked is whether, in all the circumstances, there stop sign. Officers did not have an approved the record in this case, any attempt by the ap- was a realistic opportunity for the (accused), in screening device (ASD) with them so requested pellant to contact and consult counsel within the space of six or seven minutes, to contact, seek one be brought to their location. In the three the space of six or seven minutes, at that time and receive advice from counsel. Had the trial minutes after they made the ASD demand and in the morning, would have been futile. The judge framed the issue that way, he would, in our the device arrived, Torsney asked if he “should proof of that lies in the (accused’s) attempt to view, have decided the s.10(b) issue differently. call his lawyer” on his cell phone. “That won’t contact a lawyer after he had been arrested at In sum, we are satisfied that the demand be necessary.” the officer replied. 2:43 a.m. and taken to the station pursuant to made by the police officer was a valid demand Torsney failed the test and was arrested for a breathalyser demand. under s.254(2) of the Criminal Code and the driving over 80mg%. He subsequently pro- According to the evidence, at the station, breath sample was provided forthwith, i.e. be- vided breathalyser readings over the legal limit. it took the (accused) “a lot of effort to get his fore there was any realistic opportunity for the At trial in the Ontario Court of Justice phone call to his lawyer” and “he phoned more (accused) to consult counsel. Contrary to the Torsney argued, among other things, that his than one number to try to get through.” Noth- position taken by the courts below, there were right to counsel under s.10(b) had been vio- ing on this record leads us to believe that the no Charter violations here (paras. 10-14). lated because police didn’t give him the op- situation would have been different had the Torsney’s appeal was dismissed. portunity to call counsel while they waited for (accused) attempted to contact and consult with the ASD. The trial judge found there was a rea- counsel at the roadside. Mike Novakowski is Blue Line Magazine’s Case sonable opportunity for him to call a lawyer In coming to this conclusion, we consider Law Editor. If you have a legal question regarding on his cell phone, ruling his rights under s.10(b) it important to draw a distinction between a some aspect of case law, or your powers or had been breached. The breathalyzer readings detainee having “a chance to call counsel” and authority you may submit your question to the were excluded and Torsney was acquitted. a detainee being able to “consult with” coun- publisher of Blue Line Magazine at [email protected]. If you wish to contact The Crown appealed to the Ontario Supe- sel. The trial judge was under the impression Mike directly he is available by email at rior Court of Justice, which ordered a new trial. that in deciding whether, in the circumstances, [email protected]. Although the appeal judge agreed the officer there was a realistic opportunity for the appel- breached Torsney’s rights under s.10(b) when he didn’t allow an opportunity to call counsel, he admitted the breathalyser results because their exclusion would bring the administration of justice into disrepute. Torsney appealed to the Ontario Court of Appeal. It ruled that “the courts below erred in failing to consider all the relevant circum- stances when determining whether the road- side breath test had been administered forth- with, and in equating the concept of a “realis- tic opportunity to consult with counsel” with the mere chance to place a call to a lawyer.” The court continued: The breath demand was made at 2:32 a.m. and the ASD arrived approximately three min- utes later, at 2:35 a.m. According to the (accused), the testing began a few minutes later. Hence, the elapsed time in this case between the demand and the (accused’s) first attempt to provide a breath sample was, at most, six or seven minutes, not ten minutes as found by the trial judge. Regardless of the precise time, the first at- tempt was well within the periods of time that have been said to comply with the legislation. See e.g. R. v. Singh, (2005) O.J. No. 4787 (C.A.), eleven minutes from demand to the arrival of the ASD and a further six minutes to testing; R. v. Pilon, (2006) O.J. No. 701 (S.C.J.), five min- utes to the arrival of the ASD and a further two minutes to testing; and in R. v. Latour, ((1997), 116 C.C.C. (3d) 279 (Ont.C.A.)), eight minutes from demand to the arrival of the ASD and a further four minutes to testing. (T)he question to be asked is whether, in the circumstances, the police officer was in a

Blue Line Magazine 25 MAY 2007 CTV says a made-for-television movie and $750 fine. were about 39,000 admissions to youth cus- about the 2005 shooting deaths of four Alberta The Crown dropped the most serious tody and community correctional services in RCMP officers is in production. charges of assaulting a police officer and pos- eight reporting jurisdictions during 2004-05. The two-hour production, with the work- sessing a dangerous weapon and said it was Statistics Canada reports probation ac- ing title of “To Serve and Protect: Tragedy at accepting what the knife-wielding man said counted for 41 per cent of total admissions in Mayerthorpe,” will star Henry Czerny. happened over the police version of events. 2004-05, followed by remand (36 per cent), The movie is being made with the co-opera- Elvis Turtle, 23, told court he was simply sentenced custody (14), the community por- tion of the surviving families of the officers and trying to surrender his knife to police and never tion of custody and community supervision will be produced in Calgary, as well as the south- attempted to attack the officer. He pleaded orders (six), and deferred custody and super- ern Alberta towns of Irricana and Cochrane. guilty to reduced charges of carrying a con- vision (three). cealed weapon and resisting arrest. On the other hand, admissions to the com- *** Police said he fled the scene after he at- munity portion of a custody and supervision The Canadian Association of Chiefs of tempted to stab the officer and then threw the order have increased 12 per cent, while admis- Police says, the fight against criminals won’t knife in a snowbank. Officers had stopped to sions to deferred custody were up 27 per cent. be won with more police officers and bigger investigate after a crying woman, who appeared jails, but with social programs that prevent to be having an argument with Turtle, flagged *** criminal behaviour in the first place. them down. Alberta is turning the spotlight on those The association and its national Coalition “There is some dispute about what hap- who have sworn to serve and protect. on Community Safety wants to put social de- pened. (The officer) has described it as a lung- The provincial government tabled changes velopment at the top of the public agenda. ing towards him with the knife that he had to to its Police Act that will create a permanent The coalition’s focus is to push govern- dodge out of the way of,” prosecutor Ramona arm’s-length panel to investigate serious and ments at the local, provincial and national lev- Jozsa said. “I’m accepting (the defence law- sensitive matters involving police. els and community groups to tackle crime yer) and the accused’s version.” The panel will be able to recommend through social development. Police Chief Jack Ewatski said he was charges to a Crown prosecutor and investigate stunned by the sentence. both municipal forces and the RCMP, said So- *** Provincial Court Judge Charles licitor General Fred Lindsay. A federal report into the slaying of four Newcombe said he didn’t want to keep the No one case or allegation of police mal- Alberta RCMP officers is recommending that young man behind bars any longer after hear- feasance spurred the legislation. beefier body armour be issued to members ing he’s trying to upgrade his education and The panel would investigate when some- across the province. has no prior criminal record. Newcombe also one is seriously hurt or killed as the result of The report from Human Resources and didn’t impose any probation. the direct action by a police officer. Skills Development Canada also recommends Lindsay’s department will be working with officers working at night be issued night-vision *** the Alberta Association of Chiefs of Police and goggles and have better radio communications. Alberta’s top court has ruled that if you help others to formulate the panel’s membership and The heavier armour is ceramic and weighs somebody buy drugs, you can be convicted of specific mandate. about 18 pounds, which is considerably heavier trafficking. The bill will also give the province the than the lighter armoured vests that officers In a recent decision, the Court of Appeal option of having correctional officers and sher- currently have and would protect officers from overturned a provincial court ruling acquitting iffs take over as jail guards from time to time long gun fire. Each vest would cost between an Edmonton man of cocaine trafficking. to free up police resources. $400 and $600. At Christopher Wood’s original trial, the The report had only made the issuing of court was told two undercover police officers *** the armour mandatory in Mayerthorpe. approached him as he was panhandling during A study of inmates at Stony Mountain peni- The RCMP also said night-vision goggles the 2004 Fringe theatre festival. tentiary in Manitoba has found they have 10 are already in use in some detachments. They asked about buying a gram of crack times the incidence of fetal alcohol syndrome cocaine and Wood called a contact who drove as the rest of the population. *** over to the area. The study of 91 inmates under the age of A New Brunswick man has successfully Wood got money from one of the officers, 30 at the prison found 10 per cent have some appealed a pair of traffic violations after argu- gave it to the driver and then returned to the form of the disorder. ing the police officer didn’t offer to speak to officers with the drugs. Some studies in the U.S. indicate that only him in either English or French. The trial judge had ruled Wood only gave about one per cent of the general population The RCMP officer only spoke to Ken incidental assistance and had not intended to has it. McGraw in French as he issued him the tickets. traffic. The Correctional Service of Canada’s ad- And the motorist, who is fluently bilingual, But Appeal Court Justice Jean Cote said dictions research centre says the findings could understood every word the Mountie said. Wood did what he did despite knowing it was lead to changes in prisoner rehabilitation. But after being found guilty of the traffic illegal to do so. Current substance abuse treatment is based violations in provincial court, the man had the Cote also said there is a misconception by on cognitive skills - which are typically a prob- convictions overturned under the Official Lan- some in the legal world that there is a defence lem for people with the disorder. guages Act. when the accused doesn’t actually sell the drugs. Chief Justice Ernest Drapeau of New Bruns- He said the legal definition of trafficking *** wick’s Court of Appeal wrote that the officer includes: selling, giving, transferring, sending, The Toronto Police Services Board has did not inform McGraw of his right to receive delivering or offering to do any of the above. given the green light to police Chief Bill Blair service in the official language of his choice. to begin implementing a new “Don’t Ask” policy Section 31 of the Official Languages Act *** that will allow people without “legal status” to states that you have the right to be served in The number of youths sentenced for crimes report crimes without fear of deportation. the language of your choice and you must be in Canada fell for the second straight year since The policy prevents police officers from informed of that right. the Youth Criminal Justice Act was adopted in asking people about their citizenship status, April, 2003. unless there are “bona fide” reasons to do so. *** This decline in sentencing of youths aged It is intended to entice people without sta- Winnipeg police are outraged a man they 12 to 17 to remand, custody and probation co- tus who have been victims of or witnesses to a say tried to stab an officer in the head with a incides with decreases in both the youth crime crime to come forward without worrying that large knife was given a one day jail sentence rate and the youth incarceration rate. There they may be deported.

Blue Line Magazine 26 MAY 2007 Do politics run your organization? by Lindsy Richardson to compete. For example, think back to the relationships with subordinates and how they last time there was an internal competition affect their work group. For example, supervi- Many police think the toughest aspect of for a promotion; political action was prob- sors who associate with only a few subordi- being an officer is dealing with organizational ably quite intense. nates outside of work are in a position to build politics – a phenomenon that occurs when some In a competitive work environment it is strong relationships with only a select few. members attempt to influence others to achieve only natural for this type of behaviour to de- They need to be careful about developing in- personal or group goals. velop. According to Michael Aamodt of groups and out-groups, because this can lead In a 2003, journal article, researchers Chi- Radford University, behaviours associated with to strain caused by politics. Chieh Jason Chuang, Hao-Chieh Lin and legitimate political behaviour can act as an out- Second, managers can reduce the appear- Huang stated political influence is achieved by let for employees to relieve stress. For exam- ance of a political organization by talking with unsanctioned direct or indirect means and do ple, rumours and gossip can relieve stress be- their employees about impending decisions. not follow normal organizational procedures. cause it allows employees to act out towards Why not discuss the upcoming selection crite- Actions such as sabotaging special projects an organization in a nonaggressive manner. ria for a position like ‘traffic co-ordinator’ in- and groups of officers booking off sick at the On the other hand, Aamodt stated politics stead of just announcing the decision once it same time are behaviours Stephen Robbins cat- like withholding important information and has been made? egorized as illegitimate political behaviour in backstabbing result in lower organizational Finally, managers should discuss accept- his 2003 textbook on organizational behaviour. performance, job satisfaction and higher turno- able job performance with their employees. Illegitimate political behaviour can have a se- ver rates. In addition, research by Chi-Chieh This should begin on the first day for a new vere affect on an organization’s membership, and Jason Chuang, Hao-Chieh Lin and Huang dem- officer. Discuss with them what is expected and on specific members if they are singled out. onstrated that stress and emotional exhaustion how it will be measured. Also consider remind- Political behaviours do not always take an from organizational politics can increase em- ing subordinates during the early morning pa- illegitimate form. Robbins stated behaviours ployees’ intentions to quit. rade what is expected of them. such as following a company’s rules to the let- Organizational politics experts Kenneth Please do not wait until your whole pla- ter to slow down process or employees form- Harris and Michele Kacmar found in their 2005 toon is at war with each other! ing a group to obtain a specific goal are two study on the politics-strain relationship that forms of legitimate political behaviours com- there were several ways managers could reduce Lindsy James Richardson, a high school liaison monly used to cause organizational change. the strain. First, managers need to gauge their officer with the Durham Regional Police Service, has Robbins stated one contributor to the de- influence on relationships with subordinates a Masters of Science in industrial/organizational velopment of political behaviour is related and determine how they can use relationships psychology and is a member of the Canadian Society for Industrial and Organizational Psychology. He can to scarce organizational resources, which to deter political behaviour. be contacted at [email protected] . causes individuals, groups and departments Police supervisors need to be cognizant of

Blue Line Magazine 27 MAY 2007 Supporting child sexual exploitation investigators by Michelle Rose ience, to build strategies to assist in coping with the type of medium we Imagine spending day after day work with on a daily basis.” watching horrific images of children The SQ has a psychologist assist- being sexually abused. That’s the world ance service, comprised of profession- of officers investigating Internet-ena- als with extensive knowledge of the bled child sexual exploitation. Repeated police environment and culture. Work- exposure to these images has the po- ing with both the cybercrime and inte- tential to significantly affect those who grated child exploitation (ICE) units, choose to work in this very demanding the service provides psychological and important aspect of policing. evaluation and psychotherapy, as well “There is no question that investi- as immediate assistance if required. gators are affected by seeing children “Having a psychologist readily being sexually abused and tortured,” available to work with the investigators said Supt Earla-Kim McColl, OIC of allows them to develop trusting rela- the National Child Exploitation Coor- tionships,” says Lt Frédérick Gaudreau, dination Centre (NCECC). “It is impos- supervisor of the Criminal Intelligence sible for an investigator to not be af- Service Cybersurveillance and Moni- fected by seeing these images. Fifty per toring Division at the SQ. “This helps cent of the files that come through our to ensure that investigators seek assist- office involve children under the age ance when they feel challenged by the of nine and 80 per cent depict sexual unique stresses of their work.” penetration.” gies are developed to assist these specialized As Canada’s national centre, the NCECC and vulnerable investigators. Pulling it together into a helps develop policy and provides many lev- More research is needed to further explore national program els of support to investigators dealing with child the impacts of this area of work and the most The national health and wellness standards sexual exploitation. It is part of the RCMP’s effective ways to mitigate its effects. FBI re- framework draws on the OPP and SQ initiatives, National Police Services. search suggests that 40 per cent of investiga- incorporating a pre-screening process, regular tors report feeling changed in some way after interviews and ongoing access to assistance, The reality investigating child sexual exploitation. It also information and training. Two key additions are Research suggests images of child sexual suggests that those who have worked in this a departure interview and post-assignment ac- abuse feature younger and younger children field for a number of years are more likely to cess to assistance. These acknowledge that many and depict an increased level of violence. The report an impact from such work. of the impacts of this type of work can be real- impact of seeing thousands of these images are ized after the investigator is removed from the not yet clear and is likely to differ from one Building on existing particular work environment. investigator to another. All want to rescue the best practices The national framework is a priority for children they see and some may identify with The NCECC has worked with the RCMP, the NCECC, given the increasing number of the victims and their own children. Effects in- OPP, Toronto Police Service (TPS) and Sûreté investigators working on these cases and the clude hopelessness, frustration, anxiety, anger, du Québec (SQ) on an initiative to develop heightened depravity they must view. Al- sadness and stress. While these reactions may national health and wellness standards for in- though the program is still under develop- be mild in nature, it is imperative that strate- vestigators who work in this field. ment, the RCMP has an interim policy in Existing provincial and municipal initia- place for its members. Further, NCECC Na- Canadians train Cambodian tives have been reviewed and drawn upon to tional Steering Committee members were re- develop a comprehensive national framework cently invited to comment on the proposed sexual abuse investigators that police agencies across Canada will be en- national standards as the next step in final- A team of Canadian police officers is couraged to adopt. izing the framework. aiming to train authorities in Cambodia The OPP is developing a multi-modal plan to investigate cases of child sexual abuse comprised of pre-screening, manager and unit Protecting investigators now by men who flock to that country from training, employee self-awareness, regular Immediate steps to protect investigators around the world. evaluation and departure interviews. The pro- can include: Ted Price, a retired superintendent gram is currently in practice, although some • ensuring that assignments are voluntary; with the Toronto Police Service and direc- aspects are still under development. • providing a team environment so that inves- tor of the Canadian Police Chiefs Interna- “One of the pivotal components of our pro- tigators do not work in isolation; tional Service Agency, says he has assem- gram is resilience,” says Det/Insp Angie Howe, • providing peer support and access to em- bled a team to train Cambodian police in Manager, Child Pornography Section Investi- ployee assistance programs; taking statements from young survivors of gation Bureau, OPP Project P. “Resilience is • confidential access to mental health profes- sexual abuse, doing searches of homes and the process of adapting well in the face of ad- sionals. computers and managing cases. versity, trauma, tragedy and significant sources A national health and wellness framework Cambodian authorities asked for the of stress.” will serve as a long-term benefit to those work- training during Price’s three recent trips “Resilience is not a trait that people either ing to combat child sexual exploitation spread to that country, where too many kids fall have or don’t have,” the American Psychologi- through the Internet. The NCECC is working prey to men who travel there from devel- cal Association’s Road to Resilience brochure diligently to ensure that investigators don’t oped countries without fear of the law. points out. “It involves behaviours, thoughts become the next victims of these crimes. Price has done humanitarian work in and actions that can be learned and developed several countries including Thailand, in anyone.” Michelle Rose is a communications strategist with the Lithuania, Myanmar and Albania. “Through the OPP psychologist,” Howe RCMP Public Affairs and Communication Services adds, “we work with members to build resil- Directorate. For more information, please contact:

Blue Line Magazine 28 MAY 2007 Finding balance in the face of evil by Liz Brasier-Ackerman I can only assume people somehow feel they man condition regularly present themselves. have a handle on evil. Perhaps walking out of There has to be checks and balances in Ask a person about good and evil and they the theatre after watching it, or seeing it dealt one’s life, just as there are in the world. It’s will likely tell you they believe there is great with tidily on their favourite TV show gives them important to take steps to prevent burn out, or evil in the world, but express doubt about an a sense of control. This fictitious evil allows us the evil officers witness can become so over- ultimate good. to fool ourselves into believing that it is only whelming that it obliterates all that is good in I have often pondered this, wondering why ‘others’ who are capable of such things. life. Look for ways to lighten the psychologi- we so readily believe in an ultimate force of Unfortunately, we are all capable of evil; cal, spiritual and/or emotional burden. Talk to evil but are less likely to accept the possibility it is human nature. Some have more of a pro- peers. They will understand what you’re go- of a higher power. Perhaps it is because the pensity toward it than others. Most of us would ing through. Counselling — spiritual or other- reality of evil touches our lives, affecting – and never even consider doing acts that would wise — can also help. wounding – us in ways that leave profound and greatly harm others and be considered ‘evil.’ Don’t overlook simply taking time each day permanent scars. Nevertheless, extreme circumstances can lead to remember that there is good in this world and Most police officers would likely say they us to do surprising things and sometimes evil in each of our lives. I’m not suggesting you keep see a lot more bad than good from day to day, is disguised – rewrapped and labelled as nec- flowery ‘thankfulness journals’ but it can help but if they didn’t believe there was the hope of essary, unavoidable or tragic. to take a moment at the end of an especially bad good in this world, would they keep on doing I remain optimistic, believing that this is a day to remember something you are thankful what they do? There would be no point; they world of checks and balances. History has for. Hold on to that thought for a while. might as well give up – and some days, that proven that humankind is capable of terrible I speak from experience. Some days as a may seem like the best option. Police are prob- things, but we are also capable of great good. student chaplain left me drained, jaded or pray- ably the most realistic people in the world about Examples include ending apartheid, tearing ing for the faith to go on. Remembering the the reality of evil. down the Berlin wall and the massive efforts good things in my life brought me back to earth One need only open the newspaper to see to help the hungry and combat AIDS. and helped me face the next day. evil. It is everywhere – in wars, on our streets, We all carry within ourselves the desire and Evil exists, but we shouldn’t let it hold even in our homes. Yes, even at home – turn capability to do good, life-enriching and possi- sway in the world. Goodness, decency, kind- on the television and there it is. It’s getting bly life-changing things for others. We do great ness and joy are more potent and powerful than harder and harder to flip through the channels good for both ourselves and our spirits when evil will ever be. Where there is the tiniest sliver and find a drama or action show that does not we act upon these desires. This is especially im- of light, there cannot be darkness. centre on some heinous and unimaginable portant for police to remember, since it’s cru- crime. The Internet is also a doorway to virtu- cial to find balance when working in a field Contact Liz Brasier-Ackerman at [email protected] . ally any kind of evil one could imagine. where the worst aspects of society and the hu- As a columnist, pastor, chaplain and nov- elist, I am keenly aware that evil exists but don’t understand why we feel the need to create it for our entertainment. Film and television writ- ers continually try to outdo each other by in- creasing the grotesqueness and shock value of their work. Why do moviegoers pay to watch people being slaughtered? People come home from a long day at work and watch one televi- sion show after another centred on sexual crimes and murder, or reality shows which give them a front row seat to watch families im- plode and destroy each other.

Police concerned about salvia divinorum use by teenagers

Police are becoming increasingly worried about teenagers taking a legal hallucinogen called salvia divinorum. The effects of the drug are immediate and last only a few minutes, but can potentially inca- pacitate users, distort their perception of space and time, cause hallucinations and impair their critical judgment. Salvia is a sage-like psychoactive plant be- longing to the mint family. High doses of the drug, which has no known medical use, can cause potentially serious health effects, such as unconsciousness and short-term memory loss. Salvia is not yet at the forefront of the drug scene in Canadian communities, but once the drug becomes more prominent, the legality of the substance could be challenged by lawmakers. At this time, there isn’t much police can do about the drug, other than dealing with offences potentially linked to its use, such as driving under the influence.

Blue Line Magazine 29 MAY 2007 Listening crucial in sex abuse cases by Danette Dooley Kennedy says that when he contacted the Calgary police with his allegations, he was It’s been over a decade since former NHL convinced he would not be believed. “It took a player Sheldon Kennedy charged his minor few meetings to get the whole story out of me. hockey coach, Graham James, with sexual as- It was hard talking about the abuse to stran- sault. The abuse, which occurred more than 300 gers but Brian was patient and respectful,” he times, robbed Kennedy of his teenaged years. says of Det. Brian Bell. His story not only rocked the hockey world but Abuse victims have been robbed of many put a human face on sexual abuse. things, including their ability to trust. “We kind “If the last 25 years of court cases have of took baby steps through the whole thing,” taught us anything, it’s that sexual abusers are Kennedy says of the police interviewing proc- often trusted members of the community who ess. The investigator not only gained his trust are in positions of authority over children,” but was “a huge step towards my recovery and Kennedy writes in his recently released book where I am today,” he says. Why I didn’t say anything. James pled guilty to abusing Kennedy but Although touted as a hero for his courage spent less than two years in jail. Kennedy con- in coming forward, life after Graham James has tinues to work in partnership with the Red been difficult for Kennedy. His book details the Cross and is head coach with ‘Respect in Sport’ demons that followed him for many years, in- (www.respectinsport.com), online abuse pre- cluding his addiction to alcohol and drugs. Af- vention and risk management training aimed ter going public with his story, Kennedy skated at coaches, parents and officials. across the country on in-line skates to raise Cst. Tim Hogan, a 25-year Royal New- awareness of sexual abuse and more than a mil- foundland Constabulary veteran who spent lion dollars for education projects. more than six years on the sex offence unit, is He donated the money to the Canadian Red not surprised that it took an adult Kennedy Cross RespectED program, which educate more than one interview to give a full account youth and adults about sexual abuse and abuse of the abuse he’d suffered for years. There are and harassment in sport. Kennedy was in St. many people have trouble understanding how times, he says, especially during the first con- John’s recently as a guest of the Red Cross and that can happen, the victims Kennedy met on tact between investigator and the complainant, shared his experience with numerous groups, his skate do not, he says, noting 10 to 15 peo- when listening can be more important than including young police officers. ple a day disclosed their stories of abuse to him. note-taking. One out of every four women and one out “What I’m trying to capture is not the “As police officers, the first thing you tend of every six men will be sexually abused by physical stuff but what you’re left with: the to do is put your head down, put pen to paper age 18, according to some estimates. Although feelings, the shame and the guilt,” he notes. and start writing… but then there’s no com- munication because you’re too busy writing down the facts.” Hogan says when the abuse has taken place over a lengthy period, it’s also not uncommon for the investigating officer to develop a rap- port with the complainant’s family. Often in sexual abuse cases, they too have trusted the person accused of the crime. While gaining a complainant’s trust is im- portant, Hogan says the individual must also realize the seriousness of the allegations and be prepared for the judicial process. “We’re there from an evidentiary point of view,” he says, “and a lot of people that I’ve dealt with appreciated the fact that you listened, and they appreciated the fact that you were frank and up front with them.” You can reach Danette Dooley at [email protected]

The RespectED C.A.R.E. (Challenge Abuse through Respect Education) Kit introduces personal safety information to children aged five to nine. Programs such as ‘It’s not your fault’ and ‘Beyond the hurt’ provide direct, credible information that young people may not get anywhere else on issues of vio- lence, abuse, bullying and harassment. Adults have an opportunity to attend workshops such as ‘It’s more than just a game’, which focus on building respectful environments in the unique context of sport and recreation, and ‘A Shared responsibility: Preventing child sexual abuse through protection, in- tervention and Canada’s laws (developed in partner- ship with Justice Canada). In-depth training is also available for those who wish to become prevention educators and deliver RespectED programs. RespectED training programs, including ‘Respect in sport,’ are available on-line (www.redcross.ca).

Blue Line Magazine 30 MAY 2007 It might have been one of the easiest drug barred firefighters from drinking on the job has in the eatery called police. busts in the history of the South Carolina High- erupted into fierce protests from locals demand- The investigation was exceptionally brief. way Patrol: A car with 20 kilograms of mari- ing his resignation. The youths were asked to step outside, where juana in the trunk crashed into a trooper’s cruiser. Nearly a year after putting an end to the they were arrested and searched and relieved The easy bust happened after two patrol- decades-old practice, Port Leamington Mayor of 65 grams of pot. men parked their cars in each lane of north- Robert Elliott has become persona non grata bound Interstate 95 near Santee. in this community of 600. *** A Chevrolet Malibu going about 113 km/ h For more than 30 years, Point Leaming- Sometimes, crimes are solved by sharp hit one of the cruisers, causing minor injuries to ton’s fire station doubled as a speakeasy. Vol- police work. Other times, suspects tip their the trooper behind the wheel. unteer firefighters routinely sold and drank beer hands in ways they may not have thought of. Officers found two large duffel bags in the at the fire hall until officials confiscated the Then there’s just plain dumb. trunk with 20 kilograms of marijuana in plas- booze last spring. The move came after Elliott Sometime on Sunday evening in March, tic bags, worth more than US$150,000. issued several warnings about drinking on the someone broke into five recreational vehicles and The 54-year-old driver was charged with premises. two buildings owned by the City of Troutdale. driving under the influence, possession of co- The fire chief subsequently resigned. Then, Equipment worth about $6,000, including caine and trafficking marijuana. on Dec. 28, 15 of the department’s remaining six Motorola two-way radios, was taken, but 17 members quit en masse, citing “a lack of the crooks left behind plenty of evidence: *** respect” in a letter to the town’s council. blood, footprints and fingerprints. If only all criminals were this helpful. Since then, Elliott has endured much of the At around 9:30 p.m., police listening to the A 24-year-old Stevens Point, Wisconsin man community’s wrath. city’s radio network were astonished to hear called police to tell them he was trying to break “We had motorcades go through town here two men laughing and joking about the “trailer” into a church but he wasn’t having much luck. in protest,” Elliott said. “I’ve had them in front they had just broken into. Hee-hee, they said, Police said they found the man waiting at of my door here for over 20 minutes, the horns let’s meet at the Plaid Pantry and get some beer. St. Paul’s Lutheran church. The man told them blowing, about a month ago. I don’t know Rather than tip their hand by parking pa- he had hoped to be married in the church and where the townsfolk are coming from.” trol cars at the convenience store, two officers was trying to use a metal shovel to break In another clash, Elliott said some residents walked there from police headquarters. A short through the doors. He told them he figured they prevented him from leaving his office. time later, two transients walked in, each wear- could help. “They barricaded my truck in,” he said. “I ing one of the radios on his belt, police said. Officers searched the man and found mari- waited and I waited and I threatened to call the When asked about them, they replied juana. He then invited them to his home, where RCMP. Anyway, later on that night they finally “These radios?” We bought these from this he told them they would find more drugs. decided to let me go.” guy.” The suspects were promptly arrested. They did. He showed them his stash of Former fire chief Kevin Stuckless said Elliott Police recovered another radio and several marijuana and stolen prescription drugs. has lost the town’s support, arguing the mayor’s other missing items, but three radios are still The man was arrested on charges of crimi- stand against alcohol in the fire hall is unfair. missing. nal damage to property, possession of drugs “Why not have it there?” Stuckless asked. And police are still listening. and paraphernalia. “What’s wrong with it?” “There aren’t many arrests like that,” Po- Elliott has said his stance was based on *** lice Chief Jeff Morris said. cases in the past where firefighters responded A $25,000 dollar diamond was found stuck to calls drunk. in a shower drain at a California prison housing *** But Stuckless, a volunteer on the force for the man accused of stealing it two-years-ago. Inmates in South Carolina could soon find 18 years, said the department always had some Bret Allen Langford allegedly asked the that a kidney is worth 180 days. members at the station designated not to drink, owner of a jewellery store to show him a two Legislation is being considered that would downplaying concerns of drunken firefighters carat colourless diamond in 2005. let prisoners donate organs or bone marrow in as overblown. Police say Langford then grabbed the dia- exchange for time off their sentences. New firefighters have recently been mond and sped away. A state Senate panel has endorsed creat- trained. Elliott has also secured a restricted liq- They say Langford was arrested shortly ing an organ-and-tissue donation program for uor licence for the fire hall, allowing them to after but police did not retrieve the diamond. inmates. drink at the station three times a week. He was charged with commercial bur- But legislators postponed debate on a “I would prefer a fire hall without alcohol glary and, after several transfers, ended up measure to reduce the sentences of participat- in there at all,” said Elliott. at Theo Lacy Branch Jail in Orange, where ing prisoners, citing concern that federal law “But when you’re boxed into a corner, he awaited trial. may not allow it. whether you’re gonna have a fire department This week, an investigator representing The proposal approved by the Senate Cor- or not, you try to compromise.” Langford told jail officials to search the jail- rections and Penology Subcommittee would set house drains if they wanted to find the diamond. up a volunteer donor program in prisons to *** Officials discovered the rock wedged in a teach inmates about the need for donors. Four teens in West Vancouver may want screen beneath one of the facility’s shower stalls. The legislation would shave up to 180 days to think again before they choose to do a drug off a prison sentence for inmates who donate. deal in a busy family restaurant. On the table. *** South Carolina advocates for organ dona- At suppertime. Philippine police have issued a warning to tions say the incentive policy would be the first The four were arrested at the Park Royal gay officers not to sway their hips or display other of its kind in the US. White Spot when they were easily spotted at a suggestive “lustful” behaviour while on duty. table dividing up marijuana in plain view. Otherwise, they could risk losing their jobs. *** It’s not clear who spotted the three 16-year An official says the police department does A smalltown spat that began when the olds and 17-year-old doing the deal - it was not discriminate against homosexuals, but adds mayor of a rural Newfoundland community 6:15 p.m. in the busy restaurant - but someone it will not hesitate to fire those who misbehave.

Blue Line Magazine 31 MAY 2007 The lone Jihadist A new dimension in terrorism by John Thompson The Canadian existence of the Khadr Fam- Nightmares are made of this: A teenager ily, Ahmed Ressam and his associates, et al opens fire with a shotgun at a shopping mall; a is undeniable and the nightmare plans ap- gunman begins shooting at a daycare centre; an parently contemplated by 18 would-be SUV driver deliberately runs over pedestrians. Jihadists in Toronto would have been brutal All of these events have happened recently if translated into action. in the United States. What’s worse is that they Canada’s police and intelligence agencies were not acts of lone psychotics but apparently (though apparently not many of our judges and done by individual Muslims who may have politicians) have learned to cope with the real- been inspired by the Jihad. ity of the international Jihad and its ability to The daycare centre shooting occurred in recruit young male Muslims inside our soci- Seattle in July, 2006, at a Jewish community- ety. What we may not be ready for is an emerg- run centre. The Muslim American suspect shot ing phenomenon of ‘do-it yourself,’ fully au- six women, one fatally. tonomous lone Jihadists. The SUV incident occurred in San Fran- It appears that web sites and videos offered cisco in August, 2006; 14 people were deliber- by militant Islam may have been a contribut- ately run over and the driver – a 29 year old ing factor in US public shootings, attempted Muslim – may have also intentionally killed a vehicular homicides and an abortive suicide motorcyclist. bombing in a sports stadium (seemingly the The Bosnian Muslim teenager in the Feb- explosive went off prematurely). What is go- ruary 2007 Salt Lake City incident shouted these violent urges safely suppressed. We’ve ing on? ‘Allahu Akbar’ as he fatally shot five people probably all met someone – at least once – who First, the Jihad movement – with its Wahhabi, with a shotgun. we were instinctively wary of, lest the day come Salafist and Khomeinist flavours – is the new Since the early 1960s, hardly a year goes when they just might show up with a shotgun. ‘power’ ideology that attracts the same sort of by without at least one incident of an attempted Muslims, by and large, are just as law-abid- people who might otherwise have gravitated to massacre in an American mall, school or ing and stable as anyone else. My own experi- extreme right or left groups in the past. Also, as workplace with a gun or some other weapon. ence with neighbours and those I’ve met so- an ideology, it is far more violent and much less We have our own sad litany of similar incidents cially is certainly not alarming. It is hard to structured than the old ‘revolutionary’ Marxism in Canada. The literature of criminology is rich reconcile personal experiences of these ordi- that gave us our first major experience with mod- with studies on the perpetrators, usually citing nary people with knowledge of the existence ern terrorism in the 1960s and 70s. some variation on a craving for self-esteem of the international terrorist Jihad; the fact re- Many of the perennially angry or rootless, among maladapted individuals as the motive. mains that the violence is quite real. who might otherwise act on their own, are at- Many others may have contemplated (how- Many Muslims who have become Canadi- tracted to the Jihad. So far, between 10 and 15 ever briefly) doing the same sort of thing, but ans fled their birthplaces to escape this violence, per cent of those arrested in Western Europe internal and external factors combine to keep but the potential for it has followed them here. and Australia for belonging to Jihadist groups have actually been converts. In the United States and, to a lesser extent, Canada, our police have normally stayed on Change of focus needed for improved border security top of emerging Jihadist cells, preventing them from inflicting serious harm since the 9/11 at- A new report says border crossings between general and terrorism in particular.” tacks of 2001. Much of the credit should also Canada and the United States have placed far The panel recommends raising the personal go to the many North American Muslims who too much focus on collecting customs revenues exemptions of people re-entering Canada to have provided valuable early warning of and not nearly enough on keeping dangerous $2,000 a trip from between $200 and $400, im- people and goods out of the country. proving electronic identification of people and Jihadist candidates on many occasions. In its third national security report in less than vehicles crossing the border, accelerating efforts One result seems to be the emergence of a week, the Senate security and defence com- to arm border guards from their “painfully slow” lone Jihadists inside the United States. Moti- mittee says successive federal governments 10-year timetable, and negotiating “property vated by Islamic web sites and videos but un- have missed opportunities to buy Canadians swaps” with the Americans so border officers can able to actually connect with a functioning cell, more security for the sake of what amounts to pre-clear persons and vehicles before they cross individuals who might be attracted to the idea “small change in the world of taxation.” vulnerable bridges or enter tunnels. of ‘going postal’ with a gun in a public place The senators note that customs tariffs ac- Other recommendations in the 144-page re- are learning to act on their own. Moreover, counted for about three-quarters of federal gov- port, which comes on the heels of damning analy- Jihadist material encourages this, fuelling their ernment revenues before income taxes were in- ses of lax security at airport and seaports: anger, suggesting methods of ‘expressing’ troduced in 1917, but they accounted for only • Adopt measures to prevent border running at themselves and giving them a seemingly reli- 0.147 per cent of national revenues by 2004. Canada’s 10 busiest border crossings by the gious authorization to act. “If the federal government really needs end of 2008, and all crossings by 2010. Individuals who might, without exposure that 0.147 per cent, it has a multitude of other • Increase staffing at border crossings over the to Jihadist materials and ideology, never have ways of raising the money, which would allow current average of 54 new officers a year over acted out their violent fantasies are now being border guards to guard our borders,” said the five years, which the committee warns will likely encouraged to do so. You can expect more of all-party committee. result in a critical shortage of border guards. this in the future. It says border guards also need better • Stop hiring part-time staff, usually students, and equipment and “better thinking from politicians giving them “responsibilities commensurate John Thompson is president of the Mackenzie Institute, and bureaucrats about the proper use of bor- with full-time staff, despite the fact they have which studies organized violence and political instability. der crossings as tools to counter criminality in no experience and little training.” He can be reached at [email protected]

Blue Line Magazine 32 MAY 2007 Lack of sleep wreaks havoc by Dorothy Cotton increasing difficulty multi-tasking when we are people react to ambiguous but frustrating situ- overtired and keeping track of more than one ations, for example. When the situation is not Ouch. My brain hurts. Guess it was get- thing at a time gets harder and harder, as does crystal clear, the sleep deprived are more likely ting up at 3 am that did it, but whatever the solving complex problems. to blame others for what is going on rather than reason, my prefrontal cortex is definitely not Then there is the mood problem. If you have accepting responsibility themselves. up to snuff today – and my guess is that was ever lived or worked with anyone who has a They are also more likely to be hostile to- caused by lack of sleep. sleep problem, I don’t have to tell you that sleep ward others and display outward signs of ag- The prefrontal cortex is the part of the brain deprived people are grumpy and irritable. gression and less likely to try to make amends right behind your forehead. It is in charge of Just in case all this wasn’t enough bad news, or offer restitution for something that has gone complex stuff like controlling emotions, plan- recent research has suggested that a sleep de- wrong. They are more apt to do things that are ning and organizing behaviour, anticipating the prived person also tends to respond to frustra- simply odd – not normal responses given the consequences of your actions, inhibiting inap- tion quite differently – and when there’s frus- situation. Basically, in the face of frustration, propriate behaviours, dealing with frustra- tration, there’s aggression. Being aggressive the sleep deprived person becomes antagonis- tion… that sort of thing. when it is not warranted is a really good way tic, self serving and unco-operative – all be- You probably deal with many people every for police officers to get themselves in trouble cause the glucose metabolism in the front part day in your job who have not-so-good prefron- and is one thing police services worry about. of the brain is off kilter. Who’d a thunk? tal cortexes. They can get into trouble by act- There are many reasons why people – po- The take home message in all this? I sus- ing out without thinking, reacting more lice or anyone else – become aggressive, of pect you can (or already have) figured that out. strongly than is appropriate (or legal). How- course. One of the oldest theories in the book The obvious answer is to get some sleep and ever, even in otherwise normal healthy peo- is called the frustration-aggression hypothesis. make sure your partner is also well rested – ple, the prefrontal cortex can be affected by Quite simply, it states that when you have a and if you have a favour to ask or a misdeed to things like alcohol or drugs, or even more mun- thwarted drive or are engaging in a goal-di- confess, first make sure your direct supervisor dane things like hunger or caffeine. rected behaviour that is frustrated, there is a had a good night’s sleep. Recent research has also indicated that tendency to become aggressive. This is medi- The problem, of course, is that this is not sleep deprivation – a topic near and dear to the ated and modified by all sorts of other things, always possible. Sometimes you are going to hearts of all shift-workers, especially when of course, or we’d all be aggressive an awful miss a lot of sleep and the trick in that case is shifts end up lasting for days on end – can also lot of the time. To a large extent it’s the pre- to know your vulnerabilities. Perhaps you affect our prefrontal cortex. frontal cortex’s job to run interference here so need to think twice before acting or ask for a It’s not exactly news that sleep deprivation we don’t become aggressive every time some- second opinion. wreaks havoc on a person. It’s well known that thing frustrates us. It helps us to anticipate con- It’s not a bad idea, because you might not lack of shuteye leads to a whole variety of very sequences, think up alternative behaviours, be thinking quite as clearly as you think! bad things, affecting our ability to solve prob- analyze a situation and exercise control – as lems, memory, motor co-ordination, attention opposed to just reacting. You can reach Dr. Dorothy Cotton, Blue Line’s – pretty much all aspects of cognitive function. Things start looking a little different when psychology columnist at [email protected], by fax The more complex the task, the more it seems a person is sleep deprived. You begin to see a at (613) 530-3141 or mail at: Dorothy Cotton RTC(O) to be affected by sleep deprivation. We have real difference in the way sleepy and rested PO Box 22 Kingston, Ontario K7L 4V7.

Michael Chettleburgh’s newest book Our Canada Border Services Agency the dangerously unaccepable category. Young Thugs: Inside the Dangerous (CBSA) officers are peace officers, just like So why not place a police officer at all bor- World of Canadian Street Gangs, is a police officers, and are expected to perform a der crossings? This is where the argument that comprehensive portrait of the emerg- vital function in our country. Yes, they were customs officers don’t need guns completely ing Canadian street-gang problem. once little more than tax collectors, whose job falls apart. Those who subscribe to this option His government commissioned was “protection of revenue” at the border. This are admitting that an armed law enforcement national survey of approximately 350 is why Canada Customs once fell under the presence is needed at border crossings! Why Canadian police executives, found pervue of Revenue Canada, with powers and not take the officers that we already have at that there are an estimated 434 ac- tive youth gangs with more than 7,000 authority coming from the Customs and Ex- the border, the ones who know their turf better members under the age of twenty-one. cise Act. Slowly their job became more law that anyone else and give them sidearms. Armed with this important information, he submitted enforcement related. Bottom line, we as a country have to ask his final report to the Solicitor General’s office in Decem- In today’s post-911 world, the CBSA falls ourselves what kind of protection we want at ber, 2003 only to be told a few months later that the politi- under the control of the federal Ministery of the border. Do we want a bonafide law enforce- cal agenda in Ottawa had changed and there was no longer Public Safety and Emergency Preparedness. ment agency guarding our border? If so, we an interest in this topic. Now more than ever our customs officers are should treat them no differently than police The 10 Chapter, 288 page book, gives an in depth our first line of defence against threats, both agencies by equipping, training and paying examination of the Canadian gang situation, covering foreign and domestic, and they should be them properly. everything from popular culture’s glamorization of gangs and street-gang economics to gangs and the Canadian equipped properly. This includes giving them If we are happy with a “security guard” penal system. sidearms like other peace officers. type of protection, then let’s send out tenders Young Thugs is both descriptive (highlighting the ex- Some people say that if customs officers to security companies. With this option, we tent of the Canadian street gang problem) and prescrip- have any problems, they should just call the wouldn’t need high education and training tive (setting out an approach to be embraced by all to help police. That is living in an ideal world. The standards. We also wouldn’t need to pay them curb this growing problem), and is a passionate analysis average customs officer sitting in a booth at a a lot, which may be reason enough for some to of this truly Canadian problem. lonely rural border crossing doesn’t have the choose this option. As neither a cop, academic nor government luxury of the quick response available at more Just don’t be surprised if a $10 an hour se- policymaker, Chettleburgh’s work and research has taken him to all of these domains, and his diverse experience is populated crossings. This depends on the local curity guard walks off the job when an armed reflected throughout the pages of Young Thugs. police agency having an free officer nearby to criminal approaches the border. Young Thugs by Michael Chettleburgh is now avail- respond to a call for service. With increasing Bruce Forsyth able for purchase through the Blue Line Magazine Read- demands, the wait times can sometimes fall into Barrie, Ontario ing Library online at: www.blueline.ca/store.

Blue Line Magazine 33 MAY 2007 Office 2007 delivers big changes by Tom Rataj Microsoft released the long awaited new version of its market leading Office software suite when it introduced Vista at the end of January. Office 2007, unlike many earlier ver- sion upgrades, offers compelling benefits, in- Office button in the top left corner of each pro- This is also somewhat the case with the cluding a substantial interface overhaul and gram window, which replaces the old ‘File’ newest versions of Office. The familiar and numerous security, file format and program menu. It features controls such as new, open, proprietary Microsoft Office file formats are structure improvements. close, save, save as and print, along with a list gone, replaced with the new and more univer- The new office is available in five versions, of the most recently used documents. A nice sal ‘Extensible Markup Language’ (XML) starting with Home and Student ($189) through addition to the recently used file list is the abil- based format, which is rooted in Internet page to the top-of-the-line Ultimate edition ($890). ity to keep particular files permanently ‘pinned’ structure and design. Not only is this more of Upgrade versions are between $80 and $200 to the list so they won’t be automatically an industry standard, it also allows Internet cheaper. bumped to the bottom. applications to more readily use the now The most noticeable change is the ‘fluent’ The most frequently used formatting con- smaller Office files. user interface, which dispenses with the tradi- trols are grouped into a set of multi-level, icon- In what might be a concession to reality, tional menu and tool bars and was developed based tool galleries just below the menu-bar Microsoft has produced and made available a after extensive customer research and usabil- items, which now only provides access to the file format compatibility tool, which allows ity studies. The four major design goals of Of- tool galleries. The galleries are also context older versions of all Office applications to read, fice Fluent were to make applications easier to sensitive, so commands not relevant to selected use and save the new file formats – .docx for use, reduce visual clutter and make it easier text, graphics or images are not available. Word, .xlsx for Excel and .pptx for PowerPoint. for users to find controls and create great look- The ‘Live Preview’ feature makes it con- However, perhaps as a nudge to upgrade, us- ing documents. siderably faster to change the formatting of ers are warned that features which don’t exist selected text, cells or graphics. The user sim- in their older software have been removed and The ribbon ply moves the cursor over the formatting con- “layout and the ability to edit certain features The centrepiece of the interface change is trols in the galleries on the ribbon and the re- have changed.” the new ‘ribbon,’ which groups common items sults are displayed in the actual document. Perhaps the biggest benefit of the XML file or tasks together into galleries. This approach Click on the appropriate icon and the changes format is the substantial decrease in file sizes. is said to make it easier, particularly for new are applied. My review of Windows Vista (April 2007 Blue users, to find controls. Experienced users, my- The more complex tool gallery icons are Line), saved in the new format, was a slim self included, are initially flummoxed and will labelled but the simple ones are not. Park the 35KB, less than half the 83KB size when saved need to spend some time learning where many cursor over any icon for a second or so and an in Word 2003. of the controls have been repositioned. explanatory screen-tip appears which includes The ribbon interface is included in Word, the corresponding keyboard shortcut (such as Word Excel, PowerPoint, Access and the task crea- Ctrl+B for bolding text). Creating professional looking documents tion and work screens of the various Outlook ‘Mini toolbars’ are another useful new fea- in Word is now easier than ever, thanks to a components. It starts with the round Microsoft ture. Once text, cells or graphics are selected selection of preformatted styles available in the within a document, a ghost image of a con- styles group on the home ribbon, coupled with Chemicals used in Meth labs text-sensitive toolbar appears beside them. the advantages of live preview. Move the cursor over the mini toolbar and it Word now includes a live word-count dis- not being properly controlled fades-in completely, activating the controls; play in the lower left corner of the status bar The mayor of a southwestern Ontario unfortunately, they do not include live preview. instead of hiding it in a menu, a plus for writ- town plagued by methamphetamine labs Although useful, the ribbon consumes a fair ers, editors and students who need to track is slamming Health Canada for what he amount of screen real-estate; it’s easily the word count. calls a ‘hideous record’ in keeping track height of three toolbars in previous versions of New standard fonts Constantia and of the chemicals used to make the addic- Office. This shouldn’t be much of a problem Candara replace Times New Roman, Arial and tive drug. though, since most new computers now ship other old standbys. They’re designed to be Stratford Mayor Dan Mathieson says with a 19" or larger monitor. Those still using more legible and are specifically optimized for there are only four inspectors in Canada smaller monitors, or who don’t want to see the use with flat-panel monitors. assigned to keep tabs on manufactured ribbon when they’re not using it, can set it to Predefined themes have been added for chemicals to make sure that they don’t auto-hide. professional colour-coordinated documents. fall into the wrong hands. They can be quickly and easily applied to an But he says that’s far from enough to File formats entire document without manually setting each ensure the chemicals don’t end up being The battle of document and file formats has individual element. Themes include coordi- used in clandestine meth labs in apartment raged since the dawn of desktop word-process- nated colour groups, fonts and graphic effects buildings and even in trucks. ing and spreadsheets. Each company developed bundled together into 20 predefined choices. Ontario has the second-highest con- its own proprietary format, which usually didn’t Behind the scenes file sharing and collabo- centration of meth labs behind British work well with competing products, creating ration has also been substantially improved, Columbia. The RCMP says 40 meth labs were endless grief in the real world when users allowing work groups to operate together more dismantled in Ontario in 2006. couldn’t open a file created by another appli- efficiently and effectively. Of the 19 dismantled in the province cation. This problem often occurred even with in 2005, 12 were in Perth County, which different versions of the same software; users Excel encompasses Stratford. of old versions couldn’t open files created by The ribbon also highlights changes to Ex- newer versions. cel. The default or home ribbon includes gal-

Blue Line Magazine 34 MAY 2007 leries for the clipboard, font, alignment, number (formatting), styles, cells and editing. OPP snipers prove skill at competition The styles gallery includes a neat conditional formatting tool that greatly simplifies the proc- ess of highlighting particular values of cells within a range to make the data more meaningful. The largest gallery within the formulas rib- bon is dedicated to the function library, which groups together autoSum, recently used, finan- cial, logical, text, date & time, lookup & refer- ence, math & trig and other frequently used functions. The recently used formulas button is very useful for repeated chores.

PowerPoint As with Word and Excel, PowerPoint gets the complete ribbon overhaul. Since it is pri- marily a tool to create visual presentations, it benefits the most from the new graphical in- terface. The new SmartArt graphics, which are also available in other Office programs, sim- plifies the process of creating professional looking graphics to illustrate lists, processes, cycles, hierarchies, relationships, matrixes and pyramid structures. As in Word and Excel, pre designed col- our themes make presentations and SmartArt graphics very easy to produce, with a profes- sional coordinated look. Graphics can also be by Matt Collison of the team. customized in several ways to give them a 3D “The sniper competiton and concentration look and feel, complete with subtle shadows A highly anticipated annual allowed us to test every skill we have learned and other professional effects. Unfortunately, event, the Canadian Forces and even heard about, over the two weeks in much of the cheesy clip-art and some of the Sniper Concentration Gagetown,” said Sakalo. bland themes from previous versions have been gives Canadians a The team was very pleased with their re- held over. chance to match their sults and used the event as a warm up to the skills against the best Canadian International Sniper Concentration, Outlook shooters in the country. which began the following day. The pair ad- This widely used mail client, calendar, The OPP Tactics and vanced their skills by applying lessons learned contact database, task organizer and all- Rescue Unit (TRU) was previously to their training program. In order round business (and life) organizing tool invited to compete at last year’s event, hosted to be competitive on the world stage, one has appears much the same as in 2003. The main by the Infantry School at the Combat Training to to apply basic marksmanship skills to any screen still retains the old file menu and Centre, CFB Gagetown. The team of Cst Brad situation. Whether firing at 100 metres or 1000 toolbar layout, although all the ‘new’ func- Sakalo (sniper) and Cst Eugene Laarman metres, lying prone or standing leaning against tion windows have been given the complete (sniper observer) from the Western TRU put a tree, the fundamentals are the same. This con- ribbon make-over. on an impressive display of skill as they went centration allows the sniper teams to push their Behind the scenes, many productivity, shar- toe to toe with some of the best shooters in the skills to the limit. The entire event is 100 per ing and collaboration tools and processes have country. They were the first non-military com- cent team oriented. Success depends on how been given a complete overhaul. Junk, bulk and petitors at the event. well teams work together. spam e-mail control and management have Sakalo captured gold medals in the 300 Sakalo is quick to defer the accolades, how- been improved and an RSS news reader fea- metre and 600 metre precision fire events and, ever, crediting his observer with standing up ture added. teamed with Laarman, won gold in the 400 under the heat of the competition. metre night vision counter sniper stress shoot. “We (Gene and I) worked last summer at Extras Each team competed in events ranging from preparing to go to Gagetown,” said Sakalo. Microsoft also introduced its new XPS file 300 to 900 metres, held day and night, during “The distances we were required to shoot at format, designed to compete with Adobe’s in- the three day, 10 event competition. this event far exceeded the distances we had dustry standard PDF format, and a PDF con- The OPP was paired with two snipers from ever trained at, so we had to take a new per- version utility which allows Office documents the RCR (Royal Canadian Regiment) to com- spective at sniping and precision shooting. to be saved as PDFs. Both tools are available pete in the four-man events; that team captured “Gene was extremely cool under the as a free download from the Microsoft web site. the Sniper Supremacy Trophy for the highest pressure and didn’t let it get to him in mak- overall score and earned a silver medal in the ing the important decisions. He far exceeded Conclusions 600 metre discriminate/rapid decision shoot. my expectations of him during the concen- All-in-all, this upgrade delivers substantial Sakalo also won a silver medal for coming in tration and acted as one extremely profes- and beneficial changes (more-or-less) through- second in the individual total firing 205/210, sional individual.” out the entire suite. The new ribbon interface losing first place by only one point. Sakalo and Laarman finished the competi- presents a challenge to experienced users but The sniper is the eyes and ears of a tactical tion in second place, trailing only the US Army should help new users learn their way around team deploying at an incident location. Teams Rangers from Fort Benning, Georgia. without being (too) intimidated. take up concealed positions around the target “We recognized that this was a world class location and immediately begin gathering in- event with world class competitors and we Tom Rataj is Blue Line Magazine’s technology editor telligence, reporting back to the command post worked as hard as we could to achieve what and can be reached at [email protected] and providing over watch protection for the rest we did,” Sakalo said.

Blue Line Magazine 35 MAY 2007 Patrol bag Electronic padlock Deterrence system

5.11 Tactical’s 3-in-1 patrol bag uses a light- CyberLock introduces key control ICx Digital Infrared Imaging’s deterrence coloured interior for greater visibility. Made technology and an audit trail of every system uses a low-light CCD camera with of 600-denier textured polyester, the bag padlock opening. Built with stainless steel a high-power spotlight. Available in both a measures 19” x 13.5” x 6.25” with space for components, these padlocks perform well 7.5 and 12 million-candlepower option, to daily essentials in the exterior pockets and in the harshest environments. CyberLocks disorient individuals within a one-mile a large, diagonal slash to secure the bag to cannot be lock-picked by conventional radius in and can be outfitted for covert your front passenger seat. methods and keys cannot be duplicated. near-IR capability.

VOx imaging Thermal imaging Wireless microphone

The Perceptor designed by Night Vision FLIR Systems’ HRC 40x480, a long- Systems integrates Vanadium Oxide range, large format thermal imaging TOA Canada Corporation is expanding (VOx) thermal imaging, in either 640 x 480 system for ground-based applications with their wireless microphones with the new or 320 x 240 resolution. Available with a continuous-zoom optical telescope in a 5000 Series and 200/300 Series systems secondary sensors for daytime or low lux beyond MIL-spec rugged design. The only operating in the 692-722 Mhz band. viewing and offered in both ruggidized fixed system in its class with greater than 20Km Systems are powered by a single AA battery and pan/tilt configurations. range capability. for ten hours of continuous operation.

Solar power signs Mobile digital video Card printer

Panasonic’s Toughbook Arbitrator CP, a Zebra Technologies introduces the Zebra Precision Solar Controls’ (PSC), line rugged and durable mobile digital video P430i desktop plastic card printer/encoder. of solar powered speed awareness system, for use with or without a The full-color P430i is feature-rich and products providie long life, low operating Toughbook laptop offers video capture, meets the needs of a wide variety of costs and minimal maintenance, the solar storage and transfer, and can work with mission-critical applications in corporations, panel array recovers one day’s power in back-end software for video management, government agencies, educational just 2-1/2 hours. including archival and retrieval. institutions and retail environments.

Blue Line Magazine 36 MAY 2007 Blue Line Magazine 37 MAY 2007 The congenital disease of public service by Chris Braiden paid 83 cents of each dollar collected, the unions 9 cents – and the families of deceased “Every monopoly and all exclusive privi- members eight cents. leges are granted at the expense of the public, Another product of the policing monopoly which ought to receive a fair equivalent,” US is the promotion system. The best way to ad- President Andrew Jackson observed 160 years vance is to get off the street as soon as possi- ago. Governments were much smaller than, but ble, flit from one specialized position to an- the public is still not getting its fair equivalent other and, in the process, flesh out your resume. from public monopolies. Maslow’s hierarchy of human needs being what Canadian policing is a public monopoly, it is, this self-serving practice has led to the albeit out of necessity; in monopolies loyalty continual shrinking of the ranks of front-end, becomes addicted to the servant at the expense uniformed, generalist officers and the fattening of the served. of office-bound generalists. That’s why most “Loyalty is a fine quality, but in excess it uniformed generalists want out as soon as pos- fills political graves,” noted one British politi- sible and can’t wait to become specialists. cian. Blind loyalty to the RCMP triggered the The current norm in large municipal serv- torture of Maher Arar in a foreign prison and ices sees about 40 per cent of officers respond brought down Commissioner Zaccardelli. In maker a housemaid and you’ll get my drift. The to 100 per cent of calls for service, which make monopoly workplaces, the servant becomes the Criminal Code defines the office of “peace of- up about 90 per cent of the total workload. Most served and the served becomes the servant. ficer,” which includes police officer, but does specialists don’t work evening or weekends, Loyalty shifts from the cause to the cloth. The not even mention ‘law enforcement officer.’ when crime is at its highest, leading to in- federal Adscam public service disgrace re- Efficiency (doing things right) in monopo- creased overtime costs for specialist call-ins. vealed that reality. listic workplaces often ends up dominating Little wonder that the success rate in solving Monopolies are notorious for changing effectiveness (doing the right things). In the murder, rape, robbery and aggravated assault what they do to suit themselves, and so it has process, means end up dictating ends instead have dropped an average of 22.5 per cent be- come to pass with Canadian policing. Call of vice versa. The Edmonton overtime incident tween 1961 & 1991 (US police chiefs’ asso- something by a name for long enough and it illustrates this. If the officers had lived up to ciation, 1993). will become what we call it. Policing, created their oath of office – which requires them “to A service-wide workload analysis con- to “prevent crime and disorder in the interests perform their duties diligently, faithfully and ducted within the Edmonton Police Service of community welfare and existence,” has according to law” – it would not have got revealed the senselessness of such illogical as- shrunk into a mindless law enforcement func- started, because all police officers are required signment of resources. In 1990, 34 per cent of tion of its total objective. by law to disobey an unlawful order. officers responded to all 172,000 dispatched The Criminal Code of Canada defines the Too often police wants dominate public calls for service and made 85 per cent of all office of police officer as “a person employed needs. The age old practice of police groups arrests, even though the norm is that street level for the preservation and maintenance of the selling their collective public office for private patrol officers are generally the most junior. public peace.” Making and maintaining public gain is an example of such reversal of objec- Monopolies rot from within but the sickness peace is a cause; law enforcement is a single tives. The CACP sells corporate sponsorships goes unnoticed until a catalytic event occurs. The function in pursuit of that cause, and only one to their annual convention, for example, and U2 rock concert at the Berlin Wall in 1989, for of many legal tools available to police in their the ‘Faded Blues’ hockey team uses example, began the collapse of communism — daily pursuit of that cause. telemarketing to sell tickets for its annual game the back-up band, by the way, was The Police! The former federal justice minister and against the ‘NHL Old Boys’. Public policing will always have a mo- RCMP commissioner, current police chiefs, Several years ago in Colorado an asso- nopoly, so police officers must bring higher commissioners and solicitors general have all ciation of combined police, fire and levels of integrity and ethics to their profes- recently used the term “law enforcement” in paramedics hired a private company to raise sion than their peers in the private sector. That’s reference to policing. Many officers believe that money. Contributors were told it would go to because public monopolies can reward the ab- the terms police officer and law enforcement families of members killed in the line of duty. sence of integrity and ethics, as so many pub- officer are synonymous. Wrong! Call a home- An exposé revealed the private company was lic service corruption revelations over the years have shown. That’s what makes the office of police officer unique. Quality coppers won’t degrade themselves or take handouts. Monopolies fixate on the status quo, which 5.11 Tactical 2 IPA 27 leads to obsolescence. Conventional ‘law en- Accident Support Services Insert John E Reid & Associates 19 forcement’ is obsolete; the Arar case and 9/11 APS Distributors 17 Mega-Tech 9 proved that. It’s time to gut conventional po- licing and rebuild it around it’s true reason for Blue Line Archive CD 30 Panasonic Canada 40 being – to prevent crime and disorder in the Blue Line News Week 4 Pointts Advisory 21 interests of community welfare and existence. Blue Line Reading Library 39 SEALS Action Gear 15 I describe community policing as “peace in the Cartel Communications 27 Seneca College 23 ‘hood – all ‘hoods.” We have been there be- fore and we can return. Dalhousie University 11 Thomson Carswell 13, Insert Dataradio 25 Triform 29 Chris Braiden is a retired superintendent davTECH Analytical Services Insert Underwater Kinetics Canada 27 from the Edmonton Police Service and now consults, speaks and writes on a broad Henry’s Camera Insert range of policing topics. He can be reached at 403 458-5513 or [email protected].

Blue Line Magazine 38 MAY 2007 Blue Line Magazine 39 MAY 2007 Blue Line Magazine 40 MAY 2007