APRIL 2016 2 BLUE LINE MAGAZINE April 2016 Volume 28 Number 4 Features 6 Strengthening Relationships Providing youth with a positive role model 8 Legacy of Leadership

10 One Service, One Team, One Plan Setting the level of engagement in Winnipeg 12 A Training Crisis 6 The impossible dream of policing perfection 16 Facing A Consensus On Change Addressing the seismic changes coming to policing

18 Police Judo: Part Two The art of ownership

20 Data Driven Policing Rethinking the oganization of intelligence

22 Silence Can Be Golden

24 Bottom Line Policing

12 Departments 46 Advertisers Index 34 Deep Blue 43 Dispatches 36 Holding the Line 44,45 Market Place 20 43 Product Showcase 5 Publisher’s Commentary 38 Technology

Case Law 40 No duty to ensure detainee spoke to counsel

42 Investigative detention for provincial offences not arbitrary

BLUE LINE MAGAZINE 3 APRIL 2016 APRIL 2016 4 BLUE LINE MAGAZINE PUBLISHER’S COMMENTARY Blue Line by Morley Lymburner Magazine Inc. Ignoring the parsimonious politicians PUBLISHER Morley S. Lymburner – [email protected] We recently gave our newly elected politi- years, either actively policing or analyzing, cians a hand basket and everyone in policing is researching and writing about it. I have made ASSOCIATE PUBLISHER a career out of looking at where policing has Kathryn Lymburner – [email protected] shy about telling them where we are going. If their lack of curiosity about policing continues, been, where it is currently and postulating GENERAL MANAGER the blame will be ours when we arrive at the where it seems to be going — but you don’t Mary K. Lymburner – [email protected] inevitable destination. need my understanding of the industry to know There haven’t been many headlines about how lucky we are in Canada. Have a look at SENIOR EDITOR the number of police officers per 100,000 Mark Reesor – [email protected] police costings for several years. The issue reared its ugly head recently when Ontario population around the world: CREATIVE DIRECTOR lifted its moratorium on municipalities seeking Canada 194 E. Jolene Dreja – [email protected] costing competitions with the provincial police. Sweden 208 Today’s problems surrounding police re- Australia 217 ART DIRECTOR Norway 222 Janell Bemister – [email protected] ally come down to two main issues — the lack of direction from the province and the bottom- England 227 MARKETING MANAGER line bean counters in municipal governments. Denmark 245 April Lensen – [email protected] The Ontario Provincial Police took ad- New Zealand 247 vantage of the downtime during the municipal Germany 296 CONTRIBUTING WRITERS costing moratorium to review its policies and South Africa 317 Dave Brown Robert Lunney come up with a better formula to set budgets Scotland 326 Stephanie Conn Mike Novakowski France 356 Dorothy Cotton Tom Rataj for policing municipalities. As soon as the OPP indicated it was again United States 373 AFFILIATIONS open for business it was flooded by parsimo- Argentina 558 International Association of nious politicians wanting to “kick the tires” Looking at these numbers I would sug- Law Enforcement Planners and look into replacing their old jalopy police gest Canadians are either fortunate or naive. Canadian Advertising Rates Data service with something cheaper; better is not Somehow I think it is a mix of both but a big International Police Association part of their equation. part is the quality of police personnel that The Canadian Press Newswire The Ontario police costing process has makes the difference. Access Copyright caused much angst, rancour and hostility Canadian cops are selected through a over the past 25 years, dividing communities rigorous process with applicants put through a and pitting municipal and provincial agencies battery of tests. They are poked, prodded, run SUBSCRIPTIONS ragged, analyzed and background checked for $30 per year; $50 for 2yrs; US & Foreign: $100 against each other. This has been aggravated by a weak solicitor general’s office which any and all flaws known to human kind. The ADVERTISING simply looks at numbers and statistics as a lucky few who pass are then tested, monitored, 888-640-3048 [email protected] basis for killing police agencies. tutored and studied to ensure they know their Given the world we live in today it really job and can perform to the satisfaction of everyone. www.blueline.ca should be all about competent policing, not price. The Ontario government must have the Officers are supervised by their agencies 12A-4981 Hwy7 East, Ste 254, and watched carefully with cameras and hi- Markham, ON L3R 1N1 Canada courage to tell communities they should worry about whether their policing is competent, not tech gadgetry found in their cars, streets and P: 905-640-3048 F: 905-640-7547 whether someone else can do it cheaper. If almost every citizen’s pocket or purse. If I had [email protected] money is an issue then the government should to bet on who will do the job better, I would put step in, conduct a study and offer advice. Only my money on any street cop over any soccer, PRINTED persistent unheeded advice should lead to hockey or baseball player in the world. After IN CANADA more serious considerations. all they only have to produce excellence for Ensuring a community trusts and has con- 60 minutes over several days. Not only does ISSN# 08478538 fidence in its local police must be the primary the public give them a pass but they are paid concern of any provincial government. handsomely for being successful 50 per cent Blue Line Magazine was established in 1988 as an independent of the time. publication to inform, entertain, connect and educate those involved In times long past, communities would in the law enforcement profession. With no direct control from an only lose their police service because of gross Too many politicians and media moguls enforcement agency, its opinions do not necessarily reflect those incompetency; today 150-year-old police like to write the exam first then take the lessons of any government or law enforcement agency. after. I have come to the conclusion that for The authors, advisors, and publisher accept no liability whatsoever services are disbanded because the chief can’t for any injuries to person(s) or property resulting from application balance a cheque book or municipal leaders the most part, if the politicians quit meddling, or adoption of anything presented in this magazine. Readers are can’t accurately read a contract. every agency does just fine. Otherwise... wel- cautioned and advised that articles presented herein are edited and come to this increasingly hotter hand basket. supplied for your personal awareness and should not be used for As an aside it’s interesting to note that mu- further action until appropriate guidance is received from a supervi- nicipalities always look toward reducing police sor, Crown Attorney or other persons in authority. costings but ignore fire and ambulance — two All material submitted for publication becomes property of Blue Line Magazine Inc. unless arrangements have been made with the services that remain dormant unless called upon In honour of publisher prior to publication. but which pay the same wages and benefits. Auxiliary Constable Glen EVELY © 2016 All articles are protected by copyright. No part of this Neither are active 24 hour-a-day branches like End of Watch - November 13, 2004 publication may be reproduced or transmitted in any form or means, policing. Too many municipalities are fire de- CANADIAN POLICE MEMORIAL electronic or mechanical, (including photocopying and recording or by any information storage or retrieval system), without prior permis- partment heavy and ambulance weak. DENIED sion. Permission to reprint may be obtained in advance from Access I have worked in the law enforcement field SIGN THE PETITION Copyright 1-800-893-5777. in some capacity or another for more than 45 WWW.SurreyAuxiliary.org/petition

BLUE LINE MAGAZINE 5 APRIL 2016 Sgt. Edith Turner was selected to receive undercover work was critical as she infiltrated Chief Brian Mullan for her exemplary work. this year’s Blue Line Police Leadership aboriginal street gangs in Manitoba, leading to After her work in the operation, Turner Award to recognize her outstanding commit- numerous convictions during Projects North- was invited to assist in training aboriginal ment both to the people of Winnipeg and the ern Snow, Othello and Bite. operatives in conjunction with the Canadian entire Province of Manitoba. Turner’s skills as an undercover operative Police College and CISO, focusing on disrupt- Through her many years of dedicated took her to southern Ontario in 2004 to part- ing organized crime activities in the aboriginal service as a member of the Winnipeg Police ner with the Criminal Intelligence Service of community. Turner has been instrumental in Service (WPS), Turner has continuously Ontario (CISO). During this ground-breaking, mentoring many aboriginal police officers striven to strengthen the relationships between multi-agency and inter-provincial covert from across Canada, sharing her unique per- the service and the aboriginal community. undercover operation, she became the first spective and enhancing their skill sets. This She has shared her skills with officers locally, female police officer in Canada to be embed- in turn enables them to share their knowledge nationally and internationally. ded in a prison. with the next generation of police officers in Turner dedicates her personal time to During this four day harrowing operation, their respective jurisdictions. volunteer work in her home community of Turner gathered vital evidence that led to the Through her continued leadership, Turner Misipawisitik Cree Nation and in Winnipeg to successful prosecution of a female offender, is a mentor and role model for many police of- improve the well-being of aboriginal people resulting in a second degree murder conviction. ficers within the WPS and has been involved in throughout Manitoba. During the court proceedings, Provincial training operatives for more than a decade. She During her 21 year career as a police Judge R. Harris commended her for her crea- has also been active within the WPS Women’s officer, Turner has worked in many areas of tivity in developing a system of doodle notes Network mentoring officers and has lectured the WPS — uniform operations, community to aid in her testimony. on her experiences in undercover operations relations aboriginal & diversity unit and sec- This doodle system is now highlighted in throughout Canada. tions investigating organized crime, drugs undercover courses across Canada and helps Turner shared her harrowing undercover and gangs. officers document their covert experiences for operation with more than 700 police officers Early in her career, Turner was recognized court purposes. from 55 countries at the International Associa- as a skilful undercover operative and in joint Turner was recognized by CISO Director tion of Women Police Training Conference in task force operations with the RCMP. Her Det. Insp. Al Bush and Hamilton Police Service Newfoundland.

APRIL 2016 6 BLUE LINE MAGAZINE Her presentation was one of the most task force investigators. the WPS to be a key partner in the commission well attended and many officers gained vital Recently, due to her work in building assisting the “We Are All Treaty People” cam- information for their organizations, further relationships with the aboriginal community, paign, which focused on education about treaty expanding Turner’s leadership and mentorship Grand Chief Terry Nelson of the Southern issues. The positive changes made thanks to the across the world. Chiefs’ Organization shared information he campaign strengthened the relationship between As a child of residential school survivors, received about a historical murder in Win- the service and the aboriginal community. Turner understands the negative impact of the nipeg that was linked to a suspect in custody Assembly of First Nations Chief Sean systematic destruction of many aboriginal in British Columbia. Atleo honoured Turner at the Manitoba Kee- families. As a police officer, she has strived Turner also demonstrates leadership watinowi Okimakanak National Assembly in to provide youth with positive role models. outside the service. She has been a volunteer 2010 for her dedication in mentoring aborigi- Turner has worked on numerous steering member of the Canadian Amphibious Search nal youth, providing positive role models and committees, including the Bear Clan Gather- Team (CAST) Central region since 2001. The breaking through employment barriers in her ing Committee, Indian & Metis Friendship team assists families with search and recovery work with the Winnipeg Diversity Unit. Centre’s programs like Girls Empowering efforts when a loved one is lost on the water- Turner has received many awards recog- Together and at the West-End Women’s Re- ways and local law enforcement are unable to nizing her years of dedication and exceptional source Centre. continue their recovery efforts. work in strengthening relationships between As the single parent of a daughter, Turner Turner’s leadership and strong ties with the WPS and the aboriginal community, is acutely aware of the importance of strong many First Nation Chiefs from northern Mani- including: Manitoba Excellence in Law En- role models and has worked with many young toba have enabled CAST volunteers to assist in forcement Award in 2011, the WPS James Toal women at the grassroots level, sharing her many recovery efforts in remote communities. Award of Excellence and the Queen Elizabeth experiences and providing guidance while In the past, many of these people would not II Diamond Jubilee Medal in 2012. working at the Eagle Urban Transition Centre. have been found. She was a finalist in the Manitoba YMCA- Turner is a member of the board directors In 2009, Grand Chief Ron Evans of the YWCA Women of Distinction Leadership of Building Urban Industries for Local De- Assembly of Manitoba Chiefs recognized Category and was nominated for a leadership velopment, a provincial initiative focusing on Turner’s work in building relationships and award with the International Association of training and skill development for underem- her long term commitment to the citizens in Women Police in 2013. ployed persons and youth involved in gangs. northern Manitoba and western Canada. Prior to the establishment of the Manitoba Throughout her career Turner has recog- Integrated Task Force for Murder & Missing nized the need to develop stronger relationship Sgt. Edith Turner will receive the Women community leaders sought out Turner between police and the aboriginal community. Police Leadership Award at the as a key person to bring all sides together. She turned her knowledge about long standing Blue Line EXPO Awards Gala She helped establish open discussions about treaty issues into an opportunity to become to be held on April 26th. Tickets the lack of progress and police contact with involved with the Treaty Relations Commis- are still available for this dinner: www.blueline.ca/expo or families. Turner continues to reach out to sion of Manitoba. 905-640-3048. aboriginal leaders to bridge the gap, assisting Turner was instrumental in encouraging

BLUE LINE MAGAZINE 7 APRIL 2016 LEGACY OF LEADERSHIP

Armand La Barge Service and Good Conduct Medal, and clasp, the Queen Elizabeth II Golden Jubilee Com- memorative Medal, and is an Officer of the La Barge began his career Order of Merit of Police (O.O.M.) with York Regional Police in 1973. In 2002, he was The Police Leadership Award was initiated appointed as Chief of Police, Frank Beazley and first bestowed in 1999 by the Canadian a position he held until his Police Leadership Forum (PLF). With con- retirement in December 2010. Former Chief of the tinual promotion and sponsorship from Blue Chief La Barge is the Past Halifax Regional Police Line Magazine, the PLF presented the award President of the Ontario Association of Chiefs Service, Beazley has been annually until 2005 when the organization of Police and the Board of Directors for the involved in police work ceased to exist. Canadian Association of Chiefs of Police and for over 42 years. He is a Blue Line has long recognized the simpat- he is a member of the First Nations Chiefs of graduate of the Canadian ico between the precepts of the award and the Police Association. Police College Executive magazine’s founding principles. Leadership He holds a Bachelor of Arts Honours Development program, ability is not a virtue one is born with or dele- degree from York University. Armand is a Queen’s University executive program and gated to perform but rather something that is graduate of the FBI National Academy, the numerous certificate studies concentrating in acquired through a learning experience and Queen’s University Executive Programme, the the area of business, law and human resources. nurtured through a willing spirit. Encouraging Schulich School of Business Masters Certifi- He is a past and life member of the Nova Scotia leadership as an activity encourages leadership cate in Municipal Management and Le Centre Chiefs of Police Association and Canadian as a position. Drawing forth those with rec- Linguistique at Jonquiere, Québec. Association of Chiefs of Police (CACP). He ognized leadership abilities at levels beneath Chief La Barge was invested as an Offi- is past Vice-President of the CACP and served senior management encourages the availability cer of the Order of Merit by Her Excellency on its Board of Directors. He sat on a CACP of a talent pool for the future of policing. Governor General Michaelle Jean on May 19, committee for four years regarding the future The Blue Line Police Leadership Award 2006, in Ottawa. of policing in Canada. exists to highlight the importance of recog- Chief Beazley has received the distinc- nizing those with leadership abilities and en- Peter German tion of Officer of the Order of Merit for the couraging other officers to develop leadership Police Forces (O.O.M.), and is a recipient skills. It is open to active Canadian police A former Deputy Com- of the Police Exemplary Service Medal officers below the rank of senior officer who missioner with the Royal and Bars, Queens Golden Jubilee Medal, have demonstrated exemplary leadership and Canadian Mounted Police, Queen’s Diamond Jubilee Medal and the commitment to service through deeds resulting he is currently on a new Province of Nova Scotia Long Service in a measurable benefit to their peers, police challenge at Correctional Medal and Bar. service and community. Service Canada (CSC) as the In February 2011 Blue Line Magazine Regional Deputy Commis- took up the challenge of a cross-Canada search sioner Pacific Region. Mr. Maurice Pilon for suitable candidates for recognition. Blue German worked on uniform and plainclothes Line’s appointed judges have so far selected duties in every province and territory and Maurice (Moe) is a former several worthy recipients including this year’s upon retirement in 2012 was the Deputy Deputy Commissioner with selection Sgt. Edith Turner. Commissioner for Western and Northern the Ontario Provincial Police. Canada. His scope of police work includes He joined the OPP in 1975 2016 Judges urban and rural detachments, security servi- after spending three years in ces, professional standards, and commercial the Canadian Armed Forces. Michael A. Sale crime duties. Moe served with distinction Panel Co-ordinator A lawyer and member of the Ontario and in a variety of senior positions British Columbia bars, he previously prac- with the OPP as well as during a secondment Michael Sale served with ticed law privately, including as a Crown in 1988 to the Royal Canadian Mounted Police the (Metropolitan) Toronto prosecutor and criminal defence counsel. He in Ottawa as Assistant Director of the Criminal Police for thirty years, retiring holds graduate degrees in law and political Intelligence Service Canada. as an Inspector after many science, including a doctorate in law from He served as CISC Director between years in public affairs and the University of London, and is the author 1990 and 1993 before returning to the OPP event management. of a legal text, Proceeds of Crime and Money as Commander of the Provincial Traffic and He is a graduate of the Laundering. Marine Safety Bureau. Pilon was promoted 169th Session of the FBI National Academy. He is a frequent lecturer in Canada to Deputy Commissioner in 1998 and retired Sale has worked as a manager of emer- and abroad and has served as a Canadian in 2006 as the Provincial Commander for gency planning for the Ontario Ministry of delegate to various international forums. Investigations and Organized Crime. Community Safety and Correctional Services Mr. German has taught at the University He has served as Chair of the OACP’s and as a justice studies program co-ordinator of the Fraser Valley and the University of Traffic and Torch Run Committees. In 2003, for Humber College. British Columbia. He is a Senior Fellow Deputy Commissioner Pilon received the He is currently a law enforcement edu- at the Centre for International Financial Order of Merit of the Police Forces (O.O.M.), cation co-ordinator with American Military Crime Studies at the Levin School of Law, which honours a career of exceptional merit, University and serves as the university’s University of Florida. contributions to policing, and community representative in Canada. He is the recipient of the RCMP Long development.

APRIL 2016 8 BLUE LINE MAGAZINE BLUE LINE MAGAZINE 9 APRIL 2016 by Maureen Musgrove Stannard identified the plan as an oppor- How do you build one document that tunity to change the way the WPS connects speaks for an entire organization? The Winni- with the community. His outlook is a win-win. peg Police Service (WPS) began by listening. “By making changes in how we serve the The theme “Crime prevention through community, we will make improvements in social development” has been central during not only our organization, but in the quality his tenure, Chief Devon Clunis states in his of life for all Winnipeggers.” message in the WPS 2016 Business Plan. Both He also pointed out that the document a prospect and a purpose, the theme carries lends to further development of support ser- across the goals contained in the plan. vices with themes of wellness, communica- When the opportunity to develop the plan tion, innovation and the integration of people arose in 2015 in conjunction with the Winnipeg and technology. Police Board’s 2015-2019 strategic plan, Clunis As D/Chief of Operations, Dave Thorne is began the rollout by introducing the concept to aware that the plan connects all members of the the senior officers group. He asked for substan- service and is relevant for the entire organiza- tial contribution at all ranks, sworn and civilian, tion. Making a shared vision a shared reality encouraging involvement from diverse perspec- requires ownership. Through his involvement resources of the service, Smyth believes the tives that would shape the document and better with several collaborative partnerships objectives set out by the plan address multiple align the goals and objectives. between police and the community, he has strategic goals and enhanced co-operation and The reach for input then became a task for observed the meaningfulness of engagement. co-ordination between units. the deputy chiefs. Their interpretation set the The commitment to community engage- As the many parts of the plan develop, the level of engagement and tone for members ment as fundamental, said Thorne. “Only over-arching goal of less crime and victimiza- in their chains of command. Commitment through genuine and meaningful engagement tion remains important for Smyth. He notes began at the executive level, with clear plans with communities are we able to listen to, that the shared ownership and awareness of the for each branch of the service to achieve its understand and deal with their needs.” multiple strategic goals has become a catalyst, goals by translating the business plan into a As the operational divisions of the WPS stating “the front-end work that supports crime plan of action. perform the frontline work, the actions estab- investigations is an integral part of the solu- D/Chief Art Stannard, who oversees sup- lished in the plan encompass the themes of tion that includes community engagement and port services, referred to the plan as a roadmap. partnership, engagement and shared learnings, crime prevention.” “We can’t stand still as an organization,” he which apply to all members. During the business plan development, said. “Our growth must be aligned through D/Chief Danny Smyth approaches the division commanders began to tap into the strategic objectives and executed by actions plan with a perspective from investigative knowledge and ideas of those directly involved. that we develop together.” services. By continuing to focus the energy and Not only did this include WPS members, the

APRIL 2016 10 BLUE LINE MAGAZINE professional development, information technology efforts and the principles of LEAN. While the current business plan is inten- tionally designed to guide the service for this year, each version of the plan will increasingly play a significant part to help the organization achieve virtually all of the goals and strategies outlined in the five-year strategic plan. The synergy from all divisions and mem- bers remains the cornerstone for success in this plan. As Clunis stated, “One service, one team, one plan.” content of the plan resulted from engagement The business plan will have impacts http://winnipeg.ca/police/stratplan/docs/2016_BP.pdf with and participation from the public and that are yet to be realized. Several key community partners. These collective efforts objectives include new and innovative op- Maureen Musgrove is a Research Analyst in the Or- contributed to the development of the goals and portunities supported across the service, ganizational Development and Support Division of the Winnipeg Police Service. She may be contacted by email objectives found within the document. including collective impact approach, at [email protected] Using the template of the four broad based pro-active policing efforts, wellness and goals in the WPS Strategic Plan, the business plan included the same goals: less crime and victimization, engaged communities, effective and efficient service and healthy organization. Inside the goals are 16 strategies that cross over multiple organizational areas of responsibility. Through executive guidance, the strategies became 20 meaningful objec- tives with associated actions. The plan details the resulting 52 actions, each supporting the strategies and all measureable. The structure of the plan commits a su- perintendent as the owner of each objective, along with a division commander as the action lead. These actions are the framework of per- formance metrics and are the focus of ongoing reporting to the Executive Management Team (EMT) through monthly Strategic Tracking and Reporting (STAR). It is through STAR that the business plan becomes a living document — and the execu- tive continues to listen. Through STAR, the plan’s sustainability is guaranteed. The action leads highlight ac- tivities and achievements from their assigned strategies and goals during the previous three months in their presentations to EMTs. Through the continuous accountability process, the executive are informed of and discuss specifics of each action, including de- tails of community impact, risks and barriers to progress, problem solving approaches and resource and financial requirements. Based on the outcomes of the STAR conversations, the service tracks progress and can tailor the approach for future achievement of targets.

BLUE LINE MAGAZINE 11 APRIL 2016 by Joel Johnston the incident but Yatim was shot several more of the key themes of this Report is the need times as he lay prone. One month later the for inter-disciplinary co-operation, learning A great hue and cry arose to completely TPS member was charged with second-degree and teaching, involving not only police and overhaul police training after Cst. James For- murder (and subsequently with attempted mur- mental health professionals, but also mental cillo’s second-degree murder trial. Something der) and was found guilty on the latter charge. health consumer-survivors.” is wrong! Police officers are running amuck! The Iacobucci Report refers to police han- Unfortunately, police do not have the The legal pundits began their all too predict- dling of “people in crisis.” Iacobucci defines opportunity to counsel people in crisis in a able rhetoric. this as “a member of the public whose behav- relatively calm state, the stable comfort of an Then — Toronto Police Service (TPS) iour brings them into contact with police either office or under sedation and possibly restraint Chief Bill Blair “commissioned” the Iaco- because of an apparent need for urgent care in a clinical setting. When these folks are so bucci report one month after the politically- within the mental health system, or because far down the road behaviourally that people charged shooting of Sammy Yatim. Entitled they are otherwise experiencing a mental or become alarmed or scared, they call for the Police Encounters with People in Crisis and emotional crisis involving behaviour that is police to “handle it.” released one year after the incident, it was a sufficiently erratic, threatening or dangerous “As I emphasize in the Report,” writes predictably reflexive political response to the that the police are called in order to protect the Iacobucci, “there will not be great improve- strong community backlash over the shooting, person or those around them. The term ‘person ments in police encounters with people in similar to the Braidwood Reports after the in crisis’ includes those who are mentally ill crisis without the participation of agencies 2008 Vancouver Airport Conducted Energy as well as people who would be described by and institutions of municipal, provincial and Weapon (CEW)-related death. police as ‘emotionally disturbed.’” federal governments because, simply put, they To put the Toronto incident into perspec- The report’s stated purpose is “to consider are part of the problem and need to be involved tive, Yatim, a full-sized young man, pulled his how, going forward, we as a society can pre- in the solution.” penis from his pants with one hand, brandished vent lethal outcomes.” It offers some platitudes The retired Supreme Court justice laments a 12cm switchblade with the other, and at- to the TPS but, by virtue of its mandate to that, “in many ways, I have found this reality tacked a female passenger on a streetcar. He recommend changes that may prevent deaths the most distressing societal aspect of my work then forced the terrified passengers to run or injuries during encounters with people in on the Review. The effective functioning of the screaming to the back of the car. crisis, focuses on everything the service hasn’t mental health system is essential as a means of According to media sources, evidence done or needs to do. There is mention of a preventing people from finding themselves in suppressed at trial indicated Yatim’s life was broken mental health care system whereby crisis in the first place. There is not much I can not going in the direction he had hoped. His police become the defacto frontline mental do through my recommendations to remedy alarming behaviour resulted in numerous 9-1-1 health care workers. the applicable problems in the mental health calls. Yatim was not co-operative, taunted po- In the report Iacobucci stated: “It is clear system, since I can recommend changes only lice and refused to surrender his knife. Police that police are part of the mental health sys- to the TPS. But the basic and glaring fact is ordered him not to step forward, intending to tem — they are the front line mental health that the TPS alone cannot provide a complete contain him to the streetcar and deploy a Taser workers for many of the most dangerous answer to lethal outcomes involving people to the scene. encounters. Preventing deaths includes pre- in crisis.” Yatim did step forward, was shot and fell venting the crises in the first place, as well as There it is — the proverbial nail-on-the- to the floor. This should have been the end of helping police to deal with crises better. One head. Police cannot (and should not have to)

APRIL 2016 12 BLUE LINE MAGAZINE provide a complete answer to lethal outcomes annually in the NFL — because of the nature code contacts with the public annually. Make involving people in crisis. The mental health of the game — large, strong men moving fast that three million if you include street checks, care system is so broken that the consequences while wearing equipment designed to with- traffic stops, suspicious circumstances, noisy have been flushed down to the only 24-hour stand hits. They play a game which explicitly parties, annoying drunks, and other citizen public servants left to clean up the mess – and creates deliberate collisions. These will con- contacts, that number balloons to some 15 if the outcome is less than desirable, they make tinue to occur despite improving helmet tech- million. for an easy scapegoat. nology, rule changes and evolved coaching. Vancouver police deal with more than There are about 165,000 injuries and 30,000 calls a year involving mentally ill “Police handled it wrong” 10,000 deaths in traffic accidents annually in subjects (it’s about 20,000 a year in Toronto). The following questions have actually Canada, despite improved road technology and One out of every five contacts made by police been publicly posed in deaths involving po- design, vehicle safety features and the diligent involve mental illness and/or substance abuse, lice and people in crisis: “Why did it take so enforcement of traffic laws. according to Statistics Canada; that’s about many cops to wrestle with one man?”; “Why Some 23,000 Canadians die from prevent- 500,000 calls a year. didn’t the cops Taser him and get him under able causes in acute care hospitals and more Canadian police fatally shot 14 people control sooner?” than 70,000 suffer preventable serious injuries in 2014 and rarely fire their weapons at the Alternatively, when a Taser was used: at the hands of the medical profession. The mentally ill and/or substance abusers whom “Why did the cops Taser him, why didn’t they only way to achieve these kinds of “goals” they interact with. That’s about .00000093 per wrestle him under control? There were four would be to stop playing football, driving cent of the citizens whom they contact annu- or five of them at the scene!” And of course, vehicles and delivering medical services. ally — so how deficient can their training be? “Why did the cops shoot him, why didn’t they Police officers swear an oath to uphold Both teams in this year’s Super Bowl Taser him?” the laws as written and are obligated to do a were stacked with highly-paid, trained and These types of questions are not anoma- job which involves some two million criminal motivated athletes. They turned the ball over lies, they are publicly flaunted in virtually every circumstance where the outcome was less than desirable. Certainly questions must be asked — and indeed will be when a citizen is seriously injured or killed in an encounter with police. Investigative processes are multi-tiered and rigorous but the relentless media and public criticism of police actions in every instance has become a tiresome and demoralizing narrative. It is not helpful to the cause of improving po- lice response and serves only to deflect from the root causes of people being “in crisis” in the first place. I strongly advocate constantly re-visiting training and technology, staying abreast of developing trends and employing proven emerging strategies, tactics and techniques but the Iacobucci Report makes a misstep in its stated goal of “zero harm and zero deaths.” This is not possible, misleads the public and places police in a losing position from the outset. It’s akin to setting a zero concussions goal in the NFL, a zero accidents goal for all motorists or zero harm or deaths goal for doc- tors. Goals like these lack meaning. Iacobucci’s goal has already fallen by the wayside, I’m sure – quite possibly on the day it was written. It would be better and more productive to focus on achievable benchmarks and tangible, potential goals. Canadian police have a long-standing objective of “endeavour- ing to resolve 100 per cent of all encounters with the public at the level of professional officer presence and communication.” There are approximately 200 concussions

BLUE LINE MAGAZINE 13 APRIL 2016 six times (two interceptions and four fum- way capable, of communicating and not en- than no less-lethal. Vancouver police officers, bles), accumulated 18 penalties — several dangering anyone for there to be any possible like many others, were apprehensive about egregious — and achieved a sub-14 per cent chance of a peaceful resolution. To highlight carrying Tasers after the fallout from the in- 3rd-down conversion rate in one hour of play! the saliency of these issues, here’s a couple famous Vancouver Airport incident. It would Most players make more in a single season of incidents that I dealt with over the years: have been a better less-lethal option under the than police officers in their entire career. All A woman with a knife was behaving in a circumstances. Nevertheless, we were able to receive significantly more training, more bizarre and alarming manner in the hallway locate the woman’s boyfriend and obtain her often, yet they make mistakes and face cir- of her East Vancouver apartment building name and a bit of a back-story. cumstances where they cannot overcome an in 2001. I and three other members of the Having contained the suite, I began talk- opponent’s resistance. emergency response team and a specially- ing — but most importantly, she began talking Canadian police officers are trained by trained crisis intervention, de-escalation to me. My communication tactics training was some of the brightest and best people in the trained officer responded. An ambulance valuable. I talked calmly to her, offering to profession. Dynamic simulation (decision- was on standby. listen and help. We spoke for 10 or 15 minutes making & performance based) training, tacti- We contained the woman to her suite, and she agreed to surrender her weapon and cal communication programs and less lethal cleared the hallways and safeguarded the other leave her room. I was literally able to put my response options — including expandable residents. Clad in a bathrobe, the woman had arm around her as we walked down to a wait- batons, pepper spray and the ARWEN rifle — an animated, determined, yet vacant look. She ing ambulance. were all introduced in the early 1990s. screamed an unintelligible monologue when The lessons from these two incidents, CEWs and bean-bag shotguns were also appearing in the hallway. Our crisis-trained which are mirrored across Canada hourly, are implemented. These are not “alternatives to officer tried in vain to establish contact, reduce important: lethal force” — they were intended to be used anxiety, offer help and create rapport. 1. It’s very difficult, if not impossible, to de- before the imminent need to stop a lethal threat The woman would emerge in a rage and escalate a situation if a subject is unwilling presented itself. vigorously stab the walls, causing an explosion and/or incapable of communicating. If Mental health nurses have teamed up with of dust and huge chunks of plaster, then run the person is contained and no one is in trained police officers in some Canadian cities. back to her suite and slam the door. Similar imminent danger, communication can be Extensive crisis intervention and de-escalation sounds emerged from inside. This went on for attempted for as long as necessary – and programs have been introduced, and officers well over an hour. All efforts at communica- usually is. The weapon the subject possesses are now trained on mental illness and sub- tion failed. The neighbour across the hall was becomes an important consideration in all stance abuse. Police training in Canada is not locked down, others were evacuated or locked cases as it will directly affect the mode of static and hasn’t been for years. It continues in their suites. communication that may be employed. to evolve when new technology, research and Ultimately, the woman emerged clutching 2. If subjects are endangering the lives or emerging trends become evident. a silver crucifix and holding a steak knife. She safety of anyone, force becomes unavoid- Police officers operate amidst a constant made eye contact and ran screaming directly able. If they’re engaging in imminent deadly struggle for training time and resources and a toward us with a goal-oriented look and the force behaviour and less-lethal alternatives broken mental health care system. They deal knife raised over her head. She appeared are not available, options are few and they daily with crime, confrontations, violence, suicidal. At this point loud, repetitive verbal will likely be shot. misery, grief, rage, mental illness, substance commands were issued to “stop” and “drop the 3. If a subject is willing to talk and no one is abuse — hardly human beings at their best knife.” She didn’t even seem to hear them and in imminent danger, de-escalation becomes — but use physical force only about 0.06 per was hit with an ARWEN round and TASER, possible — and is frequently achieved. cent of the time. then taken into custody. Force is avoidable. To be clear, Canadian police officers suc- The ambulance crew immediately moved In the first incident, the woman did not cessfully resolve encounters about 99.94 per in to render first aid. She was hospitalized for immediately attack anyone. She needed to be cent of the time. This rate would be difficult to treatment and later released. contained and her neighbours safeguarded. match in any industry or profession. A distraught, suicidal female with an edged Communication efforts were skilled, con- Some folks are possessed of the erroneous weapon barricaded herself in a Downtown certed and persistent – but ultimately failed. notion that police can employ a special set of Eastside rooming house in 2013. As usual, there She was either unwilling or incapable of magic words, expressions and/or behaviours was a heavy call-load that day. Three officers communicating. to eliminate the need to use deadly force, re- attended. One watched the second floor. We were fortunate to have a variety of gardless of circumstances. People also seem to One officer was a trained less-lethal op- less-lethal options when she emerged. Had forget that the central wildcard in the equation erator and arrived with a “beanbag” shotgun. there been only a lone police officer, or two is the person officers are dealing with. This was good — not ideal for a 10’ x 10’ without less-lethal or sufficient time to react The person must be willing, and in some room and very narrow hallways — but better to her deadly force behaviour, she very likely

APRIL 2016 14 BLUE LINE MAGAZINE would have been shot. from human resources issues to incidents charged and often sued. In the second incident, we were fortunate involving force. People making loud assertions about because our subject was willing and prob- Commissions independently investigate the state of policing and training should not ably wanted to talk. My verbal tactics were complaints against police. Yes, police are confuse Canada with what may be occurring no more skilled than the officer in the first given a tremendous responsibility, and some in other jurisdictions, and best be careful they incident but the subject was receptive. The would say power, but the profession is subject don’t cause “the baby to be thrown out with situations were remarkably similar but force to scrutiny in a manner unparalleled in society. the bathwater.” was avoided because our subject created that The broad-sweeping statement that “it’s opportunity. time that police training in Canada changes” is Joel Johnston is a retired 28-year veteran of the Van- The Canadian policing profession puts preposterous, tantamount to political or profes- couver Police Department who served in many positions, including walking the city’s notorious “Skid Row,” Control the NFL and other industries to shame from sional grandstanding, or borne of ignorance. Tactics Co-ordinator, ERT Squad Leader and Training Co- a performance perspective. When police do It is astonishing that police use force so infre- ordinator, and Provincial Use of Force & ERT Co-ordinator. use force — particularly when someone is quently given the circumstances under which He has contributed to Blue Line since 1994 and is the seriously injured or dies — there are numerous they operate. Officers are held to account when principle of Joel Johnston Consulting Inc., a training and use of force consulting firm in North America. Contact: layers of oversight. Proactive early-warning they do step out of line, as they should be. They www.joeljohnston.com systems in most agencies deal with everything are professionally sanctioned, fired, criminally

BLUE LINE MAGAZINE 15 APRIL 2016 by Keith Copeland mirror the fact that our society is in the midst fallout, so the stakes are very high. The highly “The thin blue line has become a thin of a historical cultural shift. Generations have technical, cross border investigations conducted bruised line... greyed, frayed and stretched to spent their formative years in the digital world. in these matters simply cannot be replicated in the breaking point,” said author Doug Clark, The reactive response model hasn’t caught the law enforcement world. laying bare the roots of the crisis unfolding in up with the shift that other businesses had to Neil Sutton, editor of Canadian Security Canadian policing. make and law enforcement is handcuffed by magazine, said he’s seen a shift in his industry Clark, author of Thin Bruised Line (2010 laws which traditionally lag behind societal the past few years with an increasing align- Key Porter Books), said the message in his changes. ment of IT and physical security. Sutton says book failed to generate the interest or change Cybercrimes are no less of a crime than that there are a great many new opportunities that he had hoped for. any other offence but they exist in a world opening up within the realm of private security Michael Kempa’s discussion paper far removed from traditional investigative beyond the guns, gates and guards. Change and Innovation in Canadian Polic- techniques. Policing the virtual world will That’s not to say that private security ing written for the Canadian Police College require a whole new playbook which has yet is declining. Many companies advertise for in 2014, shows how economics will drive to be written. There is a brand new world of people to fill front line positions because of change in the coming years. As technology organized crime that has no homicidal intent, exponential increases in business opportuni- advances, crime control techniques evolve turf to protect or threat from police investiga- ties, not just normal turn over. Many are now to meet the challenges of today’s knowledge tion. Fraud has been taken to exquisite new stepping into non-core policing roles as budget based, service oriented world economy, which levels as these cyber trawlers net billions of cuts force police agencies to seek alternatives knows no geographical or judicial boundaries. dollars each year in illegal transactions. Po- to unsustainable practices. The challenges are overwhelming the lice simply don’t have the skills or resources In researching this article, I sent a brief current model of policing and Kempa’s paper to keep up. survey to private security companies asking questions how we can adapt. He argues that All of the banks and tech companies have about their relationship with law enforcement, we need a new Sir Robert Peel, the oft quoted their own in-house security. Many small and guard training and the importance of certain father of modern policing. large businesses contract cyber security issues skillsets. The survey lead to some interesting Clark and Kempa take a long hard look at to private agencies. The threats made to these discussions with key industry players. how Canadian policing arrived at its current clients are global in nature, not just in their Many private security managers/own- state and chart a path forward. Their writings widespread origins but also their economic ers have a law enforcement background,

APRIL 2016 16 BLUE LINE MAGAZINE providing them peer based network access statements that layoffs are a legitimate cost quagmire. Couple that with the political purges they would not otherwise have. One manager cutting measure which the TPS could manage brought about by elections and it’s easier to told me that in his metropolitan area, various as it struggles to do more with less. understand how law enforcement still lurches security companies meet regularly with law Despite having received accolades for along on wheels provided by Sir Robert. enforcement to compare notes about criminal some of his innovative strategies, Sloly was Peel’s wheels have served us well but we and other activity occurring in private/public vilified for having the temerity to state pub- need a new ride and it will be interactive, not spaces like malls and housing developments. licly that there is room for cuts. His comments autonomous. Bold strokes are required from These meetings are the conduit where about blowing up the current policing model all directions to confront the seismic cultural critical intel is fanned out to law enforcement. weren’t well received from any quarter, at changes now underway. This ad hoc committee was created to address least publicly, but are fully grounded in the a critical need, he said, and works well but European experience, which has arisen from would never be officially sanctioned because deep cuts. Keith Copeland is a former Saint John police officer and there are too many regulatory hurdles prohibit- All three levels of government bear some currently a law enforcement instructor with Trios College. ing such sharing, regardless of its value. responsibility or authority for policing, mak- Contact: [email protected] This is a perfect illustration of the many ing the prospect of consensus on change a real challenges involved in handing off non-core policing roles to private security that Kempa advocates in the clear unvarnished language of his paper. One cannot disagree that shedding some tasks will result in efficiencies and sav- ings, but are all the checks and balances that we require of police currently doing those jobs present in the private security world? The Nova Scotia government undertook in 2010 to revamp the act regulating private in- vestigators and security guards. Roger Miller, now President of Northeastern Protection (Dartmouth, NS), participated in the review and says that there was a huge disconnect between government regulators and private security. Miller said his industry campaigned for legislated training and increased standards and screening for security personnel but the advice was ignored. “None of what we proposed was ever ac- cepted in the legislation,” he says. “Here you have government, who regulates the industry, not listening to industry.” The Canadian General Standards Board has a standard for security guard training (133.1) but no authority to impose it. Only a few provinces have standards for private security guards and they are all different. Miller is frustrated that nothing ever came from Nova Scotia’s Bill 22, which he saw as an opportunity to bridge a gap between public policing and private security. The changes Miller’s industry campaigned for would have led to greater acceptance and confidence in the abilities of private security to take on non-core policing roles, as it is doing more and more frequently. Many thousands of police officers are being laid off in Britain, adding to the 17,000 already carved from the ranks in the past five years. The economic factors leading to these massive cuts also confront us here but rais- ing the issue with Canadian police results in a collective shrug instead of any concerted effort at reform. Former Toronto Police D/Chief Peter Sloly found out who his friends were when he spoke candidly about his fear for the future of policing. “I’ve never seen policing at this low a point in terms of public trust and legitimacy,” he said. “I feel there’s a crisis in the offing, not just here but right across North America.” Sloly poured fuel on the fire with his

BLUE LINE MAGAZINE 17 APRIL 2016 by Al Arsenault step in making a physical arrest. Officers who a person. How this delicate dance is done unwittingly give up a controlling hand by bran- depends on the actions and skills of your ar- Some of the techniques in police Judo have dishing the handcuffs before making physical restee and your own physical traits, skills and been altered to give the officer maximal advan- contact make the process much more difficult. street experience. tage while enhancing the safety of the suspect They hope the cuffs will somehow find their All we can do as trainers is to strip martial being apprehended. Some techniques are great way to the suspects’ wrists, and that the mere arts styles, such as Judo, of their sport-driven, for sport use but horribly useless and even placement of a handcuff on one wrist will take less-effective, non-street-worthy techniques dangerous for the realities faced on the street. away their fight. It seldom works this way. and blend them together with solid arrest and Police officers are duty-bound to follow After the altercation is over, the handcuffs control tactics for full effect. It is important a moral code of conduct — criminals are not. are usually not where they should be for easy to have a functionally effective box of tools. Our Canadian Criminal Code offers guidelines access –— on the belt — but rather inadvert- The goal of the arrest process should be on reasonable use of force. It must be articu- ently cast aside when both hands were needed to take control over non-compliant arrestees lated as being both reasonable in the totality to take control over the violently struggling in an ethical manner to safely handcuff them. of the circumstances at hand and proportionate (if not attacking) arrestee. It is very difficult Many police tactics books show some in its application. to close the gap and own someone with only neat-looking arrest techniques but simply The courts take note of the relative inter- a single hand. gloss over the part where the suspect has to personal and environmental factors between Unlike drawing in preparation for an an- be handcuffed. This is because the transition officer and offender. Simply put, police of- ticipated shooting some officers erroneously to cuffing is awkward, inefficient or just plain ficers have a duty to care, even for those who conclude they are actually one step ahead if difficult (and even unsafe) to attempt. Police are trying to hurt them. Their assailants are not they pull out their handcuffs prior to taking Judo meets this challenge by dealing with the bound by any ethical or moral constraints in ownership of a violent party. In reality, they ‘most likely’ of street arrest scenarios while trying to harm an officer or the public. have only handicapped themselves. leading officers directly into safe handcuffing Predators are mainly accountable, if ap- It is not enough to use Police Judo just to practices. The training is very practical and prehended, to the criminal courts for their defend yourself. Violent people must still be directly relevant to policing. actions; it is the job of police to capture them taken into custody using a reasonable amount of Few practicing Judo players will ever in a humane way, without being punitive, and force after an assault has been initiated, thwarted make the Olympic team; fewer still will be see that they face the requisite justice. or repelled. Nor do the rules of sport apply, as the in a high-violence vocation which requires A primary goal of Police Judo is to strive crook doesn’t have to follow any rules. them to refine their techniques on the street, for immediate, continuous and effective Still, the officer must adhere to a code and only a handful of these martial artists will control over an arrestee. This process is com- of conduct on the criminal, civil and agency ever join a police department. Police Judo has monly referred to as ‘taking ownership’ over levels of accountability. Even the media made those refinements for police. It is ripe for a person — to handcuff a resistive person, for holds some sway, as many officers have been further development and wide dissemination. example, you first must ‘own’ them. This is unfairly vilified in the press by anyone with a We can change the police training culture easier said than done. mouth big enough to capture the attention of or climate by focusing on younger people who It has been said that an officer cannot sensation-seeking media during the predict- want to, or recently have, entered law enforce- handcuff someone who refuses to be shack- able, but often necessary, pre-trial period of ment. Judo as a base martial art provides a led — but suspects who fight the handcuffing ‘no comment’ silence. strong foundation for the more complex ar- process are not set free, of course. Multiple rest and control skills that will be layered in officers can work together to achieve this Handcuffing and practiced recreationally as a safe training difficult task. There is no perfect martial art for policing program with little to no risk of injury. Owning a person is the initial but critical and no one good way of taking custody over The throws and trips that we practice

APRIL 2016 18 BLUE LINE MAGAZINE balance and possibly push them to the ground essentially police-precipitated violence — the (or even disengage) but it is a relatively inef- parent causes of many unnecessary and exces- fective, riskier and more inefficient means to sive use-of-force complaints. Certainly the lay hands on someone. loss of control over a suspect will lengthen a The best place to grab, if you have only physical altercation; the longer it takes to own one hand free and want to have a good chance someone, the greater the chance of an injury of avoiding an assault, is the sleeve just above occurring on both sides of the fence. the back of the elbow. You may actually grab Arrestees will more readily listen to your the arm at this same place with one or both commands to co-operate, not with their ears, but hands (especially if the suspect is shirtless). rather through the application of a pain-inducing You may also grab using the well-known joint lock or pressure point. Indeed, for those side-by-side escort grip, using your near- capable of feeling, the strategic and controlled are not to acquire tournament points or to be hand at the elbow and other hand at the wrist. application of pain is universally understood. used for punitive purposes. Rather, they are Whatever the perp does to attack you, you executed to put resistive or combative ar- ‘punch’ (strongly push) their elbow in the restees into the prone handcuffing position or direction against their launching attack to Coming up in next issues: otherwise control them by placing them into nullify its power. the standing compliant handcuffing position. Sweeping suspects off their feet, taking PART THREE — Where Realism Meets the Road Punching and kicking too are part of the Police them down, launching your own striking at- • Accountability • Street Smarts Judo arsenal. Other techniques are used to tack, placing them in an arm lock or disengag- • Realism vs Idealism • No Ref, No Rules initially capture disorderly parties and escort ing are all available options while you occupy PART FOUR — Training For Effect the pugilistic ‘blind spot’ (beside and slightly them to a safe environment for handcuffing. • Going to the Ground behind the front plane of the body). • Keeping it Savagely Simple Holding vs Controlling Continuous control is stressed because • The Adrenaline Rush There is an important distinction between perps will sense a lapse of control, even if it’s ‘holding’ and ‘controlling’ a person. Holding momentarily, realize they’re about to lose their is just that — grabbing without any regards liberty and act in their own best interests. Once Al Arsenault is a former Vancouver police officer and to immobilizing them, as with a painful joint the pain train has begun, it must be maintained a co-founded Odd Squad Productions. He currently lock. It does not effectively reduce escapes or through a seamless series of techniques ap- specializes in teaching police combatives through his attacks on you or others nearby. plied as to give a perp no opportunity to gain co-founding of Police Judo in 2010, is writing a book on Police Judo and teaching the essentials of this new In the most basic untrained police sense, the upper hand. Easing up on joint pressure martial art to police across North America. ‘making a collar’ (grabbing offenders by the could give them room to escape or attack you, scruff of the neck) is merely attempting to leading to more violence on both sides of the Al Arsenault will be leading a session during the Blue keep them from running away. If they choose arrest process. Line Conference in April. Visit www.blueline.ca for more details or to register. to punch or kick you, you could affect their Poor techniques and tactics lead to what is

BLUE LINE MAGAZINE 19 APRIL 2016 DATA DRIVEN POLICING Rethinking the organization of intelligence

by Apollo Kowalyk insight is hindered by the very systems that early in the investigation. This disparity still exists store the data we need to solve crimes. and has enormous implications for investigative A paradox is defined as a situation, person, “Bolt-on” solutions have been incorpo- practices today. or thing that combines contradictory features rated with little success. Hotspot maps are This can be explained by an unsolved or qualities. Unfortunately, it also describes generated to show trends and patterns, but problem in computer science, commonly re- how records management systems work at this postdictive approach-based on the post- ferred to as the P=NP problem. It asks whether cross purposes with the information needs of mortem analysis of criminal activity is of a difficult problem, whose solution is easily police investigations. limited use to frontline police officers. verified, could have been easily solved. For ex- The architecture of conventional database The notion of predictive analytics has ample, confirming a password is much easier systems is rooted in the industrial thinking of generated some attention in recent years, but than trying to figure it out in the first place. the World War II era. O.W. Wilson, an early is mere conjecture at this point. It is almost This speaks to the importance of having voice of police reform, reflected this frame of impossible to predict where criminal activity a named suspect at the start of an investiga- mind when he wrote the book on police records will occur in the near future, except perhaps tion; relevant information flows forth from classification in 1942. 1The influence of his at an aggregate level, such as the anticipation various databases once you know where to prescriptive methods is still evident today, of an increase in assaults at an entertainment look. However, without a named suspect, that manifesting itself in the ‘’tyranny of the case district during Friday and Saturday nights. same information remains hidden from view file,” which U.S. Senator Richard Shelby iden- Criminal activity might average out over because the investigator might not know where tified in a 2002 Senate Committee Report on time; however, science does not work in terms to look for it- or that it even exists. the need for post — 9/11 intelligence reform.2 of averages. Just like you can drown in a lake The P=NP problem has real-world ap- that averages three feet deep, crime statistics plications; for example, school shootings and Case File Mentality can be misleading. But the problem is deeper terrorist attacks often occur without warning, This “case file mentality” characterizes than this. Clearance rates are driven by arrests with the attacker’s identity and motive becom- the way in which law enforcement agencies made by patrol officers who catch the perpetra- ing clear to investigators only in hindsight. gather and organize information according to tor at the scene or identify a suspect through Identifying a suspect prior to a spree killing a sequential case number and store it in file information provided by the victim or witness. or terrorist attack allows police to intervene folders, electronic or otherwise, where the This is not a new phenomenon. The star- and prevent a potentially catastrophic incident. information quietly waits for somebody to tling difference in clearance rates, in a com- This type of investigative success, howev- find it through a precise search. Centralized parison of investigations involving named and er, is often dependent on luck in the absence of record keeping was intended to provide greater unnamed suspects, was recognized in a 1966 sophisticated intelligence-gathering practices. control over police operations, but criminal study within the Los Angeles Police Depart- It requires a level of investment far beyond intelligence was never part of the equation. ment, which lay buried in the voluminous 1967 what the vast majority of police agencies can This is why law enforcement agencies publication, The Challenge of Crime in a Free afford. Therefore, the best solution is one in continue to struggle with an intelligence Society.3 Clearance rates were approximately which the records management system itself paradox — the ability to generate investigative seven times higher when a suspect was identified does this work... but how?

APRIL 2016 20 BLUE LINE MAGAZINE The Intelligence Paradox Most analytical insight occurs in unex- pected ways, often when people least expect it, but we can’t rely on serendipity and hap- penstance to solve crime. Although records management systems are good at storing data, they are poor at matching related data points to generate leads. Automated, intuitive algorithms are required for a task of this magnitude, increasingly important to mission and enterprise needs in a post — 9/11 world. IBM’s Jeff Jonas refers to this as a pro- cess of “sense making; in which data talks to data’’ within a Context Computing model.4 Once entered into the system, each new da- tum automatically introduces itself to other data points and decides whether a connection exists, perhaps resulting in the unexpected discovery of certain relationships or patterns that raise a red flag. The ability to discover leads that can solve crimes or protect an officer’s life through enhanced situational awareness will one day become the gold standard for analytical algorithm design, measured by the ability to increase clearance rates by making use of information we didn’t even know we had. Only then will we overcome the intel- ligence paradox.

NOTES 1- O.W. Wilson, Police Records: Their Installation and Use (Chicago, IL: Public Administration Service, 1942). 2 - September 11 and the Imperative of Reform in the U.S. Intelligence Community, Additional Views of Senator Richard C. Shelby, Vice Chairman, Senate Select Committee on Intel- ligence, December 10, 2002, http:// fas.org/ irp/ congress/ 2002_rpt/shelby.pdf (accessed July 24, 2015). 3 - Herbet H. Isaacs, “A Study of Communications, Crimes, and Arrests in a Metropolitan Police Department,” Task Force Report: Science and Technology: A Report to the President’s Commission on Law Enforcement and Ad- ministration of justice (Washington, D.C.: U.S. Government Printing Office, 1967, https://www. ncjrs.gov/pdffilesl / Digitization/ 174NCJRS.pdf (accessed July 24, 2015). 4 - Jeff Jonas, “G2 Is 4,” Jeff Jonas (blog), Janu- ary 29, 2015, http://jeffjonas.typepad .com/ jeff_jonas (accessed July 23, 2015).

Staff Sergeant Apollo Kowalyk is a serving police officer in the Edmonton Police Service with over 22 years of experience, having been assigned to various operational and administrative areas during that time. Apollo completed a Bachelor’s Degree in Psychology (1994) and a Master’s Degree in Sociology (University of Alberta, 2000), earning him the recognition of Chief’s Award for Educational Achievement within the Edmonton Police Service. Apollo was a Research Fellow with the Police Executive Research Forum in Washington, DC in 2006. He later served with the Government of Alberta, working in the Solicitor General’s Office as Research Unit manager. He may be reached by apollo.kowalyk@ edmontonpolice.ca.

BLUE LINE MAGAZINE 21 APRIL 2016 by Gord MacKinnon carefully to what comes next because it is often to fill up that silence. This is where patience, truthful. After deciding, the subject may start training and the ability to read your subject One of the areas we emphasize in our talking again in a rush and the information, become very important. (NAI) course is the importance of silence. once started, will be hard to stop. A concern that has been raised in the past Even with the advent of social media, we The second most common reason that is that if you allow the psychological pressure still live in a “conversational society” where a subject goes silent is that they are decid- brought on by a period of silence to build, it much of our socializing revolves around ing how to tell us something. This usually may lead to a break in rapport. On the contrary, talking in order to connect and interact with involves them structuring a sentence of care- by rushing in to start up the conversation, you each other. fully selected words in their head and then as the interviewer are in danger of seeming If you’ve ever been in a room with a gath- attempting to present the end product as ful- confrontational and impatient rather than ering of people, say an office party or meeting, some and truthful. The scripted nature of this impartial and patient. you will have experienced the general “buzz” conversation will be obvious if you look for it It is important to allow the subject that of conversation around you along with your and realize what has just happened. The infor- silence and give them the opportunity to own conversation. If you think back you can mation that you get under these circumstances decide what to say next. This is all part of the probably recall a time when all conversation is usually full of half-truths and justifications, rapport-building process that is so important in stopped by coincidence in such a setting. rather than the fulsome account that we spoke any interview, whether it be a witness, suspect The silence that follows quickly becomes about above. or an accused. uncomfortable and is usually broken by laugh- Regardless of what comes after a period of Think of this example of an interview with ter and a burst of conversation that quickly silence, the point is that it is likely to be very a suspected child abuser: fills the silence. It is rare, to be sure, but has important. This is all the more reason why SUBJECT: “She has always been melo- probably happened to us all at some time. you should avoid re-starting the conversation dramatic and tends to get hysterical. She was The point is, silence makes us uncomfort- if possible. starting to get louder and more upset and able when we expect there to be conversation. Keep in mind that you do not necessarily ……………. (long pause)” We all have a tendency to “fill up” that silence know why the person went silent and, more INTERVIEWER: “You shook her?” by immediately returning to conversation. importantly, you do not know what they might Think of how much better this interview In an interview setting, silence can be a say next. Think of it as a fork in the road; the could have been handled using some of the powerful tool. So much so that, when your subject can decide to become truthful or can information mentioned above. Think also of witness or subject all of a sudden goes silent go down the road of deceit. The lapse into how much better the evidence would have during an interview, generally speaking you silence is simply a pause while they decide been in court if the interview subject had been should not be the one to re-start the conversa- which road to travel. allowed to complete their thought. tion. Let the witness do it. There are several At times, the silence comes at a point when Sadly, this is an example of how real life good reasons for this. you and your subject know what is going to interviews are being conducted to this day. First and foremost, we like to point out that be said, or at least you think you might. The Too often, interviewers let their subject off the in human behaviour, everything happens for subject is the only person who really knows hook due to their own lack of comfort with a a reason. Think of the last thing that you did what’s coming. The absolute worst thing you period of silence. As the band Depeche Mode for no reason. Having trouble? We posed that can do at this point is bail them out by saying sang in “Enjoy the Silence:” simple question to interview classes for years what you think they were going to say. They and have never received a positive response. will likely just agree with you, which can be Words are very unnecessary The reality is, the faster we accept the fact that problematic when you are trying to get a state- They can only do harm everything happens for a reason, the easier it is ment entered as evidence in court. Enjoy the silence to understand how to use the power of silence The last thing you want is for a defense in our interviews. lawyer to point out that their client agreed with We will look at building rapport and using When an interview subject suddenly goes what you said and didn’t offer any information. silence at the Blue Line Conference. Hope to silent, the first thing we have to ascertain is This is especially problematic when it comes see you there. why. The most common reason is that they to interviewing children. are trying to decide whether to tell us some- When an interview room goes quiet, the thing. Quite often, this is a turning point in the silence hangs there between you and the sub- Gord MacKinnon will be leading a session on Day 1 of the Blue Line Conference. Visit www.blueline.ca for more conversation and the thing they are consider- ject and quickly becomes very uncomfortable. details or to register. ing telling us is extremely important. Listen There is psychological pressure on both of you

APRIL 2016 22 BLUE LINE MAGAZINE Winnipeg Police searching for new Chief the police chaplain and in other administra- Check out the full list below. tive roles before officially becoming chief in November 2012. Police chief salaries George Van Mackelbergh, vice president across Canada (2014) of the Winnipeg Police Association, called • Vancouver - $331,077 Clunis’ retirement “a shame.” • Calgary - $275,000 to $325,000 “... here you have a chief very committed • Regina - $253,275 to the community,” Van Mackelbergh said. • Hamilton, ON - $228,518 In a quote from the Winnipeg Free Press • Abbotsford, BC - $218,695 Clunis said; “My purpose has been fulfilled,... • Barrie, ON - $213,154 It is time for me to pursue new goals with the • Toronto - $204,922 continuing purpose of impacting people in • Ottawa - $198,530 WINNIPEG - The city is on the hunt for very positive ways.” • Niagara, ON- $195,989 a new police chief after Devon Clunis an- Clunis has been acclaimed for drawing • Saskatoon (2013) $198,735, $194 666 nounced his retirement on March 10th. attention to the socio-economic issues facing • Thunder Bay, ON - $190,987 Clunis said the retirement had “nothing to Winnipeg and acknowledging policing alone • Peterborough, ON - $171,200 do with” the potential cuts heading to the Win- can’t reduce crime. • Brandon, MB - $161,133 nipeg Police Service, but because he accom- Global News compiled a list of police • Winnipeg - $160,272 plished his goals after 29 years with the police chief salaries across Canada in 2014 (note not • Windsor, ON - $160,000 service and more than three years as chief. every major city made the list). Out of all the Although Winnipeg ranks one of the low- The Winnipeg Police Service’s budget has cities, Winnipeg’s police chief ranks one of est in police chief salaries, Manitoba continues a shortfall of $2.45 million dollars and there’s the lowest in the country, sitting at $160,272. to have the highest rate in officers among the a chance some officer positions could be cut The police chief in Brandon makes more country, according to Statistics Canada. in order to save some money. than Winnipeg’s by a slight margin. Thunder During his 29-year career with the police Bay’s chief (which has a much smaller popula- (Global News) (Winnipeg Free Press) (Blue Line News Week) service, Clunis worked as a patrol officer, in tion) is paid nearly $190,000. the traffic division, as a plainclothes investiga- Meanwhile. Vancouver, Calgary and tor, in community relations, the duty office, as Regina have some of the highest salaries. To subscribe to Blue Line News Week go to www.blueline.ca.

BLUE LINE MAGAZINE 23 APRIL 2016 by Chris Lewis know the statistical impact the program had interact with drivers stopped for all traffic vio- during its short duration. I do know that it at lations, including speeding. Photo radar cannot The NDP government of the day intro- least slowed people down – not all but many. accomplish that. It only focuses on speeding. duced photo radar to Ontario in August 1994. A number of Ontario municipalities have, There is no personal interaction whatsoever The transportation ministry released an interim so far unsuccessfully, pushed the various with offenders. Police officers enforce all report the following January showing that Liberal governments for permission to run traffic laws if they see an infraction, including the program had reduced speed on provincial photo radar locally. The province did allow many non-speeding violations. highways and made almost four times the ‘red light cameras.’ There may be fewer officers doing traffic revenue it cost to administer. Most recently, Toronto Mayor John Tory enforcement in larger municipalities if photo Photo radar was controversial, to say the asked Premier Kathleen Wynne to allow photo radar returns, but there has to be some. The least. The many naysayers viewed the method- radar in his city, publicly citing his desire to fact is that fewer than 10 officers are working ology – the license plate of a speeding vehicle “use technology in place of uniform police at any given time in most Ontario municipali- is photographed and the owner (who wasn’t officers. This will allow for more efficient ties; in many, there are less than five. These necessarily driving) is sent a ticket – as nothing deployment of expensive, highly trained agencies can’t cut one or two officers out of a more than a government “cash-grab.” police officers.” platoon simply because photo radar has made The reality is that traffic offence revenue, There was no immediate commitment a triumphant return. As well, employees are including fines from highway tickets, goes to from the premier but she certainly didn’t needed to run the equipment and administer the municipality which hosts the court of ju- dismiss the idea either. the associated processes. risdiction. A small portion goes to the Ministry I support photo radar. My few concerns Lastly, traffic enforcement, including of the Attorney General to cover prosecution are unchanged from those I had during its photo radar, needs to be about saving lives by and administration costs. initial roll-out. changing driver behaviour and/or removing Regardless, then newly elected Mike Firstly, although there are other offences the habitual offenders from the roads by sus- Harris Progressive Conservative government within Ontario’s Highway Traffic Act that al- pending their driving privileges. The ultimate made good on a campaign promise and can- low for the vehicle owner rather than the actual goal is police never having to issue a traffic celled the program just 11 months after it was driver to be charged, it still bugs me. ticket because everyone is obeying the laws implemented. Secondly, and more concerning, is the and people are not getting maimed and killed For those of us who regularly drove On- notion that photo radar somehow “replaces” in vehicle collisions. That wouldn’t bolster tario’s Highway 401, the slowing of traffic police officers as opposed to “supplement- municipal government revenue streams but along the London to Kingston corridor was ing” what they do to enforce laws and reduce it would save a pile of lives and reduce the quite palpable. I am told of similar impacts traffic collisions. Police agencies still need number of grieving families. in other locations. Radio stations broadcast uniformed visibility at the right place and time Photo radar is a valuable tool but should listener reports of photo radar van locations. to sufficiently impact driver behaviour, based not be all about revenue generation. If it is, Stories emerged of single drivers receiving on statistical analysis. then those who allege it is only a cash-grab multiple tickets for high speed infractions A photo radar device on a pole or in an will be proven correct. that occurred the same day. The topic was on unmarked van placed in a problematic area everyone’s lips and undoubtedly on the “radar” might slow down anyone who is mailed a of most drivers, so to speak. ticket after an infraction, but a marked car will Chris Lewis served as Commissioner of the Ontario Pro- There’s no way to predict how profound cause immediate slowdowns. vincial Police from 2010 until his retirement in 2014 and the longer-term impacts of photo radar would As well, officers often uncover impaired is Blue Line’s Senior Management columnist. Contact: have been on road safety in Ontario – I don’t driving and other serious violations when they [email protected]

APRIL 2016 24 BLUE LINE MAGAZINE Montreal’s anti-radicalization program receives funding MONTREAL - The Quebec government has granted another $500,000 to an anti- radicalization centre in Montreal. Montreal’s anti-radicalization centre was officially inaugurated last November, eight months after it was first announced and with 93 interventions already under its belt before it even opened. The money announced is in addition to another $1 million the province gave the cen- tre, as well as $1 million it will receive from the City of Montreal between last November and 2017. Public Security Minister Martin Coiteux made the announcement on February 25th alongside Montreal Mayor Denis Coderre and Herman Deparice-Okomba, head of the facility. Coderre, who recently spoke to a United Nations group about migrants, said the centre was the focus of much admiration when he was in New York City. It has received 647 calls since opening a year ago. Nine of those were referred to police, while 147 required “direct interven- tion’’ because the people involved were just getting started in the radicalization process, said Deparice-Okomba. The centre will send social workers to meet with families if needed.

To subscribe to Blue Line News Week go to www.blueline.ca.

BLUE LINE MAGAZINE 25 APRIL 2016 SAFELY HOME

service among emergency responders coast-to- is one of the scariest and also most common be- coast. Behind its globally recognized emblem haviours associated with Alzheimer’s disease. is an advanced response system and a network The number of people with dementia is of experienced medically trained specialists increasing and 60 per cent of them will wander second to none. from home. If they aren’t found in 24 hours, Part of its charitable mandate is to provide up to 50 per cent will come to harm. law enforcement professionals with the train- ing to quickly access the critical medical and personal information that could save lives in Please contact [email protected] for more information on MedicAlert’s emergency responder crisis situations. training program. Becoming lost with no idea how to get home

MedicAlert Canada Foundation is proud to announce that Constable Ken St. John of Grey County OPP is the winner of the 2016 Legends of the Call Award. This annual distinction is given to one Cana- dian police officer who has flawlessly deployed MedicAlert’s Look-Read-Call procedure to protect and save the life of someone in need. St. John assisted a woman with dementia during a wandering incident. Quickly identi- fying her condition through her MedicAlert ID, he acted with knowledge and urgency in contacting and utilizing the 24/7 emergency hotline to ensure a quick reunion with the woman’s loved ones.

Look-Read-Call In an emergency, when every second counts, MedicAlert’s Look-Read-Call pro- cedure can mean the difference between life and death. • Look for ‘MedicAlert’ on the ID to confirm it’s an authentic MedicAlert ID. • Read the vital information on the back of the ID. • Call the 24/7 Emergency Hotline, which is answered in an average of five seconds, to obtain detailed information on the person in need.

Most trusted medical identification service For more than 50 years MedicAlert has been the most trusted medical identification

APRIL 2016 26 BLUE LINE MAGAZINE GUIDE 20th Anniversary Canada’s National Law Enforcement Event

SPONSORS Sponsored by

BLUE LINE MAGAZINE 27 APRIL 2016 GUIDE Floor Plan

April 26th & 27th 9am - 4pm

550 Beck Cres. Ajax ON EMERGENCY EXIT EMERGENCY EXIT EMERGENCY

EMERGENCY EXIT EMERGENCY EXIT

Accident Support Services 12 Hackett Security 22 Airstar Canada B HealthIM Inc 21 American Military University 13 Humber College 19 Artcal Graphics 3 iKey 14 ASSA ABLOY Canada 9 In Cube Mobility Solutions 2 AVfusion – IPVideo Corporation 28 Interac Association / Acxsys Corporation 30 BioPed Footcare Clinics 11 International Police Association I Bombardier Recreational Products 38 Lexis Nexis 18 Boreal Ventures C MedicAlert Foundation 5 Canadian Centre for Public Safety Excellence 29 Mitsubishi Motor Sales G Canadian Police Chaplains Association A NorthWind Services 40,41 Canadian Police Insignia Collector’s Association F OMVIC 36 CanCom Radio Accessories 23, 24 Panasonic Canada 39 CIMA LTCI Corp 10 Pelican Products 20 Clear Ballistics 16 Savage Range D Commissionaires 15 Thomson Reuters 37 CSI Forensics Canada 4 Unisync Group 17 EMebKO Enterprises 42 University of Guelph H Fanshawe College J Whelen Engineering 34 FCA Canada 6,7 ZOLL Medical Corporation 27

FREE admission with pre-registration at blueline.ca/expo APRIL 2016 28 BLUE LINE MAGAZINE Exhibitors GUIDE

Accident Support Services ASSA ABLOY Canada BioPed Footcare Clinics BOOTH 12 BOOTH 9 BOOTH 11 Facilitating centralized collision reporting at no ASSA ABLOY provides multiple reliable solutions BioPed believes that foot pain should never slow cost to police allows services the ability to real- to law enforcement professionals around the globe. you down! Our foot experts offer personalized locate manpower & operational costs. Collision Visit our booth to view electronic locking solutions, solutions for every condition related to the foot and Reporting and Occurrence Management System body camera control and secure storage, tempo- lower limb to ensure the relief of your foot, heel, electronically captures collision details to share rary/long term firearm deposits, secure area visitor knee and ankle pain. with stakeholders. Analytics Portal allows ad-hoc solutions, fleet management solutions, electronic www.bioped.com queries to help implement pro-active road safety key control, workplace safety/security solutions, programs. Data entered once, validated, submitted computer and mobile device storage. ••• to MTO and police RMS. www.assabloy.com Bombardier www.accsupport.com Recreational Products ••• BOOTH 38 AVfusion – The Vehicles for your commercial and government IPVideo Corporation organization.While we are best known for providing BOOTH 28 exhilaration, our vehicles are ideal for getting the job Use AVfusion to replace antiquated VHS, DVD or done, too, thanks to their performance, innovation DVR technology. This easy-to-use product allows and reliability. See how our vehicles and organiza- law enforcement professionals to quickly launch tion meet your requirements and beyond. recording sessions, catalog them with data, search http://commercial.brp.com/commercial-and- BOOTH B and retrieve recordings — all from any secure government/ Airstar lighting is used throughout the world desktop running AVfusion software. with a variety of compact, portable models that light crime scenes. They produce a non- glare, shadow free light ideal for search and photography. These rugged lights deploy within a couple of minutes. Lights can be mounted on tripod stands or trailer hitch for mobility. Airstar lights are typically placed in the centre of a work area for 360 degree coverage requir- ing 30 per cent less light than conventional flood lights. www.airstarcanada.com

American Military University BOOTH 13 American Military University provides career- relevant and affordable online programs that help equip students for roles within the law enforcement community. With more than 190 degree and cer- tificate programs—we prepare students for service and leadership in a diverse and global society. www.PublicSafetyAtAMU.com/Canada

••• Artcal Graphics BOOTH 3 Artcal has been a supplier of policing graphics across Canada for nearly 40 years. We have the expertise in design, production and installation to provide you with high visibility graphics for your police fleet. We use all 3M products to ensure the highest quality vehicle graphics and our 3M certified installers are experts in police car graphic instal- lation. Our commitment is to meet the demands of the policing industry and to provide a level of service that meets or exceeds the expectations of our customers. www.artcal.com

BLUE LINE MAGAZINE 29 APRIL 2016 GUIDE Exhibitors

Boreal Ventures These ink sheets make a fast, clean, simple and last- the skills needed to advance. BOOTH C ing impression for all law enforcement requirements. https://www.fanshawec.ca/programs-and-courses/ Boreal Ventures is a full-line stocking distributor for The new lanolin and carbon based ink formulation program/psl1-public-safety-leadership/next-year OLIGHT Technologies a leader in LED flashlights for gives Durester Printake a constant density surface for Law Enforcement, Military, Search and Rescue and accurate recording. When ready to fingerprint, simply ••• more. We also specialize in a variety products for the separate the two sheets and begin. FCA Canada Inc. outdoor, emergency preparedness/survival industries. www.cimaltci.com BOOTHS 6 & 7 FCA Canada Inc. markets Chrysler, Jeep, Dodge, ••• Ram, FIAT brands as well as SRT performance Canadian Centre for Public Safety Clear Ballistics vehicles through a National dealer network of over Excellence BOOTH 16 440 dealers. The company also distributes Alfa Telephone: 902-888-6700 Clear Ballistics specializes in the manufacturing Romeo, Mopar and Magneti Marelli products. email: info@ccps e.ca www.ccpse.ca of 100% clear reusable synthetic ballistic gel and fleet.fcacanada.ca moulds for research, training and recreation. Our BOOTH 29 ballistic gelatin is synthetic, clear as glass completely ••• The CCPSE is a one of a kind public safety training reusable and ready to use upon arrival. Our ballistic Hackett Security Inc centre which combines skills based competencies, gelatin’s primary use is for testing ammunition. It is BOOTH 22 academically sound curriculum with state of the art a complete replacement for traditional Ordnance Hackett Security, based in St. Louis, Missouri, is a physical infrastructure. Programs are delivered by 240A ballistic gel. total security systems integrator with expertise in experienced staff, who can develop and design www.trail-marker.com video security that incorporates the latest digital video training that meets or exceeds industry standards. recording and transmitting technologies. We provide a cost-effective, easy-to-use, end-to-end solution for ••• recording, managing and storing video evidence. Canadian Police Chaplains www.defenderbwc.com Association BOOTH A ••• Trained and certified police chaplains across HealthIM Inc Canada provide officer and family support, referral BOOTH 15 resources, and spiritual guidance; specializing in BOOTH 21 Commissionaires is Canada’s premier security HealthIM develops software that supports police stresses and challenges unique to police officers. provider, offering comprehensive and cost ef- officers in the field responding to mental health The Association provides resources to police agen- fective non-core police services to help police calls. The system helps officers identify key risk cies seeking to establish chaplain support services. forces get more officers back on the streets. With levels and communicate those findings to the www.cdnpolicechaplains.org over 90 years of experience Commissionaires appropriate community and hospital based health supports police departments across the country ••• services using clinical language. by taking on: by-law enforcement, photo radar, www.healthim.com Canadian Police Insignia process serving and traffic control. Collector’s Association www.commissionaires.ca BOOTH F The Canadian Police Insignia Collectors Asso- ciation has been around for over 40 years. The CSI Forensics Canada association brings together police patch and memo- BOOTH 4 CommunityServices.Humber.ca rabilia people who have an interest in collecting CSI Forensics is a full-line distributor for Arrowhead 416.675.3111 law enforcement insignia and historical mementos. Forensics and offers only the finest quality, durable, and easy to use forensic products. Affordable pric- Association members are invited to meet and chat BOOTH 19 ing, available fast, with reliable delivery. We pay at their web site at cpica.ca. Located in Toronto, Humber is one of Canada’s duty, tax and customs fees for you. largest and most diverse colleges. Theory and ••• www.csiforensics.ca practical learning combined with state-of-the- CanCom Radio Accessories ••• art simulation labs deliver a full educational ex- BOOTH 23, 24 perience. We are dedicated to delivering more We are your single source supplier for all of your EMebKO Enterprises than an education — we are changing lives. safety, communications and radio accessory prod- BOOTH 42 www.communityservices.humber.ca uct requirements. Our product offering includes EMebKo supplies BioCleanz, a non-toxic disinfectant, two-way radios, speaker microphones, earpieces, cleaner, deodorizer that kills many strains of MRSA, headsets, helmet kits, wireless solutions, radio HIV-1, and H1N1. Safe to use on ballistic panels, it iKey cases, batteries, personal protective equipment neutralizes oleo capsicum, methane and more without BOOTH 14 and Maglite Flashlights. We specialize in offering causing harm to you, your gear or the environment. iKey created the rugged keyboard industry. For over product solutions no matter what your occupation www.emebko.com 25 years, iKey has been the world’s leading manu- facturer of rugged keyboards and monitors for police. and application. ••• www.cancomradioaccessories.com Built in our facility in Austin, Texas, our rugged input Fanshawe College devices are sturdy enough to withstand dust, dirt, ••• BOOTH J water and corrosive liquid. They are designed with CIMA LTCI Corp Public Safety Leadership Graduate Certificate, Fan- you in mind—easy to clean and maintain, yet built BOOTH 10 shawe College.Take your career to the next level to endure the rigours of extreme working conditions. CIMA LTCI Corporation is proud to announce that with this 12-month online program which equips Where failure is not an option, iKey is the solution. we are now the manufacturer of Durester Printake. professionals working in emergency services with www.ikey.com

APRIL 2016 30 BLUE LINE MAGAZINE Exhibitors GUIDE

InCube Mobility Solutions can stop threats, solve crime and successfully BOOTH 2 predict possible incidents. InCube Mobility Solutions is a global provider of www.lexisnexis.ca mobile solutions providing state-of-the-art software and hardware that guides, manages and connects ••• mobile forces. We provide handheld devices, mo- Medic Alert Foundation bile printers and specialized software. BOOTH 5 www.e-incube.ca MedicAlert Foundation Canada is the trusted provider of emergency information services for over 1 million BOOTH 36 ••• Canadians since 1961. Our mission is to provide As the regulator of motor vehicle sales in Interac Association / Acxsys Corp high quality information on behalf of our subscribers Ontario, OMVIC exists to protect consumers BOOTH 30 during their time of need. MedicAlert helps save lives. while ensuring a fair marketplace for dealers. Interac Association and Acxsys Corporation www.medicalert.ca OMVIC conducts investigations and lays operate an economical, world-class debit system charges pursuant to the Motor Vehicle Dealers with broad-based acceptance, 24/7 reliability and Act and other statutes, and is always willing to security. Interac products and services securely assist any law enforcement agency with their connect people to their money through Interac vehicle-trade related investigations. Debit, Interac Flash, Interac Cash, Interac Online www.omvic.on.ca and Interac e-Transfer. www.interac.ca/en/cybercrime-conference

••• Panasonic Canada International Police Association BOOTH G BOOTH 39 BOOTH I Panasonic Toughbook PC notebooks and Tough- The International Police Association (IPA) is a fraternal Mitsubishi Motor Sales Canada Inc. is the pad tablets are engineered to withstand drops, organization dedicated, “to uniting in service and exclusive distributor of Mitsubishi cars and spills, and dust, and to perform in the harshest friendship all active and retired members of the law SUVs in Canada. We are proud to support environments. Rugged reliability and low cost of enforcement service throughout the world,” and en- law enforcement agencies in Canada and Blue ownership are a few of the reasons why Tough- hances the image of the police in its member countries. Line EXPO. While visiting Blue Line EXPO book and Toughpad keep winning over the world’s Membership is open to any serving or former police why not test-drive the Mitsubishi Mirage, RVR toughest users. officer meeting the requirements as set out in the and Outlander. www.panasonic.com Canadian Section Constitution. www.mitsubishi-motors.ca www.ipa.ca ••• ••• Pelican Products Lexis Nexis BOOTH 20 BOOTH 18 NorthWind Services Pelican Products, Inc. is the global leader in the LexisNexis provides a suite of solutions that BOOTH 40, 41 design and manufacture of both high-performance leverage public records and proprietary data, NorthWind Services is the Canadian Distributor for protective case solutions and advanced portable along with social media information and predic- MILO Range. MILO Range set the international lighting systems. Their products are used by tive analytics to give public safety the ability to standard for interactive use-of-force, judgment training, professionals in the most demanding markets combat these threats. Our data and advanced and firearms training Simulators. We are the world including defense/military, law enforcement, fire analytics can be combined with internal agency leading simulation provider for government, military, safety and industrial. data to help resolve identities and provide inves- law enforcement, and police agencies worldwide. www.Pelican.ca. tigative leads, intelligence and information that www.milorange.com

BLUE LINE MAGAZINE 31 APRIL 2016 Savage Range BOOTH D Savage Range Systems provides the safest, clean- GOLD SPONSOR est and lowest maintenance environment for shoot- ers. Their patented Snail System continues to be the bullet trap of choice for firearm and ammunition manufacturers, every branch of the armed services and commercial ranges throughout the world. They also offer granulated rubber traps, shoot houses and a wide range of target systems. www.savagerangesystems.com Built Better, Backed Better.

Thomson Reuters Mitsubishi, Outlander, and RVR and most BOOTH 37 Lancer sedans are backed by Mitsubishi’s 10 Since 1981, Triform has been a leading provider year or 160,000 km Powertrain Ltd. Warranty, 5 of investigative record-keeping solutions for law Year or 100,000 km New Vehicle Ltd. Warranty enforcement and police professionals like you. and 5 year unlimited km Roadside Assistance. Exclusively published by Thomson Reuters, our Canada’s best new vehicle warranty, no exclu- products include evidence notebooks and investi- sions, no exceptions. gation record notebooks as well as carrying cases. The Lancer sedan is available in FWD and We can customize any sewn notebooks with custom AWC, and comes with an impressive array of content and cover to meet your organization’s need. safety features, including seven standard air- five passenger workhorse and is available in three www.triform.com bags, seating for five and ample cargo capacity. distinctive trim levels (ES, SE and GT). The ES is The Outlander SUV epitomizes Mitsubishi’s FWD, while the SE and GT are standard as 4WD “Built Better, Backed Better” DNA. It is available vehicles. RVR is a winner of the coveted IIHS Top ••• with a 4 or 6 cylinder engine, in FWD or AWC or Safety Pick + Award. Unisync Group Limited S-AWC. Standard Bluetooth, enhanced safety Mitsubishi continues its leadership role in BOOTH 17 technology, and exceptional interior capacity electric-vehicle propulsion. We expect the 2017 Unisync is a leading provider of apparel for cor- complete Outlander. i-MiEV will continue to be a favourite of govern- porate and government customers. Further to its In October 2016 watch for the award ment, city and municipal fleets, filling roles in acquisition of the well-known Rapier brand and winning, and top selling PHEV in Europe, the commuting, community service, court reporting, R.Nicholls’ Mississauga store operations, it now Outlander PHEV. More info will be available and by-law enforcement. The i-MiEV has a range services law enforcement and other customers in closer to launch date. of up to 155 kilometres. both their clothing and equipment needs. The RVR compact crossover is a four cylinder, We look forward to serving your needs. www.unisyncgroup.com

••• University of Guelph BOOTH H The University of Guelph’s online MA Leadership graduate degree is an innovative program de- signed to enhance your leadership abilities without interrupting your career. The program is ideal for individuals in leadership roles within the policing and military field. www.leadership.uoguelph.ca

••• Whelen Engineering BOOTH 34 Whelen designs and manufactures vehicular visual and audible warning equipment including Super- LED lightbars, LED and Strobe beacons, siren control centres, speakers and secondary lighting products. Whelen also produces a line of white Super-LED illumination lighting in a wide range of voltages. www.whelen.com

••• ZOLL Medical Corporation BOOTH 27 ZOLL Medical Corporation, a leader in medical products and software solutions, provides AED and CPR solutions for schools, fitness centres, corporations, churches, and other organizations that accommodate or serve the public. Our clinically advanced, easy-to-use products help rescuers and professionals alike respond quickly and effectively to sudden cardiac arrest. www.zoll.com

APRIL 2016 32 BLUE LINE MAGAZINE BLUE LINE MAGAZINE 33 APRIL 2016 DEEP BLUE by Dorothy Cotton So much for science

Sitting on the beach on the Caribbean isle 1. The cast of characters and the real nature of there could be such an effect but since they are of St. Hotness, I realized I had been grossly forensic scientists; aware of it, they can self correct. mislead by the media. While the island itself 2. The actual value and reliability of evidence; Correcting that bias might be easier said looked pretty well the way it had in the bro- 3. The capacity of the system.1 than done. Can legal professionals correct for chures and TV commercials, the people on the TV shows would have you believe that your a potential CSI effect in the courtroom? beach did not. typical “criminologist” is a former hooker in Many report changing their strategies to None of the men had six pack abs. Most leather pants who works 24/7 on only one case, address these presumed biases – but some looked sort of dough-boy soft, had a paunch is also a gun-toting police officer and works in research shows that when a prosecutor tried to and were white as ghosts (Canadians, I assume). a state of the art lab with an unlimited budget. educate a jury about the CSI effect and warn As for the women, I was able to conduct Sounds pretty glamourous! them against using their ‘knowledge’ in mak- a more detailed anatomical survey than one I wonder how many young people were ing decisions, it backfired. The jurors became can do in most places, as many people on this lured into forensic science programs at college more skeptical of the prosecutor’s case. beach were topless. (Not me, for the record. and university only to discover that the work is People are pretty variable in their TV My bathing suits tend to look more like green tedious, the resources scant and the co-workers viewing habits so not everyone would have garbage bags and cover me from double chins merely normal people, few of whom look good seen the shows. People vary in their gullibil- to stovepipe ankles). in leather pants (and generally, you don’t get ity; some might buy the CSI hype but others My observation was that women do not a gun). do not. For many potential jurors, CSI-type have perky breasts; not even young women. TV shows would have you believe that shows and other crime dramas may be their Breasts, as it turns out, do not defy gravity evidence is always there, always accurate — only exposure to the criminal justice system. and they point downward rather than upward and always definitive. They neglect to mention If they have no other knowledge, then unless artificially supported. details like the fact that even the best DNA TV knowledge might have to suffice so you Now where would I get the strange idea evidence in the world won’t tell you whether need different corrections for different people. that the beach should be full of gorgeous peo- sex was consensual. What about people who never watch TV and ple with perfect body parts? Well, the media of TV shows would have you believe that might have never heard of DNA evidence and course. On the one hand, it’s hard to fault them. every test is available in every case – and can dismiss it as hocus pocus? Who would buy tickets to a winter resort be conducted after the next commercial break So yeah, TV likely has an effect. There whose ads feature beaches full of droopy (or at least within the next 45 minutes). is a whole area of psychology that focusses women and flabby men? Would you have Curiously, the number of forensic labora- on this phenomenon. It is called “cultivation liked the show Baywatch as much if Pamela tory tests requested has increased dramatically theory” and posits that the more time people Anderson was built like Roseanne? in recent years, even as the number of crimes spend watching TV, the more likely they are On the other hand, the portrayal of false has decreased. That means way more tests to believe the social reality that is on TV. It’s information does have a negative effect. It con- per crime and longer delays before you get not just CSI. It is violence in children’s shows, tributes to body image problems, may make the results. body image portrayals, gender roles… don’t some people self conscious enough to avoid The increase is to some extent a reflection even get me going about reality TV. going to these resorts and generally makes us of the increased expectation of jurors. It’s kind In the US, potential jurors have been asked feel unattractive. of ironic actually. The higher people’s expecta- whether they watch CSI-like shows as part of So yes, TV and the media do have an ef- tions, the less likely they are to be met because the jury selection process. I wonder what the fect — both positive and negative. In a more higher expectations lead to more tests, and right answer is. I suppose it depends on which relevant example (now that I have your at- more tests lead to slower turn around times. side of the case you are on – and how much tention), consider the CSI effect. It has been That’s the theory anyhow, and it’s what forensic evidence there is in the case. Another described as a phenomenon in which people the media would have you believe about the circular argument. who watch CSI-like TV shows come to have media — because it’s mostly the media that So much for science. increased — and pretty unrealistic — expec- talks about the CSI effect. Another circle – 1 With credit to Simon Cole’s article “A tations of the amount and nature of forensic but do people really believe this stuff? The surfeit of science: The CSI Effect and the evidence available in your typical trial. research on whether there really is a CSI effect media appropriation of the public understand- It is posited that when these folks become is a bit sketchy. ing of science” in Public Understanding of jurors, this is a problem since they may be There are lots of articles and research Science 2015 vol 24(2) 130-146. more reluctant to convict if there is not sig- pieces about whether people THINK there is nificant forensic evidence. a CSI effect. Most involved in the trial process There are a number of ways in which the seem to think so — like defense lawyers, Dr. Dorothy Cotton is Blue Line’s psychology CSI effect can play out. It can alter people’s crowns and judges. If you ask jurors — or columnist, she can be reached at deepblue@ perceptions of: potential jurors — they tend to say that yes, blueline.ca

APRIL 2016 34 BLUE LINE MAGAZINE Canada’s best compete on the Rock

by Danette Dooley

Cst. Ryan McMackin of the Royal New- foundland Constabulary (RNC) was one of 27 law enforcement officers to carry the Flame of Hope from St. John’s to Corner Brook for the opening ceremonies of the Special Olympics Canada Games. The NL Law Enforcement Torch Run host- ed the national final leg of the torch’s journey. Both McMackin and fellow officer Cst. Danny Abbass, also of Corner Brook, are members of the torch run committee. McMackin said a total of 27 officers representing the RNC, RCMP, Canadian Border Services, Inland Fish and Wildlife Enforcement, Memorial University Campus Enforcement, Department of Fisheries and Oceans and Her Majesty’s Penitentiary took part in the run. L-R: Mark Gillam with Inland Fish and Wildlife Enforcement, Cst. Danny Abbass RNC Corner Brook, Special Olympian Liam O’Brien and The officers, along with some Special Const. Ryan McMackin, RNC Corner Brook. Photo taken in Port aux Basques, near the end of the final leg of the run. The hockey game raised about $1,500 for the Law Enforcement Torch Run and local charities. Olympics athletes, left the Confederation Building in St. John’s on Feb. 26 and arrived Enforcement Torch Run Committee for about of the country come together for the opening in Corner Brook in time for the flame to light six years. His goal is to spread awareness and ceremonies – in anticipation of the Games – the cauldron on March 1, signaling the start inspire more people, including police officers, “was amazing.” of the competition. to become involved in the run. McMackin had an opportunity to place “We stopped in different places along the “When you’re out there running across medals around the necks of some of the win- way and met with the Special Olympians. the Trans Canada Highway, no one really ners. It’s a moment that’s hard to describe, It was pretty exciting to be a part of that,” knows what you are doing but once you run he said. McMackin said. into those smaller clubs and you get together “When these athletes get together for torch It’s the first time since its establishment in with the athletes and the parents – that’s what runs once a year or competition throughout 1969 that the Special Olympian Canada Winter the run is all about. the year they are not worried about mortgage Games have been held in Newfoundland and “Taking part in the final leg with the torch payments, the price of oil etc, they just show Labrador. and attending various Special Olympic club up, smile from ear to ear, laugh, hug and have More than 1,600 athletes, coaches and events, listening to the athletes speeches, a great time.” families travelled to Corner Brook, on the watching these athletes interact, compete, The national games mean a great deal not province’s scenic west coast . The athletes smile (and) laugh is definitely the most re- only the medal winners but to those who go home competed in numerous sports including skiing, warding thing that I have ever taken part in.” knowing they’ve competed for their province. figure skating, speed skating, curling, floor The national team will be selected during the “This is a Stanley Cup or a World Series hockey and snowshoeing. Corner Brook games to represent Canada at the for these kids. It’s just amazing to be a part McMackin is from Sussex, New Brun- 2017 Special Olympics World Games in Austria. of it.” swick. He trained at the Atlantic Police Acad- In keeping with the Special Olympics emy and was hired by the RNC Corner Brook athlete oath “Let me win. But if I cannot win, Detachment in 2002. let me be brave in the attempt,” McMackin Danette Dooley is Blue Line’s East Coast correspondent. He decided to apply to the RNC after She can be reached at [email protected] said seeing all the athletes from various parts befriending many Newfoundlanders at the academy, although he’d never been to Newfoundland. “I figured I would try out a new adventure, gain some experience and return home. I quickly fell in love with the province, includ- ing its outdoor beauty and some of the nicest, easy going, most hospitable people I have ever met in my entire life. I now have a family in Newfoundland and have no plans of ever leaving,” McMackin said. McMackin works street patrol. He loves being on the front lines of policing and enjoys the day-to-day interactions with people. He was selected by his peers for the RNC Asso- ciation’s Award of Excellence for community service in December 2014. McMackin has been a member of the Law

BLUE LINE MAGAZINE 35 APRIL 2016 HOLDING THE LINE by Stephanie Conn

Why do relationships last for some people other for not recognizing what they are feeling. overwhelmed or flooded by their partner’s but not others? The many reasons relationships This resentment breeds passive-aggressive needs, causing him/her to distance from the fail include poor communications, unhealthy behaviours like subtle criticisms, which even- pursuer. This distancing, in turn, creates more role dynamics and failure to maintain connec- tually lead to blow ups. anxiety and hurt in the pursuer, resulting in a tions between partners. I have also marveled listening to couples more aggressive and desperate pursuit. The Police factors such as shift work, overtime reveal that they are each thinking and feeling cycle continues and the couple suffers. and operational and organizational stress make the same thing but reluctant to speak to the The “Overfunctioner-Underfunctioner” it more difficult to maintain a healthy relation- elephant in the room. They could have saved dynamic entails one partner assuming more ship. Statistics relating to divorce vary but themselves from a lot of misery had they just responsibility for the relationship or family there seems to be a higher rate in policing due talked through what they noticed was going tasks based on the assumption they are more to the demands inherent in the job. Fortunately, on between them. capable than the other. An example of this in every risk factor informs us of how we can turn the police context might be an officer dealing it into a protective factor. Relationship dynamics with a traumatic event at work and assuming Protective factors are open and regular When a couple is engaged in the Distanc- their well-meaning partner is too fragile to communications, paying attention to how you er-Pursuer dynamic, one partner, the pursuer, deal with the demands of home, so she (or he) and your partner relate and the time and effort is seeking more intimacy, connection or atten- assumes all the responsibilities in the family. you each put into maintaining your relation- tion with the other and goes to great lengths This kind and loving gesture might ship. I will talk about each of these, in turn. to obtain this very healthy need — but in an inadvertently create a dynamic where the I have seen many couples report withhold- unhealthy manner. overfunctioner carries too much of the load ing their feelings, thoughts or interpretations This exaggerated pursuit behaviour con- and eventually resents the underfunctioner. of events only to find themselves resenting the tributes to the other person’s sense of being The underfunctioner comes to believe he/

APRIL 2016 36 BLUE LINE MAGAZINE she isn’t able to function because they haven’t ignore their own needs in service of others. had to and might come to resent the very I don’t think this is the message intended by person who seems to demonstrate capabilities parents who focus on their children to the they lack. A relationship that was once based detriment of their marriage. on two people as equals now becomes more Similarly, parents who are overcommitted to like a parent-child or saviour-victim dynamic. work model this behaviour to their kids, which A healthy relationship cannot exist with these will not be helpful when they are older and try- unequal dynamics. ing to navigate the work/relationship balance. Changing these behaviours is not easy Connection and requires deliberate efforts to revitalize Another very common difficulty in rela- the connection between you and your partner. tionships is lack of connection between part- Schedule “adult time” to relate as a couple ners. This can occur for a number of reasons — and this doesn’t mean going out to dinner but mostly happens when other demands on and discussing parental matters such as little time or energy put our relationship with our Johnny’s grades or work. Talk about your partner dead last. interests as adults and as a couple. For instance, we can become consumed Not only do you have to attend to the with work, responding to work emails and calls quality of your interactions as a couple, you outside of work hours, taking call out when it’s also have to consider the frequency of your neither mandatory nor financially necessary adult time. It can’t be something that you do (oftentimes referred to as “golden handcuffs”). once a month, time permitting. It needs to be Another common occurrence is prioritiz- something you commit to daily, even if it’s just ing parenting over the marriage. Kids, espe- something simple like having a cup of coffee cially young ones, rely on parents for their together when the kids are in bed. needs but that does not justify neglecting the Having a healthy relationship as a police marital relationship. In fact, maintaining its officer might seem like a pipe dream but it health contributes greatly to children because is possible. Think of relationship health as they see you modeling a healthy relationship. you would officer safety: It requires daily They see the fondness and affection you commitment as if your relationship depends display and it becomes the example for their on it. future relationships. Dr. Stephanie Conn is a former police officer and cur- Conversely, seeing their mother ignoring rently a clinical psychologist practicing in Vancouver. She their father (and herself) to attend to them in- is a regular Blue Line columnist. Contact: stephanie@ dicates that, when they are older, they should blueline.ca or visit conncounselling.com

BLUE LINE MAGAZINE 37 APRIL 2016 TECHNOLOGY by Tom Rataj

Wheels on the bus go round and round

Many of us are familiar with that little passengers from walking or running across that they inspect the bus prior to it beginning jingle, a staple of school-bus riders far and the roadway. it’s route. wide. Those big yellow buses have been a Regulations mainstay of student transportation across Once the school-bus stops and activates Stop-arm violation tech North America since the 1940s. An estimated the lights and stop sign, motorists travelling To address many of these challenges, 500,000 travel North American roads each in both directions are required to stop before numerous technology companies have de- school day. reaching it. The only general exception is on veloped solutions, including high-resolution The standard and familiar colour and multilane highways where a physical barrier video cameras mounted on the outside of the markings are intended to increase the safety of separates the two directions of travel. In this driver’s side of the bus. These record traffic riders by ensuring that the bus is readily vis- case motorists have to stop only if the bus activity when the bus is stopped and show ible and distinguishable from other traffic. The is on their half of the roadway. that the flashing lights and stop-sign system yellow shade dates from 1939 and was chosen There are some minor provincial and are activated. partly because it is noticed in peripheral vision state variances in the regulations for what Most systems feature three video cameras better than other colours. In some jurisdictions is now commonly known as “stop-arm” mounted behind the stop-sign. One faces for- a white strobe light is mounted on the roof to violations. ward and includes the flashing stop-sign in the further increase visibility. video-frame, while a second faces rearward Highway traffic regulations are essentially Penalties and a third straight out beside the bus. the same across North America, requiring driv- In general, penalties for disobeying the This setup ensures that any passing vehicle ers to stop when the bus is stopped at the side regulations are quite severe. The set fine for is recorded from the front, back and side, and of the road with red lights flashing. Despite all tickets issued by a police officer reach into the shows the licence plate and driver. of these measures, it’s estimated that thousands $500 range or more and may include several Videos are recorded on a solid-state digital of motorists each day fail to comply with the demerit points. video recorder unit located on the bus, and are regulations, putting students at risk. later forwarded to police. Enforcement Hardware Monitoring and enforcing these regula- Legislation changes When a school-bus stops at the curb to tions can be a difficult, time-consuming and Various jurisdictions in North America pick-up or drop-off passengers, the driver is low-productivity undertaking for police. An have begun to deploy these systems and are required to activate a warning light system — officer assigned to or self-initiating stop-arm modifying legislation to allow enforcement usually a group of flashing red lights on the violation enforcement must be free to set up action based solely on the video evidence. A front and back and a large red flashing-light at a bus stop location and can generally only police officer generally reviews all violation equipped stop-sign which swings outward 90 apprehend one or possibly two drivers before videos, prepares the violation notice and mails it degrees on the left side. the bus moves on along its route. to the registered owner of the offending vehicle. Many jurisdictions also require that a Prosecuting the case successfully requires In most jurisdictions legislative changes barrier arm swings out from the front of the officer to be able to testify that all the flash- need to be made to allow this accurate, effi- the bus toward the curb to prevent exiting ing red lights were working. This may require cient and cost-effective enforcement solution.

APRIL 2016 38 BLUE LINE MAGAZINE Forward thinking legislators might even con- sider allowing a civilian to handle this process, freeing-up officers for more urgent work.

YouTube Search “stop arm violations” on YouTube and watch in horror the large number of vid- eos showing drivers failing to stop for school buses. The most disturbing video I found was of a driver that actually leaves the roadway and drives down the sidewalk to get around a stopped bus! Gatekeeper A Canadian manufacturer of stop arm video systems (among other video hardware), Gatekeeper Systems of Abbotsford, offers a complete turnkey solution under its Student Protector product line. The system consists of a module that can include up to five cameras and a digital video recorder that saves a variety of data about the school-bus, including date and time, GPS Depending on the complexity of the enforcement process. coordinates, stop-sign operation and driver system, prices can range to several thousand Legislative and procedural changes will identification. dollars per bus, although I would suspect these need to be made, and school boards and bus Enhanced versions include automatic systems are substantially more efficient at companies will need substantial funding to licence plate recognition (ALPR) technology documenting violators and issuing violation widely deploy the systems. The entire process and infrared night vision capability. notices than having a police officer follow a could potentially be outsourced to free police Gatekeeper also produces a traffic infrac- bus along the route. officers for more urgent work. tion management system (TIMS), which Given the statistics about the high number uses all the video and accompanying data to of stop arm violations, it’s surprising that Resources quickly generate a violation notice. It can work there are not more fatalities. With continued www.gatekeeper-systems.com through a web portal so that drivers receiving budgetary pressure on police services, stop a violation notice can review the video and arms systems can be a very efficient and ef- Tom Rataj is Blue Line’s Technology columnist and can decide whether to dispute or pay the ticket. fective solution that automates much of the be reached at [email protected].

BLUE LINE MAGAZINE 39 APRIL 2016 CASE LAW by Mike Novakowski

No duty to ensure detainee spoke to counsel

The implementa- a standard Charter caution and replied to any lawyer but instead called his mother. tional duties imposed “yeah” when asked if he wanted a lawyer. The arresting officer never explicitly asked under s. 10(b) of the He was placed in a telephone room at the him if he had talked to a lawyer, nor had Charter only require police station with a list of about 20 local Beauregard advised he had not spoken to police to offer a rea- lawyers, the number for Legal Aid and a one. Although police complied with the in- sonable opportunity to phonebook. He was off the phone after formational duties imposed under s. 10(b) contact counsel; there is five minutes. of the Charter, the judge concluded that no obligation to ensure The arresting officer entered the room they breached the implementational duty. the detainee actually and asked if he was done. “Yes,” Beauregard “In my view the implementational duty called a lawyer. replied. The following day, a police officer is only satisfied if a reasonable period of In R. v. Beauregard, took him from his cell to an interview room. time to contact a lawyer has been provided 2016 ABCA 37 the ac- He was cautioned but nevertheless con- and before moving to elicit evidence the cused was arrested on firmed his involvement in the armed robbery officer confirms the detainee has been able a warrant for robbery. during the interview. This helped prove his to speak to a lawyer,” said the judge. Four masked and identity as one of the robbers. A detainee who has been unable to armed men had An Alberta Court of Queen’s Bench reach a lawyer after five minutes, and who robbed a truck stop a little over three judge found that, during his time in the is asked by a police officer, ‘Are you done,’ months earlier. Beauregard was read telephone room, Beauregard had not talked may well feel pressure to wrap it up and

APRIL 2016 40 BLUE LINE MAGAZINE may not have the fortitude to ask for more time or may not realize they are entitled to a reasonable opportunity to reach counsel, and more time if their initial attempts are unsuccessful.” As a remedy for this Charter breach, the judge excluded Beauregard’s state- ment under s. 24(2) and acquitted him. The Crown appealed Beauregard’s acquittal to the Alberta Court of Appeal, arguing that the trial judge erred in finding a s. 10(b) Charter violation. The court found police sufficiently discharged their implementational duties. They placed Beauregard in a telephone room with the usual phone numbers. The onus then shifted to Beauregard to make it clear that he had not reached counsel and wanted further opportunity. Beauregard said nothing about being unsuccessful and there was no positive obligation on police to ask him. “When the [accused] indicated he wished to talk to a lawyer, he was taken to the detachment and placed in a telephone room,” said the court. The only reasonable inference is that the purpose of him being put in that room was to contact counsel. When [the arrest- ing officer] asked him if he was ‘done,’ the only thing that question could have referred to was the ‘contacting of counsel.’ When the [accused] replied ‘Yup,’ that answer could not reasonably be interpreted as being ‘No, I never contacted counsel.’ The police are entitled to act on what the detained person tells them, analysed objectively. Nor was this a situation where Beaure- gard waived his rights after asserting them such that a subsequent Prosper warning was required. Beauregard said that he wanted to contact counsel, was given the opportunity to do so and replied affirma- tively when asked if he was finished. “There was no objective basis on which the police could be expected to take his actions and responses as a waiver of the right to contact counsel, and Prosper was not triggered,” said the appeal court. Since there was no obligation to posi- tively ask if a detained person has been suc- cessful in contacting counsel, Beauregard failed to discharge his burden in proving a s. 10(b)breach. His statement obtained the next day was admissible as evidence. Furthermore, even if there had been an implementational breach of s. 10(b), the statement was nonetheless admissible under s. 24(2). Any breach was minor and done in good faith, the impact on Beaure- gard was minimal, and there was a strong public interest in prosecuting the robbery, a violent crime. The Crown’s appeal was allowed, Beauregard’s acquittals were set aside and a new trial ordered.

BLUE LINE MAGAZINE 41 APRIL 2016 CASE LAW by Mike Novakowski Investigative detention for provincial offences not arbitrary

A detention to investigate provincial Police searched his backpack, found a In his view, the handgun should have been offences was lawful as it was based on a 9mm Intratec semi-automatic pistol, and excluded from evidence and the convictions reasonable suspicion, Ontario’s highest court charged Darteh with assaulting police and for assaulting police should be overturned. He has ruled. firearms offences. wanted either acquittals or a new trial. In R. v. Darteh, 2016 ONCA 141 a property In the Ontario Superior Court of Justice The Ontario Court of Appeal upheld the manager complained to police about trespass- Darteh alleged numerous Charter breaches, trial judge’s ruling that the detention was lawful. ers in the apartment complex’s courtyard area including arbitrary detention (s. 9) and unrea- “The police may detain a person for in- after 8 pm. Police on bikes checked the area sonable search (s. 8). He wanted the evidence vestigative purposes if they have reasonable and saw 24 year old Darteh carrying a partially excluded under s. 24(2) or a stay of proceed- grounds to suspect that the person is connected consumed bottle of alcohol and wearing a ings. The judge rejected the application, find- to particular criminal activity and that such a backpack. He saw the officers and tried to open ing Darteh had been lawfully detained for a detention is reasonably necessary in the circum- the door of the nearest residential unit, which brief investigation for offences under Ontario’s stances,” the court said in a short endorsement. appeared to be locked. He was unusually nerv- Trespass to Property and Liquor License acts. “The standard ‘reasonable grounds to sus- ous and the officers inferred that he may have His arrest was lawful and the backpack search pect’ requires that the police have a ‘reasonable been drinking in the courtyard. reasonable as an incident to lawful arrest. suspicion’ or a suspicion that is grounded in Darteh was detained in front of the Darteh was convicted of assaulting police and objectively discernible facts, which could then residence for the investigation of provincial various firearms and weapons offences. be subjected to independent judicial scrutiny.” trespass and liquor-related offences. His Darteh appealed to Ontario’s top court In the appeal court’s opinion, the trial hand trembled as he produced a health card arguing that his detention was arbitrary and judge properly assessed the evidence in for identification and he leaned back against breached s. 9. He suggested that acting nerv- finding that police had a reasonable basis to the wall. An altercation ensued in which he ously, walking away quickly from police and suspect Darteh was a trespasser committing a shoved and kicked the officers and ran into stopping at the first available apartment could provincial offence. The information and facts the residence. He was arrested in the front not ground a reasonable suspicion that he was available at the time of the detention, when hallway of his home. engaged in a liquor-related or trespass offence. considered in their totality, were objectively capable of supporting reasonable suspicion. These included: • The manner in which Darteh had turned to the first available doorway and urgently tried to gain entry by turning the door handle and knocking. • He did not have a key to the unit that he was trying to enter, carried a partially consumed bottle of liquor, smelled of alcohol and had blood shot eyes such that it could be inferred he had been drinking in the courtyard. • His very nervous demeanour, including a trembling hand and his manner of standing with his backpack up against the wall. • The complaint from the property manager that there were trespassers in the courtyard area, particularly during the evenings after 8 pm, and that someone appeared to be let- ting them in. Although each of the facts considered in isolation may have been insufficient to support a reasonable suspicion that Darteh may be engaged in trespass or liquor-related offences, when viewed together they were capable of doing so. “Reasonable suspicion may be grounded in a constellation of factors, even if any one of those factors on its own would not have been sufficient,” said the court. Darteh’ss . 9 Charter rights were not infringed and his appeal was dismissed. (Additional facts taken from 2014 ONSC 895).

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

APRIL 2016 42 BLUE LINE MAGAZINE DISPATCHES PRODUCT SHOWCASE

Brad MacConnell has been named Charlottetown’s new deputy police chief. He began his BAYCO PRODUCTS extensive career in law enforcement in 1990 and has been a supervisor of the Major Nightstick® introduces three new Rechargeable LED Crime Unit, managing teams Flashing Safety Lights with secondary long-throw LED of investigations and dealing flashlight with integrated lithium-ion rechargeable bat- with high-profile criminal teries. Made from durable engineered polymer the units investigations. MacConnell’s new title is Deputy combine a full-size flashlight rated at 150 lumens for Chief of Administration, Support Services. He distance lasting 7.5 hours, with a flood/flashing safety began his new position in February 2016 and his light rated at 50 lumens for 4 hours. duties will include staffing, scheduling, planning and budgeting.

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••• Devon Clunis, Winnipeg’s Chief of Police is retiring. He began his career LARSON ELECTRONICS with the Winnipeg Police Service in 1987 and has served in all major areas of the Measuring only 3.22” x 3.14” x 3”, the RL-15-LED-CPR organization, including uniform from Larson Electronics is an ultra compact portable patrol, traffic, plainclothes floodlight that contains five 3 watt high output LEDs that investigation, community generate 1,100 lumens of cool white light while drawing 15 relations, organizational watts of energy. This light is impact and vibration resistant, development and duty office, as well as in a dustproof, rustproof, and rated IP67 waterproof, making number of administrative leadership roles before it ideal for the rough conditions. officially becoming chief in November 2012. ••• Dan Fantetti is set to retire after 35 years of policing. Deputy Fantetti took over the role as LaSalle’s BERETTA Deputy Chief in August 2008. He began his career in London, Ontario in 1981, The APX, which debuted on February 22, is Beretta’s first and transferred to St. Clair full size striker fired pistol designed to meet the needs of Beach Police Department in law enforcement. With the new pistol Beretta becomes 1987. Deputy Fantetti was one of the few manufacturers to offer full size polymer hired in LaSalle when it was the Township of and metallic framed handguns in both hammer and striker Sandwich West in 1989. While working with the fired operating systems. The APX will be initially available LaSalle Police Service, Deputy Fantetti held the in 9x19mm, .40 S&W and 9×21 IMI. positions of Constable, Patrol Sergeant, Staff Sergeant and finally Deputy Chief.

••• Inspector Graham Abela is Taber’s new police chief. Abela began his career LTI 20/20 TruCAM in law enforcement as a park ranger in 1990 before moving Photo Lidar on to work in Customs and Excise with Revenue Canada The TruCAM collects and stores a complete chain of video as a border patrol officer. He evidence for both speeding and tailgating violations, along landed a spot with the Taber with a high-resolution image that identifies vehicle make, Police Service on Sept. 1, model and license plate number. This all-in-one handheld 1994. He worked his way through the ranks video laser can be deployed anywhere, anytime. locally and in 2003 was promoted to the rank of Inspector, where he would remain until his promotion to chief.

BLUE LINE MAGAZINE 43 APRIL 2016 MARKET PLACE

APRIL 2016 44 BLUE LINE MAGAZINE MARKET PLACE

A McGill researcher asking for help by Brian Arsenault more egalitarian structure. This can impact the Are individuals more likely to share effectiveness of information shared between information with occupation types that trust? Earthquakes. Extreme weather. Transporta- two such organizations. Are they more likely to receive or use tion accidents. Infrastructure failure. Each can Regardless of the source, challenges im- information shared from these occupation? have devastating consequences. Each requires peding effective information sharing can lead Are individuals more willing to share coordinated emergency response. Depending to fragmentation and misunderstanding during with those that have experience with the same upon the scenario, multiple agencies can be in- emergency response efforts, the consequences emergency types? volved during response activities. These organi- of which can be deadly. Answering these questions will provide zation are often decentralized and autonomous, One often forgotten factor influencing a basis for improving information sharing each specializing in its own area of expertise. information and knowledge sharing is trust. between the various groups participating in It is not uncommon for paramedics, fire- Though featured prominently in organiza- emergency response. fighters, law-enforcement, nurses, doctors, trans- tional management literature, trust is seldom Developing a greater understanding of portation safety employees, and public health discussed in that dedicated to emergency trust at the interpersonal level, specifically as officials to work side by side during recovery management, particularly in relation to its role influenced by organizational norms and ten- efforts. It is also not uncommon for individuals as an enabler of information sharing. dencies, may help support the standardization in these professions to use different vocabular- Put simply, trust is one’s willingness to of emergency management and communica- ies, communication channels, protocols, and rely upon another under a condition of risk, tion protocols. It may also help overcome is- information systems during their efforts. that is, where there is potential gain or loss, sues related to communication breakdown and Despite their differences, working togeth- or where there is something at stake. Research those due to cultural and structural variations. er in a co-ordinated way is essential to success. shows that trust among individuals is a deter- Recognizing areas where trust is lacking may During emergency response, co-ordination mining factor for the efficiency of coordinated help identify cooperative, inter-agency train- and critical decision making rely upon timely, action within complex systems. ing opportunities. appropriate, and accurate information. Most Trust at the individual level helps to im- Understanding trust is a critical first step researchers agree, however, that information prove organizational performance, and can in understanding some of the key information and knowledge sharing during emergency ultimately influence information exchange sharing challenges faced during emergency response activities is challenging, particularly across organizational boundaries. Trust is also response. as event complexity increases. Issues such thought to help manage conflict, improve ne- as information overload and communication gotiations, as well as facilitate knowledge and breakdown are regularly cited as critical fac- information sharing between organizations. Brian Arsenault, is a graduate student at McGill Univer- tors impeding successful emergency response. Homophily, or the tendency for individu- sity in Montreal, and is currently conducting a research Sometimes a lack of information can also als to associate and connect with others that project as part of his Master’s degree in Library and Information Studies. His research addresses issues be problematic. Knowing how to best com- have similar values and beliefs, is closely associated with knowledge sharing across organiza- municate with those from other domains is linked to trust and can similarly influence tional and occupational boundaries. More specifically, not always clear. Individuals from different information sharing behaviours in complex it examines relationships between trust, homophily, and backgrounds or areas of expertise have dif- organizations. knowledge sharing amongst occupation-types that com- ferent information needs. Anticipating these Further study is required to understand monly respond to emergencies. In order to evaluate these relationships, Brian is surveying members of organizations needs ahead of time is critical to facilitating the influence that trust and homophily have on that respond to any aspect of emergency or disaster re- information sharing. knowledge and information sharing, particu- sponse. Participants will include law-enforcement, military, Similarly, inter-agency communication larly between occupation-types that commonly search and rescue, fire fighters, paramedics, public health also faces challenges due to the diversity participate in emergency response. officials, doctors, nurses, governments, non-governmental of culture, structure, and governance used Are individuals more likely to trust those organizations, as well as transportation agencies, public works, and utility companies. Brian would like to invite our throughout the participating groups. The from the same occupation type? community to participate in his online survey. Go to this chain-of-command structure of military and Is the degree to which individuals trust link to participate: http://bit.do/rely law-enforcement, for example, may not be each other dependent upon how often they For more information visit http://bit.do/emer well understood by aid organizations that use a collaborate with one another?

BLUE LINE MAGAZINE 45 APRIL 2016 Advertisers Directory Mountie bargaining rights moving forward Learn more about these Canadian Law Enforcement suppliers at OTTAWA — An organization represent- whether to be represented by a bargaining www.BlueLine.ca ing many rank-and-file RCMP members says agent. It would make independent, binding collective-bargaining rights for the force arbitration the dispute-resolution process for must cover key issues such as harassment, bargaining impasses, with no right to strike. 247 Security 25 discipline and equipment. RCMP members are the only police in 3M Canada Company 25 The Mounted Police Professional As- Canada without a right to engage in collec- sociation of Canada says it will fight for tive bargaining. Currently, Mounties have 911 Gear 44 changes to recently introduced legislation voluntary associations funded by members’ Accident Support Services Int’l 37 to ensure these matters will be on the table dues that work with management to estab- American Military University 46 during contract talks. lish pay and benefits, but the top brass has Artcal Graphics 44 Former RCMP officer Rob Creasser, final say. Blue Line EXPO 48 an association spokesman, says members Creasser told a news conference Monday want to work with management on issues the force has been shaken by chronic harass- Blue Line Conference 2 in a collaborative — not top-driven — way. ment issues and the 2014 shooting deaths of Blue Line Gala 33 Last year, the Supreme Court of Canada three officers in Moncton, N.B. In addition, Calgary Police Service 44 affirmed the right of RCMP officers to col- the RCMP is 65th on the pay scale among CCPSE 19 lective bargaining and gave the government forces in Canada with 50 members or more. time to create a new labour-relations regime. The retired Mountie said he has a Colt Canada 37 The high court did not explicitly state that 22-year-old son who is looking at law Commissionaires 39 Mounties have the right to form a union, but enforcement as a career. “I would love for Cornerstone Mediation 44 the justices effectively opened the door to him to join the RCMP. But I can’t in good CPKN 23 that possibility. conscience recommend the organization to Earlier this month the Liberal govern- him right now.’’ CSI Forensics 45 ment tabled legislation that would allow Dalhousie University 29 RCMP members and reservists to choose To subscribe to Blue Line News Week go to www.blueline.ca. Fisher Space Pen 44 Georgian College 11 Gray Jay Leather 44 Heroes Are Human 40,45 Humber College 13,31 IDR — Mending Broken Fences 36 iKey, Ltd. 7 Investors Group – Shaun Muldoon 44 MD Charlton Co. Ltd. 47 MedicAlert Foundation Canada 26 Mitsubishi Motor Sales of Canada 32 Momentum Watch 44 OMVIC 15 Pride in Service 44 Priority Dispatch 21 Savage Range Systems 36 Smith & Wesson 4 Target Sports 44 Teel Technologies Canada 23 The Canadian Institute 31 Toronto Blue Jays 17 TPS Museum & Gift Shop 45 Travers Communications 44 Triform 42 University of Guelph 40 University of Guelph-Humber 9 William Scully 44 Wolverine Supplies 35 Wolverine Worldwide, Bates 41

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