January 2003 Inside This Edition Volume 15 Number 1 Blue Line Special Seminar Series 4 Blue Line Magazine 12A-4981 Hwy 7 East Ste 254 Publisher’s Commentary 5 Markham, ON L3R 1N1 Canada Michigan State Police tests 2003 6 Ph: 905 640-3048 Fax: 905 640-7547 patrol vehicles eMail: [email protected] For the first time in 20 years it looks — Publisher — like a three-way race Morley S. Lymburner eMail: [email protected] Spike belt safety 10 The Ontario Police College — General Manager — Mary Lymburner, M.Ed. teach deployment eMail: [email protected] techniques — Editor — Mark Reesor It’s not just an accident anymore 12 eMail: [email protected] — News Editor — A pro-active approach to mitigation 13 Les Linder An edited digest of the Parks Canada Risk eMail: [email protected] Assessment Review — Advertising — Mary Lymburner The 2003 Michigan State Police Trials are Dean Clarke DEEP BLUE 16 becoming more interesting now that all three Bob Murray We’re lousy at judging our abilities big American automobile manufacturers are eMail: [email protected] again aggressively competing for police busi- — Pre-press Production — READER RESPONSE 17 ness. Testers found that all three companies Del Wall have made improvements, with Daimler/ Chrysler and Chevrolet narrowing the gap on — Contributing Editors — WINNING STRATEGIES FOR LIFE 19 Communication Skills Terry Barker Communicate with clarity Ford. The complete report should now be avail- Police Management James Clark able on the NLECTC’s web site (http:// Tactical Firearms Dave Brown CASE LAW 20 www.nlectc.org/testing/vehicles.html). Technology Tom Rataj • Duty to protect life doesn’t require Continuing on the car theme, Blue Line Psychology Dorothy Cotton News Editor Les Linder profiles the Ontario Case Law warrant Mike Novakowski • Police partly liable for drunk Police College’s spikebelt safety course. Too Blue Line Magazine is published monthly, September to June, by prisoner’s death many officers have been killed in recent years Blue Line Magazine Incorporated with a mailing address of: • Facts, not time, define 12A - 4981 Hwy. 7 East, Ste. 254, deploying the tire deflation devices the wrong Markham, Ontario, L3R 1N1. unreasonable delay way or taking chances in a bid to stop viola- Individual magazines are $3.50 each. Subscriptions are $25.00 per year or $40.00 for 2 years. (Foreign - $50.00 U.S.) tors. Linder’s article is a must read for every All material submitted for publication becomes the property of Blue THE BLUE LINE FORUM 24 Canadian police officer — as OPC instructor Line Magazine unless other arrangements have been made with the Jerzy Kwiatkowski warns his students, a lot publisher prior to publshing. The authors, advisors and Publisher accept no liability whatsoever A perception of bias 26 of people think they can guess how soon a for any injuries to persons or property resulting from the application or speeding car is going to reach them; “most are adoption of any of the procedures, tactics or considerations presented in A policy to address racially biased policing this magazine. Readers are cautioned and advised that articles presented wrong and it will cost them their life.” herein are edited and supplied for your personal awareness and should Investigating vehicle accidents has tradi- not be used for further action until appropriate advice and guidance is Britian’s big brother image raises 29 received from a supervisor, Crown Attorney or other person in authority. tionally been a less than a status symbol job in Established in 1988, Blue Line Magazine is an independent questions about surveillance many police departments. “It’s just an acci- publication designed to inform, entertain, educate and upgrade the skills of those involved in the law enforcement profession. It has no direct dent,” colleagues say — but as Vancouver Po- control from a law enforcement agency and its opinions and articles do not Police and mental health workers meet 30 lice Department Sgt. Jess Ram points out, necessarily reflect the opinions of any government, police, or law enforcement agency. Unique meeting recognizes need many more people are killed in accidents than ©2003 - All articles are protected by copyright. No part of this for co-operation murdered each year — and in Vancouver, at publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording least, ‘it’s not just an accident anymore.’ or by any information storage or retrieval system without permission. COMING EVENTS 32 It took a freedom of information act request Internet activity is monitored and use or reposting of material on to get a risk assessment review on Canada’s the Internet is restricted. Art of the sting 33 game wardens that Parks Canada didn’t want Undercover officers explain how you to see. The reviewer, JIBC’s Steve Hess, they caught murderer found wardens encounter even more risks than This publication is a private venture and receives no police officers and recommends sweeping subsidy or grant from any level of government. PRODUCT NEWS 34 changes to ensure their safety. — Affiliations — Also in this issue — Dr. Dorothy Cotton International Association of Law Enforcement Planners POLICE MANAGEMENT 35 looks at how good we are at judging our abili- Canadian Advertising Rates & Data Unleashing the leaders within ties and tells us about the first annual meeting International Police Association between police officers and mental health work- The Police Leadership Forum The Canadian Press Newswire ers; Mike Novakowski serves up another triple TECHNOLOGY 36 helping of case law; Danette Dooley tells us Printed in Canada by Janson Printing Service Customized cars can be dangerous about how undercover officers from two prov- ISSN #0847 8538 inces worked together to catch a murderer and Canada Post - Canadian Publications Mail THE BACK OF THE BOOK 38 Tom Rataj looks at the dangers presented by Product Sales Agreement No. 176796 The toss of a coin customized cars.

January 2003 3 BLUE LINE SPECIAL SEMINAR SERIES April 29th or 30th COURSE OUTLINE PRESENTER With the recent tragic events ing mandatory for officers responding school thrust into the forefront of calls where an armed suspect is believed to be A Halton Regional Police officer with over 15 our society you now have on the premises. The Blue Line Trade Show gives years of experience, Chris the unique opportunity to be you an opportunity to be appropriately trained Collins is the tactical rescue trained in Extraordinary in this response mechanism. unit team leader and the Rapid Deployment at the The course examines actual incidents and founder / president of the Blue Line Trade Show, April provides critical information for first respond- Southern Ontario Law En- 29 or 30, 09:30 to 11:30 hrs. ers. It shows specific officer deployment tac- forcement Training Associa- This Extraordinary Rapid Deployment tics, formations, and cornering strategies. Also tion. He can be reached at: (ERD) training is presented by the Sothern On- covered are police, contact, and rescue team [email protected]. tario Law Enforcement Training Association. priorities, equipment, and procedures. WHO SHOULD ATTEND It is vital to all police officers, particularly those Attendees will receive a certificate of attend- • All front line officers on the front line. Ontario has now made this train- ance upon completion of the seminar series. • Supervisers • Tactical officers • School liaison officers • Campus police services Ontario Gang Investigators Association (ONGIA) April 29 or 30, 13:30 to 15:30 hrs.

SEMINAR OUTLINE This seminar aims to empower police and ci- vilians alike with the tools nec- essary to combat street gangs. You’ll learn the tell tale signs of gang member- ship and their key motiva- tional factors. Criminal street gangs im- pact the community in reprehen- sible ways. The Ontario Gang Investigators Association has partnered with Blue Line Magazine to offer an intense gang training module for the civilian and law enforcement communities. They will examine the history of criminal street gangs and the most common warning signs of gang membership and association. This will heighten delegates’ awareness of the vari- ous stages of gang involvement. This seminar will discuss key strategies which focus on interdiction, intervention and education. Upon successful completion, each attendee will receive a certificate from the On- tario Gang Investigators Association.

WHO SHOULD ATTEND • All front line officers • Investigators • Crime analysts • Crime prevention officers • School liaison officers • Campus police services • Security and civilians REGISTRATION These half-day courses will be held on April 29 and repeated April 30 between 09:30 and 15:30 hrs. The cost is $50 + GST. Register for either day on-line at www.blueline.ca or Phone 905-640-3048

January 2003 4 A truly meaningful New Year’s Resolution by Morley Lymburner the credibility of any agency. voluntary program. The Commission on Accreditation for Law Besides the recognition of obtaining inter- What do all these agencies have in common? Enforcement Agencies, Inc. (CALEA), was national excellence, the primary proven ben- •Peel Regional Police - 1,836 members established as an independent accrediting au- efits of accreditation include: •Edmonton Police Service - 1,530 members thority in 1979.The Commission has 21 mem- • controlled liability insurance costs; •Winnipeg Police Service - 1,476 members bers; 11 members are law enforcement practi- • administrative improvements; •Niagara Regional Police Service - 858 members tioners; the remaining 10 members are selected • greater accountability from supervisors; •Brantford Police Service - 182 members from the public and private sectors. Commis- • increased governmental and community support; •Lethbridge Police Service - 143 members sioners are appointed to a term of three years. • increased confidence of staff and community. •Canadian Pacific Railway Police - 135 members The position of Commissioner is voluntary and And just in case you may think that only •Brandon Police Service - 95 members receives no salary. police gain benefits from CALEA you should •Six Nations Police Service - 31 members CALEA maintains a small, professional also know that organizations such as Alberta •Camrose Police Service - 30 members staff, managed by an Executive Director, avail- Transportation, Inspection Services were also •Niagara Parks Police - 24 members able to assist applicants and accredited agen- recently accredited. University security and They have been certified by the Commis- cies through a toll-free telephone number. police services as well as private security com- sion on Accreditation of Law Enforcement Agen- The overall purpose of the Commission’s panies are examples of other agencies that can cies (CALEA). They all have the confidence of accreditation program is to improve delivery reap enormous benefit. their community that they meet recognized of law enforcement service by offering a body Over 650 agencies are currently accredited standards of acceptability and performance. Fur- of standards, developed by law enforcement around the world and every five years they are thermore this can be proven by CALEA, an in- practitioners, covering a wide range of up-to- checked again to ensure they have maintained ternational organization set up to ensure this date law enforcement topics. It recognizes pro- this standard. There is no agency who can not quality of service. As a further assurance to the fessional achievements by offering an orderly afford this process. Here is a New Year’s reso- community each police agency has the right to process for addressing and complying with ap- lution that is completely attainable. Communi- proudly carry the accreditation seal as a decal plicable standards. ties everywhere have a right to expect it and emblazoned on the both sides of their vehicles. Successful completion of the accreditation police services should show leadership by in- Too many top managers of police agencies program requires commitment from all levels sisting on it. across Canada spend a lot of time naval gaz- of the organization, starting with the chief ex- ing. The competitive environment that has de- ecutive officer. To foster commitment, a deci- veloped between the three levels of policing has Find out more about CALEA and the over sion to participate should be voluntary. To this contributed to this attitude of looking inward 650 accredited agencies by going to end, the Commission insures that law enforce- and comparing their own agency with others. www.BlueLine.ca then go to BlueLinks. ment accreditation is and will continue to be a Smaller agencies fear they must fend off amalgamation by showing they are better than the bigger forces because they can deliver “Community Policing.” Too often it turns into their home-grown version of a feel good local cuddly cop on the corner. Larger police departments simply feel they are too large to worry about competing with other agencies. They are, however, concerned about internal scandals that may signal false impres- sions to the community that they are simply too big to manage; their policies and procedures are too ingrown and out of pace with the realities of modern policing. Advising the community that their own internal stamp of approval is good enough simply does not wash anymore. Where larger agencies worry about line of command and accountability processes and pro- cedures, smaller agencies worry about credibil- ity with their staff, the community and other agencies. In Canada very few have sought out- side help to address these concerns. They either look inwardly to find solutions that affect them outwardly or simply bumble along day by day and hope no embarrassing issues arise. CALEA is designed to allay these fears and issues but too few Canadian police services have availed themselves of their services. CALEA is a single source one-stop-shop de- signed specifically for the purpose of showing your community and your members that you are doing everything correctly. The process dis- sects your organization in every aspect of its operations and either confirms you are doing it right or where you need to improve. Confirma- tion that some existing processes are correct certainly feels good but being able to let go of long entrenched bad policies can only improve

January 2003 5 For the first time in 20 years all three ma- where vehicles with inadequate performance, hicle that may be used by law enforcement jor car manufacturers are aggressively compet- such as regular production passenger vehicles agencies for specialized use (e.g., off-road, in- ing for police fleet dominance. not specifically designed for police service, are clement weather, K–9, or commercial vehicle Every year the Michigan State Police in selected because they cost less than police pack- enforcement), but is not designed or manufac- conjunction with the US based National Insti- age vehicles. Although some agencies have had tured to be used in high speed or pursuit situa- tute of Justice test the latest model year patrol limited success with nontraditional police ve- tions. By creating this distinction, it is hoped cars submitted by major manufacturers. For the hicles, most find that the increased maintenance that it will be easier for agencies to realistically past ten years only Ford has produced a high costs quickly offset any initial savings. assess the capabilities of each vehicle. ranking police car that met the best require- For more than 25 years, the Michigan State Each vehicle is subjected to six major tests ments of the NIJ Standards. Police (MSP) has conducted extensive evalua- and evaluations. The results are weighted to re- This past September the tests proved that tions of the performance capabilities of each flect the relative importance of each attribute as both DaimlerChrysler and Chevrolet are now new model year’s police vehicles as part of its related to MSP operational requirements. closing the gap with the most advances seen in annual vehicle procurement process. Since Four police-package vehicles were submit- the new Intrepids. 1981, the US National Institute of Justice (NIJ), ted for evaluation. The MSP vehicle specifica- Patrol vehicles are among the most critical through its National Law Enforcement and tions, test categories and scoring reflect MSP purchases that a law enforcement agency makes. Corrections Technology Center (NLECTC) needs. If your department employs this or a simi- For both large and small agencies, they frequently system, has sponsored these tests through a lar method, consider your own needs carefully represent the second largest expenditure, after partnership with MSP. and alter the weighting factors accordingly. personnel, in their annual operating budgets. The 2003 model year patrol vehicles were Selecting a vehicle that balances both budg- evaluated from September 21 through 23, 2002. What’s new for 2003 etary and performance requirements has be- For the purposes of the MSP evaluation, po- AM General: The AM General Hummer was come an increasingly challenging task for po- lice-package vehicles are those that are de- once again submitted for testing as a police- lice fleet administrators. Many agencies are signed and manufactured for use in the full spec- package vehicle. There are no significant painfully aware of the consequences that result trum of law enforcement patrol service, includ- changes from the 2002 model. from being ‘penny wise and pound foolish,’ ing pursuits. A special-service vehicle is a ve- Chevrolet: For the 2003 model year, the Impala is once again available in both the 9C1 police package and the 9C3 unmarked police pack- age. One enhancement for the 2003 model year is that the fuel cut-off has been increased to 129 miles per hour (mph). Also, the following items that were optional in previous years are now standard: • Engine oil cooler • External transmission oil cooler • Low frequency radio interference suppression • UT7 ground stud for the electrical system DaimlerChrysler: DaimlerChrysler’s entry in

January 2003 6 the 2003 model year tests is the Chrysler Intrepid bined average of the five fastest laps of each sedan, which was introduced in 2002 as the first of the four drivers. police package sedan entered by the company Acceleration since the Dodge Diplomat in 1989. The 2003 Objective: To determine the time required for Intrepid remains basically unchanged from 2002. each test vehicle to accelerate from a standing Representatives of DaimlerChrysler’s police start to 60 mph, 80 mph and 100 mph. vehicle engineering team state that the power Methodology: Using a Datron Non-Contact steering and antilock brake system (ABS) have Optical Sensor in conjunction with a personal been enhanced from the 2002 model and side computer, each vehicle is driven through four air bags and remote keyless entry are now avail- acceleration sequences — two northbound and able as optional equipment. two southbound to allow for wind direction. Ford: The 2003 Police Interceptor was introduced The average of the four is the score on the com- as a midyear replacement in March 2002 and a petitive test. preproduction version was evaluated in 2002’s tests. The 2003 models feature a new, Top speed Objective: To determine each vehicle’s speed hydroformed steel frame, which Ford engineers Ergonomics and Communications state will improve the strength of the frame and after one and two miles and the actual top speed improve front-end crash performance. Also new attainable within a distance of 14 miles from a are the shocks, springs, suspension and rack-and standing start. pinion steering. The brake system is all new and Methodology: Following the fourth accelera- ABS is now standard. A new tire, the Goodyear tion run, the vehicle continues to accelerate to Eagle RS–A Plus, is featured, which Ford engi- the top speed attainable within 14 miles from neers say will improve steering feel, wet and snow the start of the run. The highest speed attained traction and has longer tread life. Powertrain im- within the 14 miles is the vehicle’s score on the provements include a new variable speed electric competitive test. fan for engine cooling and a knock sensor pre- vents detonation from low-octane fuels. New interior safety features for 2003 include a higher headrest, which provides greater sup- port behind the head in a crash to prevent whip- Objectives: To rate the vehicle’s ability to pro- lash. For units produced after July 2003, side air vide a suitable environment for patrol officers bags will be standard on vehicles equipped with to perform their job, to accommodate the re- power seats and optional for vehicles equipped quired communications and emergency warn- with manual seats. Ergonomic interior improve- ing equipment and to assess the relative diffi- ments include adjustable cup holders to accom- culty of installing the equipment. modate a wide variety of cup sizes and a new Methodology: A minimum of four officers in- power point below the cup holders provides a dependently and individually score each vehi- location to plug in additional equipment. To as- cle on comfort and instrumentation. Personnel sist in installing aftermarket equipment such as from MSP’s Communications Division who are emergency lighting systems, radios and comput- ers, a new power distribution box is standard in responsible for new car preparation conduct the the passenger compartment and optional in the Braking testing communications portion of the evaluation, based trunk. It provides ten fuse locations to provide Objective: To determine the deceleration rate on the relative difficulty of the necessary instal- power to aftermarket equipment and signal con- attained by each test vehicle on twelve 60-to-0 lations. Each factor is graded on a one to ten nections for six key functions. mph impending skid (threshold) stops, with scale, with one representing totally unacceptable A compressed natural gas (CNG) version ABS in operation if the vehicle is so equipped. and ten representing superior. The scores are of the Police Interceptor was scheduled to be Each vehicle is scored on the average decel- averaged to minimize personal prejudice. available this month, however Ford elected not eration rate it attains. to submit one for testing for this model year. Methodology: Each vehicle makes two Fuel economy The 2003 CNG model will feature the same decelerations at specific, predetermined points 4.6L engine as the gas model and will meet ul- on the test road from 90 to 0 mph at 22 ft/sec2, tra-low emission vehicle (LEVII) standards. with the driver using a decelerometer to main- tain the deceleration rate. Immediately after these Vehicle dynamics testing heat-up stops are completed, the vehicle is turned Objective: To determine high-speed pursuit around and makes six measured 60-to-0 mph handling characteristics. The two-mile road impending skid (threshold) stops with ABS in racing course contains hills, curves and cor- operation, if the vehicle is so equipped, at spe- ners; except for the absence of traffic, it simu- Objective: To determine fuel economy poten- lates actual pursuit conditions. The evaluation cific, predetermined points. Following a four tial. The scoring data are valid and reliable for measures each vehicle’s blending of suspen- minute heat soak, the entire sequence is repeated. sion components, acceleration capabilities and The exact initial velocity at the beginning of each comparison, but may not necessarily be an accu- braking characteristics. of the 60-to-0 mph decelerations and the exact rate prediction of the car’s actual fuel economy. Methodology: All vehicles are driven over the distance required to make each stop is recorded. Methodology: The vehicles’ scores are based course a total of 32 timed laps by four sepa- The data resulting from the 12 stops is used to on estimates of city fuel economy to the near- rate drivers, each one driving an eight-lap se- calculate the average deceleration rate, which is est 1/10 of a mile per gallon from data supplied ries. The final score for the vehicle is the com- the vehicle’s score for this test. by the vehicle manufacturers.

January 2003 8 Repeat drunk drivers avoiding conviction Nearly 40 percent of repeat drunk drivers 40 percent of repeat offenders fail to report to in the US ignore court orders and take advan- their probation officer, thereby avoiding tage of other loopholes to avoid sentences court-ordered penalties. The solution? Cen- handed down by judges, who themselves tralize monitoring and reporting activi- are frustrated by a system they say is ties under probation and parole depart- overly complicated and chronically ments who are in the best position to under resourced. confirm with various agencies in- That’s the main conclusion of volved in drunk driving cases that a new traffic safety study which sur- offenders are complying. veyed 900 judges from 44 states. The • Problems with evidence: Insuf- top problems they mention are inadequate systems ficient or inadequate evidence may force judges to ensure sentences are being carried out, insuffi- to accept pleas to lesser charges, dismiss cases cient and incomplete evidence at trial, which often or impose reduced sentences. In addition, judges results in cases being dismissed and overwhelm- say they lack adequate knowledge about scien- ing caseloads requiring them to review up to 200 tific issues that often arise in drunk driving cases. cases per day. The solution? More and better training for judges. “What we’re dealing with are individuals who • Excessive caseloads: Some judges report they re- have figured out they don’t have to do the time, view up to 200 cases per day, resulting in limited even though they’ve done the crime,” said Herb contact with offenders and familiarity with the Simpson, Ph.D., President and CEO of the Traffic details of cases. The solution? Almost half (43 Injury Research Foundation (TIRF). “However, the percent) of judges surveyed said more judges are study also shows that meaningful progress can be needed to manage caseloads effectively. In addi- made in reducing drunk driving by forcing repeat tion, judges want to see greater use of specialized offenders to comply with a system that clearly DWI courts, which permit swifter resolutions, re- needs fine-tuning and greater resources.” duce case backlogs and improve outcomes. TIRF, an Ottawa-based independent road The remaining problems encountered by safety institute, conducted the survey as part of a judges include delays in case processing; defend- comprehensive three-year study funded by ants’ failure to appear in court; inadequate record Anheuser-Busch. systems; inconsistent sentencing for repeat of- Specifically, the top problems uncovered in fenders; laws mandating minimum sanctions; and the survey include: the interpretation of technical evidence and com- • Inadequate sentence monitoring: Judges say that plex laws is challenging for juries.

For further details go to BlueLinks at www.blueline.ca

For further details go to BlueLinks at www.blueline.ca January 2003 9 Spikebelt safety course will keep cops alive

Kwiatkowski (left) observes as the student prepares to retract the device.

safe techniques or because they didn’t use proper cover. The student deploys the device and stays The officer should be leaning forward and out of sight in front of his cruiser. remaining low and close to the front of the cruiser, using the trunk to help hide them from view. cially spike belt deployment. Kwiatkowski explains that this is done to avoid “While a license plate is important data, it drawing attention as the suspect approaches. isn’t when you want to set out a tire deflation de- Ken Lester, police vehicle operations co- vice. You’re not going to be reading that plate ordinator at OPC, warns of the reasons to never number when it’s coming at you over 100 km/h.” step out from cover onto the road. Photos: Mark Reesor Instead, he says, the officer should focus on “It all comes down to maintaining cover and An OPC student watches from cover of his information that will help the person deploy- avoiding motion,” Lester says. “If you step out cruiser as a suspect vehicle approaches. ing the device to spot the vehicle. Model, make there, you’re just creating motion and that is of car, vehicle colour, location and direction of going to draw the driver’s attention to you and by Les Linder travel are far more important. Updating the situ- the spike belt. He may panic and swerve to avoid Students at the Ontario Police College ation every 10 to 15 seconds is also important the trap and instead just plow right into you.” (OPC) are learning how to avoid being killed and at the very least, information should be re- To properly deploy the device, either toss it when deploying tire deflation devices during peated now and then so it is clear to all offic- out on the road (such as with a Stop Stick) or pursuits — and they’re proving there’s plenty ers, especially the person with the spike belt. slide it out on the road (Stinger) while remain- of tricks to teach even old dogs. Kwiatkowski also points out that a lot of the ing covered by the front of the cruiser. Release When South Simcoe Cst. Alan Kuzmich work can be done before a pursuit ever begins. the string attached to the device immediately and was killed in August 2002 while trying to de- “It’s always a good idea to keep in mind place a foot down on the string to hold it in place. ploy a spike belt in a pursuit, police officers key locations or ideal spots for a spike belt while “Once the suspect vehicle passes over the across Canada were reminded of the danger going about your routine patrol,” he says. “Keep device, yank it back immediately with the string using the device poses. OPC is working to en- your eyes open and pay attention to the sur- so pursuing cruisers can pass safely.” sure future officers don’t make the same mis- roundings in your area so you know the best Kwiatkowski stresses it is important to pull the takes by including deployment techniques as a spots to be when a pursuit happens. This can device back far enough so it is not resting in part of their regular police training. make a tremendous difference and lead to a front of your own cruiser’s tires. Jerzy Kwiatkowski, police vehicle opera- safer arrest.” “In case you decide to quickly get back in tions instructor for the college, points out that While tire deflation devices generally don’t your car and either leave the device behind or many of the things students learn are also im- cause a vehicle to lose control, since air is let forget it, the last thing you want is to run over portant for veteran officers to remember when out gradually, it can still become more difficult your own spike belt.” involved in pursuits. The training includes hav- to steer, especially with buses, trucks and other However, sometimes the officer fails to ing each student practice deploying tire defla- large vehicles. Kwiatkowski emphasizes it is deploy the device properly in the first place and tion devices on a vehicle passing by them and important to keep that in mind when following it either lands in the wrong spot or in a manner deployment in a simulated pursuit involving nu- a spiked vehicle or if an officer accidentally where it won’t work when a car runs over it. merous cruisers and a suspect vehicle on the runs over a spike belt. Under no circumstances should an officer OPC’s vehicle course. The course is capped off Most models of belts are designed to stop ever go out on the road to correct a device that with a simulated takedown by numerous offic- passengers cars but can still be used and will didn’t deploy properly, Kwiatkowski says. ers of a suspect in a stopped vehicle. sometimes succeed in stopping large vehicles. “Sometimes it simply won’t work. Just During the hands-on training, Kwiatkowski Kwiatkowski warns never to deploy the device leave it alone, that’s the way it is going to have teaches proper tire deflation device techniques against a motorcycle, as it will likely cause a to be. Don’t even think for a second you can go and important information to keep in mind crash and serious injury. out there and fix it, because that’s exactly how when out in the field. When working with his students, officers get hurt or killed.” “When the pursuit begins, remember to keep Kwiatkowski teaches numerous important Most people, including many officers, don’t back and away from the suspect’s car,” he says. points that all officers should keep in mind have the ability to accurately gauge how quickly “Put them in a false sense of security that they while deploying tire deflation devices. a vehicle will be upon you when travelling at a are actually escaping. You don’t want to get close For example, when arriving at the location high speed, he explains. because when you do, they drive faster and more where the device is to be deployed, open the “A lot of people think they can guess when aggressively, hoping they can evade you. trunk and leave it raised so it obscures the cruis- a car travelling 120 km/h is going to reach you. “Also, if the suspect gets around a corner er’s roof lights. Most are wrong and it will cost them their life.” and doesn’t see you behind them right away, “Always deploy the device from the front During the exercises, several students could they may feel it is the perfect time to ditch the of your cruiser,” he explains. “Officers who be seen deploying the device incorrectly. Each car to flee and hide on foot. This is exactly what don’t do this can more easily be injured or killed time, the students almost stepped out onto the you want to happen, as a foot pursuit is far less because they don’t have sufficient cover from road and seemed eager to go fix it as the sus- dangerous to the public than a vehicle pursuit.” the approaching car.” pect car approached (albeit slowly), but not Kwiatkowski adds it’s important for rook- He added that officers who were killed in before an instructor reminded them to stay put. ies and veterans alike to remember how crucial South Simcoe, Sudbury, Alberta and Quebec “This is exactly how we lose officers,” it is to communicate during pursuits and espe- died during deployment partly because of un- Kwiatkowski says. “This is why we try to drill

January 2003 10 into their heads never to step out there, prevent it from happening.” even if they think they can make it.” He says the program is a far cry Another problem Lester points out is from previous methods of training that the instructional videos for many of when officers were simply shown the the devices suggest unsafe techniques for device, a video, an explanation of how deployment that some officers may have it works and then simply told to use it. seen and mistakenly follow. Lester points out, however, that “The video for the Stinger says the the deaths of officers is rarely caused officer should go out onto the road and because of the device itself. then drag the spike belt back to the front “There’s not a whole lot to be im- of his cruiser,” Lester explains. proved on most tire deflation devices. “This is terribly flawed and very Most of them work just fine when de- dangerous since it exposes them to be- ployed and I can’t really say there is a ing noticed and even being hit by other specific design flaw that makes offic- cars. It goes against everything we teach Kwiatkowski (right photo, center) demonstrates to his class ers vulnerable.” about safety and cover, so we tell our how to keep cover using the cruiser after deployment. He says most often it is simply students to ignore them completely.” human error and the fault of the officer for step- In a situation where an officer knows an- the vehicle was approximately 50 metres away, ping out onto the road or not using proper cover. other car is directly ahead of the suspect vehi- making it unlikely that the officer could have “I can understand why officers get the im- cle, Lester says the officer must make a deci- stepped out on the road without being hit. pulse to step out and correct the device when sion between the pros and cons of deploying An instructor informed the student to stop they don’t put it out there properly,” he explains. the device or not. tugging the string as it was creating motion and “They know they are close to ending the pur- “Worst case scenario is you flatten a few could draw attention to himself. suit and think that if they just fix it, they can tires on an innocent person’s car and your serv- “It didn’t work out this time,” Lester said end it right there. They’re so determined to do ice will be on the hook for the cost of some afterwards. “Sucks to be you, but guess what? tires,” Lester says. “Ask yourself how impor- You’re safe. You get to live to do it again an- their job right that it can be dangerous. tant it is to catch this suspect and then make other day and that’s all that matters.” “Sadly, it’s the officer’s own dedication to your decision.” Lester explains that the current system has his job and devotion to protect the public that During the simulated pursuit portion of the proven effective and safe, as no Canadian of- can get him killed. training, a student officer could be seen deploy- ficers who were using their vehicles as cover “We have to make sure officers remember ing a Stop Stick device which had landed too far have been injured or killed. There also hasn’t to fall back on their training; it will help keep out on the road. The student momentarily been a Canadian case where a suspect crashed them alive.” flinched as if he was about to step out from cover into the back of an officer’s cruiser while they to fix it, but seemed to remember his instruc- were parked on the side of the road. For more information, contact police vehicle tions and instead opted to try fixing it from cover “Officers can be lost when they forget the operations co-ordinator, Ken Lester at 519 773- by tugging on the string to nudge it into the technique and officers have been lost because 4416 or [email protected]. proper position. At the time this was happening, of this. That’s what the training is here for, to

For further details go to BlueLinks at www.blueline.ca January 2003 11 It’s not just an accident anymore by Jess Ram CIU’s technological advances. Its surveying skills and equip- A common com- ment have been used in several plaint from police homicides and serious assaults officers who regu- to map forensic data, assisting larly investigate in capturing large-scale crime serious and fatal scenes and producing accurate collisions is the lack and detailed diagrams for court of respect they’re af- purposes. In addition, DNA forded by other investigative technician skills have also been branches. The phrase “it’s just an ac- made available to other squads, cident” is often bantered about including the sexual offence around report writing rooms and squad. mistakenly used by non-traffic types The CIU has become in- to describe the complex and lengthy creasingly involved with pro- investigations that are completed by active programs designed to collision analysts and reduce collision rates. In addi- reconstructionists. tion to regular enforcement The sobering fact is that the strategies, the team helped pro- Vancouver Police Department duce a Public Service An- (VPD) Collision Investigation Unit nouncement (PSA) entitled (CIU) investigates the majority of Speeder’s Club, targeting street homicides in the city — an average racing and youth. This is cur- of 36 fatal collisions a year since 1990, rang- divide the responsibility for accident investi- rently airing on local Vancouver television sta- ing from a high of 44 to a low of 25. That com- gation among general duty/patrol officers and tions. Current local radio spots include a CIU pares to an average of about 22 murders a year traffic members, the Vancouver CIU manages member speaking about the dangers of speed- — and the murder rate has decreased for the the entire file, including responding to the ini- ing drivers. past five years, dropping to 19 in 2000 and 15 tial calls for service. With assistance from mo- The Collision Investigation Unit has also in 2001. torcycle units and general patrol members, their used problem oriented policing concepts in Why then are traffic fatalities viewed as not tasks include: problem traffic areas and has helped test new as important as “real homicides?” One expla- • Securing the scene. roadway compounds for the Department of nation is that, until recently, the media repre- • Collecting forensic evidence. Engineering, ensuring that the new noise-re- sented traffic related deaths as the price of • Collecting and analyzing roadway evidence. ducing compounds don’t negatively affect progress and high traffic volume; the cost of • Recording the scene through photos and com- braking efficiency. living in a big city. In fact, Canadian Criminal puter mapping. Training is another area where the CIU has Law does not recognize traffic homicides with • Interviewing witnesses and interrogating flourished. Members have trained recruits at the specific vehicular homicide legislation, as do suspects. Justice Institute of British Columbia in radar many U.S. jurisdictions. As a result, they’re • Compiling the various external reports. operation and on-scene investigations. They’re prosecuted under more general laws such as the • Making final recommendations to Crown also working to replace the collision analyst and criminal negligence, dangerous driving or im- Counsel for charge approval. reconstruction programs that the Canadian Po- paired driving sections of the Criminal Code. There’s been considerable technical ad- lice College recently announced it was drop- It’s only in the last few years that the vances in the entire collision reconstruction com- ping. This includes working with the Justice Greater Vancouver area has focused on street munity over the last four years. The ‘Leica Total Institute of British Columbia toward a foren- racers and high profile traffic related deaths, Workstation Laser Transit’ and ‘Compaq IPAQ’ sics investigation applied science degree pro- giving these investigations front page status. have all but replaced the fiberglass tapes that gram. Programs have also been developed to They lack the appeal of a high profile murder were used to measure all serious and fatal colli- educate local fire departments about the job of of a notorious underworld figure or estranged sion scenes. Diagrams are now reproduced with collision investigators and illustrate firefight- lover, but the recent scourge of street racers ter- the aid of computer assisted drawing programs. ers’ role in preserving evidence. rorizing an innocent and unsuspecting public Several investigations of fatal collisions have On a more personal note, while these has shifted the focus. used DNA analysis; it was instrumental in iden- changes have not come without their own chal- These stories have media appeal — sensa- tifying the driver in a hit and run and confirmed lenges, supervising this group of individuals has tional action, emotional tragedy for the victim the identity of the driver in several other acci- been a wonderful experience. The important and can potentially effect any unsuspecting dents. Most Vancouver CIU unit members are principle to remember is that we train them to member of society. now qualified DNA sampling technicians. be collision investigators and they are experts Recent high profile traffic deaths in Vancou- The VPD recently acquired a crash data re- at what they do. All they require are the tools, ver and BC’s lower mainland caused the media trieval system, which retrieves vital data in a training and organizational support to do what to sit up and take notice. One thing quickly be- vehicle’s sensing and diagnostic module that is they do best. The quality and comprehensive- came clear — the manner in which accident in- captured just prior to airbag deployment. It can ness of their work is unmatched. vestigations are carried out has undergone a no- include vehicle speed, throttle and brake set- Collision investigators are really homicide table transformation in the past four years. tings and seatbelt usage information and has investigators and it is about time they’re given Attached to the traffic section, the CIU’s been used in several collisions to support other the recognition that they deserve. From where 18 constables and two sergeants, working a four physical evidence. I stand, it’s not just an accident anymore. on and four off rotation, employ a team ap- Many of these technological advances have proach to investigations. As many as nine of- been made possible through corporate Sergeant Jess Ram is in charge of Vancouver ficers and a sergeant may work on a single ac- sponsorships with companies such as the In- Police Department’s Collision Investigation Unit. cident, especially during the early stages of the surance Corporation of British Columbia. He can be reached at investigation. Other VPD investigative branches have al- [email protected]. Unlike some other police agencies, who ready recognized and taken advantage of the

January 2003 12 A pro-active approach to mitigation An edited digest of the Parks Canada Firearms Risk Assessment Review by Steve Hess ent upon the communication technology used in the field. Without consistent and immediate Parks Canada is at a crossroads. While ini- access to important intelligence information, tially envisioned as a resource management and wardens may be entering into situations una- protection agency, it has been increasingly ware of possible danger from persons. called to respond to activities typically within A significant mitigation strategy proposed the purview of police. by the service is requiring a 30-minute response Tourist visits to Canada’s National Parks time for emergency back-up, which is imprac- expanded dramatically after the Second World tical. Situations involving hostile people can War. The increase in visitors and trails meant accelerate within minutes and when they do, wardens spent less time patrolling backcountry back-up is needed immediately. areas and conducting wildlife protection duties The warden service probably deals with and more time responding to problems in the more people who have access to edged weap- individual campsites. They also had to develop ons or firearms then public police officers. Parks search and rescue skills as more visitors ven- Canada has authorized wardens to use long guns tured deeper into the parkland. (rifles or shotguns) during exigent law enforce- Poaching also became more of a problem, ment circumstances but this may actually in- especially as the additional tourists impaired crease the agency’s exposure to liability. Col- wildlife protection. Poachers likely felt they ing given the rugged terrain. Ironically, it is the lateral damage caused by the high penetrating could operate with impunity because of the lim- success of Parks Canada in promoting tourism power of rifle bullets and the scatter effect of ited presence of wardens in the backcountry. A that has highlighted some of the technological shotgun pellets may result in unintended injury. few were apprehended and convicted but the difficulties. For example, more people are ac- relatively low fines issued by the courts were cessing park backcountry and some need search Risk not a significant deterrent. Increased park ac- and rescue and patrol services, which present Parks Canada asked the review team to tivity also contributed to the expanding law en- significant communication difficulties because examine the Strategic Directions document and forcement role of wardens. the terrain impedes ordinary two-way radios the interim guidelines, which referenced a The term ‘law enforcement’ is poorly de- and current satellite telephone technology can mathematical formula intended to allow the fined in the context of the warden service. Early be cumbersome. The result is that emergency service to predict the amount of risk wardens in its development, it used the axiom “protec- assistance for wardens conducting backcountry face in the field. The original risk assessment tion deals with nature and enforcement deals patrols is compromised. mathematical model had a fundamental flaw; with people.” While catchy, the definition The review found that too much faith is it didn’t properly define probability estimates doesn’t help much to distinguish between the being placed in CPIC as a risk mitigation strat- and distinguish between consequences. duties of wardens and police officers. This prob- egy; while a vital tool, it’s fallible and depend- The agency asked the review team to de- lem was more fully explored in the Sime- Schuler Report, which suggested the service “should not be considered a law enforcement body, as this was primarily not its role... laws which are designed to protect the resources from people, or people from the resources, should be the responsibility of the warden serv- ice. Laws which protect people from other peo- ple, or property from people, should be a po- lice responsibility.” It further recommended that wardens “not be used for routine control activities such as parking cars, traffic control, catching dogs in townsites or town-site policing.” The report was controversial, especially its recommendations about curtailing law enforce- ment duties. Parks Canada had made parks in- viting to tourists. They represented a cross-sec- tion of society, so the law of averages predicted that there would be more vandalism, fights, do- mestic disputes and thefts. Without public po- lice to respond immediately, wardens became de facto police officers and some either enjoyed this expanded role or interpreted it as falling within their purview because these disturbances related to a park. The boundary between police and warden activities became blurred even more when traffic and liquor offences were added. There can be little doubt that the warden service has changed dramatically in the last 114 years. The romantic notion of the warden as a guardian of the wild has been slowly replaced with the image of a law enforcement officer who specializes in resource management. Conducting law enforcement duties in Canada’s national parks is particularly challeng-

January 2003 13 velop a mathematical model that could proaches to mitigating the risk posed to be applied to the service. In order to build officers from people armed with deadly it, the perceptions and activities of all full- weapons. In Britain, police officers as- time wardens were surveyed; 83 (32.2 per sess a situation and decide if firearms cent) of the 258 wardens responded. are needed; if so, they’re either deliv- Three key areas for analysis arose — the ered to the site or retrieved from locked percentage of time wardens spend con- containers in vehicles. ducting specific duties, how often they The second approach, adopted by felt ‘concerned for their safety’ and the every police force and most resource number of harmful incidents they en- management agencies in North America, countered. The percentage of time con- is to train all officers to assess potentially ducting specific duties has general im- dangerous situations and employ appro- plications for determining risk situations: priate mitigation strategies using readily • backcountry patrols: 14 per cent available equipment, including sidearms. • public safety (search and rescue): 11 per cent Implications and • protection operations & front country recommendations patrols: 27 per cent This review’s central purpose was • resource management: 24 per cent to conduct an independent, third-party • administration: 21 per cent perceptions of risk from people encountered analysis of the warden service’s miti- • other: five per cent revealed that over 95 per cent of respondents gation strategies and identify activities for Sixty six wardens had been concerned for agreed or strongly agreed with the presence of which it hasn’t sufficiently mitigated risk. War- their safety in the past five years — 14 hadn’t risk in their duties. A majority of incidences dens are conducting a significant number of — and three didn’t respond. Four of the 14 un- involved ‘verbal threats without a weapon,’ activities that are within the normal jurisdic- concerned respondents had administrative po- followed by ‘having a firearm pointed at the tion of local police and are not sufficiently sitions. A vast majority of respondents indicated officer’ and ‘physical threats without a weapon.’ equipped to respond if they escalate into vio- they experienced situations where they felt This data demonstrates that the potential for lence. Police officers have been injured and/or “mildly concerned for their safety” — some conflict (and injury) is high among conserva- killed in activities identical in many respects. were moderately to extremely concerned — and tion officers. There were 178 incidents where Based on empirical evidence, Canadian many worried about being “slightly injured.” BC conservation officers were threatened or park wardens are exposed to levels of threat The numbers do not, on the surface, appear physically assaulted by someone holding a similar to those of police and other North to be very high. A more telling statistic is where weapon between 1994 and 1996. Weapons in- American resource management officers. these events are taking place and what activity cluded knives, guns and items typically found While the frequency of risk may differ, the was being conducted at the time. A majority — in campgrounds such as axes, rocks, sticks, unpredictability of when a specific risk will 57 per cent — occurred during front country paddles, meat cleavers and bottles. be encountered means that park wardens need patrols while, for example, dealing with Saskatchewan Conservation Service’s En- to be prepared for all eventualities. Force op- campground complaints and intoxicated peo- forcement Compliance Branch has compiled tions theory-based models represent the most ple, breaking up large parties, evicting camp- enforcement activity and conservation injury coherent and justifiable approach to address- ers and investigating complaints of distur- data for approximately 11 years. Interviews ing threats of violence and this is an approach bances. Traffic enforcement, investigating with officials indicate that: used in the warden service training regime. poaching activities, arresting people and other • there have been 20 assaults on officers since Substantial deviations from the main tenets of activities accounted for the rest. These begin to 1995 this theory may result in serious liabilities for show a pattern of activity that replicates those • officers have been injured in five of the as- an organization. routinely conducted by public police outside saults While to date it appears that wardens are national parks. • male offenders were responsible for 90 per not being significantly harmed by people while Several survey respondents mentioned very cent of the assaults enforcing the law, it’s clear that the issue is high levels of concern for their safety and con- • 66 per cent of suspects were under the influ- not ‘if’ but ‘when’ one will be seriously in- trolling for this may, to a limited degree, lower ence of drugs and/or alcohol jured or killed. Law enforcement is unpredict- the reported level of risk exposure. When the • 39 per cent of the suspects had criminal records able and nothing can be done to remove all reported statistics are combined with all other • 46.9 per cent of officer assaults occur during risk. Professional agencies recognize this fact factors observed as part of this report however, park enforcement and strive to provide their officers with up-to- the potential for risk on the part of wardens • 53 per cent of the assaults occurred at night date training and equipment to best address conducting law enforcement duties remains A senior conservation manager commented unpredictable and seemingly arbitrary violent high. If the reported numbers of incidents where that officers carry firearms because of the po- events. wardens expressed concern for their safety or tential seriousness of the incidents that can hap- The main report outlines a series of ac- experienced harm are extrapolated to the whole pen when conducting law enforcement duties tivities that wardens should be restricted from service, it becomes clear they’re encountering in resource management, not because of the conducting under the present set of risk miti- substantial risk. number of violent incidents faced. gation strategies and include: The review team was frustrated in its at- Wardens are exposed to situations that mir- • investigating disturbance calls involving tempts to obtain any meaningful objective data ror those that public police attend, the review groups of people under the influence of drugs concerning workplace violence and/or injuries found. To the outside observer, the warden serv- and/or alcohol from Parks Canada. It appears that this type of ice has come to replicate a police force in its • conducting traffic enforcement information is kept at individual offices and activities. If this trend continues and wardens • assisting police in investigating criminal events isn’t readily accessible, even to the national continue to conduct law enforcement activities, or looking for suspects/known criminals coordinator for occupational health and safety. it will only be a matter of time before one is • investigating in-progress criminal events Determining the degree of risk and potential seriously injured or killed. • investigating field-based poaching activities harm facing wardens therefore relies more on Police forces recognizes the arbitrariness (fish or wildlife) information from external sources such as US and unpredictability of violence. Agencies have • conducting high-risk takedowns of known policing data and studies from other resource collectively determined that it’s better to pro- or suspected offenders management enforcement agencies. vide staff with all requisite tools and then im- Wardens are more involved in conducting A 1996 use of force report on BC conser- plement stringent training and accountability law enforcement duties in National Parks then vation officers indicated they believed the standards to ensure public safety, rather than to ever before and as a result, become exposed number of threats or assaults had increased over not issue the tools. to similar risks as police when conducting park recent years. A survey question examining their Historically, there have been two ap- law enforcement duties.

January 2003 14 Recommendations reviewed for currency. It is recommended that: 21. Joint training be conducted with local po- 1. The 40-hour ‘law enforcement training course’ lice to more fully understand agency man- be expanded to include tactical communica- dates, protocols and procedures. tions and personal safety skills training. 22. Local police be the primary agency respon- 2. Parks Canada provide resources to ensure sible for responding to all offences where that all PC-04A carded wardens receive ad- the potential exists for violence. equate training and maintain their skills 23. That, at minimum, a PC-04A carded war- through re-certification courses within pre- den be assigned when backup is required for scribed intervals. calls that could potentially involve violence. 3. Park wardens who don’t have a valid PC-04 24. Parks Canada receive a legal opinion re- card shouldn’t participate in operational du- garding their liabilities when wardens are ties or backup law enforcement support. assisting other law enforcement agencies. 4. Parks Canada conduct a technical review 25. Local police first execute all search war- of communication technology to ensure rants, with wardens participating only after wardens conducting operational duties have the building is secured and the occupants efficient and reliable devices. are accounted for and guarded by police. 5. Parks Canada work with local police to en- 26. Wardens conducting investigations outside sure that calls for assistance by wardens are park boundaries advise local police and re- received in a timely manner. quest assistance as needed. 6. The service review the process by which 27. Parks Canada better define the series of ac- wardens are dispatched to calls for service. tivities known as special investigations, tac- Colorado’s most-wanted poacher found out how 7. Parks Canada continue to provide access tical plans, compliance strategies and op- determined wardens can be after Colorado offic- to databases listed in the Strategic Direc- erational plans and draft policy that pro- ers tracked him down in Michigan on April 14 af- tions document to enhance the warden serv- vides guidance to local managers when as- ter an anonymous tip. Wendell Cook, 41, had ice’s ability to analyze information and plan signing staff to these duties. been wanted by Colorado authorities for nearly a for future mitigation strategies. 28. Wardens conduct boating patrols only with year after he skipped town the day he was to be 8. If law enforcement is going to be empha- a partner or in tandem. sentenced for wildlife violations and being a felon sized, warden service uniforms should re- in possession of a firearm. flect this. If the intent is to move away from Steve Hess, former assistant director of the Justice Cook and three partners were accused of kill- law enforcement, uniforms should be al- Institute of BC, was commissioned by Parks Canada ing five deer, two elk, two antelope and a black tered accordingly. to review the need for arming park wardens. This bear. Colorado authorities and those of several 9. Wardens receive additional training on the review was kept secret but was recently discovered other states and Canada had been looking for him. need for recording information about haz- through a Freedom of Information Act application. It is not known how many incursions he and his ards encountered in the workplace, in par- For further information, contact Doug Martin at partners made to Canada but it is felt to be an ticular violent incidents. [email protected] or 403-762-1411. almost certainty that they had. 10. Wardens conduct front country campground patrols in pairs, with radio communication to dispatch or other backup sources. 11. Parks Canada review the response time re- quired for backup when wardens conduct operational patrols in the front country. 12. The term ‘peace officer’ be defined as a PC- 04A carded warden authorized to carry and who is carrying a baton and OC spray, a police officer or other armed peace officer who has authority within the jurisdiction. 13. Night fall highway/operational/poaching/ enforcement patrols only be done by two fully qualified (PC-04A) wardens who have full access to all safety equipment, includ- ing the ability to call for backup response. 14. ‘Dark hours’ be defined to include ‘dusk.’ 15. It is recommended that wardens conduct- ing dark hours duties have appropriate backup (another PC-04A carded warden) or police officer. 16. Traffic enforcement stops only be con- ducted by two PC-04A carded wardens — or one when police backup is present. 17. All backcountry patrols be conducted by two PC-04A carded wardens with appro- priate enhanced communication equipment, regardless of season. 18. The term ‘other armed officer’ in the in- terim guidelines be replaced with ‘local po- lice who have jurisdiction.’ 19. The warden service rely on local police to respond to these incidents and that wardens provide a limited backup role, depending upon the nature of the risk. 20. Memoranda of understanding be estab- lished with all jurisdictional local police agencies and that existing memoranda be For further details go to BlueLinks at www.blueline.ca January 2003 15 We’re lousy at judging our abilities by Dr. Dorothy Cotton consider themselves to be better than average people to figure out that their driving stinks is to Ph. D., C. Psych. drivers. The curious thing about that statistic let them have a lot of accidents. It seems to me (which I made up, by the way), is that of the that you might be able to explain away a single I hope you all appreciate how lucky you remaining 10 per cent or so, probably five per accident as bad luck or because your engine fell are to have a psychology column each month. cent are really awful drivers and the other five out, but have to wake up and smell the coffee if Psychology is a very profound subject. You can per cent are very good drivers — much better you have a whole bunch of accidents. tell because when you read psychology things, than most. So how come these good drivers On the other hand, you and a few other peo- there are many profound remarks. I was just don’t think they are better than average? ple might be dead by then; maybe this is not looking at a book called Psychology and Po- Well, the fact is, when you ask people to such a good idea. licing and I ran across the following chapter- assess their skills at anything, the worse they Frankly, I suspect you all know far more opening statement (now I hope you are sitting are, the wronger they are about how good they about road safety than I do — although I am a down. This is pretty earth-shattering stuff): are. Got that? Let me rephrase — people who far better than average driver, I will have you Driver behaviour has long been recognized are bad don’t know it and tend to over-estimate know. So what’s the point? as a major cause of road crashes. their abilities. Curiously, people who are good The point is that people aren’t always very Whew. Gives me the shivers just to con- tend to underestimate their abilities — but only good judges of what they’re good at — and the template those words (or maybe that was a hot relative to others. In other words, if I am really worse they are at something, the poorer they flash — whatever). All this time I thought car good at something, I will tend not to think I am are at judging it. Ahem, this means you too. I’ll accidents were attributable entirely to roads hugely better than others — not because I don’t betcha there’s been at least one time you were disappearing, car engines falling out and wild recognize my own skill but because I over-es- required to do some training and spent the en- animals jumping through windshields. Who’d timate everyone else’s (this is a variation on tire preceding shift bellyaching that you knew a thunk drivers had anything to do with it? Af- the theme of ‘if I can do it, anyone can’). more than the person giving the course and ter all, there are really very few bad drivers out What does all this have to do with the price didn’t need to go; sound familiar? there. I mean, when was the last time you asked of onions — or even the causes of car crashes? Guess what? You might have been wrong! someone about their driving and they said, ‘ac- It means that the first step in the process is to I ‘tested’ members of three different police serv- tually, I am a worse than average driver.’ somehow get people to recognize that their driv- ices about mental illness to find out how much I am sure there is a study out there some- ing stinks. There is a problem with this as far as they knew. Some knew more than I do — and where that says that 89.742 per cent of people driving is concerned. The most effective way for some, well, it was a little scary — but when I asked them how much they THOUGHT they knew, there was no relationship with what they really knew. HID lights popular with thieves I’ll bet each of you is thinking right now of It was dark, many of these are get- someone you know or work with and saying Benjamin Benson was ting stolen.” “yeah, I wish Joe/Martha would realize that he/ tired after a long day at The headlights can she is really awful at —— and would do some- the office, and he cost $2,000 to $5,000 to thing about it.” Maybe you are a supervisor or slumped wearily into replace, depending on manager and thinking “there must be a way to his car, flicked the how much body damage get Felicity/Pierre to see the error of her/his ways; switch for the head- the thieves inflict while they have no idea how bad they are at ———” lights and pulled out trying to get them out. The important thing to remember is that into traffic. “A couple years ago while you are looking at your colleagues and “I start driving, and a police officer pulls it was air bags. Now it’s these headlights,” said pointing fingers, I’ll bet there’s a finger point- me over and says, ‘Put your lights on!’ “ the John Tiene, president of the Insurance Coun- ing at you. You might want to think about that. lawyer recalled. “I said, ‘Officer, they ARE cil of New Jersey. “Any time a manufacturer on.’ He tells me to pull over into a parking adds something new to a car, they become the lot. He gets out of his car, I get out of mine, focus of rings that go out and steal them.” we look at where my lights used to be and He predicted that instead of raising pre- both our mouths are gaping open. There’s miums, the insurance industry will absorb the wires hanging out of these two big holes.” costs of replacing stolen headlights for a year Benson’s Acura had fallen prey to the lat- or two while it pressures manufacturers to est craze among thieves: stealing high-inten- make them harder to steal. sity xenon headlights from expensive cars. Police are hard-pressed to make arrests, Unlike standard headlights that use a even when they see a Honda or other low- glowing filament, the new bulbs use high- end car sporting the super-bright lamps. voltage electricity to charge xenon gas inside “You still have to have probable cause to a sealed tube, creating an intense bluish light. stop them,” said Newark Lt. Derek Glenn. Dealers, body shops and insurance com- “There’s no reason to believe it isn’t a part panies say the thefts are driven by a lust for they got legally from a store, and you can’t the moon-blue lights among urban youths, pull them over just on the suspicion it’s not.” who transplant them to spice up their cars. Insurers are taking their own steps. The “They’re retrofitting these into their Insurance Council makes periodic sweeps of Hondas and making them into low-riders,” body shops and parts stores, asking to see re- said Newark body shop owner Richard Black. ceipts and invoices for xenon lights on the “It’s an epidemic, totally out of control,” shelves. A light that had been on a car for just said Dominick Pardo, another Newark body a few hundred miles is often smudged and shop owner. “I mean, it’s just crazy how scratched, Tiene said.

January 2003 16 Ontario Opposition Leader Dalton The Liberals want to hire more; great — retain the local jails we do have. McGuinty wants 1,000 more cops, 50 more more police officers equal more arrests. Where The law enforcement community goes from prosecutors and 100 new parole and probation will they be housed? We are triple bunked now. pro-active policing to arrest to jail via the courts. officers. He also wants victims to have the le- Talk about tension; you put three inmates in one Why do we in corrections have to be the weak gal right to time off work to attend court and to small cell and 30 in a range designed for 20. That link or poor cousin? The job is not complete get tough with dangerous young offenders. is why we are seeing more disturbances. There until all aspects are functioning up to par. I am an Ontario correctional officer (CO) is one other option if we can’t house them — George Shewfelt and work right now with young offenders. I am parole or lighter sentences. Kind of defeats the Hamilton, Ontario also a younger retired MP from Borden. The purpose and undermines the system. Ontario government has increased its budget I see a lot of our inmates go to the federal I have enjoyed your fine magazine this past and opened the purse strings to hire 1,000 po- system and return rather quickly. There is no year. Keep up the great work! lice officers. I know we have lost a few younger way they did a good portion of their sentence. Chief W. P. McCarthy (RET) COs to Toronto, Halton, OPP and Hamilton. We need more and better jails and we need to Elkton, MD

The York Regional Police Serv- ices Board announced last month that Superintendent Bruce Herridge and Superintendent Eric Jolliffe have been selected to be the next two Deputy Chiefs of York Regional Police. Supt. Eric Jolliffe Superintendent Herridge, a 20-year veteran of York Regional Police, is currently responsible for 4 District Headquarters in the City of Vaughan. Superintendent Jolliffe, who joined the York Re- gional Police in 1979, heads the Support Services Division. The two Deputies replaced Chief Armand La Barge, who was sworn in as Chief of Police on December 12, Deputy Chief 2002, and retiring Deputy Chief of Terence Kelly Police Terence Kelly. “Superintendent Herridge and Superintendent Jolliffe are the right people to im- plement the vision of our new Chief over the next five years,” said Chair David Barrow. “We chose them from within our own Service, and I am satisfied that we have put an executive team in place that is second to none. They will provide stability to the organization, and they will chart a course that will keep the public safety of our citizens their number one priority.” “I am pleased with the Board’s decisions,” said Chief Designate Armand La Barge. “Superintendent Herridge and Superintendent Jolliffe and I have worked together for years. Together, we have over 80 years of policing experience. We know the York Regional Police, and we know the Region. I am confident that we will provide strong leadership to the York Regional Police on behalf of the citizens of York Region.” Both Superintendents are enthusiastic about their new responsibilities. “I know we have some real chal- lenges ahead of us,” said Superintendent Bruce Herridge, “and I look forward to working with Chief La Barge in advancing the public interest agenda on be- half of our citizens.” Superintendent Jolliffe agreed. “Chief La Barge will expect us to work hard and to be true to our val- ues. His expectations are no different than those of our citizens. We have to provide excellent public serv- ice and produce excellent results. We’re up to the task.”

For further details go to BlueLinks at www.blueline.ca January 2003 17 POLICE LEADER OF THE YEAR — 2002 NOMINEE Steadfast dedication a major attirbute of leadership

Staff Sergeant Andy mon understanding of core values and vision. know when your there?” were often heard McGrogan embraces the Staff Sergeant McGrogan has led the way in the earlier stages of this program. As a challenges of leadership. through countless operational challenges, rang- consequence the tactical team as a group, He lives by the police ing from barricaded gunman to hostage rescues developed a mission statement and core val- service motto of serving and similarly faces inter-departmental chal- ues, which were quickly accepted and each and protecting with pride lenges each day. His uncommon commitment member now stands accountable to the next and his passion to and passion has fostered the conviction and to honor these values. achieve uncommon re- confidence of all tactical team members and has In January 2001 during a trying 22-hour sults exemplifies motiva- secured solid relationships within the service standoff, Andy’s level headedness and seemingly tion and support. and the community. constant treks from the command post to the Staff Sergeant A veteran of the Since his start with the police service and scene would become a matter of amusement. His Andy McGrogan Medicine Hat Police above all with the tactical team, he has consist- sense of humor, work ethic, conviction and un- Service, Staff Sergeant ently demonstrated uncommon commitment. wavering support was key in the successful ne- Andy McGrogan is cur- His pride in the team and unparalleled passion gotiation of this subject from the residence. As rently assigned as the to make things just a little better has done just a result of the outcome of this incident, S/Sgt. Professional Standards that. Some of his major contributions include: McGrogan has been invited to speak at the Ca- Staff Sergeant. Through- • Developing and Implementing Tactical nadian Tactical Conference in Toronto in 2002. out his career, Andy has Team Leadership Training. Andy envisioned The tactical team’s repeated successes, it’s experienced diverse po- leaders as the primary component of a mod- ongoing development and the respect it has licing opportunities and ern day, functioning and effective tactical achieved within the tactical community would on each occasion his per- team. Looking around, he could already not have been possible without the extended sonal vision, work ethic, see natural leaders amongst the team mem- commitment of Staff Sergeant McGrogan. integrity, determination and influence has se- bers and now envisioned their development. Andy’s passion is inspiring and his dedication cured his triumph and the success of the police Through his involvement in the community, to the team has remained steadfast. service. His unwavering leadership from the Andy met and befriended a local pastor front has ratified his position as a true police named Ernie Wouters who frequently spoke Any one wishing further information abut the leader amongst the officers with whom he in- internationally on leadership and associated Police Leadership Forum or the Annual Award may send an eMail to: teracts as well as the police, city administra- issues. Andy arranged for Ernie to address [email protected] tors and the community. the team during a training day; a daring He has worked on uniformed patrol, as a move considering that conventional train- canine handler, a detective, a control tactics ing days had consisted of shooting drills, instructor, on the recruiting committee, as part self-defense training, team fitness events, of the crime prevention unit, with particular building clearing and other similar topics. passion for team building and continuous learn- The team accepted Ernie and he quickly ing. He is a long-standing member of the po- became a familiar face during tactical train- lice tactical team. During his tenure, he has ing. Mr. Wouters continues to be an honor- experienced each and every assignment on the ary member of the team and has since gone team, beginning as an assaulter before being on to complete Auxiliary Constable Train- transferred to the sniper element. Before long, ing and is now the Department Chaplain. Andy was chosen to be a team leader and in • Development of a Tactical Team Mission 1995 was selected as the tactical teams overall Statement and Core Values During these on- commander. going leadership sessions, Staff Sergeant Under his guidance, the tactical team has McGrogan frequently takes the helm and di- evolved from a part-time unit with limited train- rects the wide-ranging leadership discus- ing, run of the mill equipment and restricted sions toward issues that need to be dealt with vision into a foundation of experienced, well- internally. Statements like, “If you don’t equipped and appreciated officers with a com- know where you are going, how do you

For further details go to BlueLinks at www.blueline.ca January 2003 18 Communicate with clarity The key to understanding and influencing others Communicating is a basic human activity their name frequently and they will begin to it should never be the sole determiner of how that’s with us from the time we wake up until feel more connected and comfortable with you. we view others’ reactions. we go to bed. If it suddenly disappeared, our This will provide further opportunities to fos- To communicate positive signals with body whole way of life would crumble. ter discussions and ultimately reveal feelings, language, one should maintain an open body Whether in person or through print and elec- attitudes and biases held by the person, help- position, sitting or standing in a non-threatening tronic media, it enables us to connect with each ing to identify underlying problems and begin manner, at an angle to the person. Lean slightly other. Effective communication between people the problem solving process. towards them, looking thoughtful and nodding can help build and mend bridges, solve problems Some of our communication is face to face your head while patiently waiting for their in- and bring affirmation. Have you ever addressed a without words, using body language. We smile, put. Watching their body to see whether they’re meeting and delivered what you thought was a frown, make hand gestures and show sympa- giving positive or negative signals will give clues clear message, but later wondered if anyone re- thy or love by touch, facial expressions and the to how a person is feeling and increasing your ally heard you? Chances are they didn’t. tone of our voices. ability to effectively council them. Just because we’re in the same room with Behavioural scientists say every thought As Elmer Wheeler wrote in his book, Sell others does not necessarily mean that we have going through our minds is shown somewhere the Sizzle, Not the Steak, “a good listener bends connected with them or received the intended in our bodies. Body language is an important towards you physically; he is with you every message. The listener sometimes interprets it in part of communication but it can sometimes be moment, nodding and smiling at the right times. terms of their own experience and if they and misread. For example, we say that a person sit- He listens ‘a little closer.’” the speaker have not had the same experiences, ting or standing with arms crossed is generally Whether at work or socially, effective com- the message may be communicated ineffectively seen as sending negative signals or even being munication is important. We all love when peo- and misunderstandings could follow. Therefore, defiant. In one of my seminars, a participant ple listen to us with genuine interest; it affirms it’s important that we look beyond the words sat at the back of the room with arms folded us and boosts our self esteem. Remember, lis- spoken and take into account the intent of the and a detached look on his face. I thought I had tening is learning and it’s where good commu- message by observing body language. lost him and that he was judging my material nication begins. Using it can open many doors. Since listening is the most important of all negatively but he indicated on the evaluation communication skills, one must learn to ‘listen that he enjoyed the seminar and found the in- Audrey Pihulyk is a 'humour-cilator' who speaks at con- actively’ to be a good communicator, hearing formation helpful. I realized that his body lan- ventions and for organizations on 'Winning Strategies and discerning the coded messages behind the guage was merely a way of processing the ma- for Life.' You can reach her at 1-866-484-2197 or by e- words spoken. This is listening that requires terial. From this we can see that care should be mail at [email protected] or through her intense involvement in a conversation, where exercised when interpreting body language and website, www.possibilitiesnetwork.com questions are asked and responses expected. The more adept we are at hearing feelings, the better we can decode the intended message. Active listening with empathy communi- cates warmth, trust and understanding and shows that we care and are interested in what the person is saying. It makes them feel that their ideas and feelings are respected, under- stood and accepted, which then fosters further exchanges of ideas. Therefore we watch for coded messages, as expressed by a person’s feelings, and internalize and mirror them back to the person. Doing this demonstrates under- standing of the issues they’re talking about. After the other person has expressed their concerns and we have listened with empathy, it’s now important to ask some carefully thought out questions. The best ones are the open-ended or objective types that cannot be answered by a simple ‘yes’ or ‘no;’ using these to clarify or restate a problem makes us more effective at enabling individual or group discussions. Execute these procedures properly and a person will readily open up and respond; use

per month

*10 payments for the ladies 14K or mens 10K

For further details go to BlueLinks at www.blueline.ca January 2003 19 Protecting life doesn’t require warrant

by Mike Novakowski was not cooking. The following day, police the common law police have a general duty obtained a search warrant in connection with to protect life, which is not limited to pro- The BC Court of the aggravated assault and production of a con- tecting the lives of victims of crime. Appeal recently held trolled substance. 2. If police conduct was within the general that the police power to The trial judge found that the officers’ pri- scope of their statutory or common law du- enter a residence to pro- mary motive for entering without a warrant was ties, did the officers’ conduct involve an un- tect life doesn’t require to protect public safety, not investigate. They justifiable use of powers associated with the an examination of were justified in entering because there “were duty? In finding that police were justified in whether they could have exigent circumstances” and “police had an ob- entering without a warrant, Saunders stated: obtained a warrant under ligation to act decisively and out of a concern The level of danger suspected was high and the circumstances. for the safety of individuals who might be in was associated to the various rooms of the resi- In R. v. Jamieson, the home and for the safety of individuals in dence so that examination of one room only was 2002 BCCA 411, a mu- the immediate vicinity.” The accused appealed not a viable response to the concern. There was nicipal police agency re- to the BC Court of Appeal. no practical way to determine whether a lab sponded to a 911 report of a man was cooking or others were in the house in- with grievous acid burns to his face and body Warrantless entry jured other than by entering. It was known that running from a house. Officers were familiar Although the accused agreed that police one person in the house had already suffered with this person and had information that sug- entered in the performance of their duties, he grievous injuries to his face and head through gested there may be dangerous chemicals from argued that it was primarily to investigate drug contact with a highly caustic substance. The a clandestine drug lab inside the home. He had offences, not to protect the public. He suggested duty pursued was the protection of others. The previously ordered and picked up chemicals that the time between the 911 call and police purpose of the first entry was to look for “bod- consistent with the manufacture of ampheta- entry, their failure to use the fire department ies” and was of limited duration. mines and had twice been found in possession and an officer’s admission that he didn’t have Notwithstanding the (accused’s) privacy of items police suspected were related to drug reasonable grounds prior to the entry to obtain interest in the residence… the law permitted the manufacturing. a warrant was demonstrative of its investiga- police to enter the home, provided the entry was They also had information that he had acid tive nature. Furthermore, the information the no more extensive than required to ensure thrown at him while inside the house and that a police relied upon to obtain the warrant was safety. In this case the entry was of limited du- distraught young woman, who also came from acquired during the warrantless and unreason- ration, considering the deliberation required to the home, was repeatedly asking if police had able entry and thus it should be ruled invalid. avoid chemical accident. I conclude that there found “Jessica.” Officers called the residence In unanimously dismissing the appeal, Jus- was strong and persuasive evidence… (the en- but there was no answer; no movement was tice Saunders concluded that the warrantless try) was legally justified in the circumstances heard or seen and no one answered the door search of the home was prima facie unreason- and thus not an unreasonable search within the after repeated knocking. able and the Crown carried the burden of re- meaning of s.8 of the Charter. The municipal agency contacted the butting the presumption. If the search was con- RCMP, whom they relied upon for expertise ducted for the purpose of investigating crime, Failure to use the fire in situations involving the investigation and the criteria necessary for a search warrant department The court found the RCMP personnel were dismantling of clandestine drug labs. Three needed to be satisfied. In this case however, specially trained to deal with clandestine labs officers entered the home without a warrant the police were performing their duty to pro- and associated dangerous materials and persons two and a half hours after the 911 call to look tect public safety and the admissibility of the entering the premises were required to have for suspects and/or victims, injured or dead. evidence hinged on a two-stage inquiry: such training. Relying on properly trained po- They were only in the premises for 10 to 15 1. Did police conduct fall within the general lice officers and not using the fire department minutes, opening doors and windows, but had scope of any duty imposed by statute or rec- did not render the search unreasonable. an opportunity to observe equipment used to ognized at common law? The court held that make drugs. both the RCMP Act, which bound respond- The delay Since they had not checked whether the ing RCMP officers, and the Police Act, bind- Although an excessive delay could support heating and cooling apparatuses were opera- ing on the municipal officers, imposed a the view that entry was made for an investiga- tional, an officer re-entered to ensure the lab statutory duty to protect life. Further, under tive purpose, the delay was reasonably ex- plained by the time required to contact the spe- cially trained officers at their home and for them to travel to their workplace to obtain the neces- sary protective equipment and then to the ac- cused’s home to gear up. This was all done to enter a suspected chemical laboratory where one person had already been seriously injured by a caustic substance. Absence of a warrant Even though police may have had time to obtain a telephone warrant, that’s an investiga- tive tool directed towards the crime prevention aspect of police duties and requires reasonable grounds. However, their duty to protect life and property does not depend upon establishing rea- sonable grounds to obtain a search warrant. The accused’s appeal was dismissed. For further details go to BlueLinks at www.blueline.ca January 2003 20 Police partly liable for drunk prisoner’s death by Mike Novakowski ished awareness may mask and prevent detection veal sufficient information for a police officer of other serious medical conditions which may to reach a conclusion that the prisoner is con- Police may be liable if they don’t seek mimic the symptoms of alcohol intoxication. The scious and not in jeopardy, the standard of care medical attention for non-responsive, intoxi- prisoner, being under the control of the authori- requires the officer err on the side of caution cated prisoners in their custody, the BC Su- ties, is entirely dependent on police to obtain medi- and take the prisoner for medical examination preme Court has ruled. cal assistance on their behalf. before he or she is incarcerated. In Roy et al. v. Attorney General of Canada After weighing the risks to the prisoner and et al., 2002 BCSC 1021, the wife and three step- the burden on police of having them medically Breach of the standard of care Because the deceased was in a state of children of a man who died in police custody assessed, BC Supreme Court Justice Neilson “questionable consciousness” and showing sued police under the Family Compensation Act, concluded the standard of care must be con- signs of severe intoxication, the officers had a alleging they were negligent in failing to seek servative and a prisoner has to be medically medical treatment for his intoxicated condition. assessed if there’s any doubt about their level duty, in accordance with the standard of care, The plaintiffs sought damages for loss of of awareness. However, prisoners who are in- to determine whether he should be medically guidance, financial support and household serv- toxicated but consistently responsive to their examined before incarceration. Since they “did not perform any adequate assessment or inves- ices. The deceased, 56, was arrested for being environments may be incarcerated without an tigation into (the deceased’s) state of conscious- intoxicated in a public place after a citizen re- examination. The standard of care also “imports ness or its cause,” they failed to meet the stand- ported seeing a drunk man stumble to the a requirement that the officer dealing with the ground while trying to get into his car. The at- prisoner conduct an appropriate investigation ard of care required. tending officer found a male lying on the ground in making a determination as to the prisoner’s Proximate cause and concluded he was severely intoxicated. level of awareness,” Neilson stated. Neilson concluded that if the deceased had Another officer helped him pick up and (I) would expect such an assessment to in- been medically assessed, his respiratory distress carry the man, who was non responsive, to the clude, at a minimum, an attempt to converse would have been identified and immediately back of a police vehicle. He was taken to the with the person about how much he or she has treated, saving him; thus the breach of the stand- station, placed on a blanket and dragged to the had to drink and what other causes there may ard was a proximate cause of his death. How- ‘drunk tank,’ where personal effects were re- be for his or her condition. I would expect some ever, the court also recognized that the deceased moved and he was rolled into the recovery po- attempt to make him or her respond to basic “was not a passive participant” and had placed sition in case of vomiting. commands to assess the level of awareness. I himself at risk by drinking a large amount of Although the man was drowsy, had diffi- would expect the officer do a basic physical alcohol; it used this as a basis for finding him culty communicating and reacted very little to examination to determine if the person has suf- 50 per cent responsible for his death. his surroundings, no medical check was per- fered any injuries and whether the vital signs The plaintiffs were awarded damages for formed. About 23 minutes after being booked such as pulse and breathing are stable. I would loss of guidance, financial support (past and in, the jail guard checked and discovered he also expect the officer to investigate the cir- future) and household services, which were re- was no longer breathing. Attempts to revive him cumstances in which he or she was found, in- duced by half. were unsuccessful and he was later pronounced cluding speaking to available witnesses about dead in hospital. their observations. Mike Novakowski is Blue Line’s Case Law Edi- The most likely cause of death was acute If these enquiries show the prisoner’s re- tor. You can reach him at [email protected]. alcohol ingestion. This occurs when a person sponsiveness is minimal, or if they do not re- consumes large amounts of alcohol and it acts as a central nervous system depressant, lead- ing to coma, respiratory depression and even- Winnipeg police post crime video on web tually respiratory arrest. Death can be averted Winnipeg police are posting sur- video into real-time, stabilize un- if immediate medical care is obtained and the veillance-camera video of crimes in steady surveillance video, track im- alcohol toxicity is detected. To be successful in the hope Internet visitors can iden- ages of a suspect in a large crowd and a lawsuit alleging negligence, the plaintiff must tify suspects. pull readable license plate numbers establish the following: Since May, police have posted from dark areas. • Police owed the deceased a duty of care pictures of people robbing convenience However, by posting the video • Police breached the standard of care expected stores, gas bars, banks and cabbies, on their web site, police may be • The breach was a proximate cause of the death. stealing cars and computer equipment opening themselves to defamation Duty of care and defrauding ATMs. Several images claims if it’s shown the people in the Police owe prisoners in their custody a duty were taken from the inside of city taxis by video are innocent. of care, particularly when they’re intoxicated, recently installed interior security cameras. That’s already happened. Earlier this year since they’re vulnerable and are often arrested for The only other police service in Canada an unspecified Winnipeg bank gave police the being drunk in public because of safety concerns. doing anything similar is Montreal, which fo- wrong pictures of a person the bank said had The standard to which police are held is cuses more on still photographs of wanted cashed two stolen cheques, according to a re- that of “a reasonable police officer, acting rea- criminals, not surveillance images showing port released last June 28 by Canadian pri- sonably and within the statutory powers im- crimes in progress. Most US police forces also vacy commissioner George Radwanski. posed upon (them), according to the circum- post only still photographs of faces. Winnipeg police have not yet publicly pro- stances of the case.” Police policy manuals may Some legal experts say the practice comes moted their new tool, although they say it’s al- assist in determining this. The RCMP national close to violating privacy laws, but others say ready helped make officers make several arrests. policy requires an incarcerated person who is Winnipeg police are just doing their job. Staff Sgt. Al Scott said the system works “not fully conscious” to be medically examined, “It’s a matter of public interest,” Univer- well for the service. while the provincial and detachment policy re- sity of Manitoba law professor David “As our system becomes more known quired a person of “questionable conscious- Deutscher said. He added that, as long as po- among the officers, we’ll get more on it and ness” to be medically assessed. lice act in good faith, an argument can’t suc- get more results,” Scott said. A state of reduced mental awareness, in which cessfully be made that posting pictures hurts Scott added the criteria for putting a sus- a person is not readily responsive, may prevent a a suspect’s right to a fair trial. pect’s photo on the Internet is whether extreme prisoner from communicating their symptoms to Police are using software that lets them violence was used during the crime or whether police or request assistance. Furthermore, dimin- decode multiplexed images, turn time-lapse the victim suffered a substantial loss.

January 2003 21 Facts – not time – define unreasonable delay by Mike Novakowski • 7 PM to 9 AM - In police cells. would have been breached. The trial judge con- • 9:20 to 10:15 AM - Videotaped interview cluded that the accused was not arbitrarily de- Although 24 hours is generally the outer with police. tained and he was convicted of the sexual of- limit of permissible detention, the facts of a case •11:20 AM - Taken to court; on the way, agreed fences for which he was charged. The accused rather than the clock determines what consti- to an officer’s suggestion to do a re-enactment. appealed to the Newfoundland Court of Appeal tutes an unreasonable delay in bringing an ac- • 11:20 AM to 12 PM - Re-enactment. arguing, among other grounds, that the trial judge cused before a justice of the peace. • 12:15 PM - Arrived at courthouse but re- erred in concluding that he was not arbitrarily Section 503(1) of the Criminal Code guar- mained in custody until 2 PM court appear- detained, in violation of s.9 of the Charter. antees the opportunity to seek release from cus- ance while police spoke to Crown counsel and In this case police were unable to explain tody and requires an appearance before a jus- swore the information. the delay in interviewing the accused. There tice of the peace without unreasonable delay, In admitting all the statements made to po- was “no evidence that the delay was due to other and in any event, within 24 hours. In R. v. Tate, lice, the trial judge found that although they demands that affected the ability of the police 2002 BCCA 189 however, the BC Court of failed to comply with s.503 of the code, the to deal with [the accused] or the investigation Appeal found that a detention exceeding 24 accused was neither arbitrarily detained nor expeditiously.” Justice Welsh, for the unani- hours wasn’t arbitrary, while the Newfoundland suffered any breaches of his s.7, 9, or 11 Char- mous Newfoundland Court of Appeal, held: Court of Appeal ruled in R. v. E.W., 2002 NFCA ter rights. Police failure to deliver him to court Where there has been a delay in taking an 49 that a detention for less than that time was. “was the result of a combination of factors, in- arrested person before a justice of the peace, Both cases hinged on the circumstances and cluding a shortage of personnel to handle what that delay must be justified as reasonable. Jus- evidentiary foundation which either explained, is, for this small police force, a major investi- tification requires an evidentiary foundation. or didn’t, the reasons for the delay. gation.” The decision was appealed but the BC In this case there is no explanation for more In Tate the accused appealed his convic- Appeal Court unanimously held that the trial than six daytime hours during which (the ac- tion for the first-degree murder of his wife, judge did not err in his conclusion. cused) was held in custody. This is a signifi- arguing that he was arbitrarily detained, con- On the other hand, the accused in E.W. was cant period of time, particularly when consid- trary to the Charter, because police failed to arrested for historical sexual offences at about ered in light of the purpose of section 503(1). bring him before a justice in a timely man- 6 PM. Police interviewed his estranged wife, In the result, the conclusion was followed ner, as required by s.503. As a remedy, he finishing at around midnight, but took no fur- that (the accused’s) detention contravened sec- sought to have his statements to police ex- ther investigative action. At 3:20 PM they tion 503(1) of the Criminal Code. His deten- cluded. The accused was arrested at his resi- asked the accused to provide a statement and tion was, therefore, unlawful. dence at 11:30 AM and not taken before the he was in the process of doing so when taken That unlawful detention also constituted an court until 2 PM the following day, 26 and a before a justice and granted judicial interim arbitrary detention under section 9 of the Char- half hours later. The following activities oc- release with conditions. ter. The violation of section 503(1) was not a curred during that period: The accused argued that he had been arbi- mere technical error. Nor was it explained by • 11:50 AM - Acknowledged putting a “pick- trarily detained when he was arrested and un- activities of or exigencies faced by the police. axe” to his wife’s head while being taken to lawfully held in custody for almost 24 hours (The accused) had the fundamental right to hospital after swallowing sleeping pills. before appearing before a justice. Had the inter- have his detention assessed by a justice of the • 12 to 7 PM - In hospital, admitted to being view not been interrupted to permit the hearing, peace without unreasonable delay. ashamed of what he had done. the 24 hour time limitation imposed by s. 503(1) The court found that “the length of the de- lay, the surrounding circumstances and the fail- ure of the police to account in any way for their New bill allows forced blood samples failure to bring (the accused) before a justice A new Ontario bill will allow medical an accident victim will now have the right of the police without unreasonable delay re- officers of health to order blood samples to know whether their health has been put sulted in an arbitrary detention.” Thus, his right from anyone who accidentally or delib- at risk,” said Natalie Hiltz, a Peel Regional under s.9 of the Charter was violated. erately exposes front-line emergency Police Service officer. “This legislation The accused argued that the statement he service workers, crime victims good Sa- will help to protect police personnel and made should be ruled inadmissible under maritans to bodily fluids. all Ontarians.” s.24(2) of the Charter as remedy for the s.9 Bill 105, an amendment to the Health The bill provides a statutory right to breach. In assessing whether the statement was Protection and Promotion Act and the first certain applicants to ask a medical officer of admissible, the court such legislation in Canada, according to the health to order a blood sample be taken when (1) had to determine whether there was a causal Ontario government, was proclaimed in No- he or she believes, on reasonable and probable link between the s.9 Charter violation and vember and is to come into effect May 1. grounds, that: the statement and if so, The blood would be tested for diseases on • The applicant came into contact with the (2) decide whether the administration of jus- tice would be brought into disrepute if it the Ministry of Health’s communicable dis- bodily substance of another person as a vic- were to be admitted into evidence. tim of crime, while providing emergency ease list, including HIV, AIDS, Hepatitis C Since the delay in obtaining the statement and Spinal Meningitis. healthcare or while performing a function isn’t by itself sufficient to establish a causal “Our emergency service workers protect prescribed under the regulations connection, the accused had to demonstrate that our homes and save our lives every day,” • As a result of that contact, the person may he wouldn’t have provided it if he hadn’t been said Bob Runciman, Ontario Minister of have been infected with a virus that causes detained until the late afternoon. Public Safety and Security. “It’s time that a prescribed communicable disease He wasn’t able to establish that his deten- we as a society protect those who protect • An analysis of the applicant’s blood would tion at the point it became arbitrary had any us. This legislation also further protects the not determine, in a timely way, whether the relationship with or connection to him provid- innocent victims of crime as well as the applicant may be infected because of the ing the statement. There was no oppressive or thousands of ordinary citizens who risk their long incubation period for the prescribed improper police conduct, nor was the delay lives to save another’s.” communicable diseases designed to increase the likelihood of obtain- “The officer who is bitten, the sexual as- • and taking a blood sample will not endanger ing a statement, so s.24(2) was not engaged and sault victim and the good Samaritan who helps the other person’s life or health. the statement was admissible.

January 2003 22 Two Ontario Provincial Police officers found - a police cruiser chasing a snowmobile down *** some unlikely justice when they pulled over a a highway with sparks flying from the Police in Saskatoon used a battering ram to vehicle for a traffic violation in November. snowmobile’s track. smash through a front door of a home. The driver, pulled over in central Ontario, The pursuit happened in November on High- However, it was the wrong house, police produced two suspicious-looking international way 11 in Burk’s Falls in central Ontario. The admitted in November. Vaughn Ford, an antique driving permits which had been issued to some- Ontario Provincial Police say a snowmobiler store owner, arrived home after work to find his one named Supreme Justice. The officers ar- made a u-turn and took off down the highway at door destroyed and an officer guarding his house. rested the driver and began a search of the ve- 130 km/h after an officer tried to pull him over. “Everybody makes mistakes. I think they hicle, looking for papers that would reveal Su- They say a tractor-trailer had to swerve into the preme Justice’s real identity. wrong lane to avoid the snowmobile. handled it very well. They realized they had Instead, they found a digital scale and crack Police gave up the chase but were able to made a mistake and they didn’t ransack any- cocaine. Supreme Justice was finally identified follow the snowmobile tracks to a home where thing, they just were very good about it,” Ford as a 49-year-old Toronto man. they made an arrest. was quoted as saying. Norman Williams was charged with pos- Staff Sgt. Rick Penny said police received *** session of the crack cocaine, possession for the a tip Monday about a handgun at a home. A man dressed as Santa who tried to rob a purpose of trafficking, obstructing police, fail- “We went to the home and found that in bank in Penticton, BC in November says an ing to identify himself and driving while his fact, an 11-year-old did have a handgun, a real anti-depressant drug made him do it. licence was suspended. one,” Penny was quoted as saying, adding the Alain Chevrier, 32, pleaded guilty to child was too young to be arrested but two other *** charges of robbery, unlawful confinement, youths in the home were charged with weap- wearing a disguise and willful damage. You know the exchange rate is a problem ons offences. when even a thug won’t take your money. A He was wearing a Santa Claus hat and beard He said police also got a tip about a hand- Beamsville, Ontario man wandered into the and packing two guns when he walked into a gun at another residence but unfortunately the wrong part of Buffalo in November. He was Bank of Montreal branch in downtown Penticton confronted by a gun-waving robber who de- on Dec. 27, 2000, and demanded money. He then information police had received was inaccurate manded his money. The victim handed over his held six people captive in the bank for 6 hours and they went to the wrong house.’ wallet with $35 Canadian inside. before surrendering peacefully to police. The correct residence was nearby, and the The robber took one look, said, “I don’t Chevrier told a sentencing hearing that suspects police were searching for appear to want that stuff,” and fled. he committed the offence after he experi- have been unaware of the mistaken raid the enced a marked change in character when he previous night. When the right home was fi- *** took extra doses of Paxil, a commonly pre- nally raided, three men were arrested and an- Here’s something you don’t see every day scribed anti-depressant. other gun was seized.

For further details go to BlueLinks at www.blueline.ca For further details go to BlueLinks at www.blueline.ca January 2003 23 Ask a Question... Pick a Topic... Give an Answer Make a Comment...

An Edmonton Police Service officer was on its own merit... I don’t think anyone should deaths resulting from a police chase would be charged with criminal negligence causing give chase to someone for a non-criminal code regarded as the fault of the scumbag that pre- death after striking another vehicle at an in- matter, even in a marked vehicle. The risks sim- cipitated the whole incident to begin with — not tersection, killing a seven-year-old occupant; ply outweigh the rewards. the police officers trying to do their jobs... what the case prompted some interesting discus- Big Blue said his department is sublimi- do we do when no one stops for our police lights sion on the Blue Line Forum. nally pushing officers not to pursue: — for any offence? We will learn eventually, the Witnesses reported that the lights and si- A LOT of our pursuits are aborted within a hard way. ren were not activated at the time of the col- minute or less and it is very rare for one to con- Dave Brown agreed: lision. Many jurisdictions allow only marked tinue for any given length, even with all condi- The tendency in this country is more and police cars to pursue, noted Blue Line Asso- tions being perfect (if there is such a thing). more towards abdicating responsibilities and ciate Editor Dave Brown, who wondered However, just a few weeks ago, our duty insp. blaming some external influence or person for whether this should be made mandatory eve- did let one go for about 15 minutes, at speeds a situation. I agree that it is time to place the rywhere: up to 110 K in the city, however those dirt bags SOLE responsibility onto the offender. It is en- What are the particular hazards of unmarked rammed a cruiser (the unit was able to con- tirely foreseeable that significant injuries or vehicles? Does this mean criminals get a free tinue in the pursuit) about four minutes into the death may result when an offender initiates a “ride” when they run from an unmarked vehi- chase. Low and behold, all five occupants of pursuit; therefore, they should bear SOLE re- cle? Is there a solution to this problem? the SV were arrested. sponsibility for the consequences. It’s rarely worth pursuing a vehicle in The anti chase view is understandable Lawmakers take note, urged Barkley: Canada, regardless of what you’re driving, but dangerous, said Howard: I would like to see a section added to the observed Grant: If a firefighter uses a four inch hose to put Criminal Code, something along the lines of There is no support from the public, the out a fire on a kitchen stovetop and makes a genu- ‘causing police to pursue,’ and make it indict- courts, or the department if something goes ine mess of the place (but puts the fire out), do able, NOT dual procedure or summery convic- wrong. Unless the suspect is wanted for some- we second guess him and say he should have tion. This way jail time would be mandatory. thing like murder or alarming the Queen, then only used a two inch hose? It’s high time this That would be nice, responded Grant, but: I probably wouldn’t become involved in much nation began to lay responsibility (and blame) There is something in the code like that, of a pursuit. on those who deserve it — the dirtbag that de- it’s called “Flight” S.249.1 C.C.C. And, Court Officer agreed: cides to run from the police. whether dual procedure or not, jail time is al- I think each circumstance has to be judged In a perfect world, any damages/injuries/ most never mandatory. Mark Swaffer saw another benefit to banning marked cars from pursuing: Unfortunately, pursuits are a double- edged sword. Yes, they can be very dangerous and it’s often best to cut your losses and abort, but you don’t catch any bad guys that way. Any force that says “we have a no pursuit policy” is just saying to the criminal “drive like hell and you’ll get away with it.” Of course, the public is quick to blame the police for chasing that poor criminal and forcing him to crash — UNLESS it was their car that was stolen, then they want to know why you didn’t catch him. Pete Broccolo wouldn’t want to pursue with an unmarked: ... not the way things are these days. We all have to weigh the circumstances and if all you have to drive is an unmarked and pursuit is re- quired, then you do what you have to do. The solution, according to dmulligan: HELICOPTERS! Unmarked cars aren’t exactly invisible though, argued Sanchez: If someone can’t see $6,000 worth of lights on a patrol car, is a couple feet of reflective vinyl going to help anything? I don’t think so. Many US states don’t allow unmarked to even make traffic stops, let alone pursue, noted Dan Kyle: Unmarked cars are used for surveillance only and must call in a marked back-up for a stop, chase, etc. Other than the visibility issue, public safety is the concern, in that too many psycho civilians were using their own Chevy Caprice with a Kojak light to pull over women on lonely side roads. For further details go to BlueLinks at www.blueline.ca January 2003 24 RCMP Sgt. Luc Forget said the ring was Ken Allison, president of Government Acqui- selling cases of liquor to individuals, not li- sitions was quoted as saying. censed establishments. Customers in an elabo- So far, 20 mostly smaller municipalities rate network throughout the Golden Horseshoe around the country have signed contracts, and were buying cases of liquor at prices about 40 scores of other cities have expressed interest, per cent less than the prices at the Liquor Con- Ken Allison of Government Acquisitions says. trol Board of Ontario, he said. North Brunswick Mayor David Spaulding The operation may have diverted more than says his police department is considering the $1 million in duties and various taxes, said Insp. idea, which Spaulding estimated could save the Linda Martell, officer in charge of the customs township $250,000 a year on its 18 marked and excise section. patrol cars in a municipality with a $30-mil- Forget said the ring would legitimately buy lion annual budget. NEWMARKET, ON - On October 23, 2002 cases of liquor at an outlet outside Buffalo in The ads cannot come from alcohol, tobacco, the York Regional Police unveiled their new Amherst, N.Y., and then haul it over the border guns or gambling interests, and the police de- Eurocopter EC 120 helicopter at the Regional at the Queenston-Lewiston Bridge in Niagara partments have some leeway to reject ads they Headquarters building in Newmarket. The new Falls, Ont., or the Peace Bridge in Fort Erie, Ont. deem inappropriate, Allison said. helicopter replaced the older Enstrom helicop- *** The Elizabeth Township Police Department ter which has served the police service for the NORTH BRUNSWICK, NJ — Cash- near Pittsburgh hopes to buy up to 15 cars from past four years. Government Acquisitions. The police chief is York Regiuonal Police report the Eurocopter strapped police departments around the United States are considering selling advertising space a NASCAR fan and liked the idea of plastering EC 120 helicopter was purchased from ads on cars, Deputy Chief Bob Wallace said. Eurocopter Canada for its power, fuel range, on their patrol cars. But many police officers do not like the idea cockpit layout, and most importantly, for its noise A company in Charlotte NC, started sell- of turning their police cars into rolling bill- suppression. Some of the mission systems on the ing the ads in approximately in September boards and joke about the poor guy who gets new aircraft includes the FLIR Thermal Imaging Under the deal, a police department agrees stuck driving a car with an ad for a feminine Device, SX-16 Search Light, and the Gemini to put ads on its patrol cars, usually on the hoods hygiene product, or worse. Mobile Workstation. or on the side and rear. In return, the company The York Regional Police Air Support Unit provides new patrol cars to the department for Michael Moriarty, North Brunswick’s pub- provides support to frontline police officers and $1, and replaces them every three years. The lic safety director, said officers from other com- Investigative Units. Some of the missions AIR2 company keeps the ad revenue. munities find the idea hilarious. They have been will be involved in will include: searches for “Due to a lack of government funding and calling up, pretending to be from Hooters and missing persons, suspects who flee crime scenes, tight budgets, police departments across offering to sponsor a car. locating people in distress on Lake Simcoe, traf- America don’t have the equipment they need,” But he said the idea can work, provided the fic enforcement, and deterrent runs in areas re- ads are done tastefully. quiring an increase police presence. In 2001, YRP Air Support unit responded to 1,390 radio calls and was first on scene 514 times with an average response time of 4.9 minutes. *** HAMILTON, ON — Security officers at McMaster University stopped a sexual assault in November and arrested a man after they caught the attack on high-powered surveillance cameras. A 20-year-old student, who had been visit- ing a friend at a campus residence, left the build- ing early Sunday morning and walked alone to- ward her car. A man followed her down a stairway and wrestled her to the ground before sexually assault- ing her. The McMaster security officer who moni- tors the cameras spotted the assault as it occurred. A 24-year-old Brampton, Ont., man faces sexual assault charges. *** HAMILTON, ON — RCMP and customs of- ficials had no Christmas cheer for a Hamilton- based liquor smuggling ring they shut down fol- lowing an 18-month probe, investigators an- nounced in November. A series of raids closed an operation that smuggled liquor from stores in the Buffalo, NY, area into Canada for two years behind false fronts built into tractor-trailers, investigators said. The RCMP and Canada Customs and Rev- enue Agency raided a number of city and area homes Oct. 25. Officers seized $63,000 in cash, two tractor-trailers, six vehicles, 150 cases of liquor worth an estimated $10,000, some sto- len property and firearms. For further details go to BlueLinks at www.blueline.ca January 2003 25 Understanding the Perception of Bias A Police Executive Research Forum policy to address racially biased policing

Racially biased policing occurs when law Policing impartially One aspect of ensuring enforcement inappropriately considers race or 1. Investigative detentions, the unbiased treatment of citi- ethnicity in deciding with whom and how to traffic stops, arrests, zens is to consistently apply intervene in an enforcement capacity. This ed- searches and property sei- the standards of reasonable ited Police Executive Research Forum (PERF) zures by officers will be suspicion and probable cause article proposes a policy for police forces that based on a standard of rea- to law enforcement interven- reflects this definition, addressing both racially sonable suspicion or prob- tions. The proposed policy biased policing and the perceptions thereof. affirms this: able cause, in accordance This policy was based on information col- Investigative detentions, with section 8 of the Char- lected from focus groups, a nationwide US sur- traffic stops, arrests, searches vey, existing policies, constitutional law schol- ter. Officers must be able to and property seizures by offic- ars and law enforcement agency counsel. The articulate specific facts and ers will be based on a stand- proposal: circumstances that support ard of reasonable suspicion or • emphasizes that arrests, traffic stops, investi- reasonable suspicion or probable cause, in accordance gative detentions, searches and property sei- probable cause for investi- with section 8 of the Charter. zures must be based on reasonable suspicion gative detentions, traffic Officers must be able to articu- or probable cause. stops, arrests, late specific facts and circum- • restricts officers’ ability to use race/ethnicity nonconsensual searches stances that support reason- in establishing reasonable suspicion or prob- and property seizures. able suspicion or probable able cause to those situations in which trust- Except as provided be- cause for investigative deten- worthy, locally relevant information links a low, officers shall not consider race/ethnic- tions, traffic stops, arrests, nonconsensual person or persons of a specific race/ethnicity ity in establishing either reasonable suspi- searches and property seizures. to a particular unlawful incident(s). cion or probable cause. Similarly, except as The PERF surveyors found many differ- • applies the above restrictions to requests for provided below, officers shall not consider ences of opinion among front line officers and consent searches and even those race/ethnicity in deciding to initiate even command staff, even within agencies, on this ‘nonconsensual encounters’ that do not those nonconsensual encounters that do not point. Some believed that officers should not amount to legal detentions. amount to legal detentions or to request con- use race/ethnicity to justify law enforcement • articulates that the use of race and ethnicity must sent to search. intervention except when specified as part of a be in accordance with the equal protection. Officers may take into account the re- suspect’s description. Others — when provided clauses of the Charter of Rights and Freedoms ported race or ethnicity of a specific suspect with hypothetical examples — clearly revealed • includes provisions related to officer behav- or suspects based on trustworthy, locally rel- an on-the-street use of race/ethnicity as a gen- iour during encounters that can serve to pre- evant information that links a person or per- eral indicator of criminal activity. vent perceptions of racially biased policing. sons to a particular unlawful incident(s). Race/ The PERF survey data confirms that many ethnicity can never be used as the sole basis agencies do not provide guidance to their front Background for probable cause or reasonable suspicion. line personnel on this point in policy. Just un- PERF’s survey indicates that, as a result of 2. Except as provided above, race/ethnicity shall der four per cent of the responding agencies recent high profile events related to ‘racial pro- not be motivating factors in making law en- reported that they have policies that “specify filing,’ 12 per cent of law enforcement agen- forcement decisions. when race can be used as one factor among sev- cies surveyed modified existing policies and 19 eral to make policing decisions.” per cent adopted new policies. Most of these While acknowledged that agencies may, to new policies prohibit officers from enforcement Compliance differing extents, address this issue in training, Violations of this policy shall result in dis- action (e.g., stops, arrests and searches) “based that alone is not sufficient. In this environment ciplinary action as set forth in the department’s solely on an individual’s race.” of minority citizen mistrust of law enforcement, Our policy proposed specifies when it’s rules and regulations. the PERF study strongly recommends that appropriate to consider race/ethnicity in mak- agencies set forth written policy parameters on ing law enforcement decisions. This policy de- Supervision and accountability the use of race/ethnicity to justify law enforce- fines “racially biased policing,” building on Supervisors shall ensure that all personnel ment intervention. section 9, 10 and 15 principles of the Charter. in their command are familiar with the content This proposed policy prohibits the use of The complementary provisions clarify when of this policy and are operating in compliance race/ethnicity as a general indicator of crimi- officers can use race/ethnicity as a factor to es- with it. nal activity, but allows officers to consider it tablish reasonable suspicion or probable cause in some situations, such as when provided with and provides similar clarity for using race/eth- Title and purpose suspect descriptions. Specifically, the policy nicity in making other law enforcement deci- PERF titled the policy Addressing racially states, Officers may take into account the re- sions. It also includes procedures that can re- biased policing and the perceptions thereof to ported race or ethnicity of a specific suspect duce perceptions of racially biased policing. reflect its strong preference for the term ‘ra- or suspects based on trustworthy, locally rel- cially biased policing’ over ‘racial profiling’ and evant information that links a person or per- Policy the importance of addressing both the real and sons of a specific race/ethnicity to a particu- (edited for Canada) perceived instances of its practice. The poli- lar unlawful incident(s). Race can never be Addressing racially biased policing and the per- cy’s stated purpose is “to reaffirm [the] depart- used as the sole basis for probable cause or ceptions thereof. ment’s commitment to unbiased policing, reasonable suspicion. clarify the circumstances in which officers can The standard for “trustworthy” information Purpose consider race/ethnicity when making law en- is the same one that officers should apply to any To reaffirm this department’s commitment to forcement decisions and reinforce procedures information they use to establish reasonable sus- unbiased policing, clarify the circumstances in that serve to assure the public that (the depart- picion or probable cause — that it’s worthy of which officers can consider race/ethnicity when ment is) providing service and enforcing laws confidence. “Locally relevant” means officers making law enforcement decisions and rein- in an equitable way.” Importantly, while this cannot rely on widely held stereotypes, or even force procedures that serve to assure the public policy addresses racially biased policing, agen- on the fact that in some areas of the country, a that we are providing service and enforcing cies could adapt it to cover biased policing re- certain race/ethnicity is linked to a certain crime. laws in an equitable way. lated to gender, age, etc. They need information that supports a link be-

January 2003 26 tween race/ethnicity and a specific crime in their ased way. That is, those provisions are insuffi- question of this person but for the fact that this own jurisdiction. It’s not absolutely necessary cient alone as they do not prohibit officers from person is white?’ that it be generated locally, but it needs to be disproportionately targeting certain racial/eth- Together, the provisions above prohibit ra- reasonably relevant to the local area. nic groups who are suspected or guilty of break- cially biased policing. They will prompt of- Considering race/ethnicity in initiating ing the law. Nor do they prohibit them from ficers to carefully consider their motives for other nonconsensual encounters or requesting otherwise treating people differently (e.g., with- engaging citizens and tightly circumscribe consent to search out dignity and respect) based on race/ethnic- their use of race/ethnicity in making enforce- Another policy provision extends those re- ity. We need the second provision reflecting the ment decisions. strictions to law enforcement activities that fall general principle of equal protection. outside the Charter restrictions, but nonethe- As an example, this second provision pro- Preventing perceptions of biased less pose great risks of being conducted in a hibits an officer from stopping a traffic viola- policing racially/ethnically biased way. Specifically, the tor and releasing them because he or she is white Some minority citizens participating in the policy restricts police consideration of race/eth- and then stopping another traffic violator and PERF focus groups acknowledged they would nicity in decisions to initiate even those requesting consent to search because they are be much more likely to suspect a police stop nonconsensual encounters that do not amount black. Even if the officer has acted in accord- was racially motivated if treated discourteously to detentions and in decisions to request con- ance with all section 8 and 9 Charter provisions, or not informed why they were stopped. Some sent to search. Officers must be able to articu- he or she has violated section 15’s equal pro- of the racial profiling policies we reviewed re- late some reason (not necessarily amounting to tection clause. As another example, this provi- flected this by including provisions emphasiz- reasonable suspicion) for initiating even a sion would prohibit officers from conducting ing the need to prevent perceptions of racial nonconsensual encounter that does not amount ‘pretext’ stops only of a particular racial/ethnic bias. Part B of the PERF proposed policy in- to a detention or arrest and for requesting con- group and not of others, because of race/eth- cludes some of these directives. For example, sent to search. They cannot justify either ac- nicity. Thus, the policy includes a provision that it proposes that an officer who detains a pedes- tion based on race, except when, as previously recommits the department to ensuring equal trian or motorist: discussed, they “take into account trustworthy, protection in all aspects of its work: • be courteous and professional. locally relevant information that links a person Except as provided above, race and eth- • introduce him or herself to the citizen, pro- or persons of a specific race/ethnicity to a par- nicity shall not be motivating factors in mak- viding name and agency affiliation, and state ticular unlawful incident(s).” ing law enforcement decisions. the reason for the stop as soon as practical, The qualification “except as provided unless providing this information will com- Ensuring equitable treatment above” is necessary to allow officers, in very promise officer or public safety. In vehicle The policy provisions discussed above do restricted circumstances, to treat people differ- stops, the officer shall provide this informa- not go far enough to describe and prohibit ra- ently on the basis of race/ethnicity. Those nar- tion before asking the driver for his or her cially biased policing activities. Although the row exceptions aside, the provision sets up the license and registration. provisions place restrictions on police using “but for” test for officers in evaluating all of • ensure that the detention is no longer than nec- race/ethnicity as information to justify law en- their interactions with citizens. For example, essary to take appropriate action for the known forcement interventions, they do not prohibit officers should ask themselves, ‘would I be or suspected offence and that the citizen un- officers from acting on that information in a engaging this person but for the fact that this derstands the purpose of reasonable delays. biased way, or from otherwise acting in a bi- person is black?’ and ‘would I be asking this • answer any questions the citizen may have,

For further details go to BlueLinks at www.blueline.ca January 2003 27 including explaining options for traffic cita- someone who was being sought. Many of these sonable suspicion to detain. (For example, the tion disposition if relevant. participants expressed continued anger over the officer might also have obtained corroboration • provide his or her name and badge number when event and lamented that “if only” the officer through parents’ observations and his or her requested, in writing or on a business card. had apologized or explained the circumstances, own observations over several days of a man • apologize and/or explain if he or she deter- they would have felt differently. Respectfully matching the students’ physical description mines that the reasonable suspicion was un- explaining a stop and, in some cases, offering standing in the same location exchanging goods founded (e.g., after an investigatory stop). an apology for any inconvenience caused, has for money with students, as witnesses de- Some of these provisions merit further dis- great potential for reducing the residual ill ef- scribed.) Thus, the officer could consider eth- cussion of how they were developed. fects of such encounters. (The officer is not nicity as one factor in the “totality of the cir- The provision directing an officer to intro- apologizing for what may have been lawful and cumstances” that could justify a stop related to duce themselves and provide a reason for the proper actions, but rather for the inconvenience suspicion of illegal gun sales. An example of stop was the subject of much focus group dis- and embarrassment the stop caused the citizen.) when the proposed policy would preclude the cussion. Not surprisingly, virtually all citizens consideration of race/ethnicity: favoured initiating stops this way. Practition- Compliance, supervision and An officer sees a poorly dressed young ers had mixed opinions — some advocated this accountability black male walking in an upper-class white method of contact and others criticized it. Supervisors have important responsibili- neighbourhood. Without trustworthy, locally The critics claimed that they need to get a ties in ensuring compliance with new policies. relevant information linking black males to citizen’s license and registration before stating They must hold those officers who fail to com- particular crimes in the area, the officer could the reason for a stop, lest they argue and refuse ply accountable, taking disciplinary action as not consider this person’s race as a factor among to turn over the papers. On the other hand, offic- appropriate. others in establishing reasonable suspicion or ers who generally provide the reason for the stop probable cause. That is, this policy prohibits up front said such cases are rare and, when they Conclusion officers from detaining people merely because occur, manageable. We believe providing an in- A policy that delimits the circumstances in they are purportedly ‘out of place’ by virtue of troduction and reason for a stop sets a profes- which race/ethnicity can be considered in law their race/ethnicity. sional tenor and establishes clear, direct and re- enforcement decisions is critical to any depart- spectful communication — these benefits out- ment plan to respond to racially biased polic- This material is an edited excerpt from Chapter weigh the infrequent negative citizen response. ing and the perceptions of its practice. The over- four of the PERF racially biased policing manual. Providing a name and badge number upon whelming majority of officers on the streets are A more comprehensive version of this policy is request is standard within departments, but pro- well-intentioned and do not want to engage in outlined in the book Racially Biased Policing: A viding a business card is not. Citizens in the racially biased policing. However, very few Principled Response, by Lorie Fridell, Robert PERF focus groups perceived that action as a departments have meaningful policies that ar- very positive sign of professionalism and ac- ticulate the circumstances in which race/eth- Lunney, Drew Diamond and Bruce Kubu, with countability. Some departments have adopted nicity can and cannot be used to make deci- Michael Scott and Colleen Laing. as standard practice the provision of business sions. A chief executive must not only declare Go to www.policeforum.org/racial.html for more. cards following all detentions. a prohibition against racially biased policing, The research reported here was conducted Some citizens in the focus groups had been but also clearly define the prohibited conduct through the Police Executive Research Forum detained because, presumably, they resembled in policy.tor in a set of factors to establish rea- and funded by the Office of Community Oriented Policing Services. The points of view expressed are those of the authors and do not necessarily represent the official position of the Office of Com- munity Oriented Policing Services or the Police Executive Research Forum or its members.

Two examples of situations in which officers, applying the proposed policy, could consider race/ethnicity in establishing reasonable suspi- cion or probable cause: * Reports of undercover officers and several recent arrests indicate that white students from the local college are buying cocaine at a particular inner-city apart- ment complex with primarily black resi- dents. In this situation, applying the pro- posed policy, an officer could consider the race of citizens visiting this complex as one of a set of factors to establish reasonable suspicion to detain. (For example, observ- ing on several subsequent nights an ap- parently intoxicated student with prior ar- rests for drug possession going to the resi- dence of a known drug dealer for two min- utes in the middle of the night). Thus, the officer could consider race as one factor that could justify a stop that is related to suspicion of drug activity. * A number of middle school students have reported that Hispanic men are sell- ing guns to students in the area immedi- ately surrounding the school. Again, ap- plying the proposed policy, an officer could consider the ethnicity of citizens.

For further details go to BlueLinks at www.blueline.ca January 2003 28 Britain’s “big brother” image raises questions about surveillance Calgary’s proposed budget is call- It’s a familiar image on the evening news use of the cameras across Europe for the Euro- ing for a reduction in the number of in Britain, the final steps of a murder victim or pean Union say the Bulger killing was an im- uniformed police officers. This a child who has been abducted caught on a portant turning point in the public debate. comes after police had asked for video surveillance camera. “Even if CCTV had not saved the toddler, at more cops on the street. Police Britons have become impervious to the pub- least it contributed to the identification of the Chief Jack Beaton had wanted 64 licly and privately operated cameras recording killers,” Michael McCahill and Clive Norris of new officers to deal with the city’s their movements on street corners and in subway the University of Hull were quoted as saying. growth but his plan has been rejected by civic officials. stations, buses, supermarkets and corner shops. However, recent studies of the devices in- Beaton says the city has grown by more than 28-thou- After all, Britain is the world’s dicate that police faith in the systems sand people in recent years, and in light of this, cutting leader in video surveillance with may be misplaced. officers doesn’t make sense. 1.5 million cameras cover- A charitable group that ing public spaces lobbies on crime re- New Brunswick MP Dominic LeBlanc is joining the cho- across the country, duction warned the rus of voices demanding more funding for rural RCMP says the human government this sum- detachments in the province. An internal report prepared rights group Privacy mer not to focus its by the Mounties says unless the province comes up with International. budgets on video sur- $4.6 million immediately, the force will have to scale back Media estimates veillance at the ex- services. LeBlanc says the police force is overworked and indicate the average pense of proven understaffed in remote communities. person living in a city crime-fighting meas- is likely to be caught ures, such as better A top Calgary police official is defending the force’s quota on camera eight times a street lighting. system for traffic tickets. Deputy chief Rick Hanson says day, but depending on where The National Associa- the requirement that officers average one ticket per shift you live and your daily move- tion for the Care and Resettle- produces safer streets. However, the president of the ments you could be videotaped as ment of Offenders concluded that police union, Sgt. Al Koenig says quotas turn officers many as 300 times a day. the impact of the cameras on crime into revenue collectors for the city. Koenig and the po- In its annual report released last is often overstated and without the lice union brought the issue to light because 10 consta- month, the human rights group singled out Brit- constant oxygen of publicity, the systems lose bles were given a letter citing them for insubordination ain for its reliance on surveillance of all kinds, their effectiveness. for not writing the necessary number of tickets. a trend that it believes has become more acute “Ironically, evidence shows that the biggest since last year’s terrorist attacks on the United falls in crime linked to CCTV installation oc- States. cur before cameras are operational, coinciding “The rate of growth of video surveillance, with the period when publicity is at its great- Less-lethal weapon communications surveillance and information est,” it said. launches blinding collection has exceeded the growth rate in such Rachel Armitage of the group’s crime and countries as Singapore and Israel,” Simon Davies, social policy unit said it would be foolish to fireball the group’s director, was quoted as saying. claim that well-planned CCTV can never have A US company is developing a ‘vari- The condemnation of Britain’s surveillance an impact, but it is not a solution to crime pre- able-range, less-lethal projectile’ that deto- culture was levelled despite legislation aimed vention on its own. nates in the air before hitting the target, tem- at limiting access to private data, laws that She said areas need to be appropriately porarily incapacitating potentially danger- Davies calls almost useless in limiting the policed, not remotely policed. ous suspects. growth of surveillance. At the University of Hull in Britain, The projectile ‘airbursts’ in front of the The first street cameras in Britain went up McCahill and Norris note that despite a variety target, creating a fireball effect ten feet in in the south coast town of Bournemouth in of studies there is still no firm answer on how diameter and with a luminosity more than 1985, but was quickly followed by others. effective cameras are in fighting or solving crime. 100 times brighter than the sun, which can Police regard the CCTV cameras as a bul- Using the arrest of the London Nail disrupt eyesight for up to 10 minutes. There wark in their fight against crime with the sys- Bomber, David Copeland, in 1999 as an exam- is no permanent eye damage, the company tems accounting for 78 per cent of the Home ple, they point out that he was caught by police says, and the fireball cools to room tem- Office’s crime prevention budget between 1994 13 days after setting off his first bomb in south perature in just 20 milliseconds, reducing the risk of burns. The projectile can also and 1997. London. By that time he had detonated two contain chemical irritants to further disori- more devices, one that killed three people and Yet for every report available showing that ent a target. video surveillance cuts crime, there is likely injured 76 others in a pub in central London. The weapon will be the first shoulder- another with statistics proving the cameras have To identify Copeland, police watched 1,097 fired, less-lethal ballistic that uses ‘radar little or no impact. video-tapes, or about 26,000 hours of tape. The fuzing’ — a transponder in the round is As far as the police and the government in senior officer in the case was quoted, however, tracked by a small radar system mounted Britain are concerned, the cameras work. as saying that police would have tracked on the launcher — for precise detonation. “It is absurd to suggest that this does not Copeland down even if video surveillance had When the round is nine feet in front of the help reduce crime,” Lord Falconer, the minis- not been available because of the traditional target, a radio signal is automatically trans- ter responsible for criminal justice, was quoted detective work that was done at the time. mitted from the launcher to detonate the as saying. Digital technology may soon make it easier ballistic. The rated accuracy of the system The use of video surveillance has risen with to find suspects after the fact as devices are is plus or minus six inches at 100 yards. little public fuss, partly because it has been cred- developed that automatically store and process The National Institute of Justice has ited with high profile successes, especially in images for easier identification. given the company, Law Enforcement Tech- battling IRA terrorist attacks and in catching Already in areas of London, cameras are nologies, a $285,400 (US) grant to develop the two boys who murdered toddler Jamie used to record licence plates, which are then the weapon, which is to be ready by mid Bulger in Liverpool in 1993. checked against databases to determine whether year and will be extensively field-tested Two academics involved in a study on the a driver may have criminal or terrorist links. before being brought to market.

January 2003 29 Police and mental health workers meet Unique meeting recognizes need for co-operation by Dorothy Cotton Dr. Greg Brown of Nipissing University, In retrospect, it seems perfectly presented Toronto obvious — as things so often do af- data suggesting a sig- ter the fact. Individuals with seri- nificant number of ous mental illnesses who leave the calls take more than protective ‘custody’ of institutions two hours for police will have greater contact with po- to resolve. Other lice and the criminal justice system. findings — the Surely that should have been appar- number of calls are ent to those who downsized and staggering, working closed psychiatric hospitals. relationships with The following questions come to Toronto hospitals mind: vary from efficient to 1. Are the mentally ill more danger- frustrating and indi- ous and likelier to run afoul of the viduals needing help law? are largely experi- 2. Did the mental health system re- encing psychotic dis- lease them knowing full well orders, although they’d present a significant addi- there’re also a fair tional burden to police? number who are sui- Front Row: TPS Cst. Scott Maywood, RNC Supt. Sean Ryan, Moose Jaw PS 3. Suggesting that people with men- cidal and disoriented. tal illnesses are dangerous isn’t Chief Terry Coleman, Ottawa PS Supt Pat Hayes Data from both politically correct — did that get Back: Louise Riopel, CLSC des Faubourgs (Montreal), Montreal Police cities suggest that po- in the way of setting up services Cmdr Benoit Duval, Dr. Dorothy Cotton, Correctional Service Canada, lice contact with that might benefit both them and Montreal Police Agent Sylvie Beauregard mentally ill people the public? rarely involves vio- 4. Is this even a line of work that the police • Moose Jaw Police Chief Terry Coleman, who lence but more information is needed. A review should be in? simply thought this was an issue that needed of the scant literature in this area clearly points The answer to all of these questions is the attention. to the need to know more about the people po- same — hard to say, not clear, not sure. Per- • Ottawa Police Service Supt. Pat Hayes, who’s lice are dealing with, their progression through haps the good news is that the answers are no responsible for liaison with Ottawa hospitals. the legal system and — more importantly — longer particularly important because some • Dr. Dorothy Cotton, a psychologist formerly what works and what doesn’t in terms of inter- things have become abundantly clear in the employed in a psychiatric hospital and now ventions. years since deinstitutionalization began: with Correctional Service Canada — who There are joint mental health/police services 1. Regardless of the reason, the mentally ill are couldn’t help noticing that police were in Hamilton and Ottawa; police officers are sec- overrepresented in the amount of time they spending an inordinate amount of time with onded to mental health agencies and these teams require from police. her patients. respond both to direct requests from ‘the field’ 2. Regardless of whether or not anyone saw • An enthusiastic group in Montreal — includ- and calls from other officers. In Montreal, the this coming, most police services were not ing Insp. Mario Leclerc, Agent de model is slightly different. Police there have the — and are not — well prepared to address concertation Sylvie Beauregard, Cmdr. option of calling a crisis team, which is specially this problem. Benoit Duval and mental health crisis team designated to respond; one of its major selling 3. Regardless of the fact that the mental health coordinator Louise Riopel — who called points is a fast response time — obviously a criti- system and police have not worked together when they got wind of a conference and said cal requirement for police work. closely in the past, there is an increasing need “please — we want to host this!” The need for mental health personnel and for them to do so. In all, 90 interested police officers and men- police to develop the skills and knowledge to 4. Regardless of whether they should be in this tal health professionals from all over the coun- deal with the risk management issues that are line of work, police are — and there needs try met to listen to the concerns of mentally ill inherent in this kind of work was a common to be some way for them to meet, problem- individuals and their families. We heard about: theme. All jurisdictions expressed concern solve, develop programs, compare notes and • Cooperative programs developed with mental about the difficulties encountered in dealing generally address their involvement with the health agencies in Montreal, Hamilton and Ot- with the medical system and emergency room mentally ill. tawa to co-respond to mental health crises. personnel in particular. Needless to say, the need Enter the Canadian National Committee for • The issues and informal mechanisms that arise for police training in understanding and relat- Police/Mental Health Liaison — that’s in smaller places like Repentigny and ing to individuals with severe mental illnesses CNCPMHL for short — and its first national Rimouski, Quebec, where there’s not enough was also a prime concern. conference, which was hosted by the Service de people to warrant a full time team but the prob- Training isn’t enough though - most juris- Police de la Ville de Montreal last September. lems are similar to those in the big cities. dictions lack the resources and organization to Catchy title, eh? We made it up. Who is • The lessons that can be learned from sys- enable police services and mental health sys- “we” and where did this group come from? It tematic data collection in Toronto and Lon- tems to work together, although there are signs began with: don, Ontario. of progress. Maureen Fedorus of the Cornwall • The concerns of Toronto Police Service (TPS) • Thoughts, ideas, problems and dilemmas that (ON) General Hospital spoke briefly about the Cst. Scott Maywood, who oversees the force’s confront all jurisdictions, regardless of size recently developed memorandum of agreement interactions with the mental health system. or location. between the hospital and local police services, • Vancouver Police Chief Cst. Jamie Graham, The London Police data is sobering; the which should further working relationships. who chaired the BC Association of Chiefs of force is spending dramatically more time and The overwhelming sense of the conference Police (BCACP)’s Mental Health Committee. money on the mentally ill and the number of was that there’s much work to be done. TPS • A/Supt Sean Ryan’s involvement with the ‘repeat callers’ is significant. Insp. Frank Trovato spoke about his research Newfoundland inquests into police shootings Similarly, Maywood, in conjunction with into how police decide what kind of action to of mentally ill individuals. take when dealing with individuals who appear

January 2003 30 to be mentally ill. It’s a complex subject and we still know little about how specific situa- tions unfold and why. The good news is that New photo bank helps feds fight fraud despite the picture portrayed by the media at The federal government has created a com- Biometric industry representatives say the times, Trovato’s and my own research shows puter database to hold facial images of project is part of Ottawa’s scramble to the problem is not one of ‘attitude.’ In fact, the Canadians who have passports to add biometrics to Canadian identity attitudes of the police toward the community help fight fraud. documents to satisfy the US. integration of mentally ill are at least as benevo- The photo bank is part of A new American security law lent as those of the general public, and some- a pilot project to use requires all friendly nations, in- what less authoritarian. biometric facial recognition cluding Canada, to add some form Perhaps Ryan and Coleman said it best for passport verification, a news- of biometric - a facial image, a fin- when they spoke of their frustration, questions paper in Hamilton, Ontario re- gerprint, or the pattern of the iris in and glaring deficiencies that are evident in ‘the ported in November. the eye - by the fall of 2003. system.’ It’s often presented as a ‘police prob- For the first time, federal officials will be Moraitis said the pilot project has noth- lem,’ which leads to suggestions about improv- able to scan photos quickly to check whether ing to do with the US requirements. ing and increasing police training, but that’s an image is attached to more than one name. Immigration Minister Denis Coderre really only the tip of the iceberg. The care of Biometric industry officials say the data- asked Canadians in November to debate the individuals with mental illnesses is the respon- base will also allow faces photographed for idea of a new national identity card encoded sibility of the health care system but some in- passports to be checked against terrorism watch with a unique, identifying biometric. evitably wind up in the criminal justice system. lists, police wanted files and other databases. Coderre said a national ID document The health care and criminal justice systems But a federal spokesperson said the photo might be similar to the Maple Leaf Card is- — and indeed, those people suffering from bank is intended primarily to fight fraud. sued to landed immigrants in Canada. That mental illnesses — are all part of the problem “We only want to eliminate imposters,” program was launched last June. as well as part of the solution. Marina Moraitis of the Passport Office in Ot- Those cards display a laser-engraved CNCPMHL is already planning its second tawa was quoted as saying. She elaborated that photo and signature, name, nationality, birth annual conference. We were fortunate to receive they specifically want to target people who ap- date, gender, eye colour, height, landing funding and support from the federal Solicitor ply for one passport under a different name. place and immigrant category, as well as an General and the Regie regionale de la sante et Moraitis acknowledged that there is po- ID number. des services sociaux Montreal-Centre for the tential for sharing databases, but said the cur- Coderre has also proposed adding first conference. Proceedings are being circu- rent pilot project focuses on passport verifi- biometric identifiers to the Maple Leaf cards lated to a variety of organizations — CACP, cation only. to make it harder for terrorists to obtain a CPA, the Solicitor General and mental health The Passport Office is scanning existing fraudulent version or steal someone’s identity. organizations. photos into the database as digital files. Start- Moraitis said it is not yet known whether The biggest drawing card for most partici- ing next spring, it will require new applicants facial recognition will eventually be used on pants was to meet with and talk to other people to submit digital photographs. all Canadian passports. working in this area. To keep the momentum going, a ‘listserv’ (e-mail forum for convers- ing with others from across the country) to share ideas has been started. To join, or if you would like to be on the committee mailing list, e-mail me ([email protected]). A lot of good people are doing a lot of good work in this area — it’s not enough but it’s a start. Stay tuned.

For further details go to BlueLinks at www.blueline.ca January 2003 31 Blue Line’s Coming Events are a free service to law enforcement agencies and related personnel support groups. Other persons or organizations may place their notices in this section at a price of $50 per insertion up to 25 words. Pre-payment by Visa, MasterCard or Cheque only please. Send information and pre-payment to: 12A-4981 Hwy. 7 East, Ste. 254, Markham, ON. L3R 1N1 or Fax (800) 563-1792 or E-mail to [email protected]. Feb. 5 -7, 2003 Feb. 27 - 28, 2003 April 29 - 30, 2003 Enforcement Training Association Youth Criminal Justice Act Youth & Crime 2003 Blue Line Trade Show (SOLETA) is offering ERD training Conference Niagara Falls, ON Le Parc Conference Centre at the Blue Line Trade Show on Toronto, ON Hosted by the Ontario Committee 8432 Leslie St. April 29-30, 2003. Go to The Youth Criminal Justice Act, of Youth Officers, the two-day Markham, Ontario www.blueline.ca and click on trade which will be proclaimed April 1, conference includes guest Blue Line Magazine’s seventh show and then seminars to register. emphasizes local community speakers, workshops and a panel annual law enforcement and responses to youth crime. of experts from various disciplines emergency response trade show, April 29 - 30, 2003 Participants will discuss the new who will discuss and answer promoting products and services ONGIA Street act’s philosophy and provisions, questions relating to the Youth for all law enforcement personnel. Gangs Seminar develop community plans to Criminal Justice act. Contact: Cst. Call (905) 640-3048 to register as Le Parc Conference Centre implement it and and interact with Jennifer Caddell at an exhibitor. Attendees can register 8432 Leslie St. other professionals and groups. [email protected] or at www.blueline.ca. Markham, Ontario Contact: Jean Milligan at (705) 725-7025 x2551. The Ontario Gang Investigators [email protected] April 29 - 30, 2003 Association (ONGIA) is offering Extraordinary Rapid or (416) 977-0089 x218. a seminar on street gangs at the April 2 - 4, 2003 Deployment (ERD) Training Sexual Assault/Offender Blue Line Trade Show on April 29- Feb. 12 -14, 2003 Le Parc Conference Centre Management Issues Conference 8432 Leslie St. 30, 2003. Go to www.blueline.ca 7th Annual Conference on Child and click on trade show and then Abuse Issues Hosted by the Niagara Police Markham, Ontario seminars to register. Niagara Falls, ON Service’s sexual assault and The Southern Ontario Law Hosted by the Niagara Police offender management units and geared toward police and crown Service’s child abuse unit and Drowned man found alive — and arrested featuring experts in interviewing attorneys dealing with sexual victims and suspects in abuse cases, assaults and offender LES COTEAUX, QC — A man ter, leading rescuers to believe he including Dr. John Yuille, Dr. management. Speakers include presumed drowned was found had drowned, said police. The Lillian Glass and Crown Attorney Doctors Alberto Choy and John alive in his bed and was charged RCMP, Quebec provincial police Rita Zaied. Contact: Lianne Daley Yuille. Contact: Maureen Phelan in November with allegedly try- and local rescue crews combed at (905) 688-4111 x5100. at (905) 688-4111, x5100. ing to collect a $300,000 insur- the river for two days before call- ance claim. ing off the search. Florent Terrassin, 40, and his Investigators became suspi- wife Josette Faure Terrassin, 32, cious when they received a call face fraud and mischief charges from the couple’s insurance after the man disappeared for company. Police also received a several weeks following a fish- call from a Canada Customs ing trip in August. agent who claimed she had seen Police said the man had been the man cross into Canada from hiding out in the United States the United States a few weeks while his wife allegedly tried to after his disappearance. cash in two insurance policies Further inquiries revealed worth almost $300,000. the couple’s young son told Terrassin’s wife called police on schoolmates he had spoken to his Aug. 20 to report that her hus- father, said police. Investigators band was lost in the St. Lawrence believe the accused dumped his River. shoe, wallet and fishing gear into His wallet, a shoe and fish- the St. Lawrence River to throw ing gear were found in the wa- police off his trail.

For further details go to BlueLinks at www.blueline.ca For further details go to BlueLinks at www.blueline.ca January 2003 32 Art of the sting Undercover officers explain how they caught murderer by Danette Dooley Once Doyle agreed to “Are you the cigarette man?” murder Adams’ wife, the of- Brian Doyle asks; ‘Fuzzy’ nods af- ficers introduced firmatively. Toronto Police Serv- MacCallum to their unsus- ice (TPS) Cst. Brian Adams, an un- pecting newfound friend. At dercover cop known as Fuzzy to last he would get to meet Mr. police forces throughout Ontario, Big — the head of the ficti- knew little about Doyle. He was tious crime group. simply told where the former “Out at Pearson Airport Newfoundlander, now living in (in Toronto), there is a big Mississauga, worked and to start private landing strip where a relationship with him. all the big people come in in Doyle’s zest for cheap, contra- their private jets,” Adams band cigarettes opened the door explains. and eventually led to his arrest for “Don came into the big the 1991 New Year’s murder of St. terminal and Brian thought John’s, Newfoundland resident he just arrived in a private jet. Catherine Carroll, a crime that was He was very impressed be- falsely attributed to Gregory Par- cause he saw all the money sons, the victim’s son. that I had — I had maybe two “They wouldn’t tell me any- or three thousand cash all the thing about the homicide,” said time — and when I’d hand Adams. “They told me where off money to Don, he would Doyle was working and I went up see that. there and sold a couple of cartons Convicted murderer Brian Doyle is placed in handcuffs by a Newfoundland “I’d have it all wrapped of tobacco, but I didn’t see Doyle Sheriff’s deputy as he is led from a St.John’s court room in November. up in pieces of paper all torn that day — I gave out some of my up the size of dollar bills. undercover cards and I told all the employees “We’d have two-to three-hour meetings They’d be all wrapped up. It would be $10,000, that I’d be back the next day. over dinner and drinks and we’d have discus- $25,000, $50,000 — and he thought if he does “The less I know, the better it is.” sions about the business — who Donny the boss things right, he could get a part of this too and Doyle and his sting partners — TPS Sgt. was, what it would take to get involved in the be the Mr. Big.” Don MacCallum and Peel Regional Police Cst. organization; and definitely our big boss here Dressed in a suit and tie, the tall, broad Catherine Heaney — were in St. John’s recently was the main man that we made our payments shouldered MacCallum looks the part of an for Doyle’s trial. They sat in the back of the to and the one we had to satisfy.” executive and told Doyle he had information courtroom and listened to testimony they’d Heaney smiles and points to MacCallum. the Newfoundlander was wanted in connection gleaned from Doyle a year ago; testimony so “Obviously that intrigued Brian to become part with the Carroll homicide. strong, it led the 32-year-old man to admit he’d of the organization.” “The door is there my friend, you can leave murdered Carroll 11 years ago. Before long, Doyle was expressing inter- if you don’t wish to play ball,” he told him; The homicide was brutal; the woman had est in Adams’ brand new truck. The seasoned after several hours of conversation, MacCallum been slashed 53 times with a knife from her undercover cop knew his plan was working. asked for details on the murder, promising own kitchen. “He loved my truck and wanted to drive Doyle the information would go no further and In a four-hour interview last June, Doyle it,” recalls Adams. “As (the trust) built up over that he would be provided with false ID to help told Insp. Bob Johnston of the Royal New- the weeks, I told him that the guy I worked for evade police. foundland Constabulary that he left a New — Don, who was Mr. Big — I told him if things Not only did Doyle confess, he also dem- Year’s Eve party, went to Carroll’s home, mur- work out, maybe some day you can meet him. onstrated how he slashed his victim. dered her in the bathroom, took a shower and He kept on coming back. He wanted my truck. Parsons was eventually cleared of the crime continued on his way. Then I told him Don wants to meet with you by DNA evidence left at the scene and paid and if things go well you can have a truck like $650,000 by the Newfoundland government to this, too... help compensate for the wrongful conviction. Setting it up Doyle was originally charged with first- “Then greed took over. I told him (by sell- Selling booze and butts from his truck is a degree murder in 2001 but pled guilty last No- ing) cigarettes at such a cut price he was mak- ploy Adams has been using for years to gain vember to second-degree murder. the trust of hardened criminals and murderers. ing more money off me than what he was at Although their work on the case ended more Once Doyle showed an interest in what he had work. That kept him coming back and back. than a year ago, the Ontario officers went to to offer, the officer slowly reeled him in. Then he’d invite me down to this house. We’d the trial for one reason. “We built up a relationship. I got involved go out to bars and have a few drinks and, over “The day this all ended, all three of us said in several scams where he thought I was pass- the weeks, he got to like me and respect me.” the only thing we wanted to do was go down ing off hundreds and thousands of dollars in there and shake Mr. Parsons’ hand,” firearms, explosives… you name it and he Testing Doyle MacCallum said. thought I was in it.” In order to test Doyle’s character, Adams “This is the most significant case I’ve ever As Adams gradually gained Doyle’s trust, took the scheme one step further, telling Doyle worked on. Not only did you catch the bad guy, he introduced Heaney, a 15-year veteran who’s that his ‘old lady’ was giving him problems and but you gave somebody else their life back. So worked with him on numerous undercover op- he wanted her ‘knocked off.’ if there’s ever justice, this was true justice, and erations, as a coworker in a fictitious crime “He volunteered right away to do it and he that’s why we’re here.” organization. had no qualms about it at all. He would just Doyle is scheduled to be sentenced this “We met with Brian on a number of occa- gladly do it.” month. sions in explaining the successes (of the or- Doyle had only one stipulation. He wanted ganization),” she says, “so there was a rela- to have sex with Adams’ wife as part of the deal. Danette Dooley is Blue Line’s east coast tionship that developed between the two “He asked me if I’d get mad about it. I said, Columnist and can be contacted at Brians and myself. ‘no, of course not. You do what you want with her.’” [email protected]

January 2003 33 Forensic mapping BlackHawk tactical Online incident software air mask reporting

MicroSurvey Software’s MapScenes forensic MSA Canada introduces their new line of PPM 2000 has released their new line of inci- mapping software allows you to quickly create BlackHawk Tactical Air Mask. These new dent reporting software with a new spin: online. accurate 2D and 3D representations of accident masks feature 3 sizes of UltraElite face pieces, The system is subscription based, and can be or crime scenes. The software comes with an the NightFighter heads-up-display and the accessed over the Internet from anywhere in integrated vehicle specifications database, line- SpeeD-ON Kevlar harness. The heads-up-dis- the world. PPM 2000 claims IRIMS Express of-sight tools and built-in training videos. play uses an LED array instead of an audible Online (IXO) will save their clients the costs MapScenes integrates with other MicroSurvey alert that could compromise concealment dur- normally associated with purchasing and host- products, and is available in both “PRO” and ing a tactical operation. ing their own software while maintaining a high “LITE” versions. level of security and accessibility. First responder Optimized GSR kit Covert digital CCTV defibrillator Medtronic Physio- Control’s LIFEPAK 500 is a fully portable defi- brillator for cardiac arrest victims. The LIFEPAK was de- signed for ease of use by a “first re- sponder”, like a police officer, who would be the first person to arrive on the scene. As a durable, reliable and easy- to-use lifesaving tool, Medtronic claims the Carol Products introduces their Snoop Line LP500 is the AED of choice for Canadian law Forensic Analytical now offers a complete Gun- of covert CCTV camera systems. Snoop sys- enforcement agencies. shot Residue Collection Kit. The kit has been tems record digital video to a memory card the optimized to improve sampling accuracy while size of a postage stamp, allowing the system to reducing the time and cost of analysis. The total be hidden in very small places. Each system New laser sights for SIG GSR kit is ultra-portable, including two collec- can record up to 20,000 frames of time stamped handguns tion stubs, sampling instructions, field documen- video, and is available pre-concealed in a wide tation, latex gloves and evidence seal tape. variety of common objects. Lightweight bipods

LaserMax Inc adds two new internal gunsight lasers for popu- Advanced Technology Inc announces lar SIG models P239 and several new FeatherWeight Bipods for P245. The laser sights require tactical rifles. All models are manufac- no smithing and never go out of tured with black, injection-molded alignment. LaserMax claims their nylon and weigh between 6 and 8 pulsating laser beam deviates no ounces. Advanced Technology claims more than 2 inches at a distance of “this breakthrough in engineering 20 yards, making it the most accurate sighting technology fills the link between system of its kind. quality and affordability.”

January 2003 34 Unleashing the leaders within by Frank Elsner - Deputy Chief Owen Sound Police Service Leadership isn’t about having all the answers or being the best or smartest person. In fact, great leaders from Sir John A. Macdonald to Lewis Mackenzie surrounded themselves with the best and brightest individuals they could find. Leadership can be a tricky balancing act, particularly in policing. Encouraging initia- tive and creativity through participatory lead- ership is harder than it looks and must be bal- anced against the command structure’s need for order and control. I think it works. But adopting it takes guts because when you’re the boss, the buck stops with you if some- thing goes wrong. Therein lies the dilemma of the modern leader. I can’t begin to count the number of courses and seminars I’ve attended where the speaker says people are our most valuable re- source — but do we put this into practice? strictly adhered to. Undermining established datory, which limits ‘kingdom building’ and al- Police leaders can and should create a work- objectives must be dealt with strictly but fairly. lows staff to become familiar with other jobs ing environment where the best, brightest and There comes a time when one must say ‘you and gain different skills. most creative employees are attracted, re- are either on the bus or in front of it. The choice It’s misleading to suggest that police man- tained and, most importantly, unleashed — is yours, but this organization is moving for- agers should always empower their staff or seek given the opportunity to fulfill their poten- ward with or without you.’ At the same time, input. There are many circumstances where the tial as people as well as employees. leaders must be aware that mistakes are going command and control structure is not only ap- Truly listen to what they have to say and to be made; it’s a part of the learning curve for propriate but also very necessary. You can en- take it into account when making decisions. everyone. Pay attention to the successes and courage a participative organizational structure Encourage them to make decisions and to not don’t punish honest mistakes... learn from them. but ultimately you, as the leader, must make fear failure. Create an environment where risk- One of the hardest things a leader has to do the tough, unambiguous choices that could in- taking is rewarded when done in the best inter- is give up authority and power. Managers who fluence the fate of the organization. est of the organization. don’t must always be on guard to ensure that The people we hire today are far better edu- Communicating effectively is a major chal- what they want done, gets done. It’s been my cated than in the past, trained to ask “why” and lenge for any leader. You may have the best experience that the vast majority of our mem- to look for better ways to do their jobs. These plan of action and the welfare of your staff at bers are hard-working, honest employees who are the qualities that we should look for — smart heart but if you don’t effectively communicate want to be trusted and will rise to the challenge managers use these traits to further the organi- it to them, you and they will fail. if given the opportunity. Managers who empower zation’s goals. The Owen Sound Police Service has an their staff to make decisions and carry them out Smart leaders must be able to balance the annual one-week retreat for all front-line su- don’t have to micro manage or continually hound needs of the organization against those of the pervisors, held off site, to discuss new policies, for results, lessening their workload. employee. Smart leaders will walk that fine line procedures and legislation and the way we, as Our High Enforcement Action Team and inspire their staff to perform their duties. an organization, can best implement them. (HEAT) is a good example of this. The duties Not because they have to, but because they want Guest speakers include representatives from the of these community-oriented officers are a to. If we truly believe that our staff is our great- crown’s office and police college instructors. blend of strict enforcement and community-ini- est asset, then we must trust them with the There’s also a round-table discussion with sen- tiated problem solving. Due to their unique power and authority to make decisions that are ior command staff, with no subject off limits. work, they require flexibility in their shifts so in the best interests of our organizations. This process has helped to open the two-way they were empowered to set their own hours Our officers and civilian staff have a bounty communication that is vital in any organization. without the prior approval of management. of life experience and education and it’s incum- Beyond the retreat, the Police Association, Further, HEAT officers can identify their own bent on police managers to encourage them to along with rank and file members, are consulted objectives and pursue them. This small-scale use it. Good leaders must look past the length on issues that directly affect them. More than example has been very successful. of resumes and degrees to the attributes we mere lip service is needed or the process fails. Too often, people not open to learning new value most. Attributes such as intelligence, If changes occur, they must be well communi- ideas or concepts for fear of looking incompe- judgment, loyalty, integrity, drive and a bal- cated throughout the organization; people are tent stifle change. Police managers must create anced ego. Police leaders must make them- less likely to sabotage the process if they un- a climate where people’s worth is determined selves accessible and available to these people derstand it and have real input. As police man- by their willingness to learn new skills and and establish a culture of trust and open com- agers, however, we must be aware that com- adopt new responsibilities. Training and edu- munication, where blame is replaced by prob- munication and explanation for some people cation is paramount for this to succeed. By ex- lem analysis. Leaders must truly understand will never be enough. Typically one third of ample our agency has drastically increased the their efforts and challenges while continuing staff will support management’s initiatives and training budget. In addition supervisors and act- to demand professionalism and excellence. a third will not; the trick is to reach the third ing supervisors receive government accredited A good dose of humility is always a wel- that are on the fence. Taking the time to ex- training in leadership and team building. This come attribute for a leader. Without people to plain to them new initiatives and why they are year, all members will receive training from the follow you, there’s no reason for your existence. needed can reap harmony rather than discord. Ontario Police College in ‘building a learning Remember why you are there and take care of Police leaders must establish clear objec- organization.’ Members are encouraged to fur- your people. Will Rogers said it best; “if you get tives and guidelines for the minority who don’t ther their education, with some on-duty time to thinkin’ you’re a person of some influence, support the changes and ensure that they are permitted. Cross training of positions is man- try orderin’ somebody else’s dog around.”

January 2003 35 Customized cars can be dangerous by Tom Rataj ment. Common modifications include replac- fect passenger safety in the event Spurred-on by the recent hit movie The Fast ing shocks, struts and springs to make the ride of a crash. A car’s crash safety and the Furious, the automotive aftermarket is much firmer and lower the ride height. High rating takes many factors into booming. People are spending much time and performance, low profile tires and aluminum account, including the proper money building ‘show cars,’ regular produc- wheels are generally added; the tires generally mounting and positioning of tion vehicles dressed-up with fancy paint-jobs, do not qualify as ‘all-season,’ making them a seats, seatbelts and airbags. body trim pieces, various accessories and, of safety hazard on wet or snow covered roads. Smaller competition course, a powerful sound-system. Engine performance is boosted through vari- steering wheels, some of Performance customized cars, on the other ous mechanical and electronic means, including which are not even com- hand, are often heavily modified to substantially replacing the exhaust and air-intake systems. For pletely round, are also improve acceleration and high-speed handling. those with money to burn, both figuratively and quite popular. Most In street racers, extreme modifications are of- literally, there are nitrous-oxide injection systems are unable to accom- ten done to every component of the drive train that provide significant performance enhance- modate the OEM air and suspension, while superfluous parts like ments, albeit for just a few seconds. bag, posing a safety haz- rear seats and interior body panels are removed An aftermarket or ard for the driver. in order to shed a few kilograms. modified ‘engine High-performance exhaust system, includ- While the economic activity generated by control unit’ ing headers, larger diameter pipes and less re- this trend is certainly welcome, numerous pub- (ECU) – the ‘com- strictive mufflers, pose a number of potential lic safety issues and crime concerns have arisen. puter’ that controls problems. Removing catalytic converters to Illegal street racing, whether organized or im- an increasing improve performance obviously violates emis- promptu, occasionally results in horrific number of engine sion, environmental and traffic laws. The less crashes, often involving innocent bystanders and transmission restrictive mufflers generally don’t ‘muffle’ as and legitimate users of the road. functions – can be well, resulting in more noise than generally Vehicle and parts thefts are common, while purchased for several hundred dollars. They in- permissible by law. some cheaply made aftermarket parts and modi- crease performance by managing spark timing, While not necessarily performance ori- fications fail to meet government legislated fuel delivery, fuel/oxygen ratios and turbo- ented, heavily tinted windows, tail lamps, head- performance, safety and emissions standards. boost, as well as a wide variety of other related lights and turn signals are also quite popular. functions. Replacing them is referred to as Generally anything that covers or hinders the Performance ‘chipping.’ effectiveness of exterior lamps causes safety Much of today’s customization market is Aftermarket one-piece ‘racing’ seats are issues and therefore is illegal under provincial driven by true performance enhancing equip- popular accessories that may significantly af- highway traffic acts. Tinted windows are also safety hazards. Drivers cannot see outside of their car clearly, especially at night, and officers conducting traf- fic stops will have difficulty seeing inside the vehicle clearly. Any aftermarket tint darker than the ‘privacy glass’ common on minivans and SUV’s falls within this category.

Tail lamps Another very common aftermarket product is the clear tail lamp hous- ing, usually consisting of a completely clear outer lens and a variety of amber and red signals set in a chromed back- ground. Often referred to as ‘Altezza’ (after the Toyota Altezza – sold in North America as the Lexus IS300) or ‘Euro’ style, they’ve been copied al- most endlessly by both aftermarket and car manufacturers around the world. While the original equipment manufacturer (OEM) tail lamps installed on the IS300 sat- isfy all the regulatory requirements, many of the aftermarket ones fall short. Common defi- ciencies include the absence of side and rear reflex reflectors, which make cars parked on the side of the road at night easier to see. Other popular features are ‘smoked’ lenses, where the outer plastic is not clear, and a wide variety of coloured signal lamps, including the currently common blue. Some Altezza style assemblies have no col- oured lenses, relying instead on coloured bulbs For further details go to BlueLinks at www.blueline.ca January 2003 36 to provide the appropriate light colour. The common halogen based try-level version of a particular model. It’s prob- bulbs are often not the proper colour and aren’t systems. able that they’re being installed on the thieves’ nearly bright enough, making them hard to see, Their car or being sold for a tidy profit to other indi- especially during the day. brightness and viduals or body shops. Prices range from under $50 for corner lamps bluish-white Under certain driving conditions, or if HID to as much as $500 for complete assemblies. colour assemblies have been damaged or misaligned, Tail lamps and many other automotive parts makes they can also pose a safety hazard to oncoming are required to meet standards set out by the them easy traffic because they are so much brighter. Society of Automotive Engineers (SAE) and to spot. Un- the U.S. Department of Transportation (DOT), like traditional Concerns which generally extend to products shipped to incandescent and halogen bulbs, which pass an Heavily modified and customized cars raise and/or sold in Canada. electric current through a filament inside the a number of issues. While mainly ‘cosmetic’ From a public safety and law enforcement bulb, HID bulbs create light by arcing power modifications are generally just that, a seem- perspective, these aftermarket tail lamps cre- between two electrodes inside a bulb filled with ingly innocuous change such as the Altezza ate a number of serious issues. Do they meet Xenon gas. style tail lamps can be dangerous. the SAE, DOT and provincial highway traffic The aftermarket crowd initially mimicked Performance modifications pose a far greater act visibility range requirements and if not, what the lights with halogen bulbs painted blue but number safety hazard, both from an equipment impact do they have on road safety? now offer true HID aftermarket conversion kits, and road safety perspective. Heavily modified Another recent and more welcome devel- some of which are advertised as ‘street-legal.’ ‘performance’ cars are often equipped with af- opment is light emitting diode (LED) assem- Aftermarket kits consist of a pair of replace- termarket parts that are not equal in design or blies, which have started appearing on new ment headlight units, ballasts and all the nec- quality to OEM parts, making them a hazard to Mercedes, Cadillacs, Range Rovers and other essary cables, switches and mounting hardware occupants and other users of the road, especially makes and have also been available on OEM for around $1,000. if they’re used for street racing. If so, they also and aftermarket spoilers. HID offers a number of significant advan- most certainly contravene the terms of their in- These lights offer a number of major ad- tages over halogen, including double or triple surance policies and if leased, generally contra- vantages over the traditional incandescent light the light output, about half the power consump- vene the terms of the lease. bulb based units; most notably, they turn on or tion and as much as ten-times the rated lifespan. Many performance enhancing parts, espe- off almost instantly instead of fading on and As with any other popular or in-demand prod- cially ‘chipped’ engine computers and high off. From a design perspective, they require far uct, HID headlights have become one of the new- performance exhaust systems, directly contra- less space, consume far less power and gener- est theft trends. News reports indicate assemblies vene emission standards and noise regulations ally last for the lifetime of the car. are being stolen off high-end vehicles. and are expensive, which can result in a black- HID’s are generally upgrades on the entry- market trade. Headlights level versions of many high-end cars, while the Thoroughly investigating these modified Fairly common on expensive imports and top-of-the-line trim level often features them cars with the appropriate enforcement actions domestics, high intensity discharge (HID) head- as standard equipment. The actual assemblies can improve road safety. Awareness of theft lights feature xenon bulb technology, which are designed to fit onto the same car model, so related issues can be used in crime prevention produce substantially more light than the more a stolen one can easily be installed on the en- and apprehension strategies.

For further details go to BlueLinks at www.blueline.ca January 2003 37 The toss of a coin by Robert Stevens When business indicators dropped off alarm- ingly from one quarter to the next last summer, gloom and doom pervaded financial circles — then the spin doctors stepped up to the plate. Seems that everything was fine after all and the world was unfolding as it should be- cause, don’t you see, business hasn’t dropped off at all. Provided that you compared the quar- ter to the same quarter of the previous year, we were actually ahead of the game. It was only because the previous quarter had been so good that this quarter looked so bad, so we could all relax. Lesson: If you don’t like the results of one comparison, compare your num- bers to something else. How many people have settled a minor (or even a major) decision on the flip of a coin? Perhaps most of us; but when the results are the opposite of what we really wanted, we of- ten utter that classic phrase; ‘let’s make that two out of three’ or ‘how about three out of five?’ You just keep flipping until you get the result you really want. Lesson: If you don’t like the first outcome derived from a narrow base, broaden the base — or change it. Sooner or later, you’ll get what you want. Beautiful! Recently a spate of outrageous, high pro- file and nasty crimes soiled the carefully cul- tivated, blissful image that an unnamed com- has been spent on regulating duck hunters than great damage. Nowhere is that more obvious munity was trying to market for itself. An an- on counterterrorism yet it’s reported time and than with the men and women of the Toronto noying upward blip in the year to year crime again that terrorist cells exist in Canada. Les- Police Service. While they won’t discuss it, statistics would not sit well on those glossy son: Duck hunters are safer to regulate than it’s readily and sadly apparent that they feel brochures pumped out annually to attract visi- armed killers or terrorists. hurt, angry and betrayed. No police depart- tors and capital. Short of lying, what to do? The careful use of statistics might benefit ment, to my knowledge, has tried harder to Simply toss out the previous year as a base society and direct help and policies to where bridge the gap between ethnic groups or is for statistical reference and instead use the pre- they are most needed. They could identify freer of racism. What the Toronto Star did was vious decade — or any time period that makes groups which may otherwise go unnoticed and irresponsible and wrong. With perfidy and the comparison look better. Lesson: Fudge it. help gauge the success of our efforts, but as a malice, they have twisted the meaning of sta- It’s better than lying because, while equally molder of public opinion, they’re highly ques- tistics to their own ends. I wish the Toronto deceptive, it has the veneer of truth. Brilliant! tionable and potentially mischievous. Police Association success in their law suit The artful and creative use of statistics is The point is that while in some contexts against the newspaper. Lesson: If you are the employed all the time in order to bolster weak statistics can be useful and helpful, they can mighty Toronto Star and it’s a slow news day, arguments. The most recent, and significant, also be dangerous and their misuse can cause invent the news. example that comes to mind are Canadian long gun statistics. Dubious methodology was used to obfuscate the fact that a miniscule amount of violent crime could be attributed to rifles and shotguns — and even that tiny number Accident Support Services 18 Henry’s 32 was diminishing when compared with the Advanced Interactive Systems 23 John E. Reid 15 ubiquitous hand gun which, we note, has been Blue Links 5 Laser Labs 9 subject to firearms registration for 68 long Blue Line Reading Library 39 Lloyd Libke Law Enforcement Sales 28 years. All this to support the draconian, intru- Blue Line Trade Show 4, 40 Medicine Hat Police Service 24 sive, costly (and next to useless) Government Long Gun Registry. BMW Motorcycles 11 Nine-One-One Outerwear 17 Need one observe that the nearly billion CALEA 36 Panasonic Canada 7 dollar Long Gun Regis- Canadian Medic Alert 27 Planning Systems Inc 20 try has, to date, not DaimlerChrysler 2 Treck Hall 37 spared one homicide Dalhousie University 25 Triform Business Systems Ltd 19 victim shot dead by il- Delmas Manufacturing Ltd 32 Viking Metals & Military Supply 23 licit hand guns this year? Ford 9 Westervelt College 31 How many added police patrols would a billion bucks have bought? Eight times more money

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