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Fully revised 5th Edition, THE DRINKING AND DRIVING LAW POLICE MANUAL OF ARREST, by Alan D. Gold SEIZURE AND INTERROGATION Alan Gold, one of Canada's foremost defense by Roger E. Salhany lawyers, keeps you up-to-date on both reported ~Thi up-to-date manual is an everyday and unreported cases. He gives you "the bottom working tool for law enforcement officers. It sets line". Boldface headings flag the relevant issues. out proper procedur s for arrest, seizure and Innovative approaches, legal briefs on Charter int rrogation that will stand up to the stringent issues and critical analysis are presented in r quir ments of the Charter of Rights and concise easy-to-read form. Complimentary Fr doms and the do e scrutiny of the courts. binder and semi-annual indexes. Thi fifth edition features recent Supreme Newsletter / 10 issues annually / $180.00" / 0-830-0917 court of Canada decisions limiting the power to arch an arre ted p r on, defining "detention" and when the right to counsel arises, and setting th parameters for the accused's right to remain il nt. Softcover /1991 / 230 pp./Price not yet fixed" /0-459-35481-7 YOURS FREE! Carswell Police News arwell Police News i Canada's fastest growing newsletter for law enforcement professionals. Published 6 Ctime a year, it pre ents articles, case comments, book reviews, new techniques being used by police forces in other countries and other items of interest to members of Canada's police force. omplimentary sub criptions are available to all law enforcement professionals. Request your free sub cription today!

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IN THIS ISSUE EDITOR 'S NOTES

FEATURES:

Editor's Notes 3 The' 'Straight" War Letters to the Editor 4 he recently concluded war in the 10-70 4 T Persian Gulf has been labeled by Editorial - The Global Police Officer 5 many as the "Straight" war. Cana­ dians and Americans who served in Canadian Divers Go to Britain 6 the conflict found that they had to A Progressive Approach to Firearms Training - Craig Best 10 conform to the local traditions when Stress - Marc Rogers 12 it came to behaviour. Being in a Canada 20 Years Behind in Police Dive Teams 13 Moslem country, and being in a very sensitive position with their allies, When the Chase is Over - w.T. 18 soldiers found that they were pro­ After the Use of Deadly Force 19 hibited from drinking or partaking in Artists and Computers Help Find People - Marjorie Sparkes 21 extra-curricular drugs or sex. Handgun Vs. Revolvers - Response - W.N . Burton 22 Of particular concern was the soldier's penchant for pinup girls. This Police or Political Control - Part 2 - Connie Boyden 23 has been a western tradition that was Careless Driving - Morley Lymburner 26 frowned upon by Islamic sensitivities. Rap With Rock 27 To the rescue came Police Officer Jac­ Up-Coming Events 28 queline Phillips Guibord of the Provo, Utah, Police Department. The Product News 29 30-year-old officer posed for a Torch Run For Special Olympics 30 Wrangler Jeans advertisement in several U.S. magazines conservative­ NEWS: ly dressed in a red shirt and denims while holding a shotgun and leaning Murders' Conference Cancelled 14 against a police car. The ad found Money Allocated for Victims 14 a captive audience in the Persian Gulf Missouri State Adopts Semi-Auto Guns 14 and Jacqueline's picture found its way into many bunkers and lockers. Ontario Reports Drop in Road Deaths 15 The officer stated to reporters that she is a true American patriot. "I think CASE LAW: they like the message, which is 'Pro­ tect and Serve';' said Guibord, "That's Airports Are Public Places 9 what they're doing over there, too." Choke Hold Makes Refusal Justified 25 You can add this to your list of trivia. It is believed that this is the first time a cop became a pinup girl.

April 1991 Blue Line Magazine bery suspect in a bank full of people, Letters to the Editor 10-70 especially without having fully assess­ This is a column for you to make your ed the situation and risking the REAL BIRDMAN NO SAINT point. There will be no editorial reply possibility of gun play where innocent Regarding your "Birdman of Alcatraz" and your name will be withheld if you persons may be involved is fool­ article, (Vo1.3 No.1 January '91) I specify this. The publisher reserves the hardy at best, criminally negligent at have just completed a private tour of right to edit comments so his buns worst. the Alcatraz prison and upon my don't get sued off. Keep copy within In the above situation, I suggest the return I was particularly interested in the realm of good taste and decent prudent course of action would be to this article in Blue Line Magazine. length. (no more than 500 words make detailed observations, possibly You may find the following points of please.) attempt to follow the suspects, and if interest in relation to the article: an intervention is possible, to conduct 1. Mr. Robert Stroud at no time while ••• it at the time and location that would in prison at Alcatraz did the writing in ­ give the officer the advantage. Had dicated in Geoff Cates' article. Rather, IT WOULD BE NICE these two suspects encountered a Robert Stroud wrote child por­ TO HAVE THE CHOICE responding police unit and brought it nography and tried to sell same. I read your February article on carry­ under fire, or retreated into the bank 2. Robert Stroud was in "0 " Block, ing firearms with great interest. taking the occupants as hostage, then Cell 42. The reason he was in this cell (Volume 3 No.2 Page 8) I'd like to of­ I would suggest that having an off­ was because he refused to wear fer my opinion on the subject. duty weapon would be a definite cloth s and was continually exposing As police officers we are trusted by advantage. himself to the guards. Cell 42 was in those we serve, and those who We are professional police officers the corner and Mr. Stroud was put employ us, with having the profes­ and we are expected to act as such, there due to the reduced traffic flow sionalism, common sense, training on or off duty. No one expects off du­ by his cell. In his later years Mr. Stroud and experience to deal with any oc­ ty officers to do B&E patrols or traf­ was a mentally deranged man. In the currence that may arise while acting fic stops, but with the dramatic in­ end he was transferred to the medical in or out of an official capacity. These crease in violent street crime the section where he died. qualities are not removed with the chances of encountering a life Although Mr. Robert Stroud cer­ gun belt and uniform at the end of the threatening situation while off duty are tainly did have expertise in or­ shift. also increasing. It only seems logical nithology, I thought you should also In your article you described a to prepare for the possibility. be aware of his other side. scenario involving an off duty officer The bottom line is, because you're G.F. Oullette in the middle of a bank robbery. This carrying it doesn't mean you have to Chief of Police officer, while demonstrating con­ use it, but if you need to and you're Thunder Bay Police Force siderable bravery, doesn't exactly not carrying it. ... show much in the way of any of the It would be nice to have the choice . ••• other aforementioned qualities. Arm­ Robert G. Fleming MISSING ANY ISSUES LATELY? ed or unarmed, engaging a bank rob- Essex, Ontario I would like to say that you put tog th r a very informative and en­ ~~~~~~------~ joyable publication, and it is a pleasure to read. You will notice I have given you an FLASHES address change for the magazine to by Tony MacKinnon be sent to my residence address, so I can keep them for reference. Once ag in , congratulations on a job well done. W.T. Oemeau Westfield, New Brunswick .. When I heard they got ••• us new headsets, Editor's Notes: This appears to be a this isn't quite what real problem for many. I would I pictured! " r commend that subscribers have the magazine sent home. First it is nice to 1 t family members read it and condly you won't have it "per­ man ntly" borrowed.

Blue Line Magazine ~ ______~ A~p~n~·l~J~9~ru~ Vol. 3 No. 4 . April 1991 EDITORIAL - EDiroR/ PUBLISHER - Morley Lymburner

- EDiroRIAL ADVISORS - David H. Tsubouchi, LL. B. Edward Gunraj (P.o.A. Consultant) The Mary Lymburner BA M.Ed. Gerald A. Oxman I.C .I.A. Jaan Schaer B.A. (Metro Po lice E. A.P.) Tom Dykes Global Police Officer Robert Hotston B.A. M.Crim . Rick Patrick (Lambton Co ll ege) The Editorial Advisors are persons from whom this publication seeks out advice and gUidance. The use of their f the Gulf War can be called a names is merely for recognition of their assistance and ongoing support. I United Nations Policing Action - ADVERTISING - then certainly the selection of General Allan W. Stiver H. Norman Schwarzkopf was the - CONTRIBUTING WRITERS - man with the right background in the Louise Dueck right place at the right time. Links AI Porter • Richard Duplain • Daffydd Hermann • Craig McMillan through his experience, upbringing, • T. Richard Coll edge • Murray E. Milliga n family history with policing and the • Rock Dueck · Geoff Cates • Robert Hotston - ILWSTRATION - middle east made this conflict almost Tony MacKinnon • Bette Clark his destiny. Dave Sill s General Schwarzkopf, also known - DESIGN AND PRODUCTION - as "The Bear" or "Storm in Norman", Jim Kelly Camelot Graphic Design is the son of a New Jersey State police 97 Sir Lancelot Drive Markham. Ontario L3P 2J3 officer who was himself an American Business Office: (416) 294-4773 General in the First World War. Editorial: (416) 293-2631 Fax: (416) 293-0526 Schwarzkopf states that his father was Advertising: (416) 294-5502 Fax: (416) 294-8952 Production: (416) 471-0303 Fax: (416) 471-0305 his personal hero and since childhood was determined to follow in his Blue Li ne Magazine is published monthly, ten times per year by Blue Li ne Magazine Incorporated with footsteps. head office at 4981 Hwy. 7 East, Unit 12A, S uite 254, Markha m, O ntario Canada, L3R INl. Schwarzkopf's father, like his son, Edi torial and copy is considered to be completely attended West Point, and attained the separate from advertising sales. No committment for and character molded his son_ As the editorial coverage can form any part of a sale agree­ rank of General. At the end of son of a globe trotting military attache ment. All articles are protected by copyright. No part of this publication may be reproduced or transmit­ hostilities he became the head of the he became fl uent in both French and ted in any form or by any means. electronic or mechanical. including photocopying and recording. New Jersey State Police. His most German and used this to great advan­ or by any information storage or re trieval system notable investigation was the 1932 tage in the Gulf confli ct and in his without permission fro m the publi sher. The authors, advisors and publis her accept no kidnapping and subsequent death of previous details in Vietnam. lia bilit y whatsoever for any injuries to person or pro­ perty resulting from the application or adoption of the son of the famous aviator Charles The six-foot three, 240 pound any of the procedures. tactics or considerations Lindbergh. presented in this magazine. Readers are cautioned Shwarzkopf presents an imposing and advised that articles presented herein are edited The senior Schwarzkopf later left figure. This has previously made him and supplied for your personal awareness and should not be referred to for further action until the New Jersey State Police and re­ a tempting target for enemy fire as appropriate advice and guidance is received from a supervising officer or the advice of a Crown joined the military. He then found witnessed by two Purple Hearts Attorney. himself in Iran as an advisor and awarded him from wounds received Blue Line Magazine is an independant publication designed to educate and upgrade the skills of those trainer of the Shah of Iran's Imperial in Vietnam_ He has also received six involved in the law enforcement profession. It has no direct control from a law enforcement agency and Police. In later years it was this police other medals for actions which includ­ its opinions and articles do not neccessarily re fl ect the opinio ns of any government agency or police agency's shadowy tactics that would ed the 1983 invasion of the Caribbean force. Blue Line Magazine is Printed in Canada by help bring down the Shah's rule. To island of Grenada. Johanns Graphics. The sole a uthorized distributor of Blue Line MaQ"zine is Green Ga bles Book suggest that this man's son would one In the fi nal analysis the victory in S hop, Ma rkha m, U nta rio. day lead a coalition of Arab states the Gulf War probably owes as much Associate member, National Association of Police Planners against another Arab state would have to Schwarzkopf's family as it does to ~ Member. Periodical been impossible to predict. the general himself. Being a police of­ ~ Publishers Exchange Norman Schwarzkopf, as a child ficer to the world could well be a fit­ ISSN #0847 8538 Second class mail registration No. 8242 and son of a military father, found ting description for General H. himself moving from country to coun­ Norman Schwarzkopf. try. The senior Schwarzkopf's postings

April 1991 Ii!i Blue LiTU3 MagaziTU3 ~~------~ ------~- is a diver with the Diplomatic Protec­ Canadian Divers tion Group (DPG) of the Metropolitan London Police. They met at the Wap­ ping High Street police station where Go To Britain the divers of the Metropolitan London Police co-ordinate their operations. A plaque was presented to Com­ manding officer Inspector Phil Johns ecently two southern Ontario included the Northumbria Police Div­ to commemorate this exchange of in­ R Police Officers traveled to Great ing and Marine School and the formation and brotherhood. The Britain to visit as many Police Under­ Strathclyde Police Diving and Marine lounge walls in the station were water Search Units as possible. School. These are the only two police covered with plaques, photographs Although they were both interested in diver national training facilities in and memorabilia from many of their diving they each had different objec­ Great Britain. diving operations. tives in mind. Police officers from the many forces This unit dives every day on a Constable Bill Wiley, of the Niagara in England, Scotland, Wales and rotating diver schedule in some of the Regional Police Force, is the Ireland attend the schools to be train­ filthiest bodies of water in the London divemaster and instructor with his ed as police divers to a national stan­ area and strangely they all say that police force diving team. He wanted dard. All police divers work from the they really enjoy the work. to see how the British underwater same dive manual. It is currently be­ Sergeant David Brooks, who many teams compared with his unit. On the ing re-written due to some changes will remember lectured at the first In­ other hand, Constable Rick Rozoski, which were necessary after the unfor­ ternational Police Diver Symposium, who is with the Hamilton-Wentworth tunate deaths of three police divers in was off duty having just injured his Regional Police, was interested in England in 1989. hand on a dive operation a week prior searching out potential speakers for to this visit. the International Police Diver Sym­ The Met Dive Team posium, of which Rick is the co­ Joint Underwater Dive Unit ordinator along with Constables Cam Constable Rozoski's trip started in From London Rick traveled by train Rumpel and Bill Wiley. London last October where the first to Wrexham, Wales, where he was in­ Two of the main scheduled stops contact was with Roger Blanks who troduced to Sergeant Brian Williams of the North Wales Police Force and Inspector Dave Gleeson of the Joint Underwater Dive Unit. The Joint Underwater Dive Unit is composed of members of the Greater Manchester, North Wales, Merseyside and Cheshire Police Forces. Each force pays a proportionate cost per of­ ficer and contributes equally in divers. This seems to be the most cost­ efficient and most productive method of providing dive services for the four communities. The two Canadian divers were authorized to accompany this unit on an operational dive at Holyhead on the Irish Sea coast of Britain. They traveled in the custom-built vehicle which served as a change facility, kit­ Prior to a dive in the Iri h ea at Holyhead, Inspector Dave Gleeson oj the Joint Underwater chen, storage and command centre earch Unit brieji. the members oj the team in the specialized dive vehicle. Note the Blue Line Magazine on the table.

---"------Blue Line Magazine - lYJW April 1991 Upon arriving at the college Bill and can see that they have been very suc­ Rick were impressed with the profes­ cessful in their attempts to set up first­ sional approach to diving which head class profeSSional squads for the instructor Sergeant Jeff Park and his benefit of their communities. Much staff demonstrated to the dive recruits. could be learned from their Care was taken to explain the pro­ experiences. blems which could be encountered by This specialized equipment is not the divers underwater. The students limited to personal dive gear such as seemed to be confident and eager to Superlite masks and helmets, hard­ perform their tasks satisfactorily so wire communication systems, various they would be selected to join this elite dry suits and Divator tanks, but it also unit. extends to a valuable hyperbaric The students, who were in the third chamber affectionately called "FRED" day of their pool training, were Chief Inspector Thompson was already learning about trapped diver very anxious to show off his new pride procedures. Bearing in mind that and joy - the new Northumbria these students were novice divers, it Police Air Support Unit. In an effort was felt these procedures were more to maintain a yearly budget, the unit advanced as compared with training was permitted to log slightly less than received in Canada at the novice three hours per day. Up to October A No~·tlmm b ria Police dive team 1'ecruit makes a level. 20th last year the unit was a full four front step entry into cold murky water from afour meter height on thefirst open water dive of their dive The following day the class travel­ hours and fifteen minutes under course. The specialized dive vehicle is in the ed to a dock dividing the North Sea budget while still boasting of several background. from the harbour and they were ex­ cases solved with its use. It should be for the dive unit. pected to don their Viking dry suits noted that the need for the helicopter The purpose for the dive at for the first time, make a front step en­ was to combat the 17,000 stolen car Holyhead was to check for stolen cars try from the four meter height into the occurrences the area suffers each which may have been dropped off a dark, cold, murky water of this busy year. Apparently it has had an effect break-water. This exercise was not a port. in curbing these crimes and ap­ re-active dive but rather a pro-active Once the officers adjusted to the prehending the offenders. dive which served two purposes; the thirty foot depth, they were instructed first being training and second, the to jettison their weight belts, tie them possibility of clearing a few cases and to a line at the dockside and make a bodies of water as well. The interac­ free-ascent to the surface. Having suc­ tion between Constables Wiley and cessfully completed this, they were Rozoski and this unit was equally then asked to perform a bottom rewarding. search with a jack-stay method under the watchful eye of several of the cur­ Northumbria Police Diving and rent police divers. Once again the Marine School Canadians were surprised to see this After brief stops in Boston Spa and type of exercise on the first open­ Redcar, the visitors continued nor­ water tests. Obviously the training theastward to Newcastle where they methods used by the British dive were hosted by Northumbria Police teams are different than methods Chief Inspector Derek Thompson and practiced by their North American his wife Beryl. Thompson commands counterparts. the Northumbria Police Diving and Marine School at Gateshead. This is Good Training and Equipment With the level of the Thames River at low tide, one of the two national police dive­ When one looks at the equipment divers from the Metropolitan London Police Underwater Search Unit prepare to commence training facilities in Britain. and facilities that these units have, one a dive operation.

April 1991 Blue Line Magazine • Updated equipment such as SuperLite helmets and hard-line com­ munication systems result in the safer completion of most dive operations. It should be noted that hard-line com­ munication systems will be mandatory in 1992 for all police dive teams in Britain. • Dive vehicles made specifically for the use of the dive teams provide a onstable Bill Wi ley (l) of tit iagara Regional RJlice eruice and Constable Rick Ilowski secure base of operations and, much (r) of tlte I familton-Wentworth RJlice . e presented Stratltclyde ftJlice Support Service Chi ef like a fire truck, every piece of equip­ uperinl mdent R3ter Gibson with a plaque to commemorate the e:a:hange of information visit. ment has a designated location ready dent had an opportunity not only to when the need arises. This not only Diver Training to the North dive but also to act as the divemaster, looks more professional but it also line-tender and occasionally the The last few days of this twenty-three increases the chances of success. victim . d y xcursion were spent with Chief • With full -time teams, training could One such scenario began with a Insp ctor John Young in Newmilns become operational by diving in dif­ cotland. Attendees of the last Inter­ routine search of a submerged auto. ferent locations throughout the national Diver's Symposium (see The divemaster appointed his diver, region. This would serve two pur­ stand-by diver and line-tenders. The Volume 1 No. 10 of Blue Line poses, the first being the clearance of dive was proceeding quite well when Magazine) will remember John's topic a few cases by locating stolen property suddenly the tender relayed the infor­ of discussion on the Lockerbie air or bodies and secondly, learning what mation of a trapped diver. Immediate­ disaster investigation which was con­ to expect when called upon to dive ly the stand-by safety diver entered ducted by the Strathclyde Police in these bodies of water at a later date. the water and the rescue was suc­ Force. • Since all police divers in Britain are cessfully concluded. The only person Diving Sergeant Fred Hall was trained at the two national police dive with advanced knowledge of the d tail d to assist the Canadian visitors training facilities, every diver must "trapped diver scenario" was the trap­ and provided them with a tour of the qualify with certain standards which ped diver himself. The operations was facilities of the Strathclyde Police Div­ would make it possible to stage a a complete success. ing and Marine School before large-scale dive operation such as a This exercise proved to be very heading to Loch Long, north of plane crash or a shipping disaster. enlightening to the Canadian la gow, to a dive site adjacent to the They would in reality become one observers and they soon realized just Roy I Navy nuclear loading docks. giant dive team. Her Majesty's Inspec­ how well trained the British divers C nadians can only dream of a more torate Branch ensures the quality re­ really were. Each officer was indeed beautiful dive site. mains at a consistently high level of The purpose of the dive was an a credit to his respective units seeing readiness. open-water exercise for the dive that they had very little time to work • The exchange of information and sup rvisors course which was being with each other prior to this course. the contacts which result from trips conducted by the Strathclyde Police such as the one embarked upon by Diving and Marine School. The class Constables Wiley and Rozoski can Conclusions was fairly small with just seven only be of benefit to everyone train es from various forces including In conclusion, some of the observa­ concerned. th Royal Ulster Constabulary. Ob­ tions pertaining to the organization of With the information obtained dur­ viously these divers were well train- these teams are as follows: ing the tour of Britain, Constables d and had already encountered • The use of full -time dive teams Wiley and Rozoski hope to incor­ m ny different problems faced by enable the members to dive regular­ porate some of these ideas and police divers everywhere. ly and consequently become more ef­ methods into their training practices The students were given several ficient at their duties and more familiar and into the International Police Diver scenarios to simulate and each stu- with each other's capabilities. Symposium agenda in the future.

Blue Line Magazine ~ ______A~ p~n_·l_l~9~ru__ C.C.C. Vs. Canada 1039-004 (151 pages) Airports are public places

The Supreme Court of Canada also stated that it must be performed • The traditional openness of the pro­ recently ruled that people are permit­ in an area that was consistent with the perty for expressive activity; ted to exercise their Charter right to use of such facilities. Mr. Justice An­ • Whether the public is ordinarily ad­ freedom of expression at airports. This tonio Lamer stated in his summation mitted to the property as of right; includes political groups handing out that "if a person tried to picket in the • The compatibility of the property's leaflets and recruiting members to middle of a busy highway or to set up purpose with such activity; their cause in public access areas. barricades on a bridge, it might well • The impact of the property's The case arose in 1984 after a be concluded that such a form of ex­ availability on the achievement of the police officer at the Montreal Dorval pression in such a place is incompati­ purposes of Freedom of Expression; Airport ordered members of the ble with the principal function of the • The symbolic significance of the Committee for the Commonwealth of place which is to provide for the property for the message being Canada to leave the airport because smooth flow of automobile traffic." communicated; they were handing out pamphlets at "An airport is in many ways a • The availability of other public the ticket and departure area. thoroughfare," added Lamer, "which arenas in the vicinity for expressive Management at the airport pointed in its open areas or waiting areas can activities. out the Federal Regulation that pro­ accommodate expression without the The ruling made it clear however hibited any form of political activity or effectiveness of the function of the that if the activity is restricted to avoid commercial enterprise to function place being in any way threatened." undesirable consequences of the ex­ without the permission of the The ruling also added that the pression (such as a disturbance or riot) management. airport's policies were based on then the restriction of the activity is The organization decided to internal government policies and permissible. However the policy of challenge this ruling and received a directives that were not laws which prohibiting all political activity was not Federal Court declaration stating that could be justified under the Charter consistent with the Charter. the areas of the airport open to the since they were unknown to the In this ruling it was further pOinted public constituted a public forum. As public and could be amended or out that "few locations can parallel this such they were permitted to removed at will. reliable concentration of people. Bus, disseminate their political views. In her more liberal judgment train and airport terminals are indeed The Crown appealed this decision Madam Justice Claire LHeureux­ modern boulevards, extensions of to the Supreme Court of Canada and Dube spelled out a six point agenda Main Street. The list of sites tradi­ the appeal was dismissed at that level. for which government owned proper­ tionally associated with public expres­ Although the ruling stated that ty is a public arena for the purposes sion is not static." peaceful expression was permitted it of Freedom of Expression;

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~A~pn~·l~1~99~1______~ Blue Line Magazine A Progressive Approach To Firearms Training

- Craig Best -

ho says that Canadian law en­ was designed to bring firearms train­ can be either "SHOOT or NO W forcement training has to be 20 ing out of the basements and sand pits SHOOT" situations. There are a years behind the USA when it comes and into a modern range which is free variety of endings to any given to officer safety and court acceptable of lead filled air. That's right, no more scenario making it impossible for an defensive techniques. Traditionally we blowing your nose and seeing black officer to memorize the responses have looked to the States to see what residue on the tissue. This is thanks needed. The control room looks like Americans have adopted and how to a ventilation system never seen the Kennedy Space Center and in it their equipment and defensive techni­ before in a firing range featuring a N.F.T.A. staff can program the threat ques stood the test of American laminar air flow. The complete wall to windows of any scenario to meet courts. Canadians being slightly more the rear of the shooters is constructed Canadian court requirements when it conservative than their American so that it is the source of the ventila­ comes to justifying an officers use of counterparts have never really striv­ tion giving a wall of air that travels past lethal force. The N.F.T.A. can film ed to develop training in officer safety. the shooters and takes all the smoke scenarios at any location that a police Last March at Lachine, Quebec, and lead down range to where it is agency chooses so that officers are ex­ this tendency changed dramatically. filtered. periencing situations occurring in their The National Firearms Training What I have discussed is all fine and patrol territory. Academy opened its doors and gave dandy, but now you will hear about Special scenarios can be filmed us­ Canada the chance to give training in the most state-of-the-art equipment ing aircraft highjackings, hostage all aspects of police firearms re­ available anywhere. The N.F.T.A. has situations, drug raids, search warrant quirements from basic qualifications two "Cinetronics Rooms". These are executions, domestic quarrels, bar­ to the most realistic role playing ex­ rooms which have walls made of self ricaded suspect or for any other ercises for judgmental shooting healing rubber. The floors and ceilings special training needs that a depart­ available anywhere. are also designed to absorb bullets in ment may have. There are 28 positions in three dif­ case of accidental discharges. The most remarkable feature by far ferent ranges giving ample space for The front wall has a nondrying is that the N.F.T.A. has two of these regular qualifications. The targets are white paint covering which allows the rooms and they can be programed to computerized and can be controlled wall to become a large screen. From be interactive. In other words an of­ by a range officer in the control booth, the ceiling behind the officer a video ficer can be in one room while an ac­ by the instructor who is at the firing projector sends images onto the tor is in the other room with hostage line using a remote control after pre­ screen while a video camera records and both can see what the other is do­ programing the course of fire or each the scenario. Another video camera ing and now must react mind against target can be programed individually is located at the top of the screen and mind using real firearms and being by use of a computer located at each is used to record the actions of the close enough to actually hear the real position. officer. gunshots from each other's weapons. The targets can approach the firing There is an intercom in the room, I have experienced both the line automatically and can be set from which is used for communication bet­ "cinetronics" training and the stress of oto 50 meters. They can be program­ ween the officer and the control room an actual gun fight and I am convinc­ ed to be in the face position or turn and two microphones, one which is ed that one cannot get closer to the to the edge position for whatever time a shot sensor while the other is ad­ real situation in any other form of interval the instructor wishes. The justed for ambient noise. Officers use training. targets can also turn 180 degrees so their duty handguns and full loads for Assault rifles and S.M.G.'s can also that "Good Guy- Bad Guy" targets ammunition. This raises their stress be used in the "cinetronics" rooms giv­ can be used in judgmental training level as well as allowing them to prac­ ing ability for special response teams exercises. tice with the weapon they carryon the to train. All training can be recorded All of this is located in a nine million job. and there are debriefing rooms on dollar state of the art complex which The scenarios vary in length and site. Tapes of the training can be kept

-=B~lue~L~i_ne~M~ag~~__' ne______~ ______~ A2p_n_·l_l_99_1__ by the department fo r future Train ing, however, is a two way training and have been shown safe reference. Printouts of the officers' street. It is the responsibility of each and justifiable responses, they can responses and the instructor's evalua­ department to give adequate realistic relate to real situations by refl ecting tion are available to the department. training to its members so that they back to their training and are more apt The departmental instructor can have are prepared to act properly and safe­ to choose the proper response. constant control of the material ly during stressful situations. It is the Any questions or comments con­ he/ she feels should be used in depart­ responsibility of each officer to prac­ cerning this type of training can be mental training and the N.F.T.A. in ­ tice the techniques learned and stay directed to the National Firearms structors strive to meet the needs of proficient with his equipment. Regular Training Academy, c/ o Law Enforce­ individual departmental policy in -service training with mandatory ment Training Division, 1375 32nd requirements. qualifications is the key to Ave. Parc Industriel de Lachine, Canadian society is no longer professionalism. Lachine, Quebec H8T 3H2. (514) satisfied that officers be able to fire In the past few years Canadian 633-0033. their guns accurately at a paper target. police agencies have seen the need The public is demanding that officers to adapt officer survival training and Guest Writer know when to fire their guns at real most academies have started to have Craig Best is a ten year veteran of the Cana­ dian Pacific Police presently engaged as the people and when that choice is un­ lectures on this topic. Officer deaths Tactical Training Instructor for his department. justifiable. An officer must be able to have dropped since 1984 but statistics He presently holds the rank of Investigator. choose options of a lesser force level show that assaults on officers are get­ He is a member of the International Police Association and Quebec Director of the when those options are available and ting higher all the time. Canadian of­ American SOCiety of Law Enforcement do so under a great amount of stress. ficers are also being accused more Trainers. He is the founder of the Montreal Many experts have lectured about and more of using abusive force and based "Officer Survival Institute." Mr. Best has of wrongful shootings which become trained instructors in Defensive Tactics and the physical changes the body ex­ baton training for several Federal, Provi ncial, periences under stress and how sight, a liability factor for the officer as well Municipal and Native law enforement agen­ hearing, and psycho-motor skills can as the agency. cies. Mr. Best can be contacted at (514) be impaired during armed confronta­ There is a clear indication that lec­ 699-6569 or (514) 591-9018. In future issues of Blue Line Magazine Mr. tions. Officers are not prepared to face tures are not enough. If officers have Best has agreed to write a series of articles on armed adversaries after annual or been placed in stressful situations in defensive tactics for front line officers. semi annual qualifications involving shooting at paper targets that just Case Law Order Form stand there posing no threat to anyone. It is as unrealistic as training Name: ______Agency: ______an officer to frisk a suspect before he/ she has handcuffed him and Address: ______Phone/FaxN ______established control. We are no longer facing suspects City: ______Postal Code: ______who react the way people reacted to FAX Number (416) 293-0526 police in the fifties . So why do so Telephone orders accepted for Subscribers only - (416) 293-2631 many departments feel that training (Please quote Subscriber Number) should be the same as it was then? Officers have died in the past and will The full text of any Case Law articles in Blue Please send Case Law by: continue to die in the line of duty. Line Magazine may be ordered at a cost of $1.00 per page with a minimum charge of $10.00 per Departments must strive to limit the order. You may have your judgements sent via numbers of officer deaths and injuries Mail to Address Fax at a cost of $2.00 per page with a minimum D Above through realistic training. order of $20.00. Please enclose a cheque or It is a fact that under stress an of­ credit card number with your order. ficer will react the way he was train­ Fax Direct to my Only Subscribers may order Case Law by invoice D ed. That is what he/ she has in his/ her At tention memory. If there is no training in rela­ G.S.T. NR1 224 18643 tion to stressful situations the officer VISA / MASTERCARD Number will use what he/ she has seen on TV Case Law Number of or simply panic. If an officer panics Number Pages that officer will either freeze or over react which could place the officer, fellow officers, the public or the sub­ DODD -DOD ject in unnecessary danger. DODD -DOD

April 1991 B lue Line Magazine ....

- Marc Rogers -

tress .. a word that is becoming radical change is not necessary in doesn't require a large amount of time S increasingly more common in to­ order to cope with stressors. but works quite well. (Many people day's society. The term stress is One method of coping is to get with high blood pressure employ this bantered about as if its meaning is adequate rest. There is no specific technique to lower the pressure.) common knowledge. As police of­ period of time, but everyone knows A more difficult procedure involves ficers we are told that law enforce­ when they feel rested, and when they a conscious effort to change a bit of ment is one of the most "stressful" feel tired, they must listen to their ones personality, it has been careers today. Yet what does this catch body. demonstrated that the type "t\' per­ word "stress" really mean? Strain effects the body by depleting sonality is no more prone to heart at­ Stress, simply defined is anything its energy resources. Sometimes this tacks, high blood pressure, or other which causes strain to be placed on depletion robs energy from the im­ stress related diseases than the type the body, either physiological or mune system, resulting in an increase "B" personality. The factor that is im ­ psychologically. Stress is a vague term in sickness, such as flu and colds. By portant is the degree of "hardiness" which can in fact include any and obtaining adequate sleep the energy a person has. everything, it is very subjective. No reserves can be built up again. Hardiness is simply the ability to one is able to objectively say that "X" Another is exercise, this doesn't adapt to different situations effectively. is a stressor, because for some peo­ mean that a person has to run Hardy people can handle stressful ple it may not result in a strain on the marathons, just participate in some events better than non-hardy people. body or mind. activity that they enjoy, and that gets Hardiness can be learned. albeit with It is apparent then that the term the blood pumping. Exercise not on­ some difficulty. It involves an effort to stress is , because of the vagueness, ly helps the physical shape, it helps consider new tasks as challenging, not very useful. But the strain it places the mental shape as well. It is a great something to be overcome, not as set on the body, and mind, is a useful way to take out frustrations en­ backs to become depressed over. concept. It is the strain on someone countered at work or at home, These are but a few methods a per­ that causes the problems for that per­ decrease depreSSion, and increase the son can use to adapt to or cope with son. The strain on the body can be important energy reserves. the stressful, or more correctly the either physical, psychological, or as in People should also try to leave strain producing events that occur in most cases a combination of both. work at work and home at home. In daily life. The strain on a person can be objec­ other words they should try not to Unfortunately some people tively classified, ie. ulcers, depreSSion, bring the problems from work home. develop the attitude that unless they alcohol abuse, high blood pressure This can be accomplished by have an ulcer, high blood pressure, or etc. remembering that the job of a police heart problems, that they are handl­ So when we talk about stress we officer is only one role in a person's ing the stress effectively and do not are in fact talking about strain. What life, the other roles may be hus­ have to worry about it. This is a big difference does this make? Actually band/ wife, father/ mother etc. When mistake. The presence of ulcers or quite a bit. There has been a con­ the officer hangs up his/ her gun at high blood pressure are very serious siderable amount of research on strain the end of the shift the work problems manifestations of prolonged chronic and how a person can learn to either should be hung up with it. strain on the body and usually take eliminate the event causing the strain, Another effective method of reduc­ years to show up. By the time the (stressor) or cope with it to reduce the ing the strain on the system is finding symptoms appear the damage has strain. a hobby. Hobbies tend to allow a per­ been done. By learning to effectively The first option, eliminating the son to forget about their worries for cope and adapt to strain this damage stressor, is unrealistiC, as anything can a period of time and concentrate on to the body can be greatly decreased. be a stressor. The more logical option something they find pleasurable. Time Policing as a career is dangerous is learning to cope with the stressor out is yet another technique used by enough. By setting aside a few to reduce the strain. When most peo­ some as a means of coping, by relax­ minutes each day, a person can do ple hear the word "cope" or "adapt", ing. It is quite simple to do and en­ something about a danger that can be the idea is not very appealing, as im ­ tails finding a place and time that a reduced, possibly prolonging his life ages of trying to change their entire person can close his eyes and expectancy and increasing the quali­ lifestyle comes to mind. This type of "meditate" for 15 or 20 minutes. It ty of life.

Blue Line Magazine April 1991 Canada Said to be 20 Years Behind in Police Dive Teams

n a recent tour of the British spector Phil Johns of the Metropolitan O Isles Constables Rick Rozoski of London Police Underwater Unit in ­ "COOPERATION - the Hamilton Wentworth Police and vestigation of the cruise boat collision IN PUBLIC Bill Wiley of the Niagara Region Police which claimed so many lives last year. SAFETY RESPONSE" were told that Canada is about 20 It was discovered that Canada does years behind Britain in the area of in ­ excel in one area. Since the sym­ MILWAUKEE, WISCONSIN stituting and training police dive posium in Lancashire was only open May 26-3 1, 1991 to diving supervisors, the total number teams. If your job or business is involv­ Chief Inspector Derek Thompson of attendees was limited to sixty which ed in anyway with combatting of the Northumbria Police Diving and makes the International Police Diver terrorism, explosive disposal, Marine School in Britain advised the Symposium in Canada the largest of investigation, or violence, you visiting officers last October that its kind in the world. need to be in Milwaukee, Canada is at the point Britain was When one evaluates the differences Wisconsin. twenty years ago where police diving between the British system of train­ is concerned. Thompson stated he ing versus the North American stan­ THE INTERNATIONAL ASSOC. could recall the problems which ex­ dards, Chief Inspector Thompson's OF BOMB TECHNICIANS AND isted while they were trying to set up assessment of the twenty year gap is INVESTIGATORS (I.A.B.T.I.) functional police dive teams. These vividly clear. Hopefully future ex­ International In-Service Train­ problems included persuading super­ changes will tend to bridge this gap. ing will be attended by profes­ visors and politicians of the need to Further information about this sional and special operations develop such specialized units with event may be obtained by phoning personnel from around the cost-prohibitive budgets. Rick Rozoski at (416) 575-1434. world. From large cities to rural Although the city of Hamilton, On­ outposts ... federal agencies to local departments, military, law tario, is a busy Great Lakes port their enforcement, corrections, Police Force does not have a diving security and other profes­ team. In spite of this Rozoski and sionals involved in explosives Wiley, along with Constable Cam will convene in Milwaukee. Rumple, have co-ordinated the Inter­ national Divers Symposium over the 40 HOURS OF TRAINING: past several years. It is the intention Anti-terrorism, Counter-terror­ of these three officers to shorten this ism, Initial Response Pro­ twenty year gap as quickly as possi­ cedures, Security, Management, ble. To this end Chief Inspector Research a n d EqUipment, Thompson has been authorized to at­ Violent Group Counteraction, tend and address the next symposium Bomb Detection and Disposal, from September 12th to 13th. Special Weapons and Equip­ While visiting the Northumbria ment, Education and Planning, Police Force the two officers met and much, much more will be Superintendent Geoff Meadows from presented. the Lancashire Police Force. He detail­ For information, contact: ed the recent Police Diving Super­ visors Symposium hosted by Lan­ Glenn E. Wilt cashire. He spoke of the many in ­ I.A.B.T.I. teresting topics which were covered P.O. Box 6609 Colorado Springs, CO 80934 at the two-day event. Included in this HEY SARG, HAS THE PRISONER Tel.: (719) 636-2596 symposium was a presentation by In- BEEN FED YET? Fax: (719) 633·3723

April 1991 Blue Line Magazine ... news beat ... news beat ... news beat ...

Murderers' The Solicitor General announced The following considerations were that the money would be spent on important to the Patrol's selection Conference Cancelled projects aimed at services to women committee in making their final and native peoples. The program has decision: Solicitor General Pierre Cadieux pegged over $1.1 million for wife cancelled a conference for in ­ 1. Manufacturer to have a proven assault education programs, track record of semi-automatic usage carcerated murderers that was $970,600 for sexual assault support scheduled to take place in May. The by law enforcement agencies; centers, and $1.2 million for victim 2. Readily available test and evalua­ conference, which was to take place services support. The remainder has in the same month as Police Week, tion pistols in 9mm, lOmm and .40 been allocated for specific reviews of S&W calibers; would have cost the Ministry $20,000 services for natives in Northern 3. Functional reliability and durabili­ to link 100 prisoners by video across Ontario. the country. ty of pistol; Topics on the agenda were such 4. "Safe Action" System; things as prison treatment programs, M issou ri State 5. Ease of operation and transition employment training and a possbile training; lobbying campaign for early parole. Adopts Semi-Auto 6. High magazine capacity, while The Solicitor General cancelled the maintaining acceptable weight; conference after the organization Guns 7. Ease of disassembly/ reassembly 8. Accuracy "Victims of Violence" did some After 60 years of issuing revolvers, the lobbying of their own. Missouri State Highway Patrol has Simply put, the selection commit­ adopted the new Glock Model 22 .40 tee wanted the new issue semi­ S&W Caliber as their duty weapon. automatic sidearm to be easy and safe Money Allocated Although research began two years to use while providing the greatest for Victims ago on switching to semi-automatics, capability for officer protection. the final decision required intensive After carefully narrowing the selec­ Both the Federal Minister of Health research study to evaluate and choose tion to two manufacturers, the Glock and the Ontario Solicitor General the proper model, caliber and Model 22 .40 S&W Caliber pistol with have announced multi year funding manufacturer best qualified to meet 15 round magazine was chosen as the for programs related to the victims the Missouri State Highway Patrol's new duty weapon for the Missouri of crime. specific demands. State Highway Patrol. In a February announcement Federal Health Minister Perrin Beat­ ty announced that Ottawa will spend $136 million over the next four years on programs to combat family FLASHES violence. No other details were releas­ by Tony MacKinnon ed as to what agencies specifically would benefit from this funding. On Febraury 28th the Ontario Solicitor General, Mike Farnan, an­ nounced that it would be alocating over $4.2 million to enhance victims services which focus on sexual assault "Save my place and wife assault. The funding was will ya? .. part of a government anit-recession I have to go to package announced last December the bathroom!" and aimed at creating jobs in that Pro­ vince. The announcement stated that the funding would create around 70 jobs.

~B=ru=e~L=iw~M~~~~'~w~ ______~ ______~ A~pn~·l~19~9~1_ ... news beat ... news beat ... news beat ...

The Glock Model 22 was issued to 10-20 If you have a local newspaper clip­ the 900 State Troopers after they ping, a recent controversial topic or completed a course designed by their Blue Line Magazine has been forced wish to write on a topic of your own training staff. Full training of the agen­ to put out an all points on the follow­ choice, feel free to send it to us. We cy was completed at the end of ing persons. They are wanted for not are also interested in significant March. sending in their change of addresses. changes in provincial statutes. In addition it is reported that about Anyone knowing the whereabouts of You may mail material to us at 118 145 agents of the Missouri Conserva­ these persons are requested to notify Main Street North, Markham, On­ tion Commission will be receiving the them that they are wanted. Read 'em tario, L3P 1Y1 or use our 24 hour Glock Model 22 .40 S&W pistols in their rights too. (They have a right to Editorial Fax Line at (416) 293-0526. the near future. receive the magazines they paid for!) Keeping us informed is keeping you informed. c.c. Balsillie - Hull, Quebec A. Junglas - Don Mills, Ontario ••• M. Cain - Toronto, Ontario Ontario Reports Mike Watt - Calgary, Alberta Darryl MacDougall - Trenton, Ontario A Little Biblical Drop In Road G.K. Stewart - Powerview, Manitoba John Kummer - Walkerton, Ontario Case Law Deaths Catherine Bourque - Morrisburg, Ont. The Ontario Provincial Police an­ Wayne Parsons - Windsor, Ontario nounced a decline in traffic fatalities S. Zuk - Winnipeg, Manitoba A New York State judge recently during 1990. They also announced S.R. Case - Vermilion Bay, Ontario resorted to citing his case law from the that traffic collisions in general took Steve Thompson - Brantford, Ontario Old Testament when dealing with a a 22 per cent drop over the past four man accused of defrauding a church years. • •• of over $250,000. The figures released indicated a The accused, the church treasurer, four year low in incidents investigated was trying to have his bail set by the by the force with officer responding What's News? judge. In determining the amount of to 81,300 collisions last year. The bail the accused would have to put up force has attributed the decline in their Keep Canada's law enforcement com­ the court referred to Exodus 22:7 for programs that target safe driving munity informed. If you have its precedent. Quoting the passage; habits. "Educational programs and something happening in your area "If a man gives his neighbour silver coordinated enforcement programs that you feel should be shared with or goods for safekeeping and they are are helping people to be more safety the law enforcement community stolen from the neighbour's house, the conscious," explains OPP Commis­ across the country, or in your pro­ thief, if he is caught, must pay back sioner Thomas O'Grady. "In 1989, vince, let Blue Line Magazine know double." Accordingly the judge set the occupants were thrown from vehicles about it. accused's bail at $534,000. in 33 per cent of the fatal accident compared to only 24 per cent in We Have Moved! 1990." The Commissioner pOinted to the seat belt campaign launched by his Force last year as the primary reason for the reduction. Other programs stated as con­ Blue Line Magazine tributing factors included the "Reduce I2A-498I Hwy.7 East Suite 254 Impaired Driving Everywhere" and Markham, Ontario "Speeding Slows You Down" cam­ LJK INt paigns that were extended to year round projects.

April 1991 Blue Li ne Magazine Du Pont Has a Pretty Wearing Personal NEWKEVLAR Thin Argument for Body Armor •••

129 More Comfort ••• Same Protection We've heard your arguments: "Body Armor is heavy," " It's hot," " It's stiff," "It's bulky." Now hear ours: New KEVLARo129 is a major break­ through in body armor comfort. Vests can now be made 15 to 25 % thinner and 10 to 20% lighter. KEVLARo129 is also softer and more flexible, allowing body armor to bend and twist more freely. It moves with you. What's more, there is NO loss in ballistic protection. KEVLARo129 is 15 % stronger than KEVLARo29-a 65 ,000 p .s.i. increase in tensile strength. This means that a lighter, thinner vest of KEVLARo129 can offer the same level of protection as its heavier, bulkier KEVLARo29 predeces­ sor. The big difference is that you stay comfortable. We both know that body armor can save lives. We think it's worth a little argument to save yours. New KEVLARo129 is available right now. To get more informa­ tion about this major break- through in body armor comfort, call Du Pont at: 416-8 21-5601. New KEVLARo129 ... Today's most ad­ vanced technology for personal body armor. Accept no substitutes. KEVLA R is a Du Pont registered trademark for its aramid fiber. Du Po nt does not make ballistic fabrics o r garments.

Uncommon Problems. Uncommon Solutions . KEVLAR from Du Pont.

CAN ADA When the Chase is Over ... Fortunately, I talked to a man that I - W.T.- greatly respected and admired. This guy was a priest by profession and a o you've been a cop for longer an honest inventory of how you see very good one at that. Although, I am s than you care to remember and yourself, your strengths and not a particularly religious person, I you're still just a constable. Maybe a weaknesses. thought this priest definitely had the while back you were part of the chase If you don't do an inventory, how talents to move higher up in his par­ in the great game of promotion and will you know where you are? A lot ticular profession. I asked him why he it didn't work out for you. Maybe of good comes form looking at the had not risen to a higher rank within you're just a constable, who only past successes and mistakes, the pre­ the Catholic church. wants to be a Constable , but your sent situation, and visualizing the He explained to me that he certain­ peers, your family and just about future, one day at a time. An inven­ ly had been given every opportunity everyone else who has an opinion, tory will help lift you out of P.M.S. (the to move up in the church, but that he cannot understand how it is that you Poor Me Syndrome) . If you find that had made a personal decision to re­ don't harbour aspirations to go to the you need professional help and main a parish priest because he was top or as near to the top in your Force guidance to get you started on the good at it. He realized that he had ef­ as is humanly possible. Maybe you new road to acceptance, than get it. fectively shut the door on any future listen to some of the talk coming from This is your life that we're talking promotion. He made a decision to get your superiors, as they discuss the about here. off the chase and having accepted deadwood in the department, and Realize that Constables are the Salt that decision, he got on with the you think that they're talking about of the Earth. Without us, there is no business of becoming the best parish you. Maybe you watch the newer and need for Sergeants, Inspectors and priest that he could be. much younger officers as they "hit" the whole realm of the upper ranks. At the time of our conversation, I the streets, full of enthusiasm and Constables are the straw that stirs the was an unhappy Sergeant in a twen­ surety that they will clean up crime in drink. Never forget, there's a lot more ty man force. I now think of myself a short space of time. of us than there are of them. Without as a career Constable and with that Do you know what I'm talking good linemen, the best quarterback acceptance has come peace of mind about? That feeling deep in your gut and backfield will never progress an and a renewed desire to police the that you've missed the Promotional inch up field. best way that I can. Boat and that maybe, just maybe, you In clOSing, just so you won't think When I handed my sergeant stripes are that failure that you sometimes that I'm talking through my hat, I want back my peers thought I had gone think that you are. Perhaps you're you to know that I have been the crazy. In actual fact, looking back, I thinking about leaving the police pro­ whole nine yards. A few years ago, believe that I may have saved my fession , even though you know that I too, was feeling bad about my wan­ sanity. So, to all you Constables out you're a good, down-to-earth cop ing career and seriously considering there, enjoy your career and try not and you really do like being a police getting out of the police profession. to let yourself get you down. officer. The question then becomes, b~~~~----p~~~~~~~~ "Okay, if I'm going to stay in policing and enjoy the remainder of my career FLASHES how do I do it and be happy while I'm by Tony MacKinnon doing it?" In my own simplistic, basically uneducated opinion, the first thing that you may want to consider is this: Accept within yourself that you're no "Bump me wi th that sign one longer part of the promotional chase, m ore ti m e an d the end is nearer than you thi nk." and that you no longer will feel guil­ ty, shameful or remorseful because you didn't get promoted or even try to get promoted. When you're convinced that you have accepted your current status, get out a pencil and paper and write out

Btu Line Magazine ~ ______~ A~p~rt~·l ~1~99~1__ After the Use of Deadly Force What You Should Be Aware Of

Courtesy of the Vancouver Police Union Newsletter (Edited by Blue Line Magazine)

t is an unfortunate reality that, at should be taken very seriously. Any environment. I times, police work involves the statement can become part of a What this means is that if there is threat, or the use of deadly force. The homicide investigation and can have any possibility your statement can be aftermath of a deadly force incident serious consequences. Experts in this misinterpreted, it very probably will. can be a very difficult and confusing field therefore suggest that you say Thus the reasons for not speaking time for the members involved. They nothing and ask for a lawyer as soon while you are confused, upset, and are thrust from a life-threatening situa­ as possible. possibly angry are obvious. Your mind tion where their role is that of a police There appear to be both advan­ may not be focused on the construc­ officer, to the centre of a homicide in­ tages and disadvantages involved in tion of a complete and accurate state­ vestigation where they are the not making an immediate statement. ment. You may have feelings of suspect. It is important for the involv­ Even if a police officer is certain in his anger, arising from your survival in­ ed members to realize this and to act own mind that he was justified in the stincts, towards the person who has accordingly. shooting, it is a fact of life that over just threatened your life and these Experts state that police officers in the course of the next several months may show through in your statement. these situations should fight the feel­ a seemingly unending stream of per­ You may feel guilty over the taking of ing that they have nothing to hide. sons and agencies will rise up to at­ someone's life and may start question­ They will be traumatized and may not tack and second-guess his actions. ing your actions. be in the best condition to make a In British Columbia, the in ­ These tinges of guilt can be clear and complete statement. It is not vestigating detectives pass on their misinterpreted as stemming from a possible to retract a statement and a findings first to Crown Counsel, and lack of justification for the shooting. police member who is not thinking then to a coroner's jury who deter­ Additionally, the stress of the shooting clearly may be misunderstood by mine certain facts and make relevant can allow you to slip into the weaker those who arrive at the scene after the recommendations. The Crowns, who side of what is termed th e incident is over. usually reserve their decision until "parent/ child mode", vis-a-vis your The manner in which these in­ after the coroner's inquest, may superior officers, creating tremendous pressure to comply with their requests cidents are investigated vary across decide to have the file reviewed by an the country. In Vancouver, for in­ ad hoc lawyer to eliminate any com­ for statements. stance, the Major Crime Squad in­ plaints of bias. Finally, a phenomenon known as vestigates officer-involved shootings. Beyond those mandated with these "tachypsychia" has only recently In the Province of Ontario the newly responsibilities, however, are the Sun­ become recognized as a symptom of set up Special Investigation Squad of day morning quarterbacks with survival threatening situations. the Solicitor General's office would in­ various agendas totally unrelated to Psycho-physiological changes take vestigate. In any such incident officers an objective evaluation of the place in the mind and body and can should be aware that if it may be con­ shooting. These include the media, influence perceptions in a variety of strued that a member did not act ap­ lawyers, family of the victim, politi­ ways. Events can seem to happen in propriately the investigation is not a cians, civil rights activists, and aspir­ slow motion and the ability to ac­ discipline matter but a Criminal one. ing aldermanic candidates. The after­ curately remember elapsed time inter­ In Vancouver the Major Crime In­ math of a police deadly-force incident vals deteriorates. Tunnel vision oc­ curs, causing the suspect and vestigator will caution and warn in­ is always controversial, often hostile whatever weapon he has to appear volved members. This should not be and confrontational, and members closer and bigger than they are in upsetting- the investigating detec­ should remember to act in a manner reality. Your ability to count may tives are required to do it- but it appropriate to this sort of

April 1991 ~ ______~B~lue~L~t~ · ne~M~a~g~~· ne~ become distorted. shooting-both inside yourself and in mistakenly written down by someone The implications of making a state­ the surrounding legal and political en­ else. Make a written statement that ment in which you may incorrectly vironment. The following suggestions you can review for accuracy. estimate distances, times and number are just that- advice only, and • Expect to be cautioned, warned, of shots fired in a deadly force situa­ members should consider their op­ and given your Charter Rights. tion are very serious. Your credibility tions and actions very carefully. • Expect intensive questioning by the could be damaged, impairing the re­ investigating detectives. This is their • Take the time to calm down, relax mainder of your statement in the job and the more detailed and com­ and think. minds of judges and jurors not familiar plete the file , the less likely it will be • If you do not want to make a state­ with the effects of tachypsychia. attacked down the road. ment, DON'T! And do not be cajol­ It is important, however, to realize • Do not become defensive with in­ ed into making one. You are the that the role of detective is that of fact­ vestigators. Co-operate, remember suspect in a homicide investigation. finders, and the purpose of their in ­ their position (as they should Even if you think you are justified, vestigation is to establish what, in fact, remember yours) , and if you do not remember that life isn't always fair. actually happened. By refusing to want to make a statement or answer • Ask for a lawyer if you want one. make any sort of statement, the questions, that is your right. Do not worry about the cost, for possibility exists that their work will be • Avail yourself of any psychological unless you acted illegally and in bad hindered and crucial evidence may be services plan. Most police agencies faith (in which case you really need lost. uch evidence, especially if of a have this type of help available for a lawyer) it will be paid for. Most, if physical nature, may help substantiate post shooting incidents. If you are in not all , collective agreements in your version of the incident. an area too remote for this type of Canada include something similar. Remember to consider the fact that specialized assistance seek out interim • Consider whether you want to wait physical evidence may be transient assistance with a family doctor. Even a day or two, to stabilize, think things and eyewitnesses may subsequently if you escaped the event physically over carefully, and consult fully with become influenced by powerful media unhurt, you will have been legal counsel, before making a representations of the shooting. psychologically wounded. Take care statement. The justification for the use of of yourself! • Weigh this option against the fact deadly force may ultimately come that an immediate statement will have Many police officers feel that a media down to factors of seconds or cen­ more credibility. void is left within which only one side timeters, and the more evidence on • Consider what you can say to of the situation is presented, causing your side, the better. Eyewitnesses are facilitate the gathering of all forms of severe psychological and morale not known for their accuracy and it evidence by the investigating damage to the members involved and has been repeatedly shown that they detectives. to the Department as a whole. Law often see what they expect to see. • Preface any statement with the Enforcement agencies should serious­ If the only other observers to a words "I have been ordered by DET. ly consider the non-release of an in­ shooting are hostile to the police, or to make the following duty volved officer's name to the media. associates of the victim, you run the report. It is not a free and voluntary This is the present policy with the double hurdle of witnesses fabricating statement." This will prevent its admis­ Vancouver Police Department. the events, or giving a distorted state­ sion in court, but any evidence Law Enforcement agencies have a ment that they truly believe is based resulting from it may still be proactive responsibility as well to con­ on reality. By making a statement that admissible. duct and to provide the best possible supplies the investigators with suffi­ • Do not be too specific and detail­ training for its members. It is unfor­ cient information to gather all the ed. Trying to estimate numbers, times, tunate that Police Commissions do critical evidence and to build a com­ and distances, because of the effects not keep statistics, alongside its tables plete vision of the case, you may pre­ of tachypsychia, could lead to pro­ of "shots fired", of high risk situations vent yourself from becoming painted blems with your statement. "I felt he that are resolved without loss of life into a corner. was close enough to kill me", is due to the courage and profes­ preferable to, "he was 3 metres away." sionalism of the members involved. It Post Deadly Force Suggestions • Focus on the critical active dynamics is also regrettable that those who are It is impossible to establish strict of the situation: "He was going to stab forced into using deadly force in the gUidelines for every case. The best me", not, "I shot him ." protection of their own, or someone defence is to be knowledgeable about • Do not make oral statements as else's life, are not always acknowledg­ what occurs in the aftermath of a these can be misconstrued or ed as they should.

Blu Line Magazine Iit.iI April 1991 ---=------~ Artists and Computers Help Find People

- Marjorie Sparkes -

ictims and criminals are easier to from witnesses' description and pro­ V identify now, thanks to the high­ duce photo line ups for witness iden­ tech skills of Metro Toronto's Police tification. It can also rebuild a facial Artists Bette Clark and Constable image from its skeletal form , age miss­ Dave Sills. With their IBM Personal ing children or reduce the aging pro­ System/ 2 computer, Clark and Sills cess in seniors. operate the Forensic Identification In 1990 CARES helped to solve 14 Services Bureau's Computer Aided cases. In one case four children were Recovery Enhancement System found. "Finding these children who (CARES) . had been missing for more than 10 In a matter of hours the CARES years was our proudest accomplish­ Section can accurately provide ment, says Clark. "After all , children photographic images of victims, are the reason CARES exist toady." suspects or missing persons. Once the Now that IBM and CARES have photo image is created personal in­ joined forces, insufficient evidence formation on the identified individual doesn't necessarily have to hinder the can be determined. Obtaining such success of policing. information previously took months The Section has handled in ­ or even years. Now the Metropolitan vestigative work on cases dating back Toronto Police is better equipped to to 1968. It is willing to extend its ser­ prove that if you commit the crime, vices to any police organization in the you will have to spend time behind world on a first-come first-served bars. basis. Cases may be referred to CARES was developed in 1986 as CARES in any stage of an investiga­ a joint venture between IBM Canada tion. For additional information con­ ltd. and the Metropolitan Toronto tact Detective Inspector Gary Madrick Police Force to establish a method to or Detective Sergeant Marv Minor at help locate children who have been (416) 324-6198. • missing for a long period of time. Clark, a volunteer artist for Metro's Final computer image force at the time, and Mr. Rich Helms and his IBM team were instrumental in CARES development. As the study progressed they realiz­ ed CARES could assist in reducing the extensive legwork associated with solving cases ranging from homicides to thefts. Introduced at first for aging missing children, the technique opens up various time-saving opportunities for policing Metro's communities. CARES can remove disguises from suspects photographed by security cameras, develop composite photos Police Artists Bette Clarke and David Sills work on a computerized composite.

~A~p~n~'l ~1 ~99~1 ______~ ______~ B~ltW~L=t~·1W~M~a~g~~·1W~ Handgun Vs. Revolvers Response Proper Training And Equipment Is The Key - W.N. Burton -

ver the past months I have associated to the revolver. I also have force them to teach us how to survive O been reading and listening to to wonder why most Canadian police a gunfight then lets get moving. As for quite a lot of information on this topic, forces issue autoloaders to their the non dedicated or skilled officer I'm most of it has been quite interesting emergency response teams, drug sure if they can learn how to use all and useful. However the recent units, dog handlers etc. It seems odd the new computer technology they articles by Steven Shepherd have to give an inferior weapon to so­ can learn to shoot an autoloader. motivated me to say a few words. meone responding to armed confron­ Another area that gets neglected and I have never seen such a biased tations regularly. for no good reason is night shooting. and slanted list of advantages and Please don't suggest they get them Training is very limited and at least in disadvantages associated to the pistol. because they're smarter or need them my case we're taught to use a I have a great deal of difficulty taking more. Most shootings involve street flashlight and a one hand grip. seriously the opinion of someone who officers caught by surprise. The need Anyone who has done this knows the can twist an advantage into several is in the street and I won't even ad­ one handed grip is not ideal. In ad­ disadvantages. dress the intelligence issue for obvious dition, giving the adversary a flashlight I get very angry when a person sug­ reasons. bullseye to shoot at can't be good and gests that I, and officers everywhere, Mr. Hargreaves is on the right track finally you become immediately are too weak to load a magazine or with his article, however he is mak­ aware of a well lit wall of powder too limp wristed to hold a pistol firm ­ ing assumptions as well. He wishes to residue in the air which obliterates ly and just generally too stupid to limit us to 9MM because of recoil. targets. In effect you are blind and learn how to use one. Mr Shepherd Well yes the .40 S&W, lOMM and .45 your adversary has a nice round white quotes test results from Illinois state cal do kick more, but the fact is they target. There are several 3 dot tritium police to illustrate the superior ac­ are the only calibers at present that get night sights on the market which have curacy of the revolver. He fails to the job done. The F.B.I. found out just been proven to retain 90 to 100 per­ mention that in 1967 Illinois became how inefficient the 9MM was and the cent of your daytime accuracy. They the first U.S. state police to issue S&W suspects on that fateful day in Miami allow a two handed grip and preclude Model 39 9MM autoloaders. This was weren't even wearing heavy winter the need for a flashlight. Since we en­ done in response to a trooper who clothing which would have further counter most of our situations after was killed by a .45 cal. slug from an hampered the bullet's effectiveness. dark I'm shocked that this area is so autoloader while his revolver cylinder Lets not learn the same tragic lesson neglected. It can't be bad from an in ­ hung open and empty. Since the and be responsible enough to benefit surance standpoint to have less errant switch no problems have been en­ from theirs. rounds flying around, and it's a countered. The extra firepower com­ If the military can train anyone who definite plus to the officer caught with bined with the manual safety on the walks off the street to shoot an a tricky flashlight switch or none at all. pistol have saved lives. Not one of­ autoloader then I am sure the police We all know economics and politics ficer has been murdered with his own offices in this country who have been are the real reasons this isn't being weapon since 1967 even though subjected to a stringent selection pro­ done. I can't decide just how much several have been disarmed. cess can also. All it would take is a an officer is worth in monetary terms I also wonder why almost every new commitment by the training bran­ but I hope it's priceless. As for politics, U.S. police service has or is consider­ ches and you'd be surprised what we I'm sure the majority of citizens would ing the switch to autoloaders. They can do. The present training is nothing like to see us better protected. have a vast knowledge of gunfights more than an insurance safeguard and are all too aware of the failings and if it takes a change in weapon to

Btu Li ne Magazine April 1991 Part 2 Police or Political Control - Connie Boyden -

This is the second of a 2 part series almost guarantees police contact, has Services Act does not ensure these which was prepared in August last launched over 30 complaints against desirable outcomes. year by Connie Boyden for the Toron­ police officers. This requires in­ to based group "Concerned Citizens vestigative manpower. Civilian Review for Order, Peace and Security As a point of question, how many Although not clearly spelled out in (C.c.o.P5.). It highlights potential of the 200 withdrawn complaints (out Section 113 the birth of the Special problems with Bill 107: the Ontario of 594) were frivolous and deserving Investigative Unit means that civilian Police Services Act. This Act has of counter action of some sort? The review exists and the provisions are become quite controversial and is confidentiality of section 108 essen­ now in place. A move in this direc­ seen by many politicians as a model tially protects abusers of the system tion, especially when morale is low, for other provinces to copy. This is the from scrutiny by anyone wanting to gives police management cause for second of a two part series on the deter misuse. concern. topic. Opposing opinions are The entire process must be seen to On the surface, civilian review welcome. protect the police, as well as the seems like a good idea except for the public, from miscarriages of justice. If psychological implications of the im­ Concerns About Scrutinizing this Commission is not seen by police plicit message it gives to the police Police Actions to be a "balanced" forum where dif­ community. If a majority of police of­ ficulties are ironed out, then it will be he following comments reiterate ficers believe that they do their jobs perceived to be a "kangaroo" court. points at Public Hearings prior to to the best of their ability, why should T Furthermore, the tax payers should the passage of the Ontario Police a situation exist (backed up by law) not have to pay for investigations that Services Act which have not been ad­ that implies they do not? are essentially smoke-screens. dressed. With regards to Public Com­ Research suggests that a majority plaints Commission, these concerns of police officers investigate their own The 24 Hour Badge are in the form of questions to be more carefully just to prove they are answered. The first one is: How does The second question is: not biased. Furthermore, research the Police Services Act ensure that What protection does an off-duty also shows that 90.8% of research people will not use the Complaints police officer have for his/ her per­ respondents agreed (57.7% in the Procedure to create smoke-screens sonallife (i.e. defining what constitutes "Strongly Agree" category) with the for their own illegal, or obnoxious, complaint parameters)? statement, "Police believe politicians behaviour (i.e. outlining deterrents for The police officer is often the "resi­ appease pressure groups without con­ misuse or abuse)? dent cop" in his or her home sidering the effect it has on policing': The Public Complaints Commis­ neighbourhood. As such, the per­ Therefore, Bill 107 does not enhance sion does more than just handle com­ sonal life of the police officer and the things police officers believe they plaints in that it acts as an advisory family members has always been af­ do well, but only seems to reinforce body, as well as being involved in fected by the weight of the "24-hour­ the mistrust police officers have of the educational pursuits and outreach a-day badge". Now, to make this political process as related to police programs to the public. Perhaps it worse, the Police Services Act does matters. should be called the Ombudsman's not clarify that a verbal dispute bet­ Another point to consider about Office. Since it cost Ontario tax payers ween neighbours won't become a civilian review is the implicit message several million dollars last year to government affair. given to the public. Does the message dispose of 594 complaints, law­ No one wants to see a disreputable say that the majority of police may not abiding people, as well as police police officer play with the rules to have enough integrity to police their officers, need to know that this Com­ escape punishment. However, any own? Fortunately, most of the public mission isn't going to be a large complaint system must be perceived doesn't accept this perception and expense of minimal value because to be fair and unbiased for everyone trust that the police want "bad apples" bona fide "wrong-doers" make the concerned. It also needs to ensure removed as much as anyone. most use of its function . For example, that abuse can be monitored and/ or However, advertising for people to an alleged drug dealer, whose lifestyle prevented. The Ontario Police make complaints against police

April 1991 IitiI Blue Line Magazine ~------~ subtly damages the confidence of where tax dollars are being spent, this involved to ensure that politicians those who may never have dealings will become an issue. address these " why" questions with police. [n addition, the media Secondly, the section outlining effectively. coverage which accentuates bad employment equity goals and objec­ Police forces have been criticized for deeds, not good deeds, creates a wor­ tives, while admirable in purpose, not moving fast enough to change risome public image. Seeds of doubt does not allocate responsibilities cor­ what some call "outdated thinking". are planted that can create a self­ rectly. As such, the attempts to social­ It is a paradox that those leveling this fulfilling prophecy. ly engineer the police structure has criticism, or those trying to correct it, potentially serious repercussions. Us­ focus on police shortcomings and Ba[ancing the Risk ing threats of suspension if unrealistic threaten punishment. These methods goals are not met, can lead to satis­ of producing behaviour change are Police officers should not object to fair fying "quotas" for target groups, in­ themselves archaic! and unbiased scrutiny. However, the stead of ensuring quality of individuals To attract and keep good police of­ Police Services Act does not prevent as the primary guide. As well, being ficers, conditions which suggest sup­ misuse of the complaints procedure. "singled out" creates unnecessary port and give encouragement need to Furthermore, the implicit threat of pressure to perform, just to show be in place for the majority of hard­ review of every action is becoming a competence is the reason for the ad­ working, honest police personnel. "psychological handcuff" to enforcing vancement - not favoured status. The Ontario Police Services Act does the law. It makes many good police Respect of one's own abilities and not facilitate the development of this officers wonder if the risks are worth it. respect for the abilities of others usual­ environment. Sadly, this state of af­ For example, one risk of concern ly cannot be legislated effectively, but fairs affects everyone who appreciates to the Police Association has to do must be earned. the law and order we now enjoy. with indemnification of a police officer Finally, other positions of authori­ who acts in good faith , yet ends up ty (i.e. Cabinet Ministers, judges, ap­ with a guilty verdict when a review pOinted offiCials, etc.) enjoy protective suggests an error of judgment. Sec­ Guest Writer privilege, even when time is usually tion 50 of the Police Services Act Connie Boyden completed a Master's available to weigh options before needs to be amended to remove this program in Counseling- Applied making a decision. Decisions made by as a concern by clarifying that all legal Psychology, at the Ontario Institute for these individuals cannot be scrutiniz­ costs will be covered, except in the Studies in Education (University of ed to the same extent as those of case of willful wrongdoings. Toronto) . Her areas of interest are police personnel. Perhaps the concept ince a decision is often made family counseling and substance expressed earlier of checks and without the benefit of time, or abuse, particularly related to the balances should be noted because knowledge of all the factors at play, police community. She has written these decisions have much greater im­ the police officer should not be major research, studies and papers on pact on the law-abiding public. penalized financially for enforcing the police officers distress. She has also Perhaps the police community needs law under "fuzzy" circumstances, written articles on "The Police Fami­ to be less, not more, under the con­ regardless of the outcome of 20/ 20 ly", and "Policewomen" as well as field trol of government. hindsight. research on the major sources of The police officer is the front-line stress in the police occupation. Her person in the justice system that keeps Conclusions Master's research focused on the at­ the majority of law-abiding people titudes, perceptions and experience of First of all , the seeping power of a safe from harm. [t is all to easy to police officers related to current issues. small number of individuals to make assume the security and safety en­ regulations for police activities by vir­ joyed today will be maintained by tue of Ontario's Order in Council is an motivated police personnel in the overriding concern. With the diversi­ future. If law-abiding people are fear­ ty of views multi-cultural poliCies en­ ful of their sons or daughters being courage and the reality of narrowly police officers, the question "why" We Have Moved! focused lobby groups, it could be dif­ needs to be addressed. If law-abiding Blue Line Magazine ficult for the Premier and Cabinet people are concerned that police of­ 12A-4981 Hwy. 7 East Ministers of the future to hear what ficers may not take the risks good Suite 254 the "silent majority" really wants their police work involves, the question Markham, Ontario police forces to accomplish. As peo­ "why" needs to be addressed. The LJR INI ple start to question more vigorously "silent majority" needs to become

-=B~lu=e~L=i~ne~M~ag~~~'ne~______~ April 1991 Regina Vs. Drda 1032-018 ~3 pages) ~~~-~~k Choke hold makes refusal justified A suspected impaired driver who was to walk away. appellant, he did not have the right rendered unconscious from a police The officer advised the accused to to effect this end at any cost." choke hold has had his conviction remain at the scene whereby the ac­ Madam Justice Huddart continued overturned and his readings tossed cused yelled at the officer that he by stating "our community is to be out by a B.c. Court of Appeal. could go where ever he wanted. In distinguished from that found in cer­ Madam Justice Carol Huddart said response to this the officer applied a tain other countries in large part that the accused had a reasonable ex­ choke-hold to the accused which because we do not condone police cuse to refuse a Breathalyzer demand caused him to lose consciousness for brutality. We expect that our peace because the choke hold deprived him around 20 seconds. The accused was keepers will restrict the use of force of his "liberty and fundamental dignity then taken to a police facility where to that which is necessary. (The of­ as an individual." he refused to supply a sample of his ficer's) actions demonstrated a total The case involved a man driving his breath for analysis. disregard for Mr. Drda's body integ­ car around 2 a.m. in June of 1989. At the original trial the court rity which easily passed the threshold As he was driving his car he noticed dismissed the Impaired charge but of unfairness. Any other conclusion a delivery truck had stopped in front convicted the accused of refusing a is , in my view, unreasonable." of him . The accused accelerated to breath test. Upon appeal to the higher The court ruling stated that even if pass the vehicle on the right side but court the ruling stated that "Although the officer's conduct was not meant failed to see a stopped police vehicle Mr. Drda was unpleasant, the to be malicious, it was outside the in the intersection ahead. He collid­ evidence does not suggest that he was scope of what the accused could ed with the police vehicle. When ap­ attacking or threatening in any way." reasonably have anticipated and that proached by the investigating officer The Justice continued by saying, this would certainly be a reasonable the accused was placed under arrest "there is no indication that a lessor excuse to refuse to co-operate any and his rights given to him. Upon restraint would not have worked just further. hearing this the accused became un­ as well. Although (the officer) had cooperative and at one point began common law authority to detain the

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April 1991 B lue Line Magazine judge's feeling that the Crown must Part 1 prove not only that the action was careless but further that "the conduct must be of such a nature that it can Careless Driving be considered a breach of duty to the public and deserving of punishment... - Morley Lymburner - and ... such a lack of care and atten­ tion as would be considered to be deserving of punishment as a crime his article is the first of a three when and when not to use it is of or quasi-crime." T part series on the offence of paramount importance to a successful For many years this defence stirred Careless Driving. This is a reprint up­ prosecution. up a lot of mud in the courts. Since date from the Blue line Magazine this ruling was made in 1953 the series first released in 1989. In this What Is Careless Driving? courts have blown it out of the water series you will read about the offence with Regina Vs. Jacobsen, Regina Vs. in Case Law and hopefully under­ The charge of careless driving was McIver, and O'Grady Vs. Sparling. stand this much misunderstood of­ defined by the Supreme Court of These basically state that the offence fence. Much of what is written in this Canada in the case of Archer Vs . the of careless driving is merely an offence series owes credit to the dedicated ef­ Queen in 1955. At that time the of­ that is one of "strict liability" and there forts of Mr. Edward Gunraj the pre­ fence was re-enacted to incorporate is no requirement for the Crown to sent legal advisor to the bylaw en­ the two methods by which it can be prove an intend of any kind. Just that forcement branch of Metropolitan committed. Before this case it was re­ the offence was committed. Toronto. Mr. Gunraj has spent many quired of the Crown to prove that the This defence is still brought up on years as a barrister, Provincial Pro­ defendant either "drove without occasion and if a Crown is not sharp secutor and senior magistrate and reasonable consideration for others", it can go by unchallenged. authored a training manual present­ OR "without due care and attention." ly used by the Ontario Provincial Pro­ The ruling effectively stated that the Advertent and Inadvertent secutors Office. Although the writing Crown did not have to do this. All the Negligence style is mine most of the research was prosecution had to prove was that one Several years ago the Supreme Court his. of the two elements was present. Before "ARCHER" you could found that the Criminal Code offence Introduction paraphrase it by saying the Crown of "Drive While Disqualified" was had to call its shots. If an information "ultra vires ." What this meant was that The charge of careless driving is a said "Driving without reasonable con­ the Federal Act could not duplicate an greatly misunderstood and much sideration" but the evidence showed offence that was already on the books maligned charge. Many people con­ that the defendant "drove without due as a Provincial violation. sider it to be a catch-all charge. "If in care and attention", then the defen­ In 1960 the same thing was at­ doubt lay careless" is the phrase jok­ dant walked. tempted against the offence of ingly mentioned when some one is careless driving. In O'Grady Vs. Sparl­ asking advice about an accident The Defence to the Rescue ing the defence attempted to say that investigation. careless driving was the same offence Many misconceptions abound You may have heard many defence as dangerous driving under the about this hybrid offence. Many feel attorneys refer to the case of Regina Criminal Code. It did not work. The that careless driving is a degree of Vs. Beauchamp (1953). This is bet­ reason cited was that most offences dangerous driving and as such should ter known as the "grasping at straws under the Criminal Code have an ele­ be used as a plea bargain tool that can defence." It probably means you have ment of willful intent attached to them be interchanged easily with it. This is a strong case and the defence knows that they termed "Advertent a fallacy that in itself can be dangerous it. In this case a more appropriate Negligence." to your prosecution. charge would have been "Start From The judge's reasoning in this case A considerable amount of case law Stop Position - Not In Safety." was that the Crown is not attempting exists on the subject of careless driv­ However careless driving was the to prove the accused set out to drive ing and it is a subject important charge laid. in this fashion but that he was mere­ enough to spend considerable time The facts of the case are not impor­ ly found doing it. It was pointed out discussing. Understanding the offence tant but the judge's ruling is . What the that if it is proved that the defendant as well as the subtle strategies around defence likes about Beauchamp is the mounted the vehicle with intent to Conti nued on page 29

Btu Line Magazine Iiif:j Apri l 1991 ---"------~ ------=--- Rap With Rock - Rock Dueck - Justice For All? algary is definitely a city of con­ Compare this incident with the case is suspended without pay until the C trasts. In February of this year, of Herbert Cline, a 27 year veteran matter is finally resolved. twenty teenagers punched, kicked, of the Calgary Police service. A few In the first case, an unprovoked at­ whipped and generally abused a man months ago Cline attended a tack by apprentice gangsters will result at the intersection of a busy domestic complaint during which he in very limited consequences. In the downtown Calgary street. The man, had occasion to strike a defiant male second, a peace officer performing his Robert Turley aged 47, was apparent­ on the hand with his night stick. duty is convicted of a criminal offence, ly pushing all of his worldly goods Although the hand is a proper target suspended without pay, and poten­ down the street when the attack took instructed in the force's training tially striped of his, up until now, place. course, a small bone was broken in unblemished career. Somehow this His "very valuable possessions" the subject's hand. The blows were doesn't quite figure. amounted to a shopping cart filled delivered by the constable to convince Meanwhile, two of my less credible with empty pop and beer bottles. the subject to comply with a police sources within the Calgary Police Ser­ Street people, like Turley, are rarely order to remove his hand from the vice, Constables Magilla and Clyde, a threat to anyone, but it would seem door knob of his estranged cohabi­ insist that the solution to the police that his very existence inspired these tant's home, and only after the order problem is the issue of a different type kids to throw rocks and garbage at was ignored several times. When the of weapon, the "Nerf" night stick. him. The situation was a beating subject did comply, no further action Although this type would still be which resulted in three cuts to Turley's was taken and he was merely sent on dangerous in the hands of these par­ head along with other bumps and his way. The hand injury has resulted ticular members, it would prevent bruises. For their 1920's Chicago style in Cline being charged and convicted future injuries to "poor offenders" activities, these young people who fall of "using too much force" and from nice guys like Herb Cline. within the provisions of the Young Of­ sentenced to 30 days in jail. An ap­ Many members have chosen not to fenders Act, may face charges that peal by the Police Association has carry any baton until the appeal is only result in minor consequences. kept Cline free for the moment but he concluded sometime in April.

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Available from (416) 294-4773 Green Gables Book Shop VISA - MasterCard - American Express 118 Main Street North, Markham, Ontario L3P I YI Accepted June 17·21, 1991 71 Manorview Close, Winnipeg, Manitobe, 1991 CALENDAR OF Ontario Association Of R2P OB4 or phone (204) 633-3504. Chiefs Of Police UP-COMING EVENTS Sudbury, Ontario September 12·13, 1991 International Police Diver Symposium The Sudbury Regional Police Force will be May 1·3, 1991 Burlington, Ontario host to the Ontario Association of Chiefs of "The Qualified Applicant - Police annual convention. For further details This event will be held at the Canada Cen­ The 90' Chall enge" contact Sgt. O'Brian at (705) 675·9171 tre for Inland Waters in Burlington. The algary, Alberta Ex.284 or 285. event is presented annually and is supported The Calgary Police Service will host the by several local police agencies and associa­ Canadian Recruiter's Conference in Calgary, June 24·27, 1991 tions. The symposium gathers represen­ Alberta. Topics of discussion will include Violence & Aggression tatives from around the world and includes employment equity recruiting, setting stan· Saskatoon, Saskatchewan demonstrations, seminars and a trade show. dards for recruiting, and removing the bias Further details will be given in future issues. Correctional Service Canada and the from the selection procedures. Organizers Contact: Rick Rozoski at (416) 575-1434. University of Saskatchewan will be presen­ will be accepting further proposals for the ting the third annual symposium on seminar up to March 1st, 1991. For further September 23·26, 1991 Violence & Aggression . For further informa­ information and details contact S/ Sgt. S. Profile 2000 tion contact (306) 966-5539. Lieskovsky at (403) 268·8481 or FAX (403) Toronto, Ontario 26 -4515. The Metropolitan Toronto Police Sexual June 27·29, 1991 Assault Squad will present a four day sex Canada Cup Race Series May 6·9, 1991 crimes seminar. The seminar will be held at Shannonville, Ontario " exual Abu e Development the Metropolitan Toronto Police Head­ Dyna mic & Profil es" The Canadian Police Officers Motorcycle quarters Auditorium. Several key-note Pri n e Albert, askatchewan Championships will be holding their annual speakers and international experts in the Canada Cup Motorcycle Races at the Shan­ field are to be featured. Further information The Prince Albert City Police Department nonville Raceway, just east of Belleville, On­ to be announced in upcoming issues. For will be sponsoring a four day seminar on tario. This annual event is held in conjunc­ further details and registration information, " exual Abuse Development Dynamics & tion with FAST Motorcycle Training School. contact Det. Wendy Leaver at (416) Profiles." This four day seminar will involve For further information about the race and 324-6060 or FAX (416) 324-0697. several speakers including consultants Peter lodgings contact Dave Stewart at (416) M. Welsh and Brent W. Warberg. Topics will 831-2013 or John Fournier at (416) September 25·30, 1991 Include understanding the development of 831-8208. 1991 World Championship juvenile sexual offenders and the issues in Police Motorsport treating both the offender and the victim . July 16·19, 1991 Paris, France Registration is $175.00 for three days or Canadian Identification Society The Canadian Police Officers Motorcycle 50.00 for a single day. This seminar is Saint John, New Brunswick Team will be sending a 20 member delega· limited to 200 persons. For further informa· The Saint John Police Force will be host to tion to this international event. Other officers tion contact: Chief of Police, Prince Albert may attend at their own expense if they wish City Police Department, 45·15th Street "Conference '91" the annual conference and seminar for the Canadian Identification to have a memorable vacation. This can also West, Prince Albert, Saskatchewan, S6V include some practice races with the Cana­ 3P4. Phone (306) 922-4441. Society. Contact person is Constable Janet N. Holt at (506) 648-3297 or FAX (506) dian Team at Circuit Carole near Paris. The 648-3304. official carrier for the event is Air Canada May 12, 1991 and the Canadian participants will be leav­ Criminal In ident August 25·30, 1991 ing from Toronto on September 22nd. For Communication Seminar further information contact John Fo urnier Brandon, Manitoba Canadian Association Of Chiefs Of Police (416) 831-8208 or Dave Stewart at (416) The Brandon City Police will host a one day London, Ontario 831-2013. seminar on Critical Incident Communica· tion. This seminar is about communications The London Police Force will host the Cana­ October 21·23, 1991 and how its effective use can enhance of· dian Association of Chiefs of Police 86th Institute For The Prevention ficer safety. It will be of benefit to both annual convention. For further details call Of Child Abuse officers and dispatchers. For further inform· Supt. Elgin Austin at (5 19) 661-5677 or Toronto, Ontario ation contact: Con staab Ie marc Alain at FAX (5 19) 438-7230. The 9th Annual Conference of the (204) 725·2345 Institute for the Prevention of Child Abuse August 30 • September 1, 1991 will be held in Toronto, Ontario. Further June 10·14, 1991 Canadian National Police details to be announced in upcoming issues. Uniformed afety Education Combat Championships ffi er Work hop Winnipeg, Manitoba November 25·28, 1991 Mi i auga, Ontario The Winnipeg Police Revolver Club will be Canadian Organization Of Victim Assistance The annual Uniformed Safety Education Of· host to this annual event that will be held Victoria, British Columbia ficer Workshop will be held at the Stage West at the Winnipeg Police Firearms Training Hotel in Mississauga and sponsored by the Facility. This event will have over $15,000 The Victoria Police Service will be presen­ Ontario Provincial Police. For further infor· worth of prizes. This event is li mited to 300 ting the Canadian Organization of Victim mation and details contact Sgt. Tim Cooper pre-registered entrants only. For further Assistance seminar. For further details con­ (416) 965-4400. information contact: Barry Chikowski, tact the Victoria Police Service.

Blue Line Magazine April 1991 p R o D u c T • N E w

efforts by quickly providing com­ Emergency prehensive emergency response infor­ mation. It is said to give on-scene Management Made commanders the necessary tools to Easy With "SoftRisk" effectively perform operational and management duties. SoftRisk is an emergency manage­ Another advantage to the system ment solution that increases efficien­ is to test and enhance the knowledge cies in response, planning and train­ and ability of personnel in a wide ing of personnel. The program is a range of realistic circumstances. The comprehensive package that company claims that it is highly effec­ SoftRisk's maps incorporate practical prioritizes persons, agencies, and ser­ tive in training. emergency management functions. vice organizations to contact when a The system has been most recent­ specific emergency arises. It also sets ly acquired by the Metro Toronto out a comprehensive response pro­ Police Emergency Measures Office, cedure backed up with flow charts, Metro Toronto Department of Am­ maps and diagrams on a colour com­ bulance Services as well as the Cana­ puter screen. dian Petroleum Products Institute. The Impact Research Group of Van­ system has also been adopted by the couver states that this system can Canadian Emergency Preparedness operate on a network or stand alone College in Arnprior, Ontario. computer. They advise that as a For further information contact decision-making aid, it reduces I.R.G. at (604) 736-0012 or FAX Thxt and graphics can be entered, managed response time and improves response (604) 736-8370. and communicated efficiently.

Continued from page 26 drive in a careless or reckless manner They would convict for careless on the then the violation is criminal in nature. feeling that the officer gave the defen­ What is important to remember is dant a real break by not going NEXT MONTH: that sometimes your case can be too criminally. Those days are gone. Part 2 - strong. You just might go beyond Think about your evidence before you But What If ..... carelessness and into the realm of in ­ proceed to trail. A good prosecutor tentionally driving in the manner they may help you if you are in doubt. did. Once you have done this you may lose your careless charge. This A Little Postal Trivia easy. (Over 55,000 magazines were is when you hear the judge state such Blue Line Magazine gets a lot of en­ distributed last year) . As of March 1st things as "I find the action described quiries about missing magazines. our postal rate went up 50% and we as dangerous but not careless." Here is a little trivia for you. still have to sort it, label it, bag it, and If you find a judge who states this Last year we had 1,235 magazines truck it to the postal plant every fourth and dismisses your charge do not go missing out of the postal system. week. And now (Oh Joy! Oh Bliss!) entertain laying a dangerous charge. Most of these out of the Scarborough the Publisher has found that next year You are only allowed on "kick at the Postal Plant. The loss is even greater he will pay 41 cents a piece (GST not cat." If you fail then the accused walks. when replacements are considered. included) for the privilege of using the Many of the old time JP's would hear Blue Line has never gotten compen­ postal system. (And one day the many charges of careless driving that sated and talking to other publishers Publisher hopes to get rid of his should have been dangerous driving. it was found that the magazine got off eleven-year-old Chev!)

~A~p_"_'l _19~9_1 ______~ ______~ B~l~ue~L~ine~M~a~g~~_·_ne__ Law Enforce For Special 19 hen Richard LaM un yon of the W Wichita Police Force first had the idea to have Law Enforcement Officers organize a Torch Run for Special Olympics in 1981, he had no idea the effect the project would have on Special Olympics around the world. Today over 70 Torch Runs happen annually in Canada, the USA, Trinidad, Great Britain, France and Jamaica. These runs raise over $5 million to support sport, recreation and fitness programs for people who are mentally handicapped. When Police Constable Lome White of the Metropolitan Toronto Police Force attended his first Torch Run Seminar in 1986, he too had no idea how the Torch Run would grow in Canada. After only five years of development, Torch Runs are now happening in nine provinces and it is estimated that over $1.1 million will be raised in 1991. The outstanding success story has been made possible because of the support of the Canadian Association of Chiefs of Police (C.A.c.P.) , the pro­ vincial associations of Chief of Police, key organizers in each province and thousands of Law Enforcement per­ sonnel who carry the Torch.

What Is A Torch Run? Law Enforcement Torch Runs for Special Olympics involve Law En ­ forcement personnel registering to run with the Torch on a deSignated route. Different agencies are assigned por­ tions of the route and they handle the logistics. Runners pay a registration fee to participate and they receive a Torch Run T-shirt. Runners are also provided with receipt books so they can receive donations on behalf of the Torch Run and Special Olympics. The registration fee and corporate sponsorships cover all the operating

Blue Li ne Magazine ~ ---"------~ April 1991 ent Torch Run Olympics 91 costs of the run. This allows the run­ The Torch passes through com­ ners to ensure donors that 100% of munities of all sizes. This provides the their donation is being used to pro­ local agency with the opportunity to ld1~~1ti:~ mote sport, physical recreation and organize a civic reception to promote .. ~~ - ti;~J ' ~Ea "~"B fitness programs for people who are !:~~l l~~~~ .l&c;.~~bJ their involvement. By having local '~>>:'L .">'.~_"'.l:!Ii:~.. . t~ Ctj:><:~"'r .~.;:.t;.t;;tR:J:~.: . " mentally handicapped. Special Olympics athletes and . !: !i:;;:.o.;;~t>tt~~i~:H:~:.... I ~]~:? . ..:-t}r.t~~t.~.",.to i:';:-.K~::~t1··~ Many runners have taken up the coaches involved, Law Enforcement • ~" ••• -.. ~:." ;:ii:r;;~r:>J:I·:-!:::r'·!'l·.I:!'l ~"~:'~tt~~1 .• t;::=', ~~r.·"~~~~~:::i:i~:'~ challenge of raising significant can show the public their involvement ..;:;;;o---1:i< V(rg:i:.t.::: ...,.t:l L ~.I''''::'00''' ' ...... ,-r.:-;.i' >':r,,=-;"1:·:;.:-;.,..... !t~::t'\. ~ I';t. amounts of money for Special Olym­ with the community. ,.~~f.U ";;~~i~~[t~~Ulhrr.~~ pics. However, the real strength of the For many, the highlight of the Torch ':l:';t ~, I ~ !) {t~tr';:~NRi:.o-~~k;. :, program is having many people in­ Run is the "Final Leg". This involves t~ . ~}:.::~.tt? I;.~I t!,,!::s"-~~~!'''~ ~::r ·};.r' ~r.t:"":::~i- i' ~ .~.:-f::';;c't ti- ~~ volved and them all raising some carrying the Torch into the Opening . ~t!:l>."',!Sr. q':':'.:' -::::>~."w. ""'i:1 ""Jo:.. ~;,.:- . ","',:1" .': :-""'?-"I !'to l>;';' ~ ,.:.. ~i;r ::~ ~"' :!. ":;~':' >:>t>:; .. ~ .... money. Ceremonies of a special Olympics · ~tr..~11 It t~i~~~!:~r.~ L ~':t.I 0!'9.'\."',~ . i:l •.....• , ...... Games. All runners are invited to par­ . rJ:~ 'f.~t:~~~:.}~;~E~?i~:::S~rE~E~L1t· ~1!:~.i:!-~ f: ,.::., ~Ei"~ 'i~.~>;·'>i·::.; r·''''''' :·i.~ ''' ticipate (although distance often :ettr 'ifl:f:~~~~::':. '..;,::;.. ~~8:~:.~::"::;'8 Newfoundland/ Labrador prevents this) as the Torch is carried :::LiI .A.l:!{~ i:1"'''i::. ~iI. ~~SE.i:~~!:'~~1:i!!>~~ ~!:'$;r ~~ ·>':: ~:t: ~:;::~~ 1 June 7 in and handed to a Special Olympics .::', Only 3 agencies will be r,o,..~ ",=,""",,--,.'. ", ,fi:i:l : ~ ~; ...... , , represented from this pro· athlete to signify the Opening of the 1,;:".... @ (; ...... :-' }___ •..•. l'l', vince but they will produce Games. Athletes and spectators all . r· ...... ( u: ~h over 100 runners between (' ...... ] 'f-:' : :~ j cheer the runners in what is often an ....r »»»>:-:.J f >!>!i:~• .~ them. They expect to collect " ...... • ~~ . , .'. • over $2,000 after running 96 emotional moment. Runners who ,' ...... ~:'.~"-.~, . ~ ... ~:.;.:.::::!-, km. Contact \'s Sgt. Crawley ,~ ... , ...... r, ... .. \ ·.·.·.'l have had the opportunity to be in­ volved in this Ceremony remember ~<~ i!!yu}nU~~@m0!~~;,:156 the experience. How Do I Get Involved? \ \. . . . Prince Edward Island ...... ~ ,.r ::: : : : July 7 • ~ >> >~~':~' I~ ~ i Y Any person involved in Law Enforce­ .... ,' ... ' ...... Canada s smallest province is ::: :~~.:< .: .: ( - :: 1 ment can be involved. You do not :'····· ...... expected to produce over .:.:< ...... , r: :-t ,"7, j(n';-:~-:- ] I ...... , I " '1.. ~' 1 ~ ...... : . :.:.:. :.:. 110 law enforcement officers :.:.:.:.:.:/ I:: :':'::: :::;:: ~~"~ ~ have to be a runner. Simply call the ... ' .. """,, .... " ~ '.' . '.'.'.'.' who will run over 350 km ...... :.... I ;:::: ::::::::::~~, contact person in your province. As , .' , .' ' ..' ' .. , ) .::,..... , ~i :::::::::::: These runners will represent 7 :.>-:..... ':':«~::,\~?n: a volunteer you may be called on to : :: ~ :: : :: : :: :: ::':": t. : . : . : ..... : ~;~;c~i:~:::d a;~;,60~~t~~~~ ,:::::::~~::::\ ~r~ : :~~>~; ' ~'{11 I.". help with logistics, drive a support , Ontario tact is PI C Alan Kelly (902) :', \.;/. .. vehicle, take pictures or act as Master May 30 to June 13 368·2677. j" The largest number of run· of Ceremonies at a reception. : : ...... f ,".:.' r;-.j. .. , .-;~ ~~~ ners are expected to run here...... 1 ... . ( ...... -: .... ;l.. 1 ~ i"r.r:I Of course, runners are needed and Estimates indicate over 4.000 :::::::: :::: :::::::: : }/~?:( >}: ~J:;.:~) . {t~~ . the goal is to raise awareness and runners will cover 6,400 km. · ...... ,' \.,"." 1 ...... ~.~ :.:.: ~ Nova Scotia It will include the co· · ...... / ,Fr' I: : : : : : : : : : : rt,i; lil;f::~~~~1 May 19 to 31 money for Special Olympics. But ·' .' ...... • t:: .; .; .; .~ .;!:;.tr.:;j:' operation of 120 law · '. New Brunswick L;.;:: :: :': ' :'r'ia:l: :'~~~'" Canada's East Coast runners whatever your area of expertise, there enforcement agencies and it · :. May 27 to June 7 1;.)" .• ~f.f.f.W· will circle the Province as 200 is a job for you. is expected to generate over . . Over 1,400 km of road will be ~1;~r.~~iii' law enforcement officers $500,000. Contact person is '... under the feet of 400 law en· ~.: :r;l:l cover 1,000 km for the PI C Lorne White (416) forcement personnel from Special Olympics. It is ex· What If There Is No Torch Run 324·0515. New Brunswick. The runners pected that over 50 agencies In My Area? r.· '.. ' > . -~. .... -.. :> represent 12 agencies and are will collect $50,000. Contact targeted to raise $50,000. is Cpl. Fred Gallop (902) } ":" I~ If there is no Torch Run and you .' ".-- Contact is Dennis Atchison 426· 7127. t : .".. .::. ...• would like to know more about " (506) 459·3999. c.:!-'" organizing one, please call Pc. Lome White (416) 324-0515 or Mark Woods (416) 927-9050.

April 1991 Blue Line Magazine BMW SPELLS SAFETY ON THE JOB IN JUST THREE LmERS: ABS

Most motorcycle manufacturers put their engineering skill to work getting you going. At BMW we put our best minds to work getting you stopped. Safely. Anti-lock braking systems (ABS) have been used for years on aircraft and high performance cars. Now, BMW has integrated this state of the art technology into our motorcycles, including the K1 DOLT Police model. HOW IT WORKS The ABS system uses an on board computer to monitor front and rear wheel brakes. When ABS senses the brakes are about to lock, it reduces pressure in the wheel brake cylinder up to 7 times a second , and continues to do so until the risk of lock-up has been eliminated.

The BMW K100LT: The police motorcycle incorporates the ABS system designed to give the officer more control in any road conditions, from dry pavement to rain, sleet, sand or oil patches.

Front and rear toothed sensors are constantly monitored by an electronic control unit to determine when Intervention by ABS is necessary. BMW's System Helmet II : a unique front­ The outrigger-equipped motorcycle, without opening design ideal for police use. ABS , has locked up the wheels and lost From the officer's perspective, the stability during hard braking, on wet pavement (right) . The ABS-equipped tllke remains upright only change in sensation is an and controllable under the same conditions I incredible increase in straight line (left) . stopping ability. Even applying full brakes in an emergency straight line stop, full control of the motorcycle can WE HAVE WHAT Contact Tony Fletcher at BMW be maintained. Canada Inc., 920 Champlain Court, BMW motorcycles are in active use YOU NEED Whitby Ontari o L 1 N 6K9 or call by police departments in 100 countries TO GET HOME SAFELY (416) 683-1200. around the world. We know what you're facing on the streets in BMW Police motorcycles and congested traffic areas, and what equipment are designed to meet the unexpected demands are put on you challenges you face on the job. The and your machine. BMW System Helmet II has been On rain-slick city streets, BMW can positively accepted by major Canadian RESPONSIBILITY provide that additional edge. And in police forces. BMW protective suits, MEANS NO normal traffic conditions, ABS will give cold weather and rainwear all meet you the confidence to stop the toughest on the job challenges. COMPROMISE consistently in the shortest possible Your job is tough enough. BMW distance. wants to help you make it a bit safer.