Sunday, January 31, 2016

This Does Not Sound Good

Given that the government of Justin Trudeau is in favour of trade deals such as the TPP, its approval seems a foregone conclusion, despite its many grave potential drawbacks:



For a fuller discussion of the above graphic, please click here for both text and links.

Saturday, January 30, 2016

To Serve And Protect Who?



Were I so inclined, I could probably devote this blog solely to police misconduct, so extensive does it seem. Perhaps it is due to the Forcillo conviction for the attempted murder of the late Sammy Yatim that we are more sensitive to the issue, but each day seems to bring new information about police behaving badly. A crisis of public confidence is not too strong a phrase to describe the public's growing distrust of those sworn to protect and serve.

And to make matters worse, as I observed in a post earlier this week, the police, or at least their unions, are reacting with outrage rather than humility at these charges and convictions, a fact that does not bode well for changing the culture and profile of our protectors.

In its letters section today, The Toronto Star features an entire page of public reactions to the Forcillo conviction. Each letter is worth reading, but I reproduce just a few below to offer you a sampling of sentiments:
.... Police spokespeople have publicly worried that the verdict will “send a chill through the force.” But if a chill is what it takes to soothe the itchy trigger fingers of cops like Forcillo, then it’s exactly what we need. These men and women are given public permission to patrol our streets armed with increasingly deadly force. It’s time they understood that public scrutiny is part of that privilege – scrutiny that will become a bit uncomfortable now and then. Or are we supposed to look the other way when a citizen is killed?

As your editorial notes, the verdict will be small comfort to the Yatim family, but at least it’s something. And the Star deserves credit for its excellent series on police abuse and accountability in the GTA, “Breaking badge.” I believe that it has helped to shift our outdated attitudes towards the police.

Andrew van Velzen, Toronto

The TPS police union boss, Mike McCormack said he is “disappointed with the guilty finding and it sends a chilling message to other cops.” I agree. Indeed, disappointing the original charge was reduced and chilling that the blue wall choose to close ranks to protect a criminal in their midst rather than “serve and protect” the public.

Time for handlers at the senior police levels and politicians to take note. No more impunity for bad cops who have previously executed the emotionally or mentally upset among us. Rather than deescalating the situation. A overdue message to any cop who may wish to play fast and loose with civilian lives. Now consequences attached.

This is the first time in Ontario history a out of line cop actually has been convicted. Now the question is, will his legal weasels continue to attempt to subvert justice by their gyrations allowing this soon to be ex-thug in blue to escape?

Paul Coulter, Kincardine

Forcillo’s lawyer spoke of “trial by YouTube.” How about “trial by seeing is believing” or “trial by a picture is worth a thousand words.”‎

Let’s be clear here; no video, no conviction. All on-site police testifying in court would have backed and supported their brother’s need to use the excessive force repeatedly delivered on a dead or dying individual.

Tim Strevett, Hamilton

As in countless other trials, no one has emerged a winner here. Both Forcillo and Yatim’s family have lost.

I have to wonder, however, at the defence decrying the video shot that night, and suggesting it precluded a fair trial. When the police install cameras in the city and seek greater powers to snoop, we are told, if you are not doing anything wrong, you should not fear this surveillance. It seems, in this unhappy case, the police have learned they, too, are being watched and recorded.

Video evidence is virtually unrefutable; that’s why law enforcement wants it. Now, however, it seems the shoe is on the other foot.

G.P. Wowchuk, Toronto

...what should be most disturbing to the public is Mike McCormack’s reaction that the verdict is sending a “chilling message” to the police. The police still don’t get it. This reaction is itself sending a cold blooded warning to the public.

Torontonians have reason to beware the police when their spokesperson insists on their right to remain above the law.

Tony D’Andrea, Toronto

Friday, January 29, 2016

"It Was Very Malicious Of Them To Leave This Town In The Shape It's In" - A Tale Of Walmart's Depredations

The above observation is voiced by a former grocery store owner whose business closed shortly after Walmart moved into her town. But this is not just another story about how the retail behemoth drives out competition through its predatory pricing practices; it is a tale of what happens after it has wrung out all the profits it can and then vamooses from town for the sake of its 'corporate health,' leaving its former patrons with nowhere to shop.

This sad scenario, being played out in 150 small U.S. towns, is a sobering reminder that all too often the term 'corporate responsibility' is but a cruel oxymoron:

Thursday, January 28, 2016

More On James Forcillo


H/t Toronto Star

In response to yesterday's post, both the Salamander and the Mound of Sound offered some interesting commentary. The Salamander has experience in dealing with troubled and armed youth, as you will see, and The Mound has had careers both in journalism and the law. I am therefore reproducing their respective observations below:
.. the slow motion process of the Forcillo trial re the killing of Sammy Yatim has come to a temporary junction point. the toronto newstalk jocks can't get enough of expert opinion, so called public sentiment & various views from officialdom. In the past I described my own experiences, to the estimable Mound.. wherein I was called upon to deal with emotionally disturbed teens, drug addicted teens and triple maximum security juveniles.. I was never armed by the way.

Sammy Yatim was troubled, delusional & psychotic.. 1/2 of a collision looking for the other 1/2 .. that's very clear via video evidence, medical history & post mortem toxicology. He was 'out there' .. 'crispy' & as likely to try and swim to Rochester as he was to confront a dozen armed police.

But the killing is really about fearful Forcillo, a known hothead cop who'd pulled his gun a dozen times in 3 years. So lets keep the event very very concise, shall we? Most anyone has seen the various videos of Sammy Yatim's last moments & is aware of Forcillo's 'defense'.

Of course I'll paint it in a slightly different light.. as I've been there, done it, got the t-shirt.. dealing with delusional drug addled teens.. with a weapon.. and nobody died!

Forcillo and his female partner arrived on scene as a seemingly damn cool TTC driver gave up and left his streetcar. 'Taking charge' .. so to speak, Forcillo confronted the teen from a close but safe distance, shouting profanity laden 'orders' as his memory challenged partner holstered her weapon.

In the midst of numerous armed cops beside and around him, Forcillo feared for his life, such was the threat of knife wielding Sammy Yatim, up there inside a streetcar. Really now? Armed cops standing on either side of him, behind him, at the rear doors etc.. and Forcillo thought the teen could fly like a witch and get to him from the streetcar, without descending the steps & covering the 10 foot gap to that crowd of armed cops?

Forcillo exemplifies 'failure' .. the 'fearful' defense is so limp that its to laugh at.. but the Force must close ranks. In reality I suspect other cops curse Forcillo on a daily basis. The idea that his 'training' was to do what he did in approx 50 seconds of disastrous failure is to laugh at. Somewhere right near the bottom of the Toronto Police hires in the last 5 years is Forcillo.. a weak link deserving to drive a desk.. maybe in data entry or vehicle maintenance.. To let him deal with the public, much less ever own a gun again would be a travesty.. Amen, end of story.

I'm not satisfied the judge handled the case correctly either, Lorne. The judge issued revised instructions to the jury after they had deliberated that, to me, sounded bizarre.

The whole theory of whether this was one or two shooting events was confusing. The coroner testified about the nature of the wounds inflicted at the outset, when Yatim had been standing, contrasted with the subsequent wounds from bullets that struck a prone victim. Wound paths are readily traceable.

As I understand it the forensics suggested the initial three wounds were mortal. Yatim would have died without more. How then to treat the next five wounds? The Crown chose to treat that as attempted murder.

In firing squad executions is the coup de grace administered after the initial volley a separate event? I don't see it that way. It's collateral to the first shots.

I think an appellate court might order a retrial. I suspect that better Crown counsel might rethink the prosecution theory and look beyond the 5-second pause.

If, as the video suggests, Yatim collapsed with the first shot, were the second and third really justified? Was the first shot warranted unless Yatim made some clear move to exit the streetcar such as stepping into the stairwell? That, to me, was the obvious threshold to the "self defence" business.

I think the Crown may have muddied the waters and left the judge to deliver an incoherent, confusing charge to the jury. Were I sitting on the appeal I think I would set aside both verdicts and direct a new trial.

Wednesday, January 27, 2016

Clarity On Rona Ambrose

Ed Tanas helps shed some light on the temporary Tory leader and chief resident hypocrite (competing with Tony Clement for that title, of course).

Not A Moment Of Humility Or Uncertainty

I have avoided writing about the semi-acquital of Sammy Yatim's killer, Officer James Forcillo, partly because it sickens me when miscarriages of justice occur. Adding insult to injury is his lawyer's attempt to get his conviction for attempted murder stayed
...because Forcillo “substantially followed his training,” which was provided by the state.

“The state,” he said, “should be disentitled to a conviction because they . . . provided the training to him.”
Even more upsetting is the reaction of the police union, which you will see in a moment. But first, I'd like you to take a look at a clip about an execution perpetrated by the Cleveland police three years ago; especially offensive is the reaction of their union which, as you will see in the second clip, has some eerie echoes of Toronto police union head Mike McCormack's comments on Forcillo's conviction.





MsCormick laments that it sends a chilling message to front-line officers, as well it should. Unfortunately, the real message they will refuse to process is that when they violate their oath to serve and protect, they will be held accountable by the state, however imperfectly.

Humility, not police outrage, would be the proper reaction in both the Cleveland and Toronto cases.

"The Ocean, If It Wants Us, It'll Come And Take Us"

So says a bemused victim of climate change in California. Jaw-dropping and chilling is how I would describe this, yet another reminder of our powerlessness in the face of nature: