Showing posts with label Hamilton Police Service. Show all posts
Showing posts with label Hamilton Police Service. Show all posts

Sunday, February 26, 2012

Another Kind of Power Abuse



Although the political abuse of power is endemic in this country, especially at the federal level, it is sadly not the only one in which innocent people are victimized.

While I have frequently written on police misuse of power, the instances of that abuse, and the difficulty in bringing the perpetrators to account, seem only to be growing. Both Susan Clairmont, of The Hamilton Spectator, and The Star's Rosie DiManno, in an especially hard-hitting piece, offer some important insights into the obstacles faced by those seeking to bring rogue authorities to justice.

Thursday, September 8, 2011

Sometimes The Tools Of Police Intimidation Are Not Physical

I have written twice before about the ordeal suffered by Po La Hay, the Burmese immigrant living in Hamilton who was both the emotional and physical victim of police after they forcefully entered his apartment in search of a drug dealer. Unfortunately, they had the wrong address.

The officer who was alleged to have inflicted the most serious injuries on Hay, Ryan Tocher, was charged with his assault but later had those charges dismissed, despite the fact that the presiding judge believed police had engaged in a coverup.

As reported in today's Spectator, Hay initiated a lawsuit against "more than 20 Hamilton police officers, Chief Glenn De Caire and the police board in August. His statement of claim alleges he was falsely arrested, imprisoned and hurt by police using excessive force. The short, slender man claims he still suffers from “debilitating” injuries sustained during the raid."

The Hamilton Police Force is asking the court to dismiss the suit, claiming that "Hay “provoked the application of force” by police during the raid." As I recall, Po's 'provocation' was to try to resist an unwarranted arrest, a resistance no doubt quite limited by his slight 59-year-old frame. This attempt to blame the victim for his injuries is especially odious, given how it harkens back to a time when women were often said to have been 'asking for it' when they were brutally raped.

However, the Hamilton Police are attempting to cover all of their bases. Should this request to have the suit tossed fail, they are also asking "the court to order the [currently unemployed] 59-year-old to pay legal costs for the defendants."

Not all tools of intimidation are physical.



Please sign this petition urging Prime Minister Harper to stop threatening Michaela Keyserlingk and to stop exporting asbestos.

Friday, August 5, 2011

Injury, Death, and Concealment: A Tale of Two Police Forces

I have written previously about the botched drug raid by the Hamilton Police resulting in serious injury to Burmese immigrant Po La Hay, who suffered facial lacerations, three broken ribs and a fractured vertebra at the hands of police.  While the court yesterday dismissed the case against the officer in question, Ryan Tocher, citing insufficient evidence of the use of excessive force, the presiding judge, Justice Paul Currie , had excoriating words for Tocher's fellow officers, none of whom could put a face to the leg and foot stomping /kicking Mr. Hay:

Currie suggested the conduct of four police witnesses in the case “raises the spectre of a coverup.”

Currie was particularly concerned that neither Sergeant Paul Henderson, the raid supervisor, nor Detective Constables Chris Camalleri, Christopher Button or Angela Weston — all of whom where in the kitchen with Hay and the accused — could positively identify Tocher as the officer who stomped Hay. 

“I find the collective evidence of the witness officers to be troubling. Their inconsistencies in their version of the evidence and their apparent inability or unwillingness to identify the person attached to the leg, as most were easily serving in close proximity to the person who was attached to it, strains credulity and raises the spectre of a coverup,” Currie said in his ruling.

Indeed the judge hinted that the conduct of the witness officers could form the basis of a civil award where the burden of proof is not as high as in a criminal proceeding.

This troubling trend toward concealment, it seems to me, had its birth during last year's massive violation of Charter Rights during the G20, when police regularly and quite arbitrarily abused, assaulted, and arrested over 11000 people. Despite investigations, the force, due to a strange collective memory loss, was unable to identify the perpetrators of these abuses, with the exception of one officer.

And that penchant for secrecy and concealment continues to this day. For example, after the recent Caribbean Carnival Parade shooting, it took three days for the SIU to release the name of a man who was shot and killed, initially stating that

officers had “discharged their weapons’’ in the incident, with spokesman Frank Phillips later adding in an interview that cops had “interacted’’ with three men prior to the fatal shooting.

The use of euphemisms is never an encouraging sign, given that they are more often than not used to conceal some unpleasant truths; in this case, “discharged their weapons” and 'interacted' were apparently deemed good substitutes for the less palatable, but more accurate fact that the deceased was shot and killed by the police.

The latest instance of police action resulting in death came yesterday, when a handicapped 46-year-old man, Charles McGillivary, out for a walk with his mother, was tackled by police, went into cardiac arrest, and died. As reported in today's Toronto Star, the SIU says that  
police officers were conducting an investigation in the neighbourhood before McGillivary’s arrest.

The release said McGillivary collapsed after a “physical interaction” during the arrest. The SIU did not respond to a request for an interview.

The need for careful inquiry into each instance of possible police wrongdoing is paramount, yet you will notice that not one word as to the nature of this investigation, nor why a handicapped man was targeted, is offered here.

My question, however, is a simple one: Why is the public's right to know exactly how our police forces are conducting themselves being thwarted, it seems, every step of the way by an increasingly secretive, uncooperative and truculent constabulary?

Thursday, July 21, 2011

Police Facial Recognition Skills Continue To Decline

Whether it is a food, air, or water-borne virus, or a strange and hitherto undocumented brain condition, there is no question that police facial recognition skills are declining, calling into question their ability to accurately testify in criminal cases.

Perhaps the most public example of this dysfunction was evident in the case of Adam Nobody, the young Toronto man who was viciously assaulted by Toronto Police during last year's G20 Summit in Toronto. Despite the fact that he was swarmed by up to 15 officers, only one, Const. Andalib-Goortani, has ever been charged, the rest of the officers apparently unable to identify other colleagues who took part in the assault.

The affliction's latest known victims are members of the Hamilton Police Service who took part in a botched drug raid in May of 2010. Having broken into the wrong apartment (perhaps number recognition failure is a symptom of the disease's progression?) in their efforts to arrest a 36-year-old black cocaine trafficker, (colour-recognition problems?) they instead arrested a 5-foot-7, 130-pound 59-year-old refugee from Burma, Po La Hay, who wound up with facial lacerations, three broken ribs and a fractured vertebra.

As reported in today's Hamilton Spectator, Hay was the key witness Wednesday at the opening of the assault causing bodily harm trial of Hamilton police officer Ryan Tocher, who has pleaded not guilty. Despite Hay's testimony that he had been kicked in the ribs two or three times, and despite the fact that five officers were in the kitchen where the beating took place, no one seems to be able to identify Tocher as the assailant.

I can only hope, for the sake of peace, order, and our security, that Canada's best medical minds are currently and urgently researching this terrible malady that seems to be targetting our boys and girls in blue.