Showing posts with label police abuse of authority. Show all posts
Showing posts with label police abuse of authority. Show all posts

Saturday, May 7, 2016

Measuring Democracy



One of the concerns that has motivated me throughout the years I have written this blog is public accountability. Far too often, whether examining politics at the federal, provincial or local level, it is evident that public accountability, when it occurs, is often an afterthought, not a prime mover of our overlords. It is safe to say, I think, that ours is not a particularly healthy democracy, given that secrecy, obfuscation and misdirection far too often seem to prevail.

This proclivity seems to be the default position of those who govern us, and unfortunately, like the metaphorical disease that it is, it spreads and infects an array of institutions. This is egregiously evident when one looks at policing.

I have written extensively about the abuses of police power on this blog, and despite the fact that it happens with alarming regularity, there is little evidence that the police culture of secrecy is changing, given that it is aided and abetted here in Ontario by both Kathleen Wynne's government and the Special Investigations Unit (SIU), which is called in every time a police action results in either injury or death.

Because there are limits to even what I can endure psychologically, I have refrained from writing about the situation of Andrew Loku, a mentally ill man who was shot dead by police less than a year ago for allegedly wielding a hammer at his housing complex. The SIU report, as per tradition, remains a secret, even to the family of the deceased. All we are allowed to know is that the investigation exonerated the police from any wrongdoing.

Given the reactive nature of the Ontario government, a topic about which I wrote yesterday, it tried to placate public fury over the killing and subsequent secrecy by releasing part of the SIU report, a move that satisfied no one. It was truncated and heavily redacted.

The following letters from Star readers are ample testament to both the inadequacy of the report and the failings of our democracy:
Censored report raises more questions, April 30

Some 74 per cent of this report is secret. This abuses the very basic platform of transparency. The 26 per cent transparency shows how little respect for the voter the government really has. When public trust is bankrupt, remediation is needed.

I suggest that all such reports be made public within three months of receipt, the timetable verified by the Ombudsman’s Office. The report will contain no redactions that have not been approved by an independent council of legal experts and voters and shall be housed at arms-length in the Office of the Attorney General.

It is a sad day when I pick up the Star to learn that once again I’ve been blindsided by politicians “committed” to transparency. It’s a vote of no confidence by the politicians of the people. Public trust has never been so … redacted.

Don Graves, Burlington

The abbreviated Special Investigations Unit report into the death of Andrew Loku is surely in its current form an insult to the intelligence of the people of Ontario. Here we have the attorney-general’s office hiding behind the convenient excuse that deletions are “a result of privacy and safety constraints as well as legal requirements,” delivering what is essentially a “nothing report” and no doubt keeping fingers crossed that the public will accept the whitewash.

Well, it is high time this government learned that we have had enough and that we want, no, we demand, answers. Too many men have died at the hands of police and it is time to put an end to the SIU charade that presents itself as the arbiter of an impartial judicial report.

So, what is going on? Is it Queen’s Park or the police union that is preventing us from learning what really happens when shootings occur? Or (perish the thought) are these two bodies in on the act together?

It is difficult to think of any other group that would seek to keep SIU reports confidential and it is long past time for decisive action. In such crucial issues the public has a right to know exactly what is going on.

Are you listening, Premier Kathleen Wynne and the Liberal government?

Eric Balkind, Ontario

The release of the SIU report into the death of Andrew Loku provides very little information that we don’t already know thanks to the daily reporting by the Star. The hiding of 34 pages of the report simply indicates that nothing has changed. We are left in the dark on key issues surrounding Loku’s death.

I continue to be amazed as to why a political party that has just won an election all of a sudden forgets that it should be reflecting what the vast majority of the people want and deserve. Instead, these Liberals ignore legitimate requests as is the case is here.

There is a strong need to know exactly how, why and by whom a man’s life was taken. This should not be a secret society. Who can possibly be against shining a light on terrible events?

Al Truscott, Collingwood

Once again the dysfunction of our democracy to police the Toronto police is clearly demonstrated. The systemic problem of our democracy is evident when the civilian elected officials and appointees are co-opted by the secret system of policing to preserve its bad practices.

It’s not enough for the Star to demonstrate in its pages regularly the secrecy concealing the truth about one case – the problematic shooting of Andrew Loku and its subsequent cover-up.

Citizens, who are the many, who won’t or can’t administer their police, who are the few, have no right to claim that they are a democracy. Shame on us.

Tony D’Andrea, Toronto

Monday, April 18, 2016

I'm Just A Poor Boy, Nobody Loves Me

That famous line from Queen's Bohemian Rhapsody might have been the inspiration, and is certainly the subtext, for James Forcillo and his lawyer's pleas that poor baby James be allowed to serve whatever sentence is passed down to the killer of Sammy Yatim as house arrest.


The officer’s acquittal on a charge of second-degree murder means his use of lethal force was justified and the mandatory minimum penalty he faces is grossly disproportionate to his conduct, his lawyers argue in written submissions filed in Ontario Superior Court.

“The moral culpability of the applicant [Constable Forcillo] is at the lowest end that can be reasonably contemplated for an attempted murder conviction and there was no attendant harm to Mr. Yatim,” writes lead defence lawyer Peter Brauti.
In analyzing the verdict and the actions of Constable Forcillo, his lawyers maintain that it is not appropriate to impose a prison sentence. “The logical and legal effect of the jury’s verdict is that they accepted it was reasonable and necessary to kill Mr. Yatim,” states Mr. Brauti. “The second volley did not accelerate death in any way; it had no meaningful impact on Mr. Yatim’s health and it was incapable of causing Mr. Yatim any pain,” he adds.

Constable Forcillo’s lawyers also intend to appeal the actual verdict, but can not do so until after the sentencing.
Incidentally, unless he goes to jail, I assume Forcillo will continue drawing his police salary, as he is now.

Since I started with Queen lyrics, I'll end with them too, again from Bohemian Rhapsody:

Essy come, easy go, will you let me go?
Bismillah! No, we will not let you go. (Let him go!)
Bismillah! We will not let you go. (Let him go!)
Bismillah! We will not let you go. (Let me go!)
Will not let you go. (Let me go!)
Never, never let you go
Never let me go, oh.
No, no, no, no, no, no, no.
Oh, mama mia, mama mia (Mama mia, let me go.)

Come to think of it, the entire song seems applicable to Forcillo:




Not An Obsession



Looking at the sidebar that lists the tags on my blog posts, I see I have written well over 100 entries on the police, most of them dealing with their abuse of authority; some of those abuses include the murder of unarmed or barely armed people, others the senseless beating of people. All of them attest to a constabulary, whether Canadian or American, out of control and contemptuous of any efforts to bring them to accountability of justice.

Some might say I am obsessed with the topic, but they would be wrong. What I think I am obsessed with is the desire for fairness and justice and an utter and complete contempt for those who abuse their power and authority.

Here in Ontario, that abuse is rampant, and true accountability is rare. The responsibility for such a sad state of affairs resides largely with the provincial government.

Governments seem loathe to incur the ill-will of those sworn to protect and serve us. With their 'us against them mentality,' the police have proven to be formidable forces to fear when politicians and other prominent people incur their wrath.

Legislators are failing us, and it has to change.

Consider, for example, the secrecy that surrounds SIU investigations of police actions. When their investigations are complete and they exonerate, as they almost always do, police officers who have either beaten, shot or killed a person, the public is not allowed to know the basis for exoneration, the names of the officers involved, or anything else that might provide an inkling of how the investigatory body reached its conclusion. What I didn't know until the other day is that such secrecy is not mandated under the Police Services Act.

As revealed in The Star,
the report prepared by the director of the SIU, the agency that probes deaths, serious injuries and allegations of sexual assault involving police in Ontario, goes straight to the desk of the Attorney General — and nowhere else.

The Police Services Act, the law that governs the SIU, says the watchdog’s director must report the results of investigations to the Attorney General. It doesn’t state the reports cannot be sent elsewhere or made public.
So what is stopping a wider release of SIU reports?
The spokesperson for Attorney General Madeleine Meilleur [says] the reports contain information protected under the Freedom of Information and Protection of Privacy Act, “including information relating to affected persons (e.g. persons seriously injured), witnesses and officers under investigation.”
According to Brian Beamish, Ontario’s Information and Privacy Commissioner, this is a bit of an evasion:
“While the name of a police officer who has been the subject of an investigation by the Special Investigations Unit (SIU) would likely be personal information, there may be circumstances of significant public interest where the SIU may disclose the name or other information associated with its completed investigations for the purposes of fostering accountability and public confidence in police services, and ensuring transparency in its operations,” Beamish told the Star in a statement.
While public consultations will soon be announced by the Wynne government into Ontario's police oversight mechanisms, there really is nothing that exists in current legislation to either encourage or prevent much greater public accountability and scrutiny right now.

The bright light of public scrutiny is something the police themselves seem to fear, and while our political 'leaders' allow themselves to be bullied by our public 'protectors,' horrible situations like the killing of Rodrigo Gonzalez at the hands of police will continue:



Clearly, the dire situation demands strong, unambiguous and immediate remediation.

Sunday, April 10, 2016

Policing: A Contrast In Methodologies

We've all seen the videos depicting the murder of Sammy Yatim at the hands of Toronto police officer James Forcillio. Although Forcillo has been held to partial account for his foul deed, most realize, I think, that things didn't have to end the tragic way they did.



And with new and disturbing allegations of police misconduct being perpetrated against the family of Alex Wettlaufer, the public has every right to be gravely concerned about a constabulary that appears to regard itself as a sovereign power, meting out punishment and death at will with little or no real oversight or control.

But it doesn't have to be that way. The Toronto Star carries a story contrasting the execution of Yatim with the far more measured approach of an Ohio police officer, Joshua Hilling who, despite immediate peril, fires his weapon only once on knife-wielding suspect Javier Aleman and pleads with the suspect to drop his weapon in a protracted encounter that speaks so well of him. Unlike Forcillo, Hillman sought to deescalate the situation in order to save Aleman's life.



You can read a full analysis of the differences between the Yatim and Aleman cases in how the officers handled the situation here. One can only rue the fact that someone like Officer Hilling was not present when Sammy Yatim had his crisis. Had he been, the odds are that the young man would still be very much alive today.

Saturday, April 9, 2016

Are The Toronto Police Re-Victimizing The Family Of Alex Wettlaufer?



I cannot imagine the ongoing pain that the family of Alex Wettlaufer is experiencing. Less than a month ago, 21-year-old Alex was killed by police under suspicious and troubling circumstances, details of which will be withheld from the public for up to a year as the SIU carries out its investigation.

However, the loss of a young family member may not be the only grief the family is currently experiencing. According to an anonymous message I received last night, the police are compounding that pain in ways which, if true, offers us a deeply troubling and frightening insight into a force that may be totally out of control.

It is common knowledge that when the police feel in any way threatened, either by the courts or by individuals, they make their intimidating presence felt. Their past harassment of former Toronto Police Services Board Chair Susan Eng and an array of civic representatives attests to the long and vindictive memory of the Toronto Police. And when their own credibility is on the line in court cases, a wall of blue dominates and intimidates witnesses and lawyers.

I cannot attest to the veracity of what follows, but this anonymous source brings forth allegations so disturbing in nature that they surely merit further investigation.
I have heard so much about this incident from a friend I've known for 20 years, who themselves has known the family for decades, and watched all the kids grow up. Details that DO NOT match up with what is being reported.

Alex was only dropping his girlfriend off at the subway, because he didn't want her walking there at night by herself. Afterwards he took the usual shortcut home along the ravine, as many of the kids from the neighbourhood have for generations. It would seem this was a case of mistaken identity, and Alex died because of this mistake! The family was told he was shot by 3 different officers after the autopsy was complete. And the strangest part... the cellphone he was using to call his family when he was shot was apparently NOT recovered by the police!

And to add to this bullshit, the family home has been raided, not once but twice. Three of Alex's siblings have been arrested and charged for things like mischief and threats because of angry posts on Facebook. The raids were conducted under the pretense of looking for drugs and weapons, but of course nothing was found. The family is scared, as they are being harassed by the police to the point that they are afraid to say anything.

These details should be all over the media, and it pisses me off so much to hear what this poor family is going through because the police made a mistake and are making their life a living hell to save their own asses! Now I can't speak to the veracity of any of these details, as we all know how personal bias can change things that are said as they are shared between people, but something is definitely not right here. The travesty of this incident and the subsequent actions by the police should be all over the news.

This is much worse than the Yatim shooting if the police are truly guilty here. It makes me so sick thinking the police will likely get away with this shooting.
I have urged my anonymous correspondent to take the appropriate measures to ensure that these allegations get a full and very public investigation.

Friday, March 18, 2016

Saying Goodbye To Alex For Up To One Year


.

Maybe it has something to do with the fact that I was a teacher for so many years; maybe it is because I have been a parent for even longer. But the fact is, I cannot get the killing of Alex Wettlaufer out of my mind. Unfortunately, however, although I will be thinking of him, I doubt that I will writing anything more about him for up to as much as one year. That is how long we may have to wait for the results of the SIU 'investigation' into his death at the hands of the Toronto police.

As reported in yesterday's Star, the only paper, by the way, that seems to be showing continued interest, the deeply flawed Ontario Police Services Act says
officers “shall not, during the course of an investigation by the SIU into an incident, disclose to any person any information with respect to the incident or the investigation.”

The regulation is intended to ensure the integrity of the independent investigation, but some critics say it creates a situation where the public is left in the dark about a high-profile issue, often for months at a time.
This means, according to the SIU, that
it cannot reveal whether Wettlaufer was armed because the investigation is ongoing. The vital piece of information may not be provided until the probe is completed, a process that typically takes several months, or up to a year.
In other words, there will be no information forthcoming on anything that will either confirm or refute growing public suspicion that another Sammy Yatim tragedy has occurred, nothing to suggest that people needn't be increasingly fearful of a force that is sworn to protect and serve them.

The Wettlaufer family, which hotly contests the suggestion that Alex was armed, is not willing to wait for this drawn-out and inexcusably long process to play out.
They are now hoping to find a lawyer to help obtain any surveillance video that may have captured parts of the incident, Timothy [Wettlaufer] said. They want to obtain as much information as possible that could help explain how his “soft-hearted” brother wound up fatally shot by police.

The family is hopeful TTC cameras may have captured some of the initial altercation, which began near Leslie station. However, Timothy said he is concerned there may be little independent evidence — such as witness accounts or video evidence — from the dark ravine where the shooting occurred.
From the broader community, there have been calls for much-need reform to the act that is preventing the release of any information:
Darryl Davies, a criminology instructor at Carleton University, said the province should consider changing the Police Act, currently under review by the ministry of community safety. Davies says there is far more information about fatal shootings when they don’t involve police, and that’s not they way it should be.

“There is no justification for treating the cases differently. In fact one could argue that because the shooting is by a person employed, trained and paid by a government entity that there should in fact be more transparency and not less,” Davies said.
Even some police are frustrated by the constraints of the act:
Mark Valois, a former Toronto Police officer and retired use-of-force training officer, said the legal gag-order ... can be “very frustrating.”

“Absolutely there’s times when things happen, and things are hitting the news, there’s rumours and you might read something and say, ‘that’s not what happened, but I can’t say anything,’ ” he said.
Secrecy inevitably invites suspicions of coverups, sanitization of facts, the illegal fabrication of police notes and the development of 'plausible deniability.'

So goodbye for now, Alex. You may be tragically gone, but you are not forgotten.

ONE FINAL NOTE: The gofundme campaign to raise funds for Alex's funeral is ongoing. So far 29 people have contributed just under $1700. Should you care to lend a helping hand to the family at this very difficult time, please click here.

Wednesday, March 16, 2016

UPDATED: More On Alex Wettlaufer, Toronto's Latest Young Person Killed By Police

If we are given to even modest introspection, it seems inevitable that the longer we live, the more we develop an increasing appreciation not only for the wonder of life but also its shortness and fragility. The older we get, the more we are witness to a parade of people who enter and leave our orbits, sometimes by choice, but more often by the cold fact of mortality. The exits that hurt us the most, of course, are of those we have known and loved. Yet the latter represent only a minute part of the larger human experience, but if we watch, listen and read carefully, even those we don't know touch us in some ways. I feel that way about Alex Wettlaufer, the young man killed Sunday night by Toronto police, about whom I wrote yesterday.



Unlike his friend Sammy Yatim, who met the same fate as he did, Wettlaufer will likely not occupy a large part of public consciousness, owing to the singular absence of video documenting his demise. I suppose that is why there was absolutely no followup on last night's news; the media were consumed instead by the attack on two soldiers by Ayanle Hassan Ali at a recruitment centre, an attack that Toronto Police Chief Mark Saunders was only to happy to hold a press conference about, despite the usual official reticence 'because the investigation is ongoing.' Silence thus far is the only official response to the killing of Alex.

But one media outlet has not forgotten the young man whose life was so cruelly cut short. Today's Toronto Star, in a solid editorial, bears witness to that life and discusses, as I tried to do yesterday, the implications of his death. I am taking this opportunity to reproduce the entire piece, one that I hope you will read:
Another police shooting can’t be brushed aside

We’ll have to wait weeks or months for the official version of what exactly went down late Sunday night in a park in North York. But even before all the facts are known, there are serious questions about the circumstances surrounding the death of Alex Wettlaufer.

He’s the 21-year-old man who was shot dead by Toronto police just before midnight on Sunday. The province’s Special Investigations Unit (SIU) is on the case, so the usual veil of silence has been drawn over the incident.

But this much is known: Police say they had “preliminary information” that two men were fighting at the Leslie subway station and one of them had a gun. Investigators say one man fled into the nearby park. There was a confrontation with police, and Wettlaufer was fatally shot.

Wettlaufer’s family, however, tells a very different story. They describe him as a quiet man with a full-time job whose ambition was to join the military. His mother, Wendy, says he was on his cellphone in the park, talking to a family member, at the moment he was shot. “He was crying, saying that he’s being surrounded,” she told CP24. “They kept telling him to put the weapon down, and he kept hollering telling them he didn’t have a weapon.”

Did Wettlaufer have a gun? Or did police mistake his cellphone for a weapon? These are among the questions that SIU investigators, who look into all deaths involving police, must try and answer amid the disturbing claims from Wettlaufer’s family.

Without video or other independent evidence, though, they will have to rely mainly on the version provided by police themselves. Wettlaufer cannot give his side. And in the wake of the Sammy Yatim shooting, many people will be understandably skeptical of the story told by police.

Yatim’s death in 2013 was captured on video from multiple angles. It showed a Toronto policeman, Const. James Forcillo, shooting Yatim eight times on an empty, stopped streetcar. In January, Forcillo was convicted of attempted murder – but there’s little doubt that without the video evidence he would have gone free. That’s what happened with every other officer charged with murder or manslaughter.

Ironically, Wettlaufer attended the same school as Sammy Yatim and they were said to be friends. The public was shocked by Yatim’s death because the video showed conclusively that it simply didn’t have to happen. He was trapped alone on the streetcar and there was no good reason to shoot him. Chief Mark Saunders himself acknowledged at the time that his force had lost public trust.

After that, Torontonians are in no mood to quietly accept the death of yet another young man in questionable circumstances. His shooting is another argument for all officers to wear body cameras, so there would be independent confirmation of how the confrontation developed.

In the absence of that, the public will expect a thorough investigation that does not take the official explanation at face value.
Doesn't Alex Wettlaufer deserve to be remembered by all of us, not just his devatated family and friends?

UPDATE: There is a gogundme campaign to help cover Alex's funeral. If you might be interested in contributing, please click here.

Tuesday, March 15, 2016

Now Sammy Yatim's Friend Has Been Killed By The Police

I have long held to the belief that had there been no video evidence, there would have been no charges, no trial and certainly no conviction of James Forcillo in the police murder of Sammy Yatim. The well-know blue line would have made sure of that. I cannot help but wonder if we will see that alternative reality play out in the latest Toronto police killing, this one, eerily, of Sammy Yatim's friend, Alex Wettlaufer.

While it is still very early in the investigation, and I am very mindful of the pitfalls of jumping to conclusions, what I have read and seen thus far is not encouraging, and I am left with a sadness over the loss of another young person, this one but 21 years old. Here is what we know so far:
The incident began just after 11:15 p.m. Sunday, when officers arrived at the Leslie subway station at Leslie St. and Sheppard Ave. E. to investigate reports of a fight between two men. Toronto police tweeted late Sunday that one of them had a gun.

Investigators say one of the men fled to the nearby park, where there was a confrontation with Toronto police, including members of the Emergency Task Force, that resulted in police fatally shooting Wettlaufer. At 11:34 p.m., paramedics were called to the scene. They transported the man to Sunnybrook Health Sciences Centre, where he was pronounced dead.

Ontario’s Special Investigations Unit (SIU), which probes incidents of death, serious injury and allegations of sexual assault involving police, was called in early Monday morning to investigate. SIU spokeswoman Jasbir Dhillon said the probe is still in the early stages, and investigators cannot yet say if Wettlaufer was carrying a gun.

It’s part of the investigation, whether or not he was carrying a weapon,” she said.
That last line, to which I have added emphasis, raises questions. In most early investigations, whether a weapon was found is part of the basic information released to the public; given the egregious incompetence of the SIU, about which I have written many times, I have no confidence the truth will necessarily emerge.

As well, if police insist that he had a gun, will forensics tests be done to look for gunpowder residue to determine if it had been fired? If none is found, or he did not have a gun, how will the police explain killing him? Will we be given the kind of contemptuous lie that likely would have been given about Sammy Yatim had there been no video evidence, i.e., that he was lunging at police, menacing them in such a way that they had no choice? If so, I think we would be fools to uncritically accept such self-serving pap.

Perhaps some truth can be found in the news reports carried on local television.

In this first video, you will hear the shots fired by the police. There is no indication that they had been fired upon:



Here is Alex's sister:



Other family members are also speaking out:



Given the contempt for transparency that many police services seem to be showing these days, we, the public, have every right to be asking hard questions and demanding answers and accountability. I make no apologies for my own cynicism and suspicions.

For a parting context, perhaps the final word for today should be given to Lilieth Rankine, a neighbour who knows the family well:
“He’s a good kid, went to school, finished school,” she said. “I don’t get it . . . What happened? Can you imagine what the community is going through?”

Monday, February 22, 2016

UPDATED: The Police - Reluctant Learners In Our Midst

In many ways it is regrettable that the police apparently are not Spiderman fans. If they were, perhaps they would understand an early and painful lesson learned by Peter Parker, his alter ego: With great power comes great responsibility.

Unfortunately, some police seem to love the power, but want nothing to do with its responsible discharge, as my many posts on their abuse of authority attest to. In fact, when it is pointed out to them, they get downright outraged. Consider, for example, how they have gotten their kevlars in a twist over Beyonce's Superbowl half-time performance. (Start at about the 1:40 mark on the video.):



Whereas you and I might see an energetic celebration honouring and extolling black culture, police unions see a threat to their authority and respect, so much so that they are urging their members to boycott her upcoming concerts by refusing to provide security. To their credit, Toronto police are refusing to take part in such a boycott.

Looking deeply into the mirror to see one's shortcomings is never a pleasant experience, and having those shortcomings pointed out by others seems intolerable to some members of the American constabulary. To be reminded that Black Lives Matter by an impertinent songstress and her troupe, adorned in costumes recalling the black power movement, is more than these sensitive souls seem able to bear.

All of which inspired a spirited piece by Rosie DiManno in today's Star. She begins with these sobering facts:
People killed by the six law enforcement agencies that operate within Miami-Dade County: 14.

Seven were black. Five were Hispanic.

One of the victims was 15 years old.

The first Miami-Dade Police fatality — Feb. 15 — was a bipolar schizophrenic who swung a broom handle at officers. In a July fatal shooting by a Homestead officer (also within Miami-Dade), the same cop had shot and killed two other suspects since 2005 in separate incidents.
In each instance, officers claimed they feared for their lives.

Being a police officer seems to mean never having to say you're sorry. Indeed, it appears that their best defence is a strong offence.
... union president Javier Ortiz has called for a boycott of Beyoncé when the hitmaker kicks off her upcoming world tour in Miami on April 27, already sold out.

Ortiz slammed Beyoncé for her purported anti-police messaging — in a country where, according to comprehensive yearlong tracking by The Guardian into use of deadly force by police, 1,134 black individuals died at the hands of law enforcement in 2015. Despite making up only two per cent of the total U.S. population, African-American males between the ages of 15 and 34 comprised more than 15 per cent of all police-involved death logged by the newspaper’s investigation. Their rate of police-involved deaths was five times higher than for white men of the same age bracket.
Move along. Nothing to see here seems to be the uniform response to such statistics.
...a lot of cops — or at least their union leaders — are jumping on the trash- Beyoncé bandwagon, claiming, on zero evidence, that such populist messaging threatens police lives. Of course, that’s the shut-up admonition they’ve always employed when confronted by perceived enemies of the thin blue line, notably against hip-hop and rap artists they’ve vilified, but more generally against any individual or group that challenges their authority.
Meanwhile, despite the fact that policing is not even listed in the top 10 of dangerous professions as determined by U.S. Bureau of Labor Statistics,
the National Sheriffs’ Association [blames] Beyoncé for four officer deaths last week. And a Tennessee sheriff who held a press conference after shots were fired near his home claimed Beyoncé’s video may have been partly responsible.
All of which may strike many as self-serving rhetoric from an institution that seems to lack any capacity for introspection and self-criticism.

Contrary to what some may think, I am not anti-police. What I am vehemently opposed to, however, is unbridled power that feels it should be answerable to no one.

UPDATE: Many thanks to Anon for providing this link to a Guardian database tracking people killed in the U.S. by the police. Accompanying pictures of the victims are quite revealing.

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

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

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.

Thursday, January 14, 2016

Those At The Top Just Aren't Doing Their Jobs - Part 2

Continuing with the theme of my previous post, another institution whose leadership frequently fails the public that it is sworn to protect and serve is that of law enforcement. Stories abound of police abuse of their authority, and yet it seems increasingly rare to see a public accounting for that abuse.

While the 2010 Toronto G20 Summit is probably the worst example of unaccountability in recent memory, with the man the at the top, Bill Blair, accepting no responsibility for the terrible violations of citizen rights that took place, there is a plethora of other, less dramatic cases that seldom see the light of day. A recent Toronto Star investigation revealed some disturbing facts about widespread concealment of police misconduct:
A Durham cop was caught on video threatening to beat up a man and plant cocaine on him, behaviour that prompted a Superior Court judge to say the officer “committed several criminal offences in the course of his duties.”

A Toronto officer refused to help his partner arrest an off-duty cop for drinking and driving.

Seven Ontario Provincial Police constables made fake notebook entries claiming they were conducting a RIDE check to catch drunk drivers when they were really hanging out at Tim Hortons.

All of these officers were disciplined under a secretive informal process that is supposed to be used only for cases that are not of a serious nature, an ongoing Star investigation has found. Critics say this is serious misconduct that should have been aired in a public hearing.
This bizarre culture of concealment means that for the most part, the offenders' names and actions are kept from the public, and after two years of good behaviour, the misconduct must be scrubbed from the offending officer’s employment record, according to the Police Services Act, which governs policing in Ontario.

Like the officials profiled in Part 1, the people at the top have much influence over what is concealed and downplayed, thereby distorting the public's perception of both the force and those at the top of that force:
Under Ontario’s Police Services Act, a chief can choose to handle a discipline matter through informal resolution if she is of the opinion the misconduct “was not of a serious nature.”
Although these 'in-house' proceedings are meant to deal only with minor matters, the record reveals they are used to hide some pretty serious matters, with the Peel constabulary having a rather unenviable record:
In the last five years alone, 640 Peel officers — roughly 30 per cent of the force — have been sanctioned under the secretive system, some multiple times. The OPP, a force three times the size, informally disciplined almost the same number of officers over that time period.
While the police insist on the efficacy of these tribunals, the glaring and uncomfortable fact is that names and offences are kept secret, thereby obviating the crucial component of public accountability.

The Star investigation lists numerous examples of misconduct dealt with secretly, but this video of Constable James Egdon is perhaps emblematic of how serious transgressions can be swept under the rug:

In a 2015 decision, a Superior Court judge ripped into Const. Ebdon’s conduct, calling it “reprehensible.”

“The evidence establishes that Constable Ebdon committed several criminal offences in the course of his duties,” Justice Laura Bird said in her decision.

“Const. Ebdon showed a staggering lack of appreciation for the seriousness of his conduct. Perhaps that is not surprising in light of the fact that the only penalty that was imposed on him by the Durham Regional Police Service was the loss of 24 hours pay.”

Because he was disciplined informally, Ebdon’s misconduct wasn’t required to be disclosed in a court case where he testified as an officer — a fact the judge called “concerning.” Durham police will not publicly discuss Ebdon’s case.

The final word goes to Alok Mukherjee, former chair of Toronto Police Services Board.

During Mukherjee’s tenure on the police board, which provides civilian oversight the Toronto force, he said groups of officers were informally disciplined for removing their name tags during the G20 and turning off their in-car cameras — what he calls serious offences that undermine police accountability and integrity.

“My fear is that an impression is created that the discipline is not serious,” he said. “The next person who does that (misconduct) will act knowing that his matter is not serious.”

As I titled this post, those at the top just aren't doing their jobs.

Sunday, January 3, 2016

Remembering Sammy Yatim

To listen to James Forcillo, the Toronto police officer who shot Sammy Yatim eight times as the knife-wielding teen stood inside an empty streetcar, he had no choice but to kill him:
"If I had done nothing, he would have stabbed me," Const. James Forcillo said at his trial, being held in front of a jury in Ontario Superior Court. "If I had waited for the Taser, he would have been off the streetcar. He forced my hand. He was the one who decided to come forward."
If you have watched any of the video of that fateful night (available on this blog), you will likely find that a difficult defence to accept, especially given the distance that separated Yatim and Forcillo. Was there a better way to have handled the situation? A recent machete attack in Toronto that was stopped by two unarmed security guards suggests there was:


The security guards in the above say that they were just doing their job. It's a pity that the Toronto police seem to have an entirely different way of looking at their positions. It is a perspective that has raised the ire of some Toronto Star readers:

Re: Security guards were just doing their jobs, Dec. 26

Please help me to understand this situation. On Dec. 23, an unarmed security guard was willing and able to risk his life by tackling and disarming an apparently agitated, machete-wielding man who had already injured an apparently innocent passerby.

In contrast, early in the morning of July 27, 2013, one Toronto Police Service officer fired multiple rounds into a knife-wielding man who had harmed no one, and another TPS officer deployed a taser on the recumbent, mortally wounded man.

Three questions: First, why is the TPS failing to train its officers as well as the security company seems to have trained its guards?

Second, why is the TPS failing to recruit officers who are apparently as brave and resourceful as this security guard and his partner demonstrated themselves to be?

Third, if the TPS had attended at the incident on Dec. 23 would we now be facing another scenario in which an accused person never had the opportunity to stand trial for the charges against him?

Edward Bricknell, Toronto

There is an important lesson to be learned from the recent incident near the Eaton Centre, where a man wielding a machete and a hunting knife was successfully disarmed by two security guards.

It would have been easy for them just to call the police, but the situation required immediate action to avert any further danger to the public. The security guards followed their training and immediately resolved a volatile situation that could have resulted in many more casualties.

This should be a salutary reminder to law enforcement officers when dealing with armed assailants. The use of a lethal weapon to resolve such situations must remain an option, but only as a last resort, not a first response.

Keith Spicer, Oakville

The headline says it all about Nathaniel McNeil, the unarmed security guard who tackled a machete-wielding man near the Eaton Centre. How many times have the Toronto police encountered a knife-wielding person (often mentally ill) who ends up being shot and killed. Perhaps the Toronto police should follow the example and/or learn from these security guards.

J.G. Wong, Toronto

So a security guard is able, with his bare hands, to disarm a machete-wielding lunatic who had attacked an innocent bystander, yet Constable Forcillo, flanked by members of his force, felt it necessary to pump 8 bullets into Sammy Yatim despite the fact that no citizens were at risk.

What a coward.

Michelle McCarthy, Toronto

You can read the rest of the letter here.

Thursday, November 26, 2015

Fear And Loathing



I remember very vividly when I was a young fellow how much the police seemed to be a part of the community. When I was in high school, I had a weekend job in a restaurant that often saw me walking home about 2 a.m., and more times than not I would see an officer walking the beat; to exchange brief nods of hello was not unknown. Since then, much rhetoric about community policing notwithstanding, it seems that police, ensconced in their cruisers, hidden away by body armour and increasingly presented as a paramilitary presence, that connection with the community seems to be quite frayed and in many instances lost.

Today, it would seem, police in many jurisdictions seem more intent on stilling fear than in inculcating trust. Says Michael Spratt, a Canadian legal expert,
"... there’s no question that Canadian police sometimes look more like post-apocalyptic military mercenaries than protectors of the peace. Our police services have been acquiring more and more military toys — a dangerous trend that’s gotten little in the way of critical analysis in the mainstream media."[16]

Growing numbers of Canadian police agencies have acquired armored vehicles in recent years.[17] In 2010 the Ottawa Police Service bought a Lenco G3 BearCat armored personnel carrier for $340,000, which has "half-inch-thick military steel armoured bodywork, .50 caliber-rated ballistic glass, blast-resistant floors, custom-designed gun ports and... a roof turret."[18]

The G20 protests in Toronto in 2010 showed that the militarization of protest policing is not only occurring in the United States. Police used a sound cannon, or Long Range Acoustic Device (LRAD) -- a weapon that was developed for use in conflicts in the Middle East, as well as barricades, pre-emptive arrests and riot units.[19]

The Lenco BearCat Armored Personnel Carrier
According to Kevin Walby, an assistant professor of criminal justice at the University of Winnipeg, "the more interesting aspect of the militarization of the police is actually on the strategy side"; police are "increasingly training with military-style tacticians, especially when it comes to situations like crowd control and, increasingly, surveillance."[20]

And yet police seem deeply offended that their motives are increasingly being impugned as more and more stories of their abuse of citizens emerge, and it becomes increasingly evident that those who should be controlling them, police services boards, are rarely showing the backbone to challenge their thuggery.

The authorities will just have to learn to live with public criticism and condemnation. As the following two letters from The Star make clear, it is wholly justified:

No excuse for violent police assault, Letters Nov. 23
Unfortunately this result of interaction between police forces and the public is becoming increasingly prevalent – perhaps a direct result of the justice system’s seemingly complacent attitude towards it. It is further aggravated by a change in attitude amongst the police forces with respect to the image they choose to project.

In my youth a typical police officer was neatly dressed, clean shaven and noticeably respectful of the public they served. I can point to the police force serving my community as an example of the changes made to that image. Their staff, both civilian and constabulary seems to have been infused with an attitude of disdain for the public.

The officer of my youth has been replaced with an outwardly authoritarian figure sporting one of those closely trimmed “macho” beards to augment his display of tattoos. No longer is he dressed down, but openly displays his array of offensive weaponry topped off with body armour portraying an image of intimidation and fear rather than being ready to be of assistance.

Disappearing are the white cruisers with red and blue identification; replaced by black and white vehicles – again with the connotation of intimidation. The supposedly “unmarked” vehicles are dark gray “muscle” cars complete with deeply tinted windows and black rims. All this helps to instill an image of fear of the police in the public’s eye and I believe that is exactly what is intended.

Some serious training in public relations would certainly seem warranted. The phrase “respect must be earned” was never more appropriate.

Don Macmillan, Oakville

The video of this incident was brutal as well as shocking. The police, whose motto is “To serve and protect,” are doing neither. Three officers are seen punching a defenceless man who is face-down on the ground. They continue their assault as the victim pleads with them to stop, to no avail.

In the end, the man is placed in a cruiser for a time, then released without any charges being laid.

This incident is not being investigated by the SIU because there were no “serious” injuries incurred by the victim.

These officers are emulating some of their American counterparts who have been seen on video shooting a fleeing, unarmed man in the back, and choking another unarmed man, to name a couple of similar instances of police brutality.

If three citizens assaulted someone in this manner, they would be charged and jailed. Because this involves police officers, it will probably be “swept under the rug.”

Already the police are preparing for this process by refusing to release the names of those officers who were involved.

Warren Dalton, Scarborough

Tuesday, November 3, 2015

Sometimes, All We Can Do Is Bear Witness

What is the truth about Don Dunphy? I don't know. But his story is surely worth sharing, given the terrible abuses of police authority that have been so much in the news these past several years. At the very least, a full and open investigation is warranted here:



Tuesday, March 31, 2015

Another Route To Justice



Those that follow such things will know that proving police brutality is very difficult. Absent video evidence, the police narrative usually is that the one claiming to have been brutalized was in fact the perpetrator, and charges of assault on police almost invariably result.

Such was the situation that Toni Farrell faced when she was viciously assaulted by OPP Sgt. Russell Watson in 2013, a situation I wrote about in January. Russell's 'crime'? She tried to help police find the three men who had viciously assaulted a woman.

Happily, the charge that she assaulted Watson was tossed out by Ontario Court Justice George Beatty, who ruled that she was only being a Good Samaritan. The SIU chose not to investigate Watson, but relented when the story hit the media.

Knowing that if justice is to be achieved, she must pursue it herself, Farrell is suing Watson, the police force and the local police services board for close to $4 million.
Tonie Farrell, 48, “has sustained permanent and serious injuries including, but not limited to, a fractured leg, crushed knee, lost tooth, as well as bruising, spraining, straining and tearing of the muscles, tendons, ligaments and nerves throughout her body including her neck and back,” alleges the statement of claim, filed in Newmarket Superior Court in January.

The OPP “knew or ought to have known that Sgt. Watson had a history of using excessive or unwarranted force but failed to take appropriate steps to address the issue,” the statement alleges. “It continued to employ Sgt. Watson when it knew or ought to have known that Sgt. Watson was a danger to the public.”
Farrell's list of grievances is long:
Farrell is demanding $4 million in general, aggravated and punitive damages, and $100,000 in Charter of Rights and Freedoms damages. Her family members are each asking for $100,000 in damages.

The statement alleges Watson “is liable for the tort of battery,” saying he “owed a duty to the plaintiff . . . not to make harmful or offense (sic) physical contact with her in the absence of legal justification or authority.”

It also alleges that he wrongfully arrested Farrell, that he was “negligent in failing to carry out a reasonable investigation,” and was “actively involved” in the “malicious prosecution” of Farrell.

The statement of claim goes on to allege that Watson “caused and continued prosecution against the plaintiff in order to conceal or obfuscate his misconduct; he deliberately misstated the events in his notes in hopes of securing a conviction; he counseled fellow officers to misstate evidence to the court in order to secure a conviction.”
If anyone is able to break through that thick 'blue wall' the police regularly hide behind, I suspect it will be Toni Farrell.

Monday, January 12, 2015

Holding Police to Account



Late last month I wrote a piece for The Paper News examining the nearly impenetrable 'blue wall' that is an ever-present barrier to justice and accountability whenever the police abuse their authority, violate the public's rights, or otherwise brutalize them. One of the cases I wrote about was the disabling beating OPP Sgt. Russell Watson administered to Tonie Farrell, a 48-year-old Orillia ‘Good Samaritan’ whose only 'crime' was to try to help a woman who had been assaulted by three thugs.

The SIU (Special Investigations Unit) did its usual 'stellar' job. It found there were no reasonable grounds to charge the offending officer.

In today's edition of The Star, readers weigh in with their usual penetrating insights. I reproduce a few of them below:

Re: Good Samaritan brutally beaten by OPP officer, Dec. 30
Officer assaults citizen, causes serious, permanent injury. Officer charges citizen with assault and obstruction. SIU investigates officer but lays no charges. Judge dismisses charges against citizen, condemns officer’s actions.

Sadly, this case is not unique; it demonstrates the double standard that exists when the citizen victim of the assault is charged while the police perpetrator suffers no legal or disciplinary consequences. By setting the bar for charging police far too high, the SIU is failing its duty to protect Ontarians from the “bad apples” who perpetuate a culture of violence in police forces across the province.

How many more victims will it take before citizens take to the streets to demand accountability?

M. Goldstein, Mississauga
I was appalled to read about OPP Sgt. Russell Watson’s life-shattering assault on Tonie Farrell, and even more appalled to hear that he will face no consequences. This is another in a long line of incidents proving that our police are a law unto themselves.

If they are particularly stupid or their acts particularly egregious, judges may scold them, but the SIU will find there’s no grounds to lay a charge, and their superiors will not even discipline, much less dismiss them. Evidently Watson’s OPP superiors consider punching and kicking women to be all in a day’s work.

When police officers lie under oath, they are not charged with perjury. When they conspire to cover for each other and subvert the course of justice, they are not charged with conspiracy. That “blue wall of silence” seems to reach around the entire justice system.

If an individual’s safety is based on happening not to cross a police officer’s path at the wrong moment (or in the “wrong” skin), we’re in serious trouble. Governments at all levels must take steps to bring police under the rule of law. We cannot trust our justice system or our police if they can break the law with impunity.

Nina Littman-Sharp, Toronto
And about that curious provision in the law that allows the police to obstruct SIU investigations by refusing to turn over to them their investigation notes:
As I read this article, I became ever more appalled as Tonie Farrell was transformed from Good Samaritan to an abused victim to an accused defendant and then the SIU finding of no wrongdoing. Truly a disgrace.

The most infuriating and confusing aspect of this sorry tale is present in the following passage from the Dec. 30th article: “The SIU conducted a month-long investigation in 2013 and interviewed Watson, but he did not provide his notes, as is his legal right.”

This is a mind-boggling situation. I have never been a police officer nor faced violent danger in my employment. Nonetheless, I have never for one second considered the notes that I took with the pen and paper or computer (supplied by the employer and used during a paid workday) to be my property or facts that I could keep secret.

I worked as a quality assurance manager, and as such I performed investigations into quality issues, and as a member of the joint health and safety committee also conducted investigations on safety incidents. I cannot imagine a circumstance where my refusal to fully co-operate with my co-workers and management supervisors would not result in disciplinary action, which would appear on my HR records and, if there were repeat infractions, result in my dismissal.

My wife and close friends with whom I discussed this issue were similarly confused at learning that the rules appear to allow police officers to withhold information and not fully and completely assist and comply with investigations.

I wish to request the Star to prepare an article to explain to readers like myself the legal logic behind the ability (or “right”) of officers to withhold their field notes. This article should include a complete review of the pros and cons of this “right.” It would be very enlightening to learn of situations where the exercising of this “right” is clearly the correct course of action as well as the flip-side, such as the Farrell vs. Watson case and others like it.

Stan Taylor, Brampton

Sunday, December 28, 2014

Perhaps The Police Should Stop Brutalizing People

... instead of blaming protesters for their ill-fortune.

Here is yet another incident that reminds us of the terrible abuse of power these 'protectors' of public safety seem quite comfortable with. The 'crime' these Louisiana police were reacting to? A young man attempting to video their heavy-handed tactics:

WAFB 9 News Baton Rouge, Louisiana News, Weather, Sports