Sammy Yatim's Accused Killer Back On The Job

While the presumption of innocence is fundamental to our justice system, common sense and public sensibilities are always unspoken elements of the equation. This is clearly seen, for example, in jury selection, a good part of which is designed to ferret out and exclude from participation those with prejudgments that could affect the rights of the accused to a fair trial.

With that preamble and proviso out of the way, what I express in the following is simply my opinion, a perspective informed by news coverage of the accused and the aforementioned common sense and public sensibilities.

I have written several past posts on Sammy Yatim and related matters of police abuse of their authority. Yatim, readers will recall, was the 18-year-old whose death at the hands of police on July 27, 2013, was captured on video. While holding a knife in an empty streetcar, presenting no immediate threat to the many police who were on scene, Yatim was shot to death by Const. James Forcillo, who was later charged with second-degree murder.

Now, incredibly, just a few days after the beginning of his preliminary hearing, word has arrived that Forcillo has been back on the job since February.

The decision to have Const. James Forcillo return to duty — after a seven-month suspension with pay — was made by Chief Bill Blair.

“The chief, using his discretion, made the decision to lift his suspension and since February he has been assigned to administrative duties here at headquarters,” spokesman Meaghan Gray confirmed Wednesday. “He is not in uniform and his job does not require any use-of-force options.”

A close Yatim family friend, Joseph Nazar, was stunned by the news:

This is a betrayal by the police chief,” Nazar said. “This officer is charged with murder and he’s working in a police station?

“If this is true, we’re not going to sit quiet about it,” he added.

Police union head Mike McCormick, “fully” supports the chief’s decision to lift Forcillo’s suspension.

“We encourage management to find meaningful work for suspended officers when possible, as long as any risk has been mitigated,” McCormack said. “And it actually happens quite frequently.”

He said it’s good for the officers, the service and taxpayers.

What McCormick failed to acknowledge is that it's not so good for the pursuit of justice, fosters the perception of a blue brotherhood with more contempt than concern for the public, and betrays an egregious disdain for a still-grieving family that will never again embrace their loved one.

The Long Road To Justice

Although long, the road to criminal justice for Adam Nobody has finally ended; the police officer who viciously assaulted him during the infamous Toronto 2010 G20 weekend, Const. Babak Andalib-Goortani, was found guilty of using excessive force. Of the myriad who violated the rights of over 1100 people that weekend, he is the only officer to whom justice has been meted out.

And the fact that he has been convicted is thanks to video evidence offered by bystanders. Had the usual blue wall prevailed, the crime would have gone unpunished, as all of the officers involved claimed to have no knowledge of their fellow officers' identities, nor of any crimes they might have perpetrated. This fiction was supported by Chief Bill Blair who, at the time, said that the video taken by bystander John Bridge was tampered with, and that the police were likely arresting a violent, armed offender. They were remarks he later apologized for.

Happily, Justice Louise Botham saw through the veil of lies and 'amnesia' so beloved of police when they are caught in wrongdoing. In response to Andalib-Goortani’s claim that his baton blows against Nobody were to assist officers in arresting a resisting Nobody, she said:

“I find his explanation that he was responding to Adam Nobody’s resistance is nothing more than an after-the-fact attempt to justify his blows rather than reason for them”.

The final test will come on Nov. 8, when Andalib-Goortani will be sentenced. In the unlikely event he is given jail time, he will lose his job; more probable is a fine which will allow him to continue 'protecting and serving.'

Mike McCormack, President of the Toronto Police Association, said that while the police respect the justice system, the judge came to the wrong conclusion. He also opined that this was an isolated incident:

"I think that our members, our police officers, did a great job overall the day of the G20, and they're extraordinary circumstances, and I still stand by our membership and that every officer's actions have to be assessed on their individual actions," he said.

I imagine that at least 1100 people who were illegally incarcerated that weekend and otherwise had their Charter fights abrogated might disagree with McCormack's evaluation.

The Problem With The Police Starts At The Top

Leadership is a word that evokes many associations; strength, vision, determination and resolve are a few of the positive ones. Selfishness, careerism, expediency and cowardice are but a few of many negative associations. In my own working life, I had perhaps three administrators I looked up to, the ones who put the good of education above personal ambition, pettiness and self-centreness. They were people I would have done anything for.

The rest I merely endured because I had no choice.

As I have often written in this blog, I see Toronto Police Chief Bill Blair as a failed leader, one who must bear a large portion of the responsibility for the democratic debacle of the 2010 G20 Summit in Toronto and its aftermath, which saw virtually no consequences for the massive and widespread police abuse of charter rights. In my view, Blair should have been fired afterwards. Sadly, the effects of his failed leadership, like poison dropped in a reservoir, continues to ripple outward, affecting those he 'commands'.

An exceptionally well-crafted letter in today's Toronto Star by Rick Owens of Toronto explains why:

Re: SIU head blasts Toronto police chief for co-operation failures, Aug. 29

That Toronto police Chief Bill Blair is not directly accountable to the SIU is clear in law. But that is not the issue. What is at issue here is whether the chief ought to have the courtesy to respond directly to a legally mandated body that investigates matters involving the consequences of the use of force by his staff. Courtesy or rather the problem with discourtesy is the issue here.

I can recall no time in the last 40 years when regard for the police in Toronto was this low and widespread. Whether it’s the G20 fiasco, the series of charges and allegations about dishonesty in court or outrageous misjudgments such as the Sammy Yatim shooting, some police in Toronto have done much to undermine the credibility of and trust in the Toronto Police Service. And it is the sort of defiance and fundamental discourtesy that the chief demonstrated in this matter that seem to be the common theme across the past decade.

That Blair feels no need to be even remotely courteous to Ian Scott is akin to the disregard by some police to the rights of citizens or their own responsibility to abide by the law. One recent example of this disregard is the officer who parked his personal car illegally while on a paid duty assignment. All he had to do was put a police vest on his dash and he was exempt from paying the fees that every other private vehicle is required to pay. That was his expectation; it’s not the law. This is at best a discourtesy to those of us who abide by the law and pay the penalties when we don’t. At its worst, it is quite simply corruption. But why should that officer think he’s accountable to the rest of us if his chief doesn’t think he is?

The chief sets both the tone and example for the thousands of women and men in his (our) employ, and his response to Scott was most certainly the wrong one. The police service has a lot of work ahead of it in repairing its image and relationships with the people it serves and to whom it is accountable. This was a step back. It is my (admittedly distant) hope that the Police Services Board will hold him to account on this matter.

The Wheels of G20 Justice Move Very Slowly

Although I have written countless posts about the abrogation of charter rights and myriad instances of police brutality that occured in Toronto during the infamous G20 weekend in 2010, the story never seems to be over.

This past week saw one officer acquitted in the assault of Dorian Barton; Glenn Weddell was found not guilty of aggravated assault and assault with a weapon by Ontario Superior Court Justice M. Gregory Ellies based on Wedell's testimony that he initially did not even remember any interaction with Barton, but after reviewing images of the event recalled that he merely helped Barton up from the pavement by his T-shirt and guided him clear of police lines.

This 'memory' stood in sharp contrast to that of Andrew Wallace, a hospital worker also taking pictures of the protest, [who] said he saw Weddell emerge from a line of riot police to viciously hit Barton with his shield and baton, completely without provocation.

Another man, Adam Nobody, testified to similar mistreatment this week; he was, again apparently without provocation, beset upon by five or six officers who pinned him to the ground and pummelled him repeatedly. Police lawyer Harry Black, who is defending Const. Babak Andalib-Goortani against charges of assaulting Nobody with a weapon, his nightstick, made the predictable attempts to impugn Nobody's character and veracity, but the latter remained calmly consistent in his testimony.

In another development,

A court has ruled Ontario’s police watchdog must re-examine a complaint about orders given during the G20 summit by the upper command of Toronto police — allegedly including Chief Bill Blair — to arrest anyone wearing bandanas or masks.

Jason Wall, who filed the complaint, was wearing a brown bandana around his neck when he was arrested on June 27, 2010, while walking on Yonge St. near Gerrard St.

Wall, 26, was charged with wearing a disguise with intent and held for 28 hours in the Eastern Ave. prisoner processing centre.

Finally, and probably the most cowardly and disgraceful act of the entire weekend of police abuse involved John Pruyn, the man who was in the so-called 'official protest zone' at Queens Park with his wife and daughter when, inexplicably, police charged the area, ripped off Pruyn's leg, appropriated his walking sticks, and hauled him off to detention for 24 hours. He received his leg back upon release.

While the link to the Star article doesn't seem to be working, I will tell you what he wants: an official apology by the police officers involved in the abuse, "their boss, Chief Bill Blair, and their ultimate boss, Prime Minister Stephen Harper, that they were wrong to treat him that way."

So far, and unsurprisingly, none of the above has indicated any interest in acknowledging Pruyn's request.

Perhaps all should be reminded of the old adage: Pride goeth before the fall.

It Certainly Took Him Long Enough

His Mad Face?

Seasoned cynic that I am, I can't help but think that Toronto Police Chief Bill Blair's denunciation of police misbehaviour is little more than a public relations exercise. Almost three years after the G20 debacle, in which over 1000 people were arrested and a mere handful of police hit with the most modest of sanctions for their egregious abuse of authority, the Chief has deemed it prudent to speak to both the public and his own troops on where he stands when 'good' cops go bad.

As reported in today's Star,

An angry Chief Bill Blair is slamming his own officers for “totally unacceptable behaviour,” including turning off dashboard cameras, being untruthful in court and racist remarks.

Included in his video message — which runs about five minutes and shows Blair in full uniform, set against a dark background and speaking directly to the camera — are two short video clips that make examples of individual officers on the force. It’s the first time the chief has used video in such a fashion.

The first clip was captured on a police dashboard camera three years ago, and shows Const. Christian Dobbs repeatedly striking Toronto cook Raymond Costain, who is face down and hidden from view, in front of the King Edward hotel.

I think I would have found this public condemnation much more credible were it coming from another police chief, given that Chief Blair was such an integral party to the abrogation of Charter rights during the G20, concealing, for example, the fact that the so-called emergency laws about 5-meter perimeters around fences were total fiction. This, of course, led to the unlawful searches, seizures and arrests of lawful protesters during that infamous weekend in June of 2010.

A real leader not only 'talks the talk' but also 'walks the walk.' I have seen no evidence of such ambulatory ability on the part of Bill Blair.

The Fluidity Of Our Charter Rights

Judging by both past events and current practices, I think it is safe to say that neither Premier Dalton McGuinty nor Toronto Police Chief Bill Blair, along with his underlings, have a great deal of respect for Canada's Charter of Rights and Freedoms.

First, of course, there are the well-documented violations of those rights that took place during the Toronto G20 Summit of June 2010, a summit in which both the above-mentioned conspired to deprive thousands of their charter rights throuh illegal arrests, detentions, and search and seizures, both 'leaders' fully aware of their complicity in illegal behaviour.

Unfortunately, however, these Charter violations continue on a daily basis. There is a program in Toronto called Toronto Anti-Violence Intervention Strategy (TAVIS), fully endorsed by both McGuinty and Blair and recently guaranteed permanent funding by the Premier, that aims to reduce gang violence in The Big Smoke which this summer has been beset by gun violence.

And while I don't pretend to know what the answer to this problem is, I hardly think it makes sense to go out of one's way to alienate the black community, which already has ample reason to be suspicious of the authorities.

Today's Toronto Star has a disturbing story with accompanying video about four young black men, ages 15 and 16, who decided to assert their rights against arbitrary police stops by refusing to identify themselves and attempting to walk away from the authorities. As you will read in the story, that attempt to enforce their charter rights had a very unpleasant consequence that could have ended in fatalities.

So my question is this: has anyone ever checked on the constitutional legitimacy of programs such as TAVIS? Indeed, would they withstand a Charter challenge?

Enablers Of The G20 Abuses: The Police Services Board

The following is a brief excerpt from a comprehensive report by retired judge John Morden on the police brutality and abuses of Charter Rights committed during the June 2010 G20 Summit in Toronto. In it, he addresses the failure of the Toronto Police Services Board, headed by Alok Mukherjee:

“The board has limited its consultative mandate and has viewed it as improper to ask questions about, comment on, or make recommendations concerning operational matters,” said Morden.

“The board’s approach in this matter is wrong.”

In earlier times, of course, this magnitude of incompetence would have warranted resignations or dismissals.

Nowadays, sadly, it simply becomes a public relations challenge to overcome.

My understanding is that Toronto Police Chief Bill Blair will start the process of 'massaging' the report shortly with a news conference.

A Shield of Secrecy Protecting Toronto G20 Police Still Exists

Although two years overdue, the abuses of Charter Rights and police brutality that occurred in Toronto during the June 2010 G20 Summit are finally being recognized for what they were; this can't help but be a source of satisfaction to many. The comprehensive report by the Office of the Independent Police Review Director has at least started us down the road to long-overdue justice. However, not all is yet well.

The report's apparently comprehensive nature stands in sharp contrast to the tactics of the never-say-sorry Toronto Police Chief Bill Blair, who has consistently temporized and qualified his comments to the point that were he the only source of information about the shameful and criminal acts committed by Toronto's finest, one would believe that an exemplary job had been done by all. However, it seems he is not the only one concealing the truth from the public.

A Star exclusive reports today that a G20 senior commander, Toronto police Insp. Gary Meissner, is facing disciplinary action for ordering the early-morning raid and unlawful mass arrests at the University of Toronto, an event that many will recall as a stark reminder of the fragility of our Charter rights.

Based on deductions befitting Inspector Gadget, Meissner concluded that a group of 100 people, mainly students from Quebec being billeted at a U of T gym, was shielding some of the black bloc anarchists who had wrought the deplorable property destruction the previous day, destruction that for some strange reason the police chose not to stop. Without a proper warrant, the police, under Meissner's command, swooped in with tasers pointed and rubber bullets at the ready, proceeding to shackle all of the arrested. Eventually, charges were dropped.

Most disturbing is that this information about Meissner was withheld from the public in the OIPRD report, and The Star was able to obtain the information only from one of the arrested people who complained to the arm's length agency.

It would seem that the public's right to know is yet another of our cherished freedoms that is more illusion than reality.

Chief Bill Blair Dodges Another Bullet

The Toronto Star reports the following:

The province’s police complaints watchdog has recommended 31 officers be charged with misconduct during the G20 summit, two of them in senior positions, Toronto police said Wednesday.

The good chief must be wearing his kevlar vest 24/7, judging by his apparent immunity to any consequences for his disastrous G20 police 'leadership' in 2010.

A Star Reader's Thoughts On G20 Justice

As a reader of various progressive bloggers, I know that the thirst for justice and accountability burns strongly amongst informed Canadians. The only problem, of course, is that this passion seems singularly absent in those who occupy positions of authority, be they our elected 'representatives', heads of various organizations, or, to be sure, certain police chiefs.

So it is always heartening when concerns about issues repugnant to our sensibilities and values are given prominent space in national newspapers; such is the case today in The Star's lead letter to the editor. Written by Peter Finch of Toronto, I suspect few will disagree with the sentiments he expresses:

Re: G20 commanders committed misconduct, reports conclude, May 18

The unlawful acts by police during the G20, identified in the report from Gerry McNeilly of the Office of the Independent Police Review Director, will be prevented from recurring only when accountability results in hard measures.

First, Chief Bill Blair and the senior officers of the major incident command centre (MICC) must be fired or demoted. Their incompetence in planning for the G20, from inadequate tactics to control and minimize the known methods of the Black Bloc through to operation of the detention center, was reprehensible.

Worse, their order to “take back the streets” was a panicked overreaction with no real direction as to what this meant or how to effect it, with the result of hundreds of innocent citizens being detained, jailed and in many cases, beaten.

Secondly, police officers involved in the beating of protesters must face criminal charges and if found guilty, removed from the force. They will have shown themselves unfit for police work.

Thirdly, the Police Act needs an overhaul to make disciplinary hearings more open and truthful co-operation by officers mandatory. Penalties must be more appropriate. An officer removing his/her name tag requires not only a financial penalty but also a black mark slowing their promotion.

Finally, civilian oversight of the Toronto Police must be strengthened. Responsibility for investigation of serious police malfeasance must be stripped from the Toronto Police and carried out by an independent body such as the Special Investigations Unit.

Evidence and testimony must not be withheld or delayed. The police chief and officers must not be allowed to hide behind a blue wall of conspiracy.

Failing to address the unlawful arrests, excessive force, Charter rights infringements and gross violations of prisoner rights without adequate penalties will only encourage the Toronto Police Service to continue acting like power unto themselves rather than the service arm of Torontonians.

Peter Pinch, Toronto

He's Just Another Politician

Despite the ongoing and very critical coverage of Toronto Police Chief Bill Blair and his myriad leadership failures at the 2010 G20 Summit in Toronto, the truculent top cop refuses to both apologize and resign.

The most withering criticism I can think to make is that Blair is just another politician.

You know, a politician in the mode of incompetent and unethical public 'servants' like Bev Oda, Peter MacKay, Christian Paradis, and Tony Clement, all 'Honourable' in parliamentary title only, all betrayers of the public trust in many ways, none possessesing the personal integrity necessary to take responsibility for their misdeeds and resign.

Chief Blair has some wonderful models to inspire him.

Deny, Deny. Deny

In the strange parallel world inhabited by Toronto Police Chief Bill Blair, that seems to be the rule governing administrative oversight. When confronted with an authoritative and damning report on the behaviour of your officers, both frontline and senior, attempt to deal with its implications by refusing to apologize for the abrogation of Charter rights that took place under your command, defiantly assert that the rights of citizens were protected that weekend, maintain that 'most police carried out their duties in a professional manner,' and, when really pushed, admit that there are things that “could have been done better”

The apparent inviolable rule of this parallel world is to never, under any circumstances, accept personal responsibility for what happened under your command.

Fortunately, to set things right, both worlds have a Toronto Star which, in today's hard-hitting editorial, suggests that if Blair continues inhabiting that strange world where DENY, DENY, DENY is the ruling ethos, he should step down.

Stating The Obvious

While this report from The Office of the Independent Police Review may afford some satisfaction for confirming the obvious, the fact that there were no consequences to the Toronto police or their chief, Bill Blair, for being key parts of this orchestrated violation of our Charter Rights renders it pretty much meaningless.

Police Chief Bill Blair Well-Rebuked

Oh, there is much in the news today to report and comment on, but I'll start with something close to my heart: Toronto Police Chief Bill Blair, whom I regard as an unindicted co-conspirator in the police violence that erupted during peaceful protests at the 2010 G20 Summit in Toronto.

In a previous post, I reported how the Chief was offended by the phrase 'the banality of evil' used by a criminal lawyer in an article on the propensity toward racial profiling of the Toronto Police. Today, a Star reader, Paul de Groot, takes him to task:

Re: Arendt reference is offensive, Letter March 16

Police chief Bill Blair justly faults criminal lawyer Reid Rosonik for his comparison of the disproportionate arrests of blacks in the GTA to the “banality of evil” as demonstrated by the Nazis. He is on shaky ground, however, when he levels the charges of intellectual laziness and unpersuasiveness.

Chief Blair’s stonewalling and intellectual indifference in the face of overwhelming and endless evidence of police wrongdoing during the G20 fiasco, hardly qualify him to make these charges. Given his newfound fondness for intellectual rigour, I assume we can expect him to make a full admission of the egregious police malfeasance during the summit that continues to taint this city’s police force?

Paul de Groot, Toronto

It is so good to hear the voice of the people.