The Insular World Of The Police Mentality

I have written several posts in this blog about institutions and their many shortcomings, shortcomings that seem directly proportional to their age. The longer one exists, the more prone an organization seems to becoming increasingly insular, self-referential, and self-reverential.

One of the institutions most frequently targeted here is law enforcement. Whether examining local or national forces, it is clear that the temptation to overstep, misuse and abuse authority is too much for some to resist. Failure to seriously acknowledge that fact only leads to a greater likelihood it will recur, often more frequently or on an even larger scale.

Perhaps the most notorious instance of police abusing their authority and subsequent organizational inertia in responding to it was the G20 Summit of 2010 in Toronto. The details of that infamous weekend are well-known, and I have posted about it numerous times; in the aftermath of that weekend of mayhem, a G20 Criminal Investigative Project was formed to pursue and bring to justice the non-police criminals who contributed to the violence of that weekend.

As The Star's Rosie DiManno reports in today's edition, despite the legacy of illegalities perpetrated by the police and their commanders, that Project is today to be given a team award originating with Professional Standards:

[It is] being presented to some of the 82 members of the Toronto Police Service who are being honoured on Thursday along with a handful of officers from other law agencies

As Ms DiManno tartly observes:

There is little to feel proud about in the aftermath of that weekend of wreckage and trampled rights. Goodness, a slew of lawsuits against police for alleged abuse of force are still winding their way through the courts. And much of this city lost faith in its upholders of law and order, unprepared as they were to avert the chaos that erupted, then overly zealous in response to top-down orders that they “take back the streets.”

But that reality doesn't seem to exist in Policeland, it would seem.

The authorities, however, should be aware that it has not been forgotten in the larger world of public opinion.

Durham Police Abuse Of Authority

I'm not sure what is more disquieting, the conduct of constable James Ebdon or the very timid sanctions Durham Police Chief Mike Ewles imposed on the errant officer. Neither exactly cultivates confidence or trust in those who 'protect' us.

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.

Kafka, The Toronto Police, and Toronto Community Housing

"Someone must have been telling lies about Joseph K., for without having done anything wrong he was arrested one fine morning."

- The Trial, by Franz Kafka

Last evening, I made a brief post which included a quotation from George Orwell's 1984, linking it to a story from The Guardian that dealt with the suppression of freedom of expression rights being experienced by some British public servants. Today, he and another literary icon, Franz Kafka, came to mind as I read a story from the Star detailing a witch hunt conducted by the Toronto Community Housing Corporation (TCHC) that resulted in the suspension of six employees, four of whom were ultimately terminated. Indeed, if one were to substitute the word fired for arrested in the above Kafka quotation, one would have a perfect summary of what happened to these workers.

Their problems began in the aftermath of a much publicized incident of racial profiling in which two Toronto police officers, attached to the Toronto Anti-Violence Intervention Strategy (TAVIS), stopped four black youth, ages 15 and 16, in a public housing complex. Exercising his rights, one of the lads refused to answer any questions, and the situation quickly escalated to the point where one of the officers pulled a gun, and the teens were arrested. All of the trumped-up charges, including the standard resisting arrest charge police so frequently use against those who exercise their rights, were eventually dropped.

To the police department's chagrin, someone handed over a copy of the surveillance video to The Star that captured the events, which included an unprovoked assault on one of the youths by the police, as you will see in the video below:

The fact that this video and the original story of the police abuse of authority were published by The Star did not sit well with the resume builders and careerists at TCHC. In what I am sure they deemed a remarkably good use of their well-paid time, they set out to track down the heretics who had caused public embarrassment to the police, apparently more concerned with maintaining a cozy relationship with them than they were with the egregious violation of Charter Rights the video reveals.

To make a long story short, since you can read the details in the above links, interrogations took place, and despite an absence of evidence that anyone had leaked anything to The Star, (indeed, you will see stout denials in today's story by the putative 'culprits') terminations ensured.

The abuse of authority, whether at the hands of police, employers or individuals victimizing other individuals, has always outraged me. This case is no exception.

Police Deserve Our Respect - When They Don't Abuse It

Contrary to what one might believe reading my various entries on the police, I recognize the difficult job that they have, and I realize that they are often capable of feats of great heroism when they put themselves at peril to protect the public. As a retired teacher, I also know how easy it is for people to make gross over generalizations about those who work as public servants, stereotyped slurs abounding about, for example, overpaid and lazy teachers, cops on the take, etc.

However, and I think I have been consistent in this, I draw the line at police who abuse their authority or act incompetently and then try to escape the consequences through lies, misdirection, or obfuscatory political language.

My reflections today are prompted by a story on the front page of today's Star detailing the failure of Julian Fantino to apologize to Cecil Bernard George, cousin of the late Dudley George, for a near-fatal beating he received at the hands of the OPP when Fantino headed that organization:

Five years ago, Justice Sidney Linden wrote that then-OPP commissioner Julian Fantino should apologize to Kettle and Stony Point band councillor Cecil Bernard “Slippery” George for near-fatal injuries he suffered during a clash with police.

Fantino, who seems to epitomize the American belief that it should never apologize for anything, has never acted upon that judicial request and appears not to be man enough to own up to his failure, one of many in his very checkered career in law enforcement, a career that included wiretap controversies, homophobia, and corruption scandals under his command.

According to the Star article, Fantino's first feeble explanation for not apologizing to Cecil George came three weeks ago when the now-Assistant Minister of Defence said he sincerely wanted to apologize to George face-to-face, but was told by Ontario Provincial Police staff that George was dead. “I believe he passed away”.

George, who has made no secret of his ongoing participation in this life, even has his picture on the band council's webpage. Mind you, the picture includes three people with the surname of George, so perhaps the kind of discernment required to identify the correct one would have required time that an assistant minister has little of, given his weighty duties in the service of Haper Inc.

Ever the resourceful politician, when informed by the Star that Mr. George is still with us, a spokesperson said in an email late Thursday afternoon that Fantino now recalls that he offered an apology and it was declined.

George said Thursday he’s still awaiting an apology from Fantino and would welcome one.

The Fantino spokesperson also said that two other former OPP commissioners have already apologized to the community.

George said Linden specifically called upon Fantino to apologize and that Fantino should respect the judge’s recommendation.

The Fantino spokesperson said that he no longer has authority to act of behalf of the OPP.

George said he feels Fantino should still make the apology and that he should make it to the entire community.

And so you can see the problem here. The breathtaking scope of dishonesty, rationalization, evasion and absence of honour epitomized in this situation once more suggests that Mr. Fantino is yet just another politician, cut from the same cloth as the majority of the Harper regime, intent on advancing his own career at the expense of the public good.

Yet one more reason I will be protesting at my local Conservative M.P.'s office tomorrow.

The Star Continues To Shine A Light On Some Very Dark Places

A taser to the scrotum 10-15 times. A 'rear naked choke hold' (an arm around the throat, another behind the head and a knee in the back). A beating in a ditch. The suspect's 'crime'? Leaning out his window and shouting “Hey, baby!” to several Niagara Regional Police officers.

Thus begins the third part of the Star's investigation into police officers who abuse their authority and subsequently perjure themselves in court, usually with no subsequent punishment from their departments.

You can read all of the sordid details here.

More Troubling News On The Police Front

I have the feeling that if I had both the time and the narrowness of purpose, I could devote this blog entirely to police and their abuse of authority and the citizens they are sworn to protect. It seems that one doesn't have to look far, be it on YouTube or the daily papers, to find new outrages committed by the constabulary.

The unfortunate pitfall of all of this, of course, is the danger of slipping into the fallacy of gross over-generalizations. The fact is, of course, that the majority of police do not abuse their powers (except in special circumstances such as the Toronto G20 Summit of 2010); it just seems that way thanks to a sometimes-vigilant press and some intrepid citizen journalists.

If you have the stomach for it, read about a Windsor police detective, David Van Buskirk, who has just been found guilty of viciously assaulting a visually-impaired doctor, Tyceer Abouhassan, and lying to cover up the assault. The Windsor Police Association, of course, is falling all over itself explaining away his aberrant and abhorrent behaviour and calling for understanding of the stresses he was under at the time of the beating.

No word yet about the stress Dr. Abouhassan experienced as a result of the assault.

Police Who Lie Under Oath

The following suspects have walked free after officers lied in court: an accused pimp of a teenage girl, possessors of child pornography, a major ecstasy manufacturer operating out of a Scarborough house, members of an international data-theft and fake-credit-card ring, marijuana growers, and drug dealers carrying loaded handguns.

Judges have discarded as evidence at least $40 million worth of cocaine, meth, ecstasy and weed in recent years.

The above is just a brief excerpt from the start of another investigative series from The Star, the only Canadian newspaper, to my knowledge, that is upholding the best traditions of journalism in pursuing stories that really should matter to an informed populace, stories that have led to some very significance changes and reforms both locally and provincially over the years.

In reading the account in today's issue about police who lie in court about the circumstance leading to the arrest of criminals, I admit to feeling just the smallest amount of ambivalence, inasmuch as the lies were used to justify the arrests of some very bad people. On the other hand, I am very mindful of how easy it is for the police, in whom society have invested a great deal of authority, to abuse that authority. Countless videos by citizens, and the terrible violations of our Charter rights that took place during the 2010 G20 Summit in Toronto, are ample testaments to that abuse.

I look forward to The Star's next installment tomorrow.

From The Police Beat: More Police Brutality

Not given to monomania, I really hope that at some point in the (perhaps distant) future, I will be able to completely move on from commenting about police misdeeds. It's just that I have a real thing against the abuse of authority, and every time they come to my attention, I feel compelled to offer my observations.

I have written previously about Ontario Court Justice Lesley Baldwin and her brave comments that 'contempt of cop is not a crime'. Unlike the SIU, which has proven both toothless and feckless in fulfilling their mandate of investigating the police, Justice Baldwin has clearly seen through the barrier of the 'blue wall' that police tend to erect whenever one of their own is under fire.

She is once more in the news in a Toronto Star article entitled ‘Courageous’ judge takes on Halton cops. In part, the piece summarizes her previous ruling that prompted her 'contempt of cop' comments as she dismissed charges against Kyle Davidson of assaulting a peace officer, resisting arrest and being intoxicated in public in connection with a June 2009 arrest.

According to Davidson in an interview I saw last night on TV, a police car sped by him, narrowly missing him, at which point he mouthed an obscentiy. The police car came to a sudden stop and Davidson was told he was under arrest. Incredulous at the turn of events, he asked "For what?" after which Const. Erich Paroshy broke his arm.

Justice Baldwin's observations were as follows:

"I do find, beyond a reasonable doubt, that Officer Paroshy used excessive force and broke Kyle Davidson’s arm in this case,” said Justice Baldwin in her 16-page ruling, making clear that “contempt of cop” is not a justification for an arrest.

Davidson said he has read the ruling “like 75 times” and added that he “feels absolutely vindicated. I really doubted the system.”

Baldwin went further in her ruling, calling police conduct in the case “harsh and callous.” She added: “I sensed no empathy on the part of either officer for the injuries Kyle Davidson sustained in this matter.”

In a related Star story, Justice Baldwin recommended to Crown prosecutors that they “carefully screen cases where an accused is brought before the Court on charges that arise from circumstances of suspected ‘contempt of cop’ before they proceed to prosecute the matter.” In the Dyrda case, she recommended screening “where no underlying charges accompany ‘assault resist arrest’ and ‘obstruct police’ charges.”

The above reference to the Dryda case, interestingly enough, also involved Erich Paroshy, the officer who broke Davidson's arm. The details of that case are as follows:

Baldwin acquitted brothers Bogumil and Stanislaw Dyrda of all charges, including assaulting a peace officer, stemming from an incident in January 2009.

According to court documents, Stanislaw was returning from dropping his daughter off at university in Ottawa when his car swerved off the road into a pile of rocks, deploying the airbag.

Constables Paroshy and Blair Egerter responded to a dispatch around 10 p.m. and alleged that when they tried to get information from Stanislaw he responded by saying “no.”

As they escorted him back to the cruiser, the officers testified they suspected Stanislaw was intoxicated and that he pushed himself away from Paroshy.

He was then placed under arrest, and as an altercation ensued, Paroshy alleged that Bogumil, having arrived on the scene after receiving a call from his brother, interfered by pulling off his bulletproof vest.

Stanislaw was punched by the officers, taken to the ground by Egerter and pepper-sprayed by Paroshy.

The brothers said that Stanislaw was not intoxicated, but exhausted from driving 17 hours and disoriented from the car crash; also, that Bogumil was trying to diffuse the situation by offering to translate for his brother, who speaks little English. He denied trying to take off Paroshy’s vest.

“Their duty as officers was to determine if this man needed some help. Help was not what Stanislaw Dyrda got that evening. He got beaten,” said Justice Baldwin in a 32-page ruling. “At the end of this long trial, it was clear that this case involved the excessive use of police force.”

Predictably, the Halton Police Association is offended and defensive about the judge's comments.

Police association president Duncan Foot slammed the judge for her decision in a letter to a local paper.

Trying to conceal rather than root out the problems is not a strategy that will restore public confidence, nor will it do anything to curb what seems to be the rising number of reported incidents of police brutality and excessive use of force.

Added to that, to paraphrase a subject popular with the Harper government, we can only wonder about the number of unreported crimes committed by police in their overzealous pursuit of their public safety duties.

Another Police Embarrassment

I really take no pleasure in reading about police who are charged with crimes. Sadly, that kind of misbehavior, which seems to be alarmingly on the increase, reflects badly on all officers, which is patently unfair. Nonetheless, it is crucial that we hold to a very high standard these guardians of our security, as any abuse of their considerable authority has quite serious implications for society. Transparency, not secrecy, is the key. If our police services want to restore and maintain our trust, they surely will have to behave better than the Peel Police did recently.

In a story that has come to light only through the doggedness of the Toronto Star, we learn that Peel tried to conceal from the public some serious allegations facing one of its members, Darrell Beck, 32, of Lisle, Ont., who was arrested at 8:48 p.m. Friday on suspicion of impaired driving and possession for the purpose of trafficking. They did everything in their power to keep the fact that he is an officer from the public. Check out the full story to learn the disturbing details.

‘Contempt of cop’ no crime

So read the headline in today's Hamilton Spectator in a story by Ken Peters.

In yet another blow to the patina of respect that used to envelop the police,

Ontario Court Justice Lesley Baldwin offered a scathing rebuke of Burlington OPP Constable Ryan Cox and Halton Regional Police Officer Erich Paroshy in connection with a June 20, 2009, arrest that left Burlington resident Kyle Davidson with a fractured left arm.

Apparently the young Mr. Davidson, who mouthed an obscenity when asked to approach the officers in question, was arrested on suspicion of drunkenness and resisting arrest (the latter, I suppose, a natural reaction when one feels he/she is being arrested for no cause). Unfortunately, during the arrest, in addition to the fractured arm, Davidson sustained injuries to his face and nose which he claims were the result of the officers grabbing his head and smashing it into a curb. The arresting officers claim that he 'slipped off the curb' (is this police code for brutality?) when they attempted to arrest him.

As usual, the SIU investigated and found no basis for further action. Thankfully, Justice Baldwin was not so timid, finding, “It is not an offence to be rude to an officer” and concluding that "the police conduct in this case was harsh and callous.” She also recommended "at a minimum, that both officers be retrained in the appropriate use of police force”.

Given the ever increasing incidence of police misconduct and abuse of authority, many would suggest that much harsher measures are called for.

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

Judge Excoriates Cops As Thugs, Expresses Contempt For Superiors Who Conceal

Yesterday I posted some of the comments made by Justice Allen upon sentencing two Toronto police officers to a year of house arrest for beating a Cabbagetown man in 2009. Today there are further comments in The Star by the Superior Court Judge, including the following:

Police turned a blind eye to thuggish behaviour by officers that’s worthy of a criminal gang. He said, “This attitude is inconsistent with effective policing. It is inconsistent with the rule of law” describing it as "...behaviour we expect from gang members on the street, not the police.”

Allen was sharply critical of superior officers at 51 Division who didn’t report the attack to the civilian Special Investigations Unit, which probes incidents where police cause serious injuries.

“Any officer who is prepared to turn a blind eye to the use of excessive force has to take some responsibility when their colleagues are facing the loss of their career and their liberty.”

Justice Allen's most damning comments came when he spoke of what motivated the police attack:

“This crime was committed because Mr. Moore spoke disrespectfully to the officers, calling them the rich man’s army and suggesting they go arrest some gangster,” Allen said. “The officers decided to put him in a cell overnight and then beat him severely when he did not cooperate in his arrest.”

Clearly, despite the myriad examples of police brutality and abuse of authority being made public, the Toronto Police force and, I suspect, the forces in many other jurisdictions, are still out of control, aided and abetted by superiors ignoring the brutality either because they are part of the 'blue wall of silence' or crave career advancement.

Police Response to Criticism? The Best Defence is an Offence (to all of us)

Yesterday I wrote an entry detailing the frustrations of Ian Scott, head of the Ontario's Special Investigations Unit, over his inability to get the cooperation of the majority of police forces when investigating allegations of police misconduct. Today, The Star reports on the strategy these forces use to combat such criticism.

Here is an excerpt from that story:

The association representing 33,000 front-line police officers in Ontario has accused the head of the province’s police watchdog of “destroying public confidence in the criminal justice system” with a “bias against police officers.”

In a letter of complaint to the body that regulates lawyers, the Police Association of Ontario says that Special Investigations Unit boss Ian Scott, a lawyer, committed professional misconduct by telling the Star in an interview that officers being investigated for alleged crimes “get all kinds of breaks in the (criminal justice) system.”

The Law Society quickly dismissed the December 2010 complaint without an investigation, telling the Police Association there is “insufficient evidence” of misconduct to warrant even a request for a probe.

The most ironic part of the complaint made by the police against the SIU head is found in the first paragraph, accusing Scott of destroying public confidence in the criminal justice system by his assertion that police officers are not held to the same high standard when being investigated for alleged crimes.

I agree that public confidence is being undermined, but not by the SIU. It is the refusal of the police themselves to cooperate with investigations, their refusal to bring wrongdoing of fellow officers to light (e.g., exactly how many have been charged in the G20 fiasco?), and the refusal of the police chiefs in charge of them to do anything to try to alter the 'brotherhood of the badge' mentality that appears to allow corruption and abuse of authority to exist and spread.

But then again, I'm sure, in their complaint to the Law Society of Upper Canada, that they were aware of how effective 'shooting the messenger' can be.