John Bermingham, Vancouver, B.C. (Vancouver Province) – The public inquiry into the death of Robert Dziekanski could be stopped in its tracks Monday if a B.C. Supreme Court Judge rules the commission can’t make findings of misconduct against the four RCMP officers who Tasered him.
Lawyers for the Mounties petitioned the court Friday, during a marathon day of legal arguments that went late into the evening. The lawyers were trying to prevent any misconduct findings from ever being made against their clients.
Dziekanski died after being Tasered and restrained by police at Vancouver International Airport on Oct 14, 2007.
The commission has heard 58 days of testimony since January, and heard from 86 witnesses to try to find out how he died. Closing arguments will be heard this Friday.
On April 30, the commission’s counsel, Art Vertlieb, sent notices to lawyers for the Mounties – Const. Kwesi Millington, Const. Bill Bentley, Cpl. Monty Robinson and Const. Gerry Rundel – saying commissioner Tom Braidwood may make findings of misconduct against them. The findings cover improper and inappropriate responses and actions at the scene of Dziekanski’s death.
They also include improper and misleading behaviour during the investigation of the death, and improper and misleading testimony at the inquiry.
The RCMP lawyers argued that the Braidwood inquiry is a provincial body, with no federal jurisdiction. “The notices of misconduct relate to criminal law and RCMP discipline, which is under federal jurisdiction,” said Millington’s lawyer, Ravi Hira.
Hira said the inquiry was supposed to focus on Dziekanski’s death, but it switched to the conduct of the officers.
David Butcher, Bentley’s lawyer, said the RCMP is a federal police force and is not answerable to misconduct findings from a provincial inquiry. “It’s an improper attempt to find criminal liability,” he said.
The federal government and RCMP did not have a lawyer in court Friday. None of the Mounties were present either.
Craig Jones, lawyer for the B.C. attorney-general, asked Justice Arne Silverman to dismiss the petition, saying that findings of misconduct are within the commission’s mandate.
He said it’s important to know that the federal government and the RCMP do not dispute Braidwood’s jurisdiction in the inquiry.
And the officers are not immune from findings of misconduct, Jones added.
“In the inquiry itself, it must naturally be open for the commissioner to find that a witness was dishonest in his testimony and his evidence should not be believed,” said Jones.
Vertlieb said it was premature for the police lawyers to try to petition the court, which could bog the inquiry down with paperwork.
Meanwhile, he said, Braidwood’s final conclusions are not even known, and he’s made no decision on police misconduct.
The “Province” can charge them with any criminal code section they want. It is the finding of misconduct that the lawyers submit that the Province cannot do. Do you understand the difference? Let me spell it our for you. Misconduct is not a criminal charge by Braidwood. The prosecution service has already determined that there will be no criminal charges laid. However, this can change with the submission of relative evidence into the public record. One of the advantages of such an inquiry. The issue is not dead. I hope you find that comforting. For your edification, criminal charges can be laid on ANYBODY.
Even you Alcan are able to lay an information charging somebody with a criminal offence. It is your right. If you are so fired up about this and other issues, go right ahead and submit an information to the prosecution having jurisdiction. Your knowledge of the legal system will probably be the better for trying.
Did you also know that you can submit a third party complaint to the Commission for Public Complains against the RCMP? If you see or read something that you have an issue with, you can submit your complaint. It is your right.
Still think Scotland Yard should be involved or has that boat sailed for you?
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I think it’s fair to say that everyone believes they should be charged even the lawyers believe it or they would not be fighting to keep them from being charged…. so I think it’s fair to go ahead and charge them.
About the Provinces not having the right to charge them I think it’s hog wash because when they are faced with issues at the Federal level they say they are employed by the provinces and when they are faced with issues at the Provincial levels they claim they are Federal officers all I see here is they are a nuance and the book says that a double minded man is unstable in ALL HIS WAYS.
I didn’t know when I was reading the book that the book was talking about the RCMP… they will use anything to through confusion in the picture and I bet the are a bit nervous right now because they are REALLY scared of CASE LAW…. if this happened right now that those 4 RCMP officers were to be charged – they would have to do business in this country differently after that day.
I say charge them and let them fix their own problems and then tell the others to do their jobs in a professional manner like everyone else here in Canada.
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