Tiffany Crawford (Vancouver Sun) – The company that makes Tasers has lost its legal bid to quash a high-profile report that found the weapons can kill.
The British Columbia Supreme Court on Tuesday dismissed a legal challenge by Taser International to overturn results of the inquiry into the death of Polish immigrant Robert Dziekanski.
The company was trying to quash retired justice Thomas Braidwood’s findings that the weapons increase the risk of fatal heart failure.
Dziekanski, 40, died on Oct. 14, 2007, at Vancouver International Airport after being Tasered five times by four RCMP officers responding to a 911 call.
“Obviously I am very pleased,” said Braidwood, shortly after the decision was released Tuesday. “The court found there was fairness in the report for Taser International. They had full opportunity to present evidence.”
In his report, Braidwood concluded that Taser hits contributed to Dziekanski’s death.
“Conducted-energy weapons do have the capacity to cause serious injury or death,” he wrote, adding that risk increases with multiple uses, specifically when aimed at the chest near the heart.
Justice Robert Sewell found there was little evidence the commission had any serious impact on Taser International’s business. He also found no merit in the company’s argument that the report’s conclusion that conducted energy weapons can cause death was unreasonable.
“It is quite clear to me that there were presentations made to the commissioner by medical experts and others to the effect that such weapons can cause serious harm and even death in exceptional circumstances,” Sewell said, in the decision.
He dismissed the petition without costs.
Taser International filed its legal challenge in 2009 after the release of Braidwood’s report, following the first phase of the public inquiry.
The company contends that a significant body of evidence delivered to the commission to support the safety of the conducted energy weapon was ignored by the inquiry.
Taser lawyer David Neave argued that company officials submitted 174 academic and medical articles but Braidwood only referred to 60 in his report.
He also said that the conclusions and recommendations in the Braidwood report would put law enforcement and Canadian citizens at risk.
The second phase of Braidwood’s inquiry focused on the circumstances of the death of Dziekanski, who had been immigrating to Canada to live with his mother.
After a 20-hour flight from Poland, he had to spend another 11 hours in the international arrivals area of the airport. He was unable to contact his mother, who had been waiting for him in another area.
Following a brief confrontation with the RCMP officers, he was repeatedly Tasered and died.
His death, which was captured on video by a bystander, led to international outrage.
Braidwood ruled the officers’ use of the weapon was not justified.
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I think the judge was way to easy on them.
When we look at the actions of the officers and the cost of all of this on Canadians, it troubles me to see that all they seem to be focused on, was their image and their future sales and in no way do they seem to be concern in the least for the people dying after their weapons are deployed.
Where’s John Wayne when you need him?
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