Vancouver, B.C. (Vancouver Sun) – The Braidwood inquiry into the death of Robert Dziekanski after he was Tasered at Vancouver International Airport in 2007 does not have the authority to issue findings of misconduct against the four RCMP officers involved, B.C. Supreme Court was told Friday.
Ravi Hira, lawyer for RCMP Const. Kwesi Millington, who used the Taser on Dziekanski, told the court: “It (the inquiry conducted by retired judge Thomas Braidwood) was confined to the circumstances of and relating to his death.”
Hira argued the inquiry got off track. “The focus of the inquiry quickly became the conduct of these four officers.”
David Butcher, lawyer for RCMP Const. Bill Bentley, argued previous precedents found that public inquiries cannot issue misconduct findings.
“The attempt to find misconduct intrudes into the administration of the force,” he told the court.
A dozen lawyers filled the courtroom for the proceedings Friday. The justice presiding over the hearing, Arne Silverman, told the court he wants to hear all arguments Friday and would issue a ruling first thing Monday morning.
Outside the courtroom, the lawyer for Dziekanski’s mother said Braidwood should be allowed to issue findings of misconduct if Braidwood deems they are warranted.
“The Public Inquiry Act says you may make findings of misconduct in a public inquiry,” said Walter Kosteckyj. “What the RCMP wants is a simple record (of what happened to Dziekanski). We don’t need an inquiry just to get a simple record.”
The inquiry was ordered by the attorney-general after a public outcry over the Tasering incident. An amateur video shot by a bystander, Paul Pritchard, was released and posted on YouTube, attracting international attention.
The Crown decided in December not to charge the officers with any criminal offence.
Dziekanski died at Vancouver International Airport after 1:30 a.m. on Oct. 14, 2007, after he was Tasered five times by police, who responded to a 911 call about a possibly drunk man throwing luggage and furniture around.
Seconds after four police arrived, one of the four RCMP officers Tasered the Polish man five times. He died at the scene.
Dziekanski, 40, had left Poland more than 24 hours earlier and was unable to find his mother, Zofia Cisowski, at the airport.
The mother had told her son to stay by the baggage carousel, but she didn’t realize it was in the international arrivals, a secure area of the airport not accessible to the public.
Cisowski waited for hours at the airport and finally returned home to Kamloops when officials were unable to locate her son, who came to Canada to live with his mother.
Dziekanski, who spoke no English, spent about 10 hours at the airport.
You know MS, when you opined they should revert back to the previous name, it struck me that the new names for things are somewhat Orwellian no? 1984 came directly to mind.
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In my opinion as usual; just through money at the problem they have access to lots of it and distance yourself just in case it back fires….
But who’s going to put his neck out for ROBERT when they have put theirs out already for the RCMP and tried to sell Canadians that the RCMP are above board on all issues and to just trust them.
This inquiry has shown us that we can’t believe A WORD they say and many more cases should be reviewed where it’s been white washed by their own investigation departments accross Canada as Justice must be one and not only done but SEEN to have been done also.
Here it’s clear in B.C. it’s neither.
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Well, the media did seem to focus on the actions of the four officers in question rather than the other aspects of this inquiry but representatives of YVR, the CBSA, Taser International and others were all on hand to answer the good Justice’s queries.
As Social Critic pointed out in a comment about another news story regarding this issue, the lawyer’s representing the four officers involved are doing their job in defending their clients interests. We will see how successful they are.
I also note that both the RCMP and the federal Ministry of Public Safety and Emergency Prepardness (god, I wish they would just go back to calling it the Ministry of the Solicitor General) were not on hand for this and have distanced themselves from the four officers and their legal representation.
Its that old Chinese curse, we are definately living in “interesting times.”
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Wolves bite, fight and kill in packs, they are wild dogs who love the high places where they can watch over others, they love to be recognized for their achievements but hate corrections and discipline, they surround their prey and usually they choose someone weak (poor) not someone strong to attack because they are unable to defend themselves.
It’s a war out there between the good and the bad and it’s hard to know who’s who right now because both sides are covert, disguised and are crazy.
Even though they wear a uniform today it doesn’t mean you are safe.
Some at the inquiry had enough of the ingenious and deceptive testimony and spoke out in truth while others kept it up right to the end… there should be a huge difference between a criminal out there on the street who make it a living to lie, steal, kill and destroy and our paid personel and until we take action nothing will ever change but it will get worst.
It’s easy to wead them out; all you do is listen to what they say and what they do and if it’s not consistant then get rid of them before it cost you something you can’t afford or won’t pay…. be leaders and lead don’t be wimps when it comes to your own kind it’s not very pretty you know to favour one over the other.
I think the definition of JUSTICE should be modified to fit the times because it can’t posibly be right.
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The inquiry got off track?
“Why was the focus of the inquiry about the four officers?” Maybe because it should have been…
David Butcher, argued previous precedents found that public inquiries cannot issue misconduct findings. Inquiries are the last resort to get they off not to see them held accountable and that should change right now and no one cares about what happen before because it’s all a farce.
“The attempt to find misconduct intrudes into the administration of the force?”
That’s to bad it’s time someone intruded and did it before someone else gets killed and they walk away…. The general public don’t have this right so why should police.
It’s time for change and the time is now….
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