Raphael Alexander (National Post Editorial) – The four RCMP officers who gained national, and even international, attention when they tasered and restrained Polish immigrant Robert Dziekanski, events which preceded his death, are now asking a British Columbia Supreme Court judge to stop the inquiry from finding fault in their actions.
The Braidwood public inquiry, so known after the Commissioner, Tom Braidwood, began on January 19, 2009, and has interviewed scores of witnesses and heard a lot of testimony, including the contradictory statements of the RCMP officers themselves. The inquiry is set to make closing submissions on June 19, 23, and 24. The officers at the centre of the inquiry are fearful that Mr. Braidwood will make any findings of misconduct against them:
“We say he (Braidwood) doesn’t have jurisdiction to make findings of misconduct because it’s a provincial inquiry and these are federal officers,” said David Butcher, the lawyer for Const. Bill Bentley, the first officer to face Dziekanski at the airport on Oct. 14, 2007.
I find it reprehensible to think that the officers, who have already been exposed publicly for making very serious and severe errors in the Dziekanski case, would try to escape the possibility that they could be blamed for their actions. Public and support for the RCMP has already suffered greatly due to this inquiry, whether it be the dubious reasons given for the level of force used against the victim; the alleged “weapon” he was holding; the failure to administer CPR; the multiple taser blasts; the extensive use of that force; the list truly goes on and on and on. And now, to think that the police will try to escape blame by asking the B.C. Supreme Court to block any finding of misconduct before there has even been a ruling, is really a new low for the entire proceedings. To argue the validity of the Braidwood jurisdiction at the last possible moment is tantamount to a person walking out on a game when he faces checkmate on his next move.
It’s a rather nasty little game to play now, arguing that RCMP officers are not subject to provincial jurisdiction because they are a federal police force. When the officers responded to the call, they obviously did so under the jurisdiction of the province they serve in. If it were otherwise, provincial courts would never be able to hold matters of justice pertaining to federal officers. Unfortunately, such a move has typified what one has come to expect from the federal police force in this case.
The reason the RCMP are suddenly concerned about jurisdiuction is based on the fact that on April 30, the lawyer for Constable Kewsi Millington found it is possible under a Public Inquiry to make a finding of misconduct against a person. All four officers were cleared of criminal wrong-doing by British Columbia’s Criminal Justice Branch, but findings of misconduct could lead to further actions against the RCMP and the officers in court. It seems certain they are doing everything to avoid ever having to admit any wrong-doing.
National Post
Firstly, maybe you should look at CATSA and the CBSA who allowed Dziekansi to be in the arrivals for over 9 hours or look at the video and see him barracading the door or throwing computer gear and realize he was aggravated. Quit blaming the cops since they were just doing their jobs.
Secondly, what the lawyers are doing, they are doing because they are lawyers. It is legal manuvering that any lawyer would do if they were representing you or anyone else.
Lastly it was not murder and they didn’t kill the person. It was an unfortuneate incident that occured but it was not intentional and the physiological condition of stress after many hours in the arrivals area is what really killed him. Stress response as a result of long term fight or flight (adrenalin) will shut down parts of the body to maintain the stress response.
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Fair comment by the National Post. However, remember that the public has basically decreed that it is your God given right to be a police officer, regardless of a number of factors, as witnessed by the inclusion of pretty well anyone for any job. The law of unintended consequences.
In years past, more than two speeding tickets disqualified you from employment with the RCMP. Color blindness of any degree also disqualified you. Poor vision disqualified you. Speech defects disqualified you. Being a woman disqualified you.
The question that needs to be asked is where do you draw the line in employment standards for specific jobs? Where will it be drawn in 20 years? Will convictions for drug trafficking be allowed if marijuana is ever decriminalized? The contribution of personal integrity to employment standards negated?
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In my humble opinion; When we say the game is fixed or rigged we are not talking about Los Vegas anymore.
Even before the party was called; the HOST of the PARTY the RCMP made the B.C. government promise not to charge any of their own…. dah! they must of known even back then that someone was guilty of something.
They asked them to put up all the decorations in such a way that it would look good for them, supplied a guest list and tried once again to control the occasion to SHOW once again to they NAIVE PUBLIC the fine work they do today.
If you can’t fix the reports, the statements, the media and the public, just call a public inquiry it’s a party and everyone is suppose to go home happy, except the victims and the dead people that is.
But the party had invites that were not suppose to be there that blew up the plans and took it to the truth instead…. that guest was the Polish Lawyer representing their polish citizen Robert and now the RCMP are grumbling once again trying to fix one of their many messes by appealing to the B.C. government not to charge thos Four RCMP members.
If this is allowed to take place I think it’s time to through out the court cases, open the doors of our prisons because the laws of this land has become once again a big joke and nothing about this JUSTICE SYSTEM is just anymore.
Since when killing a person is called justifyable and all those expenses valiadated when the video is proof enough or was it in the scope of interest all along to let those four go.
This is a mokery to our JUSTICE SYSTEM and a dishonor to our NATION.
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From comments at National Post:
What we don’t hear, but must exist is severe internal dissent from honest RCMP officers.
This matter is a complete insult to them and negates ALL of their efforts to honestly do their jobs, earn and maintain the respect of Canadians. No self respecting police officer should have to suffer incompetents, criminally negligent officers in their midst. They NEED to earn our trust, to do their jobs.
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IMO, during the entire Dziekanski affair, each time the RCMP leadership has been challenged to choose between honorable action or devious and disingenuous behavior, honor has been given last place.
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