Jim Bronskill, Ottawa (Canadian Press) – The watchdog over the RCMP is urging the police force to clearly tell officers not to hog-tie people after finding the generally forbidden technique was used in 40 per cent of cases in which someone died after being hit with a Taser stun gun.
A new report by the Commission for Public Complaints Against the RCMP also reveals “a number of instances” among the 10 deaths where members who fired the Taser were not certified to use the powerful weapon.
The hog-tie involves binding both the hands and feet behind a person, then linking them with rope or other such restraint.
The report recommends the Mounties better train officers on identifying, dealing with, and using force on the mentally ill and those with drug and alcohol problems.
“Many of the individuals had pre-existing medical conditions and a significant number of individuals were confirmed to have had a history of mental health problems,” says the report by complaints commission chairman Ian McPhail.
It also advocates detailing all deaths in police custody in a national database, which could improve understanding of risk factors and prevent future fatalities.
The Canadian Press obtained a copy of the commission’s interim report, completed in late July, under the Access to Information Act. A final report will be issued following feedback from RCMP Commissioner William Elliott.
Tasers can be fired from a distance, felling suspects with high-voltage bursts through sharp probes that dig into the skin, overriding the central nervous system. They can also be used up close in touch-stun mode, likened to leaning on a hot stove.
In an effort to see common threads, the commission looked at the 10 cases, spanning 2003 to 2008, in which someone died in RCMP custody after a Taser had been used. Six of the deaths occurred in British Columbia, with one each in Alberta, New Brunswick, Nova Scotia and Yukon.
The commission examined 50,000 pages of material related to the cases to come up with “a very general overview” of the people who died, namely:
• A male who was initially unarmed;
A suspected or known user of a drug, most often cocaine;
Highly agitated; and
With pre-existing medical conditions, most likely cardiovascular in nature.
The use of the Taser most likely involved a police response to a disturbance call, was fired in both touch stun and probe modes, and involved three to four members.
The complaints commission generally found that relevant Taser policy was followed. But it noted the hog-tie was “still being readily used” to restrain people after stun gun firings despite being prohibited by the RCMP in 2002 with only specific exceptions.
The report says given that a number of autopsy reports listed body position as a preceding circumstance or contributing cause of death, the RCMP “ought to ensure that members understand the potential impact of using prohibited restraint mechanisms.”
It recommends the RCMP “develop and communicate to members clear protocols on the use of restraints and the prohibition of the hog-tie, modified hog-tie and choke-holds.”
The commission also found the RCMP’s “In-Custody Death” form — intended to capture information about the circumstances of a fatality — was not completed in eight of the 10 cases.
A separate Mountie Taser use form was filled out in seven cases, but many were completed “a significant time after the incident.
In addition, the information on file was often too limited to determine what officers did to try to de-escalate confrontations.
Continued employment of the hog-tie and the fact a number of officers weren’t qualified to use a Taser are reasons for concern, said Hilary Homes of Amnesty International Canada.
“I think this is a good example of why you need to have strong minimum standards.”
David Eby, executive director of the British Columbia Civll Liberties Association, wondered why it took an Access to Information request to dislodge the report. “This is important information that should be available widely.”
The RCMP said it would be inappropriate to comment on the interim report before the commissioner’s formal response is sent to the complaints body.
In May, the Mounties introduced a new Taser policy, saying they would fire stun guns at people only when they’re hurting someone or clearly about to do so.
The directive mirrored a recommendation from former judge Thomas Braidwood, head of a B.C. public inquiry on Taser use prompted by the 2007 death of air passenger Robert Dziekanski at the Vancouver airport.
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So when the three RCMP officers, one being FRASER MACAULAY took on the former Commander from New Brunswick in Ottawa, Commissioner Zarcardelli, was he not for his part promoted to CHIEF SUPT. FRASER MACAULAY to make it looked like he was honored, but tell me where is he now for doing what was right….. home?
While the former Commissioner who retired after the Arar 10 Million blunder here in Canada now works for Interpole.
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In your time perhaps a rule, in modern times, much less of a rule. Lots of investigations are started as a result of their own officers reporting unacceptable behavior.
DT.
Have you forgotten the people and the below incident?
DENISE REVINE
CHIEF SUPT. FRASER MACAULAY
STAFF SGT. MIKE FRIZZELL
High cost of whistleblowing – RCMP Watch
30 Jun 2007 … High cost of whistleblowing. Tonda MacCharles, Toronto Star … Fraser Macaulay, who took up her concerns, were sent packing as a result. …
You say “MUCH LESS”
I SAY “LIKELY”
I guess it all depends if your hanging on the cross or banging in the nails.
Calvin Lawrence
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All this hog-tied stuff makes me think of a rodeo at the Calgary Stampede and the animal advocates screeming that it should stop because it’s flat out abuse.
So I wonder what our civic rights are when we think of people getting hog-tied and 40% of them dying. That’s almost 1/2 if you go by they system of counting and I bet that could be approved some.
Well at least the calves don’t die; maybe they are better regarded than humans here in Canada.
I like the disclaimer they use in movies; no animal has been injured or has died while making this movie. In the case of police, they have probably outlawed such disclaimers.
Any how they can’t say it so why even bring it up.
Let me mention it again, No one to my knowledge has died here in Canada lately and that is great news. So if this is now stopped does this mean it was out of hand?
Accountability only assures that there will a reduction of abuse. It’s not a disciplin boys and girls it’s protection all around and wise to do it this way.
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I would like to see this police force and others across Canada adopt a serious policy of encouraging members to come forth with needed information with regards to police policies and illegal activities being witnesses by members.
RMR
The above may look good as policy or to someone who does not understand police culture. The reality is the following:
1. If members lies about an incident then they have violated their oath or in some cases the criminal code. Not the right decision.
2. If members tell the truth about an incident they do make the right decision but will be ostracized or covertly attacked by members of the organization. Right decision but likely a career ending move.
3. Members can remove themselves from a situation. This would violate their oath and possibly the criminal code.
4. Members can stop the offending members in their tracks even if they have to use physical force. This should have been the case in the cell block assault by the RCMP member.
Not much of a choice. Welcome the real world of policing.
Calvin Lawrence
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I wonder if they prepare cases like they keep stats on their actions when people die in their custody?
Then if they have already been told NOT TO HOG-TIE PEOPLE are dying with this generally forbidden technique used in 40 per cent of cases, after being hit with a Taser stun gun and they don’t listen, what makes anyone logically think they will eventually get it.
I think if they have already been told not to and they still do then do something about it or close that Complaints Department against the RCMP because it’s useless to stop the abuses of powers and the deaths.
How can someone really defend this force in good conscience when they are so disobedient to departments created and funded with tax dollars to help them supposedly manage and get out of their messes?
How can they refuse to listen to logical advice and to their own leadership when there’s such a disrespect and uncaring approach projected against the safety and security of the people they are called to serve? I would also add that this could cause some concerns and fears, that there might be very little that can be done with this force in this hour which could cause some huge legal actions in the future if this is not embraced along with other inquiry findings.
I would like to see this police force and others across Canada adopt a serious policy of encouraging members to come forth with needed information with regards to police policies and illegal activities being witnesses by members. These members are vital in curbing and averting added criminal, legal and civil issues the force might be facing and if this fails to be corrected or adverted, policy should be in place to terminate those individuals from the force.
I’m not at all in support of those members who have the power to label those members coming forward Whistle Blowers and further in danger and affect their lives in a negative way on the force.
I would like to see the forces more accountable not arguing the complete opposite.
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