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JANUARY/FEBRUARY 2024
SUPPLY & SERVICE GUIDE
2024
COVER STORY
Decriminalization in action Perspectives on B.C.’s changing drug laws after one year p. 10
BEHAVIOURAL SCIENCES
OUT OF THE COLD
Police corruption: Part 1 p. 20
Can DNA solve the 1976 murder of Rhona Margaret Duncan? p. 28
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10 COVER PHOTO: TWO VANCOUVER POLICE DEPARTMENT CONSTABLES WALKING THE BEAT ON EAST HASTINGS STREET IN VANCOUVER DOWNTOWN EASTSIDE. CREDIT: VANCOUVER POLICE DEPARTMENT
Contents
January/February 2024 Volume 36 Number 1
Features
4 8 18 20 26 30
Editor’s Commentary Q&A Case Law Behavioural Sciences Health & Wellness Back of the Book
Departments
COVER STORY
10 Decriminalization in action
Perspectives on B.C.’s changing drug laws after one year. By Brittani Schroeder.
14 Indigenous police services fight for funding equality A look into the 2023 funding crisis. By Brittani Schroeder.
Columns
5 5 6 6 28 29
News By the numbers Dispatches Calendar Out of the Cold Marketplace
16 Vulnerable Person Registries
A promising solution for reducing risk. By Thomas Leydier.
14 @Blue_LineMag
14 16 January/February 2024 | BLUE LINE
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EDITOR’S COMMENTARY BY BRITTANI SCHROEDER
www.BlueLine.ca
Looking at drug decriminalization
W
elcome to 2024! January In this month’s cover story, I had the marks the beginning of opportunity to speak with Fiona Wilson, an exciting year for Blue Deputy Chief at the Vancouver Police DeLine and, by extension, partment and President of the British you as its readers. Columbia Association of Chiefs What do we have ahead of us, In January of Police (BCACP), and Neil you might ask? This year, we will 2023, British Dubord, Chief of the Delta Police be looking at a wide range of Columbia was Department, about what they topics that are important to you the first have seen over the last 12 months as members of law enforcement, Canadian in B.C. This includes the recent highlighting the achievements of province to Supreme Court action concernyour agencies, and connecting decriminalize ing Bill 34, Restricting Public Conwith you through new, meaning- small sumption of Illegal Substances Act, ful ways. Some of the topics we’ll amounts of that took place on Dec. 29, 2023. be focusing on this year include illicit drugs. Deputy Chief Wilson and Chief technology and innovation, interDubord also shared key takeaways operability between first responders, refrom their perspectives over the past year, cruitment, training, diversity in policing, and these will be important to remember gear and firearms. In 2024, we’ll also be as other provinces begin to consider the hosting five events: OACP & Blue Line pros and cons of running a similar pilot Expo, Mar. 26 in Ottawa, Ont.; three Secprogram in their jurisdictions. You can find urity • Police • Fire Career Expos, happenthe full story on page 10. ing in Toronto on Mar. 27, Vancouver on As we begin this new year, please reach May 16, and Edmonton on Oct. 29; and out to me at any time if you believe that Policing in the Digital Age: A Virtual Tech there is a topic that you think we should be Symposium, taking place Oct. 3. talking about or a new program that your For the first 2024 print edition, I wanted police service has started. I can be reached to look at a topic that has been the subject at bschroeder@annexbusienssmedia.com. of many conversations across Canada over Until next time, happy reading and be the last few years, and that is drug decrimwell. inalization. In April 2016, British Columbia’s provincial health officer declared a public health emergency under the Public Health Act, due to the high number of overdoses occurring. Over the following seven years, overdose numbers continued to rise. In 2020, mandate letters were given to B.C.’s Ministers of Social Development and Poverty Reduction, Housing and Public Safety, which emphasized the pressing need for a “made in B.C. solution” to confront the overdose crisis. In Jan. 2023, B.C. was the first Canadian province to decriminalize small amounts of illicit drugs. This three-year pilot program not only affected the public but law enforcement as well.
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NEWS The Leadership Development Program will complement the existing leadership, supervisory, and other management and executive training offerings provided through the Windsor Police Service’s Training Centre and other external institutions, including the Ontario Police College and Canadian Police College. PHOTO CREDIT: SAINT JOHN POLICE FORCE
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Two new canine teams join Saint John Police Force
Windsor Police Service launches leadership development program in partnership with University of Windsor
The Saint John Police have proudly announced two new highly skilled canine handlers and their partners, Cst. Mike Jackson with PSD Maverick and Cst. Scott Boyles with PSD Arlo have completed their training program and have begun serving the community. The teams will join the ranks of the Saint John Police K9 Unit, working alongside existing members, Cst. Peter Haslett and PSD Diesel. The teams underwent an intensive training period which included obedience, tracking, search and rescue techniques, suspect apprehension exercises, and drug and firearm detection. Their preparation ensures that they are equipped to handle a wide range of situations. “We are proud of the handlers’ dedication and the bond they have built with their canine partners during the training period. Together, they will provide invaluable assistance in maintaining law and order and upholding public safety,” said Chief R.M. Bruce. The exceptional abilities of these canines, coupled with the expertise and experience of their handlers, make them a valuable asset to the Saint John Police. The teams will be instrumental in various critical operations, such as tracking suspects and missing persons, detecting illicit substances, and ensuring the safety of officers and the public during high-risk situations.
The Windsor Police Service and the University of Windsor recently introduced the Windsor Police Leadership Development Program. This program aims to equip leaders within the Windsor Police Service with practical tools, competencies and training to excel in their careers and effect transformative change both within its organization and in the broader community. A focus was placed on enhancing communication and coaching skills, learning how to manage conflict and organizational change, developing strategies for fostering teamwork and excellence in the workplace, and more. “As a service, we are committed to pursuing continuous improvement and developing an effective workforce,” said Deputy Chief of Operational Support Frank Providenti. The program kicked off with the Emerging Leader Course, which was delivered in October 2023. This initial course leveraged a multidisciplinary curriculum developed by the University of Windsor’s Continuing Education Centre to engage up to 25 participants comprising both uniformed officers and civilian professionals. The first session will be followed by the Executive Leadership Course, which is tentatively scheduled for Spring 2024.
VicPD recovers over $29,000 in stolen merchandise during Project Lifter
Victoria Police Department (VicPD) officers made 109 arrests and recovered over $29,000 in stolen merchandise during an eight-day retail theft crackdown. From Nov. 27 to Dec. 5, officers from VicPD’s patrol, outreach, and general investigations divisions worked with retail loss prevention staff to identify and arrest violent and chronic shoplifters at various stores in Victoria. “The results of this project are staggering, and clearly indicate that even though there has been a decline in shoplifting reports, retail theft continues to be a huge problem in our city. VicPD is committed to continue addressing this problem, in partnership with our community, and helping people feel safer,” says VicPD Chief Del Manak. Project Lifter highlights included 109 arrests; four individuals were arrested multiple times throughout the project. Of the 109 individuals, 21 had outstanding warrants. In total, those arrested had 1,103 previous criminal convictions, including 186 violent offences. The operation was funded by the Special Investigations and Targeted Enforcement (SITE) program – a three-year pilot aimed to increase police capacity to collaborate on new initiatives and supplement police resources for targeted enforcement on addressing violent, repeat offending. The funding for SITE comes from the Provincial Government’s Safer Communities Action Plan.
BY THE NUMBERS In November 2023, Statistics Canada released recent data on homicide in Canada, 2022. For more information, please visit www150.statcan.gc.ca.
874
homicides were reported by police in 2022, an increase of 8 per cent.
@Blue_LineMag
41 % of all homicides were firearm-related.
90
youths were accused of homicide in 2022, an increase from the previous 10-year average of 39.
27% of victims were identified as Indigenous.
January/February 2024 | BLUE LINE
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NEWS DISPATCHES Treaty Three Police Service has selected Cheryl Gervais as the new Chief of Police. Gervais is a dedicated law enforcement professional with over 20 years of experience. As a community member of Iskatewiizaagegan No. 39 Independent First Nation, Chief Gervais brings a wealth of knowledge, experience, and a commitment to upholding the values of the police service and community. Regina Police Service has welcomed Farooq Hassan Sheikh as chief. He comes from the Alberta Sheriff’s Service where he’s held the position of chief since 2021. Chief Sheikh has over 31 years of experience in law enforcement, serving in senior leadership roles for the London Metropolitan Police and West Midlands Police in the United Kingdom and as a member with both the Calgary and Central Saanich Police Services. Halifax Regional Police Chief Dan Kinsella officially retired Sep. 15. Chief Kinsella began his policing career in 1986, and before becoming Chief in July 2019, he served for 33 years with Hamilton Police Service. “Serving as a police officer has been an incredible honour, and leading HRP in the role of Chief has been a highlight of my career,” said Halifax Regional Police Chief Dan Kinsella. The Windsor Police Services Board has appointed two new deputy chiefs, Jason Crowley and Karel DeGraaf. DC Crowley has been with the Windsor Police Service for 30 years, and his experience includes various roles in critical incident command, investigations, tactical response services, patrol services, and the Repeat Offender Parole Enforcement (ROPE) squad. Acting DC DeGraaf has been with the Windsor Police Service for 28 years, and has served in investigations, property crimes, tactical response services, and ROPE. Most recently, he served as Acting Superintendent of Patrol Services.
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BLUE LINE | January/February 2024
CALENDAR Halifax Regional Council has appointed Don MacLean as the Acting Chief of Police. MacLean, who was previously Deputy Chief of Operations, assumed the position on Sept. 16. MacLean began his policing career in 1993. MacLean served as the first Diversity Officer for Halifax Regional Police from 2004 to 2006 and went on to become the Executive Officer to the Chief and later the Human Resources Officer. Insp. Beth McAndie has stepped up to lead the RCMP in Penticton, B.C. McAndie previously served as the Investigative Services Officer within Kelowna RCMP, and as an Insp. within Surrey RCMP’s Major Crimes Unit. She’s been a serving officer for 26 years. It is with great sadness that Stl’atl’imx Tribal Police Service (STPS) announces the sudden passing of Sgt. Michael Leo. Sgt. Leo passed away suddenly in Mount Currie, B.C., on Oct. 13, 2023. Sgt. Leo was one of the original founding members of the STPS, having completed 34 years of service to the community when he passed. Metro Vancouver Transit Police has appointed Bryce Graham as Deputy Chief Officer, Administrative Services. In his role, Deputy Graham oversees Finance, IT, HR, information management, recruitment, training, facilities and fleet. Throughout his career, he has worked as a constable, detective, staff sergeant, and in various units. In 2022, Deputy Graham was promoted to Inspector, Administrative Services and has recently been Acting Deputy Chief Officer, Administrative Services. Sault Ste. Marie Police Service congratulates Deputy Chief Robert ‘Bob’ MacLachlan on his retirement. Hired in 2019, MacLachlan’s contribution to the Sault Police is immeasurable. With more than 40 years of policing experience, Sault Police is fortunate to have benefited from MacLachlan’s knowledge and
Ontario Association of Chiefs of Police 2024 AWIP ON Conference Date: Feb. 13 – 16, 2024 Location: Mississauga, Ont. oacp.ca Employment Conference and CSPA Summit Date: Feb. 26 – 28, 2024 Location: Toronto, Ont. pao.ca/event/employment-conference OACP & Blue Line Expo 2024 Date: Mar. 26, 2024 Location: Ottawa, Ont. bluelineexpo.com Security • Police • Fire Career Expo – Toronto Date: Mar. 27, 2024 Location: Toronto, Ont. emergencyservicesexpo.ca Northeast IAATI & CASIU 51st Annual Vehicle Crimes Conference Conference Date: May 6 - 9, 2024 Location: Mississauga, Ont. vehiclecrimesconference.com experience to further the service’s initiatives, both internally and externally. Toronto Victim Services Facility/ Trauma Support dog, Dandy, is retiring after seven years of service. Dandy was Victim Services’ first facility/trauma support dog and worked hard at supporting victims of crime and sudden tragedies. She helped over 350 witnesses and was the recipient of the Ontario Women of Law Enforcement Teamwork Award. The Delta Police Department (DPD) announced the passing of a retired family member, Caber, who was Canada’s first Victim Services Justice Facility Dog. Caber provided nine years of service to the DPD, working to support over 2,100 victims of crime and trauma. PROMOTIONS, RETIREMENTS, RECOGNITION • If you have an officer in your agency recently promoted or retiring or an individual you wish to have recognized (major award or recently deceased) you can let Blue Line magazine know by emailing: bschroeder@annexbusinessmedia.com.
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Q&A Editor Brittani Schroeder spoke with Senator David Richards, the Chair of the Senate Subcommittee on Veterans Affairs, about a recent study conducted on psychedelic therapy and how it may aid military veterans. Q: Can you tell us about the study?
Q: There are many different types of therapies and medications out there for veterans already. Why was it important to look at the use of psychedelic-assisted psychotherapies?
Military- or combat-related PTSD does not often respond well to conventional treatments like psychotherapy and slow-acting antidepressants. In fact, those treatments can make things worse. However, the emerging evidence around psychedelics — such as psilocybin (magic mushrooms) and MDMA — shows promise. 8
BLUE LINE | January/February 2024
to help treat depression — in one study 30 per cent of patients were in remission by just the third week of taking the drug — and it is being studied as a PTSD treatment.
Q: Other countries have started studying this type of therapy already. What has been learned from those that have begun the research process? Senator David Richards
But in Canada, legal restrictions on these substances greatly limit access to psychedelic-assisted therapy. Large-scale clinical research is currently the only way to make this treatment accessible to veterans who have exhausted all other avenues. As a subcommittee, we believe that Canada should explore every possible option to help our veterans get treatment that works. We owe it to them.
Q: What does the use of these substances in therapy potentially offer to veterans that other therapies currently do not?
Existing therapies are gruelling and often ineffective. In exposure therapy, for instance, the patient is forced to relive the traumatic event over and over again in the therapy room. The idea is that, eventually, the patient is desensitized to the trauma. But it’s extremely difficult for the patient and the dropout rate is high — about half. There are only two kinds of medication approved for PTSD treatment. The drugs are what are known as “selective serotonin reuptake inhibitors,” which are slow-acting anti-depressants. It can take weeks or even months before any therapeutic benefit is seen, and the side effects can be very nasty. Even then, about 40 per cent of patients don’t respond at all to this treatment, with many others experiencing only mixed success. From what we’ve heard, psychedelics seem to be gentler and to work more quickly. MDMA-assisted therapy, for example, can quickly facilitate the creation of a strong bond with the therapist and it seems to help process trauma. Psilocybin appears
Preliminary studies have yielded promising results. The U.S. Food and Drug Administration has designated psilocybin and MDMA as “breakthrough therapies” and the U.S. Department of Veterans Affairs has conducted clinical studies to determine whether this type of psychotherapy should be available to veterans experiencing treatment-resistant symptoms. In July 2023, Australia authorized psilocybin-assisted therapy in the treatment of cases of depression that are resistant to other treatments, and MDMA-assisted psychotherapy for the treatment of PTSD. Despite this emerging evidence, we cannot wait for the results from other countries because we would still need our own research to confirm the effectiveness of these treatments. Unfortunately, Canada has adopted a “wait-and-see approach” that is failing veterans struggling with major mental health problems.
Q: What is the goal of the recently released report?
We are urging federal, provincial and territorial governments, as well as the Canadian Institutes of Health Research, to immediately launch and fund a large-scale research program on psychedelic-assisted therapy. Right now, we really need to know more so informed decisions can be made about the most appropriate treatment for veterans with PTSD and other mental health problems. There’s still a lot that we don’t know about psychedelic-assisted therapy — but if it proves effective, we want veterans to have access to it. The statistics we outlined in your first question show clearly that the current approach is just not good enough. www.BlueLine.ca
PHOTO CREDIT: SENATE OF CANADA
The Senate’s Subcommittee on Veterans Affairs was deeply concerned by the alarming rates of suicide and mental health disorders among Canada’s veteran populations. Canada’s veterans die by suicide at a much higher rate than any other Canadian — 50 per cent higher for male veterans, 200 per cent higher for female veterans and 250 per cent higher for male veterans under the age of 25. The mental health rates for these demographics are also distressing; about 10 to 15 per cent of Canadian veterans have been diagnosed with posttraumatic stress disorder (PTSD). Veterans Affairs Canada offers different therapeutic programs and medications, but it’s clear that too many veterans are still struggling. We launched a study on psychedelic-assisted therapies with the hope that we could help find an alternative solution for our veterans. While we didn’t look specifically at law enforcement in this study, some of the factors that complicate treatment of veterans can also affect police. Former senator and retired general Roméo Dallaire told us about the concept of “moral injury.” Moral injury can occur when soldiers face ethical dilemmas, like whether to take a life. Police officers thrust into dynamic situations sometimes must make difficult decisions where death and injury can result. In that sort of situation, the consequences to the officer’s mental health would likely be similar to what a soldier might experience.
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COVER STORY
Decriminalization in action Perspectives on B.C.’s changing drug laws after one year By Brittani Schroeder
when paramedics or fire fighters request them due to there being reports of violence or suspicious circumstances. In 2017, the VPD published “The Opioid Crisis, the Need for Treatment on Demand”, a report that included a call for expanded drug treatment services from the federal and provincial governments and additional funding for evidence-based addiction treatment. In 2019, the VPD published another report, “A Journey to Hope”, where they advocated for prescribed safe supply. In 2020, while he was the president of the Canadian Association of Chiefs of Police (CACP), VPD Chief Adam Palmer came out and supported the notion of decriminalization. In 2020, mandate letters were provided to Sheila Malcolmson, Minister of Social Development and Poverty Reduction, David Eby, Premier (Minister of Housing at that time), and Mike Farnworth, Minister of Public Safety, that underscored the urgent necessity for a “made in B.C. solution” to confront the overdose crisis. In responding to this mandate, B.C. officially began working on this initiative and subsequently requested an exemption from the Controlled Drugs and Substances Act through Health Canada for a three-year decriminalization pilot project. “The decision to decriminalize small amounts of illicit drugs had a clear purpose: to shift the perception of drug use from a criminal offence to a public health concern with a primary focus on saving lives,” said Delta Police Department’s (DPD) Chief Neil Dubord.
Though decriminalization may sound simple, it’s a very complex issue that requires careful planning, collaboration and a strong support infrastructure. 10
BLUE LINE | January/February 2024
It was hoped that decriminalization would reduce the stigma around drug use and minimize police interactions with drug users, which are essential steps serving the larger goal of saving lives by connecting them with lifesaving services amidst the toxic drug crisis. Therefore, examining the province’s overdose numbers in this context is essential, although it is recognized that long-term change takes time. “The data shows that the number of overdose deaths from January to September 2023 [1,836] surpasses the figures for the same period in 2022 [1,739],” says Chief Dubord. Producing a reduction in deaths is a longterm goal of decriminalization, which results from a societal shift in discussing drug use and reducing stigma.
Implementation challenges
As Deputy Chief Wilson says, “The devil is in the details” when it comes to decriminalization implementation. Law enforcement was consulted before the provincial government submitted their request for an exemption to Health Canada. The core planning table had representation from the CACP through Chief www.BlueLine.ca
PHOTO: DELTA POLICE DEPARTMENT
B
ritish Columbia embarked on a transformative approach to drug policy when the province officially decriminalized drugs on Jan. 31, 2023. This three-year pilot project marks a significant departure from traditional punitive measures, signalling a paradigm shift in addressing substance use. British Columbia has been in the midst of a very serious opioid crisis for many years. On April 14, 2016, B.C.’s provincial health officer declared a public health emergency under the Public Health Act. Despite this, in the seven years since, overdose deaths have more than doubled. In 2022 alone, there were 2,383 illicit drugs deaths in the province; an average of more than six deaths per day. B.C.’s path to decriminalization started in 2003 when the province opened the first government-sanctioned safer injecting facility (“InSite”) on Vancouver’s Downtown Eastside. Over the last two decades, law enforcement has been actively reconsidering its role with respect to how, when and under what circumstances they interact with people who use illicit drugs. The Vancouver Police Department (VPD) has a history of progressive drug policy, says Deputy Chief Fiona Wilson, President of the British Columbia Association of Chiefs of Police (BCACP). In 2006, they stopped attending overdose calls as a matter of routine, recognizing that their attendance was often a barrier to people calling for help. Since then, the VPD only attends overdose calls in exceptional circumstances, for example,
Mike Serr (Abbotsford Police Department, now retired), who sat on the CACP Drug Advisory Committee; the BCACP, through Deputy Chief Wilson; and the RCMP through Galib Bhayani (now retired) and Sergeant Shane Holmquist. These key members raised several concerns in an effort to address what they knew were likely to be gaps in the exemption. The first concern was in relation to the threshold amount that would be decriminalized. The recommendation to decrease from an allowable non-cumulative total of 4.5 grams, to a cumulative total of 2.5 grams, was approved by the government. “This change reflected the collaborative effort to find a balanced approach that considers both public safety and harm reduction,” says Chief Dubord. Another major point of concern was with respect to the public consumption of illicit drugs. Despite raising this concern both verbally and in writing, the issue was not addressed in the request or the final exemption. When decriminalization went live, it didn’t take long before police leaders across the province started hearing from their communities, police boards, mayors @Blue_LineMag
and city councils that there were “alarming examples of public consumption in places where it was not appropriate,” shared Deputy Chief Wilson. As part of the original exemption from Health Canada, six exceptions were included: K-12 schools, licensed childcare facilities, federal airports, Canadian Coast Guard vessels and helicopters, for Canadian Forces members in general, and in a motor vehicle or watercraft operated by a minor. The BCACP and other policing leaders continued to advocate to have more exceptions added to the exemption, and for a provincial legislative framework to address public consumption. Both have now happened, with additional exceptions to the exemption that include: being within 15 metres of a play structure, playground, spray pool or wading pool, and the introduction of provincial legislation. Bill 34, Restricting Public Consumption of Illegal Substances Act, was introduced eight months into the decriminalization pilot and was set to be enacted through regulations in late 2023 or early 2024. The Bill aims to expand the areas where illicit drug use will not be permitted and makes it an
offence if a person refuses to leave a prohibited area upon being asked to do so by a police officer. Locations that will be additionally restricted include beaches, bus stops and entrances to public doorways. On Dec. 29, 2023, B.C. Supreme Court Chief Justice Christopher Hinkson made the decision to grant an interim injunction that will prevent the Act from coming into force until at least Mar. 31, 2024. In his ruling, he said, “Centrally, but not exclusively, the act will promote more lone drug use. I accept that lone drug use may be particularly dangerous due to an absence or a diminished degree of support in the event of an overdose. When people are isolated and out of sight, they are at a much higher risk of dying.” The BCACP respects the court’s decision but was extremely disappointed by it. Deputy Chief Wilson acknowledges, based on her years of experience walking the “beat” on the Downtown Eastside, that the vast majority of people who use drugs go out of their way to avoid doing so in front of children. She says, however, “There are rare situations where a person who uses drugs does so in problematic circumstances and police need to be able to deal with those individuals lawfully when that occurs.” In the wake of decriminalization, police no longer seize illicit drugs from people who are in compliance with the exemption. This has been a significant shift in thinking and is a marked departure from historical police practice in some areas of the province. Illicit drugs under the threshold, assuming there is no evidence of an offence such as trafficking, are treated like any other property belonging to an individual. The issue of returning drugs then became a focal point of discussion, particularly regarding the complex matter of liability, Chief Dubord shared. One key concern was whether officers would be held accountable if they chose not to return the drugs, which would potentially breach the provisions of the exemption. Alternatively, there was worry about the potential consequences if officers did return the drugs and a subsequent overdose were to occur.
The officer’s authority
If a person is using illicit drugs in public, and is compliant with the exemption, in the absence of any other criminality, police officers have no authority to engage with them. In the wake of discussions across January/February 2024 | BLUE LINE
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COVER STORY
“The devil is in the details” when it comes to decriminalization implementation. Canada with respect to carding, street checks and profiling, police agencies like VPD and DPD teach their members that before they interact with a person for the purposes of executing their duties, they need to make sure they have legal authority. “With its original rollout, decriminalization took away our members’ authority to engage with a person using illicit drugs in a public place because the possession was no longer illegal. With the new legislation, authority will be brought back for police to address problematic drug use in some public spaces such as on beaches and at bus stops,” says Deputy Chief Wilson. DPD has a dedicated community navigator who plays a pivotal role in connecting individuals with the intricate human services system. The community navigator frequently assists individuals battling substance use disorder. Chief Dubord shared a recent example of a bittersweet success that involved the community navigator assisting an individual with addiction in securing a detox bed and subsequently accessing treatment. “It was disheartening to recognize that it took a lengthy five months to access this treatment, despite the individual expressing their need and willingness for help five months earlier. This delay underscores a significant gap in the foundational elements necessary to make decriminalization truly successful.”
Drug dealers and drug quality
When there is evidence of trafficking, it is still a criminal offence regardless of the amount of illicit drugs. Police resources are focused on the individuals and groups who cause the most harm – those involved in the importation, production and trafficking of illicit drugs. The bigger challenge being faced is the drug supply itself. “We have seen an increase in the toxicity of drugs over the years and, as a result, we continue to see the number of overdose deaths increase,” stated Chief Dubord. It is the toxicity that is killing people, not the quantity that they are using, Deputy Chief Wilson explains. “It’s unusual these days in Vancouver to find street-level 12
BLUE LINE | January/February 2024
fentanyl that’s not laced with other drugs such as benzodiazepines. This makes it even more difficult for people when they try to detox.”
Community services
Before decriminalization went live, there was hope from police leaders that there would be a dramatic increase in services for people who wanted to access help when they needed it. Unfortunately, that has not been the case, as it was in Portugal. In 2001, Portugal decriminalized all drugs, with the goal of treating drug use as a public health issue, rather than a criminal one. The foundation of Portugal’s initiative was treatment and recovery. In 2001, Portugal committed USD $82.7 million for drug oversight, which was reduced to USD $17.4 million over the past 22 years. This decrease in funding was driven by years of economic crisis in the country. “The challenges facing the Portugal model should not be interpreted as a failure of drug decriminalization, but rather as a call for continuous evaluation, improvement and investment to reach the best model possible,” says Chief Dubord. Deputy Chief Wilson would like to see an increase in prevention, education, harm reduction and treatment on demand in B.C., so that when people decide that they want to get clean, there are no barriers to doing that. “It needs to be accessible and it needs to be free,” she says. An estimated 68,000 youth between the ages of 15 to 24 meet the criteria for a substance use disorder, yet there are only 24 publicly funded treatment beds to serve youth. More than 100,000 individuals in B.C. are diagnosed with opioid disorders, while there are only 3,277 publicly funded treatment beds available. “This highlights a significant gap between the need for resources and what is available. Ultimately, the success of B.C.’s decriminalization pilot hinges on a comprehensive system-wide approach, encompassing sustainable funding, evidence-based addiction treatment with prompt accessibility, concurrent mental health crisis intervention and support, and of course, leadership,” says Chief Dubord.
Key takeaways
After the first year of B.C.’s decriminalization pilot, there have been many lessons learned, and key takeaways for other provinces who may be considering taking the same steps. Both Deputy Chief Wilson and Chief Dubord agreed that, though decriminalization may sound simple, it’s a very complex issue that requires careful planning, collaboration and a strong support infrastructure. “We all support the notion that we do not want to criminalize people simply by virtue of their drug use and, instead, want to direct them to pathways of health. However, the details with respect to the implementation of decriminalization are important from a public safety perspective and to the people decriminalization impacts, including people who use drugs and those who do not,” said Deputy Chief Wilson. She added that, in the planning stages, it is crucial to have people who are truly representative of the population being served: people with lived experience, people who support individuals using illicit drugs, people who do not use drugs but live and work in impacted communities and members of Business Improvement Associations. For Chief Dubord, the most valuable lessons learned included: • Establishing a comprehensive and accessible human services system, including immediate access to detox, treatment and recovery, with ongoing support services. • Implementing strong oversight and coordination at the provincial level is vital to ensure that all necessary services are in place and accountable. • Enforcing rigorous monitoring and transparent reporting to ensure accountability and inform decision-making. • Committing to evidence-based approaches so that all aspects of the human services systems supporting decriminalization are grounded in research and best practices. • Securing sustainable and flexible funding to ensure the entire spectrum of services is supported but is also adaptable to changing needs and challenges. Chief Dubord concluded, “By proactively addressing these takeaways, other provinces can navigate the complexities of decriminalization more effectively and work towards achieving the intended goals of harm reduction and improved public health outcomes.” www.BlueLine.ca
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WELLBEING FOR POLICE IN THE NEW YEAR Policing is a demanding profession, and the mental health and wellbeing of those who work in the policing industry is paramount given the ever-present stigma around first responders’ seeking help for their psychological injuries. As a new year unfolds and new resolutions are undertaken, it can be easy for police officers, other first responders, and all public safety personnel (PSP) to overlook the importance of prioritizing their mental health as they stand at the forefront of difficult challenges and opportunities. Police officers may not immediately recognize the impact their work life can have on them, significantly influencing their mental health. It is essential to not only understand these stressors, but also how they impact the officers’ day-to-day lives to acknowledge that their physical and mental health need to be supported. The Canadian Institute for Public Safety Research and Treatment (CIPSRT) offers unique supports focused on improving the mental health of police officers and their families. Emphasizing wellbeing, their wide range of resources are specifically tailored for current and former first responders and other PSP, including border security agents, correctional workers, communicators and dispatchers, firefighters, paramedics, and police. Specifically, CIPSRT is dedicated to researching and treating the disproportionate vulnerabilities PSP have to posttraumatic stress disorder (PTSD), anxiety disorders, depressive disorders, substance use disorder, suicidal behaviours, and burnout. CIPSRT offers online, cognitive behavioural therapy programming tailored to PSP through a program called PSPNET that is available in several provinces across Canada. The CIPSRT Knowledge Exchange Hub’s readily accessible tools and resources, such as its PTSD: The Basics and Moral Injury video capsules, its self-screening tools, its Sleep 101 training program, or its March 2024
Symposium, endeavour to tackle the mental health issues most prevalent in the policing industry.
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BRIDGING GAPS BETWEEN RESEARCH AND PRACTICE As the new year begins, CIPSRT encourages first responders and other PSP to proactively manage their mental health. Acknowledging the importance of holistic wellbeing is essential to embracing a positive start to 2024. “It is about fostering a community that understands and supports the mental wellbeing of those who dedicate themselves to public safety,” says Dr. R. Nicholas Carleton, Scientific Director at CIPSRT. “We need to navigate the complexities, offering tools and tailored support to empower and support officers and their families in protecting their wellbeing.” Canadian first responders and other PSP are often putting their lives at risk as the world continues to call on them in times of risk and danger, which means they critically need specifically tailored tools adapted to their needs. CIPSRT is working to bridge gaps between research and practice by using research knowledge to build its resources and toolkits. Over the years, this has meant building a consortium of researchers, post-doctoral fellows, and students dedicated to PSP mental health research and continuously improving the online courses of ICBT
offered by PSPNET (www.pspnet.ca). MANAGING MENTAL HEALTH FOR A POSITIVE START CIPSRT Hub can help support PSP to start the New Year off right by providing programs, webinars, informative videos, and research summaries designed to cultivate mental and emotional resilience. Diverse in length and content, this multitude of tools and information is available online in several formats to suit the often atypical schedules of first responders and other PSP. Whether seeking guidance on stress management, coping strategies, or general mental health wellness, CIPSRT’s resources are designed to empower police officers and other PSP, working to foster positive and resilient mindsets as they embark on the challenges and opportunities of the new year. Police are invited to use these resources to prioritize their mental wellbeing year-round. For more information on the resources available through CIPSRT Hub, visit cipsrt-icrtsp.ca.
FUNDING
Indigenous police services fight for funding equality A look into the 2023 funding crisis By Brittani Schroeder
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these police chiefs work together reinforced the idea that nothing is done alone. It’s also important to acknowledge the support of our community leadership and police services boards and staff, who continued to serve under these stressful circumstances.” On June 30, the Federal Court granted an emergency motion for 12 months of relief for the three services. APS, T3PS and UCCM were relieved from compliance with discriminatory clauses found in Section 6 of the Terms and Conditions of the First Nation Inuit Policing Program (FNIPP). The clauses are: • Prohibited the financing of policing infrastructure, and • Prohibited expenditures on legal representation for Indigenous police services. The Honourable Justice Gascon ruled that Canada had not acted honourably in its dealing with APS, T3PS and UCCM. He said, [Public Safety Canada] did not consistently follow its duty to act honourably and in the spirit of reconciliation as it kept insisting on the impossibility to negotiate the Terms and Conditions and the prohibitions they contain. … Canada always has an obligation to act in ways that maintain the honour of the Crown vis-à-vis Indigenous peoples and that are in line with the objective of reconciliation (paragraph 174 of Decision).
This funding is only temporary, as the Indigenous police services will need to return to the negotiation table with both the federal and provincial governments to reach an agreement by Mar. 31, 2024. The federal government’s portion of funding amounts to 52 per cent of a police service’s budget, and the provincial government makes up the remaining 48 per cent. In 2023, the provincial government was willing to negotiate.
More with less
Chief Gervais and Sgt. Larocque summed up Indigenous policing in just a few words when they explained, “We have to do more with less.” Indigenous police services are not considered an essential service. “First Nation communities have some of the worst crime indexes and crime rates in Canada, and the inequality of not having a properly funded police service to deal with this is discriminatory in itself,” says Sgt. Larocque. For Chief Gervais, being considered an essential service is the goal, “especially when we’re talking about equitable policing between an Indigenous community and another community in the Province of Ontario.” But for her, it goes beyond that recognition. She believes that Indigenous communities and police services deserve more because of their history with Canada. www.BlueLine.ca
PHOTO CREDIT: AMANDA KERR, TREATY THREE POLICE SERVICE
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n early spring 2023, funding negotiations between the federal government and the Indigenous police services of Ontario fell through. On Mar. 29, the Indigenous Police Chiefs of Ontario (IPCO), who represent nine standalone Indigenous police services, filed a human rights complaint against Public Safety Canada, claiming under-funding and under-resourcing of Indigenous police services amounted to systemic discrimination. The funding agreements officially expired as of Mar. 31, 2023. “Canadians assume funding for policing is automatic, but that isn’t the case for Indigenous police services. These departments are a ‘program’, and there is always the threat of being cut,” says Sgt. Chantal Larocque, Anishinabek Police Service. The Indigenous police chiefs of Anishinabek Police Service (APS), Treaty Three Police Service (T3PS) and UCCM Anishnaabe Police Service (UCCM), with IPCO, jointly took Public Safety Canada to court, to obtain an injunction to release the funds for their services, as they were on the verge of ceasing operations. “From a personal standpoint, it was a moment of pride to see the three services come together for a common goal,” says Chief Cheryl Gervais of T3PS, who was an inspector at the time. “I grew up in these First Nations communities, and seeing
Wauzhushk Onigum powwow
As an Indigenous person working for an organization that does not historically have a good relationship of interactions with Indigenous peoples, Chief Gervais knows her team needs to work harder to build trust with the communities they serve.
A lasting impact
If funding was halted indefinitely for the Indigenous police services across Ontario, it would have a detrimental effect on the communities they serve. Chief Gervais grew up in Iskatewizaagegan #39 First Nation, and though she had aspirations to join the Ontario Provincial Police (OPP), she decided to join Indigenous Policing by becoming a First Nation constable serving her home community just before transitioning to T3PS in 2003 and has spent the last two decades there. It’s a decision that she has never regretted. Indigenous police services, like APS, T3PS and UCCM, keep cultural awareness and cultural teachings at the forefront so they can serve their communities more effectively.
The video project
“I grew up in these First Nations communities, and seeing these police chiefs work together reinforced the idea that nothing is done alone.”
– Chief Cheryl Gervais
As the funding was only released for 12 months, Chief Gervais says they have already returned to the negotiation table to begin the process, with the hopes that an agreement will be made on both sides. “My goal, now sitting at the table as Chief, is to consider the impact of these negotiations as we advance. In Indigenous culture, when we make decisions, we consider the next seven generations and what will impact them.” As Chief Gervais envisions the future of T3PS, she commits to remaining mindful of individuals who may be missing from the planning table and ensuring their presence during decision-making processes.
For Sgt. Larocque, Indigenous police services need to be seen as equals, not as lesser than other police services. “We are all doing the same job,” she says. This education has already started with several police services across Ontario. Recently, T3PS facilitated a 12-week officer exchange program with Barrie Police Service (BPS), where BPS sent two officers to T3PS for two weeks at a time, to learn from one another. “BPS’ intent was ‘What can we do to help?’, but it was also an opportunity for us to share with them the challenges we face, and the things we do well in Indigenous policing,” says Chief Gervais. Other police services have contacted IPCO looking to do similar exchanges with Indigenous police services in the future. In addition to the educational aspects comes the recognition of Truth and Reconciliation. As Chief Gervais explains, it goes beyond land acknowledgment; reconciliation is demonstrated through your actions, in what you’re doing as an organization, and as a person. “Ask yourself, what could you be doing to help?”
In the spring of 2023, Sgt. Larocque was tasked with creating videos that would explain what was happening because many Canadians were not aware. Sgt. Larocque shares that creating videos of a more serious nature was difficult. “This matter was too important not to do it justice.” She wanted to grab peoples’ attention while addressing this complex issue. In the video, posted to APS’ social media accounts, Sgt. Larocque is seen putting pieces of technology and gear into a receptacle that represents the Government of Canada. This was to represent the feeling that the government was stripping away their Indigenous culture and identity as police officers. After the video was posted, Kai Liu, the now-retired chief of T3PS, called Sgt. Larocque to say that a second video should be planned—a victory video. “He had such confidence that we would win.” A victory video was shared after the June 30 decision. Since releasing the videos, the three police services have gained more support from the greater Canadian community.
What happens next?
As Sgt. Larocque appropriately asks, how can a police service progress when they can never plan ahead? @Blue_LineMag
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9:55 AM January/February 2024 2024-01-10 | BLUE LINE 15
RESOURCES
Vulnerable Person Registries A promising solution for reducing risk By Thomas Leydier
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What is a VP and VPR?
A vulnerable person (VP) includes anyone with a condition that can give rise to behaviour that creates a safety hazard for themselves. These conditions primarily include cognitive, physical and mental health conditions. Such differences, like autism, Alzheimer’s, dementia, or an acquired brain condition, can lend to atypical behaviours, including wandering, instability, attraction to environmental objects, heightened emotional states and difficulty communicating. These characteristics engender risk for the VP and potentially for the responding officer. A Vulnerable Person Registry (VPR) database retains unique details about VPs and readily supplies historical and physical data to responding police officers, augmenting the initial dispatch details. Moreover, the VPR promotes communication between the VP, the police, caregivers and other community groups. There are many different VPR styles found nationally; however, the common thread is a database that retains critical information about VPs, which responding police officers can access before attending a call, preferably from within their vehicle. The VPR furnishes unique details, including personal descriptions, photographs, specific fascinations, known frequented loca16
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tions, addresses, support person name and contact details and, importantly, sensitivities or triggers. The initial VPR details are generally entered into the database or police department by either a VP of 16 years or older; a VP caregiver, especially if the VP is under 16; or another legal authority, such as a Power of Attorney or court order. The VPR is entirely voluntary, and consent is required. The VP or caregiver signs the requisite information document authorizing the retention of their sensitive information and the police to access and share it. The data is then retained within the server, which the police or dispatch can utilize. The overarching goal is to reduce risk and promote safety. To ensure officers know a person’s VPR status, VPRs integrate flags into the records management system (RMS), alerting responders that a VPR record exists. Flags can be utilized across various RMS, or on the Computer-Aided Dispatch (CAD) or Canadian Police Information Centre (CPIC), where Special Interest Person (SIP) flags can be marked. Dispatch centres can similarly observe the flags and notify attending officers, who are hurried and focused on arriving and executing an effective service. The timely delivery of data is essential.
Why set up a VPR?
If you require an impetus to begin a VPR, consider that the prevalence rates of autism are increasing. The latest data from British Columbia shows one in 29 youth to adults,
aged six to 18, receive an autism diagnosis (Autism B.C.). Further, the senior population in Canada is expected to be 10.4 million in 2037. The logical follow-through is as prevalence rates heighten, the police will interact more frequently with VPs. Initiating preventative tools and measures to help mitigate the proposed risk is shrewd decision-making for police leaders. Research demonstrates people with vulnerabilities are more likely to be victims of crime and arrested more commonly than their non-vulnerable counterparts. In addition, recent research shows that when the police are aware of a person’s vulnerability before the interaction and initial attendance, fewer arrests and physical force occur, suggesting proactive awareness is a prevailing mitigating and protective force.
VPR pros
Augmented dispatch information: Chief among the pros are increased details and information. For instance, instead of guessing whether a person in an emotional crisis is a VP, an abundance of details is available for the attending officer if they are registered. Gathering these unique details can enhance the officer’s awareness and sensitivity to the VP status; thus, it is anticipated to reduce risk. Similarly, the data can provide the officer with caregiver details, enabling the officer to re-establish communication between the VP and their caregiver. Community engagement: To make your VPR successful, you must advertise. You are www.BlueLine.ca
PHOTO: MOTORTION / ISTOCK / GETTY IMAGES PLUS / GETTY IMAGES
t’s been a long, drawn-out shift, and Officer Thompson is tired. After filling her car for gas and clearing her last call, she pulls into the parking lot to type. The squawk of the radio abruptly cuts the fleeting calmness of the moment – a youth with autism has left their group home and is missing. Thompson quickly queries the youth through her department’s Vulnerable Person Registry (VPR) and learns the vulnerable person (VP) was last found at City Park and is fascinated by the game Tetris. There is an accompanying photograph of the VP on file. Thompson arrives at City Park and immediately recognizes the VP sitting idly on the swing. After one conversation about Tetris and a promise to play the game when they return, the youth is ready to go home.
stranded without the VP and their support networks’ awareness of your VPR. The VPR promotes community integration and connection with local autism groups and medical communities like Alzheimer’s Support. You will want to go to where your client groups frequent and share the message. Some suggestions are hospitals, doctor’s offices and local VP community groups. Reduced risk: Although the VPR has not been empirically tested, anecdotally, the VPR demonstrates utility in lowering risk for officers and clientele. By equipping the attending officer with relevant data before arrival, the VPR supplies the officer with practical information that they can leverage during the interaction to improve the overall outcome. Forward-focused: The VPR’s provision is a proactive tool believed to mitigate risk. When VPs register with the VPR, they are preventively supplying their details in case of an emergency. The VPR plans for the future.
VPR cons
In a discussion with Dr. Alisha Salerno of Toronto Metropolitan University, the following items were outlined: Privacy concerns: As with other sensitive data-housing mechanisms, i.e., file and court document storage, there are risks with retaining this confidential information. Neurodiverse individuals have concerns about who has access to their sensitive information. Police departments should address these concerns by detailing where this data is stored, for how long and how it can be removed safely. Interoperability/accessibility challenges: Police agencies across Canada work with different operating systems and RMS; these systems inherently create VPR access barriers and limitations. In other words, various police agencies cannot readily access each other’s information, suggesting that if a vulnerable person is added to one department, another department cannot access that data. Naturally, these barriers
help protect disclosure and privacy; however, they can similarly create roadblocks to accessing critical information when needed. Police forces can explore regionalized VPR encompassing neighbouring departments to circumvent these challenges. Lastly, the inability to access VPR info in the police car is another choke point. Police agencies should try, when possible, to make the data accessible in the police cruiser. Disclosure/stigma: Research shows that some vulnerable persons hesitate to disclose their information to police. Much of this hesitation concerns the stigma associated with being on the VPR and mistrust of law enforcement. This finding underscores the necessity of the police building trust among diverse communities. Thomas Leydier is a 17-year RCMP member currently serving in British Columbia. He graduated with his Master of Public Safety in 2023 and is the Governor General recipient of the Academic Medal. He has presented on neurodiversity and policing and continues researching in the field.
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BL_Teranet_JanFeb24.indd 1 @Blue_LineMag
11:51 AM January/February 20242023-12-21 | BLUE LINE 17
CASE LAW
BY MIKE NOVAKOWSKI
Reasonable grounds for arrest and unconstitutionally obtained information
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anada’s highest court has ruled that information obtained from non-Charter compliant police conduct must be excised from an officer’s grounds when reviewing the basis for an officer’s warrantless arrest. In R. v. Zacharias, 2023 SCC 30, the accused was stopped by police for equipment violations. The truck he was driving had tinted windows and a burnt-out light. Over the course of the police interaction with Zacharias and after querying his name in police databases, an officer developed a suspicion that Zacharias may be in possession of controlled substances. The officer had significant training and education in the interception and detection of travelling criminals on the highway, including conducting some 12,000 to 15,000 traffic stops and teaching courses on traffic enforcement investigations. The officer detained Zacharias and called for a sniffer dog. When the sniffer dog was deployed on Zacharias’ truck, it indicated the presence of drugs. Zacharias was arrested for possessing a controlled substance and his truck was searched. Duffel bags in the truck box were found to contain 101.5 lbs. of cannabis and $12,600 in cash along with other evidence. Zacharias was then arrested for trafficking and transported to the police station to speak with a lawyer. At trial in the Alberta Court of King’s Bench, Zacharias challenged the officer’s reasonable suspicion to detain him for a drug investigation and for calling the drug sniffer dog. The trial judge agreed that the officer’s suspicion was unreasonable and that Zacharias’ Charter rights under s. 8 – unreasonable search or seizure – and s. 9 – arbitrary detention – were breached. She concluded that the officer’s information did not rise to the reasonable suspicion standard—missing it by a “minuscule” degree—and therefore Zacharias’ detention and the sniffer dog search were not justified. However, the trial judge admitted the evidence under s. 24(2) anyways and Zacharias was convicted of possessing marijuana for the purpose of trafficking. He was sentenced to 14 months in jail. A majority of the Alberta Court of Appeal 18
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“Canadians have a legitimate expectation that the police will know and comply with the law, especially the Charter.” - Justices Rowe and O’Bonsawin confirmed the trial judge’s ruling in admitting the evidence and his convictions were upheld. A third judge would have excluded the evidence and entered an acquittal. Zacharias again appealed, this time to the Supreme Court of Canada. Although the s. 24(2) analysis dominated the Supreme Court’s ruling, the five judges hearing the appeal also examined whether unconstitutionally obtained information must be automatically excised from an officer’s consideration when exercising a warrantless arrest power, as it is in the case of a search warrant and reviewing an ITO. Applying such a rule in the warrantless arrest context would require a reviewing judge to remove any unconstitutionally obtained information from consideration as part of the officer’s reasonable grounds. In this case, the grounds on which the officer relied to make the drug arrest was based on the unlawful sniffer dog search, which in turn led to the search of the truck and the resultant arrest for possession for the purpose of trafficking. If the sniffer dog hit was excised from the officer’s grounds, then the arrests and searches that followed would be rendered unlawful. Four of the five Supreme Court judges hearing the case found automatic excision was required. Justices Rowe and O’Bonsawin ruled a court must excise grounds for an arrest that are based on evidence that is subsequently found to have been unlawfully obtained even though warrantless arrests are often carried out in dynamic situations: The need to ensure that the state cannot rely on conduct that violates the Charter applies regardless of whether the police are knowingly in breach of the law. […] In order to ensure that the state is not able to
rely on violations of the Charter, the reviewing judge must excise evidence that has been unconstitutionally obtained at the outset of this inquiry. […] In this inquiry, the court considers the totality of the circumstances known to the officer at the time of the arrest, but does not include evidence found to have been unconstitutionally obtained. […] Canadians have a legitimate expectation that the police will know and comply with the law, especially the Charter.” However, an arresting officer may still meet the reasonable grounds standard for arrest even with information excised if the balance of the evidence suffices to establish reasonable grounds. Justices Martin and Kasirer agreed with the automatic excision rule. “We accept the sound proposition that a lawful arrest cannot be based on unlawful grounds. More specifically, reasonable and probable grounds for arrest cannot be based on unconstitutional police misconduct.” Justice Côté, however, did not agree that the police could not rely on unlawfully obtained evidence to satisfy the reasonable grounds requirement for arrest. In her view, the assessment of an officer’s grounds for arrest should not hinge entirely on a retroactive judicial assessment of the underlying sniff search rather than the circumstances known to the officer at the time of the arrest. “Judicial reflection is not a luxury an officer can afford. It is artificial and inconsistent with the reasonable and probable grounds standard to hold that an arrest made based on clear and reliable evidence of a crime is unlawful.” As for the s. 24(2) analysis, three judges – Rowe, O’Bonsawin and Côté – would have nevertheless admitted the evidence, dismissed Zacharias’ appeal and upheld his convictions. Justices Martin and Kasirer would have excluded the evidence, allowed the appeal and entered an acquittal.
Mike Novakowski is Blue Line’s case law columnist.
www.BlueLine.ca
TECHNOLOGY
BY PAULO DA SILVA
Embracing E-Notes: A case study with York Regional Police
PHOTO CREDIT: YORK REGIONAL POLICE
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s we step into the future of law enforcement at York Regional Police (YRP), it’s time to bid farewell to the traditional pen and paper. The storage room filled with countless police notebooks, tucked away in darkness, has made way for a digital transformation that is revolutionizing the way we take notes and interact with our community. Police officers have been scribbling their observations into notebooks since the days of Sir Robert Peel. While traditional methods have served us well, embracing technology was a natural step to enhance officer experiences and the quality of their notes. With our heads in the cloud, quite literally, we introduced the E-Notes application as part of our Connected Officer program. This initiative modernizes our daily activities, strengthens community engagement and enhances the effectiveness of our officers. We equipped our officers with Samsung Galaxy S21FE devices and they now have access to a suite of patrol-related applications, ensuring quick decision-making, seamless information sharing and the ability to capture vital details electronically. The transition to E-Notes not only brings efficiency and time savings for our officers but also allows us to stay connected with our community while out in the field. We firmly believe that our service must be community-oriented, and this digital transformation aligns perfectly with that mission. Implementing new technology involves critical steps to ensure its success, including planning and strategy to clearly identify needs and goals. With E-Notes, assessing how digital notetaking enhances officer productivity, mobility and accessibility, while providing cost savings through reduced administrative time, was a significant driving force in this transformation. Our journey began in 2019 as we developed a roadmap for the Connected Officer program, with E-Notes as the key component. We partnered with Digital Mobility Inc., a Toronto-based company, and adopted its software called Intelligent Mobile Patrol (IMP) as our E-Notes solution. Using an agile approach, we worked @Blue_LineMag
“I don’t have to scan my notes or transpose information. I don’t have to worry about the cold weather, the software just works,” remarked one veteran officer. closely with officers from various ranks and roles to ensure we had a solution that best served our members. We kicked off this transformation with a pilot project in 2022, involving 25 officers, and now it’s a reality for all frontline officers. We engaged involved stakeholders, including the judicial system and the community. Collaborating with all internal and external stakeholders, we assembled a cross-functional team involving members of Information Technology, frontline officers, supervisors and an executive lead to ensure the diverse insights vital to the program’s successful implementation. Customization and integration entailed configuring E-Notes to align with existing workflows and systems, including RMS/ CAD and Business Intelligence. Rigorous testing was essential, from initial input to the actual document produced for court. Additionally, the process by which officers access and validate notes was important for members to learn to testify in court. User-acceptance testing, confirming E-Notes’ accessibility and reliability in a 24/7 operation was also necessary. Comprehensive
training and documentation ensured users understood the features and functionality and this was supported by user guides and training sessions. To support the changes, YRP designated E-Notes champions to communicate benefits and improve adoption by our members, before deploying the technology in phases. Starting with a pilot group to minimize disruptions, followed by larger groups, on a location/unit-based approach, leveraged the optimal use of resources. As we rolled out, we continuously monitored and evaluated E-Notes’ performance and gathered user feedback to address issues requiring enhancements. Lastly, post-implementation support is needed to address user queries and technical issues and ensure E-Notes’ sustained functionality. This structured approach led to a successful E-Notes implementation, maximizing its benefits and promoting its adoption across the entire organization. The overwhelming feedback from members was: “What took so long?” Regardless of age or assignment, E-Notes was quickly embraced, confirming that the solution had met the needs of our members and organization. “I don’t have to scan my notes or transpose information. I don’t have to worry about the cold weather, the software just works,” remarked one veteran officer. Gone are the days of physical storage and the fear of losing crucial data to floods or fires. E-Notes offers a safe and secure on-premise or cloud-based solution, allowing easy access and efficient searching of notes with just a few keystrokes. The shift to E-Notes not only frees up administrative time for our officers but also keeps them where they belong – out in the community, serving and protecting. End note: For any inquiries or questions about our e-notes digital transformation, please contact: Deputy Chief Paulo Da Silva, York Regional Police, 916@yrp.ca. York Regional Police Deputy Chief Paulo Da Silva is a 30-year veteran with extensive experience in both operations and administration. He has a proven track record in leveraging innovation and technology to improve the delivery of effective and efficient policing services to the community.
January/February 2024 | BLUE LINE
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BEHAVIOURAL SCIENCES
PETER COLLINS AND DARREN BALSOM
Police corruption: Part 1
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Corruption occurs when a police officer loses integrity in their professional actions. Individuals who do meet the diagnostic criteria for narcissistic personality disorder have a pervasive pattern of grandiosity (in fantasy or behaviour), a need for admiration, a lack of empathy and match five or more of the following contexts: • They possess a grandiose sense of self-importance (e.g., exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements). • They are preoccupied with fantasies of unlimited success, power, brilliance, beauty or ideal love. • They believe that they are “special” and unique and only can be understood by, or should associate with, other special or high-status individuals or institutions. • They require excessive admiration. • They have a sense of entitlement (i.e., unreasonable expectations of especially favourable treatment or automatic compliance with his or her expectations). • They are interpersonally exploitive (i.e., takes advantage of others to achieve his or her ends). • They lack empathy and are unwilling to recognize or identify with the feelings and needs of others. • They are often envious of others or believe that others are envious of him/her. • They exhibit arrogant, haughty behaviours and attitudes. Not all individuals with narcissistic personalities or narcissistic traits end up being corrupt, but there appears to be an overrepresentation among police officers who decide to engage in corrupt activities. Some
fit into a subset known as the “unprincipled narcissist”. The unprincipled narcissist is often engaged in antisocial behaviour – they have the self-confidence of a narcissist in combination with recurrent aberrant behaviour. Many achieve success by exploiting legal boundaries to the verge of unlawfulness, however, some will cross that line to engage in illegal activity as they are confident that their role in law enforcement will protect them. They are more than just disloyal and exploitative. They are amoral, deceptive and unscrupulous. Many are indifferent to telling the truth because the truth is not in their best interests. If confronted, they will deflect the blame onto others while displaying an attitude of justified innocence, denying their behaviour through a veneer of politeness and civility.
Balsom’s professional experience
Acts of police corruption, albeit rare, result in a significant impact. This impact ranges from the involved officer, their families, their law enforcement team and the community at large. In his role with the Calgary Police Service (CPS), Balsom has been tasked with evaluating multiple allegations of police corruption. His first “true” corruption case happened early in his career and involved a Canadian police officer being accused of stealing drug evidence. Balsom’s initial thoughts about this allegation were “It can’t happen, they must be mistaken.” However, once he reviewed the evidence and the investigation, his feelings turned from uncomfortable to angry. Balsom viewed evidence of this sworn officer purposely stealing drugs for an unknown reason. As a result of this first exposure to police corruption, Balsom became an indirect victim of this (former) officer—this case directly impacted his trust levels. Fast forward 19 years, CPS decided to face police corruption head-on by creating a dedicated Anti-Corruption team, now known as the Sensitive Investigations Unit. This team of investigators was tasked with investigating allegations of police and government criminality and corruption. Balsom has worked with these officers on www.BlueLine.ca
PHOTO: HJBC / ISTOCK / GETTY IMAGES PLUS / GETTY IMAGES
P
olice corruption is just one type of deviant behaviour that can occur in policing. Other forms of police deviance include criminality, abuse of authority, police misconduct, excessive use of force and some would include feigned illness such as malingered PTSD. Police misconduct includes acts that violate the rules and regulations of the agency and can include chronically arriving to work late with an unprofessional appearance. Some forms of misconduct are indicators of other serious personal issues that could negatively affect one’s professional performance. Abuse of authority involves violating the legal mandate of the police position and this could include interactions such as illegal stops, searches and arrests. Corruption occurs when a police officer loses integrity in their professional actions and accepts benefits or rewards in exchange for violating their mandated responsibilities. Police criminality occurs when police officials engage in direct acts of crime, such as robbery or theft, whether they are on or off duty. In 2023, a police officer from a Southern Ontario agency was found guilty in a pay-for-protection scheme involving local drug dealers. He was sentenced to serve 12.5 years with an additional three years added to the sentence if he did not pay a $250,000 fine—the approximate amount that was taken in bribes. He was assisting drug dealers in exchange for cash and was found guilty on charges of bribery, obstruction of justice, breach of trust and trafficking of cocaine. The presiding judge called the officer “arrogant”, possessing a “supreme entitlement to what he was doing” and observed that the officer had shown no remorse, stating, “He has absolutely no insight into the profoundly wrongful nature of his actions.” Neither author of this column assessed this police officer; however, given the comments of the presiding judge, the possibility exists that the officer may have had features of a narcissistic personality disorder, as do a considerable portion of law enforcement professionals who engage in corruption.
multiple files and has also seen the impact these files have on these officers and by default their loved ones. The members of the CPS Sensitive Investigations Unit have been impacted through interviews with these individuals and the victims, have been subjected to attempted intimidation, been faced with claims of organized crime and witnessed their fellow officers act in a corrupt manner. Two important things he has learned over the years is that law enforcement needs to look after their personnel for two reasons:
1. To lessen the chances of corruption going unnoticed, and 2. To ensure the officers who are tasked with these investigations know they are supported, especially on days when it seems like there are “too many bad days in a row”. In part two of this article, the authors will discuss the important role that formal debriefs can play in bringing some form of closure to these sorts of investigations— many of which have no public conclusion.
Peter Collins is the operational forensic psychiatrist with the Ontario Provincial Police’s Criminal Behaviour Analysis Section. He is also a member of the crisis/ hostage negotiation team of the Toronto Police Service Emergency Task Force. Dr. Collins’ opinions are his own. Contact him at peter.collins@utoronto.ca. Darren Balsom is a Certified Threat Management Specialist and Criminal Profiling Understudy assigned to the Calgary Police Service Behavioural Sciences Team. Darren is the former President of the Canadian Association of Threat Assessment Professionals (CATAP) and has trained staff and worked with all levels of the criminal justice system.
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3:55 PM January/February 2024 2024-01-11 | BLUE LINE 21
SUPPLY & SERVICE GUIDE 2024 CORPORATE LISTINGS 2024
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Axon Public Safety Herengracht 499, 222 Bay Street, Suite 3000 Toronto ON M5K 1E7 Tel: 800-978-2737 Email: info@axon.com ca.axon.com Axon is making significant strides in technology for public safety. We are helping police forces simplify their workflows and drive savings with seamless integration. We are committed to pushing the boundaries of technology from Conducted Electric Devices, like our TASER devices, to police body cameras, and evidence storage and management.
Canadian Safety Equipment Inc. #3 2865 Argentia Ave Mississauga ON L5N 8G6 Tel: 905-826-2740 Toll Free: 800-265-0182 Email: info@cdnsafety.com cdnsafety.com We offer a complete line of Respiratory equipment for protection in Clan labs, confined spaces etc. We are also a major supplier of Hazmat/Decon equipment, High Angle fall protection including ropes, gloves and harnesses, ballistic and non-ballistic helmets, thermal imaging, portable gas detection and intrinsically safe electronic road flares. Also in addition to all of the above we carry a full line of ventilators and decon and command shelters. Defense Aerosols PO Box 13 Chilliwack BC V2P 6H7 Tel: 604-701-6495 Toll Free: 888-233-3340 Fax: 866-899-8884 Email: sales@defenseaerosols.com www.defenseaerosols.com We are a Canadian manufacturer of Oleoresin Capsicum pepper spray for law enforcement.
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BLUE LINE | January/February 2024
Greater Victoria Crime Stoppers 760 Vernon Ave Victoria BC V8X 2W6 Tel: 800-222-8477 Toll Free: 800-222-8477 Email: pdownie@saanichpolice.ca victoriacrimestoppers.ca Greater Victoria Crime Stoppers is a community, media, and police cooperative program designed to involve the public in the fight against crime. We are located in Victoria, the capital city of British Columbia, on beautiful Vancouver Island. Greater Victoria Crime Stoppers encourages members of the community to assist local law enforcement agencies in the fight against crime by overcoming the 3 key elements faced by law enforcement in generating information that inhibit community involvement: fear of reprisal, apathy and reluctance to get involved.
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International Police Mountain Bike Association 583 Frederick Road, Suite 5B Baltimore MD 21228 Tel: 410-744-2400 Fax: 410-744-5504 Email: info@ipmba.org ipmba.org IPMBA promotes the use of bikes for public safety, provides resources and networking opportunities, and offers the best, most complete training for public safety cyclists. From operator level to instructor and from fleet maintenance officer to Bicycle Response Team member, IPMBA sets the standard for public safety bicycle training.
Investigative Solutions Network Inc. 1340 Pickering Pkwy #602 Pickering ON L1V 0C4 Tel: 905-421-0046 Toll Free: 866-790-4764 Fax: 905-421-0048 Email: info@isninc.ca www.isninc.com Investigative Solutions Network (ISN) is North America’s premier Private Security and Investigative Services firm. Established in 2006, ISN is led by an accomplished executive team with diverse backgrounds in business, finance, police leadership, investigations, and corporate security. With offices across Canada, the US, and a global network of specialists, ISN’s elite team possesses hundreds of years of combined experience servicing both private and public sectors. We pride ourselves on professionalism, a standard of excellence, analytical thinking, and providing innovative solutions. As a 24/7 operation, our core business pillars provide clients with a single point of contact for Investigations, Risk Management, Background Screening, Training, and Security. Beyond our scope of services, we provide court-admissible reports, expert testimony, and ongoing support to our clients. Best People. Best Methods. Best Results. To learn more, visit www.isninc.com
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Korth Group Limited 64186-393 Loop East Okotoks AB T1S 0L1 Tel: 403-938-3255 Fax: 403-938-2722 Email: le@korthgroup.com www.korthgroup.com Canadian Law Enforcement & Military Representative for Hornady Manufacturing, Leupold Optics, Ruger Firearms, Proof Research (Firearms, Carbon and Stainless Steel Barrels) and Hygenall Decon Products. Firearms such as: Fabarm Shotguns, Patriot Ordinance Factory and TacSol. Firearms Accessories such as Grovtec, MTM Cases, Clenzoil and Birchwood Casey. Firearms Security and Storage Products from SnapSafe and Hornady Security. Ammunition from: Hornady Manufacturing, Hornady Law Enforcement and Eley Ammunition. For your operational optics and ammunition needs for general duty or tactical applications, please contact LE@korthgroup.com
(insulated & reversible), cargo-trouser & shirts, Hi-vis safety-vests, leather-jackets, rainwear (hi-vis) and Tactical Operations clothing for Special Response units. We are certified for Hi-Visibility (CSA-Z96), viral protection (NFPA-1999), emergency services work apparel (NFPA 1975) and quality assurance (ISO-9001). Only the finest materials are selected to ensure unsurpassed performance, value, and durability. Materials and construction methods are tested to ensure they surpass all industry standards.
Prefair 1055 Louis Marchand Beloeil QC J3G6S4 Tel: 450-446-7060 Toll Free: 866-855-7060 Fax: 450-446-7523 Email: info@prefair.ca www.prefair.ca
Mobile Innovations Corp. 5833 Marshall Rd Niagara Falls ON L2G 0M5 Tel: 416-889-9997 Email: gary.bauer@mobinnoco.com www.mobinnoco.com Administrative and operational apps for mobile policing with Android and iOS including mobile RMS, CAD, DEMS and CPIC: • EPNB with officer tracking, dynamic briefing • Officer scheduling and logistics • On-premise, hybrid and cloud
PRIDE IN SERVICE 106 Elk Street Aylmer ON N5H 1S6 Tel: 226-777-5510 Email: sales@prideinservice.com prideinservice.com PRIDE IN SERVICE is dedicated to recognizing and honoring Canada’s police, military, and emergency service personnel. Since 1993, we have been offering distinctive, heirloom quality rings, awards, and gifts to emergency service organizations and individuals across Canada.
Outdoor Outfits 400-372 Richmond Street W toronto ON m5v1x6 Tel: 416-598-4111 Email: franklin@outdooroutfits.com www.outdooroutfits.com OUTDOOR OUTIFTS has been manufacturing uniforms and outerwear since 1945. Our business has been built on attaining the highest level of customer satisfaction through the manufacture and supply of quality, innovative and value-added garments. Garments are designed to meet the individual, specialized and high-performance needs of First Responders [Police, Fire and EMS], Public Safety through our extensive line of protective uniforms and outerwear. These include duty-jackets
PROD360 Stephane Girard Tel: (438) 490 5336 Email: info@prod360.ca www.prod360.ca Equip your team with the latest technology for a safer and more effective law enforcement experience: ZENSPIRE Army, managing stress, improving sleep and optimizing recovery - RFID Weapons/Equipment Management & Tracking for Police Armories - CSI Sperm Tracker “STK” Spray for swift and reliable evidence collection - Locksmith Soundwave Decoder Imaging - Forensic UV Lights (5 Years Warranty) - K9 Supervision Dogs’ Camera (900ft Range, Stable Footage) - UAS Drone Countermeasures (Detection, Neutralization) - Small
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Through-Wall Detection Radar Device – 14000 lm Tactical light for ballistic and anti-riot shields - Non-Lethal Dazzling Laser (Short and Long Range) - Counter-Terrorism Ground Bomb Killer (IED Protection) - Biobag (AntiAnthrax, Fentanyl, and More). Contact us for more information and pricing. Securesearch, Inc. P.O. Box 91175, 2901 Bayview Avenue North York ON M2K 2Y6 Tel: 416-948-8832 Toll Free: 800-452-3130 Fax: 800-452-3130 Email: bkoffler@securesearchinc.com www.securesearchinc.com
Step Training Inc. 2 - 135 Freelton Rd Freelton ON L8B0Z5 Tel: 647-402-2027 Email: steptraininginc@gmail.com www.steptraininginc.com Step Training Inc. is an internationally recognized professional Canadian research and education provider dedicated to law enforcement training. We are world leaders in de-escalation skill based training, validation and communication best practices, delivering training in Iceland, U.S, England and Canada. Our clients have included Canadian police services, Ontario cities and municipalities, US Federal Probation Service, Sheriff’s Departments, Icelandic National Police Service and US Marshals. Our modern programs can be delivered both in person and in online training formats providing flexibility and a response to COVID-19. Another key area of expertise is in policy development regarding training and Use of Force practices. We have a great amount of experience helping organizations create and update policies to reflect modern best practices.
Stoeger Canada 1010 Thornton Rd. S. Oshawa ON L1H 8B7 Tel: 905-436-9077 Email: dmacdonald@stoegercanada.ca berettadefense.ca Beretta Defense Technologies is an alliance of four leading firearms market companies: Beretta, Benelli, Sako, and Steiner. These founding companies of BDT have been globally well known through decades of leadership, innovation, and investment and now form a single source of contact for the high-tech military and law enforcement
hardware they are renowned for. Beretta Defense Technologies is a concept that has grown from the needs of government and law enforcement agencies to cover a wide range of complicated scenarios by providing a unique combination of services, weaponry and equipment from firearms, ammunition, and optics to tactical clothing - to match every operational need. BDT products are sold through Stoeger Canada (1990) Ltd, a Beretta Group Company. Stoeger Canada (1990) Ltd is a Beretta Group Company serving as the exclusive Canadian distributor for Beretta, Benelli, Sako, Tikka, Steiner, Burris, Centanex, and Ase Utra.
TrimTag Trading Inc. 15 WERTHEIM COURT, SUITE 704 Richmond Hill ON L4B 3H7 Tel: 905-763-7300 Fax: 905-889-6409 Email: info@trimtag.com www.trimtag.com TrimTag supplies insignia and regalia. Our expertise enables us to convert your brand into product. We supply product in metal; fabric, both woven and embroidered, as well as bullion finishes. Crests, Billboards, Badges, Wallets, Toques and Ballcaps are some of our product range. Please visit our website www.trimtag.com and click the subscribe button to stay connected with us.
Veritone, Inc. 5291 California Ave. Suite 350 Irvine CA 92617 Tel: 888-507-1737 Toll Free: 888-507-1737 Email: info@veritone.com www.veritone.com/industries/ government Veritone (NASDAQ: VERI) designs human-centered AI solutions. Serving customers in the talent acquisition, media, entertainment and public sector industries, Veritone’s software and services empower individuals at the world’s largest and most recognizable brands to run more efficiently, accelerate decision making and increase profitability. Veritone’s leading enterprise AI platform, aiWARE™, orchestrates an ever-growing ecosystem of machine learning models, transforming data sources into actionable intelligence. Guided by its commitment to responsible AI use, Veritone blends human expertise with AI technology to advance human potential and help organizations achieve more than ever before.
January/February 2024 | BLUE LINE
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PRODUCT LISTINGS 2024
AIR GUNS Prefair Stoeger Canada AMMUNITION Korth Group Limited Stoeger Canada ARMOURED VEHICLES Artcal Graphics & Printing Inc. ASSET MANAGEMENT SYSTEM Veritone, Inc. ASSOCIATION International Police Mountain Bike Association AUDIO/VIDEO AIDS Axon Public Safety Gamber-Johnson LLC Securesearch, Inc. AUTOMATIC LICENSE PLATE RECOGNITION (ALPR) Veritone, Inc. AWARDS, BADGES, PINS PRIDE IN SERVICE TrimTag Trading Inc. BINOCULARS & TELESCOPES Korth Group Limited Stoeger Canada BIOMETRICS Step Training Inc. Veritone, Inc.
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COOLING VESTS Canadian Safety Equipment Inc.
K9 5.11 Tactical Securesearch, Inc.
DATA COLLECTION Mobile Innovations Corp. Veritone, Inc.
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DATA STORAGE Axon Public Safety Veritone, Inc.
LIGHTS - PORTABLE Canadian Safety Equipment Inc. Prefair
DOG TRAINING & SUPPLIES Securesearch, Inc.
MARINE ELECTRONICS Gamber-Johnson LLC
ERGONOMIC DUTY BELTS & ACCESSORIES 5.11 Tactical
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EVIDENCE NOTEBOOKS Mobile Innovations Corp.
NIGHT VISION EQUIPMENT Prefair Stoeger Canada
BODY ARMOUR Canadian Safety Equipment Inc.
EYE, EAR & SKIN PROTECTION 5.11 Tactical Korth Group Limited Prefair Stoeger Canada
ONLINE TRAINING Axon Public Safety Step Training Inc.
BODY WORN TECHNOLOGY Axon Public Safety Impact Radio Accessories Veritone, Inc.
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PUBLISHERS, BOOKS, PRINTING Annex Bookstore Securesearch, Inc.
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FIREARMS - LOCKS Gamber-Johnson LLC Korth Group Limited FIREARMS - TRAINING Stoeger Canada FIREARMS - TRAINING EQUIPMENT Stoeger Canada FLASHLIGHTS 5.11 Tactical Canadian Safety Equipment Inc. Prefair
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RANGE SUPPLIES 5.11 Tactical Korth Group Limited Prefair RECORDS MANAGEMENT Axon Public Safety Mobile Innovations Corp. Veritone, Inc. RESEARCH & TESTING Step Training Inc. RIFLESCOPES Korth Group Limited Prefair Stoeger Canada
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GUN LOCKERS Korth Group Limited
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HAZMAT EQUIPMENT Canadian Safety Equipment Inc. Korth Group Limited
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HOLSTERS & ACCESSORIES 5.11 Tactical Prefair
BLUE LINE | January/February 2024
SECURITY - TRAINING International Police Mountain Bike Association Securesearch, Inc. Step Training Inc. SIRENS & EMERGENCY LIGHTING Canadian Safety Equipment Inc. SPORTING/HUNTING 5.11 Tactical Korth Group Limited Prefair Stoeger Canada SUPPRESSOR/SILENCER Stoeger Canada SURVEILLANCE Impact Radio Accessories Investigative Solutions Network Inc. Veritone, Inc. TACTICAL TEAM EQUIPMENT 5.11 Tactical Canadian Safety Equipment Inc. Gamber-Johnson LLC Impact Radio Accessories Prefair THERMAL IMAGING Canadian Safety Equipment Inc. TRAFFIC SAFETY Canadian Safety Equipment Inc. Prefair TRAINING COURSES & SERVICES Greater Victoria Crime Stoppers International Police Mountain Bike Association Securesearch, Inc. Step Training Inc. UNIFORMS & ACCESSORIES 5.11 Tactical Outdoor Outfits Prefair TrimTag Trading Inc. VEHICLES - ACCESSORIES Gamber-Johnson LLC VEHICLES - FLEET Artcal Graphics & Printing Inc. VEHICLES - LIGHTBARS Canadian Safety Equipment Inc. VEHICLES - SPECIALTY Artcal Graphics & Printing Inc. VIDEO - MOBILE & SURVEILLANCE Veritone, Inc. WEAPONS - ACCESSORIES Prefair Stoeger Canada WEAPONS - MAINTENANCE Korth Group Limited WEAPONS - NON-LETHAL Axon Public Safety Defense Aerosols
SECURITY - SERVICES Investigative Solutions Network Inc. Step Training Inc.
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@Blue_LineMag
January/February 2024 | BLUE LINE
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HEALTH & WELLNESS BY ISABELLE SAUVÉ
The future of law enforcement: Navigating the pros and cons of mandatory DNA databases
T
he ever-evolving law enforcement eco-system has seen a short-lived but potentially revolutionary seismic and controversial law showing promise in redefining how investigations are approached and conducted. Mandatory DNA collection has surfaced as a prospective game-changing tool transcending traditional investigative methods. The question remains: is mandatory DNA testing a technological marvel or an outright violation of human rights? In 2015, in a bold and controversial move, Kuwait was the first to pass an austere law making it compulsory nationwide for every individual to provide a DNA sample to the authorities for its analysis, retention and use. It became mandatory not only for all citizens but also for all foreign residents of Kuwait. A DNA database was created to hold the results. The new law stipulated anyone
DNA technology is a powerful tool with abundant potential for solving crime, improving public safety, identifying suspects or victims and ensuring justice. failing to submit their DNA could face penalties of up to one year in prison and a fine of up to USD $33,000. Those fraudulently providing a tampered DNA sample could face even stiffer sentences. The ruling came in the shadows of an Islamic State-led suicide bombing in Kuwait City months prior which killed 26 individuals and wounded an estimated 227 more. The government claimed to have created the DNA database to identify and arrest suspects more expediently in the aftermath of any future incidents. To uncover someone’s unique DNA sequence, scientists extract genetic material
from a sample of one’s cells. The unique combination of bases within the cells is subsequently mapped. It can be likened to determining one’s protracted barcode. This unique “barcode” can later be attributed to that one person. The retention of this information can subsequently be utilized in a host of distinctive ways. Mandatory DNA testing in Kuwait has since been overturned but the concept remains a stimulating philosophical topic of debate. While the former law extended a host of novel investigative avenues it also attracted controversy and stout opposition from human rights and ethics advocates. Many other countries around the world maintain DNA records, however, exclusively for persons convicted of a crime or certain types of crimes. Human rights professionals expressed concerns that the DNA information could be wrongfully used
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by the government to monitor its citizens, and if not highly regulated and monitored, could be used against individuals and infringe upon privacy rights on other matters related to health, longevity, ancestry, etc. Perhaps the most significant benefit of DNA databases lies in their ability to aid in crime-solving and investigations. By running DNA samples seized from crime scenes against stored DNA profiles in DNA holdings, law enforcement can swiftly and confidently identify plausible suspects and victims. The capability to expedite investigations is significant by enabling authorities to narrow down their points of concentration and allocate resources most efficiently. Mandatory DNA databases would bolster the comparison of evidence against existing DNA “barcodes” in the system, leading to faster resolutions and a greater number of case closures. Moreover, links between seemingly unrelated cases could be contrived. By comparing sizeable amounts of data, patterns can emerge that connect pieces of criminal puzzles that otherwise may have gone undetected and unsolved.
It also has extraordinary potential to assist with cases which are serial in nature. DNA databases are powerful tools in the identification of missing individuals and unidentified bodies. Families of missing persons often face years of yearning and an emotional rollercoaster not knowing the fate of their loved ones. The use of an obligatory DNA database could be highly successful in offering answers to grieving families and providing them with some closure on cases that would likely have remained unsolved for an indeterminant amount of time. DNA databases have the potential to breathe new life into cold criminal cases. In the event of mass disasters or largescale incidents, DNA databases could provide a rapid and reliable means of identifying victims or perpetrators. Another conceivable benefit is the ability to exonerate the innocent. Wrongful convictions have long been a significant concern within the criminal justice system. DNA evidence could be a compelling instrument for re-visiting files and overturning convictions. Not only does this
begin to address past injustices; but it could also improve public trust in the criminal justice system. The existence of an all-encompassing and comprehensive DNA databank could serve as a deterrent to potential criminals. Being cognisant that one’s DNA may easily be tied to a crime could dissuade those with bad intentions from committing criminal activity. This detractive influence could boost public safety by discouraging criminality. DNA databases have the potential to operate as a transformative force. From a public safety standpoint, it could be disputed that the advantages of mandatory DNA laws for all citizens and residents could outweigh the perceived violations of human rights. It is conceivable that DNA technology be expanded to benefit many facets of law enforcement. Isabelle Sauvé has an MA in psychology and is a PhD candidate. She is also an ultramarathon/endurance athlete and the Racing the Planet/4 Deserts 2018 Series winner as well as a Guinness World record holder. She can be contacted at: isabelle.sauve@hotmail.com.
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11:35 AM January/February 20242024-01-22 | BLUE LINE 27
COLD CASE
BY STEPHEN METELSKY
OUT OF THE COLD Can DNA solve the 1976 murder of Rhona Margaret Duncan? It was a particularly warm day on July 16, 1976 in North Vancouver, B.C. Rhona Margaret Duncan, 16 years old at the time, was excited to be off for the summer holidays to enjoy time with her friends. That evening, Rhona attended a house party on East Queens Avenue. At 1 a.m. Rhona, Shawn Mapoles, Marion Bogues and Owen Parry decided to leave and walk home. They split into pairs when the two boys reached their homes first. Rhona and Marion continued together. They reached Marion’s home first, where the best friends parted ways, leaving Rhona to continue alone. She still had five blocks to walk. It was now 2:45 a.m. At 3:00 a.m., a neighbour—who lived three doors down from the Duncan family—heard a commotion outside. It was the loud, audible sounds of a male and female arguing. Once he was outside, the neighbour yelled from his
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backyard towards the source of the loud argument. He didn’t get a reply, but it quickly went quiet, so he retreated to his residence. At 9:00 a.m. the next morning, the body of Rhona Margaret Duncan was discovered. She had been murdered sometime during the early morning hours, just steps away from her home. Her partially clad body was found in some tall brush close to a neighbour’s garage. A forensic post-mortem examination was conducted to determine the criminal cause of death. The results concluded the cause had been manual strangulation. She had also been sexually assaulted. Police worked veraciously to investigate this tragic murder. Several interviews were conducted with all of Duncan’s close friends and outer social circle, along with several polygraph tests – yet the case remained unsolved. Fast forward to 1998. Although the case remained cold and unsolved, advancements in science and forensic examination had advanced significantly. The original RCMP investigators were able to recover DNA evidence from the crime scene.
When investigators tested the DNA evidence in the 1990s, they received a break in the cold case. A DNA profile was established – DNA that was linked to Duncan’s killer. During the initial investigation, RCMP investigators had an exhaustive list of 172 males. Now that a DNA profile had been identified, police obtained DNA samples from all these males in the hopes one would match the DNA left behind by the killer. None of the samples matched. Rhona’s case file is 1976-18404. Her homicide is still an open, unsolved cold case. The advancements in genetic genealogy have led to some high-profile cold cases being solved by Canadian police. This may be the next logical investigative step. The suspect’s DNA may hold the key to breaking this cold case wide open. If you have information or a tip, contact the North Vancouver RCMP Detachment at 604-985-1311. If you wish to remain anonymous, call Crime Stoppers at 1-800-222-8477 or visit the website: solvecrime.ca.
Stephen Metelsky, M.A., is an author, professor and (ret.) sergeant. Follow him on X @StephenMetelsky.
This book brings the knowledge gained from the Teen and Police Service Academy (TAPS), which has been implemented internationally to create partnerships with at-risk teens and police, proactively addressing some of the most pressing conditions in their communities. Readers will learn about the nuances of both youth culture and police culture and will better understand the conflict stemming from race and social class.
Police and YOUth is ideal as a primer for students, instructors, police officers, and citizens who stand to benefit from improving police-youth relations. It provides the tools needed to educate all parties and ultimately improve relations between police and the communities they serve. $60.95 | Item# 1138388604
Educational Resources for Industry Professionals | 877-267-3473 | annexbookstore.com
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BACK OF THE BOOK BY MIKE NORMAN
From sheriff to shepherd: A new path for dealing with young offenders
N
ot very long ago, I was putting together a course for police officers. The idea was to put some training together on how to deal with young people. Even speaking about them as young persons and not young offenders was shocking, even though it was legislated in the Youth Criminal Justice Act (YCJA) in 2002. Dealing with young persons may activate ideas around reform and using community resources to get them back on track rather than punishing offenders . If we can make this change in our language, then we can start to see offenders who are young as young persons who we can help get back on track. After a bit of research, I realized that the police and the courts were measuring success of apprehension and rehabilitation in drastically different ways. Officers thought guilty with a custody sentence was a success, while crown attorneys sought non-custodial measures of reform. Not being aligned in our goals can cause stress and resentment in officers when they go to court expecting a custody sentence and not get that outcome. So, I suggest reimagining success; moving from sheriff to shepherd, the way society and the courts have asked us to do it. Bear in mind that I am not talking about the worst of the worst; the YCJA speaks specifically to those issues where we can use adult sentences when the young person is a serious problem. It also makes a clear distinction between violent offences and non-violent. I’m mainly talking about the less extreme, non-violent examples. The courts will use custody only after we have exhausted all
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other options. This stems from the very first words stated in the YCJA: “Whereas members of society share a responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood” (2002). Remember, shepherds rather than sheriffs. An officer bringing charges to youth court expecting the court to “teach them a lesson” is already in a losing position. The courts are looking to punish, but not to deter, because that does very little good. Deterrence is an unreasonable objective because the research says that telling a young person about the risks around driving, unprotected sex and substance abuse has little to no effect on their behaviour (Steinberg, 2007). Even if a 14-year-old knows all the risks and could change their behaviour, they will not properly evaluate risk. Cognitively, they are just not there yet. The first half of the teen years is governed by strong urges to fit into a peer group, and the second half is governed by mate selection with equal or, perhaps, stronger urges (Buss, 2019). All of this says decision-making is not being done in a meaningful way by teens. They willingly sacrifice the self to fit into the group without concern for risk. It could be argued we are punishing them for trying to fit in. If we frame it like that, we can see that custodial sentences are not a deterrent because teens are not thinking about the consequences. Something commonly said by adults is that the teen “should have known what he was doing was wrong.” Yes, they probably did. That is the point. The re-
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We need to move our goals away from seeking punishment and towards finding ways to keep young people out of crime. search shows that knowing something is wrong is not a determinant factor for teens. Different research identified that when a young person gets arrested, they encounter an “a-ha moment”. This moment is described as the teen self-identifying that they had gone too far and are willing to make changes for the better (Soyer, 2013). Once they can actualize that change, it follows that consequences should be limited to the teen years and expire when they become fully formed adults. This approach has been echoed in the Supreme Court and is the foundation of why youth records expire. Think about it: 25-year-old you was much different than 15-year-old you. Should the 25-year-old carry the mark of bad decisions made by a 15-year-old? In R. v. B.V.N., the Supreme Court of Canada concluded that deterrence is not a sentencing principle under the YCJA. The approach aims to get young people out of crime. This is a similar approach to that of Minneapolis’ Blueprint for Action (2013), Wrap Around Milwaukee, and many other programs that exist in your area specifically for this purpose. When officers say, “They should do something”, it sounds to me like the programs
are not advertised well enough. They are doing something. It is upon us to use the programs as best we can. We need to move our goals away from seeking punishment and towards finding ways to keep young people out of crime, using non-arrest interventions. This may be a leap for many officers. Perhaps you can consider your worst day as a teen, and whether or not you would have mentioned it during a recruiting interview. I certainly would not have shared mine. As shepherds, we will do better when we embrace the extra-judicial measures available to us. Remember the “a-ha moment”? Incarcerating a young person effectively removes them from social supports to actualize that moment and surrounds them with bad influencers, increasing the risk of reoffending (Soyer, 2013). As a matter of fact, when controlling for other factors, it has been found that incarceration creates a higher chance of re-arrest than extrajudicial measures (Mendel, 2023). We need to spend the time to engage youth and spend time with them finding supports. Remember that we are in this job for at least 30 years. If we keep seeing the same people repeatedly then we are doing something wrong; we need to support ideas around getting people out of “the game”. For a full list of references, please visit www.blueline.ca/fromsheriff-to-shepherd-a-new-path-fordealing-with-young-offenders/
Det. Mike Norman is a facilitator at the Toronto Police College. He trains officers on Major Case Management, Search Warrant drafting and Youth Crime Investigations. Det. Norman has worked in youth crime, sexual assault and general investigation offices. In December of 2023 he will achieve a Masters in Criminal Justice from Boston University.
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