Issuu

Erio Fachin, Singer and Perfonner, Toronto, Ontario

To"y MouslM> • 110",1110" lIoppl!rS Skippllll( (tub. 110",111011. O"lorio

() "Ippmg IS an e\cellent

c> fllnl'ss activlI) - It\ aho fun Ton} \\ouskos

t takes a SpeCial kmd of energy to

live up to the rigoun. of promoting a hit album. [ria \I rks at having that kmd of energy by attending dance c1asse , practicing yoga and trampoline. [ria is careful to eat a nutritional diet.

and his team memhen. meet 3 tmll'S a \Il'ek for pl'dctice that Includes som amallng tri ~ Mos t mrmhen. (ages" IS) of this \lorld competltl\c team started \11th an actlw mterest and It,lrnl'd the rou ti nes through pra tl(l' I'\RT1Cll'action IS proud to sJlu tl' Ton} and the lIamillOn lIoppen..

(flCij 1fJgo,~. PiJnTlClPiJCTIOn

t Why you need he Five Minute PolieeDlan:

THE FIVE MINUTE POLICEMAN

Terry Barker has made common sense something that can actually be grasped and identified . You 'll not only learn a new system , and see how and why it works , but you 'll be able to identify how and why some of your own methods have worked in the past. Terry gives you The System - the tools with which you can achieve results by design . Even experienced policemen feel a new confidence , and we all know that confidence coupled with experience and ability means a polished and professional job

By Terry Barker \\ Ith the asslstance 01 Sgt. Ed Hill and the member.. of the Gibson, B.C. Derachmt!lt, RCMP

The Five Minute Policeman - $12.95 Ava ila bl e from

Green Gable Book Shop I 18 Main Street

orth , Markham, Ontari o

(416) 294-4773 VIS A - Mas ter ard - American Express Accepted

March 1990

Cover story

IN THIS ISSUE FEATURESa My Dad Shot my Mom - The real world Editorial: It's Lesson Time, Folks. Doing the Job - Dispatching in the city - Barbara Hagge On the Job Challenge - The smaller cities - Louise Dueck Cal-Tex is Coming - D.J . (Dave) Coutilier Death Rate Varies Among Popular Cars Disclosure - A cure for what ails the system? - AI Porter Nuclear Facts - What is radiation? Dartmouth Cops Train Women - AI Porter Report Blasts Justice System - AI Porter Lessons from The Marshall Inquiry Never Trust a Stranger - Geoff Cates Books

4 5 6 7 9 12 14 21 22 23 24 30

NEWSa

16 16 16 17 17 17

Three officers charged for smuggling Swiss accused of being soft on organized crime New York introduces floating jails Motor Fit fit for the road Police to publish criminals' pictures Drugs found in passenger's stomach U.S. to train KGB agents German Security Police disbanded East German police dogs to be destroyed Drug stash found in cattle Alberta's seat belt law in force again Singapore expands death sentences for drugs Of horses and lawyers Corrections Canada releases Legere report It's all a matter of rights Ex-Mountie loses appeal Cops kill robber but accomplice charged Officer refuses aid to AIDS prisoner Officer wins appeal Alberta expands immobilization program

18 18 18 18 18 19 19 19 19

20 20 20 20 24

CASELAWa

Public Drunkenness charge struck down No need to give details of arrest Murder trial transferred to adult court Rights to be given prior to AlERT test Authorization not needed for pagers Knowledge of impairment not necessary

March 90

15 25 25 26 27 3

his month we wish to tell you more about the police officer 's life line . The radio dispatcher is the steadfast sentinel of any police force . The vital duties performed by people like Metro Toronto Police Dispatcher Susan WalkerKnapper for the most part go unnoticed in the heat of the action precipitated by their call on the radio . Another tough aspect of the job for dispatchers is that they are blind to the action . They can have but a brief glimpse of what is happening . They must dispatch the car and give support but they never get to see what is happening and only rarely get the whole story. The demands of shift work, dealing with the multiple problems, long periods of routine punctuated by brief periods of high tension gives one the impression that the job they do is very close to that of the fro nt line officer. They have learned the importance and the necessity of keeping their cool while all around them are losing theirs. In this issue you will be introduced to the job of dispatcher both on the larger and smaller scale . You will read about one dispatcher's story dealing with the stresses of her job and you will read about why dispatchers enjoy the job they do. At the end of it all you may be more thankful that steadfast sentinel is always there to help .

The Real World

"My dad shot my mom" - Dina Stein -

fter four years of answering the 911 emergency line at the Bakersfield , California, Sheriff's Department, 31-year-old Michele Trout had learned to expect just about anything . But even she was unnerved by the call that came in that Monday morning . "My dad and mom are dead ," shrieked the young boy. "What do you mean they 're dead? " asked Michele , thinking it might be a child 's prank call. "My ... my dad shot my mom," the young ter sobbed. "My mom 's here. My dad 's ... got killed . And they're all killed ." Michele's heart raced. As the child went on , she learned that the eightyear-old boy's name was Romeo and he had just watched as his father shot his mother and then fired a bullet to kill him elf. Now the terrified child was reaching our for help. Michele was his only lifeline. Michele was used to dealing with adults in trouble, giving them matter-offact , businesslike directions. But she felt her heart crumbling at the sound of this small, high-pitched, hysterical voice . "I just wanted to reach out and hug him and tell him he 'd be okay," she admits. "I felt so helpless. It was clear the damage had been done and there was no way to repair it for this poor boy. I thought, he 's so young. How can he possibly cope with what's happening?"

She swallowed hard. Forcing herself to suppress her own emotions, she proceeded to do what she'd been trained for: reassuring the boy help was on the way, calming him while at the same time extracting key information. She found out Romeo 's address and discovered he was alone in the house with a baby sister.

The child was desperate. Michele was his only lifeline. "I just wanted to reach out and hug him and tell him everything would be okay"

"There were five dispatchers on duty that day and I guess the look on my face made the others realize something bad was going on. It was their teamwork that got me through ," says Michele. One dispatcher copied down the address and contacted the sheriff's units. At the same time, another operator was calling the fire department to get an ambulance out right away. It took just four minutes and 25 seconds from the moment the call was received until the deputies arrived at the scene . But to Michele it seemed like an eternity. 4

"Calm down ... catch your breath," she told the boy, trying to get herself to do the same. "Stay on the phone with me . I'll get somebody there . Just stay on the phone with me." She made small talk to distract him from the bloody scene around him. Then she told him to walk over to the front door, open it and make sure the deputies could get in . "The cops are here," the boy finally said to her. "[ can see the cops." Satisfied that help had indeed arrived Michele hung up. She was still trembling. "My peers were coming over to congratulate me, telling me what a good job I'd done. But all [ could think of was that poor boy." The real shock hit her the next day when the tape of that call was played back for her. "I could feel myself shaking and my eyes teared up ," she said . Michele had always wanted to be involved in law enforcement and left a job as a bank bookkeeper as soon as the police dispatcher job opened up . But she admits stress like this can be overwhelming . "Half the calls we get are related to violence : stabbings, shooting, stranglings, an hysterical mother who lost her child. When you pick up the line, you never know what you 're going to have," she says. And it isn't always easy to leave that stress behind at the end of the day. "[ couldn 't stop thinking about Romeo ," she recalls. "[ live alone but [ had to tell someone what happened. [ called a close friend ." Michele often finds herself reliving such experiences as she retells the stories to friends and relatives. By talking it out, she is able to let go of some of the feelings kept under tight reign on the job. "You have to be a certain kind of person to do this job," Michele says. "But knowing you can make an important difference in someone's life is why [ love it. "

March 90

.•

Vol.2 No.3 - March 1990 - EDlTOR/pUBUSHER -

The Editorial Advisors are persons from whom this publication seeks out advice and guidance. The use of their names is in recognition of their assistance and ongoing support.

- ADVERTISING Allan W. StivJIr (416) 294-5502 FAX: 294-8952 - ASSIGNMENT WRITERS Lucy Becker • Louise Dueck Al Porter • Rick Patrick - CORRESPONDENTS Robert Hotston • Richard Duplain Daffydd Hermann • Craig McMillan - COLUMNISTSGeoff Cates • Gary Miller Robert Hotston • Jim Bardgett - PHOTOGRAPHY John Loftus • Don O 'Shaughnessy -ILLUSTRATIONTony MacKinnon • Bette Clark - DESIGN AND PRODUCTION Don O 'Shaughnessy Eastern Graphics Services 66 Gerrard Street East\-Suite 203 Toronto , Ontario M:>B 1G3 (416) 348-87 13 Fax: (416) 348-8725 Blue line Magazine is published monthly, ten times per year by Blue Line Magazine Incorporated with head office at 11 8 Main Street North , Markham, Ontario Canada, L3P 1Yl. Editorial and copy is considered to be completely separate from advertising sales. No committment for editorial coverage can form any part of a sale agreement. Advertising enquiries should be made at (416) 294-5502 or FAX number (416) 294-8952. All articles are protected by copyright. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical , including photocopying and recording , or by any information storage or retrieval system without permission from the publisher. The authors, advisors and publisher accept no liability whatsoever for any injuries to person or property resulting from the application or adoption of any of the procedures, tactics or considerations presented in this magazine . Readers are cautioned and advised that articles presented herein are edited and supplied for your personal awareness and should not be referred to for further action until appropriate advise and guidance is received from a supervising officer or the advice of a Crown Attorney. Blue Line Magazine is an independant publication designed to educate and upgrade the skills of those involved in the law enforcement profession. It has no direct control from a law enforcement agency and its opinions and articles do not neccessarily reflect the opinions of any government agency or police force . Blue Line Magazine is printed in Canada by Johanns Graphics. The sole authorized distributor of Blue line Magazine is Green Gables Book Shop, Markham , Onta rio.

Ilt1 61 .

Associate member , National

Association of Police Planners

fIl']"!l Member, Periodical

~ Publishers Exchange

ISSN #0847 8538 Second class mail registration No . 8242 March 90

Editorial

Morley Lymburner - EDITORIAL ADVISORS David H.Tsubouchi LL.B. Mary Lymburner B.A. M.Ed . Gerald A. Oxman LC.LA. Jaan Schaer BA (MTPF E.A .P .) Tom Dykes (Halton Region Police) Robert Hotston B.A. M.Crim . (Peterborough Police Force) Rick Patrick (Lambton College)

It's lesson time folks

eading the Marshall inquiry is a study in history and social transformation . The poliCing profeSSion has changed dramatically since the initial investigation of that murder in a Sydney Nova Scotia park in 1971 . Attitudes toward policing have changed by both the public and the police . One still has to consider, however, if a Donald Marshall case could happen today. Indeed perhaps we should wonder if it was today 's style of poliCing that helped to set things right. The year 1971 is a difficult year to remember. What was the world all about in 1971. The newspapers were full of Vietnam, Hippies and Trudeau . It was an era when long hair was in and all cops were pigs. The country was still amazed about the War Measures Act being used to combat the FLQ and the police forces of the country were still made up of a dedicated breed of "two fisted crime fighters ." 1971 was an era in police evolution when the confession was king and your ticket to advancement was punctuated by the number of bad guys you put behind bars. It was also a time when most thought that there was nothing tougher than a cop and they didn 't need anyone 's help to nab a crook. There were no Charter of Rights and Freedoms and any evidence you could get was good enough to bring before the court. There was no Bail Reform Act so any warm , breathing body you brought before the officer-incharge was simply squeezed between the pipes unless he looked sincere and convinced us he wasn 't going to skip. Over shadowing the whole series of mistakes, blunders and coverups that was the Marshall case we also find the old nemesis of all police officers. Stereotyping and discrimination . When you 5

see only the bad in society it is difficult to believe there is anything good. No one in that city would see more than the Sergeant of Detectives of the Sydney Police Force. Confronted daily by a barrage of inCidents, many of which could have been themselves motivated along racial lines, it would be easy to understand how one would not be willing to believe that this "trouble maker" was not guilty of any wrongdoing. Understanding is one thing but stacking the deck is another. Officers of that era were dedicated types of individuals. They had a murder on their hands and a community demanding to see their city safe from such activity. But the investigators forgot their duty and their oath of office. They were to bring out the truth and present the evidence to the courts. They were to do it in a profeSSional and objective manner. If there was something that did not fit they were duty bound to ferret it out or tell the community that something is missing and seek their help . Instead these officers expended a great deal of energy building a prison wall around Donald Marshall. Energy that, if directed properly, would have come up with a proper suspect within a month . Hindsight is a great teacher. We should all learn by the mistakes in this case and work hard to make sure we do not fall short in the future. We all have to admit that it just don't get any worse than this. But one still wonders if the enactment of the Charter of Rights would have changed things. The study of this case brings home the importance of training and keeping officers up to date with recent changes in laws, techniques and technology. Yes, boys and girls, we can not afford any more fiascos like the Donald Marshall case.

side red to be such a tough way to earn a living and why so few people could be successful at it. After a short tour it does not take long to realize that this group is a unique breed . At first glance the entire office takes on the appearance of a film shoot of "Eight is Enough ," with an additional A tour of Canada's cast of 18 - an undisciplined, chaotic busiest communications room group of individuals all plugged into electronic lines of oblivion, but strangely active . - Barbara Hagge Take a closer look and time to listen. Your opinion will change. This ut of every 100 applicants who of operation and how their unit inte- group is harmonizing with their work apply for the job, only seven to ten grates with the others. They need to environment, releasing tension and presindividuals ever become trained know their staff well and be able to sure, "letting off steam," so to speak, in graduates capable of handling a posi- identify changes in behaviour patterns. a concerted effort to handle, in splittion on the dispatch desk in the Metro- To control and direct the entire opera- second timing , any imaginable emerpolitan Toronto Police gency. If a life depends upon Communications Bureau. their ability to think rationIf you have ever imagined ally, move with mental stealth yourself to be : brave of and react with precision, it is heart , understanding of imperative. It takes a treneed , calculating of mind, mendous amount of paperhaps you should see just tience , stamina and mental how you measure up discipline, on the part of all against these steel-willed who work in this particular performers. area, to cope with the inMetro Toronto Police credible responsibility and headquarters handles aptension that is relentless, hour proximately 40 ,000 calls after hour, shift after shift, each week. At an average day after day. rate of 238 calls per hour it What's so tough about would be physically imposthis job, you might ask. For sible for anyone person to example, consider the 9 11 juggle. In fact , there are 12 emergency number. This line 40,000 calls each week, an average rate of 238 calls per hour take 12 dispatchers dispatchers and 25 tele- and 25 telephone positions every shift to handle. alone rings approximately phone positions to fill every 22 ,500 times per week. To tion requires a knowledgeable commu- monitor this line means that you have to shift. Metro Toronto Police have recently nications administrator, functionally be calm, controlled and in total compurchased their own telephone system familiar with technology and superior in mand of the situation . The irony of the from Mitel Corporation . Bell Canada the field of human relations. situation is that only 40% of the calls are For some unknown reason , only real emergencies, the balance being provides an SLl switch which enables any number of lines to be reconfigured certain individuals seem to have the misinformed individuals and , believe it to meet the demand of incoming/out- combined physical and mental qualities or not, wrong numbers. going lines, within a mere 15 to 20 to perform successfully in this position. Through careful screening , staff Trying to identify people with these must be able to determine, who actually seconds. There are a great many parallels characteristics, in a simple, categorical, requires the services of an ambulance or between working in dispatch and work- or logical manner, is still an unsolved the fire department , redirect parties ing in air traffic control. It takes a team mystery to Personnel. Trial and error, accordingly and provide back-up as of individuals, each independently skilled time and exposure , training and prac- required. Calls from active force memand each capable of working in com- tice , still seem to be the only way to bers account for another 2 ,800 calls plete harmony with the other members. adequately staff these positions. each week through inside communicaSupervisors need to have a thorough Being an outsider, one would be tions. The Police Service Desk to the understanding of their respective areas curious as to why working here is con- public handles another 14,500 calls.

Feature

Doing the job

March 90

The radio communications system is also channeled through the same office and is physically located in the same area as telephone communications. When you combine 800 portable radios, 1,100 mobile units and 365 mobile digital terminals all operating at the same time, one has to appreciate the people that must handle it. For those of you out on patrol, you take comfort in the continuous sound of information being relayed back and forth across the air waves. It is often the only link you have with headquarters. But, if you happen to be on the inside, it can be like living one gigantic migrane. For just a short while picture yourself perched at a desk in front of a computer terminal connected to the mainframe computer at headquarters. You must input data on the status of current activities. You also wear a telephone headset and transmit information to the various mobile units. Beside your computer terminal there is another computer providing access to CPIC. Requests are made , you shall seek. .. and ... you shall provide ... a whole range of information. In addition to this computer is yet, another screen indicating the status of mobile units dispatched and on assignment throughout the Metro Toronto area. In addition one ear must be tuned to the world of the hand held and motorcycle radio bands that are separate from the main system you are working with . Frankly, many people could not function in the pressure cooker described. The skill and diversification with which these individuals function is literally, awesome , deserving of considerable respect. Staff Inspector, Thomas A. Parish, who guides and directs the Communications Bureau, is a man who respects the abilities of his staff. This man of rare human insight was quick to praise his staff. To him we give the final word; "I make a consistent effort to maintain a good rapport with my staff and I like to think that these people work with me. I don 't think of them as working for me. If we meet the public need with quality service, be it on the inside or on the street, we 're doing the job. " March 90

~ Feature Dispatching is a challenge in smaller cities - Louise Dueck Blue Line Magazine Assignment writer

1's Friday night and the station operators at the Orillia City Police Headquarters are handling the usual rash of calls. "Orillia Police Force , Operator Chapin". "This is the Shang (ShangriLa Gardens, a local watering hole). We 've got a fight ", came the very fast and excited voice. "How many people are involved?" the operator asks calmly.

Orillia: computer dispatching comes to small town Canada.

Given a number, the operator responds, "Okay, we 'll have officers there as soon as possible ... please hold", she instructs, "I have another call". "Orillia Police Force , Operator Chapin", she responds to the second call. "Is this an emergency situation?" When assured it is, she queries the nature of the emergency. "There's an accident at the intersection of Peter and Coldwater. One person is injured", the operator is told. "Is it a serious injury? Do you need an 7

ambulance?" When informed the injury appears serious, the operator responds , "Okay, I'm going to put you on hold while I dispatch an officer and an ambulance. " Having done so, the operator returns to the caller on Line One and assures him officers will be dispatched as soon as possible. She then gathers more information about the accident from the second caller and consults with the sergeant on duty for a priority decision. Since both cruisers on patrol in the area are attending fights , the operator radios and asks if one can clear for a P .I. Weekends are the busy times in this city of 24,000 located 150 kilometers north of Toronto . The station operators agree the majority of calls are alcohol-related fight calls, and the fights all tend to break out at the same time. The on-duty members of the 42 officer police force are kept busy moving from one bar fight to another. On twelve-hour shifts, the station operators may be too busy to take their breaks, but, on the other hand , the quiet times can be boring . "It can be dead or it can go nuts". Operator Ida Luciano says. "But when its busy its also challenging ." "Part of the challenge ", says Sgt. John Bateman who supervises the station operators, "is that the information and filing previously handled by others is now entered directly onto the computer system by the operators - the call, dispatching times, and , if needed, a

Their role is very, very vital. " later call for an investigation." when required . The "OMPPAC" system, (Ontario The communications, handled by Since their duties encompass only Municipal and Provincial Police Auto- five dispatchers, all civilians, is the glue the Orillia city limits, information remation Computer) in place since March for the whole department, according to ceived on occurrences outside the city la t year, makes instantly available to Inspector Courvoisier. When Police are relayed to the local Ontario Provinofficers information on previous con- Chief Kenneth Boyd is not here, the cial Police . As well , they correspond via tacts to the same CPIC with other forces . people and ad While admitting the busy times can dres es when rebe stressful as can the nature of some sponding to a call. calls (ie . a robbery in progress, an acciThe system develdent with injuries or any situation where human life is at stake), the rewards oped by the Onoutweigh the stresses. tario Government has eliminated the "I like what I do ", says Lorna Annis, in dispatching since 1975. "I feel I am necessity for all report forms used contributing to something . It's dealing by the force with with people, and at times you feel you 've the exception of helped somebody. " Judy Chapin agrees. "I like working the accident rein a policing atmosphere. The work is port. When a call is interesting and varied ." received, the staStressful or rewarding , busy or quiet, tion operator as- A well-planned integration 0/ technology and skill make the system work. there is very little turnover among the sesses it, enters it station operators, Sgt. Bateman says. onto the computer as a "call for service " station operators are actually acting in And as the Orillia communications sysand dispatches it according to zone . In his place. tem moves into its second OMPPAC spite of the new technological advances The operators confirm their duties stage - placing computers inside cruisare extensive and include both ers - the work will continue to be chaltelephone reception and lenging . dealing with the public at the counter; dispatching to officers; handling queries for officers on the road; entering officers' completed reports onto the computer F R A N C H 5 E system ; doing • ONTARIO'S FASTEST GROWING PROFESSION CPIC entries, re• CONSTANTL YINCREASING IN DEMAND movals and modifi• OPPORTUNITY FOR EX·POLICEMEN, PROSECUTORS cations; monitoring &COURT PERSONNEL the headquarter's • HIGH DENSITY AREAS STILL AVAILABLE security system • TURN·KEY OPERATIONS AVAILABLE and , in summer, • START UP EXPERTISE AVAILABLE monitoring the ma• EXCELLENT TRAINING AND UPGRADING rine radio. FINANCING AVAILABLE Better known/or ballads than bar fights , Orillia has its share 0/ Orillia operalaw e,,/orcement challenges. FOR FURTHER INFORMATION tors also handle fire CONTACT the dispatching is still totally voice com- department calls when they are out on call, communicatmunication. BUSINESS "Everything we do comes in as a ing on the fire department's SERVICES complaint". Says Inpsector Bill Courv- radio frequency. They will (416) 848-6202 contact other emergency oisier. "The operators handle all these, WILLIAM GAY Franchise Director coordinate all the information and bodies such as ambulance, process it to the correct department. tow trucks and public works,

TRAFFIC COURT

AGENT

March 90

n June of 1990 hundreds of American police officers representing law enforcement agencies from across Texas, Arizona, New Mexico, Nevada, Colorado, and California will be motorcycling their way to Canada. Their destination is Canmore, Alberta. Their purpose is to attend the 13th Annual "CAL-TEX" Ride. Their objective is to enjoy a little rest and relaxation, motorcycle touring in the Canmore, Banff National Park and Lake Louise areas.

;@/L .. _.,~

~~'

On the Road

"CAL-TEX"

•

• coming

- D.J. (Dave) Coutilier -

The parade of Cal-Tex riders in downtown Flagstaff, Arizona, in 1987. The double line of motorcycles stretched for over a mile.

The 1990 event marks the very first time the ride has travelled to a destination outside of the U.S .A. , and for many of the Ride participants it will be their very first visit to Canada. "CAL-TEX", short for CaliforniaTexas, got its start back in 1977 when two police officers, both having a love for motorcycles and bike touring, met on a training course in Sacramento, California. They agreed to meet the following year in Flagstaff, Arizona and

a challenge arose as to how many motorcycling officers each could convince to make the trip. That very first meet saw an attendance of 32 touring bikes and riders , and the attraction was a tour of the South Rim of the Grand Canyon. The interest that evolved from the first meet was so strong and positive that enthusiasm has been growing steadily for it ever since. The Ride took its name from the homes of the two found-

ers, John Gage, Dallas P.O., and John Glover, California Highway Patrol. In recent years attendance at "CALTEX" meets has swelled to between 600 and 700 participants and 400 to 500 motorcycles. The only criteria for participation in the event is that one must be an active, sworn, law enforcement officer. It also includes the spouse or an honourably retired officer. Guests may also attend, providing they are sponsored by a police officer. Member~g .. ~.

March 90

EY e>

-------------9---------------~~~~

ship currently includes one Circuit Judge from Texas who attends all rides. The Ride travels to a different destination each year, usually selected by the executive Ride Committee. AppOinted Ride Co-ordinators (one Texas, and one California) organize area tours , sight-seeing trips to points of interest, and an assortment of bike/people related activities.

to meet with others in the same field who share a common interest in bikes and touring, enjoying good times, and establishing some lasting friendships. The spin-off in the fulfillment of the "CAL-TEX" purpose has been the positive force that strengthens the bond of brotherhood that exists among police officers, regardless of uniform. "CAL-TEX 1990" starts Monday

petition and a tour of the Calgary area. The meet concludes on Saturday June 23rd with a rodeo sponsored by the Calgary Police Rodeo Association, and features the most popular rodeo events. Hype in the U.S .A. has been growing steadily for the 1990 Ride, and present indications are that about 700 bikes will invade Canmore, come June 18th. It is felt this will be a rather unique event, in that it provides a rare opportunity for the peace officer on one side of the 49th parallel to meet with his counterpart from the other. Hope to see you there. About the Author

Texas chili supper cook-{)ut on the 1988 ride to San Antonio

Typical activities include a shine and show, bike judging, poker ride , swap meet/social hour, dance, wind-up dinner, a fund-raiser auction, and an awards presentation for such things as distance travelled , oldest bike, oldest/ youngest participants etc. Profits from the 1990 trip to Canmore , Alberta will be given to the co-ordinators for organizing the 1991 Ride to New Mexico. Each Ride is usually held during the second or third week in June to avoid the heavy tourist season of the summer months, and runs for 3 to 4 days. In addition to the June Ride , each side plan a spring and fall ride usually held within, or close to , their home state . These "mini" rides are held on weekends, and keep riders in touch with one another for purposes of information exchange and fund raising . The purpose of the "CAL-TEX" is to provide an opportunity for people within the law enforcement occupation

June 18th at Canmore , Alberta . Canmore is located on the Trans-Canada Highway, about 100 kms. (60 miles) west of Calgary, and at the eastern entrance to Banff National Park. Participants will spend four days touring the Park, the Banff townsite, Kananaskis Provincial Park, and Lake Louise. On Friday June 22nd, the Ride moves to Calgary for a hand-gun com-

Dave Boutilier is a senior constable with the Calgary City Police, and Canadian Co-Ordinator for the 1990 "CAL-TEX Ride". He became involved in this event in 1986, after being invited to attend the '86 Ride to Rapid City, South Dakota. It was such a memorable event that he has attended rides to Ragstaft in 1987, Kerrville (San Antonio) Texas in 1988, and Lake Tahoe last year. Dave has found each and every ride a memorable experience, from the wealth of new friendships made, to the unique travel memories that will last for many years to come. Anyone interested is urged to register in advance by writing to Dave at P.O . Box 3045 , Airdrie, Alberta, T4B 284 or by calling his house at (403) 948-4116 or work at (403) 284-3393 and leave a message .

Shine and show, San Antonio 1988

March 90

- - - - - - - -- - - - - - - - -- - - - - -- - - - ,

The Criminal Code of the 90's! • Commentary explaining in everyday language each and every Code provision.

THE ANNOTATED TREMEEAR'S CRIMINAL CODE 1990 by Mr. Justice David Watt & Michelle Fuerst

The only Criminal Code to give you both concise annotations and incisive commentary for each Code section - all in a single volume! Special features include: • Full text of the Criminal Code as well as the Narcotic Control Act, Food and Drugs Act, Canada Evidence Act, Charter of Rights and Freedoms and Young Offenders Act.

• Comprehensive textual cross-references to related provisions of the Code and other statutes. • Succinct, 1-or-2 sentence case annotations organized by topic, court level and provlnce. • Comprehensive general index.

A vailable for a 6O-Day No-Risk Examination. Multiple Copy Discounts Available. November 1989

L459-33151 hardcover

1418 pp. $55.00

Also Available POLICE INTERROGATION by Seumas Woods

A complete examination of the law and practice relating to interrogation by police officers. Includes an overview of interrogation tactics and discusses: the right to counsel, privilege against selfincrimination, right to remain silent, the confessions rule, impact of the Charter of Rights and Freedoms and more. 276 pp. L459-33921 January 1990 softcover $25.00

ONTARIO PROVINCIAL OFFENCES 1990 The essential collection of statutes and regulations used by Ontari9 law enforcement officers. Contains full text of 19 provincial statutes including the Provincial Offences Act and Highway Traffic Act. Plus official words and expressions used in charging offences. Pocket-size format (4Y2" x 7"). L459-33801 December 1989 1100 pp. softcover $19.95 Multiple copy discounts available

THE POLICE MANUAL OF ARREST, SEIZURE AND INTERROGATION 4th Edition

THE POCKET CRIMINAL CODE OF CANADA 1990

by Judge Roger E. Salhany

Sets out the complete Criminal Code with all recent amendments as well as the text of 11 statUtes related to the Code. Includes a comprehensive index to the Code and the related statutes. All within a 4Y2" x 7" pocket-size format.

Sets out the fundamentals of police activity as outlined by the Criminal Code, i.e. arrest, issuance of a search warrant and search and seizure. Also examined are court pronouncements relating to the Charter of Rights and Freedoms and their effect on police powers. L459-32331 1988 202 pp. softcover $21.95

November 1989 L459-34131 softcover Multiple copy discounts available

784 pp. $14.95

All the above tides are available for a 30-day free examination. Call, write or FAX: Toronto • Calgary . Vancouver . Ottawa . Montreal

CARSWEll

Ordering Address: 2330 Midland Ave., Agincourt, Ontario MIS IP7 FAX: (416) 291-3426 TOLL FREE: 1-800-387-5164 (Toronto Bus. Hrs. only) IN TORONTO CALL: 291-8421

Prices subject to change without notice.

2/90

Report

Death rates vary among cars by more than 700 per cent

ccupant deaths occur far more often in some cars than in others. The American based Insurance Institute for Highway Safety researchers computed death rates for 1985-87 cars and found that, among the 103 biggest

cupant deaths and registrations that occurred in the three calendar years, 1986-88. (A vehicle series is a family of cars within a make that has the same wheel-base and a degree of commonality in construction.)

Not surprisingly, accident mortality rates reflect car mass and driver experience.

selling vehicle series, the one with the lowest death rate is Volvo's four-door 740/760 , a midsize specialty car, with 0 .6 deaths for each 10,000 of these cars registered. The series with the highest death rate (5 .2) is the Chevrolet Corvette , a small sports car. The Corvette's death rate is more than eight times as high as the Vovlo's. For each vehicle series, rates were computed from the total number of oc-

Car size is an important influencing factor on death rates. Of the 10 individual vehicle series with the lowest death rates, three are large and six are midsize cars. Only one is a small car. Twelve of the 15 cars with the highest death rates are small. The other three are midsize. None are the traditional large (standard) models. Large two-door cars are the size/ body style group with the fewest deaths 12

per 10,000 registered cars. The next best group is large specialty cars, followed by large and midsize station wagons. The group with the highest number of deaths per 10,000 registered vehicles is sports/specialty cars. Other interesting facts released indicate that some small cars are more dangerous than others. Among small four-door cars, for example , the Volkswagen Jetta has the lowest death rate (1.1) . The rate for the four-door Chevrolet Chevette, another small car, is nearly four times as high (4.1). Corvettes have the highest proportion of single-vehicle crash deaths (83%) among all 103 cars investigated in the series, and Oldsmobile's Cutlass Ciera station wagon has the lowest (13%). The Institute also computed driver age into the factor as well as the sex of the persons involved . This part of the study revealed that cars with high percentages of fatal crashes-involved drivers who are under 30 years old tend to have higher death rates. The sex of the driver is important, too. Cars with high percentages of female drivers tend to have lower death rates. The Institute also reported that they found some un-explained factors that should have followed the normal trends but didn 't. The Honda Prelude, for example, has a relatively low death rate (1.5), even though it's small and has a relatively high percentage of drivers under 30 (47%). Its percentage of male drivers is about average (60%) The industry's best and the worst: Lowest Death Rates Volvo 740/760 4-door Ford Taurus station wagon Lincoln Town Car Audi 5000 4-door Cadillac Fleetwood/ DeVille Chevrolet Cavalier station wagon Olds Cutlass Ciera station wagon Toyota Cressida 4-door Volkswagen Jetta 4-door Highest Death Rates Chevrolet Corvette GM Camaro/ Firebird Dodge Charger/Shelby Ford Mustang Nissan 300ZX Chevrolet Chevette 4-door Chevrolet Sprint Honda Civic CRX Plymouth Turismo Pontiac Fiero Chevrolet Chevette 2door Chevrolet Spectrum 4-Door Dodge Daytona 2-door Ford Escort 2-door March 90

--------

- - - - - - -- - - - - - - - - - - - - - - -- -- - - - - - - - - - - -- - - - - - - - ,

( CASE LAW: \

LiquorLaws

~____________________________________________________

Public Drunkenness charge struck down by Charter A Provincial Court judge in Lethbridge Alberta has struck down a public drunkenness charge because the wording of the Alberta offence is too vague and therefore leaves it open for abuse by law enforcement officers. The Section referred to is 97(2) of the Alberta Liquor Control Act. The presiding judge stated that "There aren 't any clearly defined or even generally defined gUidelines for anyone when deciding whether or not this person should be apprehended and charged with being drunk in a public place. " The presiding judge stated that another section leaves considerable discretion up to the officer in that he has the ability to arrest the person or leave

him in the custody of a responsible adult. "What can result from this discretion" the Judge stated, "is a confusion of enforcement and by the same token , an unequal vulnerability to penal consequences. Without a clear standard for prosecution , the peace officer is empowered to act capriciously, subjectively or even with prejudice." The court was mainly concerned with a lack of a clear definition of what drunkenness means. It advised that without a clear definition it was impossible to determine at what point a person has stepped over the line of simply being a little tipsy to being drunk. The court concluded that no matter

how well meaning the police were in the matter before the court the section still exists in breach of section 7 of the Charter of Rights and Freedoms. Section 7 states "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." The accused man charged in the case was a well known alcoholic with a long history of being found drunk in public places. Police had for many years been in the habit of finding him unconscious on the streets and lodging him in jail for his own protection. The Crown counsel in this matter has registered an appeal of the ruling .

•••••• • • •• •• •••••••••••••••••••••••••••••••••••••••••• ••••••••••

The 1990

Canadian Police Officers Motorcycle Championships

• ••

• • • • • • ••

• • Held in conjunction with FAST Motorcycle: •• Training School, Shannonville • • • • Practice: June 27th, 28th, 29th •• Final Race Day: Saturday, June 30th • • • •• Shannonville Motorsport Park •• Shannonville, Ontario • • • •• For details write to: Executive Committee Canadian Police Offuicers Motorcycle Championships •• 733 leaside Street Pickering Ontario •• l1W 2X2 or call (416) 831-2013 •• •••••••••••••••••••••••••••••••••••••••••••••••••••••••• • ••••••••

Insight

Disclosure

A cure for what ails the system? - AI Porter Nova Scotia Correspondent

spokesman for the Canadian Bar Association says ''The days of 'Trial By Ambush' are over," and his association wants to see this reflected in the Criminal Code of Canada. Dartmouth lawyer Gordon Proudfoot, counsel for the bar association during the Marshall Inquiry says the circumstances which saw Donald Marshall wrongfully convicted and sentenced to prison for murder was "just the tip of the iceberg. " Proudfoot sees full disclosure of evidence to counsel for someone accused of an offence as one method of ensuring no one else is wrongfully convicted . In the disclosure process, the defence counsel is given access to the prosecution files in order that there are no surprises for the defence when the matter is brought to trial. To illustrate this matter, Proudfoot says that when an offence has been committed , the might of the police, prosecution and other government agencies is directed against the accused person, termed by Proudfoot "the little guy." Setting out a hypothetical situation Proudfoot says as the police investigate and sort out information pertaining to the matter there will often, maybe always, be information come to light that could be favorable to the accused. Proudfoot advises that in such cases this information may not be reported to

the prosecutor as it would be unfavorable to the case. "The police may get ten units of information, some of which might be favorable . Five units go to the Crown." It is then the decision of the Crown about how much information to give to the defence. "The defence may get three units of information if it's the Crown's decision to keep a little bit in reserve . " Proudfoot suggests the Bar Association wants the force of law to stop what he termed , "This erosion, this editing of information. This editing process, from the Crown to the accused, must be controlled," he says. He says some jurisdictions began giving disclosure of evidence in 1985. This was a policy decision and Proudfoot says gUidelines which recommend this procedure are "inadequate ." He says an accused, under the common law, has the right to know the offence of which he is accused and who is making the accusations. He adds that defence counsel needs to have this information available prior to a trial in order to prepare a proper defence. He says there are certain definable instances when the name of a witness should be withheld from the information . He cited cases in which an accused person is known to be violent or when there appears to be danger to a witness. Staff Sergeant Don Thomander, NCOIC of the Halifax Police Criminal Investiga14

tion Division , says "We have no problem with disclosure." He says the disclosure policy has been followed by Halifax Police for several years. Thomander says he has been approached by persons who are potential witnesses with complaints that they have been contacted by lawyers acting in defence of accused persons and have felt they were being .intimidated. "We like to keep the addresses and phone numbers to ourselves," he says. But then points out that many witnesses can be located by anyone using a telephone directory. Thomander says in cases where such complaints are received witnesses are advised that it is not necessary for them to speak to the defence counsel. "We don 't tell them not to , we tell them it's up to them, but they don 't have to," he says. Thomander says his office prefers to protect the names of "certain people, if we have any fear of retaliation." Thomander says "There has never been a case, I can recall, where there has been a big emphasis placed on the availability of information. Assistant Prosecutor Nigel Allen of the Dartmouth office agrees with Thomander about the current availability of evidence for defence counsel. He says Canada has in place, "an offenderprotective" system of criminal justice and the trend currently is to look upon crime as a "societal matter". He says the disclosure process currently reveals to the accused person the statement of facts against him, the witness statements and the witness list. At his office the phone numbers and addresses of witnesses are sometimes blanked out of the information. "I have no reservations at all, we have to uphold the system of justice, such as it is," Allen says. "But victims are expected to shoulder their pain silently." Staff Sergeant Norm Sibley of Dartmouth Police says, "Personally, I don 't see any problem with disclosure, no major difficulties." But, he says, police must be given sufficient time to make a thorough and complete investigation. As to published comments about the probability of the Marshall injustice March 90

being impossible had there been full disclosure made in that case, Sibley says, "You can 't apply today 's standards to another time. " Allen, Sibley and Thomander each expressed concerns about the potential for witnesses to be subject to intimidation or harassment if accused persons were given their names. Proudfoot disagrees sharply . "Nonsense. Anyone who intimidates a witness has committed a criminal offence . There are all kinds of protection (for witnesses) in the criminal code. "

( CA~E LAW: \

Caution

Proudfoot agrees that there are certain instances when witnesses must be afforded greater protection. "There are limits to everything. There should be rules and gUidelines, but let a judge decide. It's not for the police to make that decision. " Proudfoot says that many of what are currently seen to be shortcomings in the system are due to the overwhelming case loads faced by "underpaid, overworked" prosecutors and "underpaid. over-worked legal aid attorneys who don 't have the time or resources."

Proudfoot says the findings of his committee have been submitted to the federal government and he has been given to understand that the recommendations have received "favorable comments" from the justice minister. If the recommendations of this committee are followed the Canadian Criminal Justice System might one day soon, see an amendment to the Criminal Code which will give full disclosure "the force of law," in addition to being practiced "in fact ".

~.____________________________________________________

No need to give details of arrest (Regina Vs. Smith) In a rather significant January ruling from the Nova Scotia Court of Appeal it was determined that an officer arresting a person need not go into a lot of detail when informing the accused of the reason for an arrest. This ruling was made in spite of a seemingly contrary ruling made by the Supreme Court of Canada last September. In this recent ruling Nova Scotia Justice Malachi C. Jones stated that if the police get into the habit of giving all the details regarding the arrest then they would be taking over the duties of the defence counsel. He advised that it was not necessary for police to advise accused people of all the potential legal consequences of an arrest. In this case a Mr. Smith had gotten into an argument with another man over who was a better fisherman . He got into a scuffle and came out the worse for the battle. He then obtained a gun and shot his adversary. When police arrived they detained Mr. Smith for questioning and advised him it was "for a shooting incident. " The officer then advised him of his right to counsel but did not tell him the victim had died of the gun shot wound and that he would be charged with murder. The

March 90

accused gave a full statement after waiving his right to counsel and admitted the entire incident. On appeal the defence quoted a Supreme Court of Canada ruling in the matter of Regina Vs Black. In this case the accused was arrested on a charge of attempted murder. She spoke with her lawyer and did not give a statement. At the time she was quite intoxicated. Later in the evening the victim died and the officers advised the accused she would be charged with murder. She could not get hold of her lawyer and the officers then obtained an inculpatory statement. In this case the statement was ruled inadmissible . In the Smith matter the defence attorney argued that his client suffered from the same problem and the officers breached his 10(a) charter right. This section reads "Everyone has the right on arrest or detention to be informed promptly of the reasons therefor; " The Nova Scotia decision stated that the decision made by the Supreme Court in "Black" was different from the case at hand . Mr. Justice Jones stated that in the Supreme Court decision the accused person was intoxicated and was not fully aware of the consequences

of waiving her rights. "That was not the situation in this case ," wrote Mr. Justice Jones. "The appellant had been beaten and was no doubt suffering from the effects of alcohol. However, the evidence of the police indicates that he was co-operative and that they made every effort to advise him of his rights." He continued by writing that he was unable to "find any element of unfairness in the procedure followed by the police . Informing him that they were arresting him for a shooting was sufficient to apprise him of the serious consequences of making a statement. " This new case brings forth a new area of consideration for police officers. It is clear that the courts are concerned about fair play. In other words if a person in custody is clearly incapable of forming opinions and making proper judgements then the investigator should take extra steps to ensure that counsel is notified and the accused clearly understands his predicament. On the other hand if the person is rational and aware of what is happening then there is no real problem with not going into the most detailed advice before taking a statement.

.news beat ... news beat ... news beat ... news Th ree officers charged for smuggling

Swiss accused of being soft on organized crime

Three members of the RCMP have been charged with two counts under Customs and Excise Act for failing to report liquor brought across the border from Minnesota to Manitoba last December 13th . The three officers are from teinbach , a community of 9 ,000 people located in southeastern Manitoba. Information released indicates that it is alleged the officers were returning from a hunting trip to the American "Northwest Angle Park" and while there had purchased a quantity of liquor. They entered Canada via an unmanned border crossing leading from the park into Manitoba. The road leading from the border crossing intersects with a main arterial road leading from a manned crossing . The officers are alleged to have ignored a sign at this intersection ordering all per ons from the North West Angle Park to report to Canada Customs by making a left turn . The officers are alleged to have made a right turn and returned to their homes in Steinbach. The officers were later interviewed by Canada Customs officials and subsequently investigated by RCMP "0 " Division Headquarters personnel and charges were laid by the Commanding officer of the Division . The local Steinbach newspaper reported that they had interviewed Customs personnel and were advised the normal procedure for people caught the first time in such an act is to have them pay the duty and a penalty for failure to report. They advised the re'porter that it was not normal procedure to bring formal charges. Members of the R.C.M .P. are not represented by any independent Association or Union that might help advise them in such matters.

A parliamentary commission inquiry in Switzerland has accused Swiss prosecutors of being too soft on organized crime . The commission reported that Swiss justice authorities were too soft on organized crime and even failed to investigate charges of Nazi war criminal activity in the country. "The threat posed by organized crime has been recognized too late by the Federal Prosecutor's office," the commission report said . "The fight against international drug traders and money-laundering has been assigned too little importance . "The Federal Prosecutor's office declined to investigate an internal report in 1982 alleging that Klaus Barbie was using profits from cocaine sales to buy aircraft and tanks in Switzerland and Austria on behalf of the Bolivian government," it said . "The government is neither corrupt nor infiltrated by criminals, but its failure to act deciSively must stop," the report said .

The report proposed that Swiss authorities give a higher priority to fighting organized crime, concentrate on bringing ringleaders to justice, and work more closely with other countries to smash gangs.

New York introduces floating jails In an attempt to relieve overcrowded jails, New York city has introduced floating jails to incarcerate hundreds of inmates. Hundreds of prisoners are presently being held on two floating barges in the east river. The move is being praised by guards and inmates alike . "This is a beautiful place," one prisoner stated on the morning he moved on board the 115 meter 400 bed barge. Although the corridors are narrow and their ceilings low, each cell has its own shower, sink and toilet. Luxurious was how some described it when compared to the conditions they had at the city's prison on Rikers Island. City officials advised that it was cheaper to convert barges than it was to

FLASHES Tony MacKinnon by

"Keep off the paved portion! "

_ _ _ _ _ _~16

March 90

.news beat ... news beat ... news beat ... news build jails from scratch. They advised that river space was cheaper than city space. Action had to be taken due to the tripling of New York's prison population due to police crackdown on drug trafficking. In addition to the barges the city is now looking at converting pier sheds, schools, and even swimmingpool bath houses into prisons for the city's 19,000 prisoners. However the floating jail concept is so popular the City has contracted a firm to build one twice the size of the present ones.

"Motor Fit" fit for the road Courtesy of Police Science & Technology Great Britain Home Office "Motor Fit" the exciting new vehicle identification system developed in Dorset, England, by Sgt. Simon Grantham under the auspices of the Home Office Police Research Award scheme has within a week of it presentation to an audience of Chief Constables been pulled straight into a frontline operational role . The dynamic way in which this unique technological process will impact upon vehicle identification for witnesses will soon be known. Although only a prototype, Brian Weight, Chief Constable of Dorset, says he" .. believes that it will have the most far ranging impact upon investigative policing since the introduction of computers to the police service. The Motor Fit prototype has no parallel. It has proven the principle of rapid vehicle identification and it is based upon sound police and psychological practices. " The System Simply put, Motor Fit is a colour photograph album of cars stored on computer. The witness gains access to

March 90

a 'psychologically safe ' number of photographs through a series of indices designed to make use of the information the witness can offer. Provisional costings indicate that use of Motor Fit will result in considerable financial savings in investigating a wide variety of incidents. The system has been structured around the way leading psychologists believe the human memory operates providing an ideal blend of psychology, technology and operational expertise . Five indices make up the background of the database. These are colour, features , type likeness, verbal classifications and front ends. Data for this index is collected by a company called Jato Dynamics who sell it to the world 's motor manufacturers. For further information contact: Sgt. Simon Grantham, Research Dept. , Dorset Police H .Q., Winfrith, Dorchester, Dorset, England, DT2 8DZ or telephone 0929 462727 (England) .

Police plan to publish criminals' pictures The Chief of Police of the Aylmer, Quebec, police force has suggested a novel approach to community crime prevention. He has presented a resolution to the city council that would permit the police to publish a newsletter that would include the photographs and names of known criminals in the community. The proposal is to publish the names, photographs and criminal convictions of about 10 or 12 people who are active criminals in the community. The newsletter would then be distributed to each house and business in the city of 32,000. The decision of which photographs and criminal records appear in the

17 _ _ __

publication would be made by a "public security committee" comprised of police officers, politicians and citizens of the community. It is believed that this newsletter would be published from three to six times per year. Chief of Police, Andre Langlier, was quoted in the Globe and Mail report saying; "It 's always the same people who cause the trouble , who account for most of the crime in Aylmer. It's no secret who they are , the information is publicly available at the court house for anyone who wants to take the trouble to find it. " Several civil liberty groups state they are going to attempt to take legal action to quash the resolution and after a meeting of city council in January it was decided to put the project on hold pending further investigation of all the legal ramifications.

Drugs found in passenger's stomach A man injured in the Columbian jetliner crash in New York City last January was carrying some extra baggage on his flight from Columbia: four condoms filled with cocaine that surgeons discovered inside his stomach. Aurthorities noted that the Avianca flight from Bogota stopped in Columbia's drug-smuggling capital, Medellin, before continuing to New York. One of the injured passengers, a 30-year-old man , was taken into surgery at a local hospital for abdominal bleeding. When doctors opened his abdomen they found the condoms. The U.S. Drug Enforcement Administration, spurred on by the discovery, investigated two other passengers who died in the crash and found they too were smuggling cocaine in their digestive systems.

.news beat ... news beat ... news beat ... news United States to train KGB The Washington Post recently reported that a senior u.s. Drug Enforcement Administration official advised them that they have offered to train members of the KGB , the Soviet Union 's Secret Police , to catch drug traffickers. If Moscow accepts the training offer , it will be the first formal relationship between a US agency and the KGB, whose past duties have included spying on the United States, crushing internal dissent and investigating international criminals. Paul Higdon , deputy assistant DEA administrator for international programmes, was quoted as saying, "We 're looking at them as policemen. These guys are cops with a mission similar to ours. " The proposal was to have five DEA agents conduct lessons in advanced narcotics investigations for about 30 staff from the three Soviet agencies responsible for drug enforcement. This would be the Interior Ministry, Customs and the KGB .

German Security Police disbanded The government of East Germany has disbanded their hated Security Police called the "STASI" . This force was created to be a Political Police and was responsible for many beatings, deaths and imprisonment over the years. An announcement by the new East German Government says many of the staff have been moved to industry or the customs service . The government had attempted to turn them into ambulance attendants but this was met by resistance from the present staff in that profession . Disgraced former security chief

Erich Mielke, whose luxury hunting lodge had six apartments and a cinema, is among those now facing trial for abuse of power. During December and January civil police , in co-operation with local reform groups, have been transfen ing weapons, ammunition, and communications equipment from the security police offices into their own use. The offices once used by the Stasi have been turned into clinics and senior citizen facilities.

As the Wall goes so do the dogs The destruction of the Berlin Wall, which has brought freedom to many, may also mean a death sentence for up to 5,000 police dogs which guarded it. Andreas Grassmueller, president of West Germany's society for the prevention of cruelty to animals, says few have volunteered to adopt the dogs , mostly Alsatians, and the vast majority may have to be destroyed. Of particular concern is the use for which the animals were trained . Most have been used as attack dogs to assist the capture of citizens attempting to cross the "no-mans-land " between East and West Germany. Hardly a suitable pet for the average family. It is felt , however, that many would still be suitable for some routine police use but some may require considerable retraining.

Drug stash found in cattle Italian police near Naples have discovered a ring of smugglers that import drugs in the digestive tracts of live cattle . Veterinarians contacted police when they received a call to a slaughter

house to check on an animal that had died for no apparent reason. The butchers were concerned about the health of the cattle they were slaughtering. The vets performed an autopsy on the animal and discovered a large stash of Heroin in the intestinal tract of the animal. They determined the creature died when the plastic container burst open. Police were notified and traced the animal back to Germany. It is felt that this is a new method being used by organized crime for the importation of drugs across Europe .

Alberta's Seat Belt Law back on the road again The controversial ruling by an Alberta Queens Bench Judge last year that struck down that Province's Seat Belt laws has been reversed by a unanimous decision of the Alberta Court of Appeal. The decision , made late last year, stated that Mr. Justice Lutz had been unfair in his summary of the decision of the lower court that had registered a conviction against a Calgary anti-seat belt advocate. The court ruled that Mr. Justice Lutz had also miS-interpreted case law in coming to his conclusion that the seat belt laws were a "state interference with bodily integrity." In his decision Mr Justice Laycraft of the Court of Appeal stated, "it is not shown that the seat belt increases the wearer's risk of injury by whatever small amount. Indeed, the contrary is shown. The risk of injury or death is decreased when a seat belt is worn . Moreover, failure to wear a seat belt puts other persons, both in the vehicle and outside it, at increased risk. " Many courts across the country have blown away defences on this matter. Other courts have ruled further that a citizen driving an automobile March 90

.news beat ... news beat ... news beat ... news does not have the right to force up the cost of medical care or car insurance costs by simply failing to wear a seat belt. Evidence is overwhelming to prove that they do save lives and reduce injury. So for Alberta officers the message is clear. Buckle 'em up or fry 'em up.

Singapore extends death sentence on drug offences A bill has been passed to toughen the drug laws in the city/state of Singapore . The new bill will extend the death penalty to traffickers in marijuana, opium, and cocaine. Singapore already prescribes a mandatory death sentence to those convicted of trafficking in more than 15 grams of heroin and 30 grams of morphine. Since this law came into effect in 1975 twenty-four people have been hanged.

Of lawyers and horses Provincial Court Judge Nick Friesen, while sitting in a British Columbia court, was faced with a technical defence by a city lawyer. He was attempting to convince the judge that technically another judge that had released his client on an undertaking was not a judge within the meaning of the Criminal Code. Judge Friesen's remarks are worth repeating . "In Anahim Lake the residents use common sense, which they sometimes call horse sense. There are lots of horses in Anahim Lake . Yesterday we saw more horses than usual in this settlement. It was by-election day and our usual courtroom which is this hall was used as a polling place. "Some people came by horseback, March 90

tied their horses to the front door and voted. Some horses left piles of manure at the doorstep. They did not, however, bring it into the courtroom. Now that is horse sense! "Lawyers from Kamloops have to travel at least six hours to get to Anahim Lake. Lawyers generally have a very active mind. They have lots of time to dream up exotic legal arguments when they travel that long. "However, they should pause at the front door of our courtroom and look down and contemplate those piles of manure and their arguments. Had that been done in this case the lawyer might have been heard to say, 'That's horse shit! ' and have left his argument outside the courtroom too. "

Corrections Canada releases report on Legere escape The recently released report on the investigation into the spring 1989 escape of Allen Legere has caused the institution of new poliCies for transporting prisoners and painted a fairly lax picture of the methods used to control prisoners while being escorted. The 58 page report , obtained through an application under the federal Access to Information Act, shows Legere's two guards on the day of his escape were armed only with a can of mace . It also criticizes prison officials for not following procedures when the escape occurred. Breached were the search procedures pertaining to the vehicle, application of restraint equipment and the maintaining of continuous surveillance of the inmate. Correction Canada spokesman Art Robinson said his department has learned a lot from the report. After 19

reviewing the report on the investigation, Correction Services Canada introduced a new double escort policy. This policy applies only to Eastern Canada. The double escort policy will see a number of armed guards riding shotgun behind dangerous prisoners who must be transported . Probably the most distressing aspect of the entire ordeal was the virtual absence of evidence leading to Legere's whereabouts. After his escape, Legere changed his appearance. His weight dropped by more than 10 pounds, he shaved his beard and cut his hair very short. After his escape in Moncton, during which he took a nurse hostage, police did not have a recent photograph of the convict that could be circulated . Prison officials, guards and police could only provide assorted descriptive details to the public .

It's all a matter of rights While RCMP are determining what charges to bring against Legere, Legere is considering taking legal action against the RCMP. A letter from Legere to the media said he was kicked in the face by an RCMP officer. A police photograph after Legere's arrest on November 24 showed him with a golfball size bruise around one eye . It is not known whether the welt was self inflicted or the result of a struggle. The RCMP said inquiries were made and they are satisfied no unreasonable force was used against Legere. Leger's lawyer, C. David Hughes Q.c., said he feels his client may have a case against the RCMP but feels there are more pressing problems at the moment. Besides sending letters to newspapers, Legere has also sent registered

.news beat ... news beat ... news beat ... news mail to jurors who have convicted him of econd degree murder. He has the right to correspondence under the Charter of Rights.

Ex-Mountie loses appeal Former RCMP Constable Michael Van Rassel must face trial on charges of breach of trust in connection with a Montreal-Miami drug investigation five years ago , the Supreme Court of Canada ruled last month . The court, in a unanimous decision , rejected Van Rassel's contention that because he has already been tried and acquitted in Rorida , he should not face trial in Canada. Van Rassell , 33, was charged with trying to sell confidential reports from the U.S . Drug Enforcement Administration to a person named in the reports. The man he allegedly was trying to get the money from called police and Van Rassel was set up and arrested by the DEA in Florida.

Cops ki II robbers but accomplice charged A suspect in a San Fernando, California, holdup has been charged with the murder of his three accomplices even though all three were shot by police . Alfredo Olivas, 19, of Hollywood is charged with three counts of murder and one of robbery in the holdup and shootout at a local area McDonald 's restaurant. He could face the death penalty or life in prison without parole. Under an unusual and seldom used California law, a person participating in a crime in which someone is killed can be charged with the murder of that

person . The law as it is drafted is somewhat unique in that it holds the perpetrators of any offence vicariously liable for any deaths that result no matter who is killed . Police investigating a string of fastfood restaurant robberies had followed Olivas and three other men to the McDonald's last month. While police waited, the restaurant was robbed. Officers reported seeing one robber holding what appeared to be a pistol and two others apparently reaching for something, and a shootout began. Police said they fired 23 shotgun blasts and 12 .45-calibre pistol rounds. Olivas was the sole surviving bandit and was taken to hospital with several gunshot wounds.

Officer refuses aid to AIDS prisoner A Kingston, Ontario, police officer says he didn 't try to resuscitate a prisoner because he feared getting AIDS. Police Constable Greg Dawson told a coroner's inquest he had not had CPR training for up to eight years and felt he could have done more harm trying to resuscitate a 33 year-old prisoner he found hanging in the station cell block. "If you had passed your training just a week earlier," asked the Crown Attorney, "would you have given him mouthto-mouth resuscitation?" "No," Dawson replied . "Randy was a known drug abuser and user. I've dealt with him before. I've handled him. I don 't want AIDS and I don 't want hepatitis. He was a very dirty, unhygienic person ." Evidence at the inquiry before Dr. Benoit Bechard showed Blair was arrested for stealing a cash box from a Kingston area parking lot attendant. The officer found Blair face-down on the floor of a cell with a piece of blue 20

material from his sweatshirt tied around his neck. Recommendations from the jurors included that all cruisers and police headquarters in Kingston be supplied with protective ventilation equipment. The device described at the inquest by Staff Sergeant Christian Barber is a plastic device with a mouthpiece which allows another person to blow air into the victim and yet eliminates the physical contact with the victim. The jury heard that no such device had been available to Constable Dawson at the time of the incident.

Officer wins appeal A Metropolitan Toronto Police officer who refused to "keep the peace" outside the Morgantaler clinic has won his appeal against the dismissal order made by the internal diSciplines board of that force . Constable David Packer, a father of five children, refused an order to attend the abortion clinic after explaining that he could not in good conscience, guard a place were they were "killing babies." The April, 1987 , incident came to a trial in January 1989 when the internal tribunal found the ten year veteran guilty of refusing to carry out a lawful order and insubordination under the Police Act of Ontario. The tribunal decided to dismiss the officer from the force. The officer appealed the decision to the Ontario Police Commission and last month they determined that he should not have been dismissed but rather demoted in rank to fourth class constable. The reduction in rank means the officer will suffer a $10 ,000 per year loss in pay and take another three years on good behaviour to attain his former pay level as a first class constable.

~~-----------------------------------

March 90

here are millions of different kinds of materials in the world, yet these materials are made up of only about 100 basic substances, known as elements. Most of the atoms that make up these basic elements are "stable", yet there are several which are "unstable". These atoms, such as uranium, radium, and thorium, are found everywhere. When atoms are unstable, they constantly attempt to become stable by emitting energy. This is radiation. Radiation is a form of energy which travels through space, giving up all or Courtesy of the Canadian Nuclear Association part of its energy on contact with matter. It sometimes takes the form of "alpha" or "beta" particles, x-rays, or "gamma" rays and these kinds of radia- thirds of the radiation we are exposed to reactors , and self-illuminating products tion are commonly referred to as "ion- exists naturally throughout the universe such as signs. in the form of cosmic radiation. It is also Ionizing radiation is used to our adizing radiation ". The penetrating ability of ionizing emitted from naturally radioactive sub- vantage in medicine, industry, research radiation varies. Alpha and agriculture . HospiSheet of Pa r tals both diagnose and particles cannot penetrate very far . In fact , carry out therapy with Alpha Particle they can be stopped by ionizing radiation by using x-rays and a sheet of paper, or several millimeters of gamma rays to penetrate and view the inteair. Beta particles have rior of our bodies. More a higher penetration intense levels of radiacapability but can be Sheet of Plywood tion from cobalt 60 or stopped by aluminum Beta Particle foil or several centimeaccelerators are used for cancer therapy. ters of wood . Gamma Industry uses radiorays, on the other hand, are highly penetrating, active materials to although an appropriimprove the quality of ate thickness of conproducts. For example, ( crete , water or other many medical products material can protect are sterilized using ionpeople from them. izing radiation . ManuSubstances which facturers of materials emit gamma radiation such as paper, plastic could be hazardous inand metal, use ionizing side or outside the body; radiation to continuMerremConc~ ~t~ e __~~__~_'____~____~____ beta particles would be ______~__~_l___ ously monitor product quality during producmost harmful inside the body; while those substances that emit stances in the Earth's crust, in elements tion . only pure alpha particles could only be such as potassium and uranium . The The preservation of food is a growhuman body is also mildly radioactive ing application of ionizing radiation. hazardous if swallowed or inhaled . because bones contain naturally occur- Controlling the ripening of fruits and What are the ring radioactive potassium. sources of radiation? vegetables, extends the shelf life of a Beside natural background radia- variety of fresh foods . Ionizing radiation Everyone is constantly exposed to varying amounts of ionizing radiation. tion , there are many forms of man- is used to inhibit sprouting in root crops This comes from different sources, both made radiation. These are from medinatural and man-made. More than two- cal application, dental x-rays, nuclear Continued on Page 29

Feature

Nuclear Facts

What is radiation?

March 90

Atlantic Report

Dartmouth cops train women in survival tactics - AI Porter -

he first time Paula Gaudette what the women saw as their problem. While this solution was likely to dropped her 6'3", 238 lb. husband to the mat they were both surprised. heighten the financial stability of the martial arts instructors it did little to ease Then she started to enjoy herself. Paula, the 5'5", 118 lb. wife of the minds of women , some of whom Constable Darrel Gaudette of Dartmouth must work on shifts or find their way PD was one of the students in the initial seminar in Survival Tactics For Women taught by Constables Paul Ruggles and Rick Prescott. The two officers, both certified instructors in Pressure Point Control have developed the one-day course of instruction after constantly being approached by women who want to know what they L -_ _ _==----''''-_ _ _ _ __ -lL.~''''_ can do to learn to Women across the country are taking steps to be more in control 0/ their own _

_ _ ___'

security. Knowing what to do is hal/the battle won.

protect themselves from physical violence. Both officers say they would, in the past, in such instances, recommend to women that they join some form of martial arts but this was unsatisfactory. The women would complain that the operators of such courses would be more interested in having them sign up as long term students than in addressing

through poorly lighted and intimidating areas. The officers then decided to research their problem. After a great deal of study, discussion and consideration of what were their needs, they decided on the criteria for the techniques: 1. A technique must be easily mastered. 2. It must be sudden . 3 . It must almost in-

stantly disable an assailant. 4 . lt must be capable of being applied realistically against a person of greater size and strength. Prescott says a prime concern is convincing female students to rid themselves of the idea that as women they are physically inferior. "The techniques we teach will work, " Prescott says emphatically. "I could not in good conscience teach techniques that would not work. " The purpose of the course is not to tum women into glowering female versions of a playground bully but to give students the knowledge that simply because they are female they do not have to lose hope. Prescott says the techniques taught have been proven to be effective when applied by persons against a physically larger attacker. Concerning the intent of the course Ruggles says, "I stress that the last thing we want is for the students to become involved in a physical confrontation, but if it gets to that, then we want to provide them with several options." Almost every women is aware of the fabled "strike to the groin" area. Unfortunately for the prosepective victim, so is the would-be assailant. Prescott and Ruggles teach their students several techniques designed to divert the assailant's mind from the subject long enough so that he can be swiftly and effectively disabled. A strike to the eyes, nose or throat when delivered properly can have a much larger man looking up from the ground and considering the wisdom of the attack. Although the course has been designed for women, male partners are encouraged to attend in order, if nothing else, to provide each student with a willing participant in the application of of her newly learned skills. The instructors thoroughly cover many scenarios and suggest several possible counters for their students. In each case one student or volunteer is called to the fore and one of the instructors explains the details of the situation and some of the possible response measures. The instructor then goes through the various steps required to carry out

__________~~~~~~----------------------~2~2~--------------------------------~M ~arch90

- -- - - - - - - - -

- - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - ,

the counter and explains the purpose and results of each. Students are then paired off and given ample time to work on the technique while the instructors watch each couple carefully and suggest improvements in the methods being used. The payoff for the entire day of instruction is a situation of highly charged emotion. The students become involved in a role-playing exercise that dramatically brings home the whole point of the seminar. The students are placed in what Prescott calls "a sexually compromising position," in which, prior to the learning of the techniques involved would have offered them no option but to submit to the wishes of their attacker. After accomplishing the techniques which they have been taught the students are left with an attacker, who, if that is his desire, might qualify for membership in the Vienna Boys Choir. Darrel Gaudette, after completing the course as his wife 's victim, expressed surprise at the ease with which she was able to take him off his feet. "Once she learned the techniques she was really effective," he said. Paula laughed when she spoke of this new facet in her marriage. "Now if he goes to work and tells the guys I beat him up, maybe they'll believe him." As for her feelings the first time she sat him down , "I was shocked. He's so strong and big, I never thought I could do it. "She said she was very pleased with the course and the knowledge it gave her. She giggled and said, "He had a hard time wearing his hat the next day , I pulled his hair so hard. I was really getting into it. " Prescott and Ruggles foresee an expanding market for their seminar and presently are looking at taking their show on the road in the Maritimes. Media coverage in the Halifax Mail Star and on the Atlantic TV network has resulted in a rash of calls for further information being received at Dartmouth PD. Ruggles says anyone wishing further information about the seminar can contact them via a pager at (902) 4596424. March 90

Atlantic Report

Report blasts justice system - AI Porter-

he only law that appears to have worked in the case of Donald Marshall was Murphy's. Marshall is the Micmac indian who was falsely convicted for murder in 1971. He spent the next 11 years in prison until his conviction was overturned on appeal in 1983. On January 26 , 1990, the results of the inquiry into his case were released and the Criminal Justice System in Nova Scotia has since been rocked by some heavy body-blows. Many see this case as the worst example of a miscarriage of justice in Canadian history. The report made a total of 82 recommendations and laid the blame squarely at the feet of a number of politicians, police officials, prosecutors and supreme court Justices. Five Justices of the Nova Scotia Supreme Court are under investigation for their conduct during the 1983 appeal. At that time Marshall was named as a thief and perjurer and called the "author of his own misfortune ." Allegations have been made that the appeal court convicted Marshall of a robbery, an offence with which he had not been charged. Another situation deplored by the report is that one of the appeal court judges was Provincial Attorney General at the time of the original trial and could not be seen to be independent of the court's findings . In related events, the current Attorney General has risked his political future by apparently going contrary to the views of the Premier in calling for the firing of a former Deputy Attorney 23

General, now a consultant to the Provincial Government. This consultant allegedly interfered with the prosecution of criminal charges against two politicians and according to observers, this matter has given the public the view that there are two systems of justice in the province. The system pertaining to an individual is seen to be dependent upon the personal wealth and power of that person. It has been estimated that the recommendations of the report will cost close to $2 ,000,000 to implement but the total cost of the loss of public confidence in the judicial system may never be determined.

Report is a best-seller Law Enforcement agencies, governmental departments, law firms and private citizens are all pursuing the hottest thing on the bookstore shelves, The report of The Marshall Royal Commission. The full report consists of seven volumes and edited transcripts are available at a cost of $65 . Copies may be ordered from the Nova Scotia Government Bookstore , One Government Place , 1700 Granville Street, PO Box 637 , Halifax NS B2J 2T3. There is a separate charge of $3 for a digest of the findings of the commission.

Lessons from the Marshall inquiry "The criminal justice system failed Donald Marshall Jr. at virtually every turn , from his arrest and wrongful conviction in 1971 up to and even beyond his acquittal by the Court of Appeal in 1983... " With these words the Marshall inquiry lashed out at almost every official who had any dealings with the case. There are many lessons to be learned from this case and many police forces and agencies in the country have corrected many problems that were reported in this inquiry. The report continued on saying that "The tragedy of this failure is compounded by the evidence that this miscarriage of justice could have, and should have, been prevented or at least corrected quickly, if those involved in the system had carried out their duties in a professional and competent manner." The report was particularly hard on the retired Chief of the Sydney Police Force , John Macintyre, who investigated the murder for which Marshall was later convicted . The report concluded that the officer formed an almost immediate conclusion that Marshall was guilty and set about gathering any and all types of evidence that would support his conclusion. The thought that he should look at the case in an objective manner was clouded by years of prejudice and the disbelief that a known trouble maker could also be a victim . Findings of the Marshall Inquiry -The criminal justice system failed Donald Marshall at virtually every turn. - Mr. Marshall was not the author of his own misfortune ; the miscarriage of justice was real and not just apparent. -The fact that Marshall is Indian played a major role in his conviction and continued imprisonment. -Sandy Seale was not killed in the course of a robbery or attempted robbery. - Mr. Marshall told the truth about events surrounding the stabbing when first que tioned by police . -Seale's death was a result of Ebsary's violent and unpredictable character. -Immediate police response to the stab-

bing was entirely inadequate and incompetent. - Detective Mcintyre identified Marshall as the prime suspect in the stabbing without evidence to support his conclusion and in the face of evidence to the contrary. - Both the Crown prosecutor and the defence counsel failed to discharge their obligations in the case . -The cumulative effect of wrong and improper rulings by the trial judge denied Marshall a fair trial. -The Appeal Court's suggestion that Marshall's untruthfullness contributed to his conviction was contrary to evidence before the court. -The $270,000 compensation paid Marshall was only for the time spent in prison and not for the wrong-doing of the officials involved in this case. Recommendations The Marshall Inquiry report came out with numerous recommendations. Some of the suggestions have been in place for some time but the report formalized the necessity for these changes. -An independent review process be established for re-investigation of alleged cases of wrongful conviction. -A formal process be established to consider compensation in cases of wrongful conviction and imprisonment. -Governments appoint judges and board members belonging to visible minorities whenever possible . -Training material and programs be developed to explain to prosecutors the nature of systemic descrimination with the view to reduce the effects of it in the justice system. - More natives and blacks to be hired by the correctional system with disciplinary action for racial slurs and improper conduct. - Crown attorneys be required to disclose their evidence to defence layers before trial and judges should not proceed with trials until they are satisfied that the Crown has done so. - All Police officers be required to have basic investigative skills. 24

Alberta expands immobilization program In October, 1988, Alberta proclaimed Section 110.1 of the Motor Vehicle Administration Act allOWing for a 24 hour immobilization of vehicles for persons charged with impaired driving . The intent of the program is to prevent those charged from driving their vehicles within 24 hours of the time they were arrested. The city of Calgary and the town of Lacombe took part in a three-month pilot program the results of which were reported by the Department of National Health and Welfare . In Calgary Police officers used the auto boots (also known as the 'Denver Boot') in conjunction with their year-round Check Stop program. When police chose to immobilize or seize a vehicle , the officer offered the person charged the option of having an auto boot installed and removed at a cost of $35 .00 or being towed, at a minimum cost of $62 .50. Many chose towing to save the embarrassment of having their vehicle booted . In Lacombe In addition to using the immobilization devices at roadside check stops, police officers installed them at other locations throughout the town. Arresting officers did not give persons charged the option to have their vehicles towed away. Operational procedures Police officers in Calgary ordered the installation of an immobilization device only if all components of their Check Stop program were in place: breath alcohol testing van, the accused, tow truck driver and arresting officer had to be at the scene. Reasons given for not booting a vehicle included : location (whereby a vehicle could not be legally parked in a high-crime areal. valuables in the vehicle, value or type of vehicle and when the person charged opted for towing. Police officers placed an immobilization notice and disclaimer in clear Continued Otl page 28

March 90

/tASE LAW: '\

~ Young Offenders~~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Murder trial transferred to adult court (Regina Vs. B.A.B.) Two young offenders have had their appeal not to go to adult court on their murder charges dismissed by the Ontario Supreme Court. In its findings the court determined that the onus was still upon the Crown to prove that the accused must go to adult court. In this case two young men, now aged 17 and 18 years, were arrested on double murder charges. Evidence indicated that the two teenagers were invited to the house by the 27 year old victim. The two teenagers wanted to steal the man 's stereo and subsequently

( CASE LAW: \

Rights

shot and killed him with a sawed-off shotgun. A 13 year old in the house at the time of the incident ran out but was pursued by one of the teenagers, brought back to the house and systematically shot eleven times before he died. Both youths were first offenders and in spite of this the Niagara area court transferred the case to adult court. The appeal was brought due to the fact that the youths were first offenders. In dismissing the appeal the court stated that "the predominant factors requiring transfer involve the seriousness of the

offences and the inadequacy of the Young Offenders Act to supervise the accused for more than three years. " The court continued that the murders were "planned, deliberate, brutal and heartless .. " The court further stated that the offences were carried out in spite of the fact that the objective (theft) could have been accomplished by other means without bloodshed . The court also considered that no psychological evidence was brought forth to indicate that the two could be cured within the YO .A. 's three year maximum.

~._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

Rights to be given prior to ALERT test says P.E.I. court (Grant Vs. Regina) In a case that departs from a ruling made by the Supreme Court of Canada, the Prince Edward Island Court of Appeal has dismissed a charge of refusing a roadside test because the officer did not advise the accused of his right to counsel. The court determined that the ruling of the Supreme Court of Canada only applied to the roadside test law as it existed prior to 1985. At that time the old section 234.1(1) read in part" ... by means of an approved road-side screening device and , where necessary, to accompany the peace officer for the purpose of enabling such a sample of his breath to be taken." The court stated that the present section 254(2) makes a radical departure from the previous law as it states " ... by means of an approved screening device and, where necessary, to accompany the peace officer for the purpose of enabling such a sample of breath to be taken." The court determined that the removal of the word "Road-side" has significant implications in the application of this law. They advised that forMarch 90

merly it was written into legislation and understood that this test is being performed on the "road-side" and that it is a separate method than the demand to accompany to the station for a Borkenstein Breathalyzer test. The court determined that the new wording has been made sufficiently vague to permit an officer to take a person to a police station to perform a test into an ALERT instrument. The court stated that it is now possible that a person who has been given his charter right could be sitting next to a person who has not been given the same treatment and yet be put through similar experiences. The court stated that due to this they felt drivers should have been advised of their right to counsel. This court determined that the emphasis in the Supreme Court of Canada ruling was the word "road-side" and that this indicated that the test was to be performed at that location. In its summation the P.E.I. Court of Appeal stated "A suspension of civil liberties in the interests of detecting and determining impaired drivers is only necessary if the ALERT test has to be 25

administered right away and on the spot. That is not the case under S. 254(2)." The case involved a man who had been stopped for driving under suspension. The officer stopping the accused asked him to step into his cruiser for further investigation. As the man got in the officer noted the odour of alcohol on the accused's breath . The officer then demanded the accused supply a sample of his breath into an approved screening device. The officer then called for one to be brought to him and after a wait of 30 minutes the accused refused to supply a sample of his breath. He was subsequently convicted of this offence but he appealed and won his case at the Court of Appeal level. This matter is being appealed to the Supreme Court of Canada and a ruling is not expected for some time. Officers should consult with their local Crown's office to determine what policies should be followed in the future. It would be advised that officers making roadside tests in future should have an instrument readily at hand and a citizen should not wait longer than ten minutes.

~jG~ rylV

------------------------------------------ ~~--------------------------~~~~~~---

(C~SE LAW: \

Wiretaps

,-.__________________________

Authorization not needed for pagers (Regina Vs Lubovac) The Alberta Court of Appeal recently ruled that evidence obtained by hearing it over a commercial Pager system is admissible even without a wiretap authorization under the Criminal Code. The case involved a couple of Edmonton drug dealers who used a commercial Pager system to leave messages for each other on crucial drug buys and deliveries. [n this case officers were given a pager number and when they would call this number a short tape recorded message would be played back giving full details of a drug transaction that was going down with an under cover officer. Originally it was decided to use this information for investigative purposes only but the Crown later decided to use it as evidence at trial. Defence attorneys attempted to block the admission of the evidence by saying that the evidence was tainted because

there had never been a proper authorization to intercept the messages over the telephone under Section 186 of the Criminal Code. The argument was that the evidence was in breach of Section 8 of the Charter of Rights which prohibits the unauthorized searches. The defence was dismissed by the court when it ruled that the privacy section of the Code deals with private communications and that Pager systems are not private communications. The court pointed out that anyone with the proper phone number could call and receive the same tape recorded message. The court also stated that anyone who had a pager set to the same frequency could also intercept the message legally. [n his judgement Mr. Justice McClung wrote , "Pagers are now an everyday feature of business life . And so, few people in this decade have not been exposed to

and overheard pager messages intended for others. They are also useful in the drug trade. That is not surprising given their portability and speed of transmission. " The judge continued , "[n this case it seems quite clear that the evidence of the working features of the system, as leased by McLeod , support the conclusion of the learned trial judge that McLeod could not have reasonably expected his communications to remain private without exception ." The judge stated that the evidence received was real evidence and can only be excluded if there is a clear and socially valid policy mandating exclusion. He stated the evidence was relevant and real and could be admitted into evidence. Two other Court of Appeal Judges concurred with this decision and it appears to be solid case law.

YES! I want to subscribe to Name: Address: City : Province :

Postal Code : Enter my subscription right now for the next 10 issues of Blue Line Magazine (10 issues: $20.00; US and foreign $50.00) [ want a bulk subscription of copies (5 - 49 copies $15.00 each; 50 or more call for price) PAYMENT METHOD _..J

My payment is enclosed Bill me with my first issue (Your subscription begins with the next issue) Blue Line Magazine will gladly charge your subscription to your MasterCard, Visa or American Express account. Do not enter your account number on this card. Call our authorized retail representatives at Green Gables Book Shop (416) 294-4773 for immediate processing of your order.

Mail coupon to : Blue Line Magazine, 11 8 Main St reet North, Markham, Ontario L3P 1 Y1 L ______________________________________ ~ Blue Une is an independent magazine produced by and for the law enforcement community.

March 90

Neighbourhood Watch Awards given by Solicitor General Richard Duplain, East Coast Correspondent

New Brunswick police officer and a civilian have been given national distinctions for their roles in the Neighbourhood Watch program . Donald Irvine, 86, of Moncton and Constable John Kennedy of Dalhousie were presented the National Solicitor General's Crime Prevention Award. A special ceremony marking the occasion was held at the Keddy's Brunswick Hotel in Moncton last December. Mr. Irvine was awarded the distinction for his dedication and tenacity in maintaining for 13 years the first Neighbourhood Watch Program in Moncton. He was nominated by Moncton Police Constable Randy Cunningham . "It is essential to stay in touch with people in the neighbourhood, " said Mr. Irvine. "If someone moves away we make sure we get a new block captain to walk the streets. " Mr. Irvine is responsible for calling one of the 40 block captains in his area to make sure the program is working. The Ministry of the Solicitor General of Canada said Mr. Irvine's efforts in motivating and coordinating volunteers in the neighbourhood watch program deserves recognition. Personal commitment like Mr. Irvine 's is what

( C~SE LAW: \

EVidence

makes crime prevention programs work. Constable Kennedy , one of the 11 regular members of the Dalhousie Town Police , has been recognized for outstanding leadership and innovation in creating and implementing crime prevention programs in Dalhousie , N.B. He has also been named as community volunteer of the year, citizen of the year and received a medal for good service from the Governor General for work with the Boy Scouts of Canada. Dalhousie Town Police Chief Mike Quigley said the crime rate in the town dropped by 35 per cent since Cst. Kennedy put the crime prevention programs into place three years ago . He said Cst. Kennedy 's efforts have created an excellent relationship with citizens and especially the youth in the community. He said that when he first went to Dalhousie, the youth would "give me the finger when I drove by . Now they give me a big wave ." Crime prevention makes people feel positive toward the police and others in the community, maintains Constable Kennedy. Among the many crime prevention programs introduced by Cst. Kennedy are the first Police Ventures and Rovers

Club in the Province , TADD. the mentally handicapped program where the mentally handicapped are taught crime prevention and he writes a weekly newspaper column "The Law and You. " Constable Kennedy, who has devoted more than 1500 hours of unpaid overtime to run the programs, gives credit to his wife Karen and sons Christopher 5 and Ryan 2 for their support and encouragement. He also thanks God for giving him the "gift of gab." "The town of Dalhousie has been very good to me ," he said. "The citizens have always supported my ideas and the chief gave me the freedom to implement them . All I did was have fun trying to bring a police department and community a little closer together by trying to teach children to respect police and use their common sense out on the street. So far - so good," he added . Of his work in crime prevention, the Solicitor General's office said , "Constable Kennedy 's contributions along with his on-the-job service is an excellent example of how police officers can play an influential role in stimulating and encouraging community awareness and involvement in crime prevention. "

~.______________________________________________________

Knowledge of Impairment not necessary (Regina Vs. Daynard) An Ontario District Court ruling in January has brought further understanding of the element of mens rea on impaired driving offences. In the decision District Court Judge LA. Vannini ruled that it was not necessary for the Crown to prove that the accused knew he was impaired when he drove a motor vehicle. In the original trial the accused defended himself by saying that he had consumed a quantity of alcohol in one evening then slept for six hours, had a March 90

little more alcohol in the morning then drank more later in the afternoon. He then stated that he felt that the alcohol had been oxidized from his system from the night before and therefore felt it was safe to drive. He then convinced the court at the original trial that he formed no intent to drive while over 80mgs. Upon appeal the District court judge stated that the presiding trial judge had no business taking judicial notice of the absorption of alcohol in the accused 's system. "Mens rea is essential to the 27

offence," Judge Vannini stated, "The necessary fault or mens rea is supplied by proof of the accused 's voluntary consumption of the liquor and it is not necessary to prove, in addition , that when he drove the car he either knew that his blood-alcohol exceeded what was permissible , was reckless with respect to his blood-alcohol level being in excess of that permitted , or considered that it might be. It is only necessary to prove that it was over the prescribed limit in fact. "

Alberta expands Continued from page 24

The Bramshill Listing of Stress Courtesy Police Review There has been much talk about stress over the last few years. In Great Britain there has been much research on the subject and a few years ago a group of experts got together and determined a numeric stress factor for many occurrences in a person's life experience. Many factors were given a quantitative numbe rand the Police Review listed the " Bramshill Listing of Stress" that zeros in on the police profession In particular. 1. Being taken hostage by terrorists 2. Confronting a person with a gun 3. Being taken hostage 4. Negotiating over hostages 5. Dangerous or violent confrontation 6. Not being able to rely on your partner 7. Having to do th ings against your moral principles 8. Having to participate in riot control 9. Job Overload 10. Having to cover up for a colleague 11 . Not getting support from senior officers 12. Not being accepted by colleagues 13. Trouble with superiors at work 14. long hours 15. Being involved in brawling incidents 16. Being caught making a mistake 17. Shift work 18. Having a complaint made against you 19. Giving evidence In court 20. Having to pass an exam 21 . Not being able to express what you feel 22. Delivering death messages 23. lack of job security 24. Facing the unpredictable 25. Seeing mutilated bodies 26. Being offered bribes 27. Promotion restrictions 28. Thwarted ambition 29. Having to deal with a messy car accident 30. Inadequate training 31 . Dealing with domestic dlstrubances 32. Inadequate pay. 33. lack of clarity with Job description 34. Insufficient support in courts 35. Promotion courses 36. The possiblity of physical Injury 37. Negative community attitude 38. Paperwork 39. Being responsible for people and safety 40. Rivalry with colleagues of same rank 41 . Having to take command 42. Boredom 43. Having to take orders 44. Giving orders to junior officers 45. Having to go Into people's homes

90.1 82.4 81 .3 69.2 61 .2 57.3 55.9 55.5 52.1 49.6 48.9 48.6 46.7 46.6 46.0 45.9 45.9 45.7 44.7 44.5 44.3 43.6 41.3 41.2 39.7 38.2 38.5 37.3 36.2 35.6 34.8 34.3 34.1 34.1 33.4 33.2 32.1 31 .7 30.2 29.7 28.9 25.5 18.2 13.4 11.7

view in each "booted " vehicle . The person charged received instruction on how to obtain the release of the vehicle at the end of the immobilization period. Cold weather and heavy snow in February made it Virtually impossible to install the devices. Because of snow removal , vehicles could not be left on major streets or safely parked . Neither Lacombe's nor Calgary's Police Force reported incidents of vandalism or theft to the booted vehicles. Program status FollOWing the positive outcome of the evaluation, the program continues to operate in Calgary and Lacombe and has been implemented in other communities. By the end of September 1989, police departments in Edmonton , Medicine Hat, Camrose and Lethbridge use the devices as an impaired driving countermeasure. The RCMP followed suit in St.Albert, Sherwood Park, Red Deer, Grande Prairie, and Fort McMurray.

Why reinvent the wheel? The Association of Police Planners Research Officers International (APPRO) is comprised of people working in the area of planning and research for criminal justice agencies. APPRO was founded in 1970 and incorporated in 1976 as a non-profit organization. The organization has over 400 members throughout the United States and Canada. APPRO is based on the sharing of information involving the latest innovations, issues, problems and solutions confronting law enforcement today . Police and criminal justice agencies face common problems and needs. APPRO serves as the forum for an exchange of ideas and procedures for the mutual benefit of individual participants. Applications must include your name, title , agency/department, address (including postal code) and telephone number. The $30 fee includes the newsletter, Project Abstract Listing with over 1,500 projects, conference news, as well as the membership dues. Association of Police Planning and Research Officers Mail application with check payable to APPRO, or for additional information write : Trooper Jim Stuart, Treasurer, APPRO International, 800 Sleater Kinney SE, Suite 187, Lacey, WA 98503 USA

March 90

Nuclear facts Continued from Page 21

What are the known health effects? Radiation from the sun in the form of heat and light is essential for the growth and nourishment of all plants and animals. If we are not careful about how much sun we are exposed to , the result can be a sunburn, or worse, skin cancer. Similarly, radiation in large doses can cause serious injury, cancer or death. The seriousness of the injury depends on the size of the dose and the duration of exposure. We measure the exposure to radiation in units calle<.f"sieverts" . It is known , for instance, that an acute dose of 5 sieverts (Sv) received over a few hours would probably be lethal. In terms of relative toxicity, 100 aspirins taken over the same period of time may also be just as lethal. On the other hand, the same dose of radiation (5 Sv) spread over several decades,

would have a less serious effect. What are common exposure levels? The average Canadian receives an annual dose of about 2 .2 millisieverts (mSv) from exposure to natural background radiation, depending on where he or she lives. Persons living at a higher elevation in mountainous areas would be exposed to more cosmic radiation than those who live at sea level. This is because the Earth's atmosphere at lower elevations provides more shielding protection from cosmic radiation than at higher elevations where the atmosphere is less dense. On average, Canadians receive an exposure of 1 mSv each year from medical applications of radiation and dental x-rays. The exposure during a return flight from Toronto to Vancouver is about 0 .05 mSv, or slightly more than the radiation exposure from living at the boundary of a nuclear station for a full year.

Because we understand radiation today, we can use and control it safely for the benefit of mankind.

Effects Of Radiation, Various Dose Levels -0.05 mSv This amount, a fraction of natural background radiation , is the design target for maximum annual radiation at the perimeter of a nuclear generating station, or about the same exposure during a return flight from Toronto to Vancouver. -2.20 mSv This is the normal background radiation level from natural sources each year at sea level. It is also the average minimum dose received by most people on earth in a year. -100.0 mSv If given instantaneously, this exposure would not cause obvious illness. This dose might cause cancer many years later in one out of every 1,000 people exposed to this dose. (Average number of cancer deaths from all sources is 160-200 per 1,000 people .)

r--------------------------------------, WOODWORKING RELIEVES STRESS There is nothing quite like having a home workshop or owning a Shopsmith Mark V. The end of a hard day begins a truly enjoyable evening in your shop, making furniture , toys , gifts for family and friends and getting great satisfaction from doing il yourself. This season you can not only take advantage of our excellenl prices , but if you are a law enforcement professional , enjoy an additional 5% discount on any products you purchase . Call to arrange for a personal Mark V demonstration today.

EXPAND YOUR HOME SHOP CAPABILITIES WITH THE

SHOPSMITH MARK V -10" Table Saw -12" Disc Sander -Lathe -Horizontal Boring Machine -Vertical Drill Press We have a complete line of woodworking accessories, woodworKing classes and friendly, knowledgeable staff to assist you. Find out why over half a million people enjoy woodworking the Shopsmith way!

For more information call the retail showroom nearest you or call one of our toll-free numbers .

Shopsmith Canada Inc.

Quebec/Maritimes

Ontario

Western Canada

7540 Cote de Liesse St. Laurent, Quebec H4T 1E7 (514) 739-8854 1-800-361 -6032

2500 Milltower Court Unit 9 Mississauga, Ontario L5N 6A3 (416) 858-2400 1-800-268-3998 Fax: (416) 858-0433

12591 Bridgeport Rd ., Suite 150 Richmond , British Columbia V6V 1J4 (604) 270-6327 1-800-663-0164

L ______________________________________ ~

True Crime

Never trust a stranger From Geoffrey Cates Books

utting your trust in strangers can be a risky business and sometimes dangerous. In the case of Dagmar Peters it turned out to be fatal. It was a cold October morning shortly after the war. Miss Dagmar Peters, who lived in Kingsdown in Kent , was in the habit of visiting her sister-inlaw once a week. She would get up early in the morning and hitchhike a ride the 30 miles to London . She found this a relatively quick and inexpensive way to travel. On this fateful morning she went out to the main road . She was never een alive after that. Around mid-day her body was found lying near the roadside between Maidstone and London . The cause of death was strangulation . The Kent County Police and officers from Scotland Yard were called and started the investigation . Dr. Keith Simpson , the well known pathologist, was called to the scene . Upon examining the body, one thing struck him as peculiar. There were blotches where the blood had settled that were not consistent with how the body was lying when found at the scene . The obvious explanation , and the one Dr. Simpson was certain , was Miss Peters had been murdered and her body dumped by the road . From how the blood had settled Dr. Simpson surmised she had been riding possibly in a car, but more probably in a truck. The police began a check of all trucking companies using the route . Miss Peters lived near her mother and was a creature of habit. She always

took along with her a key , her purse and , on this occassion, a yellow handbag that had been especially made for her. None of these items were found at the scene.

Pictures of the articles were placed in the papers . Shortly after, one of the local residents recognized the handbag as one she had found at the edge of a lake some distance from where the body was found . Unfortunately the handbag had been given to a neighbour. She in turn had given it to a friend who had given it to a friend . All possibilities of finding clues seemed remote . But when the handbag was examined by foresnic experts two human hairs were found , also hair from a dog. Her pet dog , which had accompanied her that morning , was never found .

What puzzled the police was why a handbag was found such a distance from the body. This became even more puzzling when bits of an attache case Miss Peters used to carry her lunch were found on the road to London . This clearly indicated the route the suspect took was to London . But why was the handbag found near a field away from where the body was dumped? The answer came as a result of canvassing the local residents. It seemed there was a stream that flowed into the lake where the bag was found . The source of this stream was situated near a cider works. The investigating detectives visited the cider works. To see if the theory of the handbag being thrown into the stream by the cider works would end up near the shores of the field , the officers threw in an identical handbag . Their efforts were rewarded. Shortly after throwing in the bag , it resurfaced in the area where the original handbag was found . Although the transport companies had been checked, there did not appear to have been any trucks in the area of the cider works. It wasn 't until re-checking that they found a trucking company that had been overlooked in the inquiries. It turned out one of the drivers had made a delivery to the cider works the day of the murder. His name was Harold Hagger and he had previous convictions, one of them an assault on a female . When confronted by the facts , Hagger finally admitted to having strangled the woman. He was brought to trial. At the trial , Hagger admitted to picking up the victim in his truck and giving her a ride . His excuse for strangling her was that Miss Peters had tried to steal his wallet from his jacket pocket hanging up inside the cab. He stated he did not mean to kill her~ It was accidental , the scarf used to strangle the unfortunate victim being pulled too tight. The Jury did not believe he would be driving his truck in shirt-sleeves on a bitter cold day . Hagger was convicted and later hanged at Wandsworth Prison .

March 90

GERALD A. OXMAN, I.C.I.A., L.P.C.

the I.M.P.A.C.T. group inc.

FINANCIAL CONSULTANT

inventors of

p.C. C.O.p.S.TM

PeRSONAL TAX Rr:ruRNS - SMAlL BUSINESS

Personal Computer Community Organization and Prevention System

Effeclively. used by over a dozen CanatUan Polrce Forces

22 Emeline Crescent Markham, Ontario, I.3P 4G4 Phone (416) 294-9017 OR (416) 294-5945

Current users include : MeMBeR: Thc CAltADIAI'I mSTITUTC 01' ACCRCDITCD PuIlLlC AccounTAIITS

gee(Jlfc/ Olvalfee SOFT BODY ARMOUR The Industry Leader (sold only to law enforcement officers) For further details , please write and ask about the new Prison Guard Series Distributed by :

Karon Distributors Ltd. Box 180, Birdshill , Man ROE OHO • Phone (204) 661-4868

-Track witnesses -Archive statements

Sudbury regional Police Metro Toronto Police, Division 22 Sun Youth / Operation Tandem London Police Force St. Thomas Police Force Windsor Police Force Oxnard County Sherriff's Office R.C.M.P. Coquit/am R.C.M.P. Surrey Ottawa Police Force Regina Police Service Thunder Bay Police Force the I.M.P.A.C.T. group inc. Suite 300, 19 Yorkville Ave., Toronto, Ontario M4W 1L 1 Tel : (416) 924-3777 Fax : (416) 924-1480

The system works - contact our users!

-File exhibits -Find memos -Store correspondence

Designed by Investigators for Investigators, this program combines the ease of word processing* with the power of a sophisticated database to help you easily track witnesses, statements, exhibits, memos and correspondence. Completely u er friendl y and menu driven - requires minimum training. Run s on all IBM® or compatible computers with a minimum of 640 kilobytes of memory. May be customized to your agency's needs. Introduce the future to your investigative office. A product of

72 Orchard Park Blvd., Toronto, Ontario M4L 3E2

Gaderian Incorporated (416) 699-4369-BBS 698-3466

*Requires WordPerfect® 4.2

B WSPELLS SAFETY 0 THE JOB IN JUST THREE LmERS: ABS Most motorcycle manufacturers put their engineering skill to work getting you going. At BMW we put our best minds to work getting you stopped. Safely. Anti -lock braking systems (ABS) have been used for years on aircraft and high performance cars. Now, BMW has integrated this state of the art technology into our motorcycles, including the K1 OOLT Police model.

HOW IT WORKS The ABS system uses an on board computer to monitor front and rear wheel brakes. When ABS senses the brakes are about to lock, it reduces pressure in the wheel brake cylinder up to 7 times a second, and continues to do so until the risk of lock-up has been eliminated.

The BMW K100LT: The police motorcycle incorporates the ABS system designed to give the officer more control in any road conditions, from dry pavement to rain, sleet, sand or oil patches.

Front and rear toothed sensors are constantly monitored by an electronic control unit to determine when intervention by ABS is necessary.

From the officer's perspective, the only change in sensation is an incredible increase in straight line stopping ability. Even applying full brakes in an emergency straight line stop, full control of the motorcycle can be maintained. BMW motorcycles are in active use by police departments in 100 countries around the world . We know what you ' re facing on the streets in congested traffic areas, and what unexpected demands are put on you and your machine. On rain-slick city streets, BMW can provide that additional edge. And in normal traffic conditions, ABS will give you the confidence to stop consistently in the shortest possible distance.

The outrigger-equipped motorcycle , without ABS , has locked up the wheels and lost stability during hard braking on wet pavement (right) . The ABS-equipped bike remains upright and controllable under the same conditions (left) .

WE HAVE WHAT YOU NEED TO GET HOME SAFELY BMW Police motorcycles and equipment are designed to meet the challenges you face on the job . The BMW System Helmet II has been positively accepted by major Canadian police forces . BMW protective suits, cold weather and rainwear all meet the toughest on the job challenges. Your job is tough enough. BMW wants to help you make it a bit safer.

BMW's System Helmet II : a unique frontopening design ideal for police use.

Contact Tony Fletcher at BMW Canada Inc., 920 Champlain Court, Whitby Ontari o L 1 N 6K9 or call (416) 683-1200.

RESPONSIBILITY MEANS NO COMPROMISE