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November 1991
COVER STORY
IN THIS ISSUE FEATURES 3 4
Cover Story
Commentary: City of Angels -Robert Hotston Letters To The Editor Defensive Tactics: Craig Best The R.I.D.E. Team You Can't Go Back New Mobile Computer Secure Your Handgun Up-Coming Events Two Level Computer Security Technology: Computer Woes - Tom Rataj Technician Wins Award Alberta Vehicles Impounded For Suspended Drivers Cops and Disabled Kids - Fred Willison Manitoba Amends Impound Laws Blue line Alert Cat Claw
5 6 7
8 9 9 10 11 14 14 15 16 18
22
NEWS 12 12 12
Ontario Defines Police Political Activity New Approach To School Security Video Wins Four Awards Call 9-1-1 Report An Impaired Driver Law Enforcer Loves Lada Here Comes The Groom
13 13 13
CASE LAW No Right To Consult Parent During An Investigation Entry Not Legal at Party ALERT Test Must Be Immediate Charges Lost After Illegal Entry
November,
1991
19 19
20 20
3
Vandalism is a big problem in many communities. As demonstrated by this Brandon Police officer, vandalism is a terrific and senseless waste. Almost all law enforcement agencies consume a lot of time taking reports and monitoring premises for vandals. It is a problem that can only 00 attacked with the community's support. Police can not be everywhere and they require the extra eyes of the p..iblic to let them kncm where the problems exist and how to attack it. One aspect of vandalism is the need for the perpetrator to see the results of the damage done and the impact it has. For this reason it is extremely important the owner of the property repair and replace the damage as soon as possible. Even before the public has an opportunity to see it. Sensationalizing some incidents can only cause more "copy cat" acts to occur. Community involvement was recently demonstrated in the Southern Ontario town of Unionville. Vandals entered a school and did over $170,000 damage with water and fire extinguishers. Local residents came out in large numbers to help with the clean up. It was obvious these people accepted ownership for the criminal act in their community and did something, constructive about it.
Commentary: Robert C. Holston
Lessons From liThe City Of Angels" The Rodney King Incident A summer of violence grows into autumn. A summer characterized by a record number of murders in our largest city, the murders of two police officers and violent assaults on others, am statistics from the federal government which indicate that we are fast becoming a more viole nt, less caring, society. As I sit, digestirg all of this, I hear a nevJS broadcast that four Los Angeles police officers will soon stand trial for the beating ofRodney King. For a time, In the spring of this year, Rodney King's name and face were as well known as that of politicians and soldiers. To watch the videotape of King being kicked and clubbed by some Los Angeles JX)lice officers, while others looked on, was to expbre a dark comer of policing. Not only In the United States, but here as well , many police officers feared that the Incident would undermine their hard earned professionalism. It became an occasion for dismay, soul searching and a defensiveness. For some members of the public, particularly minorities, the incident confirmed that the police are racists who routinely brutalize people. Eight months after it occurred, what can we learn from Rodney King? There are two elements essential to a consideration of the Rodney King inodent. The first is media presentation and the second is any actual presence of widespread police misconduct, either in Canada or the United States. The King Incident was played and replayed an uncounted number of times on television. That in itself completely destroyed any sense of perspective of the magnitude of what happened. That it gained so much attention and notoriety suggests hat it was Indeed an aberration - such common events as murder, sexual assault and robbery are often buried on the back pages of our newspapers. The problem is that such common events affect our society, and its members Immeasurably. This is clear, while what happened to Rodney King is not. The public needs to be made aware that the King Incidents Is not the norm and that
many police officers during their careers will suffer an injury only because they attempt to subdue someone without using excessive force. In poliCing we tend to go from one extreme to the other, to over react in our thinking and actions. Some police administrators and trainers will over react in their respective areas in trying to prevent a repeat of what happenoo in La; Angeles. They will review and revise use of force poliCies as if the incident is universal to policing. There will be renewed and louder cries for civilian review of police activities, and for greater civilian control of hiring, firing and discipline. There may be more vigorous prosecution of officers accused of using excessive force, and there may be more convictions. We all realize that our police agencies have individuals who have no common sense and should not be working as JX)lice officers. In fact, it would greatly enhance police work if they were to -leave immediately. They are out there. Our police agencies have hired them and we work with them. What is unfortunate is that any knee-jerk reaction will not only affect these individuals but also the thousands of dedicated , professional hardworking JX)lice officers who go about their jobs daily. The King incident presents a danger to police officers, in that the average police officer may think twice about using appropriate force in self-defense or defense of others, even when these actions are clearly justified. Some police officers may decide they should avoid confrontations ... and thereby lessen their level of service to and interest in the public. A less confrontational police service, in other words, may be one that is less likely to be there when needed. Those who demand unrealistic levels of accountability from the police, may, if they keep it up, get their wish. I would hope that police administrators, supervisors and trainers would impress upon their people that it is ethically, morally and legally right to use justifiable force - no more, no less. Officers
4
must be encouraged to do their jobs, develop their skills, and with common sense, do their sworn duty. We can neither run from nor change our entire system. Most police agencies have proper use of force policies and training. There is no police agency in this country or the United States that allows or instructs its members to beat people or shoot them for no reason. As long as we hire and employ human beings to police, there is a chance for such incidents as the one in ills Angeles to cx:cur. We are not immune. Is it a training failure, a supervisory failure, an administrational failure or a systems failure? Who knO'vVS. The human element fails in any such incident, for any number of reasons. We cannot condemn an entire police force , profession or class of people for the breakdown of a few individuals. Despite King and similar incidents, we must continue to do our jobs. Sometimes that job requires confrontation and the use of force. Most times it doesnt. A good cop - the average cop - knows the d ifference .
Cop-Bashing Is In Style With The Media ImmOOiately after the Rodney King inodent the American media jumped on the bandwagon of cop-bashing. Within two weeks of the incident the 1V serial "L.A. Law" presented a story about a man who pinlcs when he realrzes police are folbwing him for a stop sign violation. A chase ensues whereby the LA cops stop him and (surprise, surprise) they DON'T beat him. The motorist is then charged by police and eventually found not guilty. His defence? Given the Rodney King incident he did not want to put himself at the mercy of the police. The ABC Network, not wanting to be left out, presentoo an ooitorial commentary on the 1V News show "The West" which trashed the San Diego Police for shooting 12 people in 1990. No details of the shootings were given. Many 1V critics stated the show was not only very one sided but outright embarassing. In this show the Rodney King incident was described as a routine traffic stop. No mention of the police chase . •
November, 1991
Vol. 3 NO.9 - November 1991 - EDITOR/PUBUSHER Morley S. Lymburner Phone (416) 293·2631 FAX (416) 293·0526
- EDITORIAL ADVISORS David H. Tsubouchi, LL.B. Edward Gunraj Gerald A. Oxman I.C.I.A. Jaan Schaer BA Robert Hotston BA M.Crim. Rick Patrick (Lambton College) Tom Vares (Durham College) Harold Dale , LL.B. The editorial advisors are persons from whom this publication seeks advice and guidance. The use of their names is merely in recognition of their assistance and ongoing support.
- ADVERTISING Allan W. Stiver Phone (416) 294·5502 FAX (416) 294·8952
- CONTRIBlJJlNG WRITERS Robert Hotston • Geoff Cates Craig Best • Thomas Va res Morley Lymburner - ILl.USTRATION Tony MacKinnon • Bette Clark Dave Sills BUSINESS ADMINISTRATION Mary K. Lymburner, M.Ed. Phone (416) 293-2631 FAX (416) 293-0526 Blue Une Mag;Wne is publ isbed monthly. September to June, by BlueLine Magazi ne Incorporated. All correspon· dence sbo uld be addressed to the Publisber at : 12A- 4981Hwy. 7 Eas~ Ste. 254, Martham, Ootario,LJR 1N1 Editorial and copy is considered to be completely sepa· rate fro m advertising sales. No commitlernent for editorial coverage can form any part of a sa le agreemenL All articles are pro tected by copyrigbL No part of this publication may be reprod uced or transmitted in any fo rm or by any mea ns,
electronic or mechanical, incl udi ng photocopying and recordi ng or by any information storage or retrieval system without permission from the publisber. The authors, advisors a nd publisber accept no liability wba tsoever for any inj uries to person or property resul ting fro m the application or ado ption of any of the proced ures, tactics or considerations presented in this magazine. Readers a re ca utioned and advised that articles presen ted berei n are edited and supplied foryo ur personal awareness a nd sbould not be referred to for further action until appropriate advice a nd guidance is received from a Su pervisor or Crown Attor-
ney. Blue Line Magazine is a n independa nt publication de· signed to e ntertain, educate and upgrade theslciUs of those in· volved in the law enforcement pro fession. It bas no direct con trol fro m a law enforcement agency a nd its o pinions and articles do not necessarily reflect the opi nions of any governme nt or police agency. Blue Li ne Magazine is Printed in Canada ..
- Member National Association of Police Planners Periodical Publishers Exchange ISSN #0847 8538 Second Class Mail Registration No.8242
No vember,
1991
Letters To The Editor TREMENDOUS SOURCE
Your magazine has been a tremendous source of information and inspiration. Keep up the good work. D. Duncan Winnipeg, Manitoba
VERY INFORMATIVE
Please find enclosed payment for my next volume of Blue line Magazine. This will be my second full year with the publication. I find it very informative, particularly the case law excerpts. S. Steele Nepean, Ontario ARllCLE WIll. HELP ENFORCEMENT
In the September}991 issue there was an article entitled Seatbelt Violations, Cost Versus Suffering" by Morley Lymbumer. This article was well written and explains the police motivation for seatbelt enforcement in clear simple terms as well as giving the public positive motivation for buckling up. I am requesting permission to reproduce this article by photocopy for the purpose of combining education with enforcement. The plan is to hand out a copy to a motorist with each ticket or warning issued. J .J . Pollard OPP Constable Editors Notes Sounds like a great idea. Other officers may cb so as well. We would be interested in hearing the impact and results of such a concept.
As we discovered there are very few avenues with whk:h to notify pdice officers across this countty of important upcoming events. There are even fe\.IIeT that mainlain as high a level of professionalism in publishing as does Blue line Magazine. The response we received from our advertisement in Blue line contributed greatly to the success of Profile 2000. "Profile 2000 - A Conference In Sex Crimes Investigation'will run next year from September 2 1 t0 25, 1992. You can be assured that Blue line will be our principal source for spreading infonnation to the law enforcement profession. Thank you for your support. We look forward to working with you again in the future and would not hesitate to recommend your publication to others.
Detective Wendy Lever Chair Profile 2000 Committee Metropolitan Toronto Police
Editors Notes Thanks for the kind words. We were happy to help and gratified to find that we could. Any agency holding an event that needs a little boost can get it from us. READS EVERY ISSUE
I am a member of the RCMP, presently stationed at Prince Albert, Saska1che..van. I have been subscribing to your magazine since the summer of 1989. I read every issue within a few days of receiving them. I have to give you a lot of credit for putting out a publication this interesting and informative for the people in our profession. Jean Pepin Prince Albert, Saskatchewan
GMNG THE EDGE THANKS FOR THE SUPPORT
On behalf of the members of the Profile 2000 Committee I would like to take this opportunity to offer you our sincere gratitude for your assistance with Profile 2000 - A Conference In Sex Crimes Investigation. During this year of recession one of the first hurdles we had to overcome was informing the Sexual hsault Investigators across Canada of our Conference.
5
Blue line is one magazone I enj~ reading every month and find very informative. I especially like your section on recent Case Law and feel it keeps me up to date with the various legislation. Your magazine has given the edge to many police officers. Looking forward to my next issue. Robert E. Johnson Etobicoke, Ontario
·ve Tactics Progressive Levels of Training Intensity Part 2
GMng officers a couple of days of defensive training and then expecting perfection is like telling a new law student to watch a video and then go out and pass the bar exam. Officers must go through three levels of training intensity in order to build the knowledge and physical capacity necessary to perform well in stressful and violent confrontations . These three levels of intensity are of equal importance regardless of the type of defensive
function , be it empty hand control techniques, baton or firearm training. Officers who are insecure with their ability to use
Baton training at this level ofintensity would include performing techniques against air bandits with no impacts against solid objects. For firearm training atthislevelweusearangewherewefire at silhouette targets for accuracy and eventually speed.
Dynamic Weaks ide Block
< The suspect steps in to punch the officer at a slow speed (in practice) and the officer executes the block as practiced in the static mode. Only now he must become familiar to reaction time and body language.
Side view of Dynamic Weakside Block demonstrates the right hand offensive possibiliites of this manouver . The left arm sweep has exposed the suspect's left kidney for a retaliatory strike.
training bag such as those manufactured by Monadnock Lifetime Products allows the officer to strike at a moving target as his partner moves around the officer. This develops judgement of distance and use of target levels such as thigh and arm strikes as compared to head strikes. Blocking drills can develop reflexes safely by use of a jumbo plastic baseball bat. First using large slow movements and then as the officers ability to read body I a n g u age increases strikes can increase in speed while using less body I a n g u age . Protective gear is important at all
control techniques levels of intensity. > For firearms, will either be ~~==~~=:"':~ use of Dual-ointentionally s1CM1 to L-==:::::::===~~ arrive and respond Tron or Had-Com to a violent incident, over react and use type pop-up and turning targets is a good Dynamic Training way to start the judgmental process. This more force than is necessary or panic and freeze . also starts to familiarize the officer with The next level of training intensity is his/her holster under timed conditions. The three levels of intensity training are Static, Dynamic and Street where the officer begins to apply the Officers learn to break leather and shoot Simulations. We could compare the technique to a situation using judgement. accurately within that all important three levels to the child who must first learn to This is done in slow intentional and second period which is the time period crawl, then walk and finally run. expected movements in order for the that most shootings last. officer to start to develop his/her sense of distance and the reflexes required. As the Next Month Static Training officer becomes more capable, the Street Simulation movements are applied at a faster rate. The last level of intensity Static training takes in the three normal For empty hand techniques an phases of learning so that the officer can example could be as follows; The officers now perform the task. Empty handed adversary throws a slow punch toward techniques can be performed without the officers head. The officer must use Craig Best is the Founder of the resistance , for example; blocking the side step and block in order to avoid Officer Survival Institute in Montreal techniques which require the officer to being struck. (See Tactical Move #1 and is the tactical training instructor step laterally to the outside of his/her October Issue) This is repeated until the for the Canadian Pacific Police. opponent while moving the forearm which officer can perform the movements qUickly Comrnenis and inquiries may be made is closest to the opponent toward the and effectively. by calling him at (514)699-6569 or inside in order to deflect an assault. (514) 591-9018 For ooton training the use of a universal
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November,
1991
The R.I.D.E.Team In the last several years there has been no community relations program that can come close to the impact of the drinking driving campaigns at Chrisbnas time. The effort to make drinking and driving a socially unacceptable behaviour has seen great success. It is a tough job and one that has humour that only cops can fully appreciate. This is a salute to those boys in blue. Your community appreciates your efforts.
"They'll never notice in the daM'
"I might need the ALERT here!'
I think I might have one! ~ ~ ".:'
'~ twelve slice
"May I suggest in future you refrain from shouting, 'rll check the broad with the big hooters!" November,
1991
left over. ..
FREEt'
7
You Can't Go Back by Neil V. Thompson
You can't go back, time heals all wounds, real men don't cry. All of these sayings, while sounding fine and heroic are, quite simply, no t true. You can go back. In fact, for some of us it is vital. Time does not heal all wounds. If not treated properly, we can again be victimized in exactly the same way and real men do cry, as many of you know. The sun filtering through the tall oak trees caused patterns of light and shade to move lazily back and forth across the enameled dashboard of the old Ford. It was July, 1957 and dad had made sure he parked us neatly in the shade before slowly stroUing off across the town square. Despite this however, it quickly grew hot and cramped, with my mother, younger brother and two sisters, all trying unsuccessfully to maintain our decorum. Everyone was admittedly getting a little antsy as the time went by and , as I recall, mom seemed to be the only one who knew what was going on. After what seemed an eternity, I asked her what we were doing sitting here for hours while dad walked from one store to the next in this little town called Bassano, some 160 miles east of Calgary. She patiently explained that dad had grown up here, hadnt been back in twenty years and he just wanted to visit with the people he had known when he was a child. Somehow, I seemed to sense this already. I sensed this was an attempt to go back, however briefly, to a time long gone. The town was, evidently, just the same as it had been In his childhood; the little two storey wood frame houses and shops lining the square and the people were the same, just older. I felt a certain sense of melancholy watching my dad that day, for I sensed this was somehow more important to him than the other kids or even mom knew. I was only twelve, but I knew. Dad eventually returned to the car, got in and drove off and never was another word spoken about that day. This series of articles may never help you during a car chase or a B&E in progress, but I hope that in those quiet times, when you are alone, or with your partner, you mightthink about or discuss some of the things you read here. It may
give you pause to reflect. To reflect on your own life, where you are going, what you are doing. To examine those things which might be keeping you from doing what you want, or being the person you really want to be. This series will discuss a broad range of topics including: dysfunctional families, alcoholism, adult children, suicide, pornography, workaholism, sexaholism, suicide, self help books and groups. We will fInally discuss the affect of the addictive personality on society today. The names of books on each subject will be provided along with self diagnostic charts and questionnaires. In addition, we will be examining the \.VOrl< of some of the forelTXlSl: researchers and therapists in these fields. The.main focus however, will be on the abuse of children in our society, be it emotional, physical or sexual. It is my feeling, after talking with and listening to hundreds, perhaps thousands of men and \.VOmen, peace officezs and non peace officers, that the abuses encountered in dysfunctional families are responsible for most of the crime occurring in our streets and most of the unhappiness in many of our own lives. It is my considered opinion, and that of most counselors and psychologists that I have spoken with, that we cannot win this war on crime until we find a way to reach those helpless children, who are abused daily, in the tens of thousands. These children, who at an early age learn notto trust, speak and feel, need to know early in life that we, society, do care and will help them. We as police officers dont normally become involved with these kids until it is too late, until they are hopelessly cut off from the reality which should be theirs. Until they have become thieves, burglars and murderers. Isnt it odd, that we have to take tests to get jobs, drivers licenses and other
8
credentials. We have to be checked out by any number of people and fill out forms ad infinitum, sign papers till our arms are sore to buy a house, a car or to obtain a credit card. Yet, if a person wants to have a child, abuse it in any number of ways, raise it any way they please and destroy this most precious of life forms, condemning it to a life of misery, he/she just has to be alive, potent and be able to perform a brief physical act. Its a little difficult to understand.
NEXT MON1H: A boy - History's Most Infamous Mass Murderer.
About The Author Neil V. Thompson
Neil i<; a Staff Sergeant with the Vancouver Police Department. He is a graduate of Laurentian High School in Ottawa and received a Diploma in Civil Engineering Technology from AlgonqUin College. Having recently completed the academic portion of the Counseling Skills CertifIcate Program at Vancouver College, he is currently fmishing the 40 hour counseling practicum necessary to obtain the certificate. In addition, Neil has completed the Sterling Mens W~kend in San Frandsco and The Excellence Series of Self Development Courses facilitated by Context Associated. Future plans involve the formation of a small consulting firm, specializing in the issues arising for individuals raised in dysfunctional family systems as well as pursuing a degree in Counseling Psychology.
November,
1991
New Mobile Computer From Bell Ruggedness, versatility and 386 processing power characterize the Universal Mobile Computer 3000 (UMC3000), which is custom designed to withstand the enviornments of Canadian police vehicles. The computer runs at 20 MHz and is full IBM compatible. Its memory can be expanded from 1 to 8Mb and comes with a 60 or 80 meg s10rage capacity. The heavy duty LCD screen offers adjustable contrast, and is wry easily read, no matter what the lighting conditions are. The UMC-3000 keyboord has 5Y2 keys, including sr;ecial status message shift keys, and one protected emergency key. The status/message keys change colour when depressed to provide visual feed-back to the user. For full night-time vision, the keys are backlit, with a control to vary intensity. The
keyboard is sealed against dust particles and liquids. To simplify connection in any kind of vehicle, the UMC-3000 is equipped with one single quick connect/disconnect plug: the computer is automatically connected when installed in its holding tray. This single plug incorporates power, two serial ports, one parallel port and one external audio port in case of emergency. It can then support a radio modem, fax, printer or any other mobile specific device. An optional internal battery can extend full function operation to nine hours, or 18 hours of standby time. The Universal Mobile Computer ~ will be priced at $7,395.00. For more information contact Maurice Rompre, Bell Radiocommunications Inc., 7350 TransCanada Highway, St. Laurent, Quebec, H4T lA3. 514-345-1444.
Keeps Your Handgun Secure Bedford Technologies, Inc. has introduced the Guardian Securi1y Closure, the worlds only instant access safe. It provides instant access to handguns or other items that may be needed at a moments notice. Handguns are locked safely away in a case of heavy steel construction, yet are easily accessible. It can be opened in less than one second, even in the dark, since it is activated by touch, not sight. The newly developed access system, unique in the industry, utilizes a pattern recognition array which eloctronically scans your fingers when you try to open it. Within milliseconds, the Guardian Securi1y Closure decides if the person is the proper user and unlocks itself. It also keeps track of attempted openings by unauthorized persons. There are over 65,000 possible combinations which can be programmed into the closure, yet still be unlocked instantly for the right person(s). For more information contact Bedford Technologies, Inc., PO box 448, Rolla, Missouri, 65401 or call 314-364-7<Y21.
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1991
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Calendar Of Up-Coming Events November 13 - 15, 1991 1991 APCO CANADA CONFERENCE North York, Ontario The Associated Public Safety Officers of Canada will be holding their annual conference at the Inn On The Park in North York Ontario. This will be of particular interest to persons involved in radio communications for emergency services. Any members wishing to attend the conference or become a member of this organization are encooraged to con1act David Ralph at (416) 392-2199 or FAX (416) 392-2027 or David Smith at (416) 392-2174.
February 17 - 20, 1992
POUQNG IN 1HE GLOBAL COMMUNIlY The Challenge Of Leadership
Simon Fraser University and the Justice Institu1e of B.C. will be hokling this seminar which is designed for police managers. It will address the critical issues of vision, organizational leadership and creative adaptation to change. Symposium program and registration information will be available in September. Further information call B.C. Police Academy (604) 228-9771 Ex.257 or FAX (604) 660-1875 or Simon Fraser University at (604) 291-3792 or FAX (604) 291-3851. March 2 - 5, 1992 JUSTICE: EXlBIDING 1HE VISION A National Conference on Victimization and Recovery Victoria, British Columbia
This conference is targeted to everyone in the fields of justice, social services and mental health. Prominent keynote speakers and workshop leaders will address emerging issues in the areas of victimization and recovery in Canada. Workshops will include Family and Sexual Violence, Victims as Witnesses, The Victim/Offender Continuum. For further information contact Shelley Rivkin, Justice Institute of B.C. (604) 222-7251. (Note: This is not a COVA Conference)
March 17 -19,1992
EMEX 92 INlERNATIONAL San Francisco, California
The 1992 International Emergency Management Exposition and Conference, featuring products and services for emergency disaster preparedness, will present a comprehensive conference program. The three day conference will present demonstrations, lectures, seminars and a trade show. For further details contact Carol Davis-Beach (617)4496600 or FAX (617)449-6953.
event. The convention will include seminars, workshops and exhibitor displays related to the auto theft prevention industry. Contact person is D.Sgt. Chris Hcbson (416)324-6260 or Roger Overton (416)252-5215.
September 21 - 25 1992
PROHlE 2000 Toronto, Ontario
Montreal, Quebec
The Metropolitan Toronto Police Sexual Assault Squad will present a four day sex crimes seminar. Several experts and international key-note speakers will be featured . For further details contact Sgt. Wendy Lever at (416) 324-6060 or FAX (416) 324-0697.
RadioComm is Canada\; only trade show dedicated to mcbile communications. This event will be held in the Exhibition Hall South, Place Bonaventure in Montreal. The HadioComm Association of Canada will hold its annual convention at the same time. For further information coniact Peter Mclean or Carole Meyer at (416) 252-7791 FAX (416) 252-9848
For inclusion in this column we must have at least two months advance notice. Please try to keep the description of your event to 30 words. (Not including Title, Contact Name and Phone/FAX) It may be faster to FAX your announcement so feel free to use our 24 hour Editorial FAX line - (416) 293-0526.
May 13 - 15 , 1992
RADIOCOMM 92
POLICE SWEATER
June 0 1 - 04, 1992
lRAFHC CRIME SEMINAR Toronto, Ontario The Metropolitan Toronto Police Traffic Operations will be hosting their third annual Traffic Crime Seminar. This event will include a week long series of seminars related to Hit and Run and serious accident investigations. Members attending this years event will be broken up into investigatiw teams and carry out a detailed investigation of a fatal Hit & Run incident. Number of attendees is limited. For further information and registration contact Christina Stambulski at (416) 324-0557 or FAX (416) 324-1902.
August 2 - 7,1992
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The Metropolitan Toronto area police forces will be hosting the International Association of Auto Theft Investigators 1992 training seminar. All police agencies in and around the Metropolitan Toronto area will be assisting with this international
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~~[;>[;>J~~~ ~[j} ®~lill~[li)~ 21 S ~Ilr St. E.• Kitthllnllr. Ont. N2H 1 E7
November,
1991
Two Level Computer Security System A British company has developed two highly innovative security systems, one for laptop and the other for personal computers. The Laptop Protector from Harvest Electronics is a hardware-based security system which incorporates both a motion detector and a proximity detector. When the computer is being used on a stationary surface such as a desk, an alarm will be triggered if the equipment is moved, thus deterring bath its removal and the acceg;ing of sensitive data. The alarm has a built in time delay to allow iUo be switched offby the authorized user. The proximity detector is primarily designed for use during traveling. It consists of a small receiver which is carried in the user's pocket: if this is separated from the computer by more than 10m (33 ft) a warning tone sounds. This serves the dual function of deterring theft and preventing the computer being left behind in error. The Datalarm is a complete PC computer security system, believed to be the first of its kind in the world. It is built
into a half-size expansion board, and provides hardware-based protection for both the computer itself and the data it contains. Security is provided on two levels. First, even if DOS disk is inserted, the PC will not boot unless the correct password
has been entered: incorrect passwords will activate an audible alarm. Secondly, if the equipment is moved, the 90 dB alarm will sound. Enquiries from prospective Canadian agents are welcomed by the company. Harvest Electronics Ltd., 8 Sharpes Mill, White Cross, Lancaster, Lancashire, England, lAl 2XQ. Contact Mr. D. Hoyton, +44 524 382082, Fax +44 524382090.
FLASHES By Tony MacKinrwn
"Hal Put a curse on me. Who does that stupid old woman think she's dealing with?"
~"~"~
,::~ .. ~ . ---- ....
Meet the Ultimate Survivors FIRST PLACE
They don't quit .. and they never give up!
Law Enforcemen t Video Association InJt!manonai Video Awards
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Half of Ken Tuthill's face was blown off by a criminal's shotgun. Blinded, unable to speak, he sank toward suicide. Then what seemed the end became a new beginning.
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A crash on a high-speed chase trapped Mike Buckingham inside a flaming patrol car. The "fires of hell' destroyed his flesh - but not his spirit. Today he's saving other lives.
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Ambushed at gunpoint by a team who planned to kill him to free a prisoner. Mike Thompson had just 15 seconds to save his life. He survived ... they didn't.
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Steven Chaney couldn't stop a crazy man from killing a rookie officer right before his eyes. Haunted by the horror, he doubted his worth as a cop - until he faced another deadly challenge.
Golden Eagle Award 1991
Orderyour 85 minute Vuleo today. Send Cheque or Money Order for $81.26 (includes G.S. T.) (Ontario Residents Add 7% P.S. T.)
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~"~ No vember,
1991
12A-4981 Hwy. 7 East, Ste.254, Markham, Ontario, L3R 1N1 11
... news beat ... news beat ... news beat ... Ontario Solicitor General Defines Police Political Activity
New Approach To School Security
Ontario Solicitor General Allan Pilkey has announced a Police Services Act regulation which defines permissible political activities for Ontario municipal police officers. The regulation permits police officers to engage in most political activity while off duty and not in uniform, and to express views as individuals as long as they do not associate their position as a police officer with the issue or represent their views as those of the police service. The regulation was developed in consultation with the Ontario Association of Chiefs of Police, the Ontario Association of Police Services Boards, and the Pelice Association of Ontario. "The key to developing a fair regulation is to ensure its consistent application across
In Florida, public school officials have found a cheap and reliable method of providing their grounds with good socurity. Joseph Barnett, capital outlay manager for the school district in Alachua, says, "Our schools get police prota:tion all night, over weekends and during vacations." Administrators of the school district invited police and sheriffs from Alachua county and Gainesville to live on the land in and around the school grounds. The officers reside in mobile homes and their property rent, along with utilities, is completely paid fcr, excluding telephone bills. The mere presence of parked police cars is enough of a menace to possible vandals. At dusk the police check the school grounds, and they must respond to any local alarms as well. Plus, no one knows if the police are in the trailers or not, further discouraging any wandering eyes and sticky fingers. This idea will be expanded to include near half of the county's 45 schools, according to Barnett. There is already a waiting list of p~ve officers.
the province," said Mr. Pilkey. 'We believe this regulation strikes a balance between the rights of all Ontarians to receive the same high degree of impartial and politically neutral policing services, while guaranteeing fue individual rights of police officers as members of their communities." Under the old Police Act, which the Police Services Act replaced, poliCies governing the political activities of individual police officers were not addressed . Consequently, local policies and the resulting restrictions could vary widely. "Our partnership with the policing community continues to be vital in formulating Police Services Act regulations," said the Solicitor General.
Video Wins Four Top Awards "Ultimate Survivors," the new videocassette from Calibre Press, has won a first place trophy in the 1991 Law Enforcement Video Association (LEVA) International Video Awards Competition. The 8S-minute officer survival video was given LEVAs Award of Excellence as the years best production it its category during ceremonies recently in Miami, beating out 130 other contenders. Since its release last May, Ultimate Survivors has won four major film festival competitions. Its other top honours in:lude: > A Golden Eagle Award from the Council in International Non-Theatrical Events (CINE) , which now makes Ultimate Survivors eligible to compete for an Academy Award ; > First place for docu-drama in the Suffolk County (NY) Film & Video Competition, and > A Special EDI (Equality, Dignity and Independence) Award for Excellence for the National Easter Seal Society. The video, hosted by William Shatner and created by Dennis Anderson and
Charles Remsberg, documents the exceptional stories of four police officers and their winning battles to overcome the incredible consequences of violent events. It is available in Canada from Blue Line Marketing . (See Ad this issue)
.
"Claim everything, concede nothing, and if defeated, allege fraud." -Tarnmany Hall Maxim
FLASHES By Tony MacKinnon
"/ told him, assaults like that are handled by the next shift. "
12
November,
1991
... news beat ... news beat ... news beat ... Innovative Alberta Program
CALL 911 Report An Impaired Driver On June 17, 1991 the Honourable R.S. Fowler, Q.C, Solicitor General of Alberta, announced the establishment of the Report An Impaired Driver program (RAID) in Alberta. In announcing this program, Mr. Fowler stated that, Alberta motorists cannot be expected to share the road with someone who drives after drinking. Driving while impaired is not only a serious criminal offence, it is the cause of senseless social and emotional costs to the victims, to the driver and to all other Albertans. RAID provides private citizens with the opportunity to participate directly in the fight against impaired driving. By calling 911 or 0, Citizens can relay the location of the driver, direction of travel, time they saw the driver, licence plate number, and the make and colour of the vehicle. Thi<; information assists the police in apprehending the impaired driver before that person causes serious injury or death to themselves, family members or other innocent people. In 1989, some 163 people died on Alberta highways as a direct result of drinking and driving. In addition, over 3 ,139 Albertans were injured in motor vehicle collisions where alcohol was a contributing factor. Over one-third of all traffic fatalities in 1989 were alcohol related, with over 18,000 people being charged with impaired driving offences. The RAID Program is another I component of the Alberta Governments StrategiC plan, introduced in 1988, to reduce the incident of impaired driving in Alberta. To inform Albertans of the RAID Program, posters and brochures were printed and made available at information centers located across the. province. In addition, displays were set up at major events over the summer months.
November,
1991
Law Enforcer Loves Lada When it came time for Police Department Chief Doug Home of Hartland, New Brunswick, to replace his police vehicle, he came up with an innovative idea. Instead of the traditional full size police sedan, Chief Home opted for a Lada Niva 4x4 which delivered some exceptional benefits as well as attracting a lot of attention. Hartland is in the middle of New BrunswickS finest agricultural area and the police department must patrol hundreds of acres of rural terrain including some of Canada's finest potato fields. Since the force only has two vehicles in total, the Niva's ability to deal with offroad situations is a terrific attribute. The vehicle is also ideal for patrolling the to..vnS streets, especially from a budgte perspective. I can go for nearly two weeks without gassing up. ThatS quite a saving in fuel consumption, Chief Home is proud to explain. The Lada Niva's
initial price tag is a further consideration - the 1991 list price for the dressed up Cossack version is under $10,000, much less than a conventional police vehicle can be had for. Hartland, like all small communities, is careful about its expenditures and the Chief is happy when he can stay within budget. The Niva has been painted in the DepartmentS colours and has attracted a lot of attention. J\ccording to Chief Home, word of the unique police vehicle has spread right across the province bringing some notoriety to the town. The people in the area seem to generally like the vehicle. They sure take a second look when we pass on the highway, says Home. So far the Niva is fulfilling the Chiefs expectation in most every way. If things continue as well as th~e been going so far, wed look at purchasing a new Niva when this ones up for replacement.
Here Comes The Groom Ottawa Crime Stoppers received a tip that a Canada wide fugitive, wanted for attempted murder and parole violation, was to be married on JUly 19 and then would rob a bank to pay for his honey moon. Investigators arrested the suspect
13
enroute to the wedding. The detectives had reason why this man and woman should not be joined in marriage. Coordinator Sgt. Robert Kerr adds that it was rumored the Justice of the Peace would marry them in prison; the wedding still did not take place.
pay cheque .... OUCH! The most obvious solution is to approach the problem in an organized Tom Rataj and methodical manner. To spend hundreds of thousands of dollars on the purchase of numerous stand alone systems, often of different types, makes Part 1: Regaining Control absolutely no sense. This soon becomes painfully obvious when several different systems are required in order to complete COMPlJIER)! They are everywhere. routine work, with every stand alone What did we ever do without them? It system requiring independent input of the same information. seems these days you carlt get away Before any or more money is spent from them. Its even become fashionable on computer equipment a comprehensive to have a home computer, so you can and strict computer policy must be allegedly bring work home and spend established and followed. Since the more time with the kids. This despite the computer industry is such a specialized fact that they are probably doing their field unto itself, it would make sense to home work on the thing already. hire a computer consultant to assist in Seriously though it is becoming establishing this policy. The policy should increasingly difficult to avoid them, establish base criteria for aU hardware or to do without them. Just and software purchases, with some think of how handicapped we variances allowed, but only when feel when CPIC is down , those variances provide even for half an hour. complete compatibility with the base criteria. This provided us with the capability . ~ policy would prevent to enhance our information J ~ most of the problems handling capabilities in ~ . caused by the an efficient and ~":--, , /' stand alone effective manner. ~" ~ j syndrome, This capability is . ~~ i . while providing further enhanced ~~~\ cost effective and through the efficient information development of some handling. software packages designed Ultimately though, speCifically for the police. this also follows through in Computer technology has advanced that each police force canrot operate to its current state where a single desktop in a stand alone environment, since P.c. (personal computer) is capable of information sharing between forces is performing many tasks Simultaneously at almost as crucial as information sharing speeds exceeding those of equipment within individual forces. This concept from just several years ago. The problem aptly shows its value in the CPIC system. is that many business organizations look upon the P.c. only as a single use tool, and seriously under utilize the expensive equipment, often by purchasing stand Next Issue: alone units for specific projects or uses, Computers: without any apparent realization of their full potential. "Where we usually go wrong." For a revenue generating business this could lead to financial ruin, while for Mr. Tom Rataj works at #3 District tax funded organizations such as the police, Headquarters Planning Office for the this consumes excessive amounts of ever Metro Toronto Police Force. His shrinking budgeis. We must all remember responsibilities include overseeing where those shrinking budgets are in fact computer technology implementation. coming from . Take a look at your next
Technician Awarded
Technology:
Computer Woes
At the recently held Airborne Law Enforcement Association Conference (ALEA) held in Mobile, Alabama, MBB Helicopter Corporation presented the Maintenan:e Technician of the Year Award 10 David Marquez of the Huntington Beach Police Department. Marquez started at the Huntington Beach Police Aero Unit in 1979. In 1990 they had an extraordinary year, as they had no down time due to mechanical problems. The reason for this has been attributed to Marquez. This effort was recognized as quite outstanding in that the Huntington Beach Police log over 3,000 air hours annUally.
J)
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V
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"PFACEMAKER" It's your ocrupation .... Now let it be your publication! The PEACEMAKER is published quarterly by the Canadian Fellowship of Christian Peace Officers (CFCPO), a federal nonprofit corporation which encourages peace officers locally, nationally and internationally to join in fellowship. If you would like to be placed on the mailing list, or would like to receive more information about CFCPO membership, send your request with your name, occupation, address and phone number to:
Sharing the Truth and the Way and the Life Our Lord Jesus Christ
November,
1991
Vehicle Impoundment Law In Alberta Now Includes Suspended Drivers Alberta may be the second province in Canada to have vehicle impoundment as a penalty for people who drive while under suspension. Bill 39, the Motor Vehicle Administration Amendment, was recently introduced in the Alberta legislature by Solicitor General R.S. Fowler. Bill39 will provide new penalties for people who continue to drive after their license has been suspended. Under this Bill, a vehicle driven by someone with a suspended license will be immediately seized and immobilized or impounded for 30 days. Research suggests that up to 65 percent of drivers with suspended licenses continue to drive, said Mr. Fowler. This Bill provides immediate consequences to those people who continue to drive after their license is suspended. The mandatory license suspensions, introduced in 1988, for impaired driving offenses have increased the number of license suspensions in Alberta. Driving privileges of approximately 62,000 Alberta drivers are curnmtiy suspended. Under the Motor Vehicle Amendment Act, a Vehicle Seizure Program for drivers with suspended licenses will be introduced. Vehicles operated by drivers with licenses suspended for alcohol-related offenses, for demerit points, and administrative reasons, such as the none payment of fines, will be seized for 30 days. If the driver under suspension does not own the vehicle being seized, the owner may apply to the Driver Control Board to have the impounded vehicle released. The vehicle owner must demonstrate that they had no means of knowing the drivers license was suspended. After the 30-day impoundment, vehicles are released upon payment of all towing and storage costs.
The Canadian Police Riot: Helmet: The CANADIAN Police Riot Helmet is the culmination of a five year joint effort between Biokinetics and the RCMP (Royal Canadian Mounted Police, Science and Technology Branch). Designed to meet the requirements of the recently published Canadian Standards Association standard for Police Riot Helmets and Faceshield Protection, CANjCSA-Z611-M86, the design is unique in that it protects against many of the hazards not previously addressed in other helmet designs. A combination of fibre reinforced resin and four different polymers has resulted in a helmet that provides protection against a steel pipe to the face as well as it does to the rest of the head. The CANADIAN Police Riot Helmet is also impervious to caustic liquids and flaming hydrocarbons, and possesses a faceshield with optional properties equalled only in NATO aircrew helmets.
Similar Manitoba Law Started in 1989 A similar program has been operating in Manitoba since November 1989. Approximately 2,600 drivers with suspended licenses had their vehicle seized in that province last year. In Alberta, it is estimated that annually up to 6,000 drivers with suspended licenses will have the vehicle they are operating seized. Another provision in the legislation will allow peace officers, at their discretion, to immobilized an alleged impaired drivers vehicle for 24 hours. Currently, this provision is only applied when a peace officer believes an arrested impaired driver may drive again before his vehicle can be temporarily immobilized. If the initiatives to reduce impaired driving introduced in 1988 are to be effa:tively enforced, the 24-hour suspension provision must include a significant deterrent for alleged impaired drivers. This legislation demonstrates our continued commitment to ensure the safety of all Albertans, concluded Mr. Fowler.
November,
1991
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Cops and Disabled Kids A dynamic redpe for success By Fred Willison
T
he 9th annual Metropolitan Toronto Police Disabled Children's Games were held on Saturday, May 25, 1991, at the Variety Village Sports and Fitness Centre, 3701 Danforth Avenue, Scarborough. A barbecue feast for participants and volunteers and entertainment by Badge made the day even more special at the end of the competition. This year ten teams, representing schools and organizations from southern OntariO, competed to test their athletes skill and endurance. Areas represented included St. Catharines, Thornhill, Mississauga, Uxbridge, Oshawa and Metropolitan Toronto.
at and attended Variety Village sports and Fitness Centre in Scarborough. The purpose for police involvement was due to a realization of the need to meet a strong medical commitment in keeping disabled children physically and mentally active through athletic competition. With the Metropolitan Toronto Police Force endeavoring to adopt a high profile and positive community image,
Guest Of Honour Opens Games
The Organizing Committee The organizing committee for the Games, coordinated by Constable Fred Willison and Sergeant Alan Armstrong, has been comprised mainly of Force personnel. The majority of the funding has been provided by the Amateur Athletic Association. The largest expenditure, but mC6t meaningful, is volunteer hours. Nearly 200 volunteers attendal and heJpad with the Games. The generosity of the volunteers from the police and auxiliary forces, cadets, civilians, friends from the community, and the correctional officers from the three Metro facilities was much appreciated by the children. They helped to make the Games a tremendous success. FROM A MEAGER BEGINNING ... The concept of the Metropolitan Toronto Police Disable:! Olikirens Games was developed in 1983. It stirred a great deal of excitement, anticipation and hope amongst the staff and children who 1.VOrl<ed
annual commitment was taken on by No.4 district in 1983. From a meager beginning in 1983 where sixty children from six different Metro area schools partiCipated, the Games have grown to as many as fifteen teams from all across southern Ontario, with one hundred and fifty athletes. This years total was slightly below normal due to the fact that four schools were scheduled to go to regional qualifications the next day. Most schools fielding teams have a qualifying process, thereby ensuring the Games of top line competition. The concept of the Games is viewed as a mini Olympic Game. These Games are also the only Games that give team awards for combined efforts instead of just individual achievement awards.
while at the same time serving all segments of society, these competitions were received throughout Metro with a high level of respect and admiration. Our participation further supported and recognized one of the worlds most modem facilities for the disabled. With guidance and assistance from the administrators of Variety Village, the police developed a program which met the needs ofthe children and challenged their competitive spirit. Variety Village attempted to schedule competitive events every six to eight weeks throughout the year, encouraging and preparing these children for summer Olympic competitions. The Junior Board of Trade, the University of Toronto, Durham Regional Police Force and a few well known corporations sponsor their own disabled competitions. There was a need for a sponsor in May before the children move to outdoor facilities. This
16
Each year a guest of honour is selected from one of the participating schools or organizations. This year 18 year old Joe Arnold of Toronto, was escorted to the Games in the RiDE van and greeted by Chief of Police, William McCormack. Joe, who suffers from cerebral palsy, was escorted to the Fieldhouse of Variety Village where the Games were officially opened. This years opening ceremonies consisted of a simulated Olympics march past of athletes and torch lighting by the Guest of Honour. Inspector Gary Grant, President of the Amateur Athletic Association, the primary sponsor of this event, presented the organizing Committee with a cheque of $3,500.00 to cover some of the expenses. The children once again rose to the occasion and amazed the volunteers with their prowess in the track and field events. Participation medals donated by the Metropolitan Toronto Police Association were distributed by Association President, Art Lymer. Everyone was a winner. Next year will mark the 10th anniversary of the Games. It is truly a worth-
November,
1991
while experience, a wonderful example of community policing in action. Why don't you plan to be there?
How To Organize Your Own Games For The Disabled It is strongly recommended that your Force commit the manpower and monetary funds required to professionally sponsor and host an annual competition for disabled children. There is a great deal of planning and organization required by a few dedicated and committed individuals in order to stage an event of this kind. But, if you can pull it off, the looks of joy and admiration on the faces of these young disabled athletes will make the whole endeavour most worthwhile. FACIl1lY: Finding a facility to house an event of this magnitude may take S)rne doing. We, in Metropolitan Toronto, are fortunate to have a world class facility like Variety Village. You might decide to look for a high school gymnasium, an arena or a community hall. Wherever you choose, make certain it is accessible to the disabled. If you have a childre~s centre in your area, ask for an employee to be appOinted to your planning and organizing committee. This staff member would be of great assistance in the actual running of your Games.
TIME: Once you select an appropriate daie (after consultation with children~ centres in your area), these events can take place in a morning from 9:30a.m. to 12:00 noon. A barbecue is a good idea following the Games, with an awards ceremony at 2 :00 p .m. wrapping up the day. COS T : l\dvertising, buttons, medallions, plaques, t-shirts, hats, refreshments and lunch all
November,
1991
cost money. Donations can be solicited from various police organizations - station coffee/pop fund, Senior Officers, War Vets, Police Association, etc. Considering the nature and image projected by these Games, I believe you could easily obtain donations of food and refreshments. Your Force should not, however, revert to these measures because of budget restrictions. Consider the possibility of sponsorship from good corporate citizens in your community.
UABILITY: A standard rnedicaVinjury waiver, signed by each participant and his/her parent is mandatory before they are permitted to
participate. With the modem facilities at Variety Village, the nature of the events actually played and the qualified staff and volunteers, there has never been, throughout our years, an injury to a child. As well, ambulance personnel are provided to us each year to assist with any medical problems the athletes may encounter.
ADVERTISEMENT: The production and distribution of posters, a news release and any force publications are good ways to advertise your event. Seek exposure through all avenues of public media. VOLUNTEERS: Encourage off duty police officers, their spouses and families to help out at these events. The children like to see the uniform. Contact your Chief and request that officers be allowed to wear uniform shirt and pants and running shoes rather than issue boots. The most meaningful expenditure is volunteer
17
hours. Consider asking your Auxiliary force, cadets, civilians and friends from the community. All these people will help to make your Games a tremendous success.
REFRESHMENTS: A large cafeteria, patio area or even a parking lot would be the ideal setting for all participants to attend for refreshments and lunch. The participants, accompanied by their families and together with the many police and volunteers who have given their time should be recognized with refreshments and lunch. Because of the various disabilities and time factors, hot dogs have proven to be the most appropriate food . EVENTS: Working with the staff at Variety Village, we were able to develop a fair and eqUitable program which was suited to the various disabilities we were likely to encounter. The track events we have are the 6Om, 200m, and relay, while the field events include club throw, discus moonball, bean bag and slalom. Individual athletes are allowed to enter only three events plus the relay. AWARDS: One large, prestigious trophy indicative of your Force should be presented annually to the winning team of disabled children representing their school. A smaller plaque should be given for permanent display in their school. A plaque for outstanding individual effort can be awarded to a girl and boy. The highest score (male and female) can also receive a plaque. The second and third place teams can be awarded plaques. Pins, buttons and medallions should be budgeted as mementos for participating children. Photos of your uniform and volunteer personnel assisting disabled children reflect a positive public image.
lERMS AND ENTRY (X)NDmONS The staff at Variety Village helped us develop a fair and equitable program
(Continued On Next Page .. .. . )
(Continued from Page 17) suited to the needs and disabilities of the participating children. Each team consists of ten athletes who take part in the following events: 1. Electric Wheelchair - 2 persons 3 events: slalom, moonball push, bean bag throw 2. Manual Chairs - 6 persons 3 events: 60 metre, club throw/ 200 metre, slalom 3. Ambulant - 2 persons 3 events: 60 metre, discus, 200 metre We have a 60m shuttle relay event at the conclusion of the other events which is contested by one from each team in the following categories: spina bifida, cerebral palsy - manual chair, electric chair user, walking participant. On many occasions, police officers, face negative criticisms from certain segments of the population and also from some of the media. Morale can descent to unprecedented lows as the officers on patrol attemptto function under this dark cloud. Children with disabilities don't complain. They have accepted, for the most part, their lot in life. Anything you do on their behalf is appreciated. One only has to look at the expressions of joy and excitement on their faces and you know you are making a difference. Maybe your Force could use such a morale booster. The respect and admiration that an officer receives both during and after an event of this kind will go a long way in restoring that officer's faith in society. This is truly a worthwhile experience for all who participate in it!
IJ you would like more inJormation on how to organize an event like this, contact the writer at the address below. Over the years, the organization oj the Metro Toronto Games has been put on computer. A booklet could be prepared to send out to anyone needing further organizational tips. Contact Cst. Fred Willison , Metro Toronto Police, Drug Education Unit, 4 District Headquarters, 1001 Birchmount Road, Scarborough, OntariO, M1K lSI .
Manitoba Amends Vehicle Impound Laws Changes to Manitoba's car impoundment legislation, including doubling the period of vehicle impoundment forowners whose vehicles are seized more than once in two years, have been announced by Highways and Transportation Minister Albert Driedger. IntrodUCing Bill 46 for second reading in the Legislature, Mr. Driedger said the changes to The Highway Traffic Act also include administrative improvements to eliminate significant problems and increa<;e the effectiveness of Manitobas unique impoundment laws. The provisions of the bill include: • Impoundment of vehicles for 60 days where the owner has had two or more vehicles seized within two years for being driven by a suspended driver, and the impoundment order was not revoked. "This will double the cost and double the inconvenience to vehicle owners and we trust, will discourage repeat offenders, ~ Mr. Driedger said. • Allowing garage keepers to gain title to an unclaimed car if there are no thirdparty liens against it. "The cars in question are those that are unclaimed for 90 days and are worth less than the amount of lien charges against them," Mr. Driedger said. "The problem is particularly acute in remote areas, where the cost of towing cars to car auctions can be prohibitive." • Allowing police not to effect impoundment on the spot, as is now required, but to do so later either at a
predetermined place or by applying to a magistrate for a warrant. "Immediate impoundment without discretion can cause hardship in remote areas of Manitoba," Mr. Driedger said. "Seizing a car on a northern highway in the middle of winter and leaving the occupants on the side of the road, miles from home, could endanger their safety." • Specifying in the legislation the reports and materials that a magistrate hearing a request to revoke an impoundment order against a vehicle should consider in making a decision. "Existing practice will not be appra:ial::iy changed, but the amendments will clarify what a magistrate should consider in determining whether an CMII1er knew or ought to have known of a suspension," the Minister said. • Making quick release of an impounded vehicle possible if it is discovered that the vehicle had been seized in error under the impoundment legislation. In such cases, the Minister of Justice will be able to waive fees and compensate owners for direct costs incurred. ManitOOa's vehicle impoundment law was implemented in November 1989 as part of the toughest drinking and driving legislation in Canada. The legislation also included immediate licence suspensions for drivers who were caught driving with blood alcohol content over 80 mg% or refused to take a breathalyzer test. "We must continue to strengthen our drinking and driving legislation and find more effective ways of fighting drinking and driving," Mr. Driedger said. "It is with this goal in mind that the bill has been introduced."
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November,
1991
No Right To Consult Parent During Investigation Regina Vs. MacD.(H) A Young Offenders Court in British Columbia bas ruled that police do not have to advise a young person ofhis right to speak with his parents prior to questioning if the youth is being questioned a; part of a larger investigation in which he is not a known suspecL The young person was under 18 years of age when police questioned him aboutwhat he may have seen with regard to a homicide investigation. The person gave a statement to the officer and at a later date police charged the youth with
the murder. At trial the Crown attempted to enter the youth's statement into evidence. The court refused because the youth was not advised that he could have his parents present during the questioning. The court rejected the statement and the case was dismissed. Upon appeal the Judge advised, that the police were within their rights to question the youth as he was not at that time suspect. The ruling stated that the guarantees in Section 56 of the Young
Offenders Act were put in place to protect offenders not young people who are merely questioned as potential witnesses. The court must look at all the surrounding circumstances to determine whether the young person giving the statement was a suspect at the time, the ruling stated. The ruling continued by stating, otherwise the youth are simply individuals drawn into an inquiry in good faith by persons whose duty involves the investigation and detection of crime.
Case Law 1118-015 (24 Pages)
Entry Not Legal At Noisy Party Regina Vs. Thomas Three counts of assault police as well as one of Obstruct Police and Destroying Government Property was dismissed by a Newfoundland Appeal Court after it de termined po lice officers were trespassing when the arrests took place at a noisy party. The incident arose after police in StJo~ attended a noisy party of around 40 persons ata house. Evidence revealed that the party goors had speakers blasting at maximum volume around the outside and inside of the house. Several attempts to quieten the party failed and police requested to be admitted to the home to speak to the hostess. Two male persons permitted the officers to enter via the front door and directed them to a second floor room where the officers located the owner at around 2:30 AM. The officers spoke to the woman responsible for the party and at some point she ordered the officers to leave the party. At this point a fight took place between the officers and the party goers. Numerous people were arrested at
November,
1991
the party and taken to the police station. The officers forgot to take one person though. The woman who was responsible for the party was handcuffed but inadvertently left at the house. When officers returned for her, they found that she had cut the handcuffs off. This brought about the damage charge. In dismissing all charges Chief Justice Goodridge stated that while Mr. Tomlinson (the person at the door) had express authority to invite guests to the horne, these woold be guests who intended to join in the revelry of the night, not to policemen entering for other purposes. The Chief Justice confinued by stafing the police had entered the house in good faith and with implied permission. That permission, however, expired upon the hostess ordering them to leave the premises. Thereafter whatever right they had to be in the premises ceased and they had no authority to remain, said the Chief Justice. In the ruling the Justice pointed out that a marls home is his castle and
19
police can only enter if authorized by statute, common law, or invited by the owner or his agent. The court ruled by the time the arrest was made the officers had complied with none of the three options. Entry by Statute was pointed out to be a law that would make the offence arrestable. The offence in this matter was pointed out 10 be a Municipal Noise Bylaw with no powers of arrest. Common Law exceptions include entry to prevent death or injury or the destruction of property or evidence or in fresh pursuit of a fleeing felon . Other forms of allowable trespass included the installation of court ordered wiretaps. The Justice ruled that the officers actually entered the residence to conduct an investigation and for this they needed permission. The Justice concluded the officers should have requestw to have the hostess come to the front door and if she refused, should have then sought a warrant to force an entry.
Case Law 1127·007 (23 pages)
ALERT Testing Must Be Immediate R egina Vs. Grant The Supreme Court of Canada brought down a ruling last mo nth tha t will prohibit o fficers from waiting for an ALERT instrument to be delivered to perform a test on a suspected motorisL The ruling was long awaited but was no real surprise to most people watching the case go through the judicial system. Its final resting place at the Supreme Court of Canada simply helps to clarify the issue. The Crown could not find a more losing case to bring before Canadas top court. On December 4, 1987, an officer in Prince Edward Island gave evidence at the original trial that he saw a man whom he believed to be the accused and thought was under suspension. The offk:er pursued the car and lost sight of it temporarily. He then found it parked and located the owner some 300 feet away from the car. Upon stopping the accused the officer advised the man he was under arrest for driving while disqualified. The officer did not read the accused his Charter Rights. He did note, however, that the accused had a smell of an alcoholic beverage on his breath. He then demanded the accused remain in his JX)lice car while a Roadside Screening Device (now referred to as an Approved Screening Device) was brought to him. After !Ome 30 minutes a second officer delivered the instrument and when presented to the accused he refused to supply. The accused was charged with the refusal as well as driving while disqualified.
This case was a loser at all levels of trial and appeal. When last heard from the Prince Edward Island Supreme Court made it clear that there were too many borderline problems with this case. The identification of the accused was weak at best. The demand given was questionable. No Charter Rights given for the arrest on Drive Disqualified and finally the halfhour delay in testing the accused. The Crown's appeal was on all counts and it was quite clear that this was a test case simply to see if there would be any case law that would be of assistance for future trials. O n this count alone the case was a clear winner for the sake of clarification. The ALERT section of the Criminal Code states as follOOlS: (edited text) 254(2 ) Where a peace officer reasonably suspects that a person who is operating a motor vehicle .... or who has the care or control of a motor vehicle,... whether it is in rmtbn or not, has alcornl in the person's body, the peace officer may, by demand made to that person, require the person to provide forthwith such a sample of breath as in the opinion of the peace officer is necessary ... The big question answered by the Supreme Court was whether the word forthwith was a duty imposed on the accused, the officer or both. The court \.VaS clear in its decision that is a requirement on both. It determined that the officer should be capable and ready to give the accused the test forthwith because he is, simply put, working under the good graces of Section 1 of the Charter of
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:I=-
Rights when he makes the demand . Section 1 of the Charter permits a persons Charter Rights to be infringed if the Crown can demonstrate that it is necessary for the good of the public in general. Case Law determined (Regina Vs. Dedman) that the stopping of vehicles for the purpose of determining if the driver has consumed alcornl is a detention that would normally require the reading of rights. However the court ruled that this right may be limited by the officer because of the overwhelming need to protect the public from such a menace as drinking drivers. The ruling went on to state that since this tool was given to the police it places a heavy onus on the officer (and later the Crown) to ensure the delay or detention is at an absolute minimum. The officer making the demand to supply a sample forthwith had better have an instrument available for the suspect to do just that. It is clear that any officer who detains a person for a test into an approved screening device had better be ready to explain how long the delay was and for what purpose. If the delay is to have an instrument brought to him the officer would be better advised that forthwith means just that... right now! If the Crown can prove that the delay was necessary, for example, to obtain a proper sample (ie. the clearing of smoke from the suspects lungs) then the delay may be proper and reasonable. If the accused in defence advises the court that he is a smoker but anaher officer delivered the instrument 15 minutes after he last butted out, then the accused may walk. In this decision an important lesson was also brought home regarding identity of the accused. Every officer who brings a charge before the courts should be able to say THAT is the person who was driving and not he looks like the person who was driving. The former is positive evidence the latter leaves a reasonable doubt. And we all know what happens with reasonable doubts.
November,
1991
Case Law 1115-006 (13 pages)
Obstruction Charges Lost After Illegal Entry Regina Vs. Maynes
A case heard in a Calgary court recently underlines the importance of proper entIy into residences when searching for suspects. In the case, heard last May, obstruct justice charges were thrown out after the presiding judge determined the officer had no probable grounds to believe a suspect was in the house. In this matter it was revealed the suspect being sought had been involved in a hit and run accident 20 minutes before the officer arrived atthe residence. Police had learned of the whereabouts of the accused by tracing a phone call made to police dispatchers on the emergency 911 line. When the officer was met atthe door by tOO accused he was told that the suspe:t he \.Vas lodOllJ for had gone 10 the hospital. The officer warned the accused that she could be charged with Obstructing Justice and walked passed her into the house. The officer located the suspect in the house and arrested him. A charge of
Sillys By Dave Sills
I think I just found another defect in the new holster!
Obstructing Justice was subsequently brought against the accused. At trial the officer was prevented from admitting his evidence because the court ruled he had no reasonable grounds to enter the residence. I am not ofthe view the officer had any reasonable and probable grounds to believe the suspect was any longer within the house, stated Provincial Court Judge Michael H. Porter. In my view, his purpose of entering the residence was to look and see whether he was still there. In this case the court drew upon the 1986Supreme Court of Canada decision in Regina Vs. Landry which laid out the four points to consider before performing a warrantless search for a fugitive in a private residence; [] Is the offence in question indictable?
[] Has the person sought committed the offence or does the officer, on reasonable grounds, believe he or she has committed or is about to commit the offence in question? [] Are there reasonable grounds for the belief that the person sought is within the premises? [] Was proper announcement made before entry? Judge Landry determined that the officer failed to consider the lasttwo parts of the four point decision. He continued by adding the officer, although not advised he could not enter the residence, did not receive permission to enter either. The judge ruled the entry was an unlawful search which breached section 8 of the Olarter of Rights and an evidence obtained by the search was excluded.
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1991
21
Rap With Rock:
By Rock Dueck
Cat Claw
Spare The Rod A new and disturbing movement is overtaking Calgary. It is called teen violence. While there have always been hool yard scuffles, there is no.v a gro..ving tendency to fight in gangs with weapons. Knives and guns are among the items seized from students in schools here. Other items include serrated-edged military swords and spear-like devices with a 15 centimeter steel blade stuck into a 30 centimeter long wooden handle . Accompanying this trend, is a loss or complete rejection of authority. Figures such as parents, teachers, and yes, even police are noticing the increase. On Monday, April 1st, 1991 police here responded to a fight between two teenagers outside a dance. While attempting to restore order and calm to the two combatants, the officers were suddenly attacked by more than 500 teenagers. Only the attendance of 20 officers quieted the disturbance but not before six officers were injured by kicks, punches, thrown rock and other debris. Eleven young people were arrested and charged. Now, the bad news. All of these miniature dillingers are charged under that ineffective and toothless piece of legislation called the Young Offenders Act. The act which we have all come to know and love (yes, fm smiling) ensures that these kids can get away with almost anything and be liable to only a maximum sentence of two years and/or a fine. OccaSionally, if the crime is gruesome enough, a youth will be transferred to adult court. But this is rare. Relaxed laws coupled with superior education and information available have left no reason for a young person to behave or have any respect for anyone. The general feeling here, according to Calgary Police Association, Mike Dungey, is that approximately one third of police members would take alternate employment if it were available. Any police officer knows that you are just as dead or just as hurt whether the deed is done by an adult or a youth. How is it that the law makers cannot understand this?
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November,
1991
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November,
1991
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