Blue Line Magazine
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Blue Line Magazine
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May 2005 Volume 17 Number 5
Publisher’s Commentary It’s time to think about police funding
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Blue Line Magazine 12A-4981 Hwy 7 East Ste 254
Proud of our past... Prepared for the future 6
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Canada
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The evolution of community service 10 London’s family consultant/victim services unit
Web: www.blueline.ca eMail: blueline@blueline.ca
— Publisher — Morley S. Lymburner
Fighting elder abuse-Project S.E.N.I.O.R 11
eMail: publisher@blueline.ca
Up close with counter-terrorism 12 Law enforcement leaders learn about security
— General Manager — Mary Lymburner, M.Ed. eMail: admin@blueline.ca
— Editor — Mark Reesor eMail: editor@blueline.ca
— News Editor — Ryan Siegmund eMail: news@blueline.ca
— Advertising — Mary Lymburner Dean Clarke Bob Murray Kathryn Lymburner eMail: sales@blueline.ca
— Pre-press Production — Del Wall — Contributing Editors — Communication Skills Mark Giles Police Management James Clark Tactical Firearms Dave Brown Technology Tom Rataj Psychology Dorothy Cotton Mike Novakowski Case Law Blue Line Magazine is published monthly, September to June, by Blue Line Magazine Incorporated with a mailing address of: 12A - 4981 Hwy. 7 East, Ste. 254, Markham, Ontario, L3R 1N1. Individual magazines are $5.00 each. Subscriptions are $25.00 per year or $40.00 for 2 years. (Foreign - $50.00 U.S.) Group and bulk rates available upon request. All material submitted for publication becomes the property of Blue Line Magazine unless other arrangements have been made with the publisher prior to publishing. The authors, advisors and Publisher accept no liability whatsoever for any injuries to persons 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 used for further action until appropriate advice and guidance is received from a supervisor, Crown Attorney or other person in authority. Established in 1988, Blue Line Magazine is an independent publication designed to inform, entertain, 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 necessarily reflect the opinions of any government, police, or law enforcement agency. ©2005 - 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.
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DISPATCHES
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DEEP BLUE Working together not always better
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E-learning technology Police training within budget
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The pistol reload illustrated
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CASE LAW 20 • Detaining and searching fleeing passenger Properly packaging the news 22 Well written releases, fact sheets,backgrounders BOOK REVIEW Canadian evidence law in a nutshell
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Lenses - sex trade and the law 24 Unintended outcomes of decriminalization Making your opinion matter in court 26 Officers can become qualified as ‘drug experts’ CORRESPONDENCE
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Ontario police officers awards for bravery 28 Arming the bobbies 29 London Metropolitan Police firearms policy Nfld/Labrador remembers slain comrades 30 ODDITORIALS
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Gaining momentum to protect children 32 Community policing call for entries
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TECHNOLOGY The child expolitation tracking system
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Keeping a straight line Kids ‘n Kops mix education and fun
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PRODUCT NEWS
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NEWS CLIPS
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COMING EVENTS
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BACK OF THE BOOK 38 Canadian Human Rights Act and hate crime 3
Requirements for would-be London Police officers were simple in 1855, the year the Southwestern Ontario force was formed. Officers needed to be strong, tough, fairminded men who didn’t mind being on duty 24/7 to keep law and order in the then frontier town on the forks of the Thames River. Training was strictly ‘learning by doing’ – the force didn’t even publish an officer instruction manual until 1867; two years later pay increased to $1 a day! Things have changed dramatically since the days when officers were ‘hired by the pound;’ the London Police Service has developed into a respected, modern law enforcement service. Cst. Jeff Arbing looks back at its 150 year history, Lisa Heslop profiles the service’s innovative Family Consultant/Victim Services Unit, the first of its kind in Canada and Brian Young tells us how Project S.E.N.I.O.R. fights elder abuse. Ontario police leaders recently visited Israel to get a first-hand look at how police deal with terrorist and security threats. As Paul Shindman explains, they learned a lot on their six-day visit. A new police training initiative, the Canadian Police Knowledge Network (CPKN), promises to meet urgent training needs, keep officers patrolling the streets and reduce the time and expense of training new police, promises John Arnold of the Canadian Police Research Centre. Blue Line’s tactical firearms editor, Dave Brown, illustrates the tactical pistol reload and why doing it properly may save your life. In our regular features, Dr. Dorothy explains why working together is not always a good thing, Mike Novakowski has case law, Mark Giles tells us about the importance of well-written news releases, fact sheets and backgrounders, Danette Dooley has the touching story of a St. John’s memorial service for the four slain RCMP officers and Tom Rataj looks at the new child exploitation tracking system, developed by the Toronto Police Service Sex Crimes Unit and Microsoft Canada. MAY 2005
Blue Line Magazine
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It’s time to think about police funding by Morley Lymburner There is no greater example of the problems plaguing modern policing than the simple concept of who pays the bills. Perhaps it is time the entire Canadian policing profession takes a second look at itself and considers a complete paradigm shift. For centuries policing has been bogged down by both conceptual and financial restrictions. It has been crippled by its historical roots of being close to the community, yet trying to broaden its mandate to a level of perceptual omnipotence. The funding demons can cause considerable damage and many problems appear to have snowballed in the past ten years. Almost all federal and provincial funding is paid for by the taxes of every citizen. This provides a stable enough platform to run broad-based and large scale policing initiatives such as major investigations, forensics, highway patrol and intelligence gathering. It is also the base used for some rural and general patrol policing in more remote parts of the country. Municipal funding, other than grant money, comes from property taxes. This is the limiting factor for municipal police and the golden fleece for provincial and federal police services. Once the budgets are set, municipal police are stuck with making them work. Federal and provincial services have long seen this as a rich revenue stream; hence the hunger for contract policing. Speaking to one frustrated city police chief many years ago, I asked what funding issues may arise. She advised me that her biggest competition is the library. “I desperately need ten new officers but I have to present my arguments to city hall as to why our need is greater than a new wing on the library.” Cases were not being investigated because every officer was needed on the street simply to handle calls for service. Crime prevention and education were suffering and every day she sent up a prayer that nothing major happened. Her biggest mistake was underestimating the library department’s ability to sell council on their agenda over hers. Another chief had a tale even more dire. His department was funded by property taxes but the tax base was depressed due to regional economic downturns. Absolutely no argument could wring an extra dollar for any department. The downturn brought with it a proportional increase in crime. Idle hands being the devil’s workshop, officers were on a constant war footing dealing with domestic violence, robberies and B&E’s. An unsympathetic provincial government meant crime prevention initiatives and investigative work were out of the question. “All any of us can do is hang on for the ride and hope for the best,” he observed. Another chief once told me his job was juggling, keeping three balls in the air at all times. Crime prevention, crime detection and law enforcement needed a steady administrative arm to keep them moving. If one ball is Blue Line Magazine
dropped, even momentarily, it is very difficult to get it back into rhythm again. Complicating the issue – one of these balls were often heavier or lighter than the others. It would be nice if someone else could take at least one of the balls away, he pointed out. Everyone could work better if the load was made a little lighter, but lightening the load and getting the job done are at odds with each other at times. Not professing to have all the answers, but wanting to open the dialogue, here is a suggestion which we can put in the category of ‘blue sky’ thinking. In a perfect world, would the various divi-
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sions of responsibility work better if funded from different revenue streams? For example, crime prevention and enforcement funded through municipal tax dollars while detection and administration are financed through provincial tax dollars. Enforcement and prevention overlap and become symbiotic. Officers talking to school children and enforcing traffic laws on their adult counterparts should be a local closer-tothe-community type of function. It is nice to have these officers closely identified with the community. Seeing a local name on the shoulder of their uniform or the side of the car gives a sense of ownership that encourages a feeling of security and comfort. While the community is comforted by seeing a local cop on the beat, there is still a need to feel that major incidents will be investigated properly. Communities feel confident about police detective work when it is performed by competent, experienced and trained experts who can look at an investigation objectively, but still use the local knowledge base of the community patrol officer. Dividing funding responsibilities could remove some of the angst felt by many police leaders and also may encourage a healthier police environment with improved succession planning and professionalism. Your comments are expected.
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Proud of our past... Prepared for the future
by Jeff Arbing
To know where we are going we must first know where we are and also where we have been. The motto for the London Police 150th Anniversary is “Proud of our Past - Prepared for the Future” and embraces the philosophy behind the city’s entire sesquicentennial celebration. The City of London was incorporated in 1855 and within its first month organized a police force, with William O’Reilly appointed as its Chief Constable. The city was divided into seven wards, and a single constable was appointed to maintain law and order in each ward. The City of London, at that time, was a small town of about 10,000 people situated at the forks of the Thames River. It was a crossroads for trade in Southern Ontario and grew rapidly with the development of the region. To really get a feel for 1855 we must imagine a frontier type town, complete with mills, markets, and a blacksmith. London is named the “Forest City”, which is a moniker fitting of today’s landscape, but even more applicable in those early days. The entire region was known for its old growth forest and lumber was an important resource of the area. Horses and wagons were the vehicles of choice. The first London Police officers were strong, tough, fair-minded men who were tasked with the safety of the town. They were placed on 24-hour duty in 1856, recognizing that crime and danger did not sleep and shift work became a way of life. The first police station consisted of a small room at the back of City Hall, with a sign identifying the offices of the “POLICE FORCE.” The training of the police officers was done Blue Line Magazine
From 1855 to 1874, the London Police Station was housed at the rear of City Hall (centre of photo). - Photo, courtesy Museum London
strictly on the job. There were no police colleges or formal classes to educate the prospective law man. It was not until 1867, the year of Canadian Confederation, that the Police Force published an instruction manual to assist its new constables. The Police Force continued to grow and evolve through the years, and the officers were rewarded for their efforts with a pay raise to exactly one dollar a day in 1869. This lent truth to the old adage of “another day, another dollar.” In 1877 the Police Commission decided to admit members of the press to its meetings providing “nothing should be reported that may interfere with ends of justice”. Police forces across the continent have been grappling with the media’s definition of this statement ever since. The 1880’s continued to be a time of change for the London Police Force as it took 6
Headquarters and police court building, Carling Street, c. 1897.
- Photo, courtesy Museum London
up residence in its new home at 140 Carling Street, right in the heart of the growing metropolis. The town continued to expand and the Police Force took on the duties of policing what is now Old East London. This area was the blue collar part of town where labourers and factory workers lived. The Police Commission also came to a decision that standardized a formal retirement age of 55 for its officers. The City of London achieved some dubious fame in 1880, with the notorious case of the massacre of the Donnelly clan just north of the city, near the village of Lucan. The MAY 2005
members of this family, known to some locally as the Black Donnellys, were outlaws to many in the area and this appeared to be a crime of vigilante justice. Newly appointed Chief W.T.T Williams and his “detectives” were the lead investigators in the case. This story is an article unto itself and, in fact, numerous books have been written on the subject. For the purpose of this article, it is sufficient to say that there were charges laid but no one was ever convicted for the slaughter of the Black Donnellys. The years passed and in 1888 the London Police ordered a horse-drawn patrol wagon to assist in the transportation of prisoners. A few years later, a bicycle was added to the vehicular fleet to assist with cyclists who were speeding or riding on the public sidewalks. The modern age was fast approaching and the Force was adapting to keep up. The 1890’s were difficult times for the London Police, who lost three of their brother officers. One was killed in an accident; another was killed in a shoot-out; and the third, Constable Michael Toohey, was killed by one of the most notorious criminals in London’s history, Marian “Peg Leg” Brown. Peg Leg Brown was a native of San Saba County, Texas; a tramp who rode the rails and while on the run from the authorities in Texas, attacked a watchman for the Grand Trunk Railway in London. He was pursued by Constable Toohey, who was fatally wounded by two shots from a .44 caliber gun. “Peg Leg” Brown was tried and convicted for the murder of the officer, and in 1899, hanged for his crime. Capi-
Blue Line Magazine
London Police’s first ‘paddy’ wagon (‘Black Maria’) - 1923, driven by Sgt. John Mackey.
1923 Photo of London Police Motorcycle Squad. - Photo, courtesy University of Western Ontario
- London Free Press photo, courtesy Museum London
tal punishment was alive and well in 19th Century Ontario. The 20th Century came to the City of London and the hard work of the police officers was recognized with the granting of 14 days vacation each year. The Police Force was developing into a modern, professional organization and in 1913 the Force purchased motorized patrol wagons and a fingerprint roller. The similarities to the sophisticated police service of today were beginning to take shape. The year 1914 brought with it the loss of officers to the war effort in Europe. Today there are memorials in our Victoria Park commemorating the dedication and service of Londoners who made the ultimate sacrifice in the “Great War.” Even as the war raged on, London continued to grow, and in 1918 the Force began its six-day work week. Chief Robert Birrell was appointed in 1920 and implemented a formal school of instruction
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for his officers. A Juvenile Court was opened at City Hall and the Force opened its “Bureau of Identification” in the Carling Street Station. The London Police motorcycle squad was formed and greatly improved the speed and mobility of these officers. The organization was growing rapidly and the old station no longer suited the needs of a modern police force. Plans began on a new station, which was approved by city council, although it would be several years before it would be in operation. As it left the Roaring 20’s the Force moved into its new home at 14 King Street, and Harry Down was appointed as the Chief of the London Police Force. Chief Down was known as a tough, but fair man, demanding no more from his officers than he demanded of himself. The first fully automatic traffic lights were installed, replacing the old manually controlled traffic towers. As the 1930’s progressed London was affected, like all communities, by the Great
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Cst. Trevor Pool and police service dog Sabre.
Depression. The times of economic hardship led to the City’s cutting the pay of police officers. It was a hard time for everyone, especially the men protecting the City, whose dwindling tax dollars were being stretched exceedingly thin. Yet, the City continued to grow and society continued to develop. Police cars had to be readily identifiable, and in 1935, it became mandatory to have a green light on the front of the cruisers. The year 1939 meant that Canada was entering the Second World War and many officers were, once again, leaving their homes in defence of our way of life. The Police Commission ordered that all members of the Police Force who enlisted in the army would be given their rank and seniority when they returned from the war. In 1943, a program was started that is a very special part of the London Police history. This program was initiated by police volunteers and its aim was to aid young boys in dealing with the absence of their fathers who had gone off to war. The volunteers would engage the boys in various activities, including music, and from this initiative was born the London Police Boys Band. The Band became increasingly popular and in time had to be divided into a junior, intermediate, and senior division. All three of these divisions would eventually go on to win medals at the Canadian Championships. As the years went by, over 500 boys, some of whom still maintain social contact with the London Police, were participants in the band. This type of volunteer support by the police is typical of our profession and the type of person that it takes to wear the badge and serve our communities. The war ended and the technological boom of the 20th century gave police forces added tools to better enforce the laws and serve their communities. The London Police Force began to test traffic speeds with an electric timing device, which was later replaced with radar speed testing equipment. A new telephone switchboard was installed in the police station and the Police Commission approved the purchase of a breathalyzer machine in 1958. The 1960’s brought with them the introduction of microfilmed criminal records and the Police Commission decision that police applicants must have at least a grade 12 education. Police officers could no longer just be hired by the pound. Blue Line Magazine
Chief Faulkner, in uniform, is joined by former chiefs N. LaVerne Shipley, left, Walter T. Johnson and Brian Collins in cutting the cake at the 150th anniversary celebration, held Feb. 2, 2005. Photo by Dave Chidley, courtesy London Free Press.
In 1963, Finlay Carroll was appointed Chief of Police, and members of the Force attended the Ontario Police College for the first time. For those of you too young to remember, the Ontario Police College used to be a series of old Air Force training barracks. The site, which is occupied by the new Ontario Police College, was a World War II Air Force training base that was no longer in use. The 1970’s brought with them many changes. In 1971, Walter T. Johnson was appointed the new Chief of Police and he guided the Force as it linked to the Canadian Police Information Centre, formed a Canine Unit, a Marine Patrol, and acquired a mobile Forensic Identification laboratory. The Force moved into its current building at 601 Dundas Street in 1974, bringing with it the newly established Family Consultants Unit. This group is made up of civilians and supports the officers by assisting citizens with domestic related problems. The Unit was the first of its kind and is still a leader in its field throughout Canada. Over the years, police services from around the world have sent representatives to learn about the Unit and its mandate. The 1980’s brought with them the integration of the computer, which has revolutionized how policing is done today. N. LaVerne Shipley took over as Chief of Police and served until 1991 when he retired and left the force in the hands of one Julian Fantino. Prior to his appointment as London’s Chief of Police, Chief Fantino held the position of Staff Superintendent with the Toronto Police Service. He continued to develop the London Police Force into a modern law enforcement organization, ready to meet the challenges of the 21st Century. The Emergency Response Section was formed in 1992, to deal with increasingly com8
plex tactical and weapons related situations. The Force added a polygraph operator as well as the Community Oriented Response Unit and its mobile command vehicle. This mobile command post is capable of radio and computer integration away from the central Communications facility and can be used to direct and maintain service to the City even in the event of the main police station being evacuated. The 1990’s led to the implementation of an 800 MHZ digital trunked radio system and the eventual installation of computers in the patrol cruisers at the end of the decade. These were not mere MDT’s of days gone by, but rather, terminals that were fully interactive with the mainframe at police headquarters. The officers could access the records system, check mug shots, complete reports, and even send emails right from the patrol cruisers. Chief Brian Collins was appointed in 2002 and was instrumental in laying the groundwork for the increase in officer complement which is currently being implemented. This ongoing personnel increase followed a comprehensive business plan process and workload analysis that was completed through the recently established Corporate Services Division. This past year, 2004, was an auspicious one, with the current Police Chief, Wm. Murray Faulkner being appointed on April 2nd. The London Police Service hosted the 2004 MAY 2005
Chief Murray Faulkner, Sgt. Len Zima and the LPS heritage vehicle (1934 Ford paddy wagon). Photo by Dave Chidley, courtesy London Free Press.
Can-Am Police-Fire Games — an unprecedented success. The Service received the IACP Award of Excellence in Technology for the integration of the radio and computer systems and continues to be the model for interactive law enforcement in Canada. The Service also spearheaded the introduction of the Law Enforcement Information Portal (LEIP) project, which allows police services to share records information. At this time, 10 police services in Ontario participate to some degree, either query only or query and publishing, and there is a hook-up to the B.C. LEIP server. Requests have been received from police agencies in the Provinces of Quebec, Nova Scotia, and Saskatchewan to come on board. It is now 2005 and the London Police Service is celebrating its 150th Anniversary throughout the entire year with a series of events being organized by an enthusiastic group of volunteers. The first event was held on February 2nd and was the actual “Birthday Party” of the London Police Service and the kick-off for the anniversary year. This event was a huge success shared with past and present officers, senior officers from surrounding jurisdictions, other partners and friends. London Police volunteers have planned a series of events throughout the year, including hockey, golf, and soccer tournaments. There will be an open house in conjunction with Doors Open London, and a display of historical artifacts at Museum London that will run from July through December. An author has been selected who is hard at work producing a complete history book detailing the events that have brought the police service from 1855 to today. The culmination of the year will be the formal London Police Gala celebration to be held in October. This black-tie affair will be held at the London Convention Centre. This event will be a celebration of the police service’s history, heritage, and future. The uniform of the London Police Service represents a century and a half of pride and dedication to this community and society. At the same time that London was just a small town at the forks of the Thames River, police forces across Canada were being formed and embarking on journeys similar to the one depicted here. Policing has grown under Sir Robert Peel’s principle of “the police are the public and the public are the police.” London police officers are a part of the fabric of their communities and are actually interwoven into Blue Line Magazine
Chief Murray Faulkner, front left, shows off a special anniversary edition Ford Crown Victoria cruiser. He’s joined by, from rear left, Fred Stallaert of Ford Canada, Deputy Chiefs Tony McGowan and Brad Duncan and Ford plant manager Mark Boldin. Photo by Dave Chidley, courtesy London Free Press.
the history of the people served. Policing is a proud and noble profession, the challenges of which are ever increasing. By looking back through this history, we are better able to understand how the service arrived here today and where it is going tomorrow. Jeff Arbing has served as a police constable with the City of London Police Service for 14 years. He has served in the Uniformed Patrol Division, Criminal Investigation Division and Downtown Community Foot Patrol Unit. He is currently assigned as the Public Information and Media Relations Officer for the London Police Service. He may be contacted by email at jarbing@police.london.ca
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The evolution of community service London’s family consultant/victim services unit by Lisa Heslop While the central function of the London Police Service Family Consultant/Victim Services Unit is, and has always been, helping victims of crime and tragic events, its work has continued to evolve. It has adapted to also serve the needs of police, the municipality, changing legislation and a myriad of social issues that have arisen over the past three decades. The service first recognized the need for changes in how police handled domestic disputes in 1973. One of the major impetuses for innovation in this area was the hope that a new program would reduce the amount of time front line officers spent responding to these types of calls. Other goals were to reduce the frustration officers experienced as a result of handling repeat calls and alleviating the potential dangers to officers and families involved in domestic violence. The chief at the time, Walter Johnson, in partnership with community agencies and mental health professionals, developed the family consultant service. The first of its kind in Canada, it offered professional crisis intervention services 24/7 to individuals and families who interacted with police. The service was initiated as a civilian team of social workers operating from police headquarters to assist officers in dealing with a wide variety of mental health and social service occurrences. The process is surprisingly straight forward but has proven to be effective. • An officer responds to the initial occurrence and, using his/her judgement, requests a consultant, but only if the individual agrees.
Back row (from left): Lisa Highgate, Deborah Rome, Brian Armstrong, Kristin Graham, Lorraine McDonald Front row : Marisa Thorburn, Lisa Heslop, Gill Villanueva, Corinne Enright
• The consultant provides immediate crisis intervention services – assessing the dynamics operating in the family and solution oriented counselling. If a referral for ongoing counselling is indicated, the appropriate links to an array of community services are arranged. The unit has expanded to meet the needs of victims and families in the London commu-
nity. It also enhances the understanding of victimology amongst victim services and criminal justice professionals. Today the unit provides: 1. Clinical services for victims, families and individuals who, for myriad reasons, interact with police. More than 85 per cent of clinical work is derived from front-line police officers; the remaining 15 per cent is referred by community services or citizens. The unit responds to domestic violence, children, adolescents and youth, victims of crime and tragic events and requests for critical incident debriefing. 2. Programs for victims of specific types of crimes, such as residential break & enter, domestic violence, robbery and critical incident stress management 3. Police training 4. Representation on various committees and boards 5. Public education and awareness of victimization 6. Applied research projects Collaborative model The unit was developed as a bridge between police and community agencies and continues to operate within a collaborative model. It has a professional advisory council which meets quarterly and includes representatives from all sectors to ensure the unit remains current on trends in the community and is strategically positioned to partner on specific initiatives. The unit also invests considerable resources in sitting on various committees and
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boards of agencies whose work intersects with the London Police Service. Trends in police contact with mentally ill individuals The unit undertook a research project in partnership with the Consortium for Applied Research and Evaluation in Mental Health in 1999. Its purpose was to describe the effects of deinstitutionalization on the quality of care and life for mentally ill individuals in London. Using 1998 as a baseline year, the project tracked all contacts between the service and individuals with mental illness. The findings clearly supported the theory that mentally ill individuals had been criminalized as a result of increased contact with police. Around 60 per cent of the study population was found to have been charged and/or arrested on at least one occasion. Further, the service was expending substantial resources in this arena. These findings were presented to the 2003 OACP annual general meeting, along with a resolution to develop a training curriculum on mental illness for police officers. The OACP resolution also endorsed a lobbying strategy to ensure adequate resources for communitybased services whose mandates were to provide services at key intersection points. Locally, the London Police Service explored means of strengthening partnerships with mental health service providers. This work has resulted in many changes in the way police and the community respond to the mentally ill. The Ministry of Health announcement of annualized provincial funding for community services to address criminalization credited this research as one of the major impetuses for change. Residential break & enter program The Ontario Association of Chiefs of Police 2004 Victims Services Award acknowledged the innovative work done by the unit in enhancing the knowledge base and service delivery for victims of residential break & enters. The Victims of Residential Break & Enter program was designed to address the emotional trauma of this form of victimization and provide practical crime prevention strategies. Its goals are to assist individuals in returning to their pre-crisis level of functioning, empower them through active crime prevention and provide connections to appropriate community resources. The unit received funding from the Office for Victims of Crime in 2003 to more extensively explore the issue. This research initiative is a partnership between the London and Peel Regional police services and the Ontario Provincial Police. Results will be published on the OACP Victim Services web site in the future. Domestic violence The unit implemented a domestic violence outreach program in 2000, designed to ensure it has contact with every victim of domestic violence who was involved in a police occurrence to ensure that their needs are met. The unit works collaboratively with anti-violence agencies in the community through the London Coordinating Committee to End Woman Abuse (LCCEWA), the Domestic Violence Blue Line Magazine
Court Advisory Committee and the Muslim Family Safety Project. In 2003 the unit undertook to steer a LCCEWA project aimed at disseminating information on domestic violence to communities. The objective is to teach citizens how to identify domestic violence and help victims. Using a model similar to Neighbourhood Watch, communities are encouraged to host anti-violence events with the support of anti violence professionals. Victims of youth violence This research project is currently exploring the unique factors impacting young victims and witnesses violently victimized by a peer as they proceed through the criminal justice system.
In summary The unit has been subject to considerable evaluation to determine benefits. Families were found to be better adjusted and functioned better three years after intervention, and also demonstrated better reasoning ability and less aggression in resolving conflict. Further, behavioural and emotional problems in youth were reduced three years after intervention. Lisa Heslop worked as a social worker for the Kenora and London Children’s Aid Society, the John Howard Society and a youth counseling agency prior to joining the London Police Service in 1987 as a family consultant. She provided front-line crisis intervention services before being promoted to Family Consultant/Victim Services unit supervisor in 1999. She can be contacted at lheslop@police.london.ca.
Fighting elder abuse with Project S.E.N.I.O.R by Brian Young Elder abuse must stop being the ‘quiet safety issue’ it has been in the past. With the ever increasing population of seniors in our communities, we as a society had better start dealing with it now. It has gone on far too long and our seniors deserve better. As Mark Twain said, “wrinkles should merely indicate where smiles have been.” The London Police Service is taking a proactive approach to this problem, educating and trying to empower seniors to help stop the abuse through Project S.E.N.I.O.R. (Stop Elder Abuse In Our Region). Begun in the fall of 1999, the initiative brings together service providers and senior representatives, who work together to develop a community based and senior driven response network. Members are dedicated to addressing issues and incidents of abuse and neglect of older adults in an effort to make London and Middlesex County a place where seniors can live with respect and dignity, free from any form or threat of abuse. The three main components to Project S.E.N.I.O.R. are a steering committee, MultiDisciplinary Action Team (MAT) and Committee on the Abuse and Neglect of the Elderly (CANE). Ad hoc committees are also formed on an as-needed basis to handle issues that require specific action, planning and implementation. For example, an ad hoc committee was formed to work with the London and District Distress Centre to establish a seniors help line. The steering committee consists of seniors and service providers who are responsible for directing the general activities of the project and its sub-committees. It addresses such issues as education, recruitment, funding, and direction of the overall project. MAT consists of individual service providers (currently more than 20) who are in contact with older persons through their work. Members meet regularly to discuss cases of elder abuse and to provide support and guidance to agencies dealing with complex cases of abuse or neglect. MAT is not an agency itself but a resource tool that agencies can use. CANE has responded to calls about senior abuse and neglect for more than 14 years 11
and acts as a teacher, presenting and developing educational programs and material on abuse and neglect to the public. It recently worked with Project S.E.N.I.O.R. to present a ‘senior empowerment day’ for seniors and those who care about them. More than 260 seniors attended; unfortunately another 100 registrants had to be turned away due to lack of space. Held at the London Public Library, the free event featured two short plenary sessions where an 83 year old woman acted out nine elder abuse vignettes, helping to illustrate the reality of abuse faced by many seniors. There were also break-out sessions on such topics as fraud and investment scams, home safety tips, CPTED (Crime Prevention Through Environmental Design), power of attorney and wills, dementia, capacity assessment, long-term care, library services and safe driving for seniors. An elder abuse seminar project hosted nine days later attracted 62 police officers from three services and 50 members of various seniors agencies. The day was broken into four sessions; the first dealt with the dynamics of elder abuse, covering topics such as definitions, types of abuse, indicators, causes and impact. The second session covered victimology, including reasons why victims do not respond, confidentiality concerns, victim needs (safety, security, shelter and medical), effective response, inter-agency cooperation and referral. The third session covered the role of the Office of the Public Guardian and Trustee, along with information about relevant statutes and powers of attorney. The final session featured a video depicting four elder abuse scenarios, including one with a multi-disciplinary team approach to resolving the situation. This was followed with a question and answer period to clarify any concerns and ensure all participants were aware of all the services available to them. The two sessions gave some 400 people important information about elder abuse, how to recognize it and what services are available to help deal with it. Participants were encouraged to pass this information on others, raising awareness about the problem throughout the community. Brian Young is an inspector with the London Police Service’s Court and Communications Branch. He can be reached at byoung@police.london.ca or 519-661-5655.
MAY 2005
by Paul Shindman JERUSALEM - When Osama Bin Laden speaks, how seriously should Canadians listen? If threat turns into reality, do we have the tools and techniques to handle the drastic changes that might be imposed on our law enforcement agencies? That was one of the questions senior law enforcement officers and top public officials from Ontario had on their minds during a fact finding mission to Israel in March. The chilling detail that the world’s most wanted terrorist has Canada on his agenda seems to have slipped from the minds of most Canadians, but is very much in the thoughts of the police and those responsible for public security. “I think everyone certainly has been worried since 9/11 that there’s a possibility that North America could be hit again by a terrorist act,” said James Young, the top advisor on emergency preparedness for the federal Ministry of Public Safety and Emergency Preparedness. “I think the tapes that we’ve seen from Bin Laden, including the one naming Canada as one of the six countries (to be attacked), increases that risk. I’ve heard multiple experts say it’s likely to be a question of when, not whether we face some terrorist act somewhere in North American and, unfortunately, Canada is part of that package.” Blue Line Magazine
The six-day visit was led by Ontario Community Safety and Correctional Services Minister Monty Kwinter and senior members of the Ontario Association of Chiefs of Police. Also on the trip were former Toronto chief Julian Fantino and Ontario Police College director Rudy Gheysen. Fantino is now Commissioner of Emergency Management for Ontario, the position previously held by Young. The chiefs got the opportunity to share information with defense officials from the country often perceived of as a center for terrorist attacks. “I thought it would be a wonderful opportunity for them (the chiefs) to see first hand what a policing environment is in Israel because they could learn a lot from it,” Kwinter said. Fantino was blunt about the information gleaned from the Israel police and said that everything is applicable in Ontario. “We are no less insulated from either a natural emergency or a man-made emergency like terrorism and the aftermath,” Fantino said. “I think we’re all realizing that we’re all subject to the same kind of impacts. You learn very quickly how the authorities here prepare and have been preparing and how they are able to deal with an emergency once one happens.” The chiefs and experts all agreed that the trip was an invaluable way to get ideas, network and become more aware of potential issues. “It’s a perspective that you can’t get un12
less you are actually here and dealing with police officers and professionals who have lived it,” said Greater Sudbury Police Chief Ian Davidson. Gheyson found the trip to be “quite a learning experience... “It gives an opportunity to have a better understanding of the culture but also to look at some very unique ways in handling some very difficult issues, both from a social standpoint but also from a training aspect.” The Ontario Police College has a counterterrorism program, but Gheyson said he wasn’t in Israel specifically for that. “We just wanted to have a look and see what some other parts of the world are doing,” Gheyson said. “As good as we think we may be at certain things, we also recognize that there are people out there who are a lot better. We need to make sure we look at all the ways of doing something and take the best of the best and apply that to what fits Ontario.” Gheyson echoed the views of many chiefs that Ontario is part of a changing world and law enforcement officials have to be prepared for any eventuality. “I think any time any profession can have a look outside the box, it can only improve what we’re doing.” Far from going over existing knowledge, many of the Canadians said there was simply far too much new information during the trip MAY 2005
to figure out what had direct application for each of them. The intensity of the Middle East environment was most evident during a briefing by a commander of one of Jerusalem’s bomb squads. Long a target of suicide bombers, police have several units stationed in the city and can often handle over a dozen calls an hour – more than most Canadian bomb units would generally see in a month. With a grisly slide show as a backdrop, the commander described the protocol for responding to an attack where the police sapper is the first to board the bus and must search through the bodies and debris for any unexploded devices. Only after his all-clear can paramedics enter and treat any non-ambulatory wounded. He must be conscious the entire time of both preserving evidence and keeping his professionalism intact. The commander described how he once boarded an exploded bus to find the police station’s long-time cleaning woman dead in one of the first benches. She had been on her way to the station when a suicide bomber detonated himself. Despite his shock, he had to check her and another dozen victims. Hamilton Chief Brian Mullan was puzzled as to a suicide bomber’s motives to push the button and cause intense destruction. At the end of the bomb squad briefing, he volunteered to try on an explosives-packed suicide bomber’s vest. His first impression was the destructive power an individual has; “It’s not an easy task to strap that on and it’s not an easy task to walk into a crowded place or a situation where
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Police Chief Robert Herman of the Thunder Bay Police Service trying on a suicide bomber's explosive belt during a seminar given by the commander of a Jerusalem bomb squad unit.
you know you are going to create carnage,” Mullan said. One of the personal puzzles Mullan wanted to solve was understanding the commitment of an individual suicide bomber. “To get to the point where they’re strapping something like that is extreme and for somebody
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to do that is not normal. What they have had to endure to get to the point that they’re going to commit such an act must have been extreme,” Mullan said. Chiefs from smaller communities were surprised to also find common ground with their Israeli counterparts. Israel’s national police force is divided into regional and local commands and Owen Sound Deputy Chief Frank Elsner said he was especially interested to learn how Israelis deal with post-traumatic stress and what lessons he could bring home to help both his staff and citizens. Elsner said he met Israeli counterparts from small communities the same size as Owen Sound. “Some of the ideas, the way that they structure their volunteers (for example), I think we can use back in our home communities and that’s one of the things we’re going to look at.” A surprise angle to the trip was the positive feedback the Israelis gave about Canada. The Canadians were whisked to a juvenile prison for a three hour visit after getting off the plane. “Right from the first minute we walked in there they (the Israelis) started talking about the similarities between Israel and Canada and how they use a lot of our methods in the prison system,” said Durham Deputy Chief Charles Mercier. The next day the officers traveled to the disputed Golan Heights, where they met Canadian peacekeeping troops who enforce the cease fire between Israel and Syria. Canadian troops have helped keep the peace and provide law enforcement there since the 1970s.
MAY 2005
you look at it in “We rethe context of ceived notificayour own countion through the try and your military that our own province law enforcement and that’s exagencies are actly what we’ll very well redo,” Boniface spected by both said. sides,” Mercier “What will said, adding that be really imporDurham Police tant on the trainSgt. Paul Nadeau ing itself is the has been in Jordialogue that we dan since Januneed to take ary training Iraqi place as execupolice recruits. tives in terms of The chiefs Ontario Police Chiefs in Jerusalem what we need also had a brief- From left to right: Nishnawbe Aski Chief Wesley Luloff, Dryden ing with Cana- Chief Shayne MacKinnon, Greater Sudbury Chief Ian and how we unda’s ambassador Davidson, Windsor Deputy Chief Gary Smith, Michipicoten- derstand all the to Israel, Donald Wawa Chief William Rose, Sault Ste. Marie Deputy Chief complexities of the issue of terSinclair. Mercier Robert Kates, North Bay Chief Paul Cook rorism and, of indicated that course, there’s no better area to learn about it should there be progress in the peace process, than here.” there may be a request for police officers from Boniface said the mission related to the peoCanada to come and teach Palestinian police ple of Ontario. “Obviously, an understanding officers Canadian methods in law enforcement. of the issues in the Middle East is important to “I think we have a good (law enforcement) a very diverse population we have in Ontario.” foundation in Canada and people are looking “It is a very small global village at the to Canada to take that home to their communiend of the day in policing and anywhere you ties,” he said. “It’s a very high compliment to can learn and understand other parts of the our Canadian law enforcement.” world is a great gift you give back to your The packed itinerary also included briefown location.” ings and demonstrations from experts in coun“I continue to make an endless list of how ter-terrorism, forensics, psychology and powe can take back understanding in our spelitical analysis. The Jerusalem itinerary incialized units in terms of the way work is done cluded visits to police national headquarters, here at the executive level. Understanding training base and the Hadassah Hospital some of the issues facing all the people in the trauma center, where most terrorism victims Middle East – it will be very important from from the region are taken for treatment. The top to bottom in the (OPP) organization.” hospital regularly runs drills for different sceNone of the participants thought that the narios, including mass terrorist attacks and constant barrage of attacks Israel experiences biological/chemical warfare. would be duplicated in Ontario, but most exOntario Provincial Police Commissioner pressed satisfaction that they had been able to Gwen Boniface described the trip as a “pheexperience the Middle East up front and see in nomenal opportunity” to learn and said her Isperson the issues they’d only get from the news raeli counterparts had been very candid. in Canada. “We’re here to learn about other parts of The Bin Laden tape was released in 2002 the world and how they deal with the issue of and nobody had any illusions that terrorists terrorism. Of course, when we go back home, have a short memory or that Canadians might be immune from attack. “The one thing you learn is that we are all vulnerable and we’re all having to today plan for the unthinkable and hopefully be prepared to manage the after effect of an emergency,” Fantino said. “It’s something that we’ve been doing more since 9/11 certainly, but public safety is always a work in progress.” Fantino noted that Ontario residents shouldn’t look at the chiefs visit to Israel as a sign of things to come. “They should be comforted knowing that we are very much in tune with learning, with improving, developing new skill sets,” Fantino said. “If it’s predictable, it’s preventable, so our mission, our job, our responsibility is to do everything we can to prevent an emergency from happening, if that can be done, and be well prepared to manage one in the event that it does. These are very important lessons for us.” Paul Shindman is a freelance journalist working on assignment for Blue Line Magazine. Blue Line Magazine
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Attorney General Michael Bryant announced Ontario’s pit bull ban and other amendments to the Dog Owners Liability Act will go into effect on Aug. 29, followed by a 60-day transition period. Ontario became the first province in Canada to pass such a ban on the breed, which requires owners of existing pit bulls to have them spayed or neutered, leashed and muzzled while in public, and to comply with additional requirements set by municipalities. The ban contains a grandfather clause to protect dogs already in the province, and those born in the province within 90 days that the law takes effect. Owners of dangerous dogs are subject to fines of $10,000 and a jail term of up to six months. Legislation giving police the power to seize vehicles of johns who solicit prostitutes is problematic because the law is under review by the transportation department, Alberta Solicitor General Harvey Cenaiko said. No vehicle has been seized to date since the bill was passed in legislature two years ago. A supporter of the law, Transportation minister Lyle Oberg says his department is wrestling with the constitutionality of seizing people’s vehicles. Demanding action on the issue, civic leaders in Alberta voice that a similar law in Saskatchewan has withstood a constitutional challenge. Oberg says he hopes to have a solution “very soon.” BC Solicitor General Rich Coleman said 19 officers drawn from the RCMP and municipal forces will form a new police unit aimed at monitoring sexual predators when they get out of prison. The unit, known as the Integrated Sexual Predator Observation Team - or I-SPOT, will monitor offenders and step in if they violate their parole or seem likely to re offend. The unit will also work closely with parole officers and victims’ assistance workers. Police caught sexual predators breaching their release conditions within hours during pilot projects. Inspector Keith Davidson, the officer-in charge of the RCMP Behavioural Sciences Group, will head I-SPOT. William Blair, Toronto’s acting deputy chief of police, was named the city’s top cop last month. He will replace former chief Julian Fantino, who vacated the post in March after a five-year tenure. “I have always been impressed with the quality of our people,’’ Blair said following the announcement by the Toronto Police Services Board. Blair, who has served with Toronto police for more than 28 years, acknowledged he faces several challenges, including accusations of racial profiling and allegations of corruption within the force. He said he will respond with “unflinching honesty and determination.’’ Yvan Delorme was sworn in as new Montreal chief last month and at the age of 42 is one of its youngest police chiefs ever selected. After his swearing-in ceremony Delorme told reporters he’d rather be in the chief’s job for a while before giving his thoughts on some of the bigger issues he faces, like racial profiling. He stated he plans to go through a period of consultation with his officers, politicians and various community groups before setting priorities.
MAY 2005
Working together not always better by Dorothy Cotton It’s rare these days for someone to promise they will provide whatever resources you need to get the job done – but that’s just what happened recently to my friend Sergeant Preston (okay, that’s not his real name – I made it up to protect the innocent, observe confidentiality and all that). Preston took the time to sort out exactly what needed to be done and concluded it would take him about 12 weeks to do it, working alone. He co-opted two constables to help and rashly figured the three of them could get it done in a third of that time; after three weeks of work, it became clear they were nowhere near half done. He borrowed two more bodies but the job still ended up taking six weeks. What’s with that? How could he have misjudged so badly? Sometimes the whole is not greater than the sum of its parts – sometimes it’s less. The fact is that the more people you have doing something, the less work each does. Two people don’t work twice as fast as one. Many of us have long suspected this – groups are generally not very efficient. This phenomenon, called ‘social loafing,’ refers to the tendency of individuals to expend less effort when working collectively than when working individually. A classic example: you hold a tug of war and ask three people, individually, to pull as hard as they can. Then you have them work together, still pulling for all they’re worth, but quickly discover that the group pulls only 2.5 times as hard as one person. Eight people will pull only four times as hard as a single person. The same thing happens if you ask people to clap as loudly as they can. One person makes 3.7 dynes per sq cm; two people, working together, produce just 2.6 dynes each. That drops to 1.8 each for four people and 1.5 for six. I must confess that I have no idea what a dyne is but the message is clear – as soon as there are others involved, productivity per person goes down the toilet. There are a variety of explanations for this. For one thing, there’s less accountability. When a group works on something, it’s hard to tell who’s responsible for what, so it’s easier to slack off and get away with it. There also tends to be less personal investment in the final product. If my name – and my name only – will be on something, then I am going to make darn sure it looks pretty good and will definitely give it my best shot. If I have to share the glory, however, then I am not so invested. I might also slack off because I feel others are slacking off. I’m not going to really put myself out if I feel the others aren’t also pulling their weight. Of course, some people are more prone to social loafing than others. Curiously, those who view themselves as superior are the most likely to work at less than full steam – they regard other group members as less productive than they are and feel they shouldn’t have to work harder than the others. Independent people and strong individualists also do worse, for simiBlue Line Magazine
lar reasons. All-male groups tend to engage in more social loafing than all-female or mixed groups. Again, it seems to be related to how you view yourself; strong individuals and those who feel they’re unique, individual, superior or special are less likely to commit to the group or see themselves as part of it. Women tend to be more group-oriented than men and focus on interrelatedness; they are more concerned with the overall project instead of their particular situation. There are also cultural differences. People who come
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from backgrounds that value collectivity and group enterprises suffer less from social loafing than do the highly individualistic members of Western cultures. So, short of doing everything yourself, what can you do to make a group work more efficiently? If you have a choice, pick your group members carefully; choose people who are invested in the project and the group, not those whose primary goal is to show how special they are. Everyone likes to be a little special, but they also need to be accountable. Try to give specific assignments to group members – rather than telling ten people to build a house, put Ben in charge of purchasing, Fred in charge of carpentry, have Laura see to the plumbing and Fernando take care of the interior decorating; that way it’s harder for any person to hide behind the others and easier for each to feel ownership and pride in his or her own work. It’s easier to hold people accountable if they know right up front how their contributions are going to be assessed. Of course, you could also ask all potential group members to bring in their kindergarten report cards and pick the people who have gold stars in the ‘plays well with others!’ column. You can reach Dr. Dorothy Cotton, Blue Line’s psychology columnist , at deepblue@blueline.ca
MAY 2005
E-learning technology Police training within budget, on-line and on time by John Arnold A new national police training initiative has been launched that meets the urgent training needs of the police community, keeps more police patrolling the streets and reduces the time and costs associated with training. This initiative, known as the Canadian Police Knowledge Network (CPKN), compliments police services existing training strategies by incorporating e-learning (web-based training and operational support tools) as a key component. Everyone knows that training is costly and almost impossible to provide on an “as needed basis.” Statistics indicate that this challenge will become more complex in the near future with significant turnover expected and almost 40 per cent of current front-line officers with less than five years experience. With such trends emerging, more cost-effective training strategies are required. Staff Sergeant Steve Pilote of the Winnipeg Police Service (WPS) Training Academy shares similar concerns: “Providing essential training while operating within current budgets continues to be one of the biggest challenges that many police organizations face. Many police organizations, including our own, are looking for ways to enhance and improve training opportunities while managing costs.” CPKN’s objective is just that: to increase training opportunities on a national level while helping police services reduce costs and save resources. According to Staff Sergeant Lonnie Schubert of the Edmonton Police Service (EPS), “the value of CPKN is that it allows for the sharing of police related knowledge from coast to coast.” CPKN is currently working with EPS to develop e-learning courses on Hate and Bias Crime Investigation and Methamphetamine Labs. These courses will be available to a national police audience through the CPKN portal. Following a meeting of Canadian police officers in March 2004, there was strong support to form an organization to serve the computer-based training needs of the law enforcement community. Thus, the National Research Council, Justice Knowledge Network and the Canadian police community, formed a strategic alliance and created CPKN. As a not-for-profit organization, CPKN works with Canadian police services to develop and deliver high quality, interactive and cost-effective e-learning products. CPKN offers eight e-learning courses with an additional eight currently in development. Those registering for an e-learning course are also given free access to the more than 30 Blue Line Magazine
e-working tools offered by CPKN. These tools, which are designed to help increase job productivity and further develop skill sets, include resources such as various job aids (first responder checklists) and operational support tools (search warrant templates). CPKN is governed by its Advisory Board, which is comprised of prominent members of the Canadian police community. Vital for CPKN’s success, the Advisory Board provides the necessary link between CPKN and the police community by determining their training priorities and helping to identify relevant subject matter experts. Utilizing the resources of police experts is a key philosophy of CPKN. “The bonus aspect of CPKN courses is that they are designed by police officers for police officers,” says Patrol Sergeant Lisa Prior of the WPS. CPKN works in collaboration with Canadian police services and related organizations to develop its e-learning and e-working products. Some of these organizations include the RCMP, WPS, EPS, Cape Breton Regional Police Service and the Atlantic Police Academy. CPKN also has arrangements with selected third party organizations to deliver their training through the CPKN portal. P/Sgt Prior understands the potential for e-learning. “You can certainly reach a much larger population base of your membership to give them level training so everybody is on the same playing field and in addition you can deliver this program several times a year to your membership so that everybody is trained.” P/Sgt Prior, along with Detective Constables Darren Skomoroh and Rick Sharma, are the three subject matter experts from the WPS involved in the development of the Domestic 16
Violence Investigations Course. With more than 2200 domestic violence investigations under their belts, the WPS trio provided the expertise on investigating domestic violence cases. Working with CPKN, they transformed this knowledge into a dynamic e-learning course available to all Canadian police officers. “The rich graphics, the multimedia, really brought this course to life. And the interactive pieces certainly hold the learner’s interest from start to finish. It’s that aspect of this course that really impressed me,” noted Prior. CPKN’s e-learning courses provide first response training for missing children cases and chemical, biological, radiological and nuclear attacks. They also train front-line police officers on how to properly investigate and manage cases that deal with sexual offences, electronic crimes, hate and bias crimes and collision investigations, as well as training on the Niche Records Management System. A complete course catalogue is available at www.cpkn.ca. In addition to very specialized training courses, CPKN also offers courses that aid police officers with essential job tasks. Investigative Communications is one such course. “It’s a comprehensive course that teaches police officers the fundamental skills essential to interviewing witnesses, victims and suspects in criminal investigations, and to obtain a statement that is acceptable to the courts and crown attorneys,” explains RCMP Corporal Dwayne Kelly, one of two subject matter experts who helped develop this course. “With e-learning we can mitigate some of the traditional training expenses and redirect them into either developing other courses or other operational MAY 2005
activities.” RCMP Staff Sergeant Phil Scharf also provided his expertise for the development of the Investigative Communications course. According to S/Sgt Scharf, the benefits go far beyond anytime and anywhere access. “It allows us to eliminate some of the time that would be spent in the classroom but the online course also allows coaches, mentors and supervisors access to the same material, allowing them to continually update themselves or mentor their candidates immediately.” The prices of CPKN products, which range from $50 – $125 per user per year, are determined by using a cost-recovery model. As a not-for-profit organization, CPKN merely seeks to recover its costs of development, with the remaining revenue allocated to the collaborating organization. CPKN continues to explore new partnerships to develop future e-learning products. Collaborating organizations are compensated for the resources that they provide, being allocated a portion of the revenue generated from the sale of the course. Organizations interested in collaborating with CPKN can find out more by visiting: www.cpkn.ca. CPKN officials recently visited a number of police services in Ontario to raise
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awareness in that community. During these visits, significant interest was expressed toward e-learning, with most police services indicating that they are preparing to incorporate it into their training strategy. Comments and discussion focused on improving access to training opportunities without sacrificing quality or human resources, as well as reducing the time and costs of traditional classroom-based training through both blended and stand-alone e-learning courses. Further discussions with Ontario police services and others from all across Canada will generate the best approach in addressing local, provincial and national training initiatives. e-Learning in general and CPKN specifically cannot be the panacea for training challenges, but there are huge roles for them to play in helping meet the needs of police organizations. Police services, including the Cape Breton
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Regional Police Service (CBRPS), are beginning to take advantage of this exciting and promising initiative. Chief Edgar MacLeod (President of the Canadian Association of Chiefs of Police) strongly supports e-learning. “We (CBRPS) are working with CPKN to develop two e-learning courses because I believe in the value of e-learning and the positive impact it will have on my members.” Plug into e-learning today. To try a demo or to get more information regarding CPKN and its products, please visit: www.cpkn.ca 1-866-357-CPKN John Arnold is the Chief Scientist of the Canadian Police Research Centre (CPRC). He has spent more than 25 years working with police organizations from across the country undertaking technology research and development efforts in support of the Canadian police community, ensuring the best possible resources are made available to police and related organizations in a cost efficient and timely manner.
MAY 2005
The pistol reload illustrated by Dave Brown Nothing can prepare for that sudden drop in the pit of your stomach the first time your pistol slide locks back and the threat hasn’t yet been stopped. Whether you survive the next few seconds is going to depend heavily on how much you have prepared for this instant. When done correctly, a good reload can be accomplished smoothly and unconsciously in fractions of a second. When things go wrong, it can take the rest of your life. Practicing is as necessary as practicing drawing and marksmanship. Those experienced in martial arts sometimes say that it takes upwards of a thousand repetitions before a basic technical skill becomes an unconscious reaction in an emergency. Unless you do a lot of training, a good portion of those thousand repetitions will have to be done on your own. Plan for the inevitable A reload becomes necessary when the sidearm is shot until empty, jams or fails to fire. If the release is bumped hard enough, even a full magazine may drop and nothing happens when you pull the trigger. You need to go into immediate action mode NOW. Amazingly enough, few officers who’ve been in real gunfights report hearing more than soft ‘pops’ when they fire. This is known as auditory exclusion and is a self-protection mechanism. The brain disconnects parts of the ear to protect against permanent hearing damage in extremely life-threatening situations. People who’ve survived serious car wrecks often report hearing only a series of hard bangs, but not the noise bystanders, even those blocks away, say sounded “more like an explosion.” This means you’ll never be able to count rounds during a gunfight; a reload can be prepared for, but not planned. Reloads can be done with the slide locked back or forward. A slide-forward reload is used to top-up a pistol during a momentary pause or if there’s good cover. A slide-back reload is necessary when the handgun is shot ‘dry.’ In competition shooting, a locked back slide is considered a sign of poor planning, but it should form the bulk of your practice. Terminology may differ among agencies, but I consider there to be four types of reloads: speed, tactical, top-up and disabled. Speed and tactical reloads A speed reload is done when there’s an immediate need for a fresh magazine; a tactical reload is a speed reload done after moving behind cover or kneeling. It’s always a good idea to add use of cover to your practice sessions by ducking to the side behind a barrier or dropping to a kneeling position. This reload begins on recognizing, either through pulling the trigger with no result or a sudden change in the sidearm’s balance, that the slide is locked to the rear. It should be performed from waist level, allowing you to keep your eyes on the threat, so the first step is to lower the sidearm while depressing the magazine release with the shooting hand. It may be Blue Line Magazine
tempting at first to push the magazine release with the weak hand, but with a little practice, it soon becomes natural to punch the button using only the thumb (if right handed) or the trigger finger (if left handed.) New shooters become concerned that their thumb doesn’t comfortably reach the magazine release while in a shooting grip. This is not unusual, as it would take some pretty monster hands to do so. It’s placed there purposely so you don’t inadvertently depress it while shooting. While the shooting hand lowers the handgun toward the waist level, it should also rotate slightly on the grip, allowing the thumb to come into good contact with the button (photo 1). Left-handed officers often find it easier to depress the magazine button with their trigger finger because they don’t have to shift their hand on the grip as much as right-handed officers. They also always have their finger out of the trigger guard while reloading, while us right-handers have to be yelled at a few hundred times before we remember. On the other hand, left-handed officers need to be much more conscious of the exposed magazine release on the outside of their holster, and soon get into the habit of tugging the bottom of the magazine on a regular basis to be sure it is still seated, especially after bumping into something or when getting in or out of a vehicle. Reach for a spare with your weak hand while punching out the old magazine with your strong hand. Some agencies teach using the weak hand to tug out the old magazine first 18
and then reaching for the spare. Magazines can stick and this is a good practice, even if you know yours always drop free. Once the weak hand has retrieved a fresh magazine, it only has to move a little to reach the well. The best single tip I can offer is to index the forefinger up the front of the magazine, with the tip almost touching the nose of the first cartridge. This helps steer the magazine into the well and reduces the reload time substantially (photo 2). The pistol should be canted slightly at upper waist level and the magazine simply follows the direction in which your finger is pointed (photo 3). With a little practice, this step can be performed without taking your eyes off the threat. Once the magazine enters the well, the palm is perfectly placed to follow through by slamming the base into the frame (photo 4). This is not the time to be tentative; I have seen many a shooter fire only one round following a too-gentle reload and then experience a sudden failure-to-fire because the magazine was not seated all the way. Once the magazine is seated after a slideMAY 2005
back reload, the slide must be pulled slightly to the rear to release the stop and then be allowed to slam forward. While some makes of pistols have large stops, allowing them to be pushed down to drop the slide, I never recommend this because a loss of fine motor skills in life-threatening situations may suddenly leave you without any feeling in the fingers or able to push down the slide stop lever. The best method is to use an overhand grasp on the back of the slide and tug straight back (photo 5). This minimizes fine motor skills and the need for any finger feeling. You simply grasp the slide, pull straight back and then let go. Be careful not to let the hand follow the slide forward – let the recoil spring do the work. The handgun is designed to chamber the round using its force and any attempt to ‘help’ it merely reduces the force and can lead to jams.
trigger finger (if right handed) or the thumb (if left handed). The slide is already locked back, so the pistol can be placed anywhere that holds it firm and leaves the empty magazine well exposed – into a belt or backwards in the holster, for example (photo 7). The good hand pulls out a fresh mag, slams it into the well, tugs the pistol out and chambers the first round by pushing the slide against a hard corner of a belt or boot, for example, or brushes the slide hard against your leg. It’s not fast and certainly not pretty but CAN be done. Disabled reloads should only be practiced after proper instruction and with direct supervision. The gun will be pointed toward places it’s not normally pointed, and there’s a chance of ripping clothes or cuts from the sights.
Practice makes perfect Practice disabled reloads once or twice just to prove they work. Speed and tactical reloads should be practiced as often as other basic skills; we’re attempting to reach one thousand repetitions for this to be an automatic response. You would think 16 or 18 rounds in the modern semi-auto would be plenty, but having rounds to waste can sometimes mean exactly that. Each needs to count and it takes practice to ensure a fresh magazine is only seconds away if they don’t solve the problem. The key is to slow down a bit on your reload, work on all the details and remember, it is not practice that makes perfect; it’s PERFECT practice that makes perfect. Dave Brown is Blue Line’s tactical firearms editor – e-mail firearms@blueline.ca to reach him.
Top-up reload This is completed with the slide forward and done if action pauses and you want to replace a partially depleted magazine with a fresh one, saving the partial for possible future use. Often referred to as an ‘exchange-and-save,’ though some agencies call it a tactical reload. The first step is to get behind cover and then FIRST remove the fresh magazine from the pouch. Clamp it in the weak hand between two fingers, then use your weak hand to grasp the bottom of the partial magazine between two other fingers and depress the magazine release. Because the forefinger is not indexed up the front of the magazine like the speed reload, it can be difficult to steer the full magazine into the well. To accomplish this smoothly, simply lift the gun off the top of the partial magazine and then lower it onto the full one (photo 6), putting the partial clip in a convenient pocket for possible future use – NEVER back in the magazine pouch. The disabled reload The one-handed reload is among the most difficult to practice. Do it slowly and carefully; it MUST be done only after proper instruction, with a high regard for muzzle direction and trigger finger discipline. This skill doesn’t need a thousand repetitions. Once or twice is likely enough to condition acceptance that a serious, arm disabling injury will NOT prevent you from responding, which reinforces the survival mentality. If the handgun runs dry while using only the weak-hand, depress the release with the Blue Line Magazine
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MAY 2005
Detaining and searching fleeing passenger lawful by Mike Novakowski A passenger fleeing a traffic stop is an important factor in assessing whether reasonable grounds to detain exists, Nova Scotia’s top court has ruled. In R. v. Cooper, 2005 NSCA 47, police tried to stop a vehicle to check compliance with Nova Scotia’s motor vehicle act when it sped off and made several hard turns to evade officers. The occupants bailed out as it travelled down a dead end street, bailed and fled on foot. Cooper ignored commands to stop, fled and hid in an apartment building foyer. A pursuing officer found, handcuffed and walked him out into the presence of other officers for safety. A protective safety search turned up a butterfly knife in his pocket. Cooper gave a false name and was charged with numerous weapons and other offences. Cooper was convicted in provincial court of possessing a weapon for a dangerous purpose and public mischief. The trial judge, relying on the Supreme Court of Canada’s judgment in R. v. Mann, 2004 SCC 52, ruled that his Charter rights had not been violated. She found his detention wasn’t arbitrary because the of-
ficer had reasonable grounds to detain him when he fled after the driver tried to elude police. The judge held the officer would have ignored his duty to prevent crime and protect property if he hadn’t chased him, and the handcuffing, removal and safety search were all proportionate to the officer’s duties and justifiable. Furthermore, the pat down search wasn’t unreasonable under s.8 of the Charter. As such, there was no reason to resort to the exclusionary provision of s.24(2). Cooper appealed to the Nova Scotia Court of Appeal, arguing there was no basis for the investigative detention. He submitted that only the driver could be implicated in resisting the traffic stop; as a passenger, he wasn’t connected. Since there was no basis for his detention, he contended the trial judge erred in holding there were no Charter breaches. The breaches could result in excluding evidence – the knife and the false information he provided. Justice Fichaud, authoring the unanimous judgement, dismissed the appeal. He first recognized that there is no general power of investigative detention, but rather a limited one. A common law investigative detention involves a two prong test; first, police must have reasonable grounds to detain the individual – this requires more than a hunch, but less than reasonable grounds to justify an arrest. There must be a clear nexus, or connection, between the detainee and a recent or current offence.
The second prong of the test requires “measuring of the circumstances of the detention against the practical requirements of the officer’s performance of his duties.” Reasonable grounds to detain Police intended to conduct a traffic stop to check general compliance, which is lawful under s.83(1) of the province’s motor vehicle act. When the vehicle fled, they had a reasonable basis to conclude that there had been an offence under s.83 – resisting a traffic stop. As well, police were lawfully executing their duties and justifiably concluded that an offence under s.129 of the Criminal Code – resisting a peace officer – had also been committed. Justice Fichaud noted Cooper was merely a passenger who did not press the accelerator nor steer while the vehicle evaded police. If only the driver had fled and Cooper had done nothing implicative, there would have been no reasonable grounds to detain him. However, he opened the car door, bailed out and ran through backyards to elude police. His conduct provided officers with “an objective basis to suspect (he) was connected or implicated in what the police reasonably believed to be an offence of resisting a signalled traffic stop.” As Fichaud noted, “this is not a case of police using a general power of detention to satisfy their curiosity.” Proportionality Police duties include preserving the peace, preventing crime and protecting life and property and the officer’s pursuit and detention were within the scope of these duties. Moreover, based on Cooper’s conduct, it was prudent for the officer to handcuff him, preventing his further flight. It was also prudent for the lone officer to remove Cooper from the apartment foyer into the presence of other officers before dealing further with him. The search A non-consentual, warrantless search is prima facie unreasonable unless the Crown can rebut this presumption by demonstrating it was authorized by a reasonable law and carried out in a reasonable manner. At common law, a search can be conducted incident to a lawful investigative detention if it is conducted for officer safety reasons – not to locate evidence. The trial judge did not err in ruling that the search which located the butterfly knife in Cooper’s pocket was genuinely a protective search – the officer testified he was searching for officer safety. In Fichaud’s view, “the frisk of (Cooper) and seizure of a prohibited weapon clearly is within the police entitlement to ‘go about their work secure in the knowledge that risks are minimized to the greatest extent possible.’” The search was lawful as an incident to detention and did not violate s.8. The false name Cooper gave did not follow any breaches under s.8 or 9 of the Charter, therefore there was no basis for excluding this evidence. The appeal was dismissed. Visit www.blueline.ca/resources/caselaw for the complete case. E-mail caselaw@blueline.ca to reach Mike Novakowski.
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MAY 2005
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MAY 2005
Properly packaging the news Well-written news releases, fact sheets and backgrounders set the stage by Mark Giles Experienced law enforcement officers know that a well-written report is often the first step in explaining enforcement actions to senior management, professional- standards units and other stakeholders. With public and media relations, a well-written news release, sometimes supplemented with a fact sheet or backgrounder (one-to-two page document providing background information) often sets the stage for more favourable media coverage or the effective management of an issue. Well-written news releases, fact sheets and backgrounders help the reporter do his or her job and can significantly reduce the workload of the media-relations officer. Designed to provide information to the media in a succinct, standard and easy-to-read fashion, they can be useful, especially when used in conjunction with some basic rules. News releases The news release lays out the basic information, to alert the media to a story your agency believes is newsworthy. Starting with the most important information first, the news release provides as much detail as possible in a brief fashion, ideally not more than one-page in length. A well-written news release is normally produced on appropriate agency letterhead, uses Canadian Press (CP) style, and includes a short, accurate title, supplemented by an attention-getting lead paragraph designed to cover the five W’s (who, what, where, when and perhaps why) of the issue. A good lead is designed to capture the editor’s attention. The most important information goes in the lead paragraph, generally 25 - 33 words in length, followed by the next most important information and so forth. If an editor needs to edit, he or she should be able to cut information from the bottom up.
Key messages should be written into the text and sometimes a quote from a senior or other official is appropriate. The quote usually contains the most important key message your organization wishes to get across. Although reporters write the story in their own words, with a bit of luck and a busy reporter with a tight deadline, portions of the news release, including quotes, are sometimes used as is – especially with print media. Contact information must be included with a news release to allow reporters to clarify details and get quotes for their story. Decide in advance who the spokesperson(s) will be, and whether media will contact them directly or via the media-relations office. The earlier in the day that a news release is distributed, the better – for a couple of reasons. Media organizations try to plan their activities in the morning. Although they are usually quite flexible, given the nature of the news business, sending out a news release late in the day limits the time available to cover the story, and lessens the chance that your story will get covered. Late-day releases are sometimes used for exactly this reason – as part of a strategy to reduce the chances of media coverage, especially with bad news that may tend to put the agency in a negative light. This is a risking strategy though, as it can lead to the perception that your agency is being less than transparent and, therefore, reduce your credibility with the media. If circumstances do require a late-day release, ensure that the contact information includes cellular phone numbers or other means of contacting the spokesperson(s) after hours. Late-day releases without this information will only frustrate reporters and may result in inaccurate coverage, highlighting other sources and their version of events, and references to your agency as being unavailable for comment. Backgrounders and fact sheets A backgrounder is used to supplement a news release and should provide relevant background information to help a reporter write the story. They are not necessary in every case, but work well with more complex issues where reporters are likely to need additional infor-
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mation to properly cover the story. Adding a backgrounder can save mediarelations staff or other spokespersons considerable time in explaining facts, organizational structures, systems and other information relevant to the story. With issues involving the military justice system for example, especially joint investigations between military and civilian police, a backgrounder can lay out the jurisdictions, roles and responsibilities of each agency, and allows the reporter to ‘cut and paste’ information directly into the story. The backgrounder allows you to provide information that is more detailed, without limiting the effectiveness of a short, succinct, wellwritten news release. Once the news release has caught the editor’s attention, providing the most important facts and information, a backgrounder can provide further information on your organization, other contributing law enforcement agencies, relevant case histories, etc. The backgrounder can exceed one page if needed, but should be well organized and an easy read. Fact sheets are a form of backgrounder, but generally contain a list of facts and figures relevant to the subject at hand. They work well with news releases announcing equipment purchases, detailed investigations or other activities where accurate statistics or specifications are necessary to cover the story. Balanced use News releases should only be issued for stories or events you believe are newsworthy. Sending out news releases for trivial arrests, charges or other events will reduce your ability to capture the media’s attention when you really need it. Although this strategy is sometimes used by organizations trying to bury a negative story, it can reduce your credibility with the media in the long term. On the other hand, for large-scale arrests or events that are sure to attract significant media attention, a news release and backgrounder alone may not be sufficient. In these cases, consideration should be given to holding a news briefing or conference to ensure that all important information is provided to major media outlets at the same time. The practice of media relations is not an exact science, but the application of some basic principles will increase the impact your organization’s news releases, backgrounders and fact sheets have on the media, and ultimately the public. Ensure they’re well written, issued in a timely fashion, and that wellprepared spokespersons are available for follow-up media queries, and you will increase your credibility with the media and the chance that the positive aspects of the story will appear in television, radio and print coverage. Captain Mark Giles is the communications director for the Canadian Forces Provost Marshal, National Investigation Service and Canadian Military Police Association, based at National Defence Headquarters in Ottawa. E-mail: giles@blueline.ca
MAY 2005
Canadian evidence law in a nutshell (second edition) Written by: Professor R.J. Delisle Queen’s University Published by: Thomson Carswell Toronto, 2002 Reviewed by: Gilles Renaud My recent book reviews have focused on the Charter of Rights, search warrants, police investigations and, in light of the recent enactment of the Youth Criminal Justice Act, restorative justice for juveniles. It would therefore be of assistance now to draw attention to the law of evidence, an alwaysdifficult area of police work. In this respect, I commend the second edition of Professor Ron Delisle’s excellent text, Canadian Evidence Law in a Nutshell. This focused discussion is organized into six chapters, beginning with “Basic concepts,” by way of “Manner of proof,” and concluding with “Excluding evidence for purposes other than truth.” The fundamental rules of the admission and rejection of evidence are explored in great detail. There’s an excellent review of the rules governing the admissibility of testimony in chapter three. Delisle, the author of many books on evidence, procedure and criminal law and a former editor of Criminal Reports, offers the novice police witness an exhaustive road-map of the methods of advancing testimony, from using notes as a memory aid to the question of the possible means of impeaching evidence. The veteran police officer will draw much needed guidance on a number of thorny issues, including protecting complainants in sexual assault trials from inappropriate questioning and the mechanisms for substantiating prior identification by a witness at the police station or crime scene. The discussion on expert witnesses will also be of great assistance to police officers called by the prosecution to testify in areas such as accident reconstruction, criminal profiling and drug possession for the purpose of trafficking. Although this book wasn’t written for police officers in particular, it contains up-to-date, practical and persuasive instruction on the law of evidence that all investigators should consult prior to testifying for the first time. It’s also valuable prior to testifying in any complex case involving anticipated challenges such as the use of notes and the introduction of real evidence such as photographs and documents. It’s a mistake to assume that it is the sole responsibility of the prosecutor to ensure that the rules of evidence are respected during courtroom testimony. Blue Line Magazine
Inquiry drops all 60 complaints against police VANCOUVER (CP) - An RCMP investigation has cleared the Vancouver police department of almost 60 complaints, including alleged torture, kidnapping and assault, the city’s police chief said at a press conference on March 31. An angry Jamie Graham slammed the group which launched the probe, saying the Pivot Legal Society pressured the RCMP to investigate alleged police misconduct between May 2001 and May 2003 by using slick tactics to draw media attention to its cause. “They managed to leverage this coverage by putting pressure on the Office of the Police Complaint Commissioner to force an investigation that would eventually span 18 months and cost more than a million dollars,” Graham said. “On top of that, the Vancouver police department spent an estimated $200,000 and three to four months doing its own probe of the ‘libelous and slanderous’ charges.” Pivot, an activist group for drug addicts, prostitutes and the homeless in Vancouver’s gritty Downtown Eastside, produced 56 sworn affidavits from people who said they were illegally searched, arrested on insufficient grounds and mishandled by police. “The evidence simply does not exist to substantiate these alarming and irresponsible allegations,” Graham told a news conference. “Both the RCMP and the Vancouver police investigators concluded there was not a single case of criminal activity by a Vancouver police officer, not one,” Graham said.
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“I find it very disturbing that this protest group purposely chose to make these far-fetched accusations with little or no evidence to substantiate them.” Pivot produced a glossy magazine with sworn affidavits from victims, but that doesn’t mean what they said was actually true, Graham said. Graham maintained that while the department welcomes civilian oversight, Pivot manipulated the system with its own political agenda. “More than a million dollars in costs were billed to the taxpayers and irreparable damage was done to the reputation of this department and the morale of the fine men and women who serve this city.” Graham did point out that two investigations revealed the department had some problems with administrative procedures, although he blamed a shortage of officers. The department is taking immediate steps to deal with the issues, he said, adding the probe showed that two officers searched a drug suspect’s knapsack without sufficient grounds and that three officers submitted insufficient duty reports. In two separate incidents, six officers didn’t follow policy in handling people arrested on criminal breach of the peace, Graham said. Lack of compliance in notetaking and report writing was also a problem, he said. The department will create a focus group to address the issue and has asked the Office of the Police Complaint Commissioner, administered by the RCMP, to participate.
MAY 2005
Lenses - sex trade and the law Unintended outcomes of decriminalization and legalization contacts. They are usually not isolated and thus when an assault, rape, or murder occurs, police can gather information, protect the victim and solve the crime. Crimes committed against sex workers are difficult to solve because of the lack of family contact, few known friends and no employment history, among other factors. The longer a person is in the trade, the greater the isolation. Children are also isolated because they often possess false identification which indicates they are adults. They can also be influenced by a pimp who romanticizes the lifestyle and makes it appealing to a child already going through issues at home.
by John K. McKay Every discussion about the sex trade has been based on the lens through which the trade is viewed, coupled with the current notion that decriminalization or legalization offer the only solution to the problems with this business. Without a clear understanding of its many aspects and characteristics, clarity is not possible; the unintended outcomes of moving towards decriminalization or legalization must be considered. Homeowners who encounter the trade in their neighbourhood balk at the needles, used condoms and noise. Business people decry the negative effect on their trade. Advocacy groups condemn the criminalization of sex workers. People who aren’t affected point to its legalization in Europe and call for red light districts. Health and addiction groups push for harm reduction and, in doing so, promote decriminalization. Poverty action groups tend to focus on the street-level trade because it’s populated by people who need food and shelter. The feminist lens sees women who cater to the needs of men and discourages them from attending feminist meetings because they may be seen as the enemy. The sex trade is seen as immoral through the moral lens. In the case of police, the lens is complaint and enforcement driven. Canadian and US police agencies have pushed sex workers out of residential areas into day-populated, industrial areas. This hasn’t made them more safe and has historically done little to protect the community from the trade’s negative aspects. Unique characteristic Isolation differentiates this trade from any other workplace. No aspect should be discussed or decision made without a clear understanding of how this factor, which has never been broached by the pro-legalization or decriminalization camps, affects this business. Sex workers are isolated at every level – from their families, because they have either been disowned or hide the truth from those who
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care; by addiction and poverty; by pimps and drug dealers, who use violence and intimidation to control them. The off-street trade are isolated by members of organized crime, who use every means to control and traffic women, and by large corporations which make pornography, who keep them in a lifestyle that alienates friends and family. The sex trade is extremely violent and workers do not report even the most horrendous crimes committed against them. This is because pimps and drug dealers pressure women not to report crimes to police and police have been traditionally engaged in complaint-driven enforcement against sex workers. Crimes police do learn about are detected during unrelated investigations or by third party reporting. While the isolation factors of violence, addiction and poverty are still present, isolation caused by organized crime is much more prevalent. Organized crime groups already traffic in women here and do so with impunity in Europe and Asia. A victim in a traditional workplace can be traced through employment, family, last known whereabouts, friends and
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Effects of prohibition While prostitution itself is not illegal, communicating for its purposes is, as is keeping a common bawdy house, etc. These laws are viewed as repressive against sex workers trying to earn money for food and shelter, but also as a necessity to maintain public order by bringing offenders to court. One of the often forgotten aspects of a prohibitive law is that it enables police to intervene in a direct way with a subculture that is extremely isolated and victimized. Police intervention is important because they are primary responders for people who need assistance. Believe it or not, police and sex workers have common ground – predators who rape, rob and murder sex workers; clients, pimps or drug dealers, for example. For the street-level worker, only the police are on the street in the middle of the night and will summon medical aid, make referrals to an advocacy group and conduct follow up investigations. In the case of a homicide, police records will likely be used to identify a deceased sex worker. Recent contacts of the deceased and known associates and addresses will provide investigators with leads – records which are available because the worker breached the law in some respect and was checked, identified and or arrested. They wouldn’t be available if the trade is decriminalized; police don’t routinely check workers in legalized work places.
MAY 2005
The law as it now stands, in conjunction with the courts, provides police with a method to get sex workers off the street and into treatment or social and legal programs. In other words, the law as it now stands offers protection because direct intervention through criminal investigation is possible. The current laws are not seen by all sex workers as completely repressive. “On balance, do you want a criminal record or do you want to be dead?” asked one. The law gives police reason to identify, investigate and ultimately protect sex workers who don’t have the normal contacts of family, a safe job and recent and reliable contacts. Police presence and lawful intervention can reduce isolation and thus provide a better balance of protection and enforcement. Unintended outcomes The outcomes with the current legal status and what various advocacy groups tell us will be the intended outcomes of decriminalization are known. The first unintended outcome of decriminalization will be organized crime and big business obtaining a stranglehold on the people involved. Organized crime already runs the off-street sex trade – outcall services and massage parlours – and large entertainment conglomerates control pornography. Organized crime and big business will control every aspect of the sex trade. The second unintended outcome will be increased isolation. Rapes, murders and assaults already caused by isolation will only increase. Most complaints are already made by third parties or by police investigations of unrelated events. No agency will be able to intervene in abusive situations or know where to start a murder investigation in a completely isolated workplace run by fear and fuelled by addiction and poverty, where no law exists to control it. In some cases, there will be legalized slavery of women. A third unintended outcome is that free trade in the business will not occur. The person who wants to run their own place of business will be taken over by big business or organized crime. Before we end the debate The pro-decriminalization and prohibition groups have loudly presented their arguments, which are based on their own views of the sub-
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ject and do not include the unintended outcomes of decriminalization or continued outcomes of the current status. Seeing the issue clearly is only possible by rising above this level of understanding. All possible outcomes of maintaining the status quo, decriminalization and legalization must be understood. Rather than decriminalization, perhaps the laws need to be reworked to achieve a balance between protection and enforcement with this unique community. Without law that prohibits some types of behaviour, police cannot intervene directly
with a community that is defined by isolation. Ultimately, a law must be created that protects the community and enables police to directly intervene and protect sex workers from predators. Let us not rush in to a course of action before seriously considering all the outcomes.
WINNIPEG — A videotaped police statement by Erron Hogg, whose aggravated assault conviction sparked debate over conditional sentences cannot be broadcast, a Manitoba judge ruled. CTV’s request to broadcast the taped statement as part of a national report was turned down by Justice John Scurfield of Court of Queen’s Bench because it is in violation of the man’s privacy rights. In a case of mistaken identity, Hogg, back in 2001, hit Michael Marasco over the head with a car club that left the man with permanent brain damage. In the taped interview, Hogg describes how he hunted down and viciously assaulted the innocent victim. Scurfield had handed Hogg a conditional sentence of two years less a day which allowed him to remain free in the community. Last year however, the sentence was overturned by the Manitoba Court of Appeal and was replaced with a four-year prison term. “Broadcasting technology has the power to dramatically magnify the invasion of Mr. Hogg’s privacy,” Scurfield wrote in his decision. “It will project his voice into the living room of his friends, acquaintances and neighbours in a manner that is exponentially different from the coverage that followed his sentencing.” Hogg argued that other criminal suspects might be dissuaded from giving statements or confessions on video, if it was known the footage had the potential to be broadcasted in this manner. Scurfield accepted the argument, noting Manitoba judges have put increased pressure on police to videotape all statements because
of several recent cases which were dismissed in court when this didn’t happen. “Real officer safety issues could flow from the broadcast of videotapes that include images of the interrogator,” the judge said. “Cynical police officers could use the potential broadcast of the videotape as a tool to divert suspects from the videotaping process. “Last but not least, there is the natural reticence of some suspects to have statements depicting shameful moments in their lives broadcast on television.” In his findings, Scurfield said it was the first time in Canada where this issue has come before the courts.
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Vancouver Police Department Insp. John McKay is in charge of Vancouver’s Downtown Eastside, known as Canada’s poorest community. He’s the 2004 winner of the International Award from Women and Cities for developing an innovative program to keep sex workers safe. He can be reached at john.mckay@vpd.ca.
*** OTTAWA — Federal officials seized more than four thousand items from international mail over five years, according to a newly obtained report from Citizenship and Immigration Canada. The document says 4,116 seizures took place from 1995 to 2000, with figures being compiled from databases kept by intelligence sections in Vancouver, Winnipeg, Toronto and Montreal. Among the items seized were fake passports, document forgery tools and fraudulent credit cards with reportedly many of them coming from China. Federal legislation allows authorities to pluck items from international mail and courier streams that may be used to forge documents or bypass immigration rules. The information was recently obtained by Vancouver immigration lawyer Richard Kurland, who had requested the report and other relating documents three years ago, under the Access to Information Act.
MAY 2005
Making your opinion matter in court How police officers can become qualified as ‘drug experts’ by Wayne K Jeffery, Stephen G. Price & Darrel Gyorfi Those called to give expert or opinion testimony in court must be impartial – and always seen to be impartial. Although usually called by the Crown, their expertise is also available to the defence. An expert is like a hired-gun in a ‘B’ western – their opinion is based on professional, scientific and observable facts which don’t change and aren’t affected by the party which calls them to court. An expert does not choose who their opinion harms or helps. In the courtroom context, an expert is a witness who has acquired special or particular knowledge about a specific area through study, experience, reviewing scientific works and/or practical observation. They are allowed to give an opinion in court about evidence – the speed of a vehicle, for example, or the physical condition of an individual who may have been impaired. A drug expert seeks to be qualified to state their opinion in relation to one or more of the following issues: • Personal use or possession for the purpose of trafficking • Prices and packaging • Methods of use • Trafficking methods • Production and importing methods • Structure of organized crime groups • Criminal financial structure • Money laundering methods Once an expert has obtained the required experience and specialized knowledge from courses, training and working in the field, they prepare a curriculum vitae (CV), which counsel reviews to determine if, and to what extent, to accept or challenge their opinion. The CV is the story of your life – knowledge and experience relevant to the area of expertise under consideration. It sets out education, training and experience and includes a statement as to the final level of formal education, an outline of relevant court experience, articles published and training presentations given. You normally begin with basic biographical data, work experience, postings and training. Our preferred method is to start with the oldest and move forward in time to show the growth in experience and training. An individual may be capable of being qualified in more than one area, and may have several different forms of a CV, each aimed at a specific or limited area of expertise. A drug expert, for example, would list operational undercover training, drug investigative techniques, drug recognition expert, clandestine lab investigators, surveillance proceeds of crime and human source (informant) management courses. Ongoing seminars, lectures and workshops conducted or led by recognized subject matter experts and important work experience should also be listed if appropriate. These may deal with specific drugs or problems such as ‘diala-dope’, grow-ops and clan-labs. Take advantage of any opportunity to further your trainBlue Line Magazine
production or manufacturing outline/grow schedules and, where possible, relate to specific photographs to demonstrate your point.
ing or assist in presenting a seminar or workshop – and list it on your CV. Seek out and read or review any scientific or professional literature that has some bearing on your chosen fields – and don’t limit yourself to ‘police professional’ articles. Include counter culture articles and magazines and don’t forget or ignore the Internet (bearing in mind the reliability or lack thereof). Particular articles that you believe to be relevant should be copied and held for reference as you continuously read, search and update your knowledge base. Preparing an expert opinion report (will-say) Bear in mind that, while we and the courts call it a ‘will-say,’ the term is not a truly appropriate description. A will say is a factual description of an investigators’ observations or involvement, but what you are really preparing is a statement of your opinion and its basis. The fundamental step is to lay out a basis for your opinion – the facts you rely upon. This simple statement should list any and all circumstances, facts, documents and exhibits that you have had or sought access to. Your opinion must be based on admissible evidence that will be presented, or that you expect to be presented, to the court. This will include: • The report to Crown counsel (RTCC), including any statements made by the accused and a review of investigator notes, including observations of the accused and the circumstances of the arrest or search • Exhibit reports • Photographs of the exhibits and search • Certificates of analysis If you met with the investigators or have personal knowledge of some of the facts or defendants in question, this must be acknowledged. Your statement in a given case should set out the specific facts, observations, exhibits, photographs or other items that have a specific bearing and directly impact your opinion. You should briefly review any other exhibits, information or items that have relevance to your opinion. Specifically note items that could contradict your opinion and explain why it still stands. Also explain your interpretation of the exhibits and any documents, such as score sheets, 26
Testifying in court Always bear in mind that your attendance as an independent expert separates you from the investigators; you should always be prepared to consider and comment on defense theories. Be prepared to either adjust or defend your opinion in the face of spirited questioning by a defense motivated counsel. You must know the case and evidence very well; if you are not sure of something, research it before appearing in court. Always appear professional – it is not enough to come to court prepared to explain, defend or justify your opinion; you must also show respect for the court and the process. One of the toughest problems police witnesses or experts face is how to respond to questions that you don’t know the answer to. The question is often asked in a manner that clearly implies you should know the answer, but no one can know everything. You must be prepared to say “I don’t know.” Here’s a few simple rules for expert witnesses: • Crown should identify you as the expert to be called in the case and request the court allow you to sit in and listen to the evidence provided by the investigators. Ensure that your opinion is supported by the admitted evidence • Crown counsel has a limited ability to lead or induce you to answer. In that situation, you should begin your evidence with an explanation and flow seamlessly into presenting your opinion • Keep your opinion within your experience • Keep the answers reasonably short to allow the Crown to gently direct you. Crown counsel is making an entire case and may reinforce other elements not adequately explained by the investigators • Candidly explain your opinion and the facts supporting it • Keep your written opinion in front of you to ensure that you cover all elements • You are interpreting the evidence based on your experience and knowledge, not making the case • Never underestimate the ability of any counsel to see the trees and miss the forest. Ensure you present your basic opinion early in your evidence • Listen to and ensure that you understand the question during cross examination or while defending your opinion. If you don’t understand or if there is more than one question, ask for an explanation or which question you should answer. Remember that you are impartial • If you understand the question, then answer it, not the question that you think should have been asked. Sometimes a stupid question deserves a stupid or direct answer • If there is a series of questions, don’t anMAY 2005
swer the next question in the sequence until it is asked • Don’t ramble. Once you have answered a question, wait for the next. Don’t assume that because you would ask another question, someone else will or should When possible, try to stay in court for the decision and sentencing. It will provide you with an opportunity to hear the judge’s comments regarding your evidence and his/her opinion of your presentation. It also indicates to the court that you are interested in following the matter through to a conclusion. As well, if there is a conviction, it will ensure that the court is aware that all parties are interested in the outcome. The court’s opinion of your presentation of evidence will become part of your experience and help you to better understand the process. Consider this in future preparation and presentations, but do not tailor your evidence to some perceived ‘good’ or ‘proper’ result. The RCMP provides the necessary information and specific training for this type of qualification as part of the “E” Division Drug Experts Course and in similar training within other divisions. It’s also offered by municipal police forces. About the authors: Wayne K Jeffery; B.Sc .(Pharm), M.Sc (Pharm) is former section head, Toxicology Services at the RCMP’s Vancouver forensic laboratory and now a toxicology and drug consultant. Sgt. Darrel V. Gyorfi works in the RCMP E Division human source unit in Vancouver. Stephen G. Price; BA, LLB, is a standing agent for the federal attorney general and a former constable with the RCMP K Division.
I will be traveling up to Ontario in May, Manitoba in August and British Columbia in two years. Although we have HR218 which allows all active duty, qualified police officers to carry their weapons coast to coast, I will have to (and already have for May and August of this year) contact agencies near the Canadian border in order to secure and leave my firearm. As a Canadian native I will state that it’s time Canada reviewed their laws regarding handguns and law enforcement officers. The individuals manning the border (on your side) need to be armed. Other agencies (Ontario’s Ministry of Transportation officers on patrol on the highways) need to be armed. Officers need to be able to carry their weapons off duty; just in case they happen upon one of those wonderful members of the community they’ve had the pleasure of detaining. This is the year 2005; times have changed. If we can trust an officer with his duty gun on duty, we should be able to trust him with it off duty as well. Just my 2 cents worth. Constable J. Allen, Fire Marshal, Irmo, South Carolina *** Accompanying your story on correcting media errors (“Important issues are worth fighting for: Correcting media errors sometimes the
best option”), I’m confused about the news excerpt from CP and the national post that’s included with the story. (the excerpt is about the RCMP Commissioner retracting his statements about the grow-op link to the murders in Alberta.) Because your story is about correcting errors made by the media, why was this news excerpt included with your story? The media did not err in the reporting of this particular story. But using it in your article suggests they did. The story is about Zaccardelli saying he was too quick to make the link. Perhaps the editors of Blue Line were responsible for including this news excerpt with your story. Either way, I don’t think its inclusion was appropriate. It only confuses your argument. Otherwise, I enjoyed reading your article. Thanks, — Name withheld Publisher’s Response Yes indeed it dosen’t fit. Somehow when we were laying out the publication we remembered this clip was going to be included in the magazine on another page. A far too quick a decision (by me) was made to include it with Mark Giles’ article that, as noted, says the opposite or at least is a poor example to the story. Sorry for any confusion.
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Ontario police officers recognized for bravery The Ontario government has recognized 10 police officers for bravery with the presentation of the 2003 and 2004 Ontario Medal for Police Bravery. The award is the province’s highest honour in recognition of police officers whose actions demonstrate outstanding courage and bravery in the line of duty. “It’s a great honour to acknowledge the bravery and courage of police officers... who put their lives at risk daily to keep our communities safe,” Community Safety and Correctional Services Minister Monte Kwinter said. “Ontario is a better place thanks to their dedication and heroism.” An independent body of citizens representing all areas of Ontario determine recipients of the medal, which was created in 1975 and has been awarded to 164 Ontario police officers. 2003 Ontario Medal for Police Bravery recipients
Cst. Randy Whittaker Cst. Douglas Cowell Chatham-Kent Police Service
In March 2003, Whittaker and Cowell were advised by motorists that a serious headon collision had just occurred. They unsuccessfully tried to extinguish the fire that was threatening to engulf both vehicles and used brute force to rescue a man and a woman trapped in the wreckage as the flames grew in intensity. Despite the imminent risk of an explosion due to leaking gasoline, they managed to pull the occupants to safety, saving their lives.
Cst. Paul Hanton Cst. Ronald Deli Toronto Police Service
In April 2003, the Toronto Police Service Marine Unit was called to assist Peel Regional Police with a capsized vessel at the mouth of the Credit River. Two police officers were stranded on the vessel’s hull in very dangerous weather and lake conditions. Hanton and Deli proceeded with great professionalism and bravery in hazardous conditions to rescue their colleagues and tow their vessel. No one was injured thanks to their composure and courageous actions. O’Byrne was on patrol in October 2002 when a passing motorist advised him and his partner that a building was on fire. He requested assistance after arriving at the scene and then entered the building to warn residents, first leading two out to safety and then re-entering to guide anCst. David Allan O’Byrne other two to safety Ontario Provincial through smoky halls Police, Picton Detachment and intense heat. He made a third attempt to enter the building but was kept out by heavy smoke. Sixteen residents were safely evacuated as a result of his heroism.
Early on August 15, 2003, Whitesell noticed smoke coming from the second floor of a residential building while on routine patrol. After calling for firefighters and more police, he entered the building, without any protective clothing or breathing equipment, to warn the residents. His heroic efforts Sgt. William Whitesell saved the lives of 11 Windsor Police Service residents, including a three-year-old child. No one was injured during the blaze except Whitesell, who was treated in hospital for smoke inhalation. 2004 Ontario Medal for Police Bravery recipients
Cst.Michael Macdonald
Cst.Mark Piché Waterloo Regional Police
Cst.Michael Simons
In early June 2004, MacDonald, Simons and Piché responded to a house fire. Working as a team, they tried repeatedly to find and rescue two occupants. Crawling on the floor through intense heat and smoke, they managed to rescue one, while the other was rescued by the Kitchener Fire Department. The constables put their own lives at risk to save others.
Cst. Christopher Garrett (posthumous award medal presented to his widow, Denise Leblanc) On May 15, 2004, Garrett responded to a robbery call. The caller alleged that he had been robbed. Garrett sent other officers to look for the alleged thief, leaving him Cst. Garrett alone with the caller, Cobourg Police Service who then allegedly ambushed and fatally stabbed him. Although seriously wounded, Garrett was able to pursue his attacker. His extraordinarily heroic actions saved the lives of other police officers and citizens. Blue Line Magazine
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Arming the bobbies The London Metropolitan Police’s firearms policy by Scott Villers North American police officers have the comfort of knowing they can defend themselves and the public from armed criminals and similar threats and quickly summon heavily armed tactical units to back them up. British police encounter similar threats from armed criminals but most officers do not carry sidearms. The London Metropolitan Police offers one example of how a normally unarmed British police service responds to criminal activity involving firearms. Historical background Sir Robert Peel founded the Metropolitan Police in 1829 and intended officers to be unarmed, however the service did purchase 50 flintlock pistols for situations which required guns. The service remained without sidearms until 1884 when, following the murder of two unarmed police, it was decided officers in the outer London divisions would be permitted to carry pistols on night patrol. This practice was discontinued in 1936, although pistols continued to he held at police stations, available for deployment if required. There were few incidents involving the criminal use of firearms post war and this period is seen as a golden age for the service. Criminals murdered three unarmed detectives in 1966, which led to the evolution of modern day firearms policy for the Metropolitan Police. The first step was forming a firearms unit, known as D-11, which trained selected officers on the use of guns. The service saw a marked increase in crimes involving firearms by both criminals and terrorists through the 1970s and ’80s, and the policy evolved as the threats continued. The national Association of Chief Police Officer sets guidelines for deploying and using firearms which must be followed by all British police services. Currently about 2,000 of the 30,000 Metropolitan Police officers are qualified to use firearms, and they are attached to specialist units which require deployment as part of their duties. The largest number (900) carry out VIP protection duties for diplomats and the royal family. The remaining armed officers are assigned to airport security, criminal intelligence, serious and organised crime group and the service firearms unit, SO-19. SO-19 currently has 400 members and supports front line divisional officers when they face threats from firearms. Armed support is offered in two forms: • Armed response vehicles, which were first introduced in 1991 to allow immediate response to firearms threats to the police and public. Up to 11 vehicles are deployed on the streets of London at any time, 24 hours a day, Blue Line Magazine
365 days a year. Each is crewed by three officers armed with 9mm Glock pistols, which are the primary firearms of the service. Two MP-5 carbines are also carried in a sealed gun case in the rear of the vehicle – these are semiautomatic versions of the MP-5 machine gun, the standard weapon of most North American tactical units. Special Branch Protection officers use a fully automatic, shortened version of the MP-5, but only with specific ministerial authority. The Remington 870 shotgun is used to deploy specialist munitions and humanely destroy animals. SO-19 rifle section officers use Steer SSG sniper
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rifles and Heckler and Koch G-3K rifles are also available for close containment. Vehicles will deploy to any scene requiring an armed police presence at divisional level. There has been a marked increase in deployments in the past few years, from 842 in 1997 to 13,394 in 2002. •Specialist Firearms Teams, a SO-19 sub unit deployed to deal with hostage or siege situations. The 50 members are divided into teams of seven officers, each under the command of a sergeant. They provide the most specialist response to firearms incidents and are trained by the British Army’s Special Air Service. The Metropolitan Police have attempted to maintain a balance between the traditional public view of British police officers as unarmed and the need to quickly deal with threats posed by armed criminals. Firearms policy has evolved over the last 40 years from a limited capability to respond to threats to the current specialist structure, which can deal with armed criminals and terrorists. This response to a dangerous problem is unique but has shown to be a workable solution. Scott Villers has served with the Toronto Police Service since 2000.
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Newfoundland and Labrador remembers slain comrades by Danette Dooley As a steady stream of somber faced police officers walked in double file up the middle isle of Mary Queen of Peace Church in St. John’s, a voice of hope for the future rang out. “Hi Daddy! Hi Daddy!” Leah Pomeroy, 4, called out, her small hand cupped as she stood on the pew at the back of the church. The greeting was directed to her father, RCMP Cst. Wayne Pomeroy, who filed in with his comrades. Leah was among hundreds of men, woman and a handful of children who came to the church March 10 to pay tribute to RCMP Csts. Peter Schiemann, Anthony Gordon, Lionide Johnston and Brock Myrol, all gunned down near Mayerthorpe, Alberta. Twenty-eight-year old Gordon was the father of a young son and never lived to hear the first cry from his second baby, which wife Kim is now carrying. Leah signed her name in one of the four books of condolences placed at the rear of the filled-to-capacity church. It wasn’t on the dotted line, like all the other signatures; instead, she proudly printed LEAH and LUKE (her sixmonth-old brother), just before the service began. The books, along with others placed in RCMP detachments throughout Newfoundland
or other law enforcement agencies across Canada,” he said. The four slain Mounties were young men in the prime of their lives, he said, with so much hope and so many aspirations for the future. “They were brothers, sons, husbands, fathers and friends to so many people. Only now, in tribute, would they know how important their lives and what they did were, in the lives of so many Canadians, both near and far,” he said, standing next to their portraits. Lynch thanked the people of Newfoundland and Labrador for their words of support, compassion, sympathy and condolences, noting that over Photo: Danette Dooley the days, months and years ahead, the ultimate sacrifice these Mounties have made must not be forgotten. and Labrador, were sent to the four slain “May God grant them and their families Mounties’ families. peace, knowing that we grieve with them.” RCMP Assistant Commissioner Gerry Retired Royal Newfoundland ConstabuLynch’s tribute to the fallen was as emotional lary (RNC) staff sergeant Larry Peyton was and passionate as Cst. Steve Conohan’s solo among those present; his son, a young RCMP performance of Morning Has Broken and Cst. constable serving in the Hanna, Alberta detachKevin Corbett’s instrumental performance of ment, less than a four hour drive from ‘The Last Post.’ Mayerthorpe, attended the Edmonton service. Although Mayerthorpe, Alberta is a long “When the news broke, Larry was at his way from Newfoundland, noted Lynch, “they detachment and I got a call from his wife were part of us... telling me about it,” he recalls. “I made con“Mayerthorpe could have been a small tact with him as soon as I could. Like everytown anywhere in Canada and the members one, he’s heartbroken but coping, knowing killed could have been anyone of the RCMP that this is a part of the profession. When you put on your uniform to serve and protect, you come second and the people you look after come first.” Peyton says police officers throughout the country are grieving, regardless of the colour of their uniform. “A police officer is a police officer, it doesn’t matter what badge you wear or rank you are. A copper is a copper, that’s the bottom line.” Rev. Reg Frampton, who led the service and has been an RCMP chaplin for more than a decade, said one word summed up the tragic death. “Devastating. It’s been just devastating because they’re all like one big family and when something like this happens to a police officer, everybody feels very, very badly about it. It’s just like a member of your family is gone.” RNC Cst. Georgina Short, president of the Newfoundland and Labrador Police and Peace Officers’ Memorial Association, was also on hand for the service. “I believe in my heart that our loved ones are with us in spirit and I feel it comforts them to see us carrying on with our lives. We cannot know why some things happen, but we do know that love and beautiful memories outlast the pain of grief… I also believe it is acceptable to lean on others during difficult times. We will take this journey together.” E-mail dooley@blueline.ca to reach Danette Dooley.
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Five-year-old Murphy Smith, subpoenaed as a potential witness in a murder case, wasn’t doing any talking to Arkansas prosecutors— albeit maybe a little barking. The prosecution sent out subpoenas to anyone who had come into contact with Albert Smith, who is in jail awaiting his murder trial. What they didn’t realize was that “Murphy” was in fact, the man’s dog. The animal’s name was placed on the witness list after the defendant had written a letter to his dog from his cell. Prosecutors realized the mistake after the defendant’s brother brought in “Murphy” to answer the subpoena. Although prosecutor Robin Green was apologetic to the brother for the mix-up, she thought the dog was friendly enough and probably would have been a very cooperative witness. Albert Smith is accused of the shooting death of his ex-wife’s boyfriend. *** A South Carolina law requiring pot dealers to buy tax stamps has become a popular trend for collectors. When the law was enacted a decade ago, it was to enable authorities to prosecute drug dealers as tax cheats. While dealers have stayed away, collectors have been keen to buy the stamps, which shows a pot leaf and the image of the state with a circle and red stripe through it. A sticker costs three and a-half dollars, however, more expensive stamps are available that feature other illegal drugs. State officials say none have been sold.
Gilliland, 53, was indicted by a Florida grand jury in 2001 in an offshore investment scam and was free on $750,000 bail while awaiting the start of his extradition hearing in B.C. Supreme Court on May 2. Brian told reporters he was among those caught in the $29-million fraud. “I befriended him, I wanted to set him up and take him down,” Brian said. Gilliland, a Sarnia Ont., native, had taken his money and moved to Canada four years ago. He had an upscale, waterfront condominium in Vancouver, fancy clothes and was very wealthy. Brian, was someone Gilliland confided in and told him about his ongoing investment scams. He also told Brian he was working on a plan to flee Canada and the extradition hearing and was audio taped mentioning destinations such as Belize, Chile, Venezuela or Brazil. Nine months into their relationship, was when Brian suggested the two go for a ride, have lunch and look at some real estate. “Basically I nicknamed him the king of the coupons because he loved two-for-one specials. That was my inside.” Gilliland is facing a possible 10-year prison sentence in Florida. In addition, a judge approved a default lawsuit judgment against him for $17 million US last year. ***
“Liquor-filled chocolates” was an excuse offered by a Newfoundland man caught drunk driving. Apparently, he ate too many of them. The excuse wasn’t exactly bought by a judge, who sentenced 67-year-old Allen Bottomley, of King’s Cove, to six months in jail. Faced with two separate DUI charges from last year, Bottomley’s blood alcohol level was approximately twice the legal limit on both of those occasions, RCMP say. Constable Tony Seaward says Bottomley also had three previous convictions for impaired driving and his licence is now suspended for eight years. Seaward says it doesn’t matter how you consume alcohol, it’s still impaired driving. *** An erratic driver pulled over by deputies in St. Charles County, Missouri was found dressed as a frontiersman. The driver told them he was headed west to deliver blankets and supplies to the Indians. Upon searching the vehicle, Deputies found an assault rifle with a fully loaded clip, handguns, ammunition and other weapons, along with a large amount of marijuana. The driver was taken into custody and faces drug and weapons charges.
*** Ridding the streets of offenders can sometimes be as easy as rolling down the window. Successfully completing a night of intoxication in Guelph, Ontario, a 33-year-old Waterloo man staggered over to a police car, rapped on the window, and asked for a ride home. Having smelt the alcohol on his breath, police noticed a bag of marijuana dangling from his shirt pocket. Police obliged his request for a ride, directing their route to the local lock-up, where the man faces possession and breach of probation charges. *** U.S. fugitive Fred Gilliland’s fever for bargains was his weak spot, says an investigator who identified himself to reporters as “Brian.” The fugitive, dubbed the “king of coupons,” was duped by an undercover private investigator who convinced him to cross the border from Canada for a two-for-one lunch meal. The desination was just over the U.S. border in Point Roberts, Washington, where alerted U.S. Homeland Security agents were waiting to arrest him. Blue Line Magazine
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Gaining momentum in fight to protect children by Ryan Siegmund Police have been struggling to keep up with and investigate the burgeoning amount of child pornography and exploitation on the Internet. The National Child Exploitation Coordination Centre (NCECC) in Ottawa is working to help by offering investigators training, suggesting policies and standards and providing technological tools to expedite investigations – a ‘one-stop-shop’ for information. Under the stewardship of the RCMP’s National Police Services, the NCECC has launched a score of new initiatives and documented the best practices of leading sex crime units across Canada. Insp. Jennifer Strachan, the officer in charge, says it became very clear that the ‘massive amount’ of information investigators were receiving made it very challenging to investigate these types of crimes. Training Winnipeg Police Service Det/Sgt. Duane Heintz, who’s worked in the Integrated Child Exploitation (ICE) unit for three years, says other Canadian agencies have allocated resources to fight child sex crimes and shared information since the NCECC began in 2004. “If I have a target moved to another jurisdiction, I now know who to go to, who I can pass it off to within that jurisdiction and that it will be investigated appropriately,” says Heintz. “(This) as opposed to sending it out and having it sit in somebody’s desk drawer because they don’t know how to conduct the investigation.” The NCECC is developing a program to train investigators in the field of child exploitation so they will understand what is required. Heintz says his unit was forced to ‘fly by the seat of their pants’ until they learned what investigative techniques would work. “So how do you learn your craft, your stock and trade, and conduct these investigations with little or no background? It has been a lot of trial and error. I guess the other units across the country are lucky in that aspect because they can now look at units like ourselves, the OPP or Toronto and can rely on us for different techniques or practices that we have used to successfully combat child exploitation.” Strachan says there is a need to standardize the way investigations are done so cases aren’t investigated in different ways from province to province. “It leads to bad case law,” she says. “(If) the OPP has a file that implicates a small town in Alberta, it is still important for that person in Alberta to understand these types of files... the case could hinge on another department’s ability to do these type of files. We are just trying to make it easier for the front line people, where they can come to us and say ‘do you have a standard warrant template?’ or ‘what is your advice on what to ask for on release conditions?’, etc.” Earlier this year, the NCECC held its first specialized course for investigators – the first in the world to follow an investigation from the moment a tip comes in to its resolution in Blue Line Magazine
court. Topics covered included how to drop a warrant, disassemble a computer, challenges of the Internet, interview techniques, looking at images and how to estimate a child’s age. The pilot course went extremely well, says Strachan, adding they will look to offer it at least three or four times a year at the Canadian Police College. As part of the national training strategy, the NCECC is also planning on offering a course focusing on covert operations on the Internet to help investigators understand issues like entrapment and how to conduct themselves if they are posing as a child. Integrating initiatives Strachan has spearheaded the NCECC initiative and helped to secure government funding. The centre began ramping up in April and now has 22 employees sharing the workload on top of their regular duties. The centre is working on a centralized image database that it hopes to have running by the end of the summer. Strachan says police across Canada are currently receiving images but nobody is keeping a central database. The centre is also forming a small team to do image crime scene analysis. “Right now we have a technician who is working with one of our police officers to take apart those crime scenes and images of children being sexually abused and try to determine where that child can be. We want to make sure those images are shared with our international partners, because we want to avoid duplication of effort.” Last October, the NCECC amalgamated with National Missing Children’s Services (NMCS), which Strachan also runs. She says this move was important because the Internet is often used to lure missing children. The federal government recognized Child Find Manitoba’s cybertip.ca – a web portal for reporting on-line sexual exploitation – in January and expanded it into a national strategy. Members of the citizen tip line provide tips about potentially illegal material on the web. The NCECC gets approximately 20 per cent of its tips from cybertip and soon will be getting access to its database, a crucial step in linking Canadian and international targets to ensure there is no duplication of efforts. “There can be more than one tip in relation to one single incident and Cybertip definitely sees the importance in it,” says Strachan. “Whether we will have to do a little bit of extra work to ensure we are not duplicating efforts, that’s important too, but I think what’s really important is that there are options out 32
there for citizens now.” CETS The Child Exploitation Tracking System (CETS), launched in April, fills a need for police services to communicate nationally. It provides law enforcement with the tools to streamline the management of large volumes of investigative information and to track individuals right across the country. Toronto Police Service (TPS) Det/Sgt. Paul Gillespie approached Strachan initially about the CETS idea, pointing out that it would only be worthwhile in Toronto if other agencies used it and entered unique information, such as nicknames or unique identifiers not found on CPIC or other police information systems. The new software, developed by Microsoft Canada, addresses the difficulty police have had in keeping up-to-date on individuals who move to other jurisdictions. These people’s files are often lost or forgotten about, notes Strachan. The NCECC built and paid for the CETS infrastructure and has supplied and set up the systems in each of the jurisdictions which have units dedicated to this type of investigation. “I think we are up to 15-16 agencies (connected to CETS) and have another 10-12 that are interested in getting it,” says Strachan. The Child Exploitation section of the Toronto Police Service is really cutting edge, she adds. “Gillespie and his team figured ‘we have this big problem that’s been created by a number of different companies, (so) why don’t we go ask them what they plan to do?’ He (Gillespie) wrote Bill Gates himself and thought outside the box on that one, which is the nature of this business.” Virtual global taskforce Stretching over three continents and providing an international element to investigating child exploitation, the Virtual Global Taskforce (VGT), a partnership between police in Great Britain, Australia, the US and Canada, began in January. Its first act was to create a web site that aims to identify, locate and help at risk children and catch predators. Dubbed Operation PIN, the site appears to contain images of child abuse but in fact confronts browsers with an on-line law enforcement presence. “The idea behind it is to show that we are out there on the Internet currently and that we do gather that intelligence,” says Strachan, Canada’s lead rep on the VGT. “It was designed as really more of a crime reduction initiative, not necessarily as a way to go out and arrest people.” Intelligence gathered from PIN, however, can still support warrants that are not easy to obtain, she notes. Those who access the site will have their information passed on to international law enforcement agencies. “The types of people who are seeking to abuse children on the Internet use this world to their advantage, so law enforcement needs to start doing that more as well.” The VGT group is also an opportunity to build better working relationships with indusMAY 2005
try partners, says Strachan, adding the potential is there for them to not cooperate with Canadian police. “If none of us have a good working relationship, then I think taking it to a global level puts more impact on that issue. Companies like Visa and Canon – they have a role to play here as well.” Other countries have expressed interest in joining the task force, a partnership that Strachan says shares best practices and advice among members. Trying to catch-up Canadian law enforcement was slow to realize that it needed to investigate and deal with child exploitation on the Internet, says Heintz, noting it’s now playing catch-up with parts of Europe, the UK and the US. Canadian agencies, however, are well ahead of where they were three years ago when NCECC began, he adds, when most agencies didn’t have specialized child exploitation units. Heintz says he speaks to the NCECC on a regular basis because all investigations started internationally go through the centre and filter down through them. With an increasing number of calls, “respected police services have realized that this problem isn’t going away and, as a matter of fact, is getting bigger,” he says. “We need to dedicate resources to it.” That notion has been easier said than done for some jurisdictions. The Edmonton Police Service and Alberta RCMP have been pushing for an Internet child exploitation unit similar to the one Winnipeg Police have, saying they just don’t have the people to follow up on some cases. Winnipeg’s ICE unit is one of the largest of its kind; some Canadian police agencies have just one person to investigate exploitation cases, Heintz notes. “We have been lucky in our jurisdiction, where they realize (that) if children are out there being sexually abused or sexually exploited, we need to dedicate the resources to it... what is more important than the protection of children?” says Heintz. Strachan says the Canadian policing community must harness and share information so that those who know less about one area can learn from another agency’s expertise. “These types of investigations are critical to have,” says Strachan. “(You need) some form of integration, whether it be a virtual level or an in-person level, because it is a unique type of crime where you rarely have your suspect, victims or multiple suspects residing in the same province, municipality or country.” The world is a much smaller place because of the Internet, she notes, so the style of policing has to change to effectively combat the problem. “Often we get multi suspect files... so if we get a tip here, although I say it is one tip, it could implicate three different provinces, with ten different people. Until you start working on that cross border level, you will never really get your hands on all of the intelligence that you could... and get your warrant.”
Community Policing Award call for entries The International Association of Chiefs of Police (IACP) is calling for entries for its 2005 Community Policing Award, which will be presented at the IACP annual conference in Miami, Florida in September. Entries will be accepted until June 1, 2005. “The winning agencies will demonstrate successfully that community policing is proactive and effective and requires community problem solving,” said Gary Kempker, chairman of the IACP’s Community Policing Committee. “In today’s anti-terrorism environment, community policing is key to intelligence gathering and securing our communities.” The award, sponsored by ITT Industries Night Vision (ITT), was developed to recognize outstanding community policing initiatives by law enforcement agencies
worldwide. To date, 35 agencies have been honored as winners and 68 have been honored as finalists from five countries. Last year, for the first time, three agencies were recognized for their achievements around homeland securityrelated community policing. Again this year, the committee encourages agencies with homeland security-related community policing initiatives to submit entries. Law enforcement agencies and citizens are eligible to nominate candidates in five categories — agencies serving the fewer than 20,000 residents; 20,001 to 50,000 residents; 50,001 to 100,000 residents; 100,001 to 250,000 residents; and more than 250,000 residents. Visit www.theiacp.org for more information or to make a nomination.
Insp. Jennifer Strachan can be reached at jennifer.strachan@rcmp-grc.gc.ca or 613-990-8399. Blue Line Magazine
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The child exploitation tracking system by Tom Rataj Investigating and prosecuting individuals who exploit children and make and distribute child pornography challenges most existing law enforcement investigative techniques. Producing child pornography is made much easier by the affordability, availability and ease of use offered by current digital still and video photography and the computer hardware and software required to process it. The internationaal, borderless nature of the Internet also enables every manner of distribution, allowing offenders Photo: Tom Rataj to engage in their activities in complete Over a period of several months about 100 privacy and anonymity from anywhere they officers and numerous programmers and anacan take a computer and establish an Internet lysts from Microsoft Canada met and worked connection. on establishing the basic functionality, strucThis represents a significant challenge ture and scope of CETS. to law enforcement and judicial authorities Once an alpha version was produced, furworldwide. Technology is constantly changther work was undertaken to gather best pracing and offenders are increasingly savvy in tices and investigative ideas from investigators the techniques they use to avoid detection worldwide. Meetings held in Toronto in early and apprehension. 2004 with two working groups included offiTraditional law enforcement training and cials from Interpol, Europol, the UK’s National expertise, intelligence gathering and collaboCrime Squad, Scotland Yard, Manchester Poration have proven to be somewhat ineffeclice Service, the FBI, the United States Departtive against Internet-based child exploitation ment of Homeland Security, Department of Jusand pornography. tice, various Internet crimes against children task Investigations are generally lengthy and forces and 20 Canadian police services. often overwhelmed with large volumes of images and intelligence that is difficult and comBy investigators plex to organize. Offenders are often linked to With the input of hundreds of the investian extensive network of other offenders all gators that will eventually be using CETS, around the world. much of its functionality captures their invesDifferent child pornography laws and pentigative thought processes and analytical skills alties and the level of investigative effort that they’ve developed and refined over time. worldwide also add to the complexity of inIt provides tools to automatically collect, store, vestigations and prosecutions. International search, share and analyze the large volumes law enforcement collaboration and intelligence of information that are typically encountered sharing is a patchwork of individual agreeduring these types of investigations. ments and efforts. CETS is built to comply with Structured Query Language (SQL), which is a standard Ok e-mail to Bill Gates interactive programming language established As the officer in charge of the child exfor transferring information to and from comploitation section of the Toronto Police Servputer databases. It also uses Microsoft’s ice’s Sex Crimes Unit, Detective Sergeant Paul SharePoint Services technology, which is a colGillespie recognized all these challenges and lection of Windows Server software that enaset out to do something about them. He ebles team-oriented collaboration and informamailed Microsoft Chairman Bill Gates in 2003, tion sharing applications. explaining the scope of the problem and state It automatically handles data obtained from of investigative tools and suggesting Microsoft seized computers, including information from could help come up with a solution. e-mail program address books, buddy lists from Within one month, representatives of instant messaging programs, favourites or Microsoft Canada and the Toronto Police Servbookmarks from Internet browsers and saved ice Sex Crimes Unit met to discuss the needs addresses in file transfer protocol (FTP) proof the law enforcement community. grams, among others. Microsoft pledged to fully fund the develTo help make sense out of the mountains opment of software that would support an inof information collected, CETS also employs telligence-led investigative process and enable Social Network Analysis (SNA) technology. national and international collaboration durSNA assumes that there is an importance to ing child exploitation and pornography investhe relationships between individuals that intigations. The resulting product is the Child teract with one another. It includes theories and Exploitation Tracking System (CETS). Blue Line Magazine
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models that are based on relational processes or concepts and studies the interdependent relationships of individuals and the constraints on individual actions created by these relationships. This is particularly important in child exploitation investigations because so many of the offenders behave in a similar manner and engage in the same kinds of obsessive behaviours. Investigative aids built into CETS include an online library and chatrooms where investigators can study and exchange investigative techniques and best practices. An automatic notification process has also been included so that an investigator in Canada will be automatically notified that a fellow investigator anywhere else in the world has queried an individual or an item of interest in their investigation. Geographic location information can play an important part in investigations, so CETS includes the ability to interact with Microsoft’s MapPoint electronic mapping products. Automated search tools built into CETS are designed to not only query other CETS systems around the world, but to simultaneously query a variety of publicly available, Internet-based information sources. CETS does not include any tools or processes to deal with images, although there are a number of products already available and under development worldwide. A G8 panel is currently working on an image-centric product that will complement the work of CETS. Each CETS installation will be run by the law enforcement agency that has installed it and various levels of sharing between agencies will be established through legal sharing agreements that can set various levels of sharing, depending on the sensitivity of the investigation. Version three With an investment of over $2 million by Microsoft, work on version three of CETS was completed in January, 2005. It was launched at a news conference held at the Toronto Fairmont Royal York Hotel on April 7. It is anticipated that, by the end of 2005, there will be more than 25 Canadian police services hooked up to and actively using CETS through the secure Canadian Police Network. Ownership of the CETS software and programming is shared equally between the Toronto Police Service and Microsoft Corporation, with a commitment from Microsoft that the product will remain free for use by all authorized police agencies. The hardware and related software required for CETS to function will be the responsibility of the individual agencies running the system. Tom Rataj is Blue Line Magazine’s technology editor and he can be reached at technews@blueline.ca
MAY 2005
Keeping a straight line Kids ‘n Kops mix education and fun with Miramichi Police
by Ryan Siegmund School children from eight to 12 years old are being welcomed at Miramichi, New Brunswick’s police academy, but only for a week. Kids ‘n Kops, an educational camp run by the Miramichi Police Service (MPS), aims to provide positive role models and build trust between children and police. Structured like a mini police academy, the camp gives children a chance to see first hand what it’s like to be a police officer. Offered in partnership with the local Big Brothers and Big Sisters, the camp gives children a new appreciation for police, says Sgt. Bob Bruce, the coordinator. This is accomplished by having the kids put on the uniform and perform the duties of an officer. Big Brothers/Big Sisters program directors pick 12 children from their waiting list who need the influence of a positive role model. “They may not be troubled kids but in a lot of cases they are kids who are from some of the family support structures,” says Bruce. “We teach them respect for the uniform and respect for themselves. Every day we introduce a few new rules so its not just a fun camp but also a learning camp.” Following a swearing-in by the chief on the first day, the children’s education begins. They experience the discipline of a police academy, take part in various drills and are walked through the criminal justice process. During the course of the week, a mock crime scene is set up in which the children have to collect their own evidence to analyze. A volunteer student acts the part of a criminal, who leaves some clues behind for the young officers to discover. Blue Line Magazine
“We go walking around the community with a description (and) sure enough, we spot our fugitive and we get the police officer to go with them for the arrest,” says Bruce. “They each get a chance to go one-on-one with our suspect and try to interrogate him into confessing to the crime. It’s videotaped so they get to review it and they tend to enjoy that.” A tour of a court house is also scheduled; a judge explains how the justice system works and takes the children through the process of solving a crime right through to getting the person to court. The children even tour a local prison to see what happens from a punishment perspective. “We also have had a lady from victims services talk to them about what it is like to have something stolen from you and what it’s like to be a victim of a crime... it just reinforces the message,” says Bruce. The camp ties in other emergency services; EMS workers visit the children and give a presentation on first aid and CPR and they also tour the local fire department. More than 20 police officers volunteer with Kids ‘n Cops over the course of the week and the program is also a learning experience for them. Children are asked to fill out questionnaires on the first and last days to give organizers some feedback. “On the first day, they are saying they are scared of police and they think police sit around all the time and drink coffee,” says Bruce. “By the end of the week, they feel police officers are their friends and they are there to help them. Some say its what they’d like to do in the future perhaps, and that they didn’t know of all the work that was involved. It really gives them 35
a different mind-set as to what their perspective of police is.” The program has touched at least 36 children over the last three years, Bruce says, adding some parents have told him how it changed their children’s mindset and even prevented them from heading down the wrong path. “If you can affect one kid, your goal has been met,” he says, adding some definitely have a need for positive role models. Big Brothers/Big Sisters don’t want the MPS to stereotype a child so surnames are not revealed when they enter the program. Some of the children’s parents have had previous dealings with the police and they don’t want that to colour officer’s perceptions. “Some of these kids, you sort of wonder, for their young age – they have seen or experienced too much.” Two spaces at last year’s camp were reserved for children of Miramichi officers. Bruce says this was done to give them a little insight into what their parent does on the job. Registration is limited to 12 children because this age group requires a lot of individual attention, he adds. Bruce thinks so highly of the program that he hopes other police agencies or emergency services will consider offering the camps. A graduation ceremony concludes the week where the kids get badges. “They have to work all week to earn that but it is rewarding to them at the end of the week,” Bruce says. “It is an educational program, but on the other hand, they are going to have fun.” For more information, contact Sgt. Bob Bruce at 506-6232124. MAY 2005
Video enhancement
Case management software
Prisoner transport restraint
Signalscape introduces StarWitness Freeze Frame, a user-friendly turn-key video forensics workstation specifically designed for law enforcement and security officers, allowing them to decipher video evidence to solve cases. StarWitness allows officers to solve common video and still-frame problems quickly and easily.
Xanalys’ PowerCase Software, mandated for usage by all Ontario law enforcement agencies, combines the most advanced investigation techniques. PowerCase allows investigators to: collect information from multiple sources, analyze and manage information, share information across systems, and prove and validate arrests in court.
Stinger Systems’ Band-It, an electronic prisoner restraint cuff, allows law enforcers to deliver an immobilizing shock if a prisoner attempts to disarm or endanger anyone. The shock can be delivered by wireless remote up to 150 feet away. The Band-It emits 45,000 50,000 volts at 4-6 milliamps output.
Cocaine ID swabs
Tactical watch
Concealable vest
davTech’s NIK Cocaine ID Swabs, are individually packaged 1" x 1.5" swabs that are sensitive to trace amounts of residue. Unlimited shelf life assures these swabs will provide accurate, reliable results, when and where you need them.
5.11 Tactical Series’ HRT Tactical Watch with Hold-over Calculator, calculates the point of aim/point of impact by allowing the user to input the variables necessary in determining elevation and wind adjustments. Punch in the variables and the watch will then display the shooting solution.
Second Chance’s Monarch Summit is certified to meet both the NIJ 0101.04 ballistic standard and the NIJ 0115.00 spike standard. Containing Araflex VI, the vest is made with 100% Twaron Microfilament Fibres, Kevlar Correctional materials and covered in GoreTex Comfort Cool fabric pad covers.
Right angle flashlight
IP-based video network
Pelican Product’s Little Ed right angle flashlight is similar to Pelican’s Big Ed in design, but substantially smaller in size. The slender Xenoy body of Little Ed is lightweight and effortlessly clips to a turnout coat or shirt pocket.
GE’s Security business has a new SymSuite IP solution, which lets users with analog systems create an IP-based video network while continuing to use their exisiting analog equipment. Users can connect SymVeo IP platfrom cameras, SymDec digital video recorders, PCs and servers directly to the network.
Emergency dispatch signs
RediAlert’s portable Rapid Dispatch Emergency Signs (R.D.E.S.), communicates critical information in dangerous situations, and can be deployed in less than 5 minutes. The illuminated screen contains LEDs and is bundled with keyboard or optional wireless PDA. Folds into the size of a suitcase for transport. Blue Line Magazine
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REGINA — Legislation to protect police, emergency workers, good samaritans and victims of crime from potential infectious disease exposures will be introduced in the Saskatchewan legislature this spring. Aimed at alleviating fears of contracting disease, the law will set out a process compelling the source person to be tested confidentially. “This new legislation will help protect the men and woman who protect us, by addressing the stress and uncertainty of not knowing whether they have contracted a fatal or debilitating disease,” Justice Minister Frank Quennell said. “We want to provide peace of mind to good Samaritans and victims of crime as well.” Officers in Regina and across the province are pleased the government is going ahead with the legislation, said Sgt. Christine Tell, president of the Regina Police Association. Introducing mandatory testing legislation has been something the Saskatchewan Federation of Police, the province’s firefighters and emergency medical services personnel have been lobbying for in recent years, she said. Tell said police officers have no way of predicting or protecting themselves against people spitting or biting and putting them at risk of potentially contracting an infectious disease. She said the mandatory blood tests will help alleviate the fear and apprehension of waiting and not knowing. “There have been instances throughout the province where our members have experienced significant exposure to bodily fluid and the degree of apprehension and the treatment required when you have significant exposure is definitely cause for concern for our members,” Tell said. *** HALIFAX — Nova Scotia police officers have lost their right to strike after provincial legislation was passed in March. The amendment to the Trade Union Act will also remove a municipality’s ability to lock out police officers and impasses will now be resolved through interest arbitration. The interest arbitration system involves an individual or panel of three people holding a hearing and issuing a binding decision. Cape Breton, Westville, Trenton, Stellarton, New Glasgow, Amherst, Springhill, Truro, Halifax, Bridgewater, Kentville and Annapolis Royal are the 12 municipal forces in the province. Chief Edgar MacLeod said he’s a longtime advocate of binding arbitration to settle bargaining deadlocks. “It’s always been a challenge to negotiate, especially when it comes to public safety,” he said. “There’s a risk, of course, to public safety with police strikes, so I applaud the legislation.” The RCMP, who are not unionized, have covered areas where strikes have occurred in the past, but MacLeod pointed out that it would be in cases of emergency. The new amendment should ensure public safety, says Colchester North member Bill Langille, who initially introduced the legislation. Langille, who is a 30-year veteran of police service in Nova Scotia and Ontario said Blue Line Magazine
he thinks the public can rest a lot easier knowing the police will never go on strike again in Nova Scotia. Since 1972, there have been 11 police strikes in Nova Scotia with the last one occurring in Kentville back in 2001. *** OTTAWA — Phase one of the federal government’s port-security strategy has been announced, with $23.6 million being allocated for 69 projects at marine installations across the country. The events of September 11th prompted the government to introduce several port security measures, in fear of terrorists using ships to transport operatives or weapons such as dirty bombs. In an effort to help Canadian marine facilities modernize and strengthen security systems and programs, the government announced last year a three-year, 115 million program for the cause. The government says the phase one initiative stretches from British Columbia to Atlantic Canada, Quebec and the Great Lakes. Port authorities of Vancouver and Montreal will receive $8.1 million and $3.1 million respectively. The program is aimed at creating security operations centres, boosting the presence of the military, coast guard and the RCMP, modernizing communications and increasing co-operation with U.S. authorities. Transport Minister Jean Lapierre said the projects will also improve the safety and efficiency of Canada’s transportation system. “The security of Canadians is at the heart of this program and remains one of the government’s top priorities,” said Ontario MP Jim Karygiannis, the Liberal parliamentary secretary for transport. The national security policy has been estimated to cost an overall $308 million.
May 4 – 6, 2005 Ontario Women in Law Enforcement Mississauga ON The annual O.W.L.E. Conference will take place at the Stage West Hotel, 5400 Dixie Rd., Mississauga. The banquet is May 6 at 6434 Dixie Rd. For registration and information check www.owle.org. May 14 & 15, 2005 Mixed Martial Arts Expo Metro Toronto Convention Centre THE martial arts and self-defense event of the year. Sixteen 1,000 sq. ft. puzzle-mat training areas, each assigned to a different martial art. Special seminars for police and corrections officers on “Effective Use of Force” (held in a separate area) delivered by top-notch L.E.O. instructors and PPCT specialists. Information and registration at: www.MixedMartialArtsExpo.com May 29 – June 2, 2005 Canadian Assoc. of Police Educators Conf. 2005 Atlantic Police Academy, Summerside, PEI This year’s conference, “Bridging The Gap – The Future To E-Learning” will provide hands-on training from the basics to the development of a finished product demonstrating the benefits, potential and cost effectiveness of E-Learning. For more information please call 902-888-6704 or visit www.cpc.gc.ca/cape.htm December 5 – 9, 2005 Fraud Conference Toronto Marriott Eaton Centre Hosted by the Toronto Police Service Fraud Squad. Provided will be a mixture of Lectures and Case Studies discussing a wide variety of Fraud Issues and practices. Cost $350.00 per person. For further information/contacts go to www.torontopolice.on.ca under Seminars and Conferences, or contact Allister Field at 416.808.7332 e-mail allister.field@torontopolice.on.ca or James Farrell at 416.808.7238 e-mail james.farrell@torontopolice.on.ca.
Team Ontario defeated Team Canada to take top honours at the 2005 national police curling championships. Dick Burton (retired OPP), Frank Badowich (YRP), Brian Mooring (YRP), Ted McIntyre (YRP), Wyllie Allan (Barrie City Police) 37
MAY 2005
Using the Canadian Human Rights Act to combat hate crime by Terry Wilson Being a police officer for sixteen years, I believed I had used every avenue available to convict a criminal. I used every federal and provincial act to help keep criminals off the streets. It wasn’t until I spent six years as a hate investigator for the London Police Service that I learned of a new tool available to me - The Canadian Human Rights Act. How I came to learn this was through an investigation involving a hate organization called CECT (Canadian Ethnic Cleansing Team) which had active members in London, Ontario. Like many hate organizations, the CECT had a burning desire to express their hateful messages to the world. They had two active web sites which were used to promote their white supremacist beliefs. Although the content was often alarming and inappropriate, there is a fine line between hateful words and criminal acts of distributing hate propaganda. Simple slang, crude images and derogatory names did not make a hate crime. On Sept 11, 2001 New York, Washington and the world was crippled by the devastating effects of the murderous acts of extremist Muslims. The CECT jumped on the terror and directed all viewers to their website to “Declare war on all Muslims and Jews.” By making this public statement, the leaders of the CECT had committed six different criminal offences including counseling murder, counseling property damage, threats to property damage twice and death threats twice. Crown Council determined that there was no reasonable expectation of conviction and stayed every charge. Once again these extremists would be free to continue to spread hatred – until I received a much welcome call from an investigator at the Canadian Human Rights Commission. He advised me that he was conducting an investigation based on a complaint from a citizen in regards to the CECT and the same hate
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messages I had investigated six months prior. I was happy to supply him with evidence that I had collected. Over the next three years, I learned who the Commission was, what authority they held, and most importantly how they can help fight hate motivated crimes in Canada. The Canadian Human Rights Commission is the investigative body of the Canadian Human Rights Act. This act is a federal statute that is written to protect Canadian’s from prejudice, bias and hate messages. Often, investigations surrounding hate propaganda cover messages sent through telecommunications. In a previous precedent setting case against Holocaust denier Ernst Zundel, the Human Rights Tribunal declared the Internet to be a form of telecommunications as defined by Section 13 of the Act But before the Commission could proceed against the CECT and the two leaders, they had to prove: • That declaring war on all Jews and Muslims, was indeed a hate message, and • Using the Internet to convey this message met the definition of telecommunication To my delight, both tests were met and we proceeded to a lengthy and public hearing. The chain of events in a Human Rights hearing go as follows:
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• The Canadian Human Rights Commission investigates the complaint and determines if a hate message has been conveyed. • If the facts in issue are met, a hearing is set and evidence is presented to the Human Rights Tribunal. • The Tribunal is made up of judges or mediators who call evidence from the Commission, defendants and witnesses. • Both the commission and defense are afforded opportunities to present their cases. • Once all the information is presented to the Tribunal they make a decision with the balance of probabilities being the test of guilt. Guilty decisions can lead to hefty monitory fines, penalties and/or restrictions on the persons and groups activities. These restrictions are registered in the Federal court and therefore any breach is treated as a Criminal Offence. These restrictions may also be applied to any future members of the group. As you can see, the Human Right Commission has some teeth. Anyone can make a complaint to the Human Right Commission and therefore it is our duty as police officers to ensure that victims of hate are aware of this process. If we are going to fight hatred in Canada, we need to use every avenue available. The Canadian Human Rights Act, the Commission and Tribunal are powerful, useful and effective tools in restricting hate messages delivered by extremist groups in Canada. 13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination. Identifiable group in this act are as follows: 3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted. Terry Wilson is a detective with the New Westminster Police Service.
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