Critics say N.S. restrictions on stun guns do nothing to clarify use of weapon

From The Canadian Press - July 10th:

HALIFAX — The Nova Scotia government issued new restrictions on the use of Tasers on Thursday, claiming the measure will help clarify when the powerful devices are deployed.

Justice Minister Cecil Clarke said he would immediately limit the use of stun guns to instances where police officers face "violent or aggressive resistance or active threat to the law enforcement officer, the subject or the public."

Clarke said the interim guideline is aimed at ensuring the controversial weapons are used appropriately by police forces in the province. An earlier study done for the province found police officers have become increasingly reliant on the so-called Conducted Energy Devices.

But Clarke refused to impose a ban on them despite lingering questions over the death of Howard Hyde, a Dartmouth, N.S., man who died after being Tasered by police last year.

"There is no moratorium," he told reporters at the legislature after the release of a 36-page report, which was prompted by Hyde's death.

"In the vast number of occasions the Taser has been effective and safe when deployed."

But critics panned the announcement, saying it will do nothing to create clear standards for Taser use and doesn't differ greatly from existing guidelines on when the devices should be used.

According to the old language, the device should only be discharged where there is "risk from aggression, violence or other reasonable conditions exist ... in the interests of public or officer safety."

NDP justice critic Bill Estabrooks said the measure is merely a stalling tactic and fails to provide any clear guidance on when the weapons are used.

"I'm disappointed in the delay, I'm disappointed in the lack of clarity," he said.

"I was expecting that they were going to make some clear decisions, particularly when it came to restrictions, use and accountability. I mean, the buck stops at the minister's desk."

Clarke called for the two-phase review by a panel of health, police and justice officials eight months ago, following the death of Hyde. The 45-year-old man died about 30 hours after he was Tasered by Halifax police.

Hyde, who suffered from paranoid schizophrenia, was arrested at his home for spousal abuse and was taken to police headquarters where he was shot with a Taser more than once.

He died after struggling with guards in a Dartmouth jail, leading to calls for an examination of the devices.

Stephen Ayer of the Schizophrenia Society of Nova Scotia said he was also disappointed with the review because it didn't include a ban or adequately study the issue of mental illness and how people with disorders are affected by stun guns.

He said the review should have included a recommendation that paramedics be on scene when someone with a psychiatric disorder or who suffers from acute agitation is hit with a stun gun.

"In my mind, there should be a moratorium," he said, noting that it's not known what caused Hyde's death since the autopsy results have yet to be released.

"The minister talks about violent or aggressive resistance. I'm concerned about that because someone who's acutely agitated would probably be putting up aggressive resistance."

The 50,000-volt weapons can be shot from a distance or in up-close stun mode - a pain likened to leaning on a hot stove, sometimes blistering the skin.

Nova Scotia's review is one of several across Canada ordered in the wake of the death of Robert Dziekanski, the Polish man who died after he was Tasered by RCMP officers at Vancouver International Airport on Oct. 14.

Reviews have also been ordered in British Columbia, New Brunswick, Newfoundland and Labrador, and nationally by the Canadian Association of Chiefs of Police and the Canadian Police Research Centre.

RCMP Supt. Blair McKnight of the Halifax division said the province's new restriction doesn't differ greatly from the Mounties policy on usage and that they're trying to align several different policies on when the devices should be used.

The RCMP announced last month that it will restrict Taser firings in the face of mounting public pressure on the national force to rein in what critics call "usage creep."

The Mounties said officers will have clearer direction on how and when the weapons should be wielded following renewed calls for action by the RCMP complaints commission.

Commission chairman Paul Kennedy released a final report echoing his interim call to limit Tasers to clashes where suspects are combative or risk serious harm to themselves, the police or the public.

Nova Scotia also announced it will appoint a co-ordinator who will establish new standards for the use of stun guns by law enforcement officers and conduct a full policy review.

Also see:
Nova Scotia restricts Taser use until review completed

Clarke tightens Taser use

Limits applied to Taser use

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Nova Scotia Justice Minister Cecil Clarke announces restrictions on the use of stun guns. The Canadian Press/Andrew Vaughan