Taser guidelines: Adopt B.C. blueprint

An editorial published in today's edition of The Chronicle Herald:

IT ISN’T the first report on Taser use and abuse, and it won’t be the last. But retired B.C. judge Thomas Braidwood’s 546-page tome on the sub­ject deserves to be adopted as the gold standard for law enforcement and policy makers nationwide.

Mr. Braidwood has become a fixture in the na­tional news firmament as he presides over the in­quiry into Canada’s most infamous Tasering fiasco — the videotaped confrontation that led to the death of Polish immigrant Robert Dziekanski at Vancouver airport in 2007. Part 1 of his analysis, Restoring Public Confidence: Restricting the Use of Conducted Energy Weapons, was released last week. The second phase of the inquiry, focusing on the circumstances of Mr. Dziekanski’s demise, has been adjourned until late September.

In his report, Mr. Braidwood finds no shortage of actors to upbraid. In a stinging rebuke to Taser International Inc., he asserts that Tasers can in­deed kill — a reasonable conclusion, given the stun gun’s track record, that is still firmly rejected by the weapon’s manufacturer.

Mr. Braidwood also finds fault with the B.C. gov­ernment for adopting Tasers without independ­ently testing them first and for the lack of uniform standards governing their use. But, significantly, he does not advocate shelving them. We agree with this view: Overall, Tasers can do more good than harm if they are deployed with restraint.

On that score, Mr. Braidwood sets an eminently sensible threshold that the stun gun use should be confined to violations of criminal law, not provin­cial or municipal statutes. Furthermore, offering “active resistance" to a police officer — running away or mouthing off — should not be considered a Taserable offence. But if a subject is inflicting or threatening bodily harm, then Tasering is justified. Uniform standards and clear rules of engagement should help eliminate the use of the Taser as an easy compliance tool and prevent outrageous acts such as the Amherst police subduing an obstrep­erous diabetic last year over the objections of para­medics who had called for assistance.

Also of particular relevance to Nova Scotians following the inquiry into the death of schizophren­ic Howard Hyde in Halifax police custody, was the warning that Tasering “an emotionally disturbed person is, in most cases, the worst possible re­sponse."

For police officers who have been issued a Taser, it does makes sense to have a defibrillator handy too, although this could be an expensive proposi­tion. In all, there are 19 recommendations in the report, which B.C. has pledged to immediately adopt. The findings should also be embraced by every other jurisdiction and the RCMP, which, in fairness has tightened its Taser-use protocols.

Certainly, Nova Scotia need look no further than the Braidwood report for inspiration to establish its own provincewide guidelines.

Bold emphasis in the text of the editorial is mine.

Also see:

Safe use is key

B.C. stun gun report applies here, too

An opinion piece published in today's edition of The Chronicle Herald:

By Marilla Stephenson [pictured]

WHILE THE DEATH of Howard Hyde in a Dartmouth jail remains an incident of confusion and contradiction, the report from a British Columbia public inquiry this week was crystal clear: stun guns can kill.

The fatality inquiry called into Hyde’s death by the Nova Scotia government and the B.C. inquiry are different in many ways but they also have much in common: both deal with the death of a disturbed man who had earlier been Tasered by police officers.

The two men died about a month apart in 2007.

Robert Dziekanski died on the floor of the arrivals area of the Vancouver International Airport in October 2007 after officers used a stun gun to subdue him. The Polish man, who spoke no English, had been wandering the terminal for hours before becoming disruptive and exhibiting erratic behaviour. The RCMP were called in to deal with him, eventually delivering five Taser shocks before he collapsed and died.

Hyde died 30 hours after he had been Tasered by Halifax Regional police officers in November of the same year. The medical examiner ruled that his death, after a scuffle with guards at the jail a day after being arrested, was a result of "excited delirium" caused by paranoid schizophrenia.

The fatality inquiry into the Hyde case has different parameters from the B.C. inquiry. Judge Anne Derrick has not been tasked to assign blame in her findings.

In B.C., former judge Thomas Braidwood found that stun guns can kill or cause serious injury. As a result, the B.C. government has ordered the use of stun guns to be "severely restricted," but stopped short of an outright ban on the weapons, which have often been used to bring unruly suspects under control.

"Conducted energy weapons are unique — they are the only weapon designed to cause intense pain and to incapacitate through an electrical current," Braidwood said at a Vancouver news conference.

In releasing his report on Thursday, Braidwood noted that Tasers were introduced without prior independent government testing, relying instead on information from the manufacturers, the Canadian Press reported.

Braidwood issued 19 recommendations, including that police only use the weapons when someone is causing or is about to cause bodily harm. He said 25 people have died in Canada after being subjected to electrical shock from a stun gun.

He undertook a detailed review of existing research into Tasers. He concluded they are a better option for police than guns, noting the threat of a Taser has enabled some police forces to resolve up to 80 per cent of incidents.

But he also found that they can cause heart irregularities and are an especially high-risk weapon for those who are medically or emotionally compromised, particularly if they receive repeated shocks.

"Deploying a conducted energy weapon against an emotionally disturbed person is, in most cases, the worst possible response," said Braidwood.

Among his recommendations is a call for additional training to help police officers deal with emotionally disturbed people.

These findings will be of particular interest to the family and friends of Hyde, who have heard testimony at the Halifax inquiry from police officers and medical officials that seems, at times, at odds with common sense.

The inquiry has been told of procedural errors relating to Taser use by the officers involved in the incident, acknowledgement that written reports about Hyde’s time in custody are in conflict with what appears on security tapes, and a written doctor’s order that called for Hyde to receive a psychiatric assessment.

That never happened. Communication about Hyde’s condition appears to have been minimal among the police, medical staff who cared for Hyde after he was initially Tasered, and corrections staff. While the confusion that existed is apparent from testimony at the inquiry, there seems to have been little effort made to seek clarification.

One day later, Hyde was dead. Suggestions that jurisdictional limitations and ignorance of proper procedures may have prevented Hyde from getting the help he needed are far from good enough.

Bold emphasis in the text of the article is mine.

Also see:

Hyde lawyer: Adopt Taser guidelines

New Taser rules for B.C.

An article posted online yesterday by CBC.ca.

The B.C. government will restrict the use of stun guns by police, following the release of a report by the Braidwood Commission in Vancouver on Thursday.

Effective immediately, all police, sheriffs and corrections officers in B.C. have been directed to severely restrict the use of conducted energy weapons, in accordance with recommendations from the inquiry, Solicitor General Kash Heed said.

The B.C. government also will immediately raise the threshold for use of the electric stun guns to match former judge Thomas Braidwood's recommendations.

That means Tasers should only be deployed when all of the following criteria are met:

• The officer is enforcing a federal criminal law.

• The subject is causing bodily harm or will imminently cause bodily harm.

• No lesser-force option has been or will be effective in eliminating the risk of bodily harm.

• De-escalation and/or crisis intervention techniques have not been or will not be effective in eliminating the risk of bodily harm.

• In addition, the government will move to ensure all police using stun guns have access to defibrillators, said Heed.

Conducted energy weapons will now undergo regular testing and police will be required to report all use of the weapons to the province, said the statement.

In addition, B.C. will work with the federal government during contract negotiations to incorporate Braidwood's recommendations into future contracts with the RCMP for policing in the province.

Report based on speculation, says Taser manufacturer

Meanwhile, both the provincial RCMP and the Taser manufacturer issued written statements in response.

Taser International Inc. of Scottsdale Ariz., said it appears that "politics has trumped science."

It said the recommendations in the report are based largely on speculation and ignored key facts.

It is the opinion of Taser International, the statement said, that the inquiry's recommendations do not "meet the realities of modern day law enforcement."

The RCMP, however, said it welcomed the report from the first phase of the Braidwood Inquiry.

The force said it would "review and assess the findings, conclusions and recommendations" in the report.

The statement said the RCMP believes that Tasers, when used appropriately by officers who are well trained, can be a useful tool that contributes to officer and public safety.

Braidwood made a total of 19 recommendations to the B.C. government.

The commission inquiry was called after the death of Robert Dziekanski, a Polish immigrant who was stunned by RCMP officers at Vancouver International Airport on Oct. 13, 2007. The commission finished its first phase of testimony in May.

Also see:

Tasers need stricter control, B.C. inquiry finds

VIDEO: Thomas Braidwood releases preliminary findings from Taser inquiry (Runs 15:43)

Judge: Tasers can kill