The non conformer's Canadian Weblog

June 9, 2009

Mounties ask B.C. court to bar Taser inquiry from finding misconduct


The allegations against the Vancouver  Airport RCMP officers  include that the officers failed to properly assess the scene when they arrived at Vancouver’s airport, that they responded inappropriately by stunning Dziekanski several times with a Taser, and that they later lied to investigators and to the inquiry to justify their actions included even their  criminal offences – assault, obstruction of justice, perjury . So what else is new here.. We all know that.. we still do  need to clearly see the RCMP rightfully punished for their wrong acts now.. I too have detailed many times that I have witnessed Mounties lie decades ago and they falsely got away with too.  

“the inquiry put the four officers on notice that the inquiry “may” make findings of misconduct against them. The letters were sent to the officers essentially to allow them to prepare a response. But their response has been to ask the B.C. Supreme Court for an injunction barring Thomas Braidwood from finding any fault with them. Court documents filed in B.C. Supreme Court include the letters sent to the four officers by Braidwood Inquiry lawyer Art Vertlieb. In an letter dated April 30, 2009, Vertlieb alerts the officers that the inquiry “may” conclude that the officers failed to make a full and proper assessment of the situation before taking action and failed to respond “appropriately.” Worse, the letter states the commission may find that they misled investigators. “In the notes you made and the statements you gave to IHIT investigators …you misrepresented Mr. Dziekanski’s behaviours and the manner in which events unfolded … for the purpose of justifying your actions and those of your fellow officers,” Vertlieb writes. When asked by the officers’ lawyers to back up those possible conclusions, Vertlieb answered in a follow-up letter dated May 5, 2009 that the officers “failed to make reasonable efforts to ascertain whether the information you had received about Mr. Dziekanski when you were dispatched and/or en route to the airport still applied when you initially saw him at the airport.” The commission may very well find it was the RCMP, not Dziekanski, who was excessively aggressive. “You acted inappropriately aggressively in your initial approach, posture and dealings with Mr. Dziekanski,” the letter states. ”
” Wow…. you would think the RCMP would be doing everything in its power to try and restore confidence of the public in their ‘institution’, and yet everything they do or say is self-serving, and well, just truly embarassing.  They sure do know how to dig their own graves though…..”
“I believe that those responsible for not laying charges in the first place should be looking for other employment.” …the A/G is out there on the unemployment line – unless Premier ‘Conservative’ Campbell forgives him his loss to an “Independent”. I believe that government has a motto – “To Conserve and Protect!” Didn’t work for Wally Oppal. I called him “Alley Oop”! Jumping from his last constituency to South Delta with his Attorney-General’s ‘badge of honour’ when he’d done diddly-squat for this Campbell-devastated ‘project destination’ site for all the years he’d lived here. Said ‘peep’! Good riddance! …Anyhow, he’s just one of the guys – the other John Les, no less. Had some “questionable dealings” out in the valley. Solicitor-General looks after the Mountie file. Maybe someone was sending him a ‘message’? .. Politics and Cop! What a crap-shoot when it come to the upper echelons.  .
“To the Poles around the world, you have my deepest apologies. We Canadians are NOT like what you are witnessing from these few law-enforcement people. We are still shocked and embarrassed by this horrible incident. These people are, in my opinion, trying to cover up their mistakes, and hide behind the very laws they are sworn to uphold. Well, my hope, and I’m sure the hope of most Canadians, is that they are held accountable for what they have done, and are appropriately punished. Please know that we carry this shame with us, and that we are not vicious people. To all of you, I again wish to apologize for these horrible policemen.”    

Court hears arguments about taser inquiry’s scope  Globe and Mail –  The head of an inquiry into the death of Robert Dziekanski has the authority to make findings of misconduct against four Mounties involved in a notorious airport encounter with the Polish immigrant, a lawyer for BC’s Attorney-General argued yesterday… the Constitution establishes provincial responsibility for the control and supervision of law enforcement in the province. The RCMP itself  in B.C. has said, through a spokesman, that it respects the jurisdiction of the inquiry.


Mounties’ bid to block criticism ‘an affront’ to Dziekanski Vancouver Sun..  the officers fabricated evidence, colluded with each other, lied under oath and misled investigators  …Three other Mounties — two media relations officers involved in the incident and the head of the investigation into Dziekanski’s death — are also obviously worried about Braidwood’s findings…. Craig Jones, acting for the province, said Ottawa wasn’t present at the hearing because it did not contest Victoria’s jurisdiction, and the RCMP has also officially recognized the inquiry’s authority. He said the Public Inquiry Act specifically allows a commissioner to make findings of misconduct. There are restrictions on provincial jurisdiction — to prevent infringement on federal interests or the rights of an accused — but they don’t apply here, he added. Walter Kosteckyj, appearing for Dziekanski’s mother, Zofia Cisowski, said this last-ditch effort by the Mounties to avoid blame was an affront to his client and the public. “This is not a hidden agenda, [the issue of misconduct by the officers] was right up front,” he said.
all 42 news articles »
Ottawa’s deference to the provincial inquiry.. “So, the B.C. RCMP is distancing itself from the gang of four. That’s a good start. Too bad we can’t take it as an indication that they are serious about changing their ways and will begin to really punish the abuses of power. The incident at the airport was not an isolated incident — there continues to be the same arrogance and sense of entitlement within the organization. Until that changes, we will continue to see incidents such as what happened at the airport. There were other RCMP people involved in the cover up and the smear campaign — lets not forget that the RCMP organization not only condoned the actions of the gang of four but actively participated in the cover up. So, the RCMP distancing itself from the gang of four doesn’t mean much. It is only admission that they can’t find any more ways to cover up the gang of four’s guilt in this incident or can’t find another scapegoat to blame. ”
The lawyers are lining up some more lucrative court billing hours paid for by the taxpayer Their own union should be paying the tab. This is how most of these situations are governed. .. These four people have shown on tape quite clearly that they are bullies and are prepared to lie to cover their inability to do their jobs properly. ..Tasering a guy five times is just a little over the top. We pay these screw-up’s and they have to answer to us whether they like it or not.
Kosteckyj said that delaying the inquiry or preventing Braidwood from drawing his own conclusions “would be intolerable in the circumstances.” Also  the RCMP is hired by the province and paid with BC taxpayers money.
 Mounty asking B.C. court to bar  them from finding  his drunk driving misconduct too?
 “it’s not the country that set’s that policy it’s the corrupt internal mgt. of rcmp, who have no real oversight.   The old boy’s club, code of silence, brothers in arms, circle the wagons and other cowardly behaviours run rampant there. I agree he should not be paid for this! This isn’t insubordination, it’s a murder.   What stinks about this, aside from the murder he committed, is the fact that the federal minister responsible just let it lie when really he should have jumped in there with, ‘both boots a swinging’, kickin’ the hell out of those cowardly policies.  A perfect opportunity to show us how tough he is. The RCMP let us down but the govt of Canada and the govt. of BC helped them, and continue to do so.”
Police recommend impaired-driving charges against Mountie  Globe and Mail –  Police in Delta have recommended impaired-driving charges against a Mountie at the centre of the controversy over the death of Polish immigrant Robert Dziekanski.  Corporal Monty Robinson  has also been implicated in an incident that occurred while he was off duty last October.A 21-year-old man in the community of Tsawwassen was killed when his motorcycle collided with a jeep driven by Cpl. Robinson, who was off duty at the time. Cpl. Robinson was assigned to the RCMP’s 2010 Integrated Security Unit at the time of the accident, and has since been suspended with pay. He likley is an alcoholic too… and should have been fired a long time ago…
Many people do chastise the entire police force not because of a few bad apples or rather the whole basket is now clearly rotten.. they do have many good reasons for not liking the cops too..
“I simply don’t trust any of the police involved in that tasering death or any of their superiors to stand up and do the right thing. So far all we have got from them is denial, denial and more denial even as the video of the airport killing is being replayed.”

Minister orders Mint to call in police in search for missing gold Ottawa Citizen –   OTTAWA – The government has ordered the Royal Canadian Mint to call police in to investigate as $20 million in unaccounted-for gold and precious metals.

Minister orders Mint to call in Mounties The Canadian Press

all 40 news articles »

It would be easy to form the impression that the four Richmond RCMP officers involved were the only ones to blame for the tragedy at Vancouver International Airport on Oct. 14, 2007.But as the lawyer for Dziekanski’s mother has astutely observed, that’s only because the RCMP’s spectacularly bad PR has stolen the spotlight. RCMP brass and the federal government could have pre-empted a damning report from Thomas Braidwood by stepping up with a genuine mea culpa and an announcement that a major overhaul of the RCMP and CBSA was already in the works. That hasn’t happened. Now, given how much has been exposed in this inquiry, it is hard to believe a few people won’t be held to account.

that includes the and justice ministers, solicitor generals at the federal and provincial levels now too and who is going to hold them all accountable? not the bad PM for sure. 


“The Public Inquiry Act says you may make findings of misconduct in a public inquiry,” said Walter Kosteckyj. “What the RCMP wants is a simple record (of what happened to Dziekanski). We don’t need an inquiry just to get a simple record.” WE HAVE THE INTERNET FOR THAT ALREADY TOO

Officers try to muzzle inquiry Richmond News –  An attempt by four former Richmond RCMP officers to muzzle the Braidwood Inquiry underscores one of the problems with a federal police force acting as a municipal force, says the chairman of the city’s community safety committee.

The move is just one more example of the RCMP refusing to take responsibility, says Walter Kosteckyj, the lawyer representing Dziekanski’s mother.”Obviously the point of all this (the inquiry) is that somebody has to take responsibility,” he said. “Up until now, they’ve said, ‘Gee, we’re sorry this happened – but not our fault.’ I don’t think anyone in Canada accepts that. And if they do, they’re in the minority.”

Although a federal force, the RCMP operates under contract with the province of B.C. and the City of Richmond as a municipal force.

The B.C. Criminal Justice Branch decided in December the four officers would not face criminal charges. However, there has been increasing pressure to reconsider the case in light of the testimony heard at the Braidwood inquiry. The inquiry, struck by former attorney-general Wally Oppal, heard testimony from the four officers themselves. They conceded some of the testimony they gave to investigators was wrong, which means prosecutors were basing their decision on faulty information.  For example, they testified that Dziekanski was Tasered the first time because he was being uncooperative and combative – something the video appears to show was not the case – and that he was Tasered repeatedly after that because he remained standing, when in fact he fell to the ground on the first shot. They also testified that Dziekanski came at them brandishing a stapler and that he had to be wrestled to the ground – neither of which was the case.RCMP were also forced to admit that they released faulty information to the press and then made a conscious decision not to correct the information once investigators knew otherwise.

Rights group calls for removal of RCMP’s top cop – ‎Jun 11, 2009‎ By Tom Sandborn June 11, 2009 08:48 am 3 comments VANCOUVER – The federal government should fire RCMP Commissioner William Elliott for his role in the Dziekanski affair, says a group supporting the mother of the Polish immigrant who died in 2007 after

BC Appeal Court says inquiry can fault officers involved in Dziekanski death -VANCOUVER, B.C. – Dec 29,2009 The former judge conducting a provincial inquiry into the death of Robert Dziekanski can find misconduct against the RCMP officers involved.  The B.C. Court of Appeal upheld a lower court ruling today rejecting the RCMP’s argument that Thomas Braidwood had no jurisdiction to make the findings because his provincial inquiry doesn’t have authority over the federal force.  Braidwood warned early this year that he’ll consider whether to allege misconduct against the four officers involved when he writes his final report.  The RCMP took the issue to court, but the B.C. Supreme Court judge dismissed their claims. Dziekanski died after he was zapped multiple times with an RCMP Taser at the Vancouver airport in 2007.  The Polish immigrant had been acting erratically, throwing furniture and brandishing a stapler, after being stranded at the airport for hours.

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