'All for ourselves and nothing for other people' seems in every age of the world to have been the vile maxim of the masters of mankind. -Adam Smith "All the 'truth' in the world adds up to one big lie." Bob Dylan "Idealism precedes experience, cynicism follows it." Anon

Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

November 29, 2011

Sexual harassment in the RCMP and the failure to catch a serial killer

Chain The Dogma    November 29, 2011

Sexual harassment in the RCMP and the failure to catch a serial killer 


Rogue Cops: A few bad apples or a rotten barrel? - Part 2

by Perry Bulwer



The previous post on this blog concerned corporal punishment of children as an abuse of authority. For four years, from June 2007 to June 2011, I archived news articles at Religion and Child Abuse News  related to another type of abuse of authority, namely religiously motivated child abuse, which sometimes includes corporal punishment. I archived well over 3000 news articles on the subject, which represents only a small fraction of such abuse that occurred around the world during that period. I am certain that if I had focused instead on another kind of abuse of authority that appears in news reports almost daily, a similar archive would contain at least as many articles. I am speaking of police misconduct, and I touched on the subject in a previous post, Rogue Cops: A few bad apples or a rotten barrel Part 1.

In that article I used a few examples, one from California and one from Ontario, to support my contention that police misconduct, whether it is outright criminal behaviour or unethical, unprofessional conduct, is often indicative of systemic problems. In other words, the problem is not confined to just a few rogue cops, or 'bad apples', as organizations often describe problem members rather than admit to systemic failures. The larger problem is that the barrel itself is rotten, which inevitably creates more rotten apples.

I realize now that the reference to a rotten barrel in the title of this article and its predecessor is somewhat ambiguous, since it could refer to either all of the apples in the barrel or the barrel itself. In the original article I did attempt to clarify what I meant by that reference, writing:

If he was a bad apple, so were his superiors, which suggests the entire barrel was rotten. There are just too many cases of police misconduct (I'm referring to the U.S. and Canada) for it to be a matter of a few corrupt cops. The problem is rooted in police culture and training.

To be more clear, what I mean is that it is the barrel itself, and the barrel makers that are rotten. Professor Zimbardo's classification of evil activity is instructive here: "... individual (a few bad apples), situational (a bad barrel of apples) or systemic (bad barrel makers)".

And if you think 'evil' is too strong a word to use in relation to police misconduct, consider Zimbardo's definition of evil in The Lucifer Effect: Understanding How Good People Turn Evil:

Let's begin with a definition of evil. Mine is a simple, psychologically based one: Evil consists in intentionally behaving in ways that harm, abuse, demean, dehumanize, or destroy innocent others—or using one's authority and systemic power to encourage or permit others to do so on your behalf. In short, it is "knowing better but doing worse."

To abuse one's authority is to abuse the power, or perceived power, one holds over another, which is what misbehaving police do, and such abuse is evil. I think most people reading this blog will not need much convincing that police brutality is evil, but if you do need convincing just look at the photos in this article about a teen girl battered by a police officer in the back of a police car with two or three other police officers watching.

That the victim in that case is an Aboriginal woman in a town and province with a history of racist police misconduct ought not to surprise anyone. But police bigotry is not confined to race, as the current Missing Women Commission of Inquiry (the Inquiry)  is hearing from various witnesses. That Inquiry is examining the neglectful role of police forces, particularly the Vancouver Police and the RCMP, that enabled a serial killer  to continue disappearing and killing women, most of whom were street sex trade workers, for years after he was first identified as the prime suspect. I am very familiar with that case because I lived in the neighbourhood where many of the victims were working and disappearing from, and know all too well the disdain many police officers had for street prostitutes and their advocates. In fact, I told a parliamentary committee examining the issue of prostitution  how the police aided residents with the NIMBY attitude who organized to push prostitutes into a dark and dangerous industrial area, but that advocates such as the resident group I was working with were ridiculed and hampered in our efforts to protect women from the more dangerous aspects of street sex work.

While the police were still in denial that a serial killer was preying on vulnerable street workers, at least until he was finally arrested in 2002, those street workers and their advocates had every reason to believe the police were denying the obvious because of who the missing women were. The attitude of police, as well as many residents, towards street prostitutes and advocates trying to protect them from harm was the same attitude now being exposed by an RCMP whistleblower who has made damning allegations of sexual harassment within the RCMP  as well as claiming that police indifference towards the missing women  led to the bungling of the case and more murdered women. As I told that parliamentary committee, for example, at several meetings on this issue held in community policing offices in my neighbourhood I and other advocates were sometimes prevented from speaking and ridiculed by name calling such as "hooker huggers" (like environmentalists who are called "tree huggers"). I personally wore that as a badge of honour since I think trying to save a human is at least as noble as trying to save a tree, but the point is that name calling like that is intended to denigrate the other, to demean them, to dehumanize them, which is evil. And now the Inquiry has heard evidence from "... Vancouver police Deputy Chief Doug LePard, author of a 2010 report  critical of the Vancouver Police Department and RCMP, [who] admitted that former Vancouver deputy police chief John Unger referred to the dozens of missing women as “just hookers.""

That misogynistic, sexist attitude of the police regarding the dozens of missing women was not just confined to street sex trade workers. The RCMP whistleblower, Cpl. Catherine Galliford, who was the RCMP spokeswoman on the missing women investigations, has blown the door wide open on sexism and sexual harassment inside the RCMP. She has filed a formal complaint over 100 pages long with the RCMP, is planning to sue the RCMP, and will testify in 2012 before the Inquiry. Here is what Galliford has said about the sexual harassment she faced:

"Everything that came out of his [a supervisor's] mouth was sexual," Galliford said. "If I had a dime for every time one of my bosses asked me to sit on his knee, I'd be on a yacht in the Bahamas right now."

Galliford says she faced constant sexual advances from several senior officers from the moment she graduated from the RCMP Academy in 1991.

She outlines years of harassment in a 115-page internal complaint that the RCMP has yet to respond to, including allegations a supervisor on the Missing Women's Task Force lied to colleagues when he said they were intimate and that he even exposed himself to her.

"He said, 'I have something to show you' ... and pulled out an appendage. He wanted to show me his mole because he wanted to know if I thought it was cute," she said.

"I said, 'Let's go back to the office. We're late. Put it back in your pants.'"

According to Galliford, a supervisor on the Air India Task Force was even more direct.

"One of my bosses kept trying to be intimate with me throughout my time on Air India and kept on taking me on the road trying to have sex with me," she said.

"We don't have any new information to share with the Air India families right now, so why are we going on this trip? And no one said anything, but it was because he wanted to give the perception that we were a couple."

Galliford says the command and control structure at the RCMP means Mounties are instructed to do as they're told, or risk getting reprimanded.

"If they can't screw you, they are going to screw you over. And that's what it became like and so I started to normalize the harassment because I didn't know what else to do," she said.

"It just got to the point that after I had about 16 years of service, I broke. I completely broke."

In 2007, Galliford joined the ranks of 225 B.C. Mounties who are currently off duty on sick leave.

Obviously, her lengthy complaint contains many more details, but that brief account is enough to reveal a disgusting environment of sexism and abuse of authority. It is that kind of environment I refer to when I write of rotten police culture. Cpl. Galliford has also revealed some details of her planned testimony  before the Inquiry, exposing the indifferent attitude of police officers investigating the missing women case:

Cpl. Catherine Galliford, who was the RCMP spokeswoman on the Air India and Pickton investigations, said Thursday that police could have obtained a search warrant for convicted serial killer Robert Pickton years before they arrested the B.C. pig farmer.

She said she's read a 1999 Coquitlam RCMP file that nobody seems to be able to locate now.

RCMP Sgt. Peter Thiessen responded in a written statement, noting it would be inappropriate to comment on anything related to the inquiry.

"You know what? I'm not an armchair quarterback, I'm not," said Galliford. "Never have and never will be. But the minute I read that file I could have put everything together for another search warrant and nothing was done. It was concluded.

"I have to be very careful about what I say right now," she added. "I'm sure that when I testify on behalf of the missing women inquiry, I'll be able to be more forthcoming."

Galliford said the file she read included information that would have allowed police to obtain a search warrant for Pickton's farm.

She said the file had been "purged" from a 1997 file, noting a purge takes place when a file is too big so the information inside is carried over to another year.

"You had a lot of other potential suspects, but in this certain file, we had enough for another search warrant. He wasn't a potential suspect. He was a suspect and there is a difference in the police world."

Police consider a person a suspect, said Galliford, when they have found evidence and can put the person at the scene of a crime.

"At that time in the investigation, Pickton was the only one," she said. "There were potential suspects, but Pickton was the only suspect."

Cpl. Galliford places the blame for that failure of police to connect the dots, stop the killer sooner and save lives squarely on police indifference, in other words on police culture:

 Galliford says she saw numerous problems inside the investigation, including investigators who were more interested in padding their paycheques and drinking alcohol than catching a serial killer.

"They would break between noon and 2 p.m. PT to just drink and party and go for lunch, but then they would go back to work on Friday and claim double-time," she said Wednesday.

"There was a police indifference and that, I believe, is why it went on for so long [to catch Pickton], and why so many women lost their lives."

The indifference of the police towards the missing women -- denying a serial killer was on the loose; denigrating the missing women as "just hookers"; neglecting to follow up solid leads and making connections that were obvious to citizens and their own spokesperson -- is directly related to the misogynist attitudes directed at and exposed by Cpl. Galliford. If you have any doubt about that, consider these cruel comments that she was subjected to by fellow officers:

At Pickton’s trial, eyewitness Lynn Ellingsen gave key testimony that she saw Pickton hang a woman from a meat hook in his barn and gut her.

Ellingsen and Pickton had picked up the woman, whom Ellingsen believes was Papin, earlier that night in Vancouver’s Downtown Eastside.

RCMP Cpl. Catherine Galliford, who was the spokeswoman for the Missing Women Vancouver police and RCMP Task Force, revealed in an interview Tuesday with the Vancouver Province, and in a 115-page statement, that male officers told her they had a “fantasy.”

“They fantasized about Willie Pickton escaping from prison,” Galliford said in her statement to RCMP Insp. Paul Darbyshire and RCMP Supt. Dave DeBolt.

“He would escape from prison, track me down, strip me naked, hang me from a meat hook and gut me like a pig,” Galliford told the Vancouver Province.

Galliford, who emphasized she knows many police officers who cared deeply about the missing women, said only one other officer in the roomful of men seemed as shocked and horrified as she did.

At the Missing Women Commission of Inquiry on Wednesday, Vancouver police Deputy Chief Doug LePard, author of a 2010 report critical of the Vancouver Police Department and RCMP, admitted that former Vancouver deputy police chief John Unger referred to the dozens of missing women as “just hookers.”

What Cpl. Galliford reveals about the sexist attitude within the RCMP as well as the misogynistic indifference of those investigating the missing women case is beyond rotten and disgusting, it is truly evil. RCMP culture is rotten to the core if a room full of male officers can dehumanize a female officer with images of the gruesome slaughter of a serial killer's victim while laughing about it. If that is the attitude RCMP officers and their superiors have towards their own female members, then it is no surprise at all that their indifference and neglect in the missing women case led to the murder of more women. There is a direct link between sexual harassment within the RCMP and their failure to catch a serial killer of women. It turns out that many female RCMP officers have something in common with their sisters working the street. Apparently, some male officers and bosses do not discriminate when it comes to sexual bigotry, degrading women regardless of whether they wear a uniform or work the street.

In Part One of this article I used examples from both Canada and the U.S. to illustrate my contention that the problem with all police forces in those countries is not that there a few bad apples, or even a barrel of bad apples, but that the barrels themselves are rotten. My opinion that police culture is corrupt is informed partly by personal experience, but mostly through media accounts, not through any comprehensive investigation of policing issues. However, I think it is a conclusion easily reached by any casual observer of such matters. Nevertheless, I will give the final word regarding corrupt police culture to an insider who knows a thing or two about policing. Norm Stamper is a former Seattle police chief and outspoken board member of Law Enforcement Against Prohibition (LEAP). He is also author of Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing and he recently wrote an article for The Nation magazine titled "Paramilitary Policing from Seattle to Occupy Wall Street." He is an expert in these matters and he confirms my conclusions regarding rotten barrels. In a Democracy Now interview Stamper notes:

"There are many compassionate, decent, competent police officers who do a terrific job day in and day out. There are others who are, quote, 'bad apples.' What both of them have in common is that they 'occupy,' as it were, a system, a structure that itself is rotten. And I am talking about the paramilitary bureaucracy."

And in his article in The Nation he writes:

I’m convinced it is possible to create a smart organizational alternative to the paramilitary bureaucracy that is American policing. But that will not happen unless, even as we cull “bad apples” from our police forces, we recognize that the barrel itself is rotten.

UPDATE: December 10, 2011 

On December 8, 2011, Bob Paulson was officially sworn in as the RCMP's 23rd commissioner. He announced several 'get tough' measures to deal with sexual harassment allegations within the force. While they are positive steps which will help to prevent or properly punish future incidents, Paulson's quick dismissal of historic abuses and injustices calls into question just how serious he is at getting to the systemic roots of the problem.

He claims that discipline and accountability will be key under his watch, yet he appears to be avoiding any accountability for one particularly egregious case. It involves accusations of assault and sexual harassment by four female colleagues of Sgt. Robert Blundell in the late 1990s. Retired RCMP superintendent Ian Atkins conducted an internal review at the time, investigating how the case was handled. His conclusion then, and today, is that Blundell should have been fired. And a lawyer who was hired by the RCMP to prosecute Blundell in an internal hearing revealed recently that she was shocked when an RCMP superintendent flew in to negotiate a deal with Blundell. In the end, Blundell was only ordered to take counselling and fined one day's pay. He was later promoted.

In a media scrum after his swearing in ceremony, as well as in his first formal TV interview, Paulson said, "I like to think the Blundell case has been resolved," and that he didn't want to debate the decision. But the thing is, the case is not resolved for Blundell's four female colleagues who never received justice for the personal and institutional abuse they suffered, nor is the case resolved for the public or the RCMP because an injustice like this, committed by the very people whose duty it is to uphold justice, brings disrepute to not just the RCMP but the entire legal system.


Further media updates to this story, including coverage of the missing women inquiry and RCMP harrassment cases, will be added to the comments section below.



Related articles on this blog:


Rogue Cops: a few bad apples or a rotten barrel? Part 1


Aboriginal Teen May Be Charged with Assaulting RCMP Officer With Her Face


Constitutional expert says beware of coming Canadian police state


THE COMMENTS SECTION BELOW CONTAINS RELATED NEWS ARTICLES. IT HAS REACHED ITS LIMIT SO I HAVE PLACED ADDITIONAL NEWS REPORTS RELATED TO THIS ONGOING SCANDAL ON A SEPARATE PAGE OF THIS BLOG. GO TO:

http://chainthedogma.blogspot.ca/p/sexual-harassment-in-rcmp-and-failure.html



October 13, 2011

A modest proposal to end homelessness in Canada

Chain The Dogma       October 13, 2011

A modest proposal to end homelessness in Canada

by Perry Bulwer



Prime Minister Stephen Harper likes to boast that he represents a majority of Canadians and that "... Canadians are essentially conservative people."  It is a hubristic boast based on our flawed electoral system that gave him a majority government for the first time, but with only 61 percent of Canadians bothering to vote, and just 40 percent of them supporting Harper, he certainly does not represent a majority of Canadians.  Immediately after the election he declared,  "We must be the government of all Canadians, including those that did not vote for us", which would be most of them. Yet, Harper's first order of business with his new parliamentary majority is aimed at the unfounded concerns of a minority of Canadians, his conservative constituency. Relying on demagoguery and propaganda, Harper campaigned on promises to increase efforts to combat crime, including emulating failed U.S. programs such as mandatory sentencing and prison expansions, despite the fact that crime has been steadily decreasing for the past 20 years in Canada.

Harper doesn't like facts that don't support his ideological agenda, so he simply ignores the statistics of falling crime,  just like he ignores the facts of poverty in Canada. Four million people live in poverty in one of the richest countries in the world.  One million Canadian children, one out of seven, live in poverty. There are as many as 300,000 homeless citizens in Canada, and probably many more. Moreover, attempts to count them usually leave out those at risk of homelessness, such as those living in sub-standard housing or who disproportionally pay anywhere from 30 to 80 percent of their gross household income on housing. I say "attempts to count them" because Canada does not keep national statistics on homelessness, which the UN has criticized it for. Canada is the only G8 country that does not have a national housing strategy. Furthermore, Harper's government recently refused to accept the main recommendation of a Parliamentary committee to develop and implement a poverty reduction plan,  even though such a plan would cost society far less than the status quo.

Therefore, since Prime Minister Stephen Harper refuses to take any significant step to reduce poverty and homelessness in Canada, but is willing to enact unnecessary or unjust laws and build more prison space for an increased prison population put there by those laws, I propose that the homeless commit one of the victimless crimes that carry mandatory minimum sentences. They should then immediately turn themselves in and admit guilt, which will provide them with free room and board for the length of their sentence. Once that is complete they simply need to disobey the conditions of their release, or recommit the crime, if they are still in need of housing.

That's the perfect, final solution to end homelessness in Canada, housing them in all the new prison cells Harper is building. All it will cost the homeless is their freedom, but poverty and homelessness is a prison of a different kind, so loss of freedom in exchange for a dry bed and two hot meals a day may be preferable to dying a slow death on the street or in sub-standard housing. And depending on the prison, they will have access to recreational areas with TVs and games, exercise facilities or yards, educational opportunities and programs in a library, a medical clinic or hospital, various employment opportunities, counselling and religious services, and a visitor's area for entertaining guests. It is the ultimate in supportive housing.

But what will that type of 'supportive housing' cost tax payers? Stephen Harper, being a trained economist, should know that it is far more than it would cost to provide that homeless person with a decent home in the first place. Here are some numbers to put this all in perspective. Since Harper came to power in 2006, the cost of the prison system has risen 86 percent.  The cost per inmate per year is now around $120,000.  A homeless person costs society much less than that, but much more than if they were provided housing and intervention services, because of the disproportionate demand they place on emergency shelters and police, ambulance, emergency room and similar services, including the court system. Those costs can be around $42,000 for a homeless person in Calgary, as reported in a study by the National Council of Welfare (NCW), or as much as $55,000 per person per year in British Columbia, as cited in a report on homelessness by that province's Auditor-general.  On the other hand, that same B.C. report put the cost of supportive housing and social services for one homeless person at $37,000, while the NCW report says that those costs would only be between $13,000 and $18,000.

No matter which figures you use, providing decent housing for the homeless saves society around $20,000 for each person provided a home, and is around $100,000 cheaper than housing that person in prison. But beyond the financial costs, once the homeless and near-homeless are provided stable housing and food security, many are then able to turn the energy they expended on daily survival to more productive activities that will benefit themselves and their communities. While I understand that there are some programs and projects that are slowly tackling this issue, those efforts are inadequate for solving the problem. What I don't understand is why the federal and provincial governments do not make ending homelessness their top priority. I think it is safe to assume that all politicians in this country live in comfortable homes, while many of their constituents do not. If, as they like to brag, they are public servants, then why are they not fighting like hell to make sure that not one single Canadian is forced to live on the street or in sub-standard housing for one more night, let alone one more month or year? Homelessness across this country could be ended within a year or two if the same resolve and resources were poured into solving the issue as were spent for political summit meetings and sports events. Here's another less modest proposal than my 'prisons for the homeless' suggestion.

In 2010, the Federal government wasted over $800 million for two international summit meetings that accomplished nothing. Much of that cost was to protect the politicians from the citizens they supposedly serve.  It now intends on wasting at least $2.2 billion on prison expansion and other costs associated with Harper's new crime bill.  The federal government is also spending nearly $1 billion on removing asbestos from Harper's workplace and home.  That is $4 billion Harper's government has recently spent or will spend unnecessarily, at least when there are more urgent priorities. In British Columbia, the government recently spent $6 billion on the Olympics.  It has also spent over $500 million to renovate BC Place, a sports stadium. Neither the 2010 Olympics  nor the BC Place renovations will provide the economic benefits promised by politicians. In total, that is $6.5 billion that the B.C. government spent recently on projects that benefit only certain segments of society, but certainly not the poor. Together, these few projects I've mentioned cost over $10 billion. How far would that amount go towards ending homelessness within a year or two?

I am not a housing expert nor have I studied any research on homelessness and how to end it. My perspective on this issue is from the street level and my suggestions are simplistic, but that may be why they could work. We don't need anymore discussions, conferences, promises and planning, we just need action, now. I recently saw an advertisement for a used three bedroom mobile home for less than $30,000. That got me thinking. Since the government has access to any land it wants and has the buying power to gain savings through mass purchases, it could easily set up ready to live in mobile or container home  parks. If we take $30 thousand as the average yearly cost to society for each homeless person, and use that amount as the cost for each mobile or container home to house them, the $10.5 billion dollars detailed above would have bought 350,000 homes. The estimate I cited above is that there are around 300,000 homeless people, so my proposal would actually end homelessness in Canada, though the problem of those living in sub-standard housing would still need to be addressed.

The land for these new parks could either be crown land, so free, or expropriated land, which would have associated costs. However, the one time costs for the land and new mobile or container homes, as well as any ongoing costs for services such as sewer, water and electricity, could be covered by the housing allowance people on social assistance receive, which in the case of B.C. is $375 a month. If the government finds that amount insufficient for covering its expenses then it could simply raise that amount it provides for housing support. The B.C. government is not currently willing to raise that amount for the benefit of the poor, even though it is impossible to find adequate rental accommodations anywhere in the province for that price. However, if it were to become the landlord for these new homes for the homeless, perhaps it would wake up to how ridiculously low the housing support is.

Okay, I realize this is a simplistic solution, but if governments can come up with money for useless meetings and games during times of financial instability, why can't it come up with the same amount of money to house destitute citizens? When the roof on B.C. Place began to leak after a storm and needed replacing to protect sports fans from getting wet, the government somehow quickly found the money to renovate it, yet there is no money to provide a permanent roof for citizens sleeping on the street? There is plenty of money to remove asbestos from Stephen Harper's home and work place, to ensure that he and his parliamentary colleagues have a safe environment to work and live in, yet there is no money to ensure that the homeless have a safe, secure environment to live in? Governments frequently claim they have to pay top bureaucrats and CEOs of crown corporations huge salaries, benefits and bonuses because of their specialized expertise. So why can't those experts come up with solutions to quickly end homelessness? With no expertise or special knowledge, I came up with my solution in no time at all, and the government doesn't even need to pay me for the advice. At least under my modest proposal, the homeless will not have to live in Harper's prisons and they won't have to eat children to survive.

September 28, 2011

Aboriginal Teen May Be Charged with Assaulting RCMP Officer With Her Face

Chain The Dogma

Aboriginal Teen May Be Charged with Assaulting RCMP Officer With Her Face

She was handcuffed at the time, photos show her bruised and swollen face

by Perry Bulwer



I am being facetious with that title, of course, but this is no laughing matter. A 17 year old Aboriginal teen in Williams Lake, British Columbia who alleges, with supporting evidence and in the context of racist police misconduct in that town, that she was punched at least 6 times while handcuffed in the back of a police car, may be the one to face criminal assault charges rather than the police officer who committed the brutal assault.


 Jamie Haller

She had turned to the police for protection, but instead needed protection from the police. So far, we have photos showing how the police protected her by beating her, (see the video)  but no photos or any other evidence that has been made public of the harm or potential harm caused to the police officer she allegedly assaulted by force or threat. For all we know, she may have been merely blowing bubbles his way, which in Canada is enough to get you arrested for assault. Or the police could be lying, which wouldn't be the first time.





British Columbia differs from other jurisdictions in Canada in that it is not the police who formally lay criminal charges.  Instead, the police provide a report of the alleged crime to Crown council (prosecutors) who review the case and decide whether charges are warranted. Thus the title to this post, since as far as I know there have not yet been assault charges laid against anyone involved. But there should be and they should not be against Jamie but the police officer, unless he was acting in self defense. However, it is difficult at this point to see how punching a girl in the face several times could be an appropriate self defense response when she was handcuffed in the back of a police car and posing no danger to anyone in that situation.  But as usual in cases of police misconduct, it is the police who are investigating the police, whereas it ought to be an independent agency that investigates crimes allegedly committed by police officers, as the B.C. Civil Liberties Association calls for.

In the same news feed that alerted me to this case was another news report on the RCMP, this one concerning their soon to expire contract for services in British Columbia. The Federal government has given the Province an ultimatum to settle the negotiations and renew the contract or else it will withdraw the RCMP services. Perhaps that wouldn't be such a bad thing, given the attitude many RCMP officers seem to have towards the very citizens they are supposed to serve and protect. The only problem is that there is no guarantee any replacement force would be any better, because the problem with most police forces is not a few bad apples, but with systemic problems related to police recruitment, training, culture and oversight.

UPDATE  October 6, 2011

News stories of police brutality often turn out worse than first reported after a bit of investigating. The CBC reported yesterday that the RCMP officer who assaulted Jamie Haller, the aboriginal teen in the article above, had previously faced a disciplinary hearing for disgraceful conduct. He was reprimanded and fined five days' pay, so you might assume the incident was not too serious. You would be wrong.

Three years ago, Const. Andy Yung was part of a security detail at an international summit meeting of defence ministers in Banff, Alberta. While off duty Yung got drunk, got into a phone argument with an ex-girlfriend, and fired his gun into the ceiling of his hotel room. No one was killed or injured, but they easily could have been. Yung carelessly endangered the lives of others, yet his punishment was the equivalent of telling him what a bad boy he was and denying him his allowance for a week. Boys will boys, after all.

If that had been anyone other than a police officer, however, there almost certainly would have been criminal charges laid for reckless use of a firearm. Section 86 of the Criminal Code of Canada sets out the crime of careless use of a firearm and the prescribed punishment. Last I checked, the Criminal Code still applies to the police. While police officers ought to be held to a higher standard than other citizens, because of the special powers they have, they are often not even held up to the same standard as regular citizens, but are able to skirt the law through internal disciplinary processes. Recklessly firing his gun through a hotel room ceiling into the room above, especially considering he was drunk, ought to have been a massive red flag for Const. Yung's superiors and enough to have him removed from the RCMP,  or at the very least put him behind a desk for the rest of his career. He obviously had substance abuse and anger management problems, and a seriously bad attitude towards women. The RCMP brass failed in their duty to protect the public from an unstable constable, and Jamie Haller had to suffer as a result of their neglectful oversight, which supports the original conclusion I made in this post:  the problem with most police forces is not a few bad apples, but with systemic problems related to police recruitment, training, culture and oversight.

Criminal Code

Careless use of firearm, etc.

 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

Contravention of storage regulations, etc.
(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Actrespecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

Punishment
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two years, and
(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.


UPDATE  MAY 12 2012


<b>Williams Lake mountie pleads not guilty to assault</b>

By Monica Lamb-Yorski - Williams Lake Tribune
Published: May 02, 2012

Const. Andy Yung has pleaded not guilty to a charge of assault, following a Sept. 10, 2011 incident when 17-year-old Jamie Haller was alleged to have sustained injuries while in Williams Lake RCMP custody.

The plea was entered this morning, May 2, in Williams Lake Provincial Court.

The next court date is set for May 16 at 1:30 p.m., at which time trial dates are expected to be fixed.

Both Crown and defence have requested a trial time of five days.


http://www.wltribune.com/breaking_news/149856355.html


<b>Week-long trial dates set for court case involving Williams Lake mountie</b>

By Monica Lamb-Yorski - Williams Lake Tribune

Published: May 17, 2012

The trial dates have been set for the assault case involving Const. Andy Yung, who has pleaded not guilty to a charge of assault, following a Sept. 10, 2011 incident when 17-year-old Jamie Haller was alleged to have sustained injuries while in the custody of Williams Lake RCMP.

Yung will appear in court on Nov. 7 for a pre-trial conference with a judge regarding the confirmed trial dates of Jan. 21-25, 2013.

http://www.wltribune.com/breaking_news/151779625.html?mobile=true

UPDATE: APRIL 22,  2013

[note: this result is typical of the kind of systemic injustice Indigenous people in Canada face everyday]


B.C. Mountie cleared of assault of First Nations teen

Const. Andy Yung acted reasonably during arrest of Jamie Haller: judge

CBC News April 22, 2013

A Williams Lake RCMP officer who punched a First Nations teen in the face has been acquitted of an assault charge.

On Monday, the judge ruled Const. Andy Yung acted reasonably during the arrest of 18-year-old Jamie Haller in 2011.

Haller's mother, Martina Jeff, was expecting a different result.

"It's been a hard, long, year and a half. We thought we were going to get justice. And everything just didn't go the way we thought it was going to go. It affected Jamie, it took a lot out of her," Jeff said.

During the trial, Yung admitted that he punched Haller in the face while she was handcuffed in the back seat of his police cruiser, but said he did so because she was drunk and agitated and had wrapped her legs around his head.

Haller testified that the officer punched her more than six times, but the judge found her testimony to be inconsistent and evasive.

"What means most to me at the end of the day here is that the judge, in his careful deliberation, chose to accept the evidence of constable Yung,” said Insp. Warren Brown, head of the Williams Lake RCMP detachment.

“And that tells me that the evidence provided by Const. Yung was truthful, and regardless of the decision, that would be my biggest concern."

Yung has been on desk-duty since the charges were laid.

Brown says it is too soon to say whether or not the RCMP will conduct an internal review, or if Yung will return to active duty in Williams Lake.

Const. Yung has been in trouble before.

In 2008, while providing security at an international summit in Banff, he was involved in a drunken telephone conversation with his ex-girlfriend when he fired his service gun into the ceiling of his hotel room.

Yung was later cited for disgraceful conduct and docked five days pay.

http://www.cbc.ca/news/canada/british-columbia/story/2013/04/22/bc-haller-assault-yung-cleared.html


UPDATE: August 27, 2014 

Jamie Haller has now filed a civil suit against the city and three RCMP officers, including one who was acquitted of an assault charge. See the report posted August 27 2014 in the Comments Section below.

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Rogue Cops: a few bad apples or a rotten barrel?

Red Cross emergency mission to Indian reservation exposes Canadian apartheid

September 17, 2011

Stop Online Spying



The Canadian government is trying to ram through an anti-Internet set of electronic surveillance laws that will invade your privacy and cost you money. The plan is to force every phone and Internet provider to surrender our personal information to "authorities" without a warrant.

This bizarre legislation will create Internet surveillance that is:
  • Warrantless: A range of "authorities" will have the ability to invade the private lives of law-abiding Canadians and our families using wired Internet and mobile devices, without a warrant or any justification.
  • Invasive and Dangerous: The laws leave our personal and financial information less secure and more susceptible to cybercrime.
  • Costly: Internet services providers may be forced to install millions of dollars worth of spying technology and the cost will be passed down to YOU.



Sign the petition at: http://stopspying.ca 





Synopsis

Article 12 presents a sharp look at the current state of privacy and debates around the rights and desires of individuals, governments, terrorism and the increasing accessibility and use of surveillance.

The film is a thought-provoking exposé on our current obsession with voyeurism, surveillance technologies, power and control. Starting from our own private spying habits, Article 12 examines how vulnerable and exposed we have become in our relationship to each other and as a society and talks about those who are gaining from this condition. The film uses the twelfth article of the Universal Declaration of Human Rights to chart the current state of privacy around the world, arguing that without the right to privacy no other human right can truly be exercised. The film brings together the world’s leading academics, philosophers, cultural figures and technologists to highlight the devastating potency of surveillance and the dangers of public and individual complicity, and presents a growing movement fighting for the upkeep of our right to privacy.

Article 12 confronts these issues head-on to provide a powerful wake-up call as we sleepwalk into a worldwide surveillance society.


Related articles on this blog:



Constitutional expert says beware of coming Canadian police state




September 16, 2011

Prosecuting the Pope for Crimes Against Humanity

Chain The Dogma

Prosecuting the Pope for Crimes Against Humanity

If the systemic rape and abuse of children is not a crime against humanity, then what is?


by Perry Bulwer



A complaint recently filed  with the International Criminal Court (ICC) asking it to investigate crimes against humanity by Pope Benedict and three top Vatican officials faces some hurdles, but as a last resort it is a creative legal strategy. As Barbara Blaine, president of Survivors Network of Those Abused by Priests (SNAP), which initiated the complaint, stated:

We have tried everything we could think of to get them to stop and they won’t. If the Pope wanted to, he could take dramatic action at any time that would help protect children today and in the future, and he refuses to take the action.

Catholic apologists will take issue with that statement and insist the Pope personally, and the church in general, has taken action to protect children, but considering the actions taken in the U.S. and Ireland in that regard they are clearly insufficient, ineffectual, and undermined by the deception of bishops and directives from the Vatican. Long before Benedict became Pope,  he was well aware, as was his predecessor John Paul II,  that clergy sex crimes against children was an on-going problem for decades. But instead of doing the moral thing to protect children by exposing and reporting crimes by priests, Vatican policies were intended to protect the church by covering up abuses and transferring criminal priests to other parishes or countries, which led to many more children needlessly abused because of that institutional neglect and deception. That is the basis of the complaint to the ICC, as explained by Pam Spees, attorney for the Center for Constitutional Rights (CCR),  which filed the complaint along with SNAP:

The Vatican officials charged in this case are responsible for rape and other sexual violence and for the physical and psychological torture of victims around the world both through command responsibility and through direct cover up of crimes. They should be brought to trial like any other officials guilty of crimes against humanity.

However, given some of the legal obstacles the complaint must overcome before the ICC agrees to take on the case, Spees "conceded she was “not hopeful” the court would launch an investigation." That does not mean the complaint has no chance. There are various arguments that can be made to overcome some of the obstacles that might prevent the ICC from taking the case. Herman van der Wilt, professor of international law at Amsterdam University, identified two reasons why he thought the complaint does not stand much chance: crimes against humanity must be perpetrated by a State or state-like organization, and the ICC has no mandate to investigate crimes committed before July 1, 2002.

As a professor of international law, van der Wilt is probably smarter and more knowledgeable than I am on the subject, but it seems to me that the Holy See, which "refers to the composite of the authority, jurisdiction, and sovereignty vested in the Pope and his advisers to direct the worldwide Roman Catholic Church", does have international recognition as a sovereign state.

So too does Vatican City,  which meets all eight criteria  used to define an independent country. By that definition, Vatican City is also a sovereign State,  so either way the systemic crimes against children within the Church do qualify as crimes against humanity committed by a State, so I'm not really sure what the professor was thinking on that issue.

As for the obstacle of time, the fact that many of those crimes occurred before the ICC's mandate began in 2002 is a tougher one to overcome, but not impossible. Civil statutory time limitations for initiating sexual abuse claims  have worked mostly to protect the Catholic church from lawsuits, while denying victims justice. However, courts have sometimes suspended those time limitations temporarily in some jurisdictions to allow victims to sue within a specified period, or ruled them invalid in the case of some individuals with special circumstances. I am not suggesting the ICC has a mechanism for overcoming its prohibition against investigating crimes prior to 2002, just that clever arguments can be made to overcome that prohibition.

The scandal in Philadelphia  comes to mind as an example of how clergy crimes that occurred before 2002 could still be investigated by the ICC, indirectly. A grand jury report details how the Philadelphia Archdiocese allowed 37 priests credibly accused of child abuse to remain in ministry, and failed to inform the local and national review boards set up by the U.S. bishops to help keep them accountable. The head of the Philadelphia review board, Ana Maria Catanzaro,  said the archdiocese pre-screened which cases they reviewed, hiding problem priests, because it was more concerned about lawsuits and liability than protecting children. Although many of the crimes committed by those 37 priests occurred before 2002, the cover-up and neglect by Cardinals and Bishops continued long past 2002. In my opinion, the prohibition against pre-2002 investigations can be overcome with that or similar arguments. Besides, there are many cases after 2002 that the ICC could investigate.

The covering up of crimes by Bishops and Cardinals is a fairly straightforward argument to make with plenty of evidence to back it up. Certainly, the 20,000 pages of documents CCR lawyers submitted to the ICC to support their complaint contain some of that evidence. The other basis of the complaint is that the Pope and the other officials named in it had command responsibility, meaning that they are responsible for the crimes of their subordinates. Command responsibility has been used mostly in war crimes cases, since it is usually applied to organized groups like military, para-military or police units where there is an obvious chain of command. However, command responsibility can also be applied to a civilian state organization and the CCR lawyers have done an excellent job making the case that the Pope and the other church leaders are responsible for the systemic crimes against humanity committed by priests around the world. If you are not convinced, I urge you to read the full complaint and decide based on the evidence of horrific crimes provided within it whether or not you agree with Jeffrey Lena, the Vatican's U.S. lawyer who called the complaint a “ludicrous publicity stunt and a misuse of international judicial processes.” That is typical of statements by Catholic spokespersons and apologists, whether lawyers, church officials, or laypersons. But what is more ludicrous, abuse survivors and advocates fighting anyway they can to protect children and hold perpetrators and their enablers accountable to civil and criminal law, or spokespersons for a church that claims to be the moral authority for the world denigrating those survivors of horrific spiritual and physical abuse by priests, who represented God to them, as nothing more than publicity seekers? 
The Catholic Church and The Family International: popes and prophets who protect pedophiles


What the Pope should have said in his Easter sermon: "I did it. I was wrong. The buck stops here."




September 13, 2011

The Order of British Columbia is Out of Order


Chain The Dogma

The Order of British Columbia is Out of Order

by Perry Bulwer



The Order of British Columbia (the Order)  is an honour awarded yearly by an advisory council administered under Provincial legislation. The purpose of the award is "... to recognize persons who have served with the greatest distinction and excelled in any field of endeavour benefiting the people of British Columbia or elsewhere."

I don't usually give much thought to this award when it is announced, but a controversial appointee made me and many others  pay attention this year. I'm referring to the former Premier, Gordon Campbell,  who was convicted of drunk driving near the beginning of his tenure, which ended with him resigning in disgrace this year with a voter approval rating of just 9%,  making him the all time least popular Provincial Premier in Canada.


 Mug shot of Gordon Campbell in Hawaii after arrest for drunk driving


Many people objecting to Campbell's appointment base their arguments on a misunderstanding of the legislation, on the timing of the appointment or of its apparently political nature. But I think those arguments miss the main point, which is that Campbell simply does not deserve the honour, now or ever. Some people misread the legislation and thought Campbell was ineligible for the Order this year because he was nominated while still holding office. The first rule of statutory interpretation is to take the words in the legislation in their literal and plain sense as in a dictionary. Adjudicators first assess the common understanding of words and phrases, and in the case of the Order of British Columbia the Provincial Symbols and Honours Act states in section 17 (2):

A person who is an elected federal, provincial or municipal representative is not eligible to be appointed a member of the Order while that person remains in office.

It refers clearly to the appointment, not the nomination. Because of the confusion over that point, however, the Chief Justice of British Columbia, who is also the chairperson of the advisory council, issued a very brief clarification. He did not need to rely on any legal reasoning or citation because of that rule of interpretation. He simply wrote, without further explanation: “The nomination package for Mr. Campbell was received on March 10, 2011. Mr. Campbell was appointed to the Order of British Columbia on Sept. 2, 2011. At that time, he was not an elected MLA.”

Although Campbell was clearly eligible on that basis, some still object over the timing of the nomination. Campbell's tenure as Premier did not officially end until March 14, 2011, yet the nomination package for him was received by the advisory council on March 10, 2011. He had made public comments a few months earlier that he would be stepping down, still, the rush to nominate him is well out of order. Campbell is only the second of 35 B.C. Premiers to be appointed to the Order. The only other one, Bill Bennett, was not appointed until many years after he left office. So why the rush to anoint, I mean appoint, Campbell, especially given his mixed record? It smacks of political bias, which is another argument being made against the appointment.

Political columnist, Bill Tieleman,  points out that "... most members [of the advisory council]  have political or governmental connections to the former Campbell government." He goes on to highlight the political chicanery, scandals and corruption that occurred not only under Campbell's government, but involved two other persons receiving the Order this year who also are strongly connected to Campbell. Ken Dobell, Campbell's own former deputy minister who unethically deceived the citizens of British Columbia, and David Emerson, who notoriously and unethically deceived voters by switching federal political parties just days after being elected. As Tieleman writes: "... honouring Campbell, Emerson and Dobell is merely the latest manifestation of this entire province being out of order." Even if there was no actual political bias in the selection of appointees for the Order this year, there is certainly the appearance of bias. Either way, the prestige of the Order has been seriously diminished by the appointment of corrupt politicians, which casts a shadow over those ordinary citizens who were deservedly appointed over the years.

Although Tieleman, one of Campbell's most vociferous critics, complains of the hastiness and overtly political appearance of appointing Campbell to the Order, he does note that, "Regardless of Campbell's failings, he has made a long contribution to public service as a Vancouver councillor, mayor, MLA and premier." That may be accurate, but is a long contribution to public service enough on its own to be appointed to the Order? According to the legislation, appointees must "... have served with the greatest distinction and excelled in any field of endeavour benefiting the people of British Columbia or elsewhere." There is no doubt that Campbell has greatly benefited personally from his public service, but has his long public service benefited the people of B.C.? It all depends on who you ask.

It is difficult to imagine any poor person agreeing that Campbell's public service has benefited them. British Columbia has the lowest minimum wage in Canada, and for seven straight years had the worst child poverty rates in Canada, all thanks to Campbell's policies. Shortly after he took office, he began to wage a war, not against poverty, but against poor people. His government tightened the rules for social welfare eligibility, denying benefits to thousands of people and putting thousands of disabled people already receiving benefits through the unnecessary stress of requalifying. I know, because I've seen the fears and tears up close. Meanwhile, as Campbell increased corporate welfare for his business friends, poverty and homelessness increased.

Go ahead, ask those many thousands of British Columbia children who live in poverty thanks to Gordon Campbell if they think he deserves to be appointed to the Order, or if he deserves his appointment to the prestigious, cushy, lucrative post of High Commissioner to the United Kingdom. Ask the thousands of homeless and almost homeless people in B.C. what they think of the fact that Campbell will receive a government pension of around $100,000 on top of the nearly $200,000 plus free home and personal servants he will receive as Commissioner to the UK.  On the other hand, a single disabled person in B.C. receives only around $11,000 a year, (non-disabled get far less) with the housing portion of that amounting to just $375 a month. It is nearly impossible to find decent accommodation anywhere in the province for that amount. That means everyone receiving social assistance must either spend part of the money meant for food and other essentials to get a decent place to live, or live in sub-standard housing. Some choose or are forced to live on the street.

Instead of reducing poverty in B.C., Gordon Campbell's policies directly increased poverty causing untold misery for the very people he supposedly was serving. With service like that he shouldn't get a lucrative tip, like double-dipping into taxpayers pockets. I suppose the advisory council considers that serving with distinction and excelling in his field of endeavour. According to the Canadian Centre for Policy Alternatives, the status quo regarding poverty in British Columbia costs the government between 8 and 9 billion dollars a year, whereas a comprehensive poverty-reduction plan would cost between 3 and 4 billion dollars. So, not only did Campbell cause great harm to many thousands of poor people and their children, his neglect of those citizens cost the taxpayers of B.C. several billions of dollars each year he was Premier.

The advisory council who appointed Campbell to the Order ignored the facts of his dismal failure to help the most vulnerable citizens and lift them out of poverty during his public service, which in turn would have benefited all citizens. That ignorance gives credence to the claims of political bias in the appointment. But the council was not alone in rewarding Campbell despite his war against the poor. So too did the Prime Minister of Canada, Stephen Harper, who appointed Campbell to his UK post. That is really no surprise since Harper also ignores the poor. Around four million Canadians, including more than one in seven children,  live in poverty yet the Harper government recently refused to accept the evidence-based recommendations of a Parliamentary committee to develop and implement a poverty-reduction plan.  One in seven Canadian children  in poverty amounts to over one million poor children. It is a national disgrace for one of the richest countries in the world, yet Prime Minister Harper shows more compassion and concern for the welfare of cats  than children. His official website  demonstrates that clearly. The home page under Family Center provides information on how to foster or adopt pets, but nowhere can you find any concern for the welfare of a million children suffering the indignity of poverty.

The Order of British Columbia is awarded to any British Columbian (or former long-term resident) who has demonstrated outstanding achievement, excellence or distinction in any field. However, there does not appear to be any consideration of the moral and ethical standing of a nominee. At least no such consideration is set out in the legislation, and no relevant question is asked on the nomination form. If such things are considered, they are left to the discretion of the advisory council, chaired by the Chief Justice of the Province. Apparently, no one on the council objected to the facts surrounding the immoral, unethical, and at times illegal actions of Campbell, Emerson and Dobell. Nor did they see the apparent irony of appointing a homelessness activist in the same year as Campbell who helped create much of that homelessness. Of the fourteen people appointed to the Order of British Columbia this year,  only the three conservative politicians on the list had the ability to both benefit and harm the people of British Columbia. It is hard to see, for example, how Karen O'Shannacery of Vancouver, a tireless advocate for homeless people who was also appointed to the Order this year, could cause any harm to British Columbians in the way that Gordon Campbell and his political and corporate cronies did.

If ordinary citizens of British Columbia, not corrupt political, legal, or corporate elitists, could choose appointees to the Order, it is possible that they would still select Gordon Campbell, but I think it would be for the following reason.




UPDATE October 7, 2011


The induction ceremony for the Order of B.C. took place on October 4, and guess who didn't show up. Gordon Campbell not only didn't attend the ceremony, he refused to explain his absence. What does this mean? Does Campbell recognize that he doesn't deserve the honour, has declined his induction into the Order, and will return any medal or benefit that accompanies the award? Or does Campbell's absence and silence indicate he recognizes the controversy over his appointment, and fears attending the ceremony would do more to reignite that controversy than simply ignoring it would? If the reason he couldn't attend was a matter of an unavoidable scheduling conflict, then why didn't he simply instruct his office staff to respond with that excuse to inquiries? Whatever this snub and silence means, it is typical of how Campbell governed, so considering the source I suppose it is a  response we should have expected.

August 23, 2011

Rogue Cops: a few bad apples or a rotten barrel?

Chain The Dogma    August 23, 2011

Rogue Cops: a few bad apples or a rotten barrel?

The shocking cruelty of police towards a serial killer's rape victim


by Perry Bulwer





Last week I started watching the TV series, The Wire. Yes, I know I'm several years late, but that's how I watch TV these days. I wait for a series to conclude, then obtain the entire series to view at my leisure rather than conforming to broadcast schedules. It is also much easier to remember characters and plot lines from episode to episode and season to season that way. So far I've only watched the first four episodes of season one, but even though those episodes aired in 2004 they still seem freshly ripped from today's headlines.

I am thinking particularly of the depiction of incompetent, violent police officers and their corrupt superiors. Of course, such depictions are nothing new, corrupt cops being a popular Hollywood trope, but the real rogues are often worse than those fictional ones. The Rodney King incident in 1991 helped illustrate that fact in a way that was impossible for the police to cover-up. Police brutality and abuse of authority are as old as policing itself, of course, but until the advent of video technology they always had a way to cover up their crimes through collusion. They still do that today, but it is much harder when there is video evidence often taken by witnesses. That type of evidence of police brutality has greatly increased now that most citizens carry cell phone cameras with them. However, instead of dealing with the problem of rogue cops who abuse their powers, law enforcement officials seem determined to criminalize filming police in public places.

What's good for the police apparently isn't good for the people -- or so the law enforcement community would have us believe when it comes to surveillance.

That's a concise summary of a new trend first reported by National Public Radio last week -- the trend whereby law enforcement officials have been trying to prevent civilians from using cellphone cameras in public places as a means of deterring police brutality.

Oddly, the effort -- which employs both forcible arrests of videographers and legal proceedings against them -- comes at a time when the American Civil Liberties Union reports that "an increasing number of American cities and towns are investing millions of taxpayer dollars in surveillance camera systems."

Then again, maybe it's not odd that the two trends are happening simultaneously. Maybe they go hand in hand. Perhaps as more police officers use cameras to monitor every move we make, they are discovering the true power of video to independently document events. And as they see that power, they don't want it turned against them.

...

Law enforcement officials, of course, don't like the cellphone cameras because they don't want any check on police power. So they've resorted to fear-mongering allegations about lost lives. But the only police officers who are threatened by cellphone cameras are those who want to break civil liberties laws with impunity. The rest have nothing to worry about and everything to gain from a practice that simply asks them to remember the all-too-forgotten part of their "protect and serve" motto -- the part about protecting the public's civil rights.

In some jurisdictions, such as California, the law already shields violent police officers. Here's an excerpt from a recent investigative report  there:

March 21, 2009, was one of the bloodiest days in the history of the Oakland Police Department and California law enforcement.

...

[Sgt. Patrick] Gonzales would emerge from the day’s dramatic violence as a department hero; some colleagues nicknamed him “Audie Murphy,” the most decorated American soldier of World War II. But to many in the black and Latino neighborhoods Gonzales polices today, he has long been known as something else: a loose cannon. During Gonzales’ 13-year career he has shot four suspects, three fatally. “He’s left a trail of victims in his wake,” says Cathy King, the mother of one of Gonzales’ shooting victims, “but he’s [considered] a valued member of the police department.”

Multiple lawsuits alleging wrongful death, excessive force, illegal searches and racial profiling incidents involving Gonzales have resulted in $3.6 million paid by the city in settlement money. Law enforcement experts say he fits the profile of the “bad apple” minority in OPD that is responsible for most of the allegations of brutality that plague its relationship with the city’s communities of color. And the Board of Inquiry report on the bloody events of March 21, 2009, places significant blame for the carnage on Gonzales’ decisions.

Yet, Gonzales has been consistently promoted and deployed into sensitive situations throughout his career, and without public outcry. That’s because few know about either his record or his promotions. His extensive personnel file is today off-limits to the public, thanks to a dramatic rollback in the transparency of law enforcement records following a California Supreme Court ruling five years ago. The 2006 decision, in Copley Press v. Superior Court of San Diego, effectively classified all records of individual law enforcement officers, even those employed by contractors.

The arc of Gonzales’ career, from a patrol officer in the Eastlake neighborhood to a sergeant on the SWAT team at the heart of one of OPD’s darkest days, tells the story of a department’s broken accountability system, now pushed behind a wall of secrecy.

I do not buy the "bad apple" argument. If Gonzales was merely a bad apple, why did he keep getting promoted? If he was a bad apple, so were his superiors, which suggests the entire barrel was rotten. There are just too many cases of police misconduct (I'm referring to the U.S. and Canada) for it to be a matter of a few corrupt cops. The problem is rooted in police culture and training. I do not know how else to explain the brutal behaviour of Ontario police towards a woman bound, beat and raped by a serial killer.

A woman who was bound and sexually assaulted by her then-neighbour, Col. Russell Williams, says the police left her tied up for five hours after responding to her 911 call.

Laurie Massicotte says Ontario Provincial Police officers told her they had to leave her in the harness, fashioned by Williams, until an OPP photographer arrived to take pictures of her in the restraint.

"I was left for five hours, still in my harness, still tied up, naked, lying under a comforter," Massicotte, 47, told the Ottawa Citizen in a telephone interview Friday.

"Five hours, no medical attention. I was in total shock. I didn't know what the heck was going on."

The OPP, she said, treated her like a criminal in the early hours of the investigation.

One officer told her neighbour, Massicotte said, that police suspected she was trying to "copycat" what happened to another sexual assault victim in Tweed, Ont., 12 days earlier.

"It was really, really, really bad," she said.

...

Massicotte was blindfolded and bound. Her clothes were cut from her with a knife. She was forced to pose while Williams took photos.

The ordeal lasted 3 1/2 hours. Williams left her in a makeshift straitjacket — her arms were cinched to her sides — but she still managed to dial 911.

The police told her she would have to stay in the restraint until the ident unit arrived. When photos were finally taken five hours later, Massicotte said she was then allowed to put on a bathrobe, and taken outside for three more hours while police combed her house for evidence.

She went through a lengthy interrogation before an OPP officer "finally confessed to me that this similar situation happened 12 days ago and we didn't warn anybody about it."

After the incident, Massicotte said she felt violated and terrorized by Williams — and "betrayed" by the police. She said she now suffers from post-traumatic stress and anxiety.

To recap, Laurie was tied up, beaten, and raped for 3 1/2 hours by a serial rapist and killer. When police arrived an obviously traumatized Laurie was left naked and tied up for 5 more hours because they did not believe she was a victim, but instead thought she was a criminal. Then when they finally untied her she was forced to wait another 3 hours outside while police continued their investigation. So, her rapist abused her for 3 1/2 hours, but the police abused her for 8 hours. But that was not the final indignity. Not only did the police think she was faking her own assault, they had failed to warn her that a similar attack had occurred just two weeks earlier. That failure in their duty of care to Laurie will be one of the claims in her lawsuit against the police force.

So, is that a case of a few bad cops, or an indication of a systemic failure in police training and oversight? Could those police officers really not tell the difference between a traumatized sex assault victim in shock and someone merely pretending to be? Are they trained to assume everyone they deal with is a criminal until they can prove otherwise? It certainly seems so, as the Robert DziekaÅ„ski  case suggests. He was the innocent Polish man killed by police tasers in the Vancouver airport. They then tried to cover up what they did by giving false evidence. It was not just the four RCMP officers involved who colluded on their evidence and tried to mislead the investigation and inquiry. An RCMP spokesperson gave a false version of events to the public before anyone was aware that a witness had taken a video of the incident. No wonder police departments want to criminalize filming the police.

Post Script: I continued this theme of police misconduct in the blog post  "Sexual harassment in the RCMP and the failure to catch a serial killer" at the first link below.