'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 assault. Show all posts
Showing posts with label assault. 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



November 16, 2011

Corporal Punishment, the Abuse of Authority and the Rights of Children




Chain The Dogma   November 16, 2011

Corporal Punishment, the Abuse of Authority and the Rights of Children

Protecting children's rights protects human rights for everyone

by
Perry Bulwer


Abuse of authority is a theme common to most of the posts on this blog. It applies whether I am writing about corrupt religious leaders, corrupt politicians, or corrupt police, three groups I frequently criticize here. But there is another group of people I have not yet specifically written about that regularly abuses their authority. Those people, as you probably guessed by the title of this article, are parents who believe that corporal punishment is a just and effective way to discipline children. My first draft used 'spanking' in the title, but corporal punishment often involves far more than hitting just one body part. Here is what I wrote in the main article on the home page of my archive, Religion and Child Abuse News:

 Of course, there is an awful lot of physical child abuse that is not related to religion. Children are easy targets. But it is more than just sad when religion is used to justify assaulting children, it is immoral and criminal. Corporal punishment takes many forms ranging from slaps to torture. In my opinion, even a slap is an affront to the dignity of a child, or any human for that matter. Spanking children is not necessary. There are better ways to train children than hitting them, so why do believers who claim to have superior morals to those of unbelievers think it is okay to assault vulnerable children? If a slap is ok, why not a punch, or a beating, or a whipping, or water torture, or other tortures? Some believers don't know where to draw the line and children suffer or die.

Furthermore, the term 'corporal punishment' also applies to situations where no physical assault occurs, but where necessities of life are purposely withheld, such as forced fasting, sleep deprivation  or deliberate and prolonged exposure to the elements causing hypothermia, or other similar evils.

The words 'discipline' and 'disciple' are obviously related, and it is no surprise that religious people who believe it is their duty to make disciples of their children  are the most ardent supporters of corporal punishment. For example, some of the scriptures most often cited by Christians to justify assaulting their children are Proverbs 13: 24; 19:18; 22:6,15; 23:13,14; and 29:15.  Those verses encourage beating children with an instrument as the proper way to discipline or train them. While Proverbs 22:6  does not specifically refer to beating children, it does indicate that such training, or 'training up a child', is intended to instruct children in the right way or path according to that dogma, so that when they become adults they will not depart from it. In other words, Biblical corporal punishment of children is specifically directed at so thoroughly indoctrinating them with dogma that it becomes extremely difficult to escape it, even when they become adults. There is no choice or freedom for children imprisoned by such dogma, they simply must obey authority without question: do it because mommy, daddy, or God says so. Those children certainly have no freedom of religion, for they are told exactly what to believe, and threatened with punishment if they do not.

By the way, To Train Up a Child,  is the title of a very popular book among Christian fundamentalists that teaches them how to properly beat children. It was found in the homes of at least three families where children died as a result of the methods taught by its author, pastor Michael Pearl, who insists that the Bible gives parents authority to assault their children and violate their inherent human rights. Michael Pearl is an evil man. At least two of those murdered children were adopted, and may have been victims of the evangelical movement's use of international adoptions for the religious conversion of children.   Undoubtedly, there are many more victims we may never hear about.

Authority is synonymous with power, so to abuse authority is to abuse the power one holds over another. Such abuse is evil. In The Lucifer Effect: Understanding How Good People Turn Evil,  Philip Zimbardo wrote:

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."

Continuing with that theme, William Antonio Boyle, in a footnote to his essay on "Sibling Rivalry", wrote the following about abuse of authority (emphasis in the original):

Abuse of power or authority may be the prime source and true essence of moral EVIL - Evil is the ABUSE of power. Moral EVIL begins to exist when someone refuses to accept responsibility for the welfare of others, especially those naturally under his or her direct care. It can be said that someone has POWER, if that someone can decisively influence (the) reality (of others).

In this context, AUTHORITY is power that derives from a social accord or convention, such as the laws or customs of a social group such as a state or an organization. So then, what is "abuse of power"? ABUSE OF POWER is the illegitimate use of power.

ABUSE OF POWER is that situation that exists whenever someone who has POWER over others, (that is, the capacity to impose his or her will on those others) for example, by virtue of his or her superior mental dexterity, social position, physical strength, knowledge, technology, weapons, wealth, or the trust that others have in him or her, unjustifiably uses that power to EXPLOIT or HARM those others, or through lack of action, ALLOWS exploitation or harm to occur to them.

It follows that someone who does not have (a particular form of) power cannot abuse it. It also follows that the main (and perhaps the only) principle of human ethics and morality should be to avoid the abuse of power.

Obviously, parents have some natural authority and power over their children, but it is not absolute, at least not in a civilized society. Not only are there national laws forbidding parental neglect and mistreatment of their children, but the international community has recognized in various declarations, conventions and treaties that, unlike parents, the vulnerability of children requires they be given special rights and protections, as set out in the Convention on the Rights of the Child (the Convention),  which all nations have ratified except for the United States and Somalia.

Although the rights of parents and legal guardians must be taken into account when considering the rights of a child, that balancing act is always weighted toward the child since the primary consideration must be the best interests of the child (see Article 3). When articulating specific rights of children, the Convention also considers the developmental stage of the child. Those various considerations are also set out in Article 5:
Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

That article indicates that the rights and obligations of parents must be directed towards ensuring that their child is able to eventually exercise all of their Convention rights, which would be in the best interests of the child, though not necessarily the parents. The phrase "evolving capacities of the child" also appears later in the Convention in relation to religion. It recognizes that as children mature they are increasingly able to form their own thoughts, opinions and beliefs, and that their exercise of particular rights is on a continuum according to their maturation level. While parents "... have the primary responsibility for the upbringing and development of the child [t]he best interests of the child will be their basic concern." (Article 18) In other words, the authority of a parent over their child is not absolute, for not only is it limited by national laws related to child welfare, it must also be directed to ensuring the best interests of their child in accordance with their inherent human rights as set out under international law in the Convention.

Before getting back to the issue of corporal punishment, which the Convention addresses in Article 19, other Articles addressing the issues of freedom of speech and freedom of thought, conscience and religion are also instructive for determining the proper balance between parental and children's rights. Article 12 states:
Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

That article addresses a child's right to freedom of expression, and so does Article 13. Article 12 speaks to the obligations of States Parties, in other words, those governments that have ratified the Convention. The age and maturity of the child is specifically considered in that Article because it concerns all matters and decisions that affect the child. The more a matter effects the child, such as in a custody dispute, and the more mature the child is, the more weight given to their views on the matter. Moreover, while sub-section 2 indicates that although a child's right of free expression on matters affecting them is particularly important in judicial or administrative proceedings, the right is not confined to that. Article 13 clarifies that point by speaking directly to a child's right to freedom of expression, without any regard to parental rights or the maturity and capacity of the child.
Article 13

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Importantly, freedom of expression for children includes the right to "seek, receive and impart information and ideas of all kinds". And just as important, there are no specific parental restrictions on this right. However, this right may be violated by authoritarian parents more often than most others, except for the right to freedom of thought, conscience and religion. After all, it is rather easy to control a child's access to information and ideas, even in this information age. Books can be banned or burned,  access to university  and the internet can be denied, thoughts, opinions and facts  can be censored. Many religious people home school their children and many religious groups set up their own private schools for precisely that reason, but in direct contradiction to the principle of the best interests of the child. It is not in any child's interest to be denied their right to freely seek and receive information of any kind in any form. And it is also not in any child's interest to be denied their right to freedom of thought, conscience and religion, as set out in Article 14:
Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 14 is crucial for establishing the proper balance between parental and children's rights. Clearly, children have the right to freely form their own thoughts and conscience, and choose their own religious beliefs, or none. After all, freedom of religion for children, and for adults, would be no freedom at all if it did not include the right to be free from religion. Since parents also have the right to the same freedoms, it is inevitable that conflicts between those rights will arise. As it must and does throughout, the Convention sides with children. Sub-section 2 clearly states that the rights and duties of parents in this regard must not be directed towards protecting their own freedoms, but towards ensuring their children are able to exercise their personal religious rights in accordance with their evolving capacities. Anticipating objections from parents who only read the first few words in sub-section 2 and insist that their own religious freedom gives them a right to indoctrinate their children, sub-section 3 clarifies that the right to religious freedom is not absolute. A parent's right to religious freedom does not give them the right to deny that same freedom to their child, regardless of the child's age. Or, as the U.S. Supreme Court famously said:

Parents may be free to become martyrs themselves. But it does not follow they are free, in identical circumstances, to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves.

That quotation also touches on the principle of the "evolving capacities of the child" as well as the concept of a child's right to an open future. That is a right that is not specifically set out in the Convention, but is implied in this Article and elsewhere. After all, if a parent makes an irreversible religious decision on behalf of their child, such as to rely on faith alone and refuse necessary medical treatment  and the child dies, then that child has no future at all. Circumcision of both boys and girls  is another common example of a religious decision made by parents that causes irreversible harm to children. But even where death or injury does not occur, a child's right to an open future can still be easily denied them through indoctrination that cuts off their capacity for critical thinking  and ability to freely form their own thoughts, conscience and beliefs.

If a child is indoctrinated into a particular religious dogma by authoritarian parents from the earliest age, their right to freedom of expression and information denied through restrictive, narrow-minded 'education', and they are unaware of the full extent of their human rights, it becomes impossible for them to exercise those rights, either as a child or later as an adult. I have encountered countless believers who are so unaware of their own rights that they insist that religious freedom does not include the right to be free from religion. But if the right to freedom of religion has any meaning at all, it must mean that everyone, including children, is free to choose their own religious beliefs or none. When that freedom is denied to a child, it is also denied to the adult that child will become. Protecting a person's rights while they are a child is the only to way to protect that person's rights once they are an adult. That's what a child's right to an open future means, reaching adulthood with their capacity to exercise all their rights still intact. Protecting the full range of children's rights protects human rights for everyone.

Finally, we get to the heart of the issue of corporal punishment and children's rights in Article 19 of the Convention, which states:
Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

It could hardly be stated clearer than that. State Parties, that is every country in the world except the U.S. and Somalia, are required to take all measures necessary for protecting children from all forms of harm while in the care of their parents. In other words, children are vulnerable and therefore need protection from all forms of harm, even from their own parents or guardians. The question then becomes: does corporal punishment harm children? The American Academy of Pediatrics (AAP) does not endorse corporal punishment  for any reason because it is ineffective for changing behaviour in the long term. But there is also evidence that, even if a milder form of corporal punishment such as spanking does not cause physical harm it still causes emotional  and intellectual harm.

According to Zimbardo's definition of evil, any action that among other things demeans or dehumanizes others is evil, in other words, harmful. Corporal punishment, even in its mildest forms, certainly demeans the dignity of children, but even worse, it dehumanizes them. Long before Michael Pearl's book became a best seller on how to beat children into submission, James Dobson, another evil evangelist and founder of Focus on the Family, wrote a book in 1977 called Dare to Discipline, in which he "glorified a sadomasochistic/spiritual ritual of discipline." And in his 1992 book, The Strong Willed Child, Dobson compares beating children to beating dogs. After describing his efforts to make his defiant dog obey him, he writes: "Just as surely as a dog will occasionally challenge the authority of his leaders, so will a little child, only more so."  Not to be out done, Pearl writes in his book that he uses "the same principles the Amish use to train their stubborn mules".  To those evangelical child beaters and others like them, such as Bill Gothard,
children are mere chattel,  or personal property, akin to slaves or domesticated animals, without any personal rights. They are not just using dogs and mules as metaphors for how to train children, they are using exactly the same methods on children as they use on animals. If that is not dehumanizing, therefore evil, I don't know what is. And it is an evil they call good (Isaiah 5:20),  which makes it even more evil.

If you have followed any of the links here to news articles detailing the horrifying results of corporal punishment you will understand that referring to it as evil is not hyperbole. Some will object that my examples are all extreme cases and that most corporal punishment takes the form of mild spanks or slaps that do not cause physical harm, and therefore it is unfair to call that evil. However, as I have pointed out, growing evidence suggests that even that type of corporal punishment can cause emotional and intellectual harm, in violation of Article 19. Furthermore, consider the issue from a child's point of view and imagine what it must be like to have a giant human who is several times larger and more powerful in every way hitting you for reasons that may not be entirely clear to you. But because most corporal punishment is hidden behind closed doors, it can be difficult to imagine what corporal punishment is like for children, even after reading horrific accounts. So, here is a video, courtesy of a Texas judge,  who adjudicated dozens of family law cases, beating his teenage daughter with a belt. Now, imagine again that same brutality or even worse being applied to even younger children, and tell me that is not evil. By the way, the judge would have been criminally charged, but the statute of limitation had run out. That video contradicts claims by many advocates of corporal punishment that it is only used against young children, as do the well documented abuses in the 'troubled teen' industry of boot camps or similar behaviour modification programs.

I have used the ordinary meaning of 'assault' in this article to refer to physical blows by one person against another, but in most common law jurisdictions (where I'm writing from) the legal meaning of 'assault' refers to threats of harm to another, while actual physical contact is called battery. The point is, the law in those jurisdictions protects adults not just from physical violence but also from threats of violence. Even the most benign threats can attract criminal charges. For example, a Canadian police officer had a young female protester arrested for assault for blowing soap bubbles in his direction. So, if adults are protected from even the mildest forms of assault, why are children who are far more vulnerable not similarly protected? Of all the countries using the common law,  only New Zealand,  Kenya and Tongo are among the 31 countries that have enacted laws prohibiting all corporal punishment  of children, as Article 19 of the convention requires all parties to do.  In all other countries, including here in Canada, it is illegal to threaten or hit adults, but it remains legal to threaten and beat children, in direct contravention of their inherent human rights recognized in the Convention. And that is a crying shame.


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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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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.