Police need watching, say lawyers

Latest controversy renews calls for independent investigations

Lisa Gregoire and Chris Purdy, Journal Staff Writers
Wednesday 6 June 2001
The Edmonton Journal

Criminal trial lawyers and civil libertarians are renewing a call for independent agencies to investigate police in the wake of more controversy in the Edmonton Police Service.

On the heels of two recent deaths -- John Pavic and Kasim Cakmak -- which occurred during altercations with police, two officers have now been involved in a fiery traffic accident which has left two children seriously injured. One of the children is expected to die.

Lawyer Charles Davison said an independent body should handle the case because of its serious nature.

"It's a call the Criminal Trial Lawyers Association has made for many years. I would characterize it as fundamental," said Davison, former president of the association, who wrote a submission to that effect to the provincial government last fall.

"It's because of concerns we have that justice is done and is seen to be done.

"We simply cannot afford to leave regulations and discipline as strictly an internal matter."

Stephen Jenuth, president of the Alberta Civil Liberties Association, said: "I don't think anyone can have confidence this will be handled fairly."

According to witnesses, two tactical unit members in an unmarked car allegedly drove through a yellow light on the Yellowhead Trail and slammed into the car of Carlos Ramirez, who was turning left onto 121st Street. His grandsons, Giovanni and Jonathon Aleman, 7 and 6, were in the back seat and received severe burns and injuries.

Police said it appears from the wreckage that the officers were speeding. Supt. Bill Mowbray said traffic officers will investigate the accident, then forward the file to Crown prosecutors in Calgary and Edmonton to determine if charges should be laid.

Mowbray heads up the police service support division which includes both tactical and traffic units. He said there is no conflict with members of the same division investigating each other.

"I have every confidence in their ability," he said. "We will have an accurate and true investigation of this completed. There's no worries there."

Complaints against Edmonton police members are investigated by police internal affairs under direction from the chief. Complainants can appeal decisions to the Law Enforcement Review Board, an independent, quasi-judicial body. Complaints against the chief are dealt with by the Edmonton Police Commission.

In special circumstances, Alberta police agencies have the authority to ask outside agencies to investigate a matter, like when the Edmonton police brought in the RCMP to investigate complaints made against former chief John Lindsay.

Alberta Justice launched a review of the Police Act last October. That review is now being handled by the Solicitor General and is supposed to be completed this fall. Davison made a submission on behalf of the lawyers' association, a portion of which outlined concerns over police investigating themselves.

"The concerns which most often arise relate to the appearance and possibly the existence of bias on the part of the investigators who are, of course, looking into the actions and conduct of their own colleagues," he wrote.

He suggested Alberta consider something similar to Ontario's Special Investigations Unit, an independent body that investigates all cases of serious civilian injury or death involving police officers. The head of SIU has the power to lay criminal charges.

Solicitor General spokesperson Jean Olynyk said it's too early to tell whether government will propose changes to the act regarding civilian oversight of police.

David Finlay, co-chair of the Edmonton Police Commission, said the commission is currently examining how the police department handles complaints from the public.

"We should always look at whether or not the complaint system is an effective way of gauging the public's perception of police and whether the system really captures people's complaints regarding police conduct," Finlay said.

Excessive police force?
Lawyers want answers in deaths of 2 men

Lisa Gregoire, Journal Staff Writer
The Edmonton Journal
Wednesday 23 May 2001

Alberta's criminal lawyers fear police are using too much force too often, and want to know when, how and under what circumstances Edmonton police tactical members are deployed.

To find out, the Criminal Trial Lawyers Association will seek intervenor status in a fatality inquiry expected to be called by Alberta Justice regarding the May 16 shooting death of John Pavic by an Edmonton tactical squad member.

"The question is, number one, is it necessary to use the tactical team?" said Terry Glancy, president of the CTLA.

"What are the guidelines? We would hope for some recommendations from the fatality judge."

Glancy said he doesn't know the details surrounding Pavic's death and it will be up to the inquiry judge to determine the facts.

Police are unwilling to discuss the case in advance of the inquiry and efforts to speak with a tactical unit member regarding protocols were unsuccessful Tuesday.

But Dave Finlay, vice-chair of the Edmonton Police Commission, the appointed board that oversees the police service, said he was unaware of any rise in aggression by tactical or regular police officers.

He is unfamiliar with the tactical deployment policy but if an inquiry discovers problems or gaps, the commission would work out a new policy with the chief, he said.

"We're not aware specifically of the exact policy and generally speaking we wouldn't need to be, but we are confident, and we've been assured, the deployment of tactical is done selectively," said Finlay.

"We certainly have confidence in them but we, too, will follow the fatality inquiry with interest."

Tom Engel, another member of the CTLA and a frequent critic of Edmonton Police, said lawyers have seen an increase in the number of their clients who allege excessive force by police.

Charles Davison, another Edmonton defence lawyer who has several cases before the courts regarding excessive force, said the public needs full disclosure of police procedures, especially in light of Pavic's death.

"The approach used to be the case where they calmed people down and talked people down first. Police may well have to use force and sometimes even deadly force. But I think we have to ensure they are kept to a minimum.

"We are seeing it happen when it doesn't involve people who are a clear-cut danger to others or police or themselves."

Engel proposed meeting the commission to discuss lawyers' concerns five months ago but was referred back to police. He didn't want to talk with police.

"We have a growing suspicion that the police commission is part of the problem," Engel said. "We've been raising these concerns and people seem to be turning a blind eye. There seems to be an infatuation with these tactical units. People need to realize they could be next."

Finlay said the commission interpreted Engel's December correspondence as a service complaint and, under the Police Act, such a complaint is first reviewed by police. If a complainant is unhappy with the results, he can appeal to commission.

"We're not shutting the door on Mr. Engel," said Finlay. "There's a route it has to go."

Alberta Justice is expected to set dates for inquiries into the deaths of Pavic, 31, and Kasim Cakmak, 37, a schizophrenic man who died in handcuffs after he was pepper sprayed by police.

The CTLA will be requesting intervenor status in that inquiry as well. The inquiry judge decides whether to grant intervenor status based on guidelines in the Fatalities Act.

Police facing more unstable suspects, criminologist says

Lisa Gregoire and Chris Purdy, Journal Staff Writers
The Edmonton Journal
Thursday 24 May 2001

People who think city police look for confrontation are mistaken, says a local criminologist.

If officers are resorting to force more often, it's because they are dealing with more unstable people, says Keith Spencer, at the University of Alberta. [hey, how much did they pay him to say that?-ed]

"We are increasingly using the criminal justice system to process mental-health cases," he said. "As long as we use the police as our line of first response -- people that 20 years ago would be in an institution are on the street -- we can expect increases in these cases."

Within four days last week, two people were killed during altercations with police. One was a schizophrenic man, Kasim Cakmak, who was pepper sprayed by police and then died.

John Pavic, who was reportedly drunk, was shot dead by police after he lunged at a tactical officer with a knife.

Alberta Justice is expected to call fatality inquiries to determine the facts of each case. Pavic's family has been quoted as saying he was depressed.

Some lawyers allege city police, especially its 27 tactical members, are turning to violence more than in the past.

"I don't think the police want to shoot people. I don't think they want the hassle that comes with it and ... the pressure from your colleagues in the police service is very much against the guy who is abusive and uses an excess response," Spencer said.

Tactical unit Staff Sgt. John Visscher said: "Two tragic deaths have happened here and it affects my members significantly. I'm feeling right now for the members of the families."

Tactical responds to high-risk incidents, involving armed people but also go to regular calls. In the Pavic shooting, six tactical members responded.

Some residents in the building where Pavic was shot say police endangered them by not evacuating the man's neighbours.

"A stray bullet could have come through our wall," said Jason Cormier. "It was a gross mishandling of the situation."

Police Chief Bob Wasylyshen said police did not expect a violent confrontation.

The Criminal Trial Lawyers Association said it wants tactical's protocols discussed in an inquiry.

But Spencer said modern policing is not clear-cut and the level of response will depend on specific factors of each incident.

"No two situations are the same so you are always trespassing into the unknown," he said.

"I don't think you can write the foolproof rule book where the outcome is so unpredictable."

TACTICAL UNIT

When formed:1974.

Number of members: 27, consisting of three squads of nine officers -- one supervisor, two snipers and six entry men.

Average number of times per year in the past four years tactical has been deployed for a high-risk situation where the suspect is armed and dangerous: 46.

Average number of calls per year in the past four years tactical assists other units: 493.

Annette Bidniak, Edmonton police spokesperson, said she has no exact figures, but there does not appear to be more public complaints lodged against tactical than against regular members.

Edmonton Journal Opinions

Tragic deaths call for review

Friday 25 May 2001

The deaths of two citizens at the hands of police on two separate occasions in the last month raise some disturbing questions.

The circumstances of each death are very different. A mentally ill man, Kasim Cakmak, a familiar face at a downtown recreation centre, died after being pepper sprayed. The other, a very drunk, knife-wielding John Pavic, 31, known to his neighbours, was alone in his apartment when he was killed.

Both cases are tragic for the families who lost loved ones, and very difficult for the well-intentioned police officers involved. But in the public's mind, there are questions about whether these deaths needed to happen. Fortunately, fatality inquiries in the coming months will help shed light on what happened and what could be done to prevent such deaths.

Meanwhile, the seriousness of the situation -- the unintended loss of lives -- demands a more immediate response from the authorities involved. The public would be reassured if police and mental health officials indicated they will re-examine their own procedures to see what could be done to avoid what in both cases turned out to be excessive, although unintended, use of force.

Consider the Cakmak incident. The mentally ill man had attended a community living program downtown three times a week for two years. Family members said that in the past they had been called when Cakmak's behaviour became a problem. This time, police were called and no one told the family Cakmak was being transferred to Alberta Hospital.

Police said they might have acted differently if they'd been given some basic information -- Cakmak's mental condition, his lack of English, his intense fear of police in uniform.

Why wasn't there better communication ? What about calling the family? Was there no other way to subdue the man?

Four days later, police were called to John Pavic's apartment by the drunk man himself and concerned neighbours.

When police found him locked in his apartment, they obtained a search warrant. They thought they had disabled Pavic with a taser gun, but Pavic lunged at them with a knife when they went into the apartment. In terror for his own life, an office pulled the trigger. It's unclear how many shots were fired.

"Would they (citizens) expect the officer not to use force and allow himself to be killed?" says Chief Wasylyshen.

Of course not. The officer was clearly in fear for his own life and had to defend himself.

The more appropriate question for the chief to address is, why did the situation escalate to this level of violence? Police had taken time to phone the man to persuade him to come out. Why didn't they just wait him out?

It is also unclear just how tactical squad officers got there in the first place. Is there no formal procedure for assessing when the specialized officers are sent out? Have police widened the situations when they are used?

City defence lawyers concerned about the excessive use of force now say they intend to raise these issues at the fatality inquiry. That's a helpful step. The public needs to know under what circumstances citizens will face the fullest force that law officers carry.

Edmontonians have great confidence in their police force. Just last fall, its fine work saved the community from a gun-wielding man near the university.

Because these two recent fatalities are so much the exception, they deserve a thorough review by both authorities and the public. The intent should be to ensure that the community and its official agencies do all they can to prevent unintended deaths of difficult people caught up in crisis situations.

Find better way to help mentally ill

Wednesday 30 May 2001

I am a mother and have been a sister, daughter, and daughter-in-law to relatives who have suffered from psychiatric disorders including alcoholism. I have many friends and acquaintances who have varying degrees of depression, bipolar disorder, and schizophrenia. I am aware of the increasing high rate of mental illness in modern society.

The Journal has called for a review of the recent tragic deaths of Kasim Cakmak, who suffered from schizophrenia, and John Pavic, drunk at the time, but possibly suffering from depression.

I am in agreement with the editorial writers that the public needs some answers from police and mental health officials as to why these two men ended up dying.

But I also believe some out-of-the-box thinking needs to be done by the Alberta Mental Health Board and the police if people with mental illnesses, their families and friends, are to feel safe and secure in the future.

The provincial government has a surplus of money, so can it not provide the funding to train and put into place emergency response teams able to professionally deal with incidents involving the mentally ill?

Wild animals running amok in the community are put down with tranquilizer guns and moved to safer places. This appears a humane practice. Why can't a humane practice become the norm for people with psychiatric disorders?

Thanks to the Journal for providing excellent coverage about these very tragic events.

Elenor Smith, Edmonton

Police review is welcome

The Edmonton Journal
Saturday 23 June 2001

Police Chief Bob Wasylyshen has given an important nod to the public's concerns about police accountability. He will hand over to the RCMP for independent review the report on the horrific Yellowhead Trail car crash involving two police officers.

The public has never been comfortable with the police investigating themselves. For that reason, it is unfortunate Wasylyshen didn't call in the RCMP from the start rather than after the evidence has been gathered by city officers about their colleagues. The crash, in which a speeding unmarked police car ran into a second car, left one boy dead and another seriously injured.

Still, the chief has now done the right thing by calling in the RCMP. The action shows that he is willing to pay heed to concerns of the larger community.

The last two months, with three civilian deaths involving police officers, have naturally raised many questions about police procedures. The incidents present an important test of police accountability and the effectiveness of civilian oversight in representing the public's interest -- a public that still has a lot of confidence in the police force.

The police commission recommended such an independent review earlier, according to chairwoman Kathy Grieve. Unfortunately, Wasylyshen initially rejected that advice. Grieve now says she's satisfied that the force is being accountable.

Still, more permanent changes are needed to guarantee accountability in future situations involving police. It is encouraging to see some are being considered.

The Alberta Association of Police Chiefs is currently looking at a policy to require an outside review whenever an officer is involved in death or injury of a citizen. This could be a very helpful reform, assuming it includes the transparency that citizens need. To be effective, any independent review must be made public, as well as any follow-up action taken by a chief resulting from a review.

Currently, the police have no formal obligation to review their procedures or conduct when their actions go awry. Fatality inquiries, still months away, will look at the case of shooting deaths of a drunk-knife wielding John Pavic and the fatal pepper spraying of mentally ill Kasim Cakmak.

The Edmonton Police Commission has also taken a positive step by saying it will join with police to review ethical standards in all departments, including the tactical squad members involved in the Yellowhead car crash and the Pavic death. It is an important part of the commission's job to provide community input into standards of police behaviour. (A few months ago, the commission turned down a request from city criminal trial lawyers to examine concerns about whether police were too quick to use excessive force).

A third element in ensuring accountability of our police is to return city councillors to the police commission. Elected representatives bring a broader point of view, as well as a missing element of democratic oversight and an avenue for the larger community to bring concerns.

A more formal, open process into questionable police procedures and conduct will not undermine public confidence in the police. To the contrary, it will increase confidence for the public to know police are accountable and responsive to public concerns. And it will prevent the cynicism bred of thinking the police get special treatment.