Showing posts with label use of force. Show all posts
Showing posts with label use of force. Show all posts

Friday, 2 August 2013

When the Best Weapon is Time: The Case of Sammy Yatim

Early on Saturday, July 27th, 2013, a young man, named Sammy Yatim, was shot and killed by members of the Toronto Police Service. The amateur video of this event, captured by Markus Grupp, has been viewed hundreds of thousands of times by the public. This includes Toronto Chief of Police, Bill Blair, who offered a public comment on this incident. There will continue to be more details released about Yatim's shooting, including further amateur, or closed circuit, video recordings of aspects of this police encounter.

One thing that is fundamental here is the ubiquity of amateur footage capturing police operations. In some of the academic literature this is referred to as "sousveillance" and includes any kind of recording of police actions, either text or picture. We were first exposed to this reality in 1992 with the beating of Rodney King by members of the Los Angeles Police Department. Here was an early instance when the public at large was able to watch police going about their business. This particular footage indeed shocked viewers, including members of the police community. Notwithstanding the prior events, including anything provocative that Mr. King may have done when interacting with the LAPD officers, this was a brutal, vicious, and sustained abuse of force by individuals sworn to uphold the law. These events, and the not guilty verdicts that followed for the officers involved sparked serious and sustained riots in LA that sent further ripples throughout North America and served as a setback to race relations both in the United States and Canada.

What we may learn from the videotape, enhanced or otherwise, provided by Markus Grupp is only a partial account of this event in its entirety. Of course, there is information to be gathered from other eyewitnesses, bystanders, the driver of the TTC streetcar, and importantly, the officers involved in the shooting and those many officers who congregated at the scene after Mr. Yatim had been wounded.

A Toronto Police Association representative has noted that this videotape represents just a "slice of the pie" and there's much more to this story that needs to be addressed. This may be the case, however, it's an exceedingly weak analogy. Anyone, police officer or regular citizen, can make some quite reasonable assumptions about the entire "pie" from a careful examination of a single slice. For example, it's clear Sammy Yatim is the only person on the streetcar; all of the passengers, including the driver, have been able to safety exit the vehicle. It's clear there are at least two police semi-automatic weapons trained on Mr. Yatim as he stands near the front door of the streetcar. It's relatively clear that the officers involved are shouting commands to Mr. Yatim to drop the knife and not move. This has created a situation where neither the police, nor Mr. Yatim, have much room for de-escalation, or manoeuvring to safer ground. It's also reasonably clear that the police officer who fires the first shots at Mr. Yatim did so quickly and deliberately.

These circumstances may well benefit from further commentary and explanation from the officers and from the senior command of the Toronto Police Service (who are eminently able to speak to issues of training, policy, procedure, and law). These aspects will certainly be carefully reviewed and considered by investigators attached to the Special Investigations Unit (SIU), a provincial body established to provide independent scrutiny of events resulting death or serious injury involving the police across Ontario. They will also be given expert consideration within the Toronto Police Service as Chief Blair causes an internal investigation to take place in order to determine if there may be disciplinary charges against the officers involved in this event.

Amateur video-recordings have been pivotal during the review of a growing number of police-citizen encounters. The Rodney King beating has already been mentioned. In Canada the Robert Dziekanski case provided an essential part of the equation which led to the Braidwood Inquiry and compelled the RCMP to come to grips with its policies and practices around the use of Conducted Energy Weapons (CEW), also known as Electronic Control Devices (ECD). The G20 protest in London, England included an instance where an police constable on riot patrol forcefully shoved a man to the ground. Ian Tomlinson died as a result of this encounter with PC Harwood and this officer was found to have used excessive force contributing to Tomlinson's death. Harwood was removed from his job and the full details of this incident would not have come to light in the public forum without video footage supplied by a citizen to the Guardian newspaper.

In July 2013 two Surete du Quebec officers were videotaped beating a young Innu man in the community of Unamen Shipu. These pieces of footage become part of the chain of evidence that allow the public, and those charged with analysing and assessing the legality and reasonableness of instances of police use of force.

Increasingly, it has become important for the police to realize that many of the individuals they deal with on the streets are suffering from mental disorder or emotional disturbance. This is why many Canadian police services have Crisis Intervention Teams (CITs) that include specially trained officers, medical professionals, and/or mental health workers who can work collaboratively when dealing with such individuals. There are specific response strategies that may be deployed when comfronted by persons who exhibit different categories of behaviour. Indeed, a valuable online course is available through the Canadian Police Knowledge Network (CPKN) that deals with precisely this topic. It was designed with input from psychologists from Dalhousie University and covers a comprehensive range of topics for approaching the following categories of people:

  • Category R: Reality Impaired;
  • Category A: Antisocial, Argumentative, Abusers;
  • Category S: Suicidal & Depressed; and
  • Category ExDS: Excited Delirium Syndrome

Recent research and study has called into question the excited delirium label and some jurisdictions (e.g., Great Britain) do not use it at all when speaking about disturbed individuals.

There will be much more learned about the Sammy Yatim case in the coming days and weeks and, while exceedingly sad that someone's lost their life through this process, it will offer considerable food for thought for the Toronto Police Service, the Canadian policing community, and others as people come to terms with ways of dealing with such circumstances for safely and successfully.




Saturday, 20 July 2013

What's Good for the Goose...

What's Good for the Goose...

There has been some review of the legality of recording the actions of police officers when interacting with members of the public:

http://www.stltoday.com/news/local/illinois/u-s-supreme-court-rejects-illinois-effort-to-block-people/article_17e62e6a-ee48-52fe-92ac-3e0315892d31.html

In Canada, the public became much more aware of the persuasive power of videotaped, or otherwise recorded, police interactions with members of the public through the Robert Dziekanski incident. Here was fairly clear evidence (in the best sense of that word) that the RCMP officers arriving at this prolonged scene, acted with some degree of haste in their efforts to control Mr. Dziekanski. As we now know, Dziekanski died as a result of this interaction with the RCMP and the Braidwood Inquiry (Parts One & Two) have provided police, policy-makers, and politicians with substantial insights into the use (and abuse) of Conducted Energy Weapons (CEDs), as well as, surfacing organizational, operational and procedural difficulties directly relevant to the RCMP.

Whether it's referred to as 'citizen journalism' or simply a form of freedom of expression, it seems completely reasonable that members of the public should be permitted, perhaps encouraged, to record the actions of public servants who are tasked with the provision of public safety, law enforcement, assistance to victims, emergency response, and crime prevention. Police leaders across Canada speak in terms of their openness to increased accountability, integrity, professional standards, and transparency. Clearly, transparency is by its very nature a concept that countenances the capacity of citizens to record, retain, and reproduce the work done by police officers.

In the United States it should suffice to merely mention one name: Rodney King. The videotaping of the Los Angeles Police Department officers in their actions toward Mr. King made for compelling viewing and left little doubt as to the culpability of the officers involved. They also served to ignite riots in LA as a backlash to this particularly violent form of police brutality.

In the United Kingdom, the images captured by a bystander were of a local newspaper seller, Ian Tomlinson, being slammed from behind by a large constable. It was quickly determined that Tomlinson was disabled and his death sent some serious ripples through the community in response to this behaviour on the part of the police. As with the G20 protests in Toronto (Ontario), those which took place in London, England brought riot officers out in considerable numbers.



In the case of Ian Tomlinson, the events surrounding his death challenged the public's trust in the police. Ultimately, the conduct of the officer involved in Tomlison's death, PC Simon Harwood, was found guilty of gross misconduct and was relieved of duty. The Metropolitan Police were compelled to offer a public apology for this officer's actions. However, in a move that is analagous to the events surrounding the death of Robert Dziekanski in Vancouver as a result of multiple applications of a TASER weapon by the RCMP, the Metropolitan Police initially found no wrongdoing on the part of their officers and the Independent Police Complaints Commission (IPCC) were not told about witnesses to this incident for a considerable length of time and it was videotaped evidence provided by a member of the public which provided the leverage for decisive action.

Clearly, the police, as public servants, need to be protected in the pursuit of their lawful duties and activities. Accordingly, it seems appropriate the police officers should have access to the latest in recording equipment and technology to ensure that they are safe in their workplaces. However, it stands to reason that these same technologies should be available to the public for use when things go awry, as they did for Rodney King, Robert Dziekanski, and Ian Tomlinson.