A. Cameron Ward Barristers and Solicitors » Cameron Ward
A. Cameron Ward
Vancouver BC
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Are the scales of justice tilted in favour of police officers?

Manitoba Premier Gary Doer has confirmed that he will call a public inquiry into a case that has enraged many residents of that province. Derek Harvey-Zenk, a former Winnipeg police officer who caused a fatal car accident after a night of drinking with his colleagues, will serve no jail time after a plea bargain was reached in his case recently. The sentencing judge was extraordinarily candid in expressing his concerns that the handling of the case afforded preferential treatment to the accused. A transcript of his reasons for sentencing can be accessed by clicking below:

Sentencing Transcript (PDF)

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With the Frank Paul Inquiry set to begin on November 13, the United Native Nations held a public forum yesterday to address issues arising from aboriginal deaths in police custody. The speakers included Grand Chief Stewart Philip (by video), lawyer Kelly MacDonald, pathologist Dr. John Butt, lawyer Cameron Ward, journalist Leonard Cler-Cunningham and Noel Tait, mother of sixteen year old Kyle Tait, who was shot and killed by police more than two years ago.

The outrage of the aboriginal community was palpable. Aboriginal deaths in police custody have routinely been whitewashed and covered up by the authorities, speakers suggested. The Frank Paul Inquiry may finally provide the community with an opportunity to expose how this happens.

Mr. Ward offered the following solutions to address issues of systemic bias and delay:

1) Have a civilian investigative team investigate every case of serious injury or death arising from the actions of police officers.

2) Since the vast majority of coroner’s inquests involve deaths in police custody, and most of those are deaths in RCMP custody, end the practice of appointing RCMP officers to the position of Chief Coroner.

3) Ensure that every coroner’s inquest is held no later than six months after the death.

Although these suggestions will undoubtedly fall on deaf ears, eventually this province will have to emerge from the dark ages if there is to be any meaningful chance for reconciliation with the aboriginal community.

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“A billion here, a billion there, pretty soon it adds up to real money”… Senator Everett Dirksen

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“…it’s going to run professionally. This will be built on time and on budget…Count on it.” Premier Gordon Campbell, November 8, 2004

According to the report of the BC Auditor General released today the Vancouver Convention Centre Expansion Project is now budgeted at $883.2 million, a mere $388,200,000.00 over the original cost estimate of $495 million.

The race is now on in earnest to determine which provincial government can waste more taxpayers’ money on a marine mega-project, Glen Clark’s NDP (fast ferries) or Gordon Campbell’s Liberals (convention centre). So far the NDP is ahead by a nose, having frittered away $435 million on the fast ferries. However, as the Auditor General pointed out, there is no guarantee that the total cost of the convention centre expansion will come in at $883.2 million, and there is over a year to go before all the bills are tallied up.

Can the Liberals bridge the gap of $47.2 million? I’d say, given the history of this project, with six increased estimates to date, it’s a lock. A better question is whether both governments can reach an even billion in taxpayers’ money wasted on these two nightmares. Senator Dirksen, may he rest in peace, would be proud.

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YVR Taser death

October 15, 2007 in Opinion

Two men died yesterday after separate Taser incidents. Donald Clark died in an Asheville, North Carolina hospital after being Tasered Saturday, while closer to home, the death of an unidentified man at the Vancouver International Airport (YVR) has been grabbing headlines. These latest deaths bring the number of people who have died in North America after being shocked with the Taser’s 50,000 volt output to at least 284. (By the way, a number of domestic animals, including a loose cow in Spokane, Washington, have also died after being shocked with the Taser, raising further skepticism about the police and manufacturer’s claims that the electrical output of these weapons is harmless.)

Although 16 people have died in Canada since April of 2003, there are still no independent safety testing protocols or standards in this country. Unlike hair dryers, toasters, electric fences or cattle prods, Tasers are not subject to any testing before being sold.

How were Tasers introduced into Canada without any public debate? The answer lies in the aggressive marketing tactics and dubious claims of the manufacturer, Scottsdale, Arizona public company Taser International Inc. Taser International enlisted police officers to help promote the “Thomas A. Swift Electric Rifle”, giving some of them stock options and cash payments for their efforts. Victoria, BC police officer Darren Laur, who wrote some early Taser endorsements, is one such police officer. Another police source has advised me that many police officers benefited from promoting the weapon, raising at least the spectre of a possible conflict of interest.

No wonder then, that the police are such advocates of this “less than lethal” device that inflicts excruciating pain and disables its victims. They will never say a negative word about the weapon, even as the death toll inevitably rises. That’s why independent and rigorous safety testing is needed…now.

….

The Canadian deaths:

1. April 19, 2003: Terrance Hanna, 51, Burnaby, BC (RCMP)

2. July 22, 2003: Clay Willey, 33, Prince George, BC (RCMP)

3. Sept. 28, 2003: Clark Whitehouse, 34, Whitehorse, Yukon (RCMP)

4. March 23, 2004: Perry Ronald, 28, Edmonton, Alta.

5. May 1, 2004: Roman Andreichikov, 25, Vancouver, BC

6. May 13, 2004: Peter Lamonday, 38, London, Ont.

7. June 23, 2004: Robert Bagnell, 44, Vancouver, BC

8. July 17, 2004: Jerry Knight, 29, Mississauga, Ont.

9. August 8, 2004: Samuel Truscott, 43, Kingston, Ont.

10. May 5, 2005: Kevin Geldart, 34, Moncton, NB (RCMP)

11. June 30, 2005: Gurmeet Sandhu, 41, Surrey, BC (RCMP)

12. July 1, 2005: James Foldi, 39, Beamsville, Ont.

13. July 15, 2005: Paul Saulnier, 42, Digby, Nova Scotia (RCMP)

14. December 24, 2005: Alesandro Fiacco, 33, Edmonton, Alta.

15. August 30, 2006: Jason Doan, 28, Red Deer, Alta. (RCMP)

16. October 14, 2007: Unidentified male, Richmond, BC (RCMP)

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Update: The dead man has been identified as Robert Dziekanski, 40, a new immigrant from Poland. He had no criminal record and had no drugs or alcohol in his system. A passerby took a video of the incident and gave it to RCMP investigators who told him they would return it the next day. The investigators have now refused to return the videotape.

Two more people have died after being Tasered-Donald Clark of Asheville, N.C. on October 14th and Quillem Registre of Montreal, Quebec on October 17th-bringing the total number of fatalities to 285.

……

An unidentified man died after he was Tasered by RCMP at the Vancouver International Airport early this morning. He is at least the 283rd person to die in North America after being shocked with the Taser’s 50,000 volt electrical output. Sixteen of those deaths have occurred in Canada since 2003, and the latest is the sixth BC fatality. The RCMP has been involved in eight of the Canadian deaths.

The police will investigate this incident themselves and clear the Taser of any responsibility, perhaps blaming the unfortunate man’s death on “excited delirium”, which is not a recognised medical condition.

The Taser was quietly introduced into Canada in 2000, without any public debate or prior independent safety testing. Although electric fences and cattle prods must undergo rigorous tests before being sold, the Taser is subject to no such control.

The list of Canadian fatalities:

1. April 19, 2003: Terrance Hanna, 51, Burnaby, BC (RCMP)

2. July 22, 2003: Clay Willey, 33, Prince George, BC (RCMP)

3. Sept. 28, 2003: Clark Whitehouse, 34, Whitehorse, Yukon (RCMP)

4. March 23, 2004: Perry Ronald, 28, Edmonton, Alta.

5. May 1, 2004: Roman Andreichikov, 25, Vancouver, BC

6. May 13, 2004: Peter Lamonday, 38, London, Ont.

7. June 23, 2004: Robert Bagnell, 44, Vancouver, BC

8. July 17, 2004: Jerry Knight, 29, Mississauga, Ont.

9. August 8, 2004: Samuel Truscott, 43, Kingston, Ont.

10. May 5, 2005: Kevin Geldart, 34, Moncton, NB (RCMP)

11. June 30, 2005: Gurmeet Sandhu, 41, Surrey, BC (RCMP)

12. July 1, 2005: James Foldi, 39, Beamsville, Ont.

13. July 15, 2005: Paul Saulnier, 42, Digby, Nova Scotia (RCMP)

14. December 24, 2005: Alesandro Fiacco, 33, Edmonton, Alta.

15. August 30, 2006: Jason Doan, 28, Red Deer, Alta. (RCMP)

16. October 14, 2007: Robert Dziekanski, 40, Richmond, BC (RCMP)

17. October 17, 2007: Quillem Registre, 39, Montreal, Quebec

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