Patrick D. Wagans, 42, of Valleyview, Ohio died on May 16th after being Tasered by police, thus becoming the 26th such North American fatality this year. More than 260 people have died after being shocked by the Taser weapon’s 50,000 volt output. Law enforcement officials generally attribute these deaths to so-called “excited delerium”, which is not a recognised medical condition. The controversy continues as, on average, more than one American dies every week after being Tasered.

Much has been said and written about the weaknesses of the civil justice system in this province. However, there’s nothing like being a litigant to make one realize that there has to be a better way…

Last Friday, I spent a day with the lawyers for two taxpayer-funded public institutions (the City of Vancouver and Province of British Columbia) quibbling over the amounts I was entitled to as costs after winning my personal civil case against them for violations of my constitutional rights back in 2002.

The chorus from a Social Distortion song kept running through my head:

“Yeah, yeah yeah…I’m chasing nickels and dimes

While the rest of the world passes me by

Nah, nah, nah… I’m just wasting my time

I’m just sitting here and wondering why”

M. Ness/Rebel Waltz Music (ASCAP) and J. Wickersham/Ogle Street Music (BMI)

…..

I wish I could report that the case is wrapped up. However, a full day was not enough to deal with my Bill of Costs, so we will all have to return for a further day’s hearing (at least) in about a month. As well, the Province appealed the trial judgment, so I will have to wait many more months before this is finally over.

To recap, on August 2, 2002, several Vancouver police officers handcuffed me and transported me to the Vancouver Jail, where I was strip-searched and imprisoned for the balance of the day. My car was located and impounded as well, but I was never charged with any offence.

All of this happened, according to the Vancouver police, because I “matched the description” of someone who was overheard saying something about throwing a pie at the Prime Minister…no pie was ever thrown by anyone, nor was one found. The Vancouver police refused to apologize for my treatment and even published media reports suggesting they were right to deal with me this way. After a six day civil trial, a BC Supreme Court judge disagreed and awarded me damages.

Yesterday, the Commission for Public Complaints against the RCMP announced that it had amended the chair-initiated complaint into the fatal shooting of Kevin St. Arnaud:

“Mr. Paul Kennedy, Chair of the Commission for Public Complaints Against the RCMP (CPC), the federal agency that provides independent civilian review of RCMP members’ conduct in performing their policing duties, has amended a complaint into the events related to the shooting death of Kevin St. Arnaud near Vanderhoof, British Columbia, pursuant to section 45.37(1) of the RCMP Act.

The inquest into Mr. St. Arnaud’s death occurred in January 2007. It became clear from evidence heard during the inquest that there are also issues relating to the adequacy of the original criminal investigation that need to be addressed as part of the Commission’s public complaint.

As such, Mr. Kennedy is amending his public complaint to add the following allegation:

Members of the RCMP failed to conduct an adequate investigation into the death of Mr. St. Arnaud.”

Kevin St. Arnaud

The coroner’s inquest jury heard evidence that RCMP constable Ryan Sheremetta, then 22, shot Kevin St. Arnaud, 29, three times in the chest from a distance of some 5.5 metres in the early morning hours of December 19, 2004. Kevin was intoxicated, unarmed, had his hands up and was holding only a white plastic bag and two plastic pill bottles just before he was killed.

Cst. Sheremetta testified he feared for his life and fired all three bullets from flat on his back as Kevin approached him in a menacing manner, shouting, “you’re gonna have to shoot me motherfucker”. However, his colleague Cst. Colleen Erickson, a twenty four year veteran of the RCMP, saw the shooting from nearby and testified that Sheremetta was standing “in a combat stance” when he fired the shots and that she did not hear the alleged threat. A civilian eyewitness reported that Sheremetta was standing just before the shots rang out, and that Kevin had his hands up in surrender.

The forensic evidence of three experts revealed that both men were standing, that Kevin was stationary just before he collapsed, and that the three fatal bullets entered his body in a downward trajectory of 30 to 40 degrees. The primary investigator, RCMP Staff Sgt. Glenn Krebs, conceded that he concluded in April of 2005 that there were “inaccuracies” in Sheremetta’s account , but his superior, RCMP Staff Sgt. Flath nonetheless subsequently advised Crown Counsel that there was “insufficient evidence” to support criminal charges.

Cst. Sheremetta reportedly remains on active duty with the RCMP in Kamloops, as does Cst. Paul Koester, who fatally shot Ian Bush in Houston, BC in October of 2005. Kevin St. Arnaud leaves three young children, his parents, two younger brothers and a sister.

Revelations emerging from the pre-trial disclosure motion in R. v. Basi et al bring back memories of Liberal MLA Paul Reitsma, who resigned in 1998 after it was revealed that he had penned letters to the editor using the nom de plume of Warren Betanko”, and prompted a series of questions in the legislature today, including this gem:

M. Farnworth: I didn’t mention the term “courthouse.” I didn’t mention the term “trial.” I didn’t even ask if these employees came from the firm of Haldeman, Ehrlichman, Dean and Mitchell. What I asked, Hon. Speaker…

There’s a pattern in this government of senior staff misrepresenting themselves in the public. We’ve seen it with Prem Vinning, we’ve seen it with the Deputy Premier’s assistant, and now we are asking questions about staff in the Premier’s office.
So my question once again to the Premier is this: can he assure this House, can he assure the taxpayers of British Columbia that senior communications staff in his office are not working on blatant, partisan media manipulation?

All questions in this vein were met with a similar response: “no comment, the matter is before the courts”.

It is more than a bit troubling to this writer that the government of this province may employ people who resort to juvenile tactics to manipulate the media and the public. For more on this, check out thetyee.ca or billtielemanblogspot.com.

It is becoming ubiquitous; the slogan, “The Best Place on Earth” is starting to appear everywhere-on provincial government letterhead, on its website and soon, on special licence plates issued by Olympic sponsor ICBC. How, and more importantly, why, did this happen?

The answer to “how?” is obvious; like most every B.C. government initiative, the change to the provincial motto is undoubtedly due to one of Premier Gordon Campbell’s whims. The answer to “why?” is less evident. What was wrong with “Beautiful British Columbia” as our provincial slogan? It was certainly much better than its offensive, presumptuous and embarrassing replacement. Maybe this is the government’s subtle way of telling us that once Mr. Campbell finishes with the province the old slogan will simply no longer be accurate.

Vanoc head John Furlong (with Premier Campbell) points to the bank balance of the average British Columbian taxpayer once the 2010 Olympic circus leaves town. (But the “Best Place on Earth” licence plates will be a nice parting gift).