Major media outlets are reporting that the Criminal Justice Branch is set to announce today that no criminal charges will be laid as the result of the death of Polish immigrant Robert Dziekanski on October 14, 2007. The decision, coming a mere 14 months after four police officers subdued the unarmed man at Vancouver Airport in an incident that was captured on film and broadcast around the world, comes as no surprise.

While the police treatment of Mr. Dziekanski certainly looked like a clear case of excessive use of force to many observers, the result of the investigation was ordained from the beginning.

In British Columbia, we still allow police officers to investigate themselves after they kill someone. The eminent former judge and legal scholar, the Hon. Roger Salhany, QC, recently described this approach as “a bad, if not intolerable, idea” (Report of the Taman Commission of Inquiry, Manitoba, 2008).

The police investigators generally spend a long time, not trying to make a case that will stick, but trying to create an airtight defence that will absolve police of responsibility for the death. Then, unlike conventional cases where the investigators recommend specific charges, they deliver a “neutral” report to Crown Counsel that contains no recommendations at all. Little wonder then that, as far as I can tell, no BC police officer has ever been prosecuted for a civilian death resulting from the intentional application of force in the 150 year history of this province.

In this case, the RCMP conducted a lengthy investigation into the incident that involved four of its members, even taking the time and trouble to fly to Poland to reportedly try to dig up dirt on the unfortunate victim. It will be interesting to see when and whether the investigators even interviewed the RCMP members involved, or whether they followed the usual practice of “debriefing” them and inviting them to contact legal counsel and submit a statement in writing at their leisure….

A public inquiry into the matter is set to resume in January.

Senator McCain is a brave and honourable man who was a worthy candidate for his party. But President-elect Obama will inspire millions, give hope to those who despair, and restore America’s reputation. It is an historic day!

…..

“There was perhaps no more profound way to slam the door on eight years of the Bush administration than to elect the first African-American to replace him. The symbolism is powerful; the history is breathtaking. We changed a lot more than our political orientation last night. The country finally grew up.

Something stirred us in a profound way. The disillusionment and disappointment of failed polices everywhere you look were the catalysts. Barack Obama was the spark. Watching him in Grant Park last night, it occurred to me that just like Hemingway was born to write and Tiger Woods to hit a golf ball, this man, Obama, was born to do this, to lead.”

CNN’s Jack Cafferty

Photo: AP

October 27 update: The inquiry into the death of Robert Dziekanski has been further postponed to January, 2009 to give the Crown more time to consider whether to lay charges in respect of the October 14, 2007 incident. Apparently, the prosecutors are awaiting further investigative material from the RCMP.

What a disgraceful reflection on our system of criminal “justice” that it takes more than a year to deal with a fatality captured on videotape!

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This from the Vancouver Sun, back on October 16, 2008:

“Crown wants more evidence on fatal YVR Taser incident

Neal Hall, Vancouver Sun

Published: Thursday, October 16, 2008

The Crown is seeking further materials before deciding whether charges are warranted against RCMP officers involved in a fatal incident a year ago when a Polish man was jolted with a Taser at Vancouver International Airport.

“We’re awaiting further materials, including expert reports,” Stan Lowe of the B.C. criminal justice branch said Wednesday. “Once we have those, we will continue to expedite the process.”

Lowe declined to provide an estimate of how much longer the charge assessment process may take.”

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Over a year ago, four burly armed men confronted a tired, confused and disoriented unarmed immigrant in a public place and immediately shot him with 50,000 volts of electricity from a “less than lethal” prohibited weapon. The whole incident was captured on videotape and everyone involved was immediately identified.

Why do those in our criminal justice system, supposedly one of the best in the world, need to take more than a year to decide whether the law may have been broken? Why should it take more than a year to decide whether to lay charges?

The answer is obvious.

In British Columbia, as far as I can tell, no police officer has ever faced a criminal trial in respect of a death occurring after the intentional application of force to a member of the public. To put it another way, police officers in BC enjoy immunities that the rest of us do not.

In the Dziekanski incident, any lawyer worth his or her salt will say that the videotape showed police using more force than was reasonably necessary to deal with the unfortunate Robert Dziekanski….

In my opinion, all this time is being taken, not to gather evidence to support a charge, but to gather evidence to support a decision not to lay a charge.

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Here, once again, is the outrageous and damning video evidence: