Today "252
" News and Relevant News on "252
" as Parts
Keyword: 252
Century Park Law Group - centuryparklawgroup.com
News Center
HCCH Monthly Update: April 2024
Meetings & Events From 8 to 12 April 2024, the Working Group on Parentage / Surrogacy met for the second time. Pursuant to its mandate, the Working Group continued its consideration of draft provisions for one new instrument on legal parentage generally, including legal parentage resulting from an international surrogacy agreement. More information isThe European Parliament’s last plenary session & Private International Law
This post was written by BegA1/4m Kilimcio?lu (PhD researcher), Thalia Kruger (Professor) and Tine Van Hof (Guest professor and postdoctoral researcher), all of the University of Antwerp. During the last plenary meeting of the current composition of the European Parliament (before the elections of June 2024), which took place from Monday 22 until Thursday 24 [â¦]Ficticious service still active outside Europe
With the EU Service Regulation being active for more than 20 years, and the Hague Service Convention being ratified by almost all European countries, there is little space for practicing fictitious service of proceedings in Europe. However, for service to third countries outside Europe, and especially to continents, such as Africa, Asia, and the Middle [â¦][Out Now!] New Open Access Book on Corruption and Investment Arbitration: Nobumichi Teramura, Luke Nottage and Bruno Jetin (eds), Corruption and Illegality in Asian Investment Arbitration (Springer, 2024)
CfP: 5th German Conference for Young Researchers in Private International Law (14/15 Feb 2025 in Heidelberg)
On 14 and 15 February 2025, the 5th Conference for Young Researchers in PIL will take place at Heidelberg University. It will be dedicated to the topic of âDigital transformation and Private International Law. Local connections in boundless spacesâ and feature a keynote speech by Christiane Wendehorst (University of Vienna). After statute theory, Savignyan PIL [â¦]Cross-border enforcement of judgments against states a jurisdiction-by-jurisdiction guide
TheApplication of Singaporeas new rules on service out of jurisdiction: Three Arrows Capital and NW Corp
Application of Singaporeas new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (aROC 2021a) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussedCall for papers workshop Collective Actions on ESG
For a workshop on collective actions on ESG toics that will take place in Amsterdam on 21 and 22 November 2024 a call for paper has been posted, deadline 1 July 2024. As a follow-up from the 4th International Class Action Conference in Amsterdam, 30 June â 1 July 2022, the University of Amsterdam, Tilburg [â¦]Pax Moot Court and Half day conference on Dispute Resolution in Private International Law
On Tuesday 23 April theNo role for anti-suit injunctions under the TTPA to enforce exclusive jurisdiction agreements
Australian and New Zealand courts have developed a practice of managing trans-Tasman proceedings in a way that recognises the close relationship between the countries, and that aids in the effective and efficient resolution of cross-border disputes. This has been the case especially since the implementation of the Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement, [â¦]Review: 2015.5 Volvo V60 T5 AWD Cross Country
Way back in 1998, Volvo introduced a variant of its V70 wagon that has since become nearly as iconic as the Volvo Wagon itself: the Cross Country.A The intervening years saw nomenclature changes eschew the âCross Countryâ name, simply calling the vehicle V70 XC, and then XC70.A Seventeen years later, Volvo has revived the Cross Country nameplate [â¦]
The post Review: 2015.5 Volvo V60 T5 AWD Cross Country appeared first on Autosavant.
Armchair Executive: Is There A Market For An Analog Luxury Car?
This is the weekly series where you, the Autosavant commentariat, are invited to take the reins of the auto industry, for at least as long as it takes you to write a comment. Itas all the responsibility, with none of the compensation! Being a child of the 1980s, it shouldnat come as any surprise that [â¦]
The post Armchair Executive: Is There A Market For An Analog Luxury Car? appeared first on Autosavant.
Armchair Executive: Where Should We Move Our U.S. Headquarters?
This is the weekly series where you, the Autosavant commentariat, are invited to take the reins of the auto industry, for at least as long as it takes you to write a comment. Itas all the responsibility, with none of the compensation! Scarcely a month after being appointed president of Cadillac, Johan de Nysschen (formerly [â¦]
The post Armchair Executive: Where Should We Move Our U.S. Headquarters? appeared first on Autosavant.
Review: 2015 Subaru Legacy 2.5i Premium
Back in 2009, I had the chance to review the all-new fifth-generation Subaru Legacy, and the vehicle I reviewed was the 2010 Subaru Legacy 2.5i Premium. Six years later, I found myself behind the wheel of the sixth-generation 2015 Legacy 2.5i Premium, which is all new for 2015 model year. As with the previous generation [â¦]
The post Review: 2015 Subaru Legacy 2.5i Premium appeared first on Autosavant.
Armchair Executive: What New Safety Feature Would You Push To Be Mandatory In The US?
This is the weekly series where you, the Autosavant commentariat, are invited to take the reins of the auto industry, for at least as long as it takes you to write a comment. Itas all the responsibility, with none of the compensation! Almost a year ago plus a couple days, the National Highway Traffic Safety [â¦]
The post Armchair Executive: What New Safety Feature Would You Push To Be Mandatory In The US? appeared first on Autosavant.
Armchair Executive: Why Even Bother With Auto Shows?
This is the weekly series where you, the Autosavant commentariat, are invited to take the reins of the auto industry, for at least as long as it takes you to write a comment. Itas all the responsibility, with none of the compensation! Scarcely a couple of weeks before opening day, news outlets received a terse [â¦]
The post Armchair Executive: Why Even Bother With Auto Shows? appeared first on Autosavant.
Armchair Executive: What Would You Do If The New Car Market Imploded?
This is the weekly series where you, the Autosavant commentariat, are invited to take the reins of the auto industry, for at least as long as it takes you to write a comment. Itas all the responsibility, with none of the compensation! I grew up in a household which, by and large, respected the value [â¦]
The post Armchair Executive: What Would You Do If The New Car Market Imploded? appeared first on Autosavant.
Armchair Executive: Which Untapped Future Automotive Segments Are Ripe For The Picking?
Iad like to introduce a weekly series where you, the Autosavant commentariat, are invited to take the reins of the auto industry, for at least as long as it takes you to write a comment. Itas all the responsibility, with none of the compensation! We live in interesting times. Converging automotive technologies (like drivetrain electrification, [â¦]
The post Armchair Executive: Which Untapped Future Automotive Segments Are Ripe For The Picking? appeared first on Autosavant.
NAIAS 2015 Day One Recap
Day one of the 2015 North American International Auto Show (or NAIAS, or the Detroit Auto Show) is behind us, and weâve racked up a significant number of steps on our FitBit (13,462 and counting as of this writing) and have seen some awesome cars. You can get details from the press releases and other [â¦]
The post NAIAS 2015 Day One Recap appeared first on Autosavant.
Book Review: Incredible Lego Technic Cars, Trucks, Robots & More
Editorâs Note: I have always loved Legos and have built hundreds of models over the years. I have shared that enthusiasm with my sons, ages nine and seven. When offered a chance to reviewA Incredible Lego Technic Cars, Trucks, Robots & More by Pawel âSarielâ Kmiec, I thought it would be fun to have my nine [â¦]
The post Book Review: Incredible Lego Technic Cars, Trucks, Robots & More appeared first on Autosavant.
Are the police receiving adequate training on mental illness
On February 3, 2012, a Toronto police officer shot and killed Michael Eligon, who was believed to be mentally ill. Eligon was admitted to Toronto East General Hospital on January 31, 2012 for a mental assessment and was supposed to be picked up by his foster mother on February 3, 2012. He walked out of the hospital in his hospital gown and walked around the neighbourhood looking confused and disoriented. He also had two pairs of scissors he took from a convenience store nearby. He attempted to enter into a number of homes and a few people called the police. The police arrived and an officer shot at Eligon three times when they finally found him, with one of the shots hitting and killing Eligon.
This was a complete shock to the neighbourhood and brought an array of questions regarding the police and the adequacy of the training they receive on dealing with people who have a mental illness. Neighbours raised their concerns since these incidents keep occurring, as exemplified by the cases of Charlie McGillivary and Sylvia Klibingaitis that happened last year.
Charles McGillivary was unable to speak due to a childhood accident and communicated through sign language with his mother and used a handful of words only she could understand. He collapsed and died while being arrested by police. They mistakenly took him for another suspect and due to his large frame and the fact that he couldnat speak, they took him down while arresting him. McGillivary fell into medical distress and was later pronounced dead at the hospital. He was walking with his mother when this occurred and the police wouldnat listen to her pleas that he was mentally ill and couldnat speak.
Sylvia Klibingaitis struggled with schizophrenia, bipolar disorder and psychotic delusions. She had apeak anxietya during the weeks prior to her death, and she made a 9-1-1 call for help during a mental crisis. She told the operator that she had a knife and that she was going to commit a crime. According to the S Investigations Unit (SIU), Klibingaitis burst out the front door with a large knife in her right hand when a police officer approached her home. The officer backed away from the house toward the curb. As she followed him toward the curb with knife in hand, he pulled his gun from its holster and repeatedly yelled, aPut the knife down!a She refused and moved closer. The officer fired three times. One bullet hit the garage door and another struck her in the chest, killing her.
The SIU was contacted in both cases, and in both cases the police officers were cleared of any wrongdoing.
It seems that front-line police officers are coming into more contact with people who have mental health issues, but they receive very little mental health support and training. On the Canadian Mental Health Association website, it states that a study by the London Police Department showed that between 1998 and 2001, the number of hours uniformed police spent dealing with people with serious mental illness doubled from 5,000 to 10,000. The same study showed that calls involving people with mental illness took up to $3.7 million of the $43-million London Police Department budget in 2001. The study also showed that the increase in calls was for minor nuisance crimes or no crime at all, and that violent crime among people with serious mental illness was actually decreasing.
In a resolution passed in June 2003, the Ontario Association of Chiefs of Police recognized that "the inadequate funding of community mental health services has resulted in vulnerable individuals being at risk of increased contact with the police and increased involvement in the criminal justice system."
Deputy Chief Michael Federico said all Toronto officers are given mental-health training each year when they have two days of use-of-force training. It includes instruction on how to calm situations down verbally and realistic role-play scenarios that mimic responding to someone with a mental illness. Additional training varies by specific job and the year, he said. Police in Halifax and York Region have adopted an intensive 40-hour training program, developed in Memphis, Tennessee. The program takes officers to a mental-health ward and gives them extra verbal techniques.
Mr. Pritchard, a retired co-director of Christian Peacemaker Teams is calling for existing crisis teams, which pair a mental-health professional with an officer, to be available throughout the city, 24 hours a day. As of now, they are available in 10 of 17 policing divisions for 10 hours a day. In Hamilton and other jurisdictions, such teams are available at all hours.
This leaves us asking a lot of questions regarding how equipped the police are in handling situations that involve the mentally ill. An important aspect to think about is the way in which those with mental health issues are viewed by others and if they may automatically be viewed as violent by the police. It begs the question of whether this is an issue of inadequate support and training, or a bias on the part of the police when it comes to handling interactions with those who are mentally ill. Many people believe that the police are treating people with mental illness like criminals and that something needs to be done in order to prevent further needless deaths of mentally ill people at the hands of the police.
It is important to prevent the criminalization of the mentally ill, which seems to be a big issue. A report by the Canadian Mental Health Association, BC Division, estimates that the percentage of mentally disordered offenders currently in jails and prisons range from 15 to 40%. This is a serious problem that needs to be genuinely addressed by the police. What solutions do you suggest for improving the ways in which police handle situations concerning people with a mental illness? Is more training required or should police receive more educational awareness regarding mental health matters, or both? As interactions between the police and the mentally ill increases, we will see if our concerns are going to be adequately addressed or not.
Posted by Ada Vrana (Windsor Law I)
Windsor Police Officers found not guilty of discreditable conduct in investigation of Dr. Abouhassan case
Two Windsor police officers Paul Bridgeman and Patrick Keane have been found not guilty of charges of discreditable conduct in connection to a complaint made by Windsor resident Dr. Tyceer Abouhassan. Charged under the Police Act, the two Staff Sergeants were accused of trying to broker a deal with Dr. Abouhassan to drop charges laid against the doctor in exchange for him to drop charges laid against a Windsor detective resulting from an altercation.
Though charges were eventually dropped against Dr. Abouhassan, Det. David Van Buskirk is set to go on trial this June following an outside agency charging him with excessive use of force, discreditable conduct, unlawful arrest and deceit for making a false record.
Adjudicator Morris Elbers, a retired OPP superintendent, oversaw the Police Act hearing and concluded the prosecutionas case against the two Staff Sergeants failed to meet athe standard of clear and convincing evidence to make a finding of guilta.
The adjudicatoras 12-page decision stated that the investigation launched by the Office of the Independent Police Review Director relied largely on the testimony of Abouhassanas lawyer, and on the notes of those involved. Elbers commented that the lack of any notation by officer Keane on a meeting with Abouhassanas lawyer was adistressinga, and described officer Bridgemanas notes as being adismala. Elbers further commented that Abhouhassanas lawyer admitted to omissions made, and that the lawyer aconcluded that all the meetings with the officers were ethicala.
In response to the case, the adjudicator stated that Windsor Police should put in place policies to guarantee this does not happen again, and suggested requiring police of superintendent rank or higher be present during meetings between police and defence lawyers. He stressed the importance of properly recording such meetings, a procedure necessary ato preserve the integrity of the investigation and the transparency of the organization.a
Elbers further suggested Windsor Police take aa hands-off approach when a member of their service is charged criminallya, and stated the department ashould be enacting policy to prevent this situation from arising again.a
Acting Windsor police Chief Al Frederick stated that the department atakes all allegations of police misconduct very seriouslya, however he expressed that he was pleased with the adjudicatoras decision.
The allegations against the two Staff Sergeants stems from an altercation between Dr. Abouhassan and Det. Van Buskirk outside the Jackson Park Medical Centre on April 22, 2010. Abouhassan has filed a $14.2-million claim against the Windsor Police, claiming he was beaten and seriously injured by Van Buskirk as a result of mistaken identity and was then wrongfully charged by Windsor Police in an alleged attempt to protect their own officers.
Posted by Ben Dillon (Windsor Law I)
New Rules for Web Surveillance under Bill C-51
The Conservative government has introduced a law that will increase police power in monitoring Internet-surfing of Canadians. Bill C-51, titled aan Act to enact the Investigating and Preventing Electronic Communications Act and to amend the Criminal Code and others Actsa, would require Internet Service providers (ISPs) to install and use equipment allowing the police easier access in monitoring and viewing stored Internet-surfing history of their clients. Under Bill C-51 the police would have the power to have ISPs collect and preserve Internet surfing data for anyone suspected to be engaged in criminal activity without requiring a warrant.
Bill C-51 will also allow police to more easily activate cellphone tracking mechanisms to track the whereabouts of suspected criminals. While cellphone tracking of suspected terrorists can currently be performed for up to 60 days, the new law would allow police to track suspected terrorists for up to one year.
Public Safety Spokesperson Julie Carmichael claims that the new measures are aimed to bring our laws into the 21st century, and will provide police with the tools needed to do their job. She wrote: aRather than making things easier for child pornographers and organized criminals, we call on all Canadians to support these balanced measuresa. She stated Bill C-51 follows policies adopted by Sweden, the United States, Australia and Germany, and claimed the Bill astrikes an appropriate balance between the investigative powers used to protect public safety and the necessity to safeguard the privacy of Canadiansa.
Many advocates of Internet-privacy - including the privacy Commissioner of Canada, have expressed fear over the Billas impact on civil liberties, and have warned the government not to adopt the bill on the grounds that it would lead to serious infringements of civil liberties. Opponents of the Bill have claimed that the new laws would allow police to obtain personal information on suspects at any time without first obtaining a warrant, while the current law allows police to bypass warrants only in emergency situations.
In response to the proposed Bill, the Canadian Association of Chiefs of Police (CACP) claimed the law will be difficult to justify, stating they acould not find a sufficient quantity of credible examplesa for an older version of the legislation.
In defence of Bill C-51, Public Safety Minister Vic Toews stated that opponents of the Bill were aputting the rights of the child pornographers and organized crime ahead of the rights of law-abiding citizensa. In response to Toewsa, federal Privacy Commissioner said in a recent letter to Toews that she sees no valid arguments to justify legislating these new surveillance powers over the Internet. In 2009, then Public Safety Minister Pete Van Loan cited kidnapping where police had to wait 36 hours to obtain a warrant as evidence of the need for Bill C-51. However in rebuttal, digital policy expert Michael Geist revealed that the incident did not involve any requests to ISPs by police for customer data.
Posted by Ben Dillon (Windsor Law I)
Can Racial Profiling be Eradicated in Montreal?
A couple months ago, a Quebec Superior Court ordered a new trial for Joel Debellefeuille, who refused to show identification when stopped by Montreal police. The police report pointed out areasonsa for the stop including the fact that the car belonged to a man by the name of Debellefeuille but the person they had stopped was a black man who did not acorrespond at first sight to the ownera. The report also stated that Debellefeuille sounded like a Quebecois family name and not a name of another origin. Finally, the intercepting officer specifically wrote that the primary reason he stopped Debellefeuille was because of his race.
Cases like this one - coupled with the fact that in the first half of 2011 they received 10 complaints against the Montreal police force for racial profiling a caused the Quebec Human Rights Commission to create a report with 93 recommendations to address racial profiling and discrimination in Quebec.
As a result, Mayor GA(c)rald Tremblay and Montreal police chief Marc Parent have outlined a azero tolerancea policy surrounding racial profiling with the goal of having a better understanding of vulnerable groups in society. The proposal calls for equal access to jobs, housing and social programs as well as monetary aid from the Province to help fight poverty and the resulting issues that arise from it. The Mayor also stresses the responsibility that the public has in making Montreal a more tolerant community. At a press conference on the new initiative, Mayor Tremblay spoke of Montreal as an example of multiculturalism and stressed that, aProfiling in any shape or form is unacceptablea.
However, there is valid concern that the plan, press conferences and statements, however well intentioned, will end up simply being symbolic and ignoring both the root causes of profiling while also failing to provide consequences for when it occurs. For instance, Fo Niemi, director of the Centre for Research Action on Race Relations commented on the policy stating that, aThe real skepticism lies in the position of the Police Brotherhood Union on racial and social profiling, and how it will work with the police management team to equip all officers with better management skills to police a diverse city. To date, the position is not clearly articulated where the plan of action is concerned.a
Niemi says that two recommendations specifically would have an immediate impact. First, that Montreal police revise the tactics being used by their anti-gang unit, which, he says, has been known to target young black men as being suspected of being gang members. The second is that Montreal police alter their policies regarding incivilities, which can include any public conduct deemed to be uncivil such as talking loudly, jaywalking or spitting in the street. The willingness of police to stop and fine people for these actions give them the leeway to go after a broad range of people as they choose.
The effectiveness of the azero tolerancea policy will depend on willingness at all levels of policing to keep an open mind and implement true changes that are meant to reach the root cause, not to quell negative press. What seems to be lacking are any concrete plans on how these police officers will be trained to think different about minority populations. Do these elected officials truly believe that years of inherent biases can be eradicated simply by stating that they are inappropriate? What would the most important changes be in trying to rid policing of racial bias and profiling? Similarly, what would the appropriate penalties even be for officers that participate in profiling, whether intentional or not?
Posted by Melissa Crowley (Windsor Law II)
Police Dogs and Excessive Force
Christopher Evans is now suing the Vancouver Police Department (VPD) as a result of injuries he sustained from what he alleges to be aexcessive use of a police doga. In June of 2011, Mr. Evans had smashed a window on a bus and subsequently fled the scene on his skateboard. He was then pursued by a police force and a police-dog. Mr. Evans was acaughta by the dog that bit him so severely that the artery in his leg was nearly hit and Mr. Evans needed almost 100 staples to be closed.
Background a Police Dogs
The Vancouver Police Departmentas Dog Squad has been in operation since 1959 and it is the oldest municipal dog squad in Canada. Dogs and dog-handlers go through extensive training that starts when the dog is young in order to train the dog well, and to formulate a abonda and comfort-level between the dog and dog-handler. There are two circumstances in which a police-dog will be used on a suspect: (1) When the dog-handling police officers believe that a criminal offence has been committed and (2) When the dog-handling police officers feel that the use of force ais needed to apprehend the suspecta.
Observations
The main issue involving police dogs is whether using them constitutes excessive force, and if so, when can using a dog be justified? Police dogs are well-trained and can readily be thought of as any other weapon used by a police officer. As stated in the article, Professor Stan Coren of the University of British Columbia explained that aa dog can kill a person in less than 30 secondsa. This was quite possible in the case involving Mr. Evans where: had the dog bit through to the artery in his leg, Mr. Evans could have bled out in moments.
Police dogs are employed in situations where a suspect needs to be apprehended. In the case of Mr. Evans, it seems fair that a police dog was used as Mr. Evans had the advantage of his skateboard while fleeing. However, what is of particular concern is what the dog was trained to do after it had apprehended the suspect. Are dogs being trained to employ excessive force on suspects that the dog determines to be a threat? Or, was it merely because Mr. Evans continued to resist that the dog persisted in attacking him? What is noted in the article is that dogs are trained to stop attacking if the suspect goes aslacka. However, is it really that easy to go aslacka when being pursued by a potentially deadly animal?
Of particular concern is the safety of the public at large and the ability to control a police dog, particularly a police dog that goes aroguea. Granted, police dogs in force are selectively chosen and trained well. However, anything is possible when there is no control over the dog that may areada a situation incorrectly and attack anyway. If a deadly attack were to occur, can it simply be concluded that the dog went rogue? Or, was more need to be done when training and controlling the dog? Some may see how it is possible that a dog can be used as a ascapegoata for police officers who, rather than using force themselves, rely on the dog to do it for them. An attack by a dog would face less public outcry than an attack by a police officer. Further, very few, if any articles have emerged where a police dog has killed a suspect. Likewise, little negative feedback has surfaced regarding the use of police dogs, even in situations where they attack suspects severely.
On the flip side, the use of police dogs has become a helpful tool to the police. Dogs are used in an array of activities including: finding missing persons; detecting explosives; searching for narcotics, drugs and alcohol; crowd control and several others. Dogs have significantly keener sensory abilities than humans and can conduct searches and chases much faster than humans. In many regards, a dog is an extremely intelligent and useful weapon when trained properly and employed correctly by police.
Like any weapon or force employed by police, however, there will always be some controversy. As a result of this case, an inquiry into the Dog Squad has begun by Pivot Legal Society lawyer Douglas King. Mr. King claims that the dogs should only be used when all other arrest tactics have been exhausted. This is understandable given the sheer strength and potential viciousness of the dog. However, in the case of Mr. Evans, it was not necessarily a question of why a dog was used, but rather, how the dog was trained, particularly after it caught a suspect. In the meantime, it will be interesting to see what transpires from this lawsuit and whether training and tactics will be proactively altered in order to better ensure the safety of the public from police dogs.
Posted by Audrey Wong (Windsor Law I)
RCMP Training Postponed Amid Racial Profiling and Abuse Findings
On January 27, the RCMP scrapped a program to send hundreds of police officers to Arizona for drug recognition training after learning that a recent U.S. Department of Justice Report found areasonable cause to believea that the Maricopa County Sheriffas Office had engaged in a practice of misconduct that violated the U.S. Constitution and Civil Rights Act, 1964. The Report, at page 2, also indicates that the violations are to such an extent that the DOJ is prepared to commence civil proceedings against the Sheriffas Office if it does not comply with a federal judicial process to reform the detachmentas practices immediately.
The DOJ found cause to believe that violations occurred in the following areas: 1. Discriminatory practices including unlawful stops, detentions and arrests of Latinos; 2. Unlawful retaliation against individuals exercising their First Amendment right to criticize MCSOas policies or practices, including but not limited to practices relating to its discriminatory treatment of Latinos; and 3. Discriminatory jail practices against Latino inmates with limited English proficiency by punishing them and denying them critical services.
The Justice Department found a number of long-standing and entrenched systemic deficiencies that caused or contributed to these patterns of unlawful conduct, including: 1. Failure to implement policies guiding deputies on lawful policing practices; 2. Allowing specialized units to engage in unconstitutional practices; 3. Inadequate training and supervision; 4. An ineffective disciplinary, oversight and accountability system; and 5. A lack of sufficient external oversight and accountability.
In addition to these formal pattern or practice findings, the investigation uncovered additional areas of serious concern, including: 1. Use of excessive force; 2. Police practices that have the effect of significantly compromising MCSOas ability to adequately protect Latino residents; and 3. Failure to adequately investigate allegations of sexual assaults.
The Report is drawing concern in Canada because the Maricopa County police detachment has partnered with the RCMP for years, with Maricopa officers instructing in Canada and RCMP officers doing afield certificationa at the countyas jail. That field work has included having RCMP officers, from both municipal and provincial forces, practice drug recognition training on individuals arrested for allegedly driving while impaired. Although Deputy Commissioner Doug Lang cancelled the partnership with Maricopa within days of being alerted to the Report by the British Columbia Civil Liberties Association, noting that it brings ainto questiona certain police practices in Maricopa County.
But some are speculating that the implications span wider than Maricopa County and may impact criminal investigations and cases that are already before Canadian courts, as the Maricopa Sheriffas Office is said to be responsible for training upwards of 85 percent of all drug-recognition experts in North America. As a result, B.C. Civil Liberties Association Executive Director David Eby has called on the RCMP to conduct a retroactive review to determine if the training RCMP officers have received over the years is reliable and complies with Canadian societal norms and constitutional standards.
According to the Montreal Gazette, RCMP Inspector Allan Lucier responded by saying that although the drug recognition materials the RCMP uses were developed in the United States, they have been modified to ensure they conform to Canadian laws.
Mericopa County Sheriff Joe Arpaio has called the investigation and attempted reforms politically orchestrated and an ainvitation to illegalsa. Arpaio is also currently under fire for his officeas failure to properly investigate more than 400 sex crimes, which has also prompted calls for his resignation. The Justice Department has given Arpaio 60 days to reach a court enforceable agreement to reform policing practices and systemic deficiencies at the Mericopa detachment.
Posted by Jeremy Tatum (Windsor Law III)
Ottawa Police Association Considering Equipping Officers with Cameras
In response to growing concern over the use of racial profiling and excessive force within the Ottawa Police Service, the Ottawa Sun reports that the new president of the Ottawa Police Association, Matt Skof, believes that this misperception would be dispelled if officers were outfitted with small personalized cameras recording their interactions with citizens.
Skof denies that racial profiling exists amongst Ottawa police but contends that the measure is nevertheless necessary to protect officers, result in cost-saving for the City of Ottawa, and restore public confidence in the police. This comes in the wake of several high-profile civil claims against Ottawa Police for racial profiling and police brutality. In the cases of ChadAiken, Stacy Bonds, TerryDelay and RoxanneCarr, video recordings show Ottawa police using what is being argued amounts to excessive force and unconstitutional search techniques.
In June 2011, the Ottawa Police Service approved a newpolicy aimed at preventing and responding to officers engaging in racial profiling and discriminatory treatment. The police was drafted with the assistance of LEAP.
Posted by Jeremy Tatum (Windsor Law III)
Improving Transparency and Accountability
With Project Accountability, acting Chief Al Frederick has demonstrated that he is prepared to respond to the public demands for accountability and transparency following allegations of police misconduct including the vicious beating of a local doctor and attempts to cover it up.
The blueprint for change and its 27 recommendations should lead to significant change in both culture and procedure. In particular, the adoption of the more liberal definition of "serious harm" which triggers the duty to report incidents to the SIU, enhanced training, new conflict of interest rules, organizational review and a comprehensive external policy review that will be conducted by the OIPRD are all salutary measures. The acting chief has shown strong leadership and should be considered as a viable candidate to be the next chief.
However, other actors in the justice system such as judges, Crown attorneys and defence lawyers also play an important role and must respond appropriately to police misconduct.
If, for example, the police believe that Crown attorneys will not report their misconduct or that judges will not make findings of misconduct or denounce it through appropriate sentences, any efforts by police administration will be thwarted.
Any blueprint for change must include these key actors.
It must also be acknowledged that there are human rights issues facing the WPS that need to be remedied. For example, unconstitutional strip search practices, allegations of discrimination, and the recruitment, retention and promotion of female, racialized and lesbian, gay, bisexual and transgender officers.
Former chief Gary Smith was a leader in his commitment to changing the human rights culture of the WPS. He partnered with many organizations including the Ontario Human Rights Commission, Windsor Law's LEAP (Law Enforcement Accountability Project) and EGALE (Equality for Gays and Lesbians Everywhere) to bring about change. He faced resistance to these initiatives and there is likely a change-resistant faction happy to see him gone.
So in addition to Project Accountability, here are some additional ideas that could form part of the blueprint for greater accountability and transparency:
* Commit to the human rights audit by the Ontario Human Rights Commission of practices and procedures initiated by former chief Smith, and implement the commission recommendations.
* Investigate the feasibility of a policy requiring all officers on duty and in the field (including officers employed by private organizations like bars) to wear a camera installed on their uniform. Technology now serves as the greatest engine of accountability as we saw with both the David Van Buskirk and Brad Snyder cases. The camera will protect officers from unwarranted accusations as well as to capture misconduct. It will also protect officers from abuse and violence as individuals will know that they are being videotaped. The head of the Ottawa Police Association has recently recommended that Ottawa implement a similar measure.
* Request that a Crown attor-ney be assigned to vet all cases involving police-initiated charges such as assault police, resist arrest, cause disturbance arising out of interactions with accused. The chief should be notified of any case where the Crown believes that the officer has used these kinds of offences to shield their misconduct and the charges should be withdrawn.
* Require the Crown Attorney's Office to notify the chief of any case where there is a judicial determination that an officer has engaged in misconduct or has provided false evidence. The chief should be required to notify the Police Services Board of all such communications from the Crown and how the matter has been dealt with. The Toronto Police Services Board is considering a similar policy.
And finally, the Windsor Police Services Board should consider moving its meetings out of the police station to more publicly accessible and friendly locations. Members of the public are much more likely to attend in these circumstances. And to gauge the concerns of the public and effectiveness of any reforms initiated, it should invite yearly deputations from community groups, experts and other interested individuals to provide information about issues surrounding the delivery of services.
Windsorites are proud of their police service. It has a strong record in crime reduction, building community relationships and moving the service forward to meet the challenges it faces.
With Project Accountability and consideration of these recommendations, it should not be long until public trust is restored.
David M. Tanovich is a professor of law at the University of Windsor and academic director of the Law Enforcement Accountability Project (LEAP).
A(c) Copyright (c) The Windsor Star
New Leadership, New Initiatives for Windsor Police
On December 23, 2011, Windsor Police Chief Gary Smith announced his retirement from the force. His decision to retire came amid numerous allegations of brutality and misconduct by Windsor police officers, public outcry over accountability for the actions of police officers, and heavy criticism of Smith for his handling of recent allegations of police misconduct. As of the date of Smithas retirement, the Windsor Police Service was facing $72-million in lawsuits, with thirty cases alleging police brutality. Since 2006, mainly through out of court settlements, Windsor Police has paid over $820,000 of taxpayersa money to victims for malicious prosecution, wrongful arrest, and assault lawsuits. Public discontent with the actions of many officers and the Serviceas handling of allegations of police misconduct has been palpable.
Several high profile cases, including a $14.2-million lawsuit against the Windsor Police Service by Dr. Tyceer Abouhassan, have led to a shaken public confidence in the cityas police. Dr. Abouhassan alleges he suffered a beating at the hands of Det. David Van Buskirk, and was subsequently charged with assault in what his lawyer has called a cover-up by police to protect an officer. Det. Kent McMillan is charged with discreditable conduct for failing to conduct a fair and impartial investigation of the incident involving Dr. Abouhassan and is also charged with deceit for filing a false report in the case. Regarding the publicas outrage at the Windsor Police Serviceas recent alleged action, lawyer Andrew McKay, who currently represents Det. Van Buskirk, contends that police are merely visible targets for these allegations and that misconduct is found in every field of work.
This view that Windsor Police are merely more exposed in the public eye than others is not widely shared. Windsor Mayor Eddie Francis has joined public discontent, and has stated that the frequency in which Windsor Police vehicles are involved in crashes has caught his attention. In an interview with the Windsor Star, Windsor Law Professor David Tanovich stated that even judges are increasingly speaking out against police officers.
Since Smithas resignation, acting police Chief Al Frederick appears to be taking steps toward the right direction. Since his role as acting Chief, he has been outspoken over the need for change within the Windsor Police Service. In a news conference, he bluntly stated that in terms of transparency and accountability for Windsor Police, the astatus quo is not the path forward for the Windsor Police Servicea. He went on to say the Windsor Police Service will no longer athumb its nosea at the Special Investigations Unit (SIU), amid recent accusations by Ontario Ombudsman Andre Marin that the Windsor Police Service has both delayed and failed to report numerous incidents involving police misconduct. Frederick has additionally responded to four SIU letteras originally ignored by former Chief Gary Smith, but stated that Windsor Police Serviceas failure to report certain incidents were a result of a difference in the Police Serviceas definition of aserious injurya from the SIU.
Frederick has furthermore introduced Project Accountability, a 27-measure initiative including enhanced police training, new rules regarding conflict of interests, organizational and external policy reviews conducted by the Office of the Independent Police Review Director, and a more liberal definition of the term aserious harma. The initiative also includes plans to move the professional standards branch out of Windsor Police Headquarters. In an interview, Frederick stated that moving the branch, which is in charge of investigating public complaints, was made in an effort to reduce the public perception of intimidation of those reporting complaints.
Frederickas promises of change have so far appeared genuine, and as he stated, many of the 27 measures have already been implemented. It will be interesting to see whether these steps in the right direction lead to the kind of transparent and accountable police force the public desires. But, as Professor Tanovich noted in a recent op ed in the Windsor Star, other actors in the justice system, including judges, Crown attorneys and defence lawyers, also play a crucial role in properly addressing police transparency and accountability, and should thus be considered in any plans to bring about change.
Posted by Benjamin Dillon (Windsor Law I)
Eviction aggression in the United States potential forewarning for Canadian Movements
In recent weeks it seems that members of the aOccupya movement have overstayed their welcomes and evictions have begun to be carried out. November 15 saw police officers evicting the resisting protestors situated in Zuccotti Park in New York City. There were some reports of arrests numbering approximately 70 and others of officers tear gassing, handcuffing, and dragging people by their hair from the site. Opinions are split about the appropriateness of these actions, the scope of the right to peaceful protest, and whether or not the occupiers should have been forced out to begin with.
The more troubling news however, has come in recent days with information about violent evictions and large-scale pepper spraying incidents. For example, on November 18th police were called to the University of Californiaas Davis campus, making arrests and using pepper spray in the process. The spray however, was not used to control unruly participants, but was sprayed directly in the faces of 10 to 15 participants that were sitting submissively in a row on the ground. One woman was subsequently taken to the hospital to be treated for chemical burns as a result. Videos that captured the events outraged and antagonized protestors amongst the movements. One such video can be found at the following link.
http://thelede.blogs.nytimes.com/2011/11/19/video-of-police-pepper-spraying-u-c-davis-students-provokes-outrage
This begs the question - what will happen in Canada? Occupy movements here have already experienced evictions as well. If protestors are legally evicted and refuse to leave, should police officers be allowed to take similar action to that which was taken in California? Will protestors and police officers alike be particularly on edge because of the memories of G20? Do protestors have the right to be on the defensive and should police officers proceed with added caution?
Posted by Melissa Crowley (Windsor Law II)
Page took 2 seconds to load.
Home Page