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February 2nd, 2011
There was more of the same repetitive gruel served up by Commissioner William Elliott in an interview held on January 7th, in Ottawa.
While he may well be correct in his assertion that “there are far more things that are right about the RCMP than are wrong“, he vehemently rejects the suggestion by SFU Criminology professor Robert Gordon that the RCMP’s primary allegiance to its Ottawa HQ-based nerve centre significantly impacts its ability to deliver policing services to municipalities within British Columbia. I happen to support Professor Gordon’s view that a regional policing model would be optimal for the citizens of Greater Vancouver, and that the RCMP should confine itself to its federal policing mandate similar to the FBI.
This is in no way a criticism of the fine work currently being done by men and women in law enforcement within the current model, but it’s been proven time and time again that patchwork quilt policing doesn’t work.
The Bernardo / Homolka case was an example of this, and I anticipate that the inquiry into the Pickton case will reinforce the risks associated with trying to protect the public using a potpourri of policing jurisdictions in a large metropolitan area. The current model is untenable, and it is only a matter of time before the right thing is done. My hope is that government acts with courage and principle on this file, and sooner rather than later on behalf of British Columbians.
As stated earlier in this space, the core difficulty within the RCMP is its extraordinarily weak leadership culture. If senior RCMP managers could be convinced to focus on public safety as their first priority, rather than meek and positional “how can I look good to those above me” behaviour, this ship might turn around. I’ve seen it up close for many years, and it’s not pretty. I wish I could say I was optimistic.
FP
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January 31st, 2011
The Public Needs to Know.
In his opinion piece in the January 11th edition of The Province, Michael Smyth hits it out of the park. As B.C. Liberal leadership hopefuls George Abbott and Mike de Jong square off on the issue of the $6 million plea bargain deal that put a sudden stop to the B.C. Rail corruption trial, taxpayers deserve a full explanation. Mr. de Jong, before he declared his candidacy, was Attorney General when his Ministry made the decision to pay defence counsel for these two defrocked public servants the $6 million in legal fees. This review of the indemnity policy was ordered by Mr. de Jong in the wake of public concern over the circumstances behind this expenditure. The current policy is intended to protect public servants when they act within the scope of their duties on behalf of government. As Mr. Smyth asserts, the policy also requires that the money must be repaid in the event that the employees are determined to be guilty of wrongdoing. This policy has been ignored in this case.
Mr. Abbott, on the other hand, has asked that an independent review be conducted, with broader terms of reference than those called for within Mr. de Jong’s internal review. I support this plea for transparency. Mr. Abbott and Mr. Smyth share my view that there are a number of questions which must be answered including the following:
- Why did government agree to pay these significant sums of money to defence counsel for these two public servants who pleaded guilty to corruption charges, including the acceptance of bribes?
- Who negotiated the plea bargain, and what considerations were behind the decision?
Mr. Smyth is absolutely correct in his suggestion that an independent review must be conducted, and not by the government ministry whose actions will be scrutinized. The analogy of “the police investigating the police” is a fair one, and a situation best avoided in the public interest. Both Mr Abbott and Mr. Smyth are to be commended for their analyses, and their insistence that this deal be carefully examined. The cost resulting from such an exercise is money very well spent, in that it directly relates to public confidence in our government institutions. The internal review ordered by Mr. de Jong has no hope of unearthing this critical information.
FP
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January 28th, 2011
Finally! A sentence reflective of the impact perjury has on our criminal justice system.
In my previous post on July 8, 2010, I lamented the fact that judges seem overly accepting that perjury is just par for the course during litigation. I commented on the need for it to be vigorously investigated in each instance.
B.C. Supreme Court Justice Mark McEwan has stepped up to the plate. He took the opportunity to throw the book at Inderjit Singh Reyat, the Air India bomb maker. He expressed his contempt for a man whose lies under oath and who continued to inflict pain on the families of the fallen. 331 people died at Reyat’s hand 26 years ago. I applaud Justice McEwan for his decision to make an example of Reyat, not only to deter those who would consider becoming involved in acts of terrorism, but also to those who might be inclined to mock victims through acts of perjury. People who do this need to be incarcerated. One can only imagine a justice system where everyone told the truth.
A couple of closing thoughts.
Deputy Commissioner Gary Bass also deserves to be recognized for his leadership in resurrecting this unsolved mass homicide case from idling on the shelves on Heather Street back in the 90s. Without him, this complex and massive case would not have been brought before the courts at all.
The other is this:
And according to the Vancouver Sun’s Kim Bolan in her January 7th article, a witness vital to the Air India case had volunteered to come forward, but was dissuaded by his legal counsel on the basis that it would be “bad for business”. This is a shocking indictment. Surjan Singh Gill was a participant in the plot, and he expressed a willingness to the RCMP to give evidence against his co-conspirators. His counsel, David Gibbons (now deceased), put the earning power of his law practice before the public interest in the most extreme fashion. I cannot understand the lack of public outrage over such a revelation. Where was the Law Society of British Columbia in all of this? Why were our public officials of the day mute on the subject? Was no remedy available to ensure that the right thing was done? Has our moral compass shifted to the point where we find this practice by the defence bar tolerable?
It is appropriate that specific protections are afforded the relationship between lawyers and their clients, but I can’t believe that this was permitted to happen. Have we forgotten about the 331 victims, their families and the greater good?
FP
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January 26th, 2011
There were some very encouraging signals from B.C.’s highest court last week. Readers may recall my Dec 7, 2009 post regarding the “Smiling Judge” Peter Leask, announcing that Hell’s Angels members Randy Potts and John Punko did not meet the definition of “working on behalf of or in association with a criminal organization”. That decision is under appeal by the Federal Department of Justice.
One can only hope that the appeal of Leask’s findings on what are generally referred to as “crim-org” charges will match the rationale found in a recent Kelowna B.C. Supreme Court decision. The police and prosecutorial communities are breathing a huge sigh of relief when, for the first time in British Columbia, convictions under this law were realized. The accused were a number of Okanagan-based cocaine distributors, couriers and masterminds whose sentences under this new legislation will be served consecutive to terms they receive for convictions on any other substantive offences.
One of the driving forces behind this legislation is to ensure those who direct the conspiracies to traffick in these commodities are susceptible to prosecution, whether they actually came into contact with it or not.
A further indication that sanity is beginning to prevail within the courts’ response to organized criminal activity was the successful appeal of Leask’s lenient sentencing behaviours for Potts and Punko. Numerous errors were attributed to Leask by B.C. Court of Appeal Justice Anne Rowles in her Reasons for Judgment, which increased the sentence for Potts to five years (from one) and Punko to over five years (from fourteen months).
Both Crown and police involved in the ambitious Project “E-Pandora” must be very pleased with this turn of events. They deserve to feel good about the job they did on this complex and demanding file.
I can’t help but wonder… who’s smiling now? FP
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January 20th, 2011
It’s hardly a secret that former Solicitor General Kash Heed’s strong opinions on the policing landscape of British Columbia over the past 10-15 years have threatened the status quo. Senior RCMP managers have, for many years, privately expressed anger towards Mr. Heed because he questioned the appropriateness of yet another 20 year RCMP policing contract for British Columbia. Mr. Heed has continually supported a thoughtful examination of all policing options, which have included the RCMP as one model. I have been privy to conversations involving high ranking RCMP personnel where Mr. Heed was demonized for these recommendations. He has endorsed a regional policing model for metropolitan Vancouver, following the lead of most major North American cities. And I completely support these views, which are reinforced by leading academics who regard the current model as less than effective.
Mr. Heed has acknowledged that his opinions have ruffled the feathers of those in charge of investigating him. I share his perception that the probability of renewal of the RCMP’s provincial policing contract is enhanced by his departure from Cabinet. Furthermore, his return to the office of Solicitor General would result in howls of complaint from the RCMP executive offices. It is my contention that senior Mounties would love to see Mr. Heed permanently sidelined from any discussion relating to the contract, as it might not serve their interests.
With this in mind, I question the appropriateness of the RCMP being mandated with the responsibility for investigating Mr. Heed’s electoral conduct. There is no evidence to suggest that the actual gatherers of evidence have discharged their responsibilities with anything less than complete objectivity and professionalism. It is my view, however, that the RCMP is not an agency which can be seen as impartial in this case. This organization has too strong an interest in the outcome.
In light of these complexities, it would have been appropriate to engage a major policing service from outside the province of British Columbia, to ensure public confidence was maintained throughout the process.
FP
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July 23rd, 2010
Enough already. Here is the bottom line. The four police officers responsible for Robert Dziekanski’s death conducted themselves like cowards before, during and after this tragic event.
After this fiasco, Deputy Commissioner Gary Bass, one of the finest operational police officers still in the RCMP, is probably looking forward to a well-deserved retirement from the Force. A copy of his internal email made the front page of the Vancouver Sun on June 17th, where his characterization of the RCMP apology to the Dziekanski family was described as ‘troubling’, by a senior PMO official. Bass was clearly operating in good faith, explaining the spirit of his apology to Mr. Dziekanski’s mother, Zofia Cisowski, to the RCMP membership. Mrs. Cisowski herself confirmed that the wording of the apology had been agreed upon at a meeting between her and Bass, so as not to undermine or prejudge the outcome of the Braidwood inquiry. She expressed satisfaction with its content. And that in itself should be the measurement.
Those meek and timid souls who would dissect every phrase of those who are actually in the arena need to get a life. Gary Bass did as he often does. He got it right.
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July 15th, 2010
Disappointing but hardly surprising commentary in a June 13th article in The Province from Don Morrison, defense counsel for Charles Kembo. Kembo was convicted on June 11th for four homicides including that of his own stepdaughter, Rita Yeung.
For Morrison, a former Police Complaints Commissioner, to publicly announce: “a young woman gets set up and left alone by police to be killed” is extreme and over the top.
There could be scores of killers walking the streets of Greater Vancouver at any given time – and Charles Kembo was but one of these. Police managers throughout the province of BC operate with strained resources in good faith, applying manpower based upon carefully considered enforcement priorities which can change at any time. These leaders accept the consequences of error inherent in their job, and base their decisions on information available to them at the time. Keeping the public safe is not easy work.
Police officers agonize over the death of an innocent. In the cold light of day, the notion of terminating a mobile surveillance of Kembo on the night he killed Ms. Yeung is disturbing. There were, in all likelihood, valid reasons for the decision. There may have been nothing to suggest that Ms. Yeung was any more at risk than many other British Columbians in the company of men like Charles Kembo on that particular night. It may have been that the police manager felt that the GPS and audio device in Kembo’s vehicle provided sufficient awareness of Ms. Yeung’s risk level to allow for a 911 response if there were signs of trouble. Pedestrian as it may seem, it may also have been explained by a lack of available overtime funding to extend the shift of surveillance personnel.
Decisions upon where to apply precious surveillance resources are generally fraught with risk and subject to scrutiny after the fact if something goes wrong. It goes with the territory of being a police manager in British Columbia today.
I support a review of the police decision to terminate the surveillance of Kembo that night. The explanation is bound to shed light on the violent death of this young woman. I expect that it will be explained, as many of these tragedies are, by the fact that there are simply too few police officers to address the public need. Let’s wait for the findings before we indulge in recreational platitudes in the absence of the facts, as Mr. Morrison has so publicly done.
This was yet another example of the fine work done by senior Crown Counsel Hank Reiner, one of the absolute best at what he does. We have been very fortunate to have him securing convictions against the worst of men for so many years.
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July 8th, 2010
One of the realities within our criminal justice system is the tacit acceptance of lies under oath, most commonly encountered when accused persons testify on their own behalf. To suggest that this behaviour is tolerated by the judiciary is to understate the current state of affairs in the courts of British Columbia. With the exception of the high profile conviction of Air India co-conspirator Inderjit Singh Reyat, we never seem to hear about perjury charges being laid. In almost every criminal trial where testimony is provided by multiple witnesses, the judge (or judge and jury) is required to weigh the credibility of those whose evidence is being heard. It is hardly uncommon that the judge’s reasons contain references to the lack of credibility of one or more witnesses.
In the proceedings following the tragic death of Robert Dziekanski, there were a number of police officers who obviously lied under oath, driven by a desire for career preservation. This is behaviour perhaps learned from members of the RCMP’s commissioned ranks who clearly perjured themselves during the APEC Inquiry, in addition to similar performances coming from the Office of the Commissioner himself.
More recently in BC, we have read coverage of the interminable multiple murder trial of Charles Kembo, where the accused committed perjury almost every time his lips moved.
The judicial system would appear to be encouraging this behaviour through the absence of sanctions against those who view an oath as a nuisance, rather than a solemn instrument of justice. It is my view that civilian oversight of police agencies in serious cases of misconduct is overdue. A logical extension of this is the commitment to investigate testimony provided by police officers where lies under oath are suspected. Similarly, in cases where a civilian witness or an accused are believed to have perjured themselves, resources must be committed toward the investigation of this behaviour using all evidence gathering tools available.
There is no denying that such a shift in approach will be expensive.
With these measures undertaken, however, public confidence in our policing, legal and judicial institutions will have a chance of being restored. The citizens of Canada deserve nothing less.
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February 11th, 2010
I couldn’t resist Michael Smyth’s January 30 article in the Victoria Times Colonist. (B.C. Solicitor General talks of ousting RCMP). Kash Heed is hitting bulls eyes in his role as the province’s new “top cop”.
The catalyst for the piece was the fact that the Ministry responsible for law enforcement had not been informed of the news relating to Sgt. Derek Brassington, a key investigator attached to the “Surrey Six” investigation who is romantically linked to a witness on the case. The Force had been aware of this development since December, and chose not to immediately alert the responsible Minister to the fact that this had occurred.
With sincere and heartfelt respect to the thousands of men and women in the RCMP doing a great job on the ground here in British Columbia, their senior ranks are beyond dysfunctional. The culture of the executive level of the Force requires that, to continue to be promoted, one must never question those occupying ranks above. The predictable outcome is a secret society of milksops and bootlickers. Mr. Smyth is absolutely correct in reporting that the convoluted reporting relationship for the RCMP in British Columbia needs immediate re-examination. For this storied organization to continue to ask “how high?” when its National Headquarters tells it to jump, is not consistent with what BC residents should expect in their provincial police force. As Solicitor General Heed states, “in this next contract, we want to deliver the most accountable, transparent and effective police service possible.”
This is obviously a highly charged issue for many close observers of the law enforcement landscape in BC. This government is very well positioned to demand significant concessions from the RCMP in the upcoming contract negotiations. A renewal of the provincial policing contract in 2012 is inevitable at this late stage, given the magnitude of the task of replacing the Force within a mere two years.
Mr. Heed is, I am sure, regularly bombarded with advice in terms of how best to address this complex issue. Of one thing I am certain. The contract currently under negotiation will not result in the provincial government being painted into a corner for 20 years as it has been under the existing agreement. I would strongly suggest that the Ministry incorporates maximum flexibility into the document to allow for a smooth and careful transition to a policing model that works best for British Columbians. In 20 years, it is reasonable to expect that a Mountie uniform will be a tough thing to find here in Lotusland.
If a true leadership culture had existed within the senior ranks of the RCMP, this may not have been necessary.
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