Dear Mr. Barth & Ms. Lowe,

I am writing on behalf of the Ottawa Police Services Board in response to your emails, the last of which was dated 30 November 2007, requesting to speak to the Police Services Board at its meeting on 17 December 2007 regarding the suspension of the use of Tasers by the Ottawa Police Service. 

I wish to clarify certain legal issues pertaining to the Board’s authority in this matter. Having consulted with both the Board’s Solicitor and with the Provincial Ministry of Community Safety and Correctional Services, which establishes legislation for policing in the Province of Ontario and monitors compliance with those laws and regulations, I wish to clarify that a decision to suspend Taser usage by the Ottawa Police Service is not within the Board’s authority.

Under section 31(4) of the Province’s Police Services Act, police boards shall not direct the Chief of Police with respect to specific operational decisions or with respect to the day-to-day operations of the police force.  Further, under the Equipment and Use of Force regulations, specifically section 14(1), it is the Solicitor General of Ontario that has responsibility for approving the use of a weapon other than a firearm, establishing the technical standards for the weapon, and setting standards for the use of that weapon. This would apply to the use of the Taser.

Support for this view can be found in the Adequacy Standards Regulation (O.Reg 3/99), under which the Chief of Police has responsibility for establishing procedures and processes in respect of such things as prisoner care and control, arrest, and police response to persons who are emotionally disturbed or have a mental illness or a developmental disability. Given that it is these types of scenarios that might generally precipitate the use of police weapons, the fact that the Regulation places the responsibility for establishing the relevant procedures on the Chief of Police is supportive of the view that the use of Tasers, or other use of force options, is an operational matter that is fully within the authority of the Chief of Police.

The recent videotaped Taser incident in British Columbia is disturbing and while I cannot comment on that situation, I can assure you that Ottawa Police officers receive extensive training on use-of-force options and the “Ontario Use-of- Force continuum” model.  When training takes place on the use of Electronic Control Devices (Tasers), clear emphasis is placed on the criteria that must be present before officers consider using the device.  Officers consider not only the subject’s state of mind before using any type of force, but also many other impact factors that may or may not be present at the time.  Should they decide to use the device, they are required to justify their actions and are criminally liable for any excessive use of force.  The Ottawa Police Service also incorporates a monitoring process to record the frequency, circumstances and results of usage, and this data will be reported to the Board publicly early in 2008.

In light of the above, should you still wish to speak to the Board at its meeting on 17 December 2007, the Board will be obliged to refer your request to the Chief of Police.  I am copying Chief Vern White on this response so he is aware of your concerns and can take them into consideration.

Sincerely,

Henry Jensen, Chair

Ottawa Police Services Board

Sent on behalf of the Board Chair by:

*****************************************

Wendy Fedec, Executive Director

Ottawa Police Services Board

110 Laurier Avenue West

Ottawa, ON  K1P 1J1

tel: 613-580-2424, ext. 21618

fax: 613-580-2728

email: Wendy.Fedec@ottawa.ca 

While S/Sgt’s Gravel’s response to my letter was much appreciated, unfortunately this correspondence has done very little to “assure” me and certainly has not “instilled confidence” regarding my personal safety and welfare within the hands of the Ottawa Police Service. Quite the opposite, in fact. I find the OPS’ attempt to placate and appease me quite insulting.

Consequently, I would like to ask you a few more questions and also take the opportunity to express some very deep concerns that weigh heavily on my mind. I would appreciate further clarification of the various issues. 

As an epileptic, I posses a federally issued license to use cannabis as medicine. I am concerned that the post-seizure activity which I experience may be misconstrued as “drug-induced psychosis” by officers or witnesses. I mean, we know the police position on marijuana – that it is “dangerous” – so upon discovery of a few “joints” in my purse, the officer may misuse his “discretion” and view my behaviour as pot-induced-pyschosis.

What if a 911 call is phoned in by a witness who is NOT aware of the nuances of epileptic seizures as you claim OPS officers are? What then? 

If I am experiencing a violent seizure, or perhaps incapacitated in a post-seizure state, would the officers check my wrist for the MedicAlert bracelet I wear? Or check my wallet for the MedicAlert card I carry inside?  Would the officers even look for the federally issued license, or just arrest me and deal with it later?

Hypothetically speaking, if the post-seizure activity were to be misconstrued, would I then be “physically-subdued” and handcuffed with my hands behind my back? What is the protocol on “cuffing & restraining” someone having a seizure?

If I were to experience another seizure or status-epilepticus while cuffed or “restrained”, I could wrench or tear muscles and ligaments with multiple joint dislocations, develop severe bruising, abrasions and cuts, even more severely than I do already! My point being, an encounter with an officer who is trying to help me, may actually injure me. I am delicate, despite my size and strength.

Should I come down the station and personally introduce myself to ALL the officers on the force, face-to-face so that they “know” never to taser me under any circumstances? Does the OPS have forms for that? What exactly are the OPS’ protocols regarding the use of tasers? 

What exactly are the “use of force options” that you speak of? Does this include martial arts training?

Despite the all the education, training and special skills development (taking into consideration annual “re-vamping” and “updates”), the emergency preparedness of officers on the force- on duty… why is it then (as a member of the community) while watching the evening news, I hear reports and see various footage of OPS officers demonstrating the use of “excessive force” in unwarranted circumstances? Not all events can be sloughed off as “isolated incidents” by a few “bad apples.”  I am quite aware of police culture and how it works, especially in this town.

What professional services do OPS officers receive to cope with and reduce the effects of post-traumatic stress disorder (PTSD) which officers (with no doubt in my mind) develop from the “stresses of duty”? Does the OPS offer counselling programs to the immediate families, to the partners or spouses of officers?  

As a survivor of several sexual assaults and one physical assault (check your files) since moving to Ottawa twelve years ago, there is very little you can say that will convince me that PTSD doesn’t have a long-lasting ripple effect on the life of the individual (the officer) and the lives of those around them!

Hyper-vigilance (a symptom of PTSD) can contribute to the development of a “hair-trigger” under extenuating circumstances; hence, the unwarranted demonstrations of “excessive force” by OPS officers. The officer who “attends” to me might be just arriving from some other very stressful encounter, and not be in “the best frame of mind” to patiently deal with someone who is flailing and screaming nonsense.

Does the OPS conduct random/spontaneous drug tests, checking for levels of illicit substances such as anabolic steroids without a perscription, and pharmaceutical medications, as well as herbal or other “socially acceptable” stimulants? If so, are these drug-testing services provided by an “impartial” outside source to prevent “conflict of interest”?

Let’s not kid ourselves here.  Every officer in uniform is a human being and a Canadian. With the demands of today’s fast-paced society… individuals use various substances and stimulants “to get through the day” or “to get the job done”, versus adopting a more healthy lifestyle.    

I speak from personal experience and hindsight, having worked in the retail and service sector for almost twenty years. One of these postings was a popular coffee shop at the corner of Bank and Somerset.  

I’ve witnessed the effects of caffeine/sugar addiction and withdrawal, and know that it can have a detrimental influence on mood and behaviour. It can impair perception and the cognitive ability to make decisions and “sound” judgement calls. 

The risk that these weapons (tasers) pose far outweighs any benefit they may offer your officers or society. I adamantly insist that your officers discontinue the use of these weapons forthwith.

Sincerely,

Christine Lowe

Thank you for your e-mail of November 24th, 2007. I appreciate your concern. I hope to relieve you of some of your worry by sharing the following with you.

As you know, there is a world of difference between someone who is having a seizure and someone who is being assaultive or resistant to police and our officers are very familiar with the difference . They are not seen as attacks upon officers.  

Our officers receive extensive training in all use of force options on an annual basis. We are always re-vamping and updating our training in the use of those options to address the most recent issues and concerns as identified to us not only locally but shared with us from our network of use of force instructors

throughout Canada. 

All our officers are also trained and certified in emergency First Aid and CPR. They receive extensive training in working with people in all sorts of potentially difficult situations be it family issues, mental health issues, social issues, physical impairment issues, age, religion, culture and so much more.  We try to come up with the best way to bring our citizens through all of these safely. Our Use of Force options are always taught to our members on the basis of using the least amount of force necessary to ensure that the safety and security of everyone involved directly and indirectly.

The officers who use the Tasers in Ottawa are our front line supervisors or members of the Tactical Unit. They have years of extensive experience in working on the road in emergency situations and have been carefully trained in the use of Tasers, as one more use of force options available to them. 

I am not sure what more I can offer to re-assure you for your own safety and security and well being, but rest assured, we are aware of the difference.

Sincerely, 

Staff Sergeant S.(Syd) A. Gravel,

Professional Development Centre;

(613) 236-1222 Ext 2775

gravels@ottawapolice.ca

Confusion in her eyes that says it all -

She’s lost control

And she’s clinging to the nearest passer-by

She’s lost control

And she gave away the secrets of her past

And said “I’ve lost control again.”

And she turned to me

and took me by the hand

and said “I’ve lost control again”

and how I’ll never know just why

or understand

She said “I’ve lost control again”

And she screamed out, kicking on her side

And seized up on the floor -

I thought she’d died

She said “I’ve lost control again”

She’s lost control again -

she’s lost control

Well I had to phone her friend

to state her case and say

she’s lost control again

And she showed up all the errors

and mistakes

and said “I’ve lost control again”

But she expressed herself in many

different ways

until she’d control again

And walked upon the edge of no escape

and laughed “I’ve lost control again”

She’s lost control again,

she’s lost control (2)

As an epileptic, I am far more vulnerable to taser strikes than normal people. What might be survivable for a regular person could be fatal for me.

Do your officers even know what a seizure looks like? Being able to recognize seizures is important because they can be mistaken for something else… such as drunk and disorderly conduct, mental illness, drug-induced psychosis, hysteria, or deliberate non-compliance.

The risk that these weapons pose far outweighs any benefit they may offer your officers or society. I adamantly request that your officers discontinue the use of these weapons forthwith, and view this footage of my epileptic seizure from 2003.

http://www.youtube.com/watch?v=nV40H_g-NJo

If your officers cannot get the job done without these lethal weapons, then perhaps they need more training in dealing with people with their other tools.

Yours,

Christine Lowe