BL - March 2019

BLUE LINE CANADA’S LAW ENFORCEMENT MAGAZINE

www.BlueLine.ca

MARCH 2019

April 16 SAVE THE DATE

COVER STORY

Detachable and box magazine-fed PM 40065710

Remington 870 DM opens up the police shotgun conversation p.14 DE-ESCALATION

BACK OF THE BOOK

Delta Police’s ICAT technique p.18

Border intelligence p.30

DE-ESCALATE W I T H

CONF IDENCE

We are extremely proud of the role our conducted energy weapon (CEW) technology has played in saving lives – 200,000+ and counting – but we are acutely aware of the situations where it hasn’t been effective as needed.

“WE MADE IT OUR MISSION TO CREATE A TASER THAT IS STRONGER, FASTER, AND SMARTER THAN EVER BEFORE” Maybe the darts didn’t connect because of a thick winter coat. Maybe the probe spreads were too close to be as effective as needed. Maybe the darts didn’t hit at a direct angle. Maybe an officer missed the target.

TASER 7 is the result of critical officer feedback and we’ve completely redesigned this CEW to limit misses, disconnects and close probe spreads.

INTRODUCING TASER 7

We made it our mission to dramatically improve the performance of the TASER 7 – giving officers even more confidence to de-escalate or pause dangerous situations.

The TASER 7 takes aim at clothing disconnects by packing nearly 2x the kinetic energy into each shot and featuring spiral darts that have wires spooled within them for a straighter, 28% faster flight path. The darts also boast a breakaway design to compensate for indirect impact angles to ensure the probe connects to the target.

Previously, in situations where the target is within close quarters an officer may have been concerned with an ineffective probe spread. TASER 7 outperforms past models with 93% increased probe spread at close range because of the new cartridge design. This enhancement is extremely important because most agencies report that 85% of their deployments occur within close range. We’ve also implemented a green daylight laser to provide members with more precise aim – day or night.

New Rapid Arc technology - which delivers similar electrical charge as previous models but at a faster rate, causing more rapid incapacitation - combined with our new Adaptive Cross-Connect - where electricity is intentionally driven between all contacts to maximize the effectiveness of the probe deployment - makes this our most effective CEW ever.

We began 25 years ago as a company that set out to protect life and we will always be committed to that mission. Visit ca.axon.com/products/Taser-7 to learn more about the new TASER 7.

Axon, TASER, TASER 7, and the Delta logo are trademarks of Axon Enterprise, Inc., some of which may be registered in Canada, the U.S., and other countries. © 2019 Axon Enterprise, Inc. All rights reserved.

Contents

18 March 2019

Columns

Volume 31 Number 3

4 10 12 13 24 26 30

Features

Editor’s commentary Q&A Health & wellness Behavioural sciences Technology Case law Back of the book

COVER STORY

14 Remington 870 DM hits the mark

Is there still room for a shotgun in the front seat of a modern police vehicle where the patrol carbine has quite rightly taken over as the primary intermediate-range response weapon? Remington is gambling that there is. By Dave Brown

18 Maximizing de-escalation

In order to maximize the ability for officers to avoid force, the Delta Police Department in British Columbia has trained its entire sworn cadre in a technique called ICAT (Integrating Communications and Tactics). By Norm Lipinski

Departments 5 5 9 9 25 28 29 30

By the numbers News Calendar Dispatches Off the shelf Product showcase Marketplace Blue Links

20 Inferential reasoning in use of force cases

Officers accrue inferential knowledge in foundational recruit training during which they receive instruction in identifying behaviours associated with violence. This is key when it comes to justifying use of force. By Sgt. Brad Fawcett

23 Why court process and procedure is important

COVER PHOTO: DAVE BROWN

There is a common misconception by frontline enforcement officers that once the officer lays a charge upon the defendant, the matter is “now in the hands of the court” and the officer has completed his or her job. By Brian Lass

10 @Blue_LineMag

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5 March 2019 | BLUE LINE

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EDITOR’S COMMENTARY

BY RENÉE FRANCOEUR

Here we go again: the body cam question

T

he body worn camera (BWC) in our news section this month, the Serdebate was one of the topics we vice de police de la Ville de Montréal covered at Blue Line Expo 2018. (SPVM) cites the high costs associated It seems to be a discussion we with expanding a BWC program to all its revisit frequently — never getting much officers, due to data storage and extra further along in a collective Canadian staffing in their report. consensus than the last time we all According to the SPVM’s report, “two hummed and hawed about the best way to out of three officers said the body cameras navigate this evolving technology. made the people they were interacting During last year’s expo, we with feel uncomfortable and hosted a panel and heard from It came down deepened the divide between Timothy Berthiaume, the for- to this: BWCs police and the citizens.” mer chief of Amherstburg Police are not a However, this important quesService (policing services for one-size-fits- tion — if the presence of a BWC the Town of Amherstbug, Ont., all solution to affects Canadian public percepwere assumed by the Windsor accountability tions of an interaction with an Police Service in January), as and evidence officer — remains largely unwell as Insp. Michael Barsky, gathering. answered in the research realm, business project manager for according to Alana Saulnier, an the BWC Pilot Project at Toronto Police assistant professor and the criminology Service; Jason Laplante, public safety and program co-ordinator at Lakehead Univerenforcement supervisor, Russell Town- sity in northern Ontario. ship; and Sgt. Jason Bagg, Durham Over the past year, she’s been involved Regional Police Service. in a BWC evaluation with a municipal Amherstburg Police Service was the first police force. The results haven’t been in Ontario to add BWCs as part of the published yet, but Saulnier told me this standard equipment for frontline officers experiment has demonstrated “in a stanand we heard from Berthiaume why it dardized police–citizen interaction where worked for that specific area and service, officers were assigned to either wear or along with some of the challenges they not wear BWCs, but their behaviour was encountered. The others on the panel very consistent regardless, citizens rewere all in various stages of researching or ported more positive perceptions of police using BWCs. when they interacted with an officer It came down to this: BWCs are not a wearing a BWC.” one-size-fits-all solution to accountability The results suggest BWCs can affect and evidence gathering. What works for public perceptions of police without having one police service about the equipment affected officer behaviour, she explained. isn’t going to work for another — not to Stay tuned for more from Saulnier and this say the technology has no use there, but uniquely Canadian study in a future issue. just that each service will find different In the meantime, it will be interesting to strengths and uses for it at different times watch Calgary Police Service (CPS) comand for different units/officers/depart- plete its BWC roll out by the end of this ments, based on funding and other factors. year — especially as CPS received the We have to adapt to technology, but I think “highest ratings from citizens who had we have to do that in a customized way in-person interactions with police,” acsometimes. cording to the results of the 2018 Calgary Halifax, Hamilton and the RCMP have Police Commission citizen survey. Let’s flashed the red light to BWCs, followed see what the 2019 results from the commost recently by Montreal. As you’ll read mission say.

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GROUP PUBLISHER | MARTIN MCANULTY mmcanulty@annexbusinessmedia.com EDITOR | RENÉE FRANCOEUR rfrancoeur@annexbusinessmedia.com ACCOUNT MANAGER | JANICE EATON janice@blueline.ca MEDIA DESIGNER | SVETLANA AVRUTIN savrutin@annexbusinessmedia.com ACCOUNT COORDINATOR | TRISH RAMSAY tramsay@annexbusinessmedia.com CIRCULATION MANAGER | BEATA OLECHNOWICZ bolechnowicz@annexbusinessmedia.com Tel: 416-442-5600 ext. 3543 PRESIDENT & CEO | MIKE FREDERICKS ANNEX BUSINESS MEDIA 111 Gordon Baker Road, Suite 400 Toronto, ON M2H 3R1 Tel. 416-442-5600 • Fax 416-442-2191

Publication Mail Agreement No. 40065710 ISSN 0847-8538 Printed in Canada SUBSCRIPTION RATES Canada — 1 Year $31.50; 2 Year $52.50 plus tax USA — 1 Year $105.00 USD CIRCULATION email: asingh@annexbusinessmedia.com Tel: 416-442-5600 ext 3553; Fax: 416-510-6875 or 416-442-2191 Mail: 111 Gordon Baker Road, Suite 400, Toronto, ON M2H 3R1 Occasionally, Blue Line will mail information on behalf of industry-related groups whose products and services we believe may be of interest to you. If you prefer not to receive this information, please contact our circulation department in any of the four ways listed above.

Annex Privacy Officer Privacy@annexbusinessmedia.com; Tel: 800-668-2374 © 2019 Annex Publishing & Printing Inc. All rights reserved. Printed in Canada. No part of the editorial content of this publication may be reprinted without the publisher’s written permission. Opinions expressed in this magazine are not necessarily those of the editor or the publisher. No liability is assumed for errors or omissions.

Readers are cautioned and advised that articles presented herein are edited and supplied for your personal awareness and should not be used for further action until appropriate guidance is received from a supervisor, Crown Attorney or other persons in authority.

All advertising is subject to the publisher’s approval.

Such approval does not imply any endorsement of the products or services advertised. The publisher reserves the right to refuse advertising that does not meet the standards of this publication.

NEWS

PHOTO: ONTARIO PROVINCIAL POLICE

ONTARIO

Superloads say goodbye to police escorts in Ontario

The Specialized Carriers & Rigging Association (SC&RA) has been busy on this side of the Canada-U.S. border, working with the Ministry of Transportation of Ontario (MTO) on the current phase-out of Ontario Provincial Police (OPP) escorts in the province for superload permit moves.

The phase-out began on July 1, 2018 with a contingency period offered, in which the OPP could fill in until there were an adequate number of newly certified escorts made available through the Certified Superload Escort Program. On Jan. 1, 2019, the OPP stopped providing paid duty escorts to assist in the movement of Oversize/Overweight (OS/OW) Superloads.

“The OPP is pleased to support the Ontario Ministry of Transportation and it’s new Certified Superload Escort Program,” stated Chief Supt.

Chuck Cox, the divisional commander of the OPP Highway Safety Division. “Thanks to this innovation, the OPP can focus more than ever on its core policing services while ensuring our roads remain safe.”

Steven Todd, vice-president of transportation with the SC&RA, said the program is the first of its kind in North America that will fully phase out police escorts.

“This is very unique new program and new policy,” he said. “It gave our industry an opportunity for the first time to give serious deliberation of replacing all police escorts as we know it.”

Todd said a similar program was run in Pennsylvania but it was on a much smaller scale, replacing a small number of police-required escorts.

- Andrew Snook *This article originally appeared in Crane & Hoist Canada. Find it here: craneandhoistcanada.com/ features/scra-hard-at-work-in-ontario-1410 MONTREAL

SPVM, city says no to body cameras, citing costs and “unnecessary challenges”

The Service de police de la Ville de Montréal (SPVM) has completed a seven-month long trial, testing the effectiveness and utility of body cameras being worn by their officers while on duty, and the verdict is in: no-go. At a presentation to the City of Montreal’s Public Security Commission on Feb. 1, the SPVM’s 215-page report suggested that body cameras had little influence on how officers respond to a situation and conduct themselves on duty.

“The project did not unequivocally demonstrate that portable cameras promote the transparency of police interventions, strengthen trust between the police and the citizen, and ensures the safety of police,” the report said.

The trial was carried out by 78 officers who were equipped with body cameras for a seven-month period throughout 2017.

Throughout that period, there were 19 recorded incidents of use of force involving police. Of those 19 incidents, body cameras were turned on 13 times and only eight incidents were captured on film.

Officers said having to turn on the camera manually before or during an emergency creates unnecessary challenges for them on the job.

In the report, nine out of 10 police officers who wore the body cameras felt that they were under surveillance and that they had lost any sense of privacy while on the job.

The project to test the effectiveness of the body cameras cost $1.5 million. The report stated that adopting and expanding the project to outfit all 3,000 officers in the department with body cameras would cost $17.4 million over a five-year period, along with the cost to train officers and modify uniforms. In addition to the $17.4 million, SPVM would be required to spend another $20 million per year to hire 200 people to review and process the collected footage.

The mayor of Montreal, Valérie Plante, told reporters that the cost of implementing cameras department wide was too high and the camera technology was not good enough to serve their intended purpose.

The cameras used by the SPVM for this project were supplied by Axon. Senior director Stefan Schurman said during a press conference that his company had other resources for the SPVM to work with that could potentially improve the cost.

BY THE NUMBERS

The fourth NetClean Report, released in late 2018, is based on a survey conducted with police officers from around the world. It is a yearly investigation into child sexual abuse crime. Earlier in 2018, it was reported child sexual abuse material is increasing, the abuse is getting more violent and police officers face bigger challenges because of developments in technology. More at netclean.com/netclean-report-2018.

1 in 5

police officers surveyed have found deepfakes, a new technique that can swap a person’s face for another in moving imagery

@Blue_LineMag

80%

report that they have not encountered deepfakes in their investigations

75%

believe the prevalence of deepfakes will increase in the future

35%

report encryption is a big challenge in these cases

March 2019 | BLUE LINE

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NEWS NEW WESTMINSTER

Metro Vancouver Transit Police shot in line of duty to make full recovery

On Jan. 30, 2019, 27-year-old Metro Vancouver Transit Police (MVTP) Const.

Josh Harms was shot in the line of duty at Scott Road SkyTrain Station. He was taken to Royal Columbian Hospital that evening Josh Harms with serious, but not life threatening, injuries. Const. Harms was released from hospital late that evening.

On Feb. 1, 2019, as a testament to his character, Cost. Harms attended the MVTP headquarters to meet with the officers he works with on a daily basis.

He wanted to express his gratitude and reassure them he is doing as well as can be expected, MVTP stated.

“In particular, I thank the Metro Vancouver Transit Police, Surrey and Burnaby RCMP, Lower Mainland ERT, the staff at B.C. Ambulance Service and Royal Columbian Hospital,” Harms said in his statement. “I would also like to thank the many members of the public who expressed their support.

Finally, I would like to express my gratitude to my wife and family. I thank God my injuries were not worse. Though I have a long road ahead, I am going to make a full recovery and rejoin my colleagues as soon as possible.”

Harms underwent surgery in early February. We wish him a speedy recovery.

DELTA

Delta Police launches podcast on mental health

Across the country you’d be hard pressed to find a single first responder agency which isn’t talking about the mental health and well-being of their employees. Police, fire and emergency service organizations are all looking for ways to make their first responders more resilient.

Sharing stories, and how they’ve faced a variety of extremely tough situations, is the impetus behind a new podcast produced by Delta Police, called Bend Don’t Break. In one-on-one interviews with Delta Police Chief Neil Dubord, police officers and other first responders are speaking about their experiences in the face of adversity.

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BLUE LINE | March 2019

Chief Neil Dubord, centre, Const. Aaron Hill, right, and producer Nikki Hewitt record the first Bend Don’t Break podcast. PHOTO: DELTA POLICE DEPARTMENT “These interviews are very honest, raw and, at times, hard to listen to,” Dubord says. “My role in interviewing these officers, and other first responders, is to hear their stories and encourage them to speak about what they may have learned or would do differently. I also think there’s another takeaway there – for leaders at all levels to be able to understand the perspective of someone going through a very tough situation.”

Dubord says the agency chose to make this podcast public to acknowledge the importance and potential value in sharing these stories. He credits Const. Aaron Hill with proposing the podcast, and for his bravery in being upfront in regard to his own struggles.

Const. Hill’s story is the topic of the first podcast. It details how he was faced with a complaint alleging he’d used excessive force, which came at the same time he was diagnosed with Type 1 diabetes.

In the second and third episodes Const.

Jordan MacWilliams, a Delta police officer of the integrated Emergency Response Team, shares the story of a police shooting in 2012.

“For a few years now we first responders have been talking rather openly about the importance of mental health and wellness,” Dubord says. “We thought it was time to take another step to shine a brighter light.”

Bend Don’t Break podcasts are available on the Delta Police website at deltapolice.ca/podcast.

You can also find Bend Don’t Break under podcasts on i-Tunes, or the Google Play Music store.

- By Cristianne Leykauf, Delta Police Department HAMILTON

Mohawk College launches Psycho-Social Criminology course

Mohawk College celebrated the launch of Psycho-Social Criminology, a new general education course in the School of Community, Justice and Liberal Studies, in January.

The Psycho-Social Criminology course

The new course was developed by Dr. Kimberly Costello and Stephen Metelsky M.A. in 2018. PHOTO: MOHAWK COLLEGE examines the diverse psychological and social factors within the discipline of criminology to explain why some people are predisposed to criminal behaviour, according to the course creators.

It also delves into organized criminal groups and the criminal minds of violent psychopathic offenders, including serial and mass killers. The course applies psychosocial theory and research to explain criminal behaviour using real world case studies. The course also incorporates the societal, media and judicial responses to crime, including victimology and the goals and effectiveness of criminal punishment.

It is currently the only day and evening in-class criminology course being offered as a general education course at Mohawk College, and was developed last year by Dr. Kimberly Costello and Stephen Metelsky, an organized crime expert/media consultant with more than 20 years of experience as a police (ret.) sergeant.

“People undoubtedly have a fascination with ‘evil’ and extreme criminal behaviour,” says Costello, from the Fennell campus of Mohawk College in Hamilton, Ont. “Part of this fascination stems from a desire to understand the criminal mind. In our unique course, we bring Steve’s expertise in organized crime and my expertise in the psychopathic mind to give students a unique glimpse into the complex issues underlying the extreme criminal mind.” www.BlueLine.ca

NEWS CANADA

Vinyl stickers now available for Police Exemplary Service Medal recipients

This new sticker program is being offered across Canada. PHOTOS: HAL CUNNINGHAM Recipients of the Governor General’s Police Exemplary Service Medal (PESM) are invited to order a special vinyl sticker created just for them.

@Blue_LineMag

BL_March_Berbay.indd 1

“Join us in proudly displaying our service ribbon on your personal cars, motorcycles and ATVs,” says Hal Cunningham, a retired Toronto Police Service staff sergeant and PESM recipient who has started the vinyl sticker program.

This sticker program is being offered across Canada to any serving or retired officer that has been awarded this medal.

Proceeds will go to a new Ontario-based non-profit, Boots on the Ground, which offers peer support to first responders on the phone and in person.

“Our service ribbon is not generally known to the public and would be a discreet way to advise our police community of your status,” Cunningham says. “All serving and retired police officers in Canada will know that the owner of the vehicle with the service ribbon sticker served with distinction and will be there if any police officer needs their assistance.”

To order your sticker or for more details on this program, email: halcunningham1@ gmail.com.

PHOTO: RCMP

HALIFAX

New side-by-side for Halifax RCMP patrol in Musquodoboit Harbour

Halifax District RCMP have purchased a side-by-side vehicle to be used in the Musquodoboit Harbour area. The new piece of equipment will allow RCMP members to patrol trails, seasonal properties and assist when responding to search and rescue calls when required. Owners of seasonal properties accessible by local trails in Sheet Harbour, Middle Musquodoboit Harbour and Musquodoboit Harbour area can take an additional step to help keep their properties safe by requesting to be added to a list of properties to be checked by RCMP members on patrol during the off-season.

March 2019 | BLUE LINE

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2019-02-19 2:24 PM

NEWS LONDON

Canadian officer to carry “Flame of Hope” in United Arab Emirates

A London Police Service officer will travel to the United Arab Emirates to carry the ‘flame of hope’ as part of the Law Enforcement Torch Run Final Leg team for the 2019 Derek Spence PHOTO: Special Olympics LONDON POLICE SERVICE World Games.

Sgt. Derek Spence, a 32-year LPS veteran, will be a “guardian of the flame” during the final leg of the Law Enforcement Torch Run (LETR) that culminates March 14, 2019 at the opening ceremonies of the Games in Abu Dhabi, UAE. “I’m humbled to be chosen to represent the many dedicated and passionate law enforcement members of Torch Run Ontario,” says Sgt. Spence, who has been actively involved in the LETR for 28 years.

Sgt. Spence is one of 96 law enforcement officers selected from around the world to be part of the team that, along with 10 Special Olympic athletes, will run throughout cities and communities across the United Arab Emirates to honour the spirit of the Special Olympics global movement.

Data is becoming more important than ever, says Halton Deputy Chief Nishan Duraiappah, right. PHOTO CREDIT: PHOTO: PEEL REGIONAL POLICE which directly translates to more saved lives.

Expanding this network through collaboration with neighbouring agencies across Ontario is about doing the right thing for public safety — providing stable, critical infrastructure not only in times of crisis but for day-to-day use.”

By joining Halton’s dedicated public safety LTE network, Peel Regional Police will have uninterrupted access to “mission-critical data applications including GPS, maps, pictures, videos and real-time analytics to help keep residents and visitors safe,” added George Krausz, Motorola Solutions Canada president.

Halton Regional Police Service’s Public Safety Broadband Network, provided by Motorola Solutions, is the first dedicated public safety LTE wireless network for Canada’s first responders.

MISSISSAUGA

ST. JOHN’S

Peel Regional Police to join Halton Regional Police Service Public Safety Broadband Network

Newfoundland and Labrador to establish police watchdog agency

Peel Regional Police is joining the Halton Regional Police Service’s Public Safety Broadband Network (a dedicated, secure, high-speed wireless data communications network for emergency responders and public safety personnel to communicate with each other during both emergency situations and day-to-day operations) to enhance both officer and public safety across the regions.

With the advent of newly mandated Next-Gen 911 services in Canada, data is becoming more important than ever in 911 emergency response, said Halton Deputy Chief Nishan Duraiappah. “Halton’s new Public Safety Broadband Network helps emergency services teams to more efficiently and effectively respond to crisis situations with access to key data in order to cut minutes and seconds off response times, 8

BLUE LINE | March 2019

Newfoundland and Labrador is establishing its own independent police watchdog.

Justice Minister Andrew Parsons recently announced plans to create a Serious Incident Response Team (SIRT).

Like similar agencies in other provinces, the SIRT will look into cases of death, serious injury, sexual offences and domestic violence that involve police. The province is now looking for a director of the agency, who will select the rest of the team.

Parsons previously said his government was considering supporting a unified police oversight agency in the Atlantic region that would expand on Nova Scotia’s established investigative body.

The Ontario Provincial Police are currently investigating the November death of a man shot by a Corner Brook, N.L., police officer.

That probe will later be reviewed by the Alberta Serious Incident Response Team.

- © Canadian Press Enterprises Inc., 2018 CANADA

Better collaboration for investigators, digital forensics examiners

Magnet Forensics, a developer of digital investigation software, and Child Rescue Coalition (CRC), a non-profit organization dedicated to combating the sexual exploitation of children, have announced a technology integration that they say will help make it easier for investigators to find and prosecute child predators.

The data integration is centered around Magnet Forensics’ tool, Axiom, and CRC’s Child Protection System (CPS). Axiom lets digital forensics examiners acquire, analyze and report on digital evidence from smartphones, Cloud services, computers, IoT devices and thirdparty forensic images. CPS is a comprehensive system that compiles and curates millions of online child predator records.

Using a streamlined workflow, CPS enables investigators to target suspects based on the type and volume of child sexual abuse material (CSAM) downloaded or shared in their jurisdiction. Once a search warrant is served, the investigator uses Axiom to import the CPS file and process the seized devices. In turn, Axiom can corroborate the peer-to-peer downloading activity, digital identifiers and chat activity included in the CPS file, alongside the evidence from the suspect’s devices.

Additionally, Axiom can show connections between that suspect, the CSAM and any other previously unknown suspects or victims.

Magnet Forensics also recently announced a partnership with Grayshift, makers of GrayKey, to help law enforcement investigations. www.BlueLine.ca

NEWS DISPATCHES Fredericton Police Chief Leanne Fitch will retire in 2019 after two terms in the position. She was appointed chief in June 2013 after serving one year as acting chief and seven years as deputy chief. With more than 32 years in policing, Fitch spent more than 20 years in a broad range of frontline operational policing roles. She was named Officer of the Year for both the Atlantic Women in Law Enforcement (AWLE) and the International Association of Women Police (IAWP) in 2002 and 2003 respectively.

She has earned her Police Officers’ Exemplary Service medal from the Government of Canada, the Queen’s Diamond Jubilee medal and the Member of the Order of Merit for the Police Forces (M.O.M) from the Governor General of Canada.

Ottawa Police Chief Charles Bordeleau has announced his retirement, effective May 4, 2019. Bordeleau will complete his contractual time with the police services board, having served seven years as chief. He first began his policing career in 1984 with the Gloucester Police Service. In 2012, he was awarded the Queen’s Diamond Jubilee Medal in recognition of his contribution in building a safe and inclusive community. In 2014 Bordeleau was invested as an Officer of the Order of Merit of the Police Forces.

Chief Dale McFee is the new face heading up the Edmonton Police Service. He is the service’s 23rd chief. McFee, 53, has an extensive background in policing, including 26 years as a police officer in Prince Albert, Sask. (nine years as chief of police) and six years as the deputy minister of corrections and policing in the Ministry of Justice for the Saskatchewan government. McFee will take over from Interim Chief Kevin Brezinski, who was the police service’s interim commander during the transition from former Chief Rod Knecht.

The Royal Canadian Mounted Police has named Chief Supt.

Jane MacLatchy as commanding officer for D Division, which serves the province, as well as assistant commissioner. She is @Blue_LineMag

CALENDAR the first woman appointed to this role in the province. She comes with three decades of RCMP experience that have ranged from high-level management to sensitive operations, and was most recently the director of the parliamentary protective service in Ottawa. She takes over from Assistant Commissioner Scott Kolody, who announced his retirement from RCMP Manitoba after 34 years of service, including two and a half years as the commanding officer.

Staff Sgt. Darren Dinel was promoted to inspector at the Timmins Police Service.

Dinel started his career in 1999 and progressively moved up in the organization as a sergeant in drug enforcement and then a staff sergeant in patrol.

The Vancouver Police Department has promoted 20-year veteran Fiona Wilson to the role of superintendent.

Wilson previously worked in the Sex Crimes Unit, led teams in the VPD operations division and major crimes section as a sergeant, and worked on two major projects in the early 2000s that tackled regional organized crime groups. She is also the author of the 2007 report Lost in Transition, about the impact that the lack of adequate mental-health care for the mentally ill has upon police resources. She succeeds Supt. Mike Porteous, who announced his retirement in 2018 after 35 years.

Sault Ste. Marie Police Service has hired Robert MacLachlan as the new deputy chief.

MacLachlan will replace outgoing Deputy Chief Sean Sparling. MacLachlan is an experienced law enforcement leader with 43 years of service with the Peel Regional Police Service and Criminal Intelligence Service Ontario.

PROMOTIONS, RETIREMENTS, RECOGNITION • If you have an officer in your agency recently promoted or retiring or an individual you wish to have recognized (major award or recently deceased) you can let Blue Line magazine know by email to: dispatches@blueline.ca.

Police Leadership Conference April 7-9, 2019 Vancouver, B.C. cacp.ca International Financial Crimes Investigators Conference April 8-12, 2019 Toronto, Ont. www.torontopolice.on.ca/seminars Risk & Recovery Conference April 10-12, 2019 Hamilton, Ont. www.riskandrecoveryconference.com Conference on Indigenous Criminal Justice Post Gladue April 13, 2019 Toronto, Ont. www.osgoodepd.ca Blue Line Expo April 16, 2019 Mississauga, Ont. www.bluelineexpo.com Interac Risk and Cybercrime Conference April 24-25, 2019 Victoria, B.C. www.interac.ca/en/cybercrimeconference.html Symposium on Money Laundering & Financial Crimes April 26, 2019 Toronto, Ont. bit.ly/2ITwhmQ 10th Law of Policing April 30-May 1, 2019 Toronto, Ont. www.canadianinstitute.com/10th-lawpolicing/pricing Niagara Counterfeit & Fraud Workshop May 22-23, 2019 Niagara Falls, Ont. www.counterfeit-investigators.com Ontario Assoc. of Police Services Board Spring Conference May 22-25, 2019 Windsor, Ont. oapsb.ca

March 2019 | BLUE LINE

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Q&A Chief Supt. Amanda Jones is the new commanding officer of the RCMP’s V-Division, Nunavut Territory. A Canadian Peacekeeping Service Medal recipient (among many other awards), she is the eighth person to lead V Division since its creation and the territory’s first female commanding officer. Fresh from a two-year appointment in the Northwest Territories, where she was the officer in charge of criminal operations (G Division), she shares more about her northern experiences and plans for the future.

Q: What made you decide on a career in law enforcement?

Q: How have your experiences in B.C. and the N.W.T. prepared you for this role?

I grew up with a twin sister and we both told each other we wanted to be police officers and help our community. This was planned from an early age, probably around 8 years of age, when we were living in Montreal. As we got older, we were in the cadet program. We thought we’d maybe join the military but we really wanted to focus on Canada. I joined the RCMP in 1992.

The file management skills I learned when I was in E Division in B.C.’s lower mainland really help me.

Going to a multitude of different files and being on different units — I was on the major crime unit, serious crime, property crime and general duty — gave me a strong background.

Going to the north, first in Prince Rupert, B.C., and learning to work with isolated First Nations communities, which I’d never done before, gave me the experience to confidently move onto the N.W.T. and now Nunavut. Most people are shocked when they come to Nunavut by the feeling of isolation; I am not.

When I served on the UN (United Nations) mission to Kosovo for nine months in 2001. Prior to that I’ve been serving in bigger detachments, like Langley and Surrey in B.C. You can easily become overwhelmed there with a lot of files and find yourself not really engaging with the community. We all join the force to make a difference and so with the mission in Kosovo, I felt like I actually did make a difference — I was assisting the new Kosovo Police Service and teaching Kosovar Albanians how to be police officers.

It marked the first time females were allowed to become police officers, too, and I felt like I truly made a difference to the other women in Kosovo who had never been in law enforcement before, and showed them that, yes, they can do it.

Coming from a country where my gender had never been an issue when it came to my career, this was 10

BLUE LINE | March 2019

an interesting situation... It was challenging, dealing with a community that is not used to female police officers and so not used to respecting female police officers. I ignored that attitude and just kept on with the mission.

Q: Speaking of gender, you are the first female commanding officer of V-Division. Is there a lot of pressure that comes with that?

I’m not feeling the pressure actually. I’m feeling more than welcomed by the members, communities and the government. As a female member in the force for almost 27 years, I have to say I’ve never felt that difference — I’ve always seen myself as a member, not just a female member. I’m very proud and excited for this opportunity.

Snapshot of RCMP Nunavut:

1999 V Division is established

25

detachments for 28 communities & 185 employees

787,000 square miles of land and water

Q: What are some of your plans for V-Division? What changes do you want to see happen, if any?

I would say I’m the type of person that would come in first and speak to our members. I will be first engaging with them, the communities and the government, and see where we are standing. I know Chief Supt. Michael Jeffrey worked very hard for the division over the past four years, trying to get more resources. I know we’re under resourced so I will pick up where he left off and keep trying in that department. I am engaged with my staff now; there’s been plenty of meetings these past two weeks [in late January] to get a feel for where we are and where we need to go. www.BlueLine.ca

PHOTO: RCMP

Q: What has been one of the most memorable moments of your career?

Q: It’s been reported you want to bring Inuktitut language training into detachments.

Why is that important?

Eighty-five per cent of our population here in Nunavut is Inuit and to be able to communicate with them is important. They’re a big part of us. If we can’t engage in conversation with our community members, let alone take on files and get the community to the point that they can trust us as we speak the language or understand them, then that’s where we need to go. So that’s in the process. It’s also about asking the question how do we do recruiting from the communities, how do we encourage young people in the north to join the force.

Q: What has been a particularly challenging part of your career?

Working on the ground level with a lack of resources made it easy to

become overworked and overwhelmed.

It can be a very negative world and many times you’re dealing with the negative side of things. To deal with that I joined the army cadet program. That was my outlet for constructing positive attitudes and working with young people. Working with the community, especially the youth, can offset any negativity you’re holding onto from work. It shows you there are good people, young good people out there. That keeps you grounded through the challenges.

Q: With new leadership under Brenda Lucki, there have been many changes and hopes expressed for the RCMP. What are your hopes for the future?

My hopes are that we can get to a place where we are well funded, so we can bring the resources up to the

“Eighty-five per cent of our population here in Nunavut is Inuit and to be able to communicate with them is important.”

level they need to be. That way we can ensure we get the training for our members, whether it be operational or administrative. This way they’re not stressed about their jobs and in healthy mindsets.

Respect and harassment have been a big issue for the force. My goal for my division is that we are a respectful workplace and that when my members are in the detachment, they feel safe.

Q: What is your advice to others with dreams of climbing the ladder in law enforcement?

The big thing is patience. Work hard and keep working hard. Value your employees; they come first, well before you. Stay positive.

Don’t go into the negative thought process. Lastly, have the strength to make the right decisions, even if they’re not always the most popular decisions.

PART OF YOUR TEAM Commissionaires works with hundreds of municipalities to deliver administrative and non-core police support so sworn officers can focus on the jobs only they can do.

commissionaires.ca @Blue_LineMag

BL_March_Commissionaires.indd 1

March 2019 | BLUE LINE

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2019-01-09 10:23 AM

HEALTH & WELLNESS

BY ISABELLE SAUVE

Stop the generation war

I

t can be tempting to stigmatize a previous or subsequent generation. It is often a reaction to fear of the unknown.

Embracing a way of thinking or behaving in a way that is foreign to us can be daunting, as we are inclined to think and act according to what we know or believe to be true.

In large, law enforcement personnel tend to be resistant to change.

Considering different views and approaches can be a challenge, but it is necessary and crucial to organizational development and advancement.

It can undoubtedly be difficult to relate to or understand a generation other than your own. In a law enforcement setting, it can be particularly challenging to work alongside younger (or older!) cohorts who come from a dissimilar background and have a different view on work and life.

Arguably no generation has received more criticism, been more studied, or so repeatedly written about than the generation born between 1981-2000. Sociologists have identified them as “millennials” or Generation Y. They have been shaped by major events, such as the explosion of technology, multiculturalism, 9/11 and social media, and the parents of this generation have in large been described as overprotective and/or coddling.

Millennials have also been exposed to distinct economic, social, political and environmental circumstances compared to what the baby boomers (1946-1964) or generation Xer’s (1965-1980) were exposed to. Consequently, they have a different view of the world. They come equipped with their own approaches, views, values, skills and knowledge to offer.

Millennials have been portrayed as having an unprecedented sense of entitlement, a need for too much flexibility and an unwillingness to “pay their dues.” In a para-military structured organization with great emphasis on rank, this can be viewed as troublesome to some.

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BLUE LINE | March 2019

Snapchat, Facebook, Instagram and camera phones are creating the selfie generation, according to various articles in the media.

However, millennials are hardworking individuals who want to make a difference and they believe they can make a difference. Their approach to work and life is different and should not be perceived as disruptive.

Bridging generational gaps requires an understanding of the cultural backbone and the formative background of each cohort. Focusing on the positives, as well as understanding what “drives” cohorts, is an important step towards relationship building, mutual respect for differences, healthier working alliances and ultimately a more productive work environment.

While each person has unique values, interests, talents and personalities, generation cohorts share collective foundational experiences.

They were influenced by the same social, political and environmental atmosphere. Millennials as a generation are described as being creative, independent, confident, family and community focused, as well as tech savvy. It is also well known that many of them place social media at the centre of their lives. They cherish time off and value interests outside of their professional occupations.

They work hard when properly engaged, even if they are not necessarily committed to one lifelong career.

One of the best ways to shrink the generational divides is to be flexible with the traditional rules and for each cohort to take steps towards one another.

They greatly value authority and crave feedback. In the workplace, they are more inclined to communicate through the use of technology than to seek face-to-face interaction.

Channeling these attributes and focusing on the existing common ground, rather than on differences, is a real challenge for all management; nonetheless, doing so can promote employee motivation and enhanced job performance.

Wellness and employment satisfaction can also be improved.

Mentorship programs can help build mutual trust, respect and understanding. They can also encourage millennials to make use of their distinctive talents and skills.

The value of working collaboratively on tasks or projects can elicit additional commonalities or points of interest. Team building initiatives can bring colleagues together.

Supporting and encouraging is key to closing generational gaps.

From a managerial point of view, some cross-generational challenges include varying ways of resolving issues, communication styles, work/ life balance considerations and feedback expectations. Initiatives permitting creativity and personal development while respecting structure, procedures and policies should be encouraged. Stereotyping cannot be an excuse to abandon one’s duty as manager. Managers must be mindful of generational intricacies and provide adequate guidance.

One of the best ways to shrink the generational divides is to be flexible with the traditional rules and for each cohort to take steps towards one another. Diversity in the workplace is essential and one of its utmost strengths. An organization’s success is the sum of its various unique parts.

Isabelle Sauve is a 11-year OPP veteran currently with the Emergency Response Team (ERT) at the Almaguin Highlands Detachment in Burks Falls, about 300 km north of Toronto. She can be contacted at: isabelle.sauve@hotmail.com.

www.BlueLine.ca

BEHAVIOURAL SCIENCES

BY PETER COLLINS

Dogfighting, the investigation: Part two “If a man aspires towards a righteous life, his first act of abstinence is from injury to animals.”

- Albert Einstein

Journal, Your Friend and Mine, American Game Dog Times, The Scratch Line, Face Your Dogs and The American Warrior.

Technology is increasingly being used in the subculture of dogfighting. Matches are filmed and can be streamed online. Many dog fighting enthusiasts will use the internet to maintain contact with other ‘like-minded” individuals and post-match statistics. There should be a thorough search of computers and internet history.

T

he link between animal cruelty and other forms violence was discussed in the February 2019 Behavioural Sciences column.

Animal cruelty can co-exist with other forms of violence, such as domestic violence, homicide and child abuse, to name a few. The blood sport of dogfighting, and its connection with gangs and organized crime, was also discussed. Although more prevalent in other countries, it has become a growing concern in Canada. Dogfighting is the act of encouraging, aiding and assisting in baiting or fighting of dogs (or dogs fighting with other animals) and is addressed in s.445.1 of the Criminal Code.

Dogfighting is a devastating form of animal cruelty. In order to increase their aggressiveness towards other dogs, they are usually raised in isolation. Most of their short lives are spent tethered to short and heavy chains. Drugs, including anabolic steroids, are administered to increase muscle mass and make the animal more aggressive. To limit what other dogs can grab during a fight, the owners will inhumanly crop the ears and tails of the animal.

What to look for

According to a guideline published in 2011 by the American Association for the Prevention of Cruelty to Animals, there are a number of indicators of dogfighting: • Several to many dogs, mainly pit bulls, kept chained on a property out of reach of each other; • Dogs that show signs of having been fought — scars on their faces, legs and chest; • Dogs restrained by heavy chains or attached to heavy weights or concrete blocks; • Training equipment like treadmills being used to exercise dogs; • Dogs being trained to strengthen their grip by hanging from ropes, tires, hides or springs; • Unusual traffic — people entering or leaving a building or alleyway with pit @Blue_LineMag

Bait animals

bulls or other breeds of dogs popular in dogfighting; • Loud noises associated with such gatherings (although the dogs themselves are often quiet); • Reports of dogs or cats being missing or stolen in the area (“bait animals”); • Individuals displaying clothing or tattoos glorifying dogfighting; • Dead or injured pit bulls or other dogs found in the area; • Reports of dog bites or attempted bites from poorly controlled fight animals.

Investigators should also look for the presence of blood spattered on any surface.

Dogs may be fought or trained in basements, garages, barns and vacant buildings, so spatters of blood on any interior walls or floors should be closely documented.

Dogs are often trained outside, so agents should watch for blood spattered outside, especially near training equipment. When live animals are used as bait, there are generally remains of the animals on site.

Investigators should also look for patches of fur, bones or decomposed bodies.

Other indicative material can include wooden sticks or handles used to pry open dogs’ jaws; weight scales; any books, magazines, photographs, film, videotapes, or writings that may contain material that depicts or promote dogfighting or training or conditioning of dogs for dogfighting; any awards, trophies, plaques, or ribbons promoting or relating to dogfighting. Despite having an online presence, publications devoted to dogfighting are still available. Titles include The Sporting Dog

Other animals are used to test a dog’s instinct to fight. These “bait” dogs, cats and rabbits are stolen or “adopted” pets used in the training of the fighters and mauled or killed in the process. Typically, the bait dogs are tied up while the fight dogs tear them apart. Sometimes they are confined in an area to be chased and mauled by the fighter dogs. The snouts of bait dogs are wrapped with duct tape to prevent them from injuring dogs being trained for fighting. Occasionally their teeth are ground down to the gums to render them helpless against fighting dogs.

In summary, individuals that are involved in dog fighting units are often the same gang members and violent criminals that are investigated by major crime, drug, organized crime and gang units in Canadian policing. Dog fighting raids have resulted in arrests of serious criminals.

Sgt. Teena Stoddart, Ottawa Police Service, and Dr. Rebecca Ledger, an animal welfare scientist, are part of an initiative to train Canadian Law enforcement on the Violence Link. Humane Canada is sponsoring the Canadian Violence Link Conference in Toronto this November. Find more information at clc.humanecanada.ca.

My goal, in this monthly column, is to explore a wide variety of behavioural issues related to law enforcement. If you have any questions or suggestions, email pcollins_ blueline@gmail.com.

Dr. Peter Collins is the Operational Forensic Psychiatrist with the Ontario Provincial Police’s Criminal Behaviour Analysis Unit. He is also a member of the crisis/hostage negotiation team of the Toronto Police Service. His opinions are his own and not necessarily the opinion of the OPP, CAMH, University of Toronto or his mother.

March 2019 | BLUE LINE

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COVER STORY

Remington 870 DM hits the mark Is there still room for a police shotgun in the 21st century? By Dave Brown

The detachable magazine at the exact centre of gravity kept the muzzle rise more consistent from shot to shot.

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BLUE LINE | March 2019

But is there still room for a shotgun in the front seat of a modern police vehicle where the patrol carbine has quite rightly taken over as the primary intermediate-range response weapon? Remington is gambling that there is.

The one drawback to the traditional tube-fed shotgun is that it’s slow to reload. Once its limited magazine capacity is used up, spare shells must be fed one at a time into the magazine tube. Remington has addressed that problem with their latest shotgun for 2019 – the Model 870 DM. DM stands for detachable magazine, and this is exactly what it is – a pump shotgun that feeds from a box magazine. Once the ammunition is used up, the officer drops the empty mag and inserts a fresh magazine from a pouch on their vest or belt.

Switching ammunition types is as simple as swapping magazines.

When the Remington 870 DM was first announced, some people said that a box magazine-fed shotgun is like a hammer looking for a nail.

Maybe so, but when you pound a nail with a shotgun, it stays pounded.

Remington has not yet announced an 870 DM Police model, but if Blue Line tests are any indicator and if the market sees the advantages of a box magazine, there may very well be a brand-new shotgun racked beside your patrol carbine in the front seat of your vehicle.

The challenge

Shotgun shells are simply not designed to be stacked on top of one another. Other manufacturers have tried box-fed shotguns, with varying success. Some end up nightmares of unreliability, with internet forums full of advice on how to fix their basic design flaws. These shotguns, often styled to look like AK or AR rifles, appeal to those more prepared to tinker with them to get them working right than to shoot them.

Mossberg was the first mainstream U.S. manufacturer to create a box magazine version of a 12-gauge pump shotgun. The Mossberg 590M uses double-stack polymer magazines, available in five, 10, 15 and 20 round configurations. Mossberg www.BlueLine.ca

PHOTOS: DAVE BROWN

W

ithin its design

The range, nothing stops a deadly shotgun threat as efficiently or as effectively as the police shotis just gun. A shotgun can fire a wide variety a tool; of loads, and in the hands of a trained the mind officer, can deliver fight-stopping impact at close range. The pump is the shotgun has proven to be a simple, and reliable companion through weapon. fast generations of police officers.

prioritized magazine capacity over compact design and especially appeals to shooters who want a sturdy and reliable shotgun with enough capacity to load in the morning and shoot all day.

Remington went a different direction. They studied the number of shells that could be reasonably contained in a single-stack magazine that would comfortably store in a pocket and wouldn’t hang down so far that it got in the way. Six rounds was the magic number.

(Three-round magazines designed for hunters will also soon be available. Unlike the six-round magazine, they are designed so they cannot seat in a closed action, meaning they will comply with hunting regulations in most prov@Blue_LineMag

12

-gauge shotgun

inces that allow no more than three rounds total in the shotgun for certain types of hunting activities.)

The highly-engineered Remington magazine is made from polymer and stamped steel. It uses hardened steel lips to grip the brass part of the shell casing – preventing any possible deformity during long-term storage – and the shells naturally

stack inside the magazine so that one protruding rim always sits in front of the rim just below it. Shells feed straight into the chamber from the magazine in a way that is both simple and clever, but it took a lot of work to make it 100 per cent dependable. Remington used new technologies in computer modelling and high-speed photography to

When the Remington 870 DM was first announced, some people said that a box magazine-fed shotgun is like a hammer looking for a nail. Maybe so, but when you pound a nail with a shotgun, it stays pounded.

March 2019 | BLUE LINE

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We tested our 870 DM in a mock police configuration, with an aftermarket Mesa Tactical Urbino pistol-grip stock and a 14-inch police barrel.

Shooting tests

The first thing we noticed upon opening the box was that the matte finish is almost indiscernible from an 870 Police with its more expensive Parkerized coating. Machining and fit were almost flawless and the chamber is the smoothest and most finely honed we have seen out of the Remington factory in decades.

We never had a single failure to feed, fire, extract or eject during the 16

BLUE LINE | March 2019

tests. And all we did was open the box, wipe the inside of the bore, load it up and fire a case of shells through it. The 870 DM both fed and extracted everything we threw at it, no matter how cheap or expensive the shells.

We found the difference in weight between the tube-fed and the boxfed Remington to be negligible. The difference in reliability was night and day. We have tested many recently made 870 shotguns, and have tried multiple combinations of magazine followers, springs and extension tubes, and have never found a combination that works perfectly. The two-piece design of the six-round tube just seems to sometimes cause a shell to hang up slightly when pumping fast, resulting in a resounding ‘click’ on the second or third round out of the shotgun. Granted, few people rack the pump fast enough to experience this but the more we shot with the detachable magazine, the more we began to realize that professionals who value reliability in the real world will find the whole tube feeding thing archaic, problematic and just plain slow into action if starting with an empty shotgun.

When we fired a box-fed and tube-fed 870 back-to-back, we also noticed another characteristic of the magazine being centered below the receiver instead of slung under the barrel. Not only did the detachable magazine not feel bulky, but we also found the balance of the shotgun stayed the same for every round. The tube-fed shotgun would start off nose heavy, and as the

6

-round box magazine feeds the shotgun

2,000 rounds

fired by Remington during testing of the Model 870 DM

magazine emptied, the centre of gravity would shift slightly backwards, resulting in a change in muzzle rise for every shot.

The DM’s detachable magazine at the exact center of gravity kept the muzzle rise more consistent from shot to shot. While the difference may be subtle, an electronic range timer did confirm the increase in speed to empty a magazine.

The evolving role of the shotgun

The problem with the police shotgun has never been about the shotgun. They work. The problem has been about the training.

The shotgun is not for every fight.

It is most ideal when the fight is close, fast and needs to be over quickly. A handgun is always with you, but in dynamic situations, accuracy with a handgun can drop off dramatically after about seven metres. Loaded with buckshot, a police shotgun can keep every pellet within the torso as far back as 20 metres. Loaded with slugs, a shotgun can penetrate barricades past 100 metres and instantly stop large, dangerous animals with one round when required.

But traditional training has sometimes made the shotgun too complicated or caused too much discomfort. Many officers remember bruises from training but forget the versatility and fight-stopping capability of the shotgun. It also uses fewer fine motor skills than almost any other police weapon, meaning the shotgun can be fired accurately and effectively at close range by www.BlueLine.ca

PHOTOS: DAVE BROWN

ensure reliability, and then tested it by firing over 2,000 rounds, each through 100 test shotguns. Not only are there fewer parts in the DM, but Remington tests also showed that shells feed even more reliably than the original 870 design.

The aluminum magazine well attaches to the receiver with two large pins that can be quickly unscrewed for cleaning or replacement. A large ambidextrous magazine release sits in front of the magazine well. A simple, modified bolt design feeds both two and three quarter-inch and three-inch shells into the chamber, leaving all other aspects of the shotgun the same as any other 870 on the market. Users can easily change stocks and, unlike the Mossberg 590M, can switch barrels with any other 870 model. A short magazine tube remains to support the action bars and forend tube.

To illustrate how Remington remained true to the versatility of the 870 design, we tested our 870 DM in a mock police configuration, with an aftermarket Mesa Tactical Urbino pistol-grip stock and a 14-inch police barrel.

COVER STORY almost anyone with a reasonable amount of training.

The shotgun does not replace a patrol carbine, or vice versa. Today, the ultimate role of the police shotgun is still in transition. Some agencies have dropped them entirely. Others are looking at repurposing them for less-than-lethal ammunition.

This can create serious problems.

A mix of lethal and less-lethal rounds amongst traditional agency shotguns is a recipe for disaster. If carried empty where rounds can be identified before loading, they are slow to load. If carried loaded, there is no easy way to see what’s in the magazine tube. There must be a guaranteed way to keep shotguns with less-than-lethal rounds away from shotguns with lethal shells in the tube. Twelve-gauge, less-lethal options provide a valuable tool for street officers, but only if agencies have clear policies, firmly enforced procedures and total buy-in from all

Loaded with slugs, a shotgun can penetrate barricades past 100 metres and instantly stop large, dangerous animals with one round when required.

18.5 -inch cylinder bore barrel

Did you catch Dave Brown’s firearms feature in the December 2018 issue? Find it here: bit.ly/2BD7UZXt

staff. It also requires instant recognition as to the type of ammunition currently loaded.

This is where a detachable box magazine can be really useful. Contents of the magazine can be instantly identified through colour coding and agencies who have gone with the less-lethal rounds in patrol cars don’t have to give up the ability of the police shotgun to instantly stop a fight. After all, the longer a gunfight goes on, the more people can get killed.

The detachable box-fed shotgun is ideally suited to this dual role.

Patrol officers can have magazines with different colour-codes to clearly mark buckshot or slug contents, and street supervisors could have magazines marked bright orange to indicate less-than-lethal impact rounds. The same shotgun can thus perform two different roles, depending on the situation, as long as steps are taken to ensure magazines cannot get mixed up when deployed.

The future of police shotguns

Twelve-gauge, less-lethal options provide a valuable tool for street officers, but only if agencies have clear policies.

@Blue_LineMag

Is a pump shotgun feeding from a box magazine the perfect solution for everyone? Not really. Not everyone is going to like the idea — in particular: the crowd with the “cool guy” gear who charge big dollars for some three-day shotgun course where they teach “operators” how to reload strong hand, weak hand, under the receiver, over the receiver and standing on their heads, etc.

For them, two days of reload training can now be replaced by five seconds of “tug out the old magazine/slam in a new one.”

The three-gun shooters with a heavy investment in training and all those expensive shell holders dangling all over their shotgun like it was some tactical Christmas tree are not going to like it either. All those bulky shell holders on their

shotgun – or hung from their belt – that could accidentally drop so many shells on the ground, one could retrace their steps back to the start line can now all be replaced by two $35 spare magazines and the back pocket of their blue jeans.

So, who is going to love this shotgun?

• The instructor who knows that the shotgun is just a tool; the mind is the weapon.

• The police firearms trainer who can now teach the same simple reload motion as they do with the patrol carbine.

• The agency looking to repurpose some of their shotguns into a dual-role capacity, with both lethal and less-than-lethal capability.

• The officers in remote areas where their threat may be a pack of wild dogs one minute and a charging polar bear the size of a small truck the next.

A shotgun is not a carbine. It is designed for an entirely different role. You don’t turn a horse into a zebra by painting on stripes, and you don’t turn a shotgun into a carbine by adding accessories, changing stances or watching a few videos. They both have their place, and in my opinion, that place would be in the front seat of every police vehicle in Canada.

Is the Remington 870 DM the future for police shotguns? Based on our tests, we sure hope so. For police and other agencies who need a shotgun’s unique defensive capabilities, nothing pounds a nail as hard nor leaves a nail more pounded.

Dave Brown is Blue Line’s firearms and police vehicle contributor. He is a tactical firearms trainer and consultant based in Winnipeg, Man. He can be reached at davebrown@ blueline.ca.

March 2019 | BLUE LINE

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TRAINING

Maximizing de-escalation As mental health related calls for service continue to increase, the Delta Police Department has opted for a new approach to keeping people – and police officers – safe. By Norm Lipinski, OOM, MBA, LLB

Why ICAT?

The DPD continues to see an escalation of “people in crisis” calls and although there is a myriad of possible reasons why the trend continues, the stark reality remains; some of these calls can be “high risk.” To clarify, “high risk” means physical, legal and emotional risk for all those involved. When officers are deployed to these calls, it is incumbent on leadership to ensure they are equipped with the best and most advanced tools – not necessarily physical tools – to bring high risk calls to a safe conclusion.

The courts have always ruled police officers should resolve conflict with the least amount of force necessary, but that is 18

BLUE LINE | March 2019

dependent on the equipment and training officers can rely on at the time of the call.

To that end, it would be prudent to have all frontline officers equipped with a conducted energy weapon (CEW) and a Less Lethal Launcher. However, when these calls occur, waiting for the appropriate equipment to arrive could be a missed opportunity to resolve the situation without anyone being hurt. With a supportive police board, the DPD is equipping the entire frontline with personal issue CEW and Less Lethal Launcher. However, even the use of less lethal tactics is a use of force option that should come after attempts to de-escalate a situation with communication.

Like most agencies across Canada, DPD has always focused on tactical skills, training and response, but an identified gap exists in the area of soft skills. Soft skills are the ability to talk a person out of crisis without a display of force or authority – to obtain compliance through dialogue.

How do we use ICAT?

After extensive examination across the globe, the Police Executive Research Forum (PERF) has put together a program entitled Integrating Communications, Assessment and Tactics (ICAT).

In March of 2017, DPD sent a combination of trainers and senior management to one of the PERF sessions, which proved to be very valuable. It allowed everyone to be on the same page as far as law, policy, training and ethics are concerned, while cementing an organizational commitment to this approach to de-escalation. www.BlueLine.ca

PHOTO: DELTA POLICE DEPARTMENT

P

olice use of force events that result in injury, particularly when a subject is suffering from mental health crisis, often makes headlines, usually with little context, about what may have occurred. Significant events can impact the personal and professional lives of police officers, whose names flash across a TV screen or pop up on social media feeds across the country. The ultimate goal for police officers is to de-escalate a tense or potentially violent situation using as little force as possible in order to bring the event to a safe and successful conclusion. In order to maximize the ability for officers to avoid force, the Delta Police Department (DPD) has trained its entire sworn cadre in a technique called ICAT (Integrating Communications and Tactics).

The DPD took the information garnered from that program, conducted further research and developed a home-grown model.

Using the same acronym, the DPD simplified the title: Integrating Communications and Tactics (ICAT).

It is important to note that ICAT is best suited for those calls where an individual is acting erratically, is not mobile, and is not armed with a firearm.

Since it will typically be uniformed officers responding to the call and planning should commence as information is being relayed, we found that the Los Angeles Police Department (LAPD) template was beneficial. The PATROL template serves as a guide for officers that ensures they are collecting all relevant information, considering all levels of tactics and communicating effectively to the rest of the team. The acronym PATROL makes it easier for officers to recall important aspects of a call, garnering greater buy-in at the front line:

All officers receive a plasticized card outlining the de-escalation steps...

The DPD model includes the following six steps: 1. Introduction - Hello my name is… …I’m with the police and would like to help. What’s your name?

2. Listen - What happened? How can I help? (allow subject to talk) 3. Empathize - I see you’re upset, tell me about it.

4. Ask Open Ended Questions - Can you tell me more about that? Can I ask you to put the knife down? Can I ask you to step away from the railing?

5. Paraphrase - So what I hear you saying… …we can work this out together… nobody is going to hurt you.

6. Summarize - How about we/I help you (provide options/solutions) The standard LEAP model does not include an official introduction, but we felt that by having an officer introduce themselves, it creates a personal relationship and opens up dialogue in a more natural way.

We win every fight we avoid, but I recognize that avoidance is not always possible. With verbal de-escalation, layered force options and appropriate training, this complete system has put us in a better position for the best outcome.

The training

Once an officer arrives on the scene and utilizes PATROL, how does he or she de-escalate?

In my view, not enough attention is paid to this issue both in recruit training and ongoing in-service training.

Having a junior officer respond to a suicidal person on a bridge and expecting them to communicate effectively, for perhaps a significant period of time, before a bona fide negotiator arrives is not a good scenario. What’s needed is training in the effective use of communication skills to calm the person down and reduce the probability of injury to that person and anyone else.

In order to bridge that critical gap of young officers waiting for trained negotiators, we worked with our Critical Incident Negotiators to modify the well-known LEAPS model. The model gives any responding officer a standard script to either slow things down or bring the crisis to a successful conclusion. @Blue_LineMag

Someone once said that repetition is the mother of skill and that is so true with ICAT. As of January 2019, all DPD officers are trained in the concepts of ICAT and, more importantly, each officer takes the lead on at least three scenarios in the training. Yearly, there is a quick review and at least one scenario for every officer.

Real actors are used in the scenarios since the emotional component is very high. Also, each officer is advised simmunitions are not required in ICAT training. This allows for the freedom to talk without face protection and to be able to read facial expressions on the actor. Non-verbal communication, such as facial expression, is a key component of ICAT, and officers need to exercise the perishable skill of reading physical cues without encumbrances. Finally, all officers receive a plasticized card outlining the de-escalation steps that they can keep in their notebook for quick reference.

When police respond to a person in crisis, saving lives is of utmost importance. It is incumbent on police leaders to give all available tools to officers, particularly younger officers who are often the first to arrive on scene. The starting point in ICAT is to put the frontline officers in a winnable situation. That means developing communication skills and tactics that maximize de-escalation in one cohesive, integrated package. ICAT does that.

Norm Lipinski, OOM, MBA, LLB, is the Deputy Chief Constable of the Delta Police Department, a role he has served since 2016, after serving for five years as an Assistant Commissioner with the RCMP and 33 years with the Edmonton Police Service. He is an Officer of the Order of Merit of the Police Forces and is Vice-President of the BC Association of Municipal Chiefs of Police and Co-Chair of the Canadian Association of Chiefs of Police Law Amendments Committee. Reach him at nlipinski@deltapolice.ca.

March 2019 | BLUE LINE

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USE OF FORCE

The valid role of inferential reasoning in use of force cases

By Sgt. Brad Fawcett

L

aw enforcement, like any other profession, develops its own body of inferential knowledge — knowledge that is accrued though training and experience. This allows practitioners to make informed assumptions regarding the situation they are in. A recent court case involving an officer-involved shooting highlights why inferential reasoning is important when it comes to justifying use of force.

If you are a fire fighter, the colour of smoke matters. To the rest of us, it’s just smoke. Similarly, the location from which the smoke appears to originate (front of the house, basement, back of the house) matters to a firefighter because the colour and apparent origin provide immediate information about the type of fire he or she will probably be combatting. More importantly, the firefighter is not working off a paper checklist but, rather, a mental plan honed by training and experience that will be tweaked as more information is obtained.1 Likewise, an experienced waiter or waitress develops job-specific knowledge that has significant implications for his or her salary. The experienced waiter/waitress quickly learns to read body language 20

BLUE LINE | March 2019

that has meaning to him or her with respect to freshening coffee, providing condiments and knowing who is ready to pay. A good waiter or waitress can sometimes appear to read minds and this inferential knowledge may result in the customer leaving a larger tip.2 Some instances of inferential knowledge may not be so dramatic: rain has been forecast, the sky is overcast and, like other rainy days you have experienced, you conclude it is likely going to rain. Based on our experience with rainy days, we are almost always right. The consequence of being wrong when relying on inferential knowledge predicting rain is usually nothing more than embarrassment or inconvenience. In law enforcement, apparently innocuous behaviours, many of which are perceived as non-threatening to others, have meaning for the officers involved and the consequences of being wrong can be significant.

In the book Canadian Police Work: 3rd Edition, Curt Griffiths3 noted that police officers develop “typifications,” or constructs of events based on the officer’s experience and schemas; decisions normally made and the actions normally taken in

certain situations. Just as the firefighter learns to identify potential dangers based on the location and colour of smoke, police officers learn to identify potential violence and develop strategies on how to address it.4 These strategies learned through training and experience allow for a rapid assessment and force selection. In their research, Michael D. White and Justin Ready indicated that police typically react to situational cues, such as unpredictability and the characteristics of the area in which the incident takes place.5 On a dark September evening in 2009, Const. David Pompeo and his partner were patrolling in a semi-rural Vancouver Island community when they spotted a vehicle driven by a subject they knew to be a prohibited driver. A short pursuit ensued, followed by a brief encounter with the occupants. The driver exited the vehicle and adjusted his position relative to the officer and repeatedly reached toward a jacket pocket. The officer, believing the driver to be reaching for a weapon, shot him. The investigation that followed resulted in the member being charged with aggravated assault and ultimately being convicted in September 2013. www.BlueLine.ca

The conviction was appealed on several grounds, including the original trial judge’s decision to disallow evidence of a use of force expert. The B.C. Court of Appeal ordered a new trial concluding that the judge never came to grips with the critical question — was Pompeo’s belief that lethal force was necessary and objectively reasonable and not the product of fear and stress?6 This question would ultimately be answered with the assistance of a use of force expert.

The matter was re-tried in late 2015 and early 2016 with the officer charged with assault causing bodily harm (s.268(2) CCC). Defence called two use of force experts in the new trial; the prosecution did not call an expert. One of the issues raised was that of inferential knowledge.

An understanding of inferential knowledge was necessary to assist the trier-offacts in determining culpability. Police officers accrue inferential knowledge by participating in foundational recruit training during which they receive instruction in identifying behaviours associated with violence. Instruction may include,

but is not limited to, identifying preassault cues, characteristics of armed persons, reaction time, reactionary gap, and the one-plus-one rule. Officers accrue more inferential knowledge during their working careers as they observe assaultive behaviour, behaviours preceding assaults, post-assault behaviours, and experience being assaulted. As with firefighting, it is usually not one behaviour that determines response selection but rather a constellation of behaviours that lead a reasonably trained officer to infer that a subject is preparing or initiating an assault.

One of the issues raised by the prosecution at trial was that of bias in the mind of the officer because of special knowledge he had of the suspect with respect to a past conviction for armed robbery and that knowledge may have caused the officer to misidentify innocent behaviours as threatening ones.

In other words, the officer may have increased his perception of risk because he had knowledge of the driver’s past criminal activities, which he may have been made aware of by police dispatch, various police data-

bases or past dealings with the subject. The prosecution’s theory was this knowledge caused the officer to develop an unreasonable fear not supported by objective facts.

There are important reasons why police dispatchers inform officers of the status of vehicles and registered owners, criminal histories associated with addresses and occupants. There are reasons why there are mobile data terminals in cars, which routinely update police officers with information including criminal histories. The information provided increases situational awareness, allows police officers to make informed tactical decisions and to begin the process of an evidence-based risk assessment.

The behaviour consistency model holds that past performance is a predictor of future performance.7 A person who has demonstrated a willingness and ability to inflict violence on another person can reasonably be perceived as more dangerous than one who has not, hence the critical value of background information when dealing with high-risk encounters for public, officer and subject safety.

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2019-02-11 10:14 AM

USE OF FORCE The original conviction, had it stood, would have had a significant effect on police training; officers would now have to have concrete evidence of a deadly threat before acting to preserve their lives. Such a position would be contrary to decades of police training, which was supported by reaction time studies8 and centuries of blood lessons.9 Officers could have been placed in a position whereby they would have to wait until a weapon was seen before they were justified in responding. This would leave officers in an indefensible position; they would simply be too far behind the reaction curve to respond to a perceived threat.

Officers, in essence, would have to be hit before they coud hit back, despite years of court decions that supported the position that officers or a member of the public may have to hit back first if he or she reasonably believed they are about to be assaulted.

This notion is captured in s. 265 (1) CCC: A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b)he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to affect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. (emphasis added) The self-defence provisions of the criminal code found s. 34 CCC, Defence of Person, support the use of “pre-emptive” force: 34 (1) A person is not guilty of an offence if (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; (b)the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and (c) the act committed is reasonable in the circumstances (emphasis added) S. 34 CCC lists several factors to be considered, which includes, “whether the act committed was in response to a use or threat of force that the person knew was lawful” (emphasis added).

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BLUE LINE | March 2019

The language and case law, as it has evolved, supports the notion that police officers, or anyone, can use force to prevent an assault they reasonably believe is imminent.

The Defence relied on section 25(3) CCC which prohibits the use of lethal force unless the person believes, on reasonable grounds, that such force is necessary for the preservation of that person or another’s under that person’s protection. Section 25(3) requires that a person using lethal force must have a subjective belief that its use is necessary and that belief is objectively reasonable (R. v. Nasogaluak, [2010] 1 S.C.R. 206, at paragraph 34). The prosecution held that the officer acted unreasonably and acted primarily out of fear. While the officer may have held a subject belief that his life was in danger, the prosecution contended that belief was not supported by objective facts.

At trial the defence presented evidence of the knowledge gained through training and experience that would lead any reasonable officer to infer that he or she was about to be assaulted. Behaviour such as not stopping immediately for a police vehicle with emergency equipment activated, reaching toward pockets, repositioning relative to the officer, lowering into a loaded position, non-compliance with commands and/or staring/glaring are all behaviours that could have an innocent explanation and purpose. However, police officers must interpret them considering their training and experience, and in an aggregate or cumulative sense, taking all the components together and making a reasonable inference from it.

The court did not employ a final frame analysis; it considered the evolution of the incident and how it caused the officer to perceive it in a threatening way. The trial judge noted, “For Constable Pompeo, the shot fired into Mr. Gillespie was the culmination of a series of acts and events, all of which combined to cause him to believe, at the crucial instant, that his life was at risk and that he was thus justified in using lethal force.” [R. v. Pompeo, (2016), BCPC, page 8, paragraph 20].

Importantly, the judge noted that the fact that the driver was ultimately determined to be unarmed at the moment the officer made his decision to shoot had no bearing on the analysis of reasonableness. The trierof-facts “… must deal with the case as if the driver did have the ability to produce a weapon as Constable Pompeo honestly believed to be the case” [R. v. Pompeo,

(2016), BCPC, page 8, paragraph 20].

Const. Pompeo was acquitted after a six-year ordeal. The trial judge accepted the defence experts’ opinion that police officers are typically reacting to demonstrated behaviours that may have an innocent purpose; however, police officers have no way of knowing that. The officer, therefore, is at a significant disadvantage.

An understanding of pre-assault cues and specific strategies and tactics are intended to equalize, as much as possible, the action-reaction time differential. Inferential knowledge allows for rapid decision-making; however, there is a speed\accuracy trade-off, which may result in the misidentification of behaviours. The evidence presented at trial, and accepted by the court, held that inferential knowledge plays a significant and valid role in determining reasonable use of force by police.

Footnotes:

1. Klein, G. (1998). Sources of Power: How People Make Decisions. Cambridge: MIT Press.

2. Streumer, B. (2007, 01). Inferential and Non-Iinferential Reasoning. Philosophy and Phenomenological Research, pp. 1-29.

3. Griffiths, C. (2013). Canadian Police Work: 3rd Edition.

Toronto: Nelson Eductation Ltd. 4. Lee, H. &. (2010). Organizational factors that contribute to police deadly force liability. Journal of Criminal Justice, 193-206.

5. White, M. &. (2007). The TASER as a less-lethal force alternative: Findings on use and effectiveness in a large Metropolitan Police Agency. Police Quarterly, 170-191.

6. Mulgrew, I. (2014, 08 09). Mountie Convicted of Shooting Unarmed Motorist Wins New Trial. www. vancouversun.com/Mulgrew+Mountie+convicted+shooting+unarmed+motorist+wins+trial/10102564/story.html 7. Fabrigar, L. (2006). Understanding Knowledge Effects On Attitude-Behavior Consistency: The Role of Relevance, Complexity, and Amount of Knowledge.

Journal of Personality and Social Psychology, 556-577.

Byrka, K. (2009). Attitude-behavior consistency: Campbell’s paradigm in environmental and health domains. Eindhoven: Eindhoven University of Technology.

8. Silverman, I. (2010). Simple reaction time: Not what it used to be. The American Journal of Psychology, pp.

39-50.

Teichner, W. H. (1954, 04). Recent Studies of Simple Reaction. Psycholgical Bulletin, pp. 128-149.

Siddle, B. (1995). Sharpening the Warriors Edge: The Psychology & Science of Training. Millstadt: Human Factors Research Group Inc. 9. Remsberg, C. (2008). Blood Lessons: What Cops Learn From Life-or-Death Encounters. Glen Ellyn: Calibre Press.

Author’s note: The views expressed are those of the author and do not reflect those of the Vancouver Police Department or the Justice Institute of British Columbia.

Sgt. Brad Fawcett is a 28-year police veteran and a past contributor to Blue Line. He is a court-qualified expert in use of force, police training, non-firearms prohibited weapons, street weapons and weapons concealed by design.

www.BlueLine.ca

INVESTIGATIONS

Why court process and procedure is important for frontline officers

By Brian Lass

I

often get asked the question: “Why is court process and procedure such a relevant and important consideration for frontline enforcement officers”?

The easiest way to answer the aforementioned question is, in my view, by looking no further than The Canadian Charter of Rights & Freedoms (otherwise known as The Charter). More specifically, Section 11(d), which states the following: 11. Any person charged with an offence has the right d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.

Now, I bring the above to light for the following reason: As a frontline officer, you will undoubtedly come across countless investigative scenarios of which will be “clear cut.” In other words, it will be a blatant example of “finds committing.” You will see the defendant as clear as day commit the respective illegal act in front of you, while simultaneously, the defendant will see you “see them” committing the illegal act, etc.

It will assumingly be an “open and shut case” and you lay the respective charge upon the defendant by way of a certificate of offence or summons...

However, regardless of the above noted “blatant” and “straight-forward” type of scenario, the defendant is still presumed to be innocent until proven guilty in a competent court of jurisdiction.

Arguably, there is a common misconception by frontline enforcement officers (of which I am still uncertain as to where it stems from). This misconception is that once the officer lays a charge upon the defendant, that the matter is “now in the hands of the court” and the officer has completed his or her job – further wiping his or her “hands clean of the matter.”

This couldn’t be further from the truth.

Make no mistake, as an enforcement officer, court process and procedure is very much a part of your job. In many @Blue_LineMag

ways, your job as an officer “is just beginning” once you have charged someone.

Regardless of whether you are a police constable, conservation officer, special constable, etc., there is very much a “silent part” of your job title – that “silent part” being witness to the prosecution.

In fact, unbeknownst perhaps to the officer, an automatic transformation from that of enforcement officer to that of crown witness will occur the moment in which the officer lays a charge.

The officer must realize in the field, when you have laid a charge upon the defendant, all you have really done at that point is “temporarily held up the defendant and handed them a piece of paper.” It is then up to the officer (now in the role of crown witness in respect of this charge) to best compile supporting evidence in which emphasizes all of the “essential elements” that prosecution will need so as to garner a reasonable prospect of conviction. And of course, without being convicted (i.e. “found guilty”) the defendant will not be held accountable and no penalty can be imposed.

Speaking specifically to the realm of provincial or regulatory offences, there will be countless times in which you, as the officer, will be the actual case for the prosecution. As such, it is definitively up to you to ensure that the appropriate “evidence gathering and compiling” is facilitated,

beginning as soon as practicable thereafter laying the respective charge – for example, keeping a diligent memo book of notes inclusive of all the specificities of the incident, etc. This of course all potentially leads up to you as the officer appearing and testifying in a court proceeding.

With all of the above in mind, and with the echoing sentiment that court process and procedure is very much an important and inclusive role of the frontline enforcement officer, I would like to conclude with an acronym, “ROAD,” meaning: • Responsibility • Ownership • Accountability • Deterrence (general and specific) This acronym cannot possibly come to fruition (with respect to a person who has been charged with an offence) without that of proper and diligent adherence to the world of court process and procedure.

And you as the officer play an integral and vital part of this world.

Remember, there is a “land” that lies beyond the hilltop of laying a charge upon an accused party. You are most certainly part of that land.

Brian Lass is a special constable and acting prosecutor with GO Transit/ Metrolinx in Toronto.

March 2019 | BLUE LINE

23

TECHNOLOGY

BY MIKE SMITH

Helping law enforcement catch child abusers and “CEASE” child pornography

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aw enforcement officers around the globe are becoming increasingly adept at catching child traffickers, child sexual abusers and online pornographers. Artificial intelligence is helping to grow the capture rate exponentially while simultaneously reducing the human toll on law enforcement and data mining staff. In fact, evidence now shows that the psychological damage from viewing online images while vetting child-centered sex trafficking online has an adverse effect on our men and women in blue.

Statistics Canada released a report in 2017 that showed child pornography offences increased by 233 per cent over the last decade. Experts attribute that growth to new technology, which has enabled offenders to easily record, upload and distribute child pornography online somewhat anonymously, leaving less of a trail.

“To be clear, we will always need humans like police officers, or HI (human intelligence) to handle the subjective, hard decisions that require empathy and deep context.”

- Chris Priebe

Luckily, tech platforms are fighting back by building technology that detects these images faster and with better accuracy than ever before.

In January 2019, Two Hat, an AI technology company, released CEASE.ai, an image recognition technology for social platforms and law enforcement that detects images

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containing new child sexual abuse material (CSAM).

By making the technology available to public servants and now private sector “white hat” investigators on social sites, Two Hat says it aims to address the problem not only at the investigative stage but at its core — by preventing images from being posted online in the first place. The way Two Hat’s platforms function is somewhat similar to antivirus technology.

Built in collaboration with Canadian law enforcement, and with support from the Government of Canada’s Build in Canada Innovation Program and Mitacs with some major Canadian universities, CEASE.ai is an artificial intelligence model that uses ensemble technology for precision.

It only makes sense to have machines sift for CSAM and let police officers do their job of discerning whether a crime was committed, and ultimately, catching these predators.

Sgt. Arnold Guerin, a member of the technology section of the Canadian Police Centre for Missing and Exploited Children (CPCMEC), agrees the problem must be addressed with real solutions.

“If we seize a hard drive that has 28 million photos, investigators need to go through all of them. But how many are related to children? Can we narrow it down in advance? That’s where this project with Two Hat comes in. We can train the algorithm to recognize child exploitation with unprecedented accuracy.

“If we could reduce the amount of toxicity officers have to endure every day, then I am keeping more kids safe while keeping these officers as healthy as possible,” Guerin said.

Unlike similar technology that uses hash lists to identify only known images online, CEASE.ai detects new child sexual abuse material. Originally developed for law enforcement, CEASE.ai aims to reduce investigators’ workloads and reduce trauma by prioritizing images that require immediate review, ultimately rescuing innocent victims faster. Now it is also available commercially for use on social platforms, enabling them to better detect and remove child abuse images as they are uploaded, preventing them from being shared.

For investigators, Two Hat’s CEASE

BLUE LINE | March 2019

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www.BlueLine.ca 2019-02-25 10:24 AM

OFF THE SHELF

Just a Cop: A Memoir of My 30 Years with the Toronto Police Service and as an Undercover Agent

By Hal Cunningham; 2018, 184 pages

IMAGE: TWO HAT AND CEASE.AI

ISBN: 978-1-792-06588-0

platform helps reduce workloads by filtering, sorting and removing non-CSAM, allowing them to focus their efforts on new child abuse images or catching traffickers with this material. Investigators upload case images, run their hash lists to eliminate known material, then let the AI identify, suggest a label and prioritize images that contain previously uncatalogued CSAM. Better tools for overworked investigators and reduced mental stress will help them reach innocent victims faster.

This also helps protect children as young as eight, who are voluntarily sharing nude photos online, according to the RCMP in a 2019 report. Predators are often trolling for these images and that puts these children at physical risk.

“This issue affects everyone, from the child who is a victim, to the agents who investigate these horrific cases, to the social media platforms where the images are posted,” said Two Hat CEO and founder Chris Priebe. “With our depth of knowledge in gaming communities and social networks, and the new collaboration with law enforcement, we are uniquely positioned to solve this problem. With CEASE.ai, we’ve leveraged our relationship with law enforcement to help all platforms protect their most vulnerable users.”

Julie Inman-Grant, eSafety commissioner in Australia, has been working with the government and law enforcement there to help attack the CSAM and pornographer problem.

“Removing child abuse material from the internet and protecting kids is a responsibility that we all share, regardless of (public or private) sector,” Inman-Grant said. “It’s exciting to see in@Blue_LineMag

novative technology solutions being deployed in a space where it’s crucial that the good guys stay one step ahead.”

She said that research and evidence indicate that online sexual abuse crimes are a growing phenomenon globally.

“Collaboration, multi-stakeholder engagement and investment in technological solutions and prevention strategies are central to expediting the identification of victims, the erasure of material and eradicating CSAM online,” Inman-Grant added.

Two Hat’s innovations are not limited to images only. Two Hat also invented a new discipline of AI called uNLP (Unnatural Language Processing) that finds the new ways people abuse children or each other.

“To be clear, we will always need humans like police officers, or HI (human intelligence) to handle the subjective, hard decisions that require empathy and deep context,” Priebe said.

Two Hat says it processes over 27 billion messages every month and those numbers are growing rapidly.

“Computers should do what computers do well,” Priebe said, “like processing billions of documents, counting how many times things occur, comparing them to known patterns, and more. Likewise, humans and officers should focus not on trying to read billions of documents but on being human — looking for abstract connections, empathizing and making subjective calls based on a non-linear intuition.”

Mike Smith is a Washington, D.C.-based writer who covers law enforcement technology. His stories have appeared in PoliceOne and Sheriff’s magazines. Earlier, he served as VP of marketing for the World Police and Fire Games in Fairfax, Va.

Just A Cop is a great read that puts you right in the driver’s seat of a police car. Having worked with Hal for several years, our relationship has blossomed into a life-long friendship, both on and off “the job.” When I read about our encounter with a suicidal young lady in “The Shower,” Hal’s account teleported me back to that day. I can still hear the bang of her 303 rifle as it discharged a mere three feet from our heads!

Just a Cop sheds rare light on policing in a major North American city — Toronto. It reveals the transformation from seat-ofyour-pants policing to the high-tech methods of today, with stops in uniform, undercover surveillance, supervisory and middle-management duties.

I fully enjoyed the book Just A Cop. I read it in three days. The stories in the book are true life experiences. I feel this would be a good book for any student that is contemplating a career in law enforcement.

So often this type of bio-book only deals with positive stories. Hal has some funny stories, sad stories and very emotional stories. I highly recommend Just A Cop to any serving or retired officer as well as all students of law enforcement.

This is a well-written book about an era of policing now gone. It describes a time of policing in Toronto that will never be again. It is a great read for people who want to know one way policing was done in the past.

It is a very accurate account of our lives.

- GEORGE “DOGFACE” GADSDON, RETIRED STAFF SERGEANT (2959), TORONTO POLICE SERVICE

*Editor’s note: Just A Cop is available on Amazon and previously reached No. 1 on the site in “hot new crime releases.”

March 2019 | BLUE LINE

25

CASE LAW

BY MIKE NOVAKOWSKI

Assistance order to TDR warrant can authorize subscriber info

I

n a split decision, the Newfoundland and Labrador Court of Appeal has ruled that an assistance order attached to a Transmission Data Recorder (TDR) warrant can order a telecommunications service provider (TSP) to give the police subscriber information related to the numbers recorded.

In Re: section 487.02 of the Criminal Code, 2019 NLCA 6, a police officer involved in a serious drug crime investigation swore an Information to Obtain (ITO) a TDR warrant under s. 492.2(1) of the Criminal Code. A TDR warrant authorizes the police to obtain transmission data through a TDR when the police have, on reasonable suspicion, that “an offence has been or will be committed [ … ] and that transmission data will assist in the investigation of the offence.”

A TDR captures the transmission data in “real time” so that suspected crime can be investigated as it is being committed or soon thereafter. In this case, the police were seeking information on unknown telephone communications with an identified mobile phone number. Since a TDR warrant would only capture the numerical digits that were communicating with the identified mobile phone number and not the names and addresses (subscriber information) associated with the unknown telephone numbers, the officer also swore an ITO to obtain an assistance order under s. 487.02, requiring telecommunications service providers (TSPs) to provide the police with subscriber information associated with the telephone numbers that were communicating with the identified mobile phone once those telephone numbers were captured.

Although a Newfoundland and Labrador Provincial Court judge granted the s. 492.2 TDR warrant, he refused to grant the s.

487.02 assistance order because he concluded that he did not have jurisdiction to grant an assistance order in conjunction with a TDR warrant. In his view, it was outside the scope of s. 487.02.

The Crown applied for certiorari before the Newfoundland and Labrador Supreme Court to quash the provincial court judge’s decision and mandamus to compel him (or another judge) to reconsider the application on a proper jurisdictional basis. The 26

BLUE LINE | March 2019

“Assistance orders for subscriber information are ‘reasonably required to give effect to’ [transmission data recorder] warrants and are therefore available to require [TSPs] to provide the subscriber information associated with lawfully captured telephone numbers pursuant to the lawful execution of a section 492.2 TDR warrant.”

- Justice Hoegg Supreme Court judge, however, denied the Crown’s application.

“The powers to police granted under s.

492.2 of the Code are limited to obtaining that which falls within the definition of ‘transmission data,’” the Supreme Court judge said. “Subscriber information is not transmission data.”

He refused to expand on the interpretation of the definition of “transmission data” to allow the police to access subscriber information through the use of an assistance order. In his view, any assistance order could only be used for the purpose of assisting in fulfilling the objective of obtaining transmission data as defined under s. 492.2, and not for the purpose of obtaining subscriber information. The Crown’s application for certiorari and mandamus was dismissed.

The Crown then appealed the Supreme Court judge’s decision to the Newfoundland and Labrador Court of Appeal, arguing that he erred in finding the assistance order sought was not reasonably required to give effect to the issued TDR warrant.

In the Crown’s opinion, an assistance order under s. 487.02 was available to require TSPs to provide the subscriber information associated with particular tele-

phone numbers captured by the lawful use of a TDR under a 492.2 warrant. Subscriber information from TSPs is necessary to “give effect to” issued TDR warrants.

Amicus curiae, appointed to oppose the Crown’s position, submitted that interpreting transmission data to include subscriber information would broaden the scope of s. 492.2 warrants to go beyond what parliament intended.

Assistance Order & Subscriber Information

Justice Hoegg, speaking for the majority, concluded that the modern principle of statutory interpretation supported the position that s. “487.02 assistance orders for subscriber information are ‘reasonably required to give effect to’ section 492.2 TDR warrants and are therefore available to require [TSPs] to provide the subscriber information associated with lawfully captured telephone numbers pursuant to the lawful execution of a section 492.2 TDR warrant.”

In so interpreting the Criminal Code provisions, Hoegg recognized legislated police powers to investigate crime needed to be balanced against the privacy interests of individuals. She found: In the result, it is my view that parliament’s purpose of providing police with the power to fight crime with real time information by enacting the 2014 amendments to the Code is realized by enabling police to obtain assistance orders to require [TSPs] to reveal the subscriber information associated with the lawfully captured telephone numbers through the use of a TDR warrant, so as to give meaning to the captured data and thereby give effect to the purpose of obtaining a TDR warrant.

Finally, to the extent that the privacy rights of callers can be said to be affected by this interpretation, I say that parliament has considered this point, and “rationally” determined, that its objective in enacting section 492.2 is substantially important to society’s well-being and sufficiently important to warrant limiting, “proportionally” certain rights and freedoms. [reference omitted, paras. 60-61] The majority ruled that the provincial court had jurisdiction to grant the assistance order, requiring TSPs to reveal the subscriber information associated with www.BlueLine.ca

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telephone numbers lawfully captured under a lawful execution of a TDR warrant. The matter was remitted back to provincial court for a determination of whether an assistance order was appropriate on the specific facts of this case.

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He noted that an assistance order was not 905.565.7576 a stand-alone provision authorizing the 1.800.996.9499 obtaining of information. Rather, an assistance order is dependent upon another sales@spirito.com authorization, order or warrant and is designed to “assist.”

An assistance order cannot, by its operation, extend the authorization of the warrant. If information is not within the scope of the TDR warrant, then an assistance order cannot be used to obtain it.

Otherwise, the reach of the TDR warrant BlueLine_Feb_Spirito.indd 1 2018-01-24 12:13 PM would be extended beyond that which it authorizes the police to collect.

“The logical result flowing from the statutory structural relationship of the assistance order to the TDR [warrant], together with the ordinary dictionary meaning of the key words in section 487.02 and their use in other contexts, points to the scope of the assistance order being limited to making the operationalization of the warrant effective,’” Green said. “It does not extend to providing assistance to the police investigation generAt Humber, we teach the professional ally or to make it more meaningful or efficacious outside of the provision of the and practical skills you need to move up information allowed to be accessed by the and make a difference in your community underlying warrant.” and in your career. Further your education Green would dismiss the Crown appeal one course at a time or work towards a and uphold the provincial court judge’s certificate, diploma or degree. Advanced refusal to issue an assistance order to standing is available to those in the provide customer name and address inJustice Services industry. formation in conjunction with the issuance of a transmission data recorder communityservices.humber.ca warrant.

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Mike Novakowski is Blue Line’s case law columnist. He can be contacted at caselaw@blueline.ca.

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Firefield adds stability to Rival Foregrips “Added control doesn’t have to come with extra weight,” stated Firefields upon the announcement of three different models being added to their line of Rival Foregrips: XL M-LOK (FF35006), XL Keymod (FF35007) and a smaller M-LOK (FF35008) version. Rival Foregrips are designed to be “one of the lightest grips possible, weighing in at just under five ounces due to a skeletonized body,” the company said. An aluminum construction allows for it to be shockproof and it can withstand different calibers, it added.

Rival foregrips are made for added stability in tactical shooting and combat simulations. A textured surface and ergonomic design allow for a comfortable grip and reduces slip-ups. www.fire-field.com

Barracuda barricade device buys time The Barracuda is a layer of protection designed to slow down and frustrate an attacker, thus buying time for any targets to escape and/or law enforcement to arrive and intervene. Troy Lowe, the CEO of Silverback Safety and a SWAT medic team leader, designed it as a standalone unit to enhance gross motor skills in stressful situations. The Barracuda can be deployed in a matter of seconds, Lowe said, and disengaged in even less time if there is a sudden need to get out. www.silverbacksafety.com

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BLUE LINE | March 2019

Keep weapons organized, secure and in good working condition with the WeaponWRX Storage System from Spacesaver. This workbench allows you to securely store weapons that are progressing through the maintenance process, while also providing added storage for replacement parts and supplies. Store several rifles, pistols and other firearms in various stages of maintenance or repair, all within the same system. Featuring a durable stainless-steel countertop and reconfigurable wall with accessories, the WeaponWRX Storage System easily adapts to your changing needs. spacesaver.ca/products/weapons-storage-systems

MagneCarry celebrates official product launch MagneCarry is designed to hold a firearm “securely and discretely” inside the waistband of the wearer. The removable clip allows the firearm to be secured to a filing cabinet or other ferromagnetic service.

MagneCarry’s canvas-covered magnet clips onto a belt, waistband or pocket. The user places their firearm flush against MagneCarry and magnetic force creates fixed placement. At less than 19 cm long, it adds “minimal weight to the user’s frame and allows for quicker, more agile movement,” according to the company. www.getmagnecarry.com

Monadnock debuts arm protection kit and Delta 4 Crowd Control Kit

Monadnock, a brand of The Safariland Group, has introduced the ExoTech Arm Protection Kit and the Model D4CC Delta 4 Crowd Control Kit. The ExoTech Arm Protection Kit allows any PROTECH vest or plate rack to be adapted. Compatible with all riot control suits, the Model D4CC includes the PROTECH Delta 4 mid-cut helmet with the Model DK6-H.150 Non-Ballistic Face Shield and the Non-Ballistic Nape Curtain (NBNC). The ExoTech Arm Protection Kit features upper arm, elbow and forearm coverage. The PROTECH Delta 4 helmet is the basis for Monadnock’s D4CC Delta 4 Crowd Control Kit, featuring a Warrior/ACH brimless design. The mid-cut style helmet is made of aramid ballistic material and is equipped with the R2S adjustable suspension system. www.defense-technology.com/monadnock

Hanes’ tactical comfort compression gear keeps you cool Hanes men’s Tec ComfortGear X-Temp Active Comfort Tight, the Sleeve and the Sock all utilize Triple Tec innovation: X-Temp, FreshIQ and Slide On Technology. X-Temp technology adapts to temperature, environment and activity to keep you cool and dry, Hanes says, and FreshIQ advanced odour protection technology attacks the odour-causing bacteria in your clothing that causes your underwear and socks to smell. Slide On Technology is designed to make compression garments easy to put on and take off. All these products have a UPF rating of 50+ for protection against UV rays. www.hanes.com

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March 2019 | BLUE LINE

29

BACK OF THE BOOK

BY GRANT PATTERSON

Dancing in the dark with gun smugglers

I

t’s a busy Saturday night at the port Crime guns are caught by the use of of Douglas, south of Vancouver. actionable intelligence, shared with the You’re a CBSA (Canada Border frontline. Otherwise, there is precious Services Agency) officer, in your little to separate the smuggler from every third one-hour road stint that shift. The other traveler. secondary parking area is full; mostly The government recently announced travelers paying taxes and people applying $51.5 million in new funding for the CBSA for immigration permits. to fight gun smuggling. Funding was anYou hit the green light and the next nounced for training in deep concealment vehicle in line pulls up. The lineups are searches and canine teams. pushing one hour, and the pressure is on: This is all good news. But there’s one flush the traffic. thing missing: intelligence.

The driver stops her minivan Only a Under the previous government, at the booth. She’s a young revitalized the Deficit Reduction Action Plan mother, with a fussy toddler in intelligence (DRAP) was applied in a manner the back. She’s nervous, fum- operation at that decimated the CBSA’s intellibling her receipts and stam- the border gence division. At around the same mering. You’re not even really and sharing time, a series of corruption scaninformation listening to her declaration. dals made the agency less trusting in a timely “Have a good night.” of the frontline staff.

You hit that green light again. manner with The damage has lingered to this frontline Next. day and none of the recently anSo, experienced law enforce- staff can nounced funding aims to address ment readers, did you just re- invigorate it. When added to the CBSA’s lease a gun smuggler into Can- our antihopelessly outdated and limada? You tell me. Maybe she did smuggling ited-access frontline databases only have milk and a tank of gas. efforts.

— and its pathetic staffing levels Maybe not. How, in less than a — the overall effect can be likminute, would you know? ened to dancing in the dark.

Occasionally, public pressure produces The jury’s out on Minivan Mom. But there can be little doubt about Marquise results. I’m willing to bet the collaboration that ensnared Marquise was one such sucWatkins.

Watkins arrived at the Rainbow Bridge cess, related to the recent shootings in Toin Niagara Falls, Ont., on Oct. 16, 2018. ronto. It can be done. But more money just CBSA officers located a false compartment to find things is useless without the inforin his vehicle. Twenty pistols were inside. mation to determine who has those things.

Part of the government’s announcement From reading the press release with an experienced eye, I’d say somebody knew detailed $34 million in funding to the something about Marquise, and that infor- RCMP, some for intelligence. However, my mation got to the frontline CBSA officers, experience makes me skeptical. Will the resulting in a satisfying (yet all-too-rare) RCMP trust the CBSA with what it learns seizure of what are likely guns destined for and will the CBSA trust its own people?

Only a revitalized intelligence operation criminal use.

The CBSA announced 2017 firearms at the border and sharing information in a seizures went up nearly 19 per cent. The timely manner with frontline staff can introuble is, most of these seizures are not vigorate our anti-smuggling efforts. Everycrime guns. Gun aficionados at the border thing else is just dancing in the dark. are far easier to catch than Marquise and his ilk. They tend to advertise their affections with bumper stickers and camo wear.

Grant Patterson is a veteran of seventeen We get their guns quite smoothly. But years with the CBSA. He now works as a freelance writer and author. these are not crime guns.

30

BLUE LINE | March 2019

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