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February 2017

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February 2017 Volume 29 Number 2

Features

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BLUE LINE MAGAZINE

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Terradyne Gurkha MPV The Winnipeg Police Service armoured rescue vehicle

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North American Police Equestrian Championships 2016

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SARO training

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The south-western Ontario Vulnerable Persons Registry

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Situational Awareness & Predictive Analysis

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Supply & Service Guide 2017

Departments 30 30 28 25 27 24 29 28 5 26

Advertisers Index Back of the Book Calendar Deep Blue Dispatches Holding the Line Market Place Product Showcase Editor’s Commentary Technology

Case Law 20

Warrant must be “issued,” not necessarily signed

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Without standing, no right to argue s. 8 Charter breach

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FEBRUARY 2017

NOMINATIONS Are Now Open

ELIGIBILITY: THE BLUE LINE LEADERSHIP AWARD PROGRAM RECOGNIZES CANADIAN POLICE OFFICERS WHO HAVE DEMONSTRATED EXEMPLARY LEADERSHIP AND COMMITMENT TO SERVICE IN THE COMMUNITIES THEY SERVE.

Open to active Canadian police officers below the rank of senior officer who have demonstrated exemplary leadership and commitment to service through deeds resulting in a measurable benefit to their peers, service and community.

SUBMISSION DEADLINE: February 17, 2017

FOR MORE INFORMATION Contact Paul Grossinger: 905-713-4387

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Blue Line

EDITOR’S COMMENTARY

by Tom Rataj

www.blueline.ca

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Uniforms and equipment – from amateur to professional Our annual Supply & Service Guide is always a good starting point to shop for uniforms, equipment and supplies.

It wasn’t always this easy though, going back just 25 or 30 years there wasn’t much choice and it was hard to find certain police-related items. Back then, most equipment and uniforms were of mediocre quality and design, while today, high quality uniforms and equipment that are manufactured by speciality companies are readily available. They feature advanced designs and use state of the art manufacturing methods and materials, providing all day comfort for officers under many conditions.

When I look back to the 70s and 80’s, I just shake my head at the dismal quality of uniforms and equipment that officers had to endure. Much of this was driven by the sheer lack of choice, and probably the old-school mindset of awarding contracts to the lowest bidder regardless of value or quality.

Somewhat inexplicably, during the early days of my policing career, we were issued two pairs of boots, two pairs of pants, and two tunics, along with six shirts each year, whether we needed them or not.

In an annual ritual, a couple of grandfatherly tailors came to the station five or six days each year, to measure everyone for new pants and tunics. Despite their apparent experience, they seemed to be surprisingly adept at sending us custom made pants that were always 1-2 inches too short, as if we were expecting a high-water incident. Everything was of mediocre quality, which probably accounted for the need to replace it annually.

New shirts and boots just arrived routinely whether I needed them or not. Bigger ticket items like hats, winter coats, galoshes, and new leathers required paperwork and a minor inquisition as to why one needed replacements. This inquisition also surprisingly often had to be endured for the cheapest item of them all - the lowly clip-on tie.

The standard issue 8-inch leather boots had only one redeeming factor: they would accept and hold a decent spit-shine. Beyond that they were a disaster, with their smooth leather soles (that had an affinity for water, and no traction on anything other than dry pavement), a flat leather insole that would ensure you became flat-footed if you weren’t already, and a thin leather body that offered no warmth when the temperature dropped.

For the winter we were issued elephantine rubber galoshes that beyond their intended purpose, were also incredibly efficient at 5

stripping almost all the spit-shine off the boots you put into them. Many of my colleagues simply wore running shoes inside the galoshes to overcome this problem and have a degree of comfort. Chasing a bad guy in the leather boots and/or galoshes was a nearly impossible feat.

I wore a standard tunic for my first three years or so, after which we moved to an oddly designed three-quarter length nylon jacket that offered few advantages in terms of comfort, style or functionality.

Working patrol while wearing a tunic was always a challenge; every time one got out of the patrol car, a complete wardrobe rearrangement was in order – pull the tunic down from the bottom, straighten the belt and cross-strap, and move the cross-draw holster and the handcuff pouch to where they belonged. Off course this was after the forage cap was properly perched on your head so as to avoid the patrol sergeant’s wrath.

Chasing someone while wearing a tunic was always an interesting wardrobe-malfunction waiting-to-happen, since everything bounced around on it as if it was about to fall off. The old 6-shot revolver bounced around inside the simple leather cross-draw holster, which in turn slid and bounced around on the belt, which, along with the cross strap, bounced and wandered around one’s torso, necessitating an awkward running style requiring both hands to steady and control the bouncing gear – not particularly efficient.

Thankfully, over the years, an increasing amount of professionally designed and manufactured equipment has become readily available, all purpose-built for policing. Clothing and equipment committees, representing both management and employees have also factored into the evolution to professional equipment.

Comfortable and seasonal footwear and clothing, body-armour, top-notch duty belts, holsters and pistols, expandable batons, pepper-spray, TASERS (hopefully for everyone very soon), palm-sized LED flashlights, winter hats and boots and so much more.

Requisitions for replacement equipment?

Well I suspect that still has some challenges.

Enjoy the great equipment, and this issue.

FEBRUARY 2017

Terradyne Gurkha MPV The Winnipeg Police Service armoured rescue vehicle

by Dave Brown Terradyne Inc. builds three versions of their Gurkha tactical armoured vehicle at their Newmarket, Ont., plant, all specifically built for the law enforcement and military protection markets around the world.

The largest and most rugged Gurkha truck is the LAPV, which is followed by the slightly

FEBRUARY 2017

smaller and less rugged MPV. The third truck is the RPV, which offers less interior seating capacity, but offers an exterior cargo area in a configuration similar to a short-bed quad-cab pickup truck.

They are all built on a Ford F550 chassis and are powered by a 6.7-litre turbo diesel V8 engine mated to a 6-speed automatic transmission and a drivetrain that offers part-time

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shift-on-the-fly 4x4 capability. They have a gross vehicle weight rating (GVWR) of 8,845 kg, and can travel all day up to a maximum speed of 115 km/h, which is limited only by the tires. Unlike ex-military armoured vehicles or those built on a heavy transport truck chassis, they are truly an armoured vehicle and do not need to be shipped by rail or flatbed truck when traveling longer distances.

In spite of armour protection against rounds such as 7.62x39, 7.62x51 and .50 calibre Browning, they meet all Canada Motor Vehicle Safety Standards (CMVSS) and U.S. Federal Motor Vehicle Safety Standards (FMVSS), including centre-of-gravity tests, braking systems, interior flammability and occupant crash protection.

While some uninformed sources have labeled the armoured rescue vehicle as a sign of increased “militarization of the police,” Winnipeg Police Service have responded by deploying their Gurkha at every opportunity and explaining that it is not an “armed” military vehicle, but that it is for the safety, protection and rescue of both citizens and police officers in high-risk situations.

One Winnipeg city councillor incorrectly labels it a “gunship” and stated, “I don’t know. It’s something out of the movies, right?

BLUE LINE MAGAZINE

LAPV

MPV

RPV

It’s something you would see in Hollywood.

It’s something you would see if you were to go to a movie like The Avengers or something like that.” The councillor obviously completely missed the point.

According to information released by the WPS, the ARV1 was used 34 times since being acquired in mid-2016, but still, the Canadian Taxpayers Federation recently criticised it saying the purchase should be closely analysed to determine if it’s really necessary or just an expensive toy for the police.

The report into the murders of three RCMP officers and the serious wounding of two others in Moncton, N.B. (population 70,000 people) in 2014, indicated how easy it was to disable police patrol vehicles with rifle fire, and how little protection regular police vehicles provide to officers when they

are faced with an active shooter. The shooter, Justin Bourque, managed to instantly disable four police vehicles with rifle fire, and subsequently executed two officers and injured a third, all of whom were trapped in or near their vehicles.

Just as sobering to anyone reading the report, was the fact that no ambulances or EMS personnel could be dispatched into the active shooting zone because of lack of protection, resulting in both injured officers being transported to the hospital in a police vehicle or a commandeered civilian vehicle.

With the acquisition of the Terradyne Gurkha MPV, the Winnipeg Police Service has taken positive steps to protect both officers and citizens of Winnipeg in high risk situation, such as the one in Moncton and the one in Mayerthorpe, the Alta., before that.

No one ever wants to see a situation where an injured officer or citizen is laying on the street bleeding to death, with no one able to safely rescue them because they don’t have the necessary protection against an active shooter or a potentially dangerous barricaded subject.

Critics forget that this type of situation happened in Winnipeg in 1989 during a 43hour armed standoff that ultimately ended in the tragic deaths of an entire family. It should never happen again.

A tactical armoured vehicle is much like a parachute: one could go through their entire career hoping it never gets used, but when it’s needed, nothing else will do.

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Dave Brown is Blue Line Magazine’s firearms editor and staff writer. He is a tactical firearms trainer and consultant. He can be reached at firearms@blueline.ca.

FEBRUARY 2017

2017-01-18 12:52 PM

North American Police Equestrian CHAMPIONSHIPS 2016 Kingston Ontario – September 17-18, 2016

by Tony Palermo The Kingston Police celebrated their 175th anniversary in 2016 by hosting the annual NAPEC competition, which featured nearly 70 competitors from police agencies across North America. The competition was staged in the now decommissioned Kingston Penitentiary (opened in 1835) adding some historical character to the event.

There was fantastic support and attendance from the public on both days, with only the threatening weather on Saturday keeping the event from selling-out for the entire weekend.

An annual event that first took place in 1983 in Upper Marlborough, Maryland, NAPEC has evolved over the years to become a more practical—and one of the most regarded—law enforcement equestrian competitions.

While the equitation portion of the event is still relevant and important for demonstrating a rider’s ability, the competition now involves a number of practical tests, which present some of the real challenges faced by mounted officers in today’s policing environment.

These include navigating obstacles, manoeuvring through crowds, and maintaining control of their horse when it is faced with sudden loud noises and other disturbances. (A horse’s

basic instinct is to flee anything frightening, and they need a great deal of trust and reassurance in their rider to remain obedient when facing perceived dangers.)

This year’s event saw the police equine and their human partners compete in several classes: •

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Uniform class, which, using military parade standards, judges the officer’s dress uniform for cleanliness and a smart turn-out, and the horse’s overall body condition and presentation; Equitation class, which evaluates the riding ability and horsemanship skills of the mounted officer; Western class, which judges the gait of the horse and if the horse appeared to be a pleasure to ride comfortably for long distances and hours in the saddle; Obstacle course, which tests how quiet and controlled the horse remained under pressure from things like sudden, loud noises and unstable ground; and Team competition, which saw teams of two riders try to achieve the highest cumulative scores.

The event also included several crowd management demonstrations by the Toronto Police Service Mounted Unit Drill Team, a performance by the world-famous Royal Canadian Mounted Police Musical Ride, a Kingston Police Canine demonstration and a Liberty demonstration by 3-star Parelli Professional rider Ron Pyne.

FEBRUARY 2017

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BLUE LINE MAGAZINE

TEAM

Please visit BlueLine.ca for more individual results.

Place

Competitor

Team Members

1

4

Vilika Zafirides

Denise Leonard

Hamilton Police Service

Ontario

Canada

2

10

Doug McCaw

Bev Dobbs

Toronto Police Service

Ontario

Canada

3

1

Susan Barrick

James Rose

Meeker County Sheriff Department

Minnesota

United States

4

6

Andrew Zeitoun

P. J. Van Auken

Governor General’s Horse Guards

Ontario

Canada

5

14

Linda Reed

Christie Davis

Howard County Police Department

Maryland

United States

6

5

Jackie Copeland

Sonia Gazzetta

Wyoming County Sheriffs Office

New York

United States

Boston Park Ranger Kevin Mendes was one of the participants. The 24-year-old officer has been a part of the mounted unit for just over a year and says participating in his first NAPEC competition was an extremely valuable, and unforgettable, experience.

“It’s really the one time that we can have a week-long training session with various other departments around the United States and Canada, and it’s a great opportunity to compare what other departments do differently than us,” says Mendes, adding that the event also provides a great opportunity to network and make new contacts.

Mendes says he was well prepared and coached ahead of time by other officers who competed in previous NAPEC events. This extra coaching, Mendes says, was invaluable because it not only made him a better competitor for NAPEC, but also a more skilled mounted officer in his day-to-day policing role.

Still, Mendes says he was a little nervous while he waited his turn to compete. “I felt a little nervous right before going into the ring for the competitions, but once you’re in there you just have to rely on your training and trust your mount to do what you guys have been practicing,” says Mendes. “I loved every minute of it. I can’t wait for next year’s event.”

Agency

Province/State

Country

this event a success while still maintaining their regular duties.

“We didn’t lose anyone to the pen and no one got injured,” says a smiling Armstrong.

“That’s what I call a success.”

The next NAPEC competition is being held in Philadelphia, Pennsylvania. Dates and times have not yet been announced.

Check the NAPEC site at: http://napecinc. org/ for more information. use of detailed logs to keep track of the comings-and-goings of all staff and volunteers.

Armstrong says he was extremely pleased on how well everything came together, adding that his officers helped make

Tony Palermo is freelance journalist and Blue Line Magazine’s Eastern Ontario correspondent. He is currently working on a book about Canada’s domestic sex trafficking problem and how we’re struggling to deal with it. Visit him online at www. tonypalermo.ca, follow him on Twitter @TCPalermo or email him at tony@blueline.ca.

Hosting NAPEC: No walk in the park Kingston Police S/Sgt. Jody Armstrong says it took a lot of time and effort to organize NAPEC 2016, and involved a lot of community and policing partners, including Cst. Deb Wicklam, one of Kingston’s mounted unit officer’s, and retired constable and current NAPEC chair Brad Wicklam.

Armstrong says the biggest challenge with negotiating to use the decommissioned Kingston Penitentiary grounds was ensuring the safety of the participants, staff and spectators.

“As you can appreciate, Kingston Penitentiary is not a walk in the park,” explains Armstrong. “There were areas of concern that needed constant staffing presence to mitigate the risks of injury.”

Another of his biggest concerns was locking a spectator inside the penitentiary at the end of the day. He says it took a lot of volunteers and staff to make sure everything went according to plan, with out-of-bound areas clearly marked and staffed, and the BLUE LINE MAGAZINE

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FEBRUARY 2017 2017-01-16 2:57 PM

SARO training

by Angela McDade A new initiative aimed at meeting the needs of the most vulnerable was implemented by the Ottawa Police Service (OPS) in 2016.

The Sexual Assault Response Officer (SARO) training course is part of a new program developed, in partnership with frontline victim support agencies in Ottawa, designed to help officers better understand and respond to

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victims of sexual assault and domestic violence.

“In 2014, the Ottawa Police Service hosted a community consultation that was attended

by VAW (Violence Against Women) frontline workers, OPS members and the community,” said S/Sgt. Angela McDade of the OPS Sexual Assault and Child Abuse (SACA) Unit. “The consultation provided feedback and identified gaps in service to women who experienced violent crimes.”

“I applied for a civil remedies grant in 2015 to assist in the development of a frontline officer training program, focused on response to complaints of sexual assault,” said McDade.

“The grant was approved in December of that year, with the caveat that the funds must be spent by April 1 the following year.”

McDade is quick to laud her team, who jumped on the opportunity to turn the information gathered from the consultation process – with VAW frontline workers, OPS members and the community – into a practical application for frontline officers.

“Sgt. Tracy Butler and Sgt. Kelly Lyle worked tirelessly to develop a three-day SARO training package to meet the ministry’s deadlines,” said McDade. “With support from the OPS Professional Development Centre, the first course was delivered in May with a second session added in September.”

Violence against women is a top priority for OPS Chief Charles Bordeleau, so with that mandate, the OPS has worked extensively with its community agency partners to find lasting and meaningful solutions.

The OPS isn’t alone in trying to find solutions to this issue. Police services in Durham Region and Halton Region have also initiated similar training initiatives.

The Ontario Police College is also currently assessing various programs at different police services, including Ottawa, to determine how they can better meet the needs of victims by BLUE LINE MAGAZINE

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them with a better understanding of victim trauma and the available community supports.

Applied universally, this program will better serve the most vulnerable residents in the City of Ottawa.

“The program will continue to evolve from the feedback and recommendations provided by both officers and members of the frontline community,” said McDade. She said that those who attended the course rated it very good to excellent; asking for it to be expanded beyond three days and offered to all officers in the OPS. “There are a number of things we can improve on, and one would be our service to victims right from the very beginning, just to

know what they’re thinking, maybe having a little more education on how trauma impacts a victim, and how to communicate with that victim,” McDade told CBC radio. “One of the key lessons for officers to learn in a sexual investigation is that the victim is at the centre of the entire case. They’re the ones that decide whether we move forward or not.”

Further SARO sessions are set up for 2017, with an eye to improve and expand its reach in the coming years.

Angela McDade is a Staff Sergeant with the Ottawa Police Service’s Sexual Assault and Child Abuse team. She can be reached at: mcdadea@ottawapolice.ca.

providing specialised training for all officers, not just investigators.

“We are currently looking into options for training of all police officers,” said Susan Labanich, an instructor in the Criminal Investigations Training Unit at the Ontario Police College. “There is a gap in training between the instruction they get as recruits to when they move into the investigations units.” The goal is to have all officers trained and better able to respond to cases of sexual violence or abuse.

Labanich cites Premier Kathleen Wynne’s Sexual Violence and Harassment Action Plan (SVHAP) that was rolled out in March, 2015.

This new legislation strengthens support for survivors of sexual violence and helps to make campuses, workplaces, homes and communities safer. Premier Wynne assigned each ministry the task of providing a response to the public that would support this legislation.

The government has committed $41 million over the next three years to support the plan’s implementation.

Back in Ottawa, more than 44 frontline officers attended the three-day course created by Sgt. Butler and Sgt. Lyle. Facilitated

by Constable Marc Andre Guy, it included presentations by more than a dozen internal and external partners: Forensic Unit, SACA, Victims Crisis Unit, High Tech Crime Unit, Polygraph, Drug Unit, Human Trafficking and Major Case Management. It also included presentations from the Regional Sexual Violence Crown Attorney’s office, Ottawa Hospital’s Sexual Assault Partner Abuse Care Program, the Sexual Assault Support Centre, and the Children’s Hospital of Eastern Ontario.

“The program enables a more informed initial response to sexual assault complaints,” explained McDade. “It facilitates an open line of communication between frontline members and SACA, and is a valuable resource for fellow frontline officers. It will ultimately improve understanding of what victims go through and provide an essential service to all victims of crime.”

It also helps OPS identify officers who may be interested in a career in SACA, providing BLUE LINE MAGAZINE

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FEBRUARY 2017 2017-01-16 9:42 AM

Situational Awareness & Predictive Analysis

by Royce de Melo (Originally published in the London Metropolitan Police’s National Policing Data Communications Group, Futures Group Technology Bulletin - UK, 8th Edition March, 2016. Used with permission of the author.)

The human condition is hardwired to communicate and to read other humans through body language, gestures, the eyes, facial expression, while our biology is very adept at sensing danger in our surroundings; yet these facets of our being have been inhibited and are limited for most of us for a variety of reasons. Our inherent danger detection skills have been influenced, or even hampered, by culture and social dictates, lack of understanding of other cultures and societies, history, psychology, personal experiences and/or lack thereof.

Needless to say that for the individual working in law enforcement, investigations, security, close protection, intelligence, the military, a soldier on the street, the bouncer at a bar, a teacher in a high school, the guard at a train station, awareness of physical surroundings and the people around you, is an imperative, though often untapped skill.

Understanding and reading the signs, detecting anomalies, and predicting a threat, is key to minimizing danger, eliminating the threat of personal attack, avoiding an ambush in a conflict zone, or preventing a terrorist attack.

Though some of these vital and basic abilities are innate to all humans, many of the skills must be learned, or enhanced through a comprehensive process which allows individuals to tap into their hunter instinct.

Tactical Intelligence International’s Situational Awareness & Predictive Analysis (SAPA) course provides students with the ability to recognize, respond to, and mitigate any personal and general threat.

It is a system that can be implemented in a multitude of ways and scenarios encountered by everyday citizens, law enforcement officers, and soldiers on the frontlines. This training accomplishes its goal by utilizing Predictive Analysis techniques based on the scientific domains of Human Behavior Pattern Analysis, including heuristic methods and algorithms, buttressed by cross cultural, political, and ideological knowledge (e.g. iconography).

SAPA also provides advanced Interview and Deception Detection techniques, which allows a person to quickly determine if an individual, such as an employee or suspect, is attempting to deceive. The training helps law enforcement, intelligence, military, security professionals, investigators, and civilians, FEBRUARY 2017

become more proactive in identifying and mitigating serious potential security threats be they personal and/or general (e.g. terrorism). SAPA training is applicable to virtually any environment.

Street-smarts In the mid-2000s the US military became acutely aware in Iraq that situational awareness and predictive analytical competencies were lacking with troops in the frontlines— largely a product of a generation of youth who were of a stay-at-home-on-the-computer-culture, lacking what is often referred to as “street smarts.” This led to the formulation of the Combat Hunter program, which was adopted by the US Marine Corps, and later the US Army. The program demonstrated immediate quantifiable success in the field.

Units who had received the training endured fewer ambushes and fewer casualties, and the reason was obvious. Troops had become more aware of their environment, and of the people around them. They could better read the danger signs before an event, and detect anomalies. Another outcome of the training, and its various practical and multifaceted levels of implementation, for a platoon to the individual trooper, was the negative effects this had on the enemy. Concepts from the Combat Hunter program have been applied to Situational Awareness and Predictive Analysis training, which has been provided to numerous military and law enforcement agencies worldwide.

The learning objectives of SAPA training: • • • • • • • • • • • • •

Basic terminology The Six Domains of Predictive Profiling Threat vs. Suspicion vs. Risk Detection of suspicious activity Recognizing Aggressive Intentions Addressing a suspicious object or person How to articulate and document suspicious activity and persons How to properly document reports which can be used in courts How to detect when a person or employee is attempting to be deceptive Increased understanding of every day environments Increased awareness and observation skills Increased awareness of potential threats and risks The ability to identify and manage potential or actual threats

Tactical Intelligence’s prime instructor for this training is Harry J. Evans who was 12

one of the original Combat Hunter program developers. Many American instructors today were taught by Evans. He is the primary instructor for the US Department of Defense (DoD), DoD Ministry of Defense Advisors (MoDA), Civilian Expeditionary Workforce (CEW), and the DoD Educational Activity (DoDEA) programs. He has also instructed the Republic of Georgia Army. And through Tactical Intelligence, he has also taught in Canada to Toronto’s Peel Regional Police, where for the first time the course was also offered to civilians, to Canadian analysts, private security, and military specialists.

Evans is a retired USMC Master Sgt., holds an MS in Criminal Justice and has decades of experience in domestic and international law enforcement, in addition to his current assignment as the Lead Profiling SME Instructor for the Marine Corps Combat Hunter Program at the Marine Corps Schools of Infantry at Camp Lejeune, NC and Camp Pendleton, CA. As a Law Enforcement Professional (LEP), Evans has worked with Afghan National Police and Afghan Government officials as a Battalion LEP and as the Investigative and Surveillance Unit (ISU) LEP in Afghanistan, a clandestine law enforcement unit comprised of Evans and local Afghans. In those roles, Evans investigated fraud/corruption/criminal acts committed by Afghan National Police and other Afghan Government Officials, prepared cases for prosecution by the Afghan Ministry of Interior, and was Chief Instructor/Academy Chief for the Nawa Province Afghan Local Police Academy. Additionally, Evans investigated insurgent/terrorist cells, provided security risk analysis, instructed and accompanied US Marines during collection and processing of physical evidence, and provided training in criminal investigation to the Afghan National Police and the Afghan Border Police.

The Situational Awareness & Predictive Analysis training program can be customized to meet an organization’s specific needs, mission, and resources.

Royce de Melo is Tactical Intelligence International’s Canadian and International Representative. He is a security and defence consultant, and analyst, with comprehensive experience working with a variety of entities, companies, and governments, specializing in sub-Saharan Africa and the Middle East and North Africa. Mr. de Melo has lived and worked throughout the Middle East for over 20 years.

Royce Demelo is Tactical Intelligence International’s Canadian and International Representative. He can be reached at royce.demelo@tacticalintel.com.

BLUE LINE MAGAZINE

The south-western Ontario Vulnerable Persons Registry

by Michael Gatto Many police investigations involving vulnerable persons start-off slowly and are hampered by a lack of current or reliable information about the person. The Guelph Police Service (GPS) recognized these challenges in 2014 and began looking into creating a registry to cope with persons with autism. It was soon decided that the scope of the registry should include persons with many other vulnerabilities.

For the purposes of the registry, a vulnerable person is defined as a person who due to medical, cognitive, mental health or a physical condition may exhibit patterns of behaviour that may pose a danger to that person. This condition may include autism, dementia, acquired brain injury, cerebral palsy and other conditions that may cause the person to exhibit atypical behaviours including; wandering, physical instability, inability to communicate, aggression, irrational fear, oversensitivity to sensory stimulus (sounds, lights, touch) or other behaviours.

Collaboration After discussions with some of their neighbouring police services, the Guelph Police Service discovered that the Waterloo Regional Police had already begun working on such a registry, and that its structure was different than what other police services had been using. After learning about the Waterloo Police Vulnerable Persons Registry (VPR), Guelph Police jumped on board and Waterloo Police eventually offered up the opportunity to other south-western Ontario police agencies to also join.

This free registry is open to caregivers of, and individuals themselves, who may be considered vulnerable in public situations.

This VPR is a community-based initiative in partnership with the Waterloo Regional Police, Guelph Police, Stratford Police, Brantford Police and Bradford West-Gwillimbury/Innisfil Police. Each police service has many local community partners with which it works, which is key to the success of this registry.

assistance of these other community partners.

Guelph Police partnered with WINMAR and Community Living Guelph to help cover the costs of running the registry. They have a total of 11 community partners who are all working to ensure the success of the registry.

Each police service has brought in community partners in the same fashion, as this was a requirement Waterloo Regional Police made of services wishing to join the collaborative.

Current information One of the most critical factors in the longterm success and sustainability of any registry is keeping the data current. To assist with this and to make management of the information easier, the registry sends out automated yearly requests to registrants asking them to update their information. If the registrant fails to update their information after three years they are automatically purged from the system. This guarantees that all information is reasonably up to date and therefore useable by police when needed. The community partners are responsible for managing/assisting registrants, community outreach and promotion of the program.

Sharing The registry promotes sharing of information between the police and vulnerable persons and the people who support them.

The registry information assists officers when they respond to calls involving the vulnerable person, by providing quick access to critical information about the person, such as; who to call in an emergency, a photograph and a detailed physical description, and any particular sensitivities that the person may experience.

Registration is completely voluntary and can be implemented on a temporary or permanent basis depending on the individual needs of the vulnerable person. For security purposes, the registry data is sent through a secure FTP site to police services.

Waterloo Region has been up and running since July 2015. As of December 15, 2016, the new collaborative Vulnerable Person Registry has been live. Each service has access to all registrants within the registry which provides a wider coverage-area to assist police in providing positive and successful interactions and outcomes with vulnerable persons.

For more information, visit: www.vulnerablepersonsregistry.ca.

Michael Gatto is a constable with the Guelph Police Service who . was involved in the development and implementation of the VPR. He can be reached at mgatto@guelphpolice.ca.

Community partners In Waterloo Region the registry is partnered with the local chapters of KidsAbility and the Waterloo Region Family Network. The idea is to have these community partners manage the registry outside of police control. A problem other police services were having with similar registries was that they were running them in-house which created management and manpower issues, plus additional costs.

The VPR website is hosted and funded by KidsAbility and other community partners.

KidsAbility was able to commit the resources to build and maintain the website with the BLUE LINE MAGAZINE

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SUPPLY & SERVICE GUIDE 2017 Airbus Helicopters Canada Fort Erie, ON L2A 5M9 Tel: 905-871-7772 Toll Free: 800-267-4999 Fax: 905-871-3320

Alcohol Countermeasure Systems Toronto, ON M9W 6J2 Tel: 416-619-3500 Fax: 416-619-3501 www.acs-corp.com info@acs-corp.com Alcohol Countermeasure Systems (ACS) is an international group of companies with over 40 years of experience developing innovative technology to prevent impaired driving. A leading designer/ manufacturer of ignition interlocks and breath alcohol testers, ACS provides products and services to law enforcement, automotive, industrial, public and personal safety markets.

Artcal Graphics & Screenprinting London, ON N5V 3N5 Tel: 519-453-6010 Toll Free: 800-265-6128 Fax: 519-453-3617 www.artcal.com jmartin@artcal.com ARTCAL GRAPHICS was established in 1977 with the intent of becoming a leading screen print provider and, in turn, has evolved into a prominent full service graphics house that includes digital printing, trade printing, vinyl graphics, vehicle graphics and installations. At ARTCAL GRAPHICS we understand the importance of customer service, high quality standards, experienced staff and leading technology. We have been recognized by our peers with awards but our greatest achievement is the long term relationships established with our customers. Our business is to ensure your success.

Bates Footwear Mississauga, ON L5N 3R3 Tel: 844-416-8190 Fax: 866-499-9329 Like the men and women they serve, Bates is committed to delivering their best. A leading maker of quality FEBRUARY 2017

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boots and shoes for those in uniform, Bates’ commitment is heartfelt and hard-earned. Evident in the technologies they pioneer. Visible in the quality footwear they design. Ensuring those who serve enjoy products that are as comfortable as they are hardwearing, as value-priced as they are invaluable.

BlackBerry Mississauga, ON L4W 0B4 Tel: 289-261-4048 www.blackberry.com sforgione@blackberry.com

BRS Innovations Metcalfe, ON K0A 2P0 Tel: 613-701-0660 Fax: 613-701-0663 www.brsinnovations.com

Canadian Ammunition Disposal Services (CADS) Ancaster, ON L9G 3L1 Tel: 905-977-9899 Fax: 905-648-9151 www.CADSAmmunitionDisposal.com tom@cadsammunitiondisposal.com Canadian Ammunition Disposal Services (CADS) is the only 100% Canadian Company to operate an Approved ammo burner for the complete destruction of small arms ammunition across Canada. A cradle to grave paper trail and a Certificate of Destruction are all part of our solution to your problem.

CAPS Inc. Kirkland, QC H9H 0A4 Tel: 514-696-8591 Toll Free: 866-559-8519 Fax: 514-696-2348

Commissionaires Ottawa, ON K2P 0A4 Tel: 613-688-0710 Toll Free: 877-322-6777 Fax: 613-688-0719 commissionaires.ca info@commissionaires.ca FOCUS YOUR RESOURCES WITH COMMISSIONAIRES. Commissionaires is a leading national provider of advanced security services, including enforcement and non-core policing. Municipalities, police detachments, and provincial governments trust Commissionaires to provide support to the police forces by taking on non-core duties services such as bylaw, parking, photo radar and front line counter duties helping to increase revenue and reduce costs. Commissionaires’ people are highly trained and experienced, delivering consistently, and with integrity, the highest standard of service.

Dalhousie University, College of Continuing Education Halifax, NS B3H 4R2 Tel: 902-494-6930 Toll Free: 800-565-8867 Fax: 902-494-3662 www.dal.ca/cce sherry.carmont@dal.ca The Police Leadership Program has provided exceptional online education to law enforcement for close to 25 years.

Our authors/instructors have a high level of academic credibility combined with direct policing experience to help students prepare for promotional opportunities and leadership positions.

Defense Aerosols Chilliwack, BC V2P 6H7 Tel: 604-701-6495 Toll Free: 888-233-3340 Fax: 866-899-8884 www.defenseaerosols.com

Century 21 Markham, ON L3P1Y3 Tel: 647-567-5175 century21.ca/Antonio.Saade Combined Systems Inc. Jamestown, PA 16134 Tel: 724-932-2177

canadafleet@fcacanada.com FCA Canada Inc. has approximately 440 dealers and markets Chrysler, Jeep®, Dodge, Ram and FIAT brands and distributes Alfa Romeo and Mopar products. In addition to its assembly facilities, which produce the Chrysler Pacifica, Dodge Grand Caravan (Windsor), Chrysler 300, Dodge Charger and Dodge Challenger (Brampton), FCA Canada operates an aluminum casting plant in Etobicoke, a research and development center in Windsor, and has sales offices and parts distribution centers throughout the country.

Fenixlight Ltd Shenzhen, Guangdong 518133 Tel: +8675529631163 Fax: +8675529631181

Fisher Space Pen Cobourg, ON K9A5J3 Tel: 905-753-2020 www.spacepen.ca The cartridges of conventional ball point pens are open to permit ink to be fed to the point. The secret behind the Fisher Space Pen lies in the unique design characteristics of the ink and the high manufacturing tolerances of the ball point and socket.

Freedom Lock & Security Inc. Grand Valley, ON L9W 7G1 Tel: 519-928-2055 Toll Free: 877-229-2247 Fax: 519-928-2055 www.freedomlock.ca gord@freedomlock.ca Sentry-Mobile is a mobile body worn camera designed for full chain-ofcommand mobile evidence collection.

The Sentry-Mobile camera is designed to be easy to use, operate and manage critical surveillance evidence in demanding environments with its rugged design and low light sensitivity.

Integrates with portable radios.

FCA Canada Inc. Mississauga. ON L5N 1A8 Tel: 800-463-3600 fleet.fcacanada.ca 14

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G4S Canada Toronto, ON M9C 5E9 Tel: 888-717-4447 www.g4s.ca solutions@ca.g4s.com G4S is prepared to support police agencies through increased monetary value, improved service levels, national surge capacity, and effective security management. With experience helping police around the world, additional value can be found in the provision of specialist knowledge, expertise and focused training on an as needed basis.

GardaWorld Montreal, QC H3C 1N4 Tel: 514-281-2811 Toll Free: 855-464-42732

Georgian College Barrie, ON L4M 3X9 Tel: 705-722-5149 GeorgianCollege.ca/parttimestudies parttimestudies@georgiancollege.ca Already work in the field?

Take our online Bachelor of Human Services (Police Studies) Degree.

Qualified applicants may be eligible to receive advanced standing of up to 75 per cent of the program.

Stop waiting. Fast track, part-time.

Register Now! LensPen Vancouver, BC V6B 5C6 Tel: 877-608-0868

Mechanix Wear Surrey, BC V3Z 6M3 Tel: 604-542-7055

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Toll Free: 877-278-5822 Fax: 604-542-7057 www.mechanixwear.ca info@mechanixwear.ca From the introduction of the Original Glove in 1991, Mechanix Wear has continually defined the state of high quality performance gloves.

Our new line of Tactical Specialty gloves are designed to protect law enforcement officers & SWAT professionals with specialized hand protection for a range of scenarios and environments.

Mechanix Wear “The Tool That Fits Like a Glove.”

MedicAlert Foundation Canada Toronto, ON M3C 1W3 Tel: 416-696-0267 Toll Free: 800-668-1507 Fax: 800-392-8422 www.medicalert.ca MedicAlert Foundation Canada is a registered charity that has protected over 1 million Canadians for over 55 years. It’s the only medical ID

that supports Canadians with 24/7 emergency hotline for paramedics, police, and emergency responders to get quick access to critical medical information in an emergency.

Mitsubishi Motor Sales of Canada, Inc. Mississauga, ON L4W5P8 Tel: 905-214-9068 Toll Free: 866-843-2845 Fax: 905-214-9086 www.mitsubishi-motors.ca fleet@mmcan.ca Mitsubishi Motor Sales Canada Inc. is the exclusive distributor of Mitsubishi cars & SUV’s in Canada. We are proud to support law enforcement agencies in Canada. Why not test drive the Mitsubishi RVR and Outlander.

Rugged In-Car Video & Body-Worn Cameras for Law Enforcement featuring

Solid-State Storage Secure Data Encryption Reliable Performance

Experienced Builder Officer-Friendly Design Made in Canada!

Proudly Designed & Manufactured in Canada!

PatrolWitness™ | A Division of 247Security Inc. 1-866-693-7492 | www.patrolwitness.com BLUE LINE MAGAZINE BlueLine_247_Jan.indd 1

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SUPPLY & SERVICE GUIDE 2017 MSA - The Safety Company Cranberry Twp., PA 16066 Tel: 724-776-8600 Toll Free: 800-MSA-2222

Osgoode Professional Development - Continuing Legal Education Toronto, ON M5G 1Z3 416-929-2901 www.osgoodepd.ca/continuing-legaleducation/upcoming-programs/ osgoodepd@osgoode.yorku.ca OsgoodePD offers law enforcement professionals a variety of criminal law learning opportunities including programs on Search and Seizure, Tech Crime and E-Evidence, Mental Disorder and Criminal Justice, Self-Defence and Use of Force, Warrant Drafting, Courtroom Testimony, Evidence in Criminal Investigations and Money Laundering. You will get practical information, concise legal updates, and the opportunity to have your questions answered by an expert cross-discipline faculty.

Ottawa Police Gift Shop Ottawa, ON K4A 0E1 Tel: 613-236-1222 www.ottawapolicegiftshop.com giftshop@ottawapolice.ca The Gift Shop continues to offer a variety of clothing for men, women, children and babies. Selection will also include bags, plush toys, key rings, tie pins, watches, mugs, coins, golf accessories and more. Proceeds from the OPS Gift Shop are donated to a different charity each year.

Prefair Beloeil, QC J3G 6S4 Tel: 450-446-7060 Toll Free: 866-855-7060 Fax: 450-446-7523 www.prefair.ca

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Pride In Service Dorchester, ON N0L 1G0 Tel: 780-380-7821 Toll Free: 800-535-9735 Fax: 866-492-0360 www.prideinservice.com sales@prideinservice.com Longtime supplier of service rings and gifts of distinction to police officers, forces, and associations across Canada.

Priority Dispatch Salt Lake City, UT 84111 Tel: 801-363-9127 Toll Free: 800-363-9127 www.prioritydispatch.net scott.robinson@prioritydispatch.net Priority Dispatch is the world’s leading provider of emergency dispatch call-taking software for police, fire and medical. Our flagship software, ProQA, is used by thousands of PSAPs worldwide. Priority Dispatch incorporates the protocol standards developed by the International Academies of Emergency Dispatch.

Provix Inc Alliston, ON L9R 1V2 Tel: 705-434-0253 Toll Free: 888-434-0253 Fax: 705-435-6419 www.provix.net sales@provix.net Provix supplies and installs video and lighting equipment, including command/tactical vehicle systems, FLIR thermal imaging cameras, masts, and escort vehicle recording systems.

Consult with Provix on any custom video requirements, including in car video and remote viewing and surveillance systems. Provix also supplies portable and equipment mounted scene lighting.

Royal Spurs.com Regina, SK S4S 1S2 Tel: 306-529-2642 RoyalSpurs.com info@royalspurs.com Brand New Long Shank spurs made from hard stainless steel. These are replicas of the “OLD STYLE”* spurs used in the early days by the Royal Canadian Mounted Police… Improved to enhance the rowel ‘Jingle’ and add a ‘Hint of Class”! Also available in BLACK leather for the other specialized forces that wear black Strathcona boots.

Savage Range Systems Inc. Westfield, MA 1085 Tel: 800-370-0712 Fax: 413-562-1152 SavageRangeSystems.com info@savagerangesystems.com Savage Range Systems provides the safest, cleanest and lowest maintenance environment for shooters. Their patented Snail System continues to be the bullet trap of choice for firearm and ammunition manufacturers, every branch of the armed services and commercial ranges throughout the world. They also offer granulated rubber traps, shoot houses and a wide range of target systems. www. savagerangesystems.com

School of Social and Community Services, Humber College Toronto, ON M8V 1K8 Tel: 416-675-6622 communityservices.humber.ca The School of Social and Community Services provides pathways for students to pursue a career and make a difference in their community. Outstanding student services, state-of-theart facilities and practical work placements along with expert faculty made for a rewarding student experience. We are dedicated to delivering more than an education - we are changing lives!

Stoeger Canada Oshawa, ON L1J 7E2 Tel: 905-436-9077 Fax: 905-436-9079 www.stoegercanada.ca/def ylvain@stoegercanada.ca Stoeger Canada (1990)Ltd is a Beretta Group Company serving as the exclusive Canadian distributor for Beretta, Benelli, Sako, Tikka, Burris, Victrix, Steiner Optic as well as Steiner eOptic’s tactical laser products.

Beretta the oldest firearms manufacturer in the world, dating back to 1526 offers dedicated solutions to meet the requirements of today’s Armed and Police Forces worldwide.

Summit Canada Distributors Inc. Cornwall, ON K6H 6C9 Tel: 613-932-1441 Fax: 613-935-3234 www.summitcanada.ca sales@summitcanada.ca Summit Canada is a leader in the law enforcement and military equipment supply industry. We are focused on quick response times, on-time deliveries and after sales service. Let us help you source your equipment needs today! Over 100 years of combined industry experience on staff!

Target Sports Canada Gormley, ON L0H 1G0 Tel: 905-888-8288 Fax: 905-888-8688 targetsportscanada.com info@targetsportscanada.com Target Sports Canada offers: A safe and modern shooting facility capable of using up to .50 BMG calibre firearms. Over 2000 sq feet of clean and well stocked retail featuring guns, gear and gifts. Two fully equipped classrooms with multi-media capabilities.

Ample parking and a well lit lot.

Sheridan College Oakville, ON L6H 2L1 Tel: 905-845-9430

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CORPORATE LISTING

Teel Technologies Canada Victoria, BC V8Z 7E7 Tel: 250-893-6125 http://teeltechcanada.com info@teeltechcanada.com Teel Technologies provides mobile device forensics training for both entry-level and advanced students.

We bring quality, cost-effective, and platform-neutral education to the digital forensics community Our course offerings, include Advanced Analysis, Smart Phone Forensics, BlackBerry Forensics, and Device repair / Chip removal for examination, and much more.

The Range @ Urban Tactical Brantford, ON N3V 1E9 Tel: 519-753-8726 Fax: 519-753-6077

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Triform Toronto, ON M1T 3V4 Tel: 416-226-6000 Toll Free: 877-874-3676 Fax: 800-563-1666 www.triform.com books@triform.com Since 1981, Triform has been a leading provider of customizable investigative record keeping solutions for law enforcement and police professionals. Our current suite of record keeping products includes evidence notebooks and investigation record notebooks, as well as carrying cases and ticket holders. You can request a free sample notebook by going to www.triform.com/products.

New customers will receive 20% off their first order.

TRU-SPEC Marietta, GA 30062 Tel: 770-427-1334

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Urban Tactical Winnipeg, MB R3H 0M3 Tel: 204-989-1001 Toll Free: 800-563-5566 Fax: 204-989-1010

Xanalys Canada Inc. Mississauga, ON L5N 8C3 Tel: 416-877-3063 Toll Free: 855-926-2597

Wilfrid Laurier University Online Brantford, ON N3T 2W2 Tel: 888-368-0345 http://online.wlu.ca/ admissions@online.wlu.ca Wilfrid Laurier University’s B A in Policing program is 100% online and created in collaboration with law enforcement to provide you the skills and education you need. Designed for active and retired police officers, transfer up to 10 of 20 credits. Accepting students year-round. Visit online. wlu.ca to learn more.

Learn more at: BlueLineExpo.com

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SUPPLY & SERVICE GUIDE 2017 Access Control G4S Canada GardaWorld Accident Reconstruction Accreditation Georgian College Addiction Treatment Air Guns Alarm Devices Alcohol Detection Devices Alcohol Countermeasure Systems Ammunition Target Sports Canada Urban Tactical Ammunition & Weapons Disposal Canadian Ammunition Disposal Services (CADS) Architecture & Engineering Savage Range Systems, Inc. Armoured Vehicles Asset Management System Asset Tracking Association Audio/Video Aids Provix Inc. Automated Fingerprinting Awards, Badges, Pins Artcal Graphics & Screenprinting Fisher Space Pen Pride in Service Royal Spurs Batons Summit Canada Distributors Inc. Batteries Binoculars & Telescopes Biometrics Body Armour Urban Tactical Bomb Disposal BRS Innovations Boots, Shoes & Footwear Bates Footwear Prefair Royal Spurs Target Sports Canada TRU-SPEC Urban Tactical Breathing Apparatus Bullet Traps Savage Range Systems Inc. Summit Canada Distributors Inc. Cameras Freedom Lock & Security Inc. Provix Inc. Cases, Duty Bags, Storage Artcal Graphics & Screenprinting Target Sports Canada Teel Technologies Canada CCTV, Film Provix Inc. Clothing & Outerwear Prefair Target Sports Canada TRU-SPEC Collision Reporting Centres Commercial Vehicle Enforcement FEBRUARY 2017

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FEBRUARY 2017 2016-12-23 3:14 AM PM 12/21/16 9:24

CASE LAW

by Mike Novakowski

Warrant must be “issued,” not necessarily signed The absence of the justice’s signature on a search warrant did not render it invalid, the British Columbia Court of Appeal has ruled. In R. v.

Chen, 2016 BCCA 506, an undercover police officer agreed to purchase methamphetamine from the accused and another man.

As a result, two search warrants were obtained including one for Chen’s home.

An officer appeared in person before a judicial justice of the peace (JJP), affirmed the ITOs and applications for a sealing order, and left the package of materials with the JJP. Later, the officer received a call advising that the applications had been approved and the warrants were ready to be picked up. The officer attended the next morning and picked up the warrants with the sealing order in the same package. Police believed the warrants were valid and did not notice any irregularity with the warrant for Chen’s home.Unfortunately, the JJP failed to sign the warrant for Chen’s home on the signature line even though all other spaces were completed including the date and place of issuance, the court registry address and the JJP’s name. The sealing order that accompanied the warrant, however, was signed. With the use of ERT, the police made a “dynamic” entry into Chen’s home. Chen was in the home at the time and was informed that the police had a search warrant for his residence and he was given a copy. He was subsequently shown it page by page, and it was placed in his pocket. The police seized 28 kg of methamphetamine, 1 kg of cocaine, a Glock model 17 semi-automatic handgun and a magazine containing ammunition.

At his trial in BC Provincial Court Chen

argued, among other things, that the search was actually warrantless because the JJP’s signature was missing from the warrant. In his view, this defect rendered the warrant facially invalid and the search was therefore unreasonable under s. 8 of the Charter. As well, Chen suggested that the police failed to comply with s. 29 of the Criminal Code by not producing a valid warrant at the time of the search. The Crown, on the other hand, contended that the warrant was valid because it had been properly issued even though it was unsigned.

The judge found the warrant was facially valid based on the “totality of the evidence”.

The affiant was told the warrant had been approved, a sealing order had been received and there was evidence as to the usual procedures followed at the Justice Centre. As well, the warrant complied with the statutes and examining it as a whole, with the handwritten areas filled in, provided those that read it with sufficient information to conclude that it is valid. However, the judge ruled that it would not have been apparent on the warrant’s face such that a person presented with it could determine that it had been properly authorized. So although the police complied with the technical requirements of s. 29 of the Code in presenting the warrant, the absence of the issuing justice’s signature would make it difficult for a citizen to determine its validity when presented. This would render its production under s. 29 of the Code meaningless and a breach of that provision.

This non-compliance with s. 29 amounted to a s. 8 Charter breach but no s. 24(2) remedy was warranted because the repute of the administration of justice would not be harmed if the evidence were admitted. Chen was convicted of possessing methamphetamine and cocaine for the purpose of trafficking and several charges related to possessing the unregistered handgun.

Chen then appealed his convictions to BC’s highest court arguing, in part, that the warrant was not “facially valid” because it failed to comply with the basic requirement

of having a signature from the issuing justice.

Further, he submitted that this rendered the search warrantless, a major breach of s. 8, and the drugs and gun ought to have been excluded. Without evidence remaining to support a conviction, Chen sought an order of acquittal or, in the alternative, a new trial.

Warrant Validity Chen submitted that the signature of the issuing justice establishes the existence of judicial approval and not just mere police drafting or judicial contemplation. He asserted that a signature proves to the occupant of the premises being searched that; the police are entering their home under lawful authority and, it confirms to the police officers that they have judicial approval for the entry to the home. In Chen’s view, the lack of a signature on the warrant was more than a “technical defect” and it was a requirement as a condition of validity.The Crown, however, argued that the absence of the justice’s signature did not mean the warrant was not issued. Although a signature provides proof that a warrant was issued, a signature is not necessary for a warrant to be issued. In the Crown’s opinion, all of the requirements for the issuance of a valid search warrant had been met. It was based on information on oath that there were reasonable grounds, it was granted by a “justice” and it related to a particular place and time, and specified the “things” to be seized. As well, the sealing order was signed by the JJP. Justice Newbury, speaking for the Court of Appeal, agreed with the Crown. The question was not whether the search warrant was signed but whether it was issued: Section 11(1) of the Controlled Drugs and Substances Act … provides that a justice who, on an ex parte application, is satisfied by information on oath that there are reasonable grounds to believe a controlled substance is “in a place” may issue a warrant authorizing a peace officer to search the place for such substance and to seize it. There is

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no prescribed form for such a warrant and no express requirement that the warrant be signed by the justice. All that the Act requires for a search to be authorized is that the justice “issue” the warrant. [para. 1] And further: I am unable to agree with the [accused] that a requirement for the signature of the issuing justice should be ‘read in’ to s. 11(1) as a condition of the validity of a warrant. I agree with the Crown that the circumstances – especially the existence of the sealing order which on its face states that it was issued at the same time as the search warrant – were sufficient, together with the presumption of regularity, to support the judge’s conclusion that the justice of the peace must have “issued” the warrant in this instance. Thus I conclude (not without some hesitation) that the trial judge was correct in proceeding on the basis that the warrant was validly issued, and the search and seizure were validly authorized for purposes of s. 11(1) of the CDSA. [para. 35] In this case, evidence that the warrant was issued included: an ITO establishing reasonable grounds; the affiant was contacted by the Justice Centre and advised that the warrant had been approved; it contained the handwritten name of the JJP; the time during which the warrant could be executed was filled in by hand; it was accompanied by a sealing order which is only issued by the Justice Centre when a warrant is granted; and there was no indication the warrant had been denied. s. 29 Non-Compliance Under s. 29(1) of the Criminal Code a police officer who is executing a warrant must have it with them and produce it when requested. The purpose of s. 29(1) was described by the Supreme Court of Canada in R. v. Cornell, 2010 SCC 31 as allowing “the occupant of the premises to be searched to know why the search is being carried out, to allow assessment of his or her legal position and to know as well that there is a colour of authority for the search, making forcible resistance improper.” A failure to comply with this provision without good reason is a “significant breach” of s. 8 of the Charter.

Here, Newbury agreed with the trial judge that a person to whom the warrant was shown would be understandably confused as to whether the search had been properly authorized because it lacked the justice’s signature. Thus, there was non-compliance with s. 29 which resulted in a s. 8 Charter breach.

However, the evidence was nonetheless admissible under s. 24(2) of the Charter.

The breach was not at the high end on the seriousness scale. “This was a rare and understandable – if not wholly excusable – lapse of attention on the part of the police,” said Newbury. “In truth, however, the crucial error was that of the justice of the peace, who had primary responsibility for ensuring that the police received a warrant that was valid and that served the purposes of s. 29(1).” Chen’s appeal was dismissed and his convictions were upheld.

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FEBRUARY 2017 2017-01-16 10:05 AM

CASE LAW

by Mike Novakowski

Without standing, no right to argue s. 8 Charter breach A man found sitting on an apartment toilet with cocaine in its bowl could not establish he had a reasonable expectation of privacy such that he could argue police breached his Charter rights. In R. v. Reid, 2016 ONCA 944, the police received a 911 call just after midnight about an assault in progress. A police officer arrived at the scene to find a distraught female. She said her ex-boyfriend, Reid, had assaulted her and that he was inside a rooming house at 571 Mutual St. She also said that he was in possession of drugs and in breach of his curfew. A sergeant went to the address to investigate while other officers attended to assist. A person in the lobby of the building told police that there was a man on the second floor dealing drugs, directed them to unit 202 and said that “it was crazy up there”, as people were coming in and out of the unit constantly.

Police went to the second floor and the sergeant heard a woman inside the apartment.

He knocked on the door, requested it be opened and had a brief conversation with a woman. The

woman said she needed time to get dressed. The sergeant could hear people shuffling around inside the apartment. The woman tried to open the door but it was jammed by fabric bunched up on the floor. The sergeant pushed on the door to help the woman open it while she pulled it from inside the apartment. The sergeant entered the apartment and asked the woman, and another man, whether they lived in it. They answered that they did not live in the apartment and did not know who did.

They also advised the police that no one else was in the unit. Suspecting that this was an “apartment takeover” and concerned for the well-being of the true resident of apartment, the sergeant noticed a closed door in the unit. Based on safety concerns, he opened the door and found Reid sitting on the toilet. The sergeant told Reid to stand up and pull up his pants. The sergeant placed his hand on the small of Reid’s back, effectively guiding him out of the bathroom. The sergeant looked in the toilet and saw a cellophane bag in the water. It contained about 38 grams of crack cocaine. Reid was arrested for possessing cocaine for the purposes of

trafficking and read his rights to counsel.

A judge of the Ontario Court of Justice concluded that the police did not violate any of Reid’s Charter rights. He found Reid did not have a reasonable expectation of privacy in the apartment and therefore no standing to assert a s. 8 Charter breach. It was unclear whether he contributed to rent, the apartment was small and appeared to be set up for one person, there was only one key to the unit, Reid maintained other residences and his bail conditions included a requirement that he live with his surety, not with the woman. Nor were Reid’s ss. 9 or 10 Charter rights breached during his brief investigative detention when he was directed to exit the bathroom. The situation was fluid and ss. 10(a) and (b) were not engaged. As well, the sergeant entered the apartment on consent based on concerns for the safety and security of the true owner.

And, even if there was a Charter breach, the judge would have admitted the evidence under s.

24(2). Reid was convicted of possessing cocaine for the purpose of trafficking and two counts of

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BLUE LINE MAGAZINE 2017-01-18 3:29 PM

breaching a recognizance (possessing drugs and curfew). He was sentenced to 21.5 months in jail.

Reid appealed his convictions to Ontario’s top court. He submitted that he did have standing to assert a claim under s. 8. He suggested that the trial judge failed to look at the “totality of the circumstances in determining whether he had a reasonable expectation of privacy in the apartment and therefore standing to argue a s.

8 Charter breach. He argued that he and the woman found in the unit were in an intimate relationship, he was able to regulate access to the apartment and, even if the apartment was “more” the woman’s than his, he still had a subjective and objective expectation of privacy in her apartment when he was in it, with the door locked.

The Court of Appeal saw no reason to interfere with the trial judge’s conclusion that Reid lacked standing to advance an argument based on a s. 8 Charter breach. The trial judge properly applied the governing principles in his analysis and it was open for him to conclude that Reid’s subjective expectation of privacy was not objectively reasonable.Reid also argued that his arrest and detention violated his s. 9 rights. He asserted that his arrest was unlawful because it occurred inside a dwelling without a Feeney warrant. He contended that the sergeant approached the apartment with the intention of finding grounds to arrest and then search him for narcotics. As well, he submitted that the investigative detention preceding his arrest, which led to the discovery of the drugs in the bathroom, was illegal because it was tainted by an unlawful entry. Further, Reid contended that his ss. 10(a) and (b) rights were violated because the police failed to comply with the s. 10 requirements which became immediate once his detention crystallized.

Justice Epstein, delivering the unanimous Ontario Court of Appeal judgment, found the facts did not support the view that the sergeant entered the apartment to arrest Reid. Rather than entering a dwelling for purposes of arresting an occupant, the sergeant was investigating various possible criminal acts. Since the sergeant did not need a Feeney warrant before entering the apartment, Reid’s detention and arrest were not rendered illegal. Further, the trial judge’s finding that the sergeant entered the apartment on consent was not in error.The sergeant’s direction to Reid to leave the bathroom while placing his hand on his back did not amount to a detention.

“Not every interaction between a person and the police constitutes a detention within the meaning of the Charter, even where there is an investigation ongoing,” said Epstein. “Mr. Reid may have been momentarily under the officer’s control when [the sergeant] guided him out of the bathroom, but Mr. Reid was not subject to the type of physical or psychological restraint that amounts to a detention within the meaning of the Charter.”

And, even if a detention resulted from this momentary direction, it was neither arbitrary nor unreasonable and did not breach s. 9:

Proactive community policing, while an effective approach to crime prevention in highcrime areas, must be carried out in a manner that does not diminish individual rights and freedoms. When the police investigate and detain citizens, they must do so only when they believe, on reasonable grounds, that the detention is necessary, and the detention is not more intrusive to liberty than reasonably necessary to address risk. This standard does not change depending on where one lives.

However, here, [the sergeant] had reason to detain Mr. Reid. [The sergeant] had information that Mr. Reid had committed an assault, was dealing drugs, and could be found at 51 Mutual Street. On arriving at the Mutual Street building, [the sergeant] received additional information that a male matching Mr. Reid’s description was on the second floor dealing drugs out of unit 202. When [the sergeant] arrived at unit 202 and received information from the occupants that neither was the rightful occupant of the unit, he became concerned for the rightful occupant’s well-being. In attempting to ascertain who was in the apartment, and for his own safety, he opened the door that turned out to be a bathroom, found a person (who turned out to be Mr. Reid) inside, and asked him to step out.

College of Continuing Education

In my view, this was a reasonable request, given that [the sergeant] had just been told that there was no one else in the apartment, his concerns about an apartment takeover, and his ongoing investigation into possible drug dealing and an assault. [paras. 30-32] As for s. 10 of the Charter, Reid’s actual detention only crystallized when police saw the bag of drugs in the toilet. At this time, he was immediately arrested and given his right to counsel. Finally, looking into the toilet and retrieving the drugs from it did not constitute a “search” of Reid. “A search is only subject to constitutional review where the search intrudes on a reasonable expectation of privacy,” said the Court of Appeal. “Mr. Reid had no privacy interest in the apartment. Further, the drugs were found without any interference with Mr. Reid’s interest over his own personal privacy.

He was not searched: the toilet was searched.”

Since there were no Charter breaches, s.

24(2) did not apply and it was unnecessary to consider it. The evidence obtained by police was admissible, Reid’s appeal was dismissed and his convictions upheld.

Mike Novakowski is Blue Line’s case law columnist.

He can be contacted at: caselaw@blueline.ca.

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BLUE LINE MAGAZINE

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Dalhousie University College of Continuing Education 1459 LeMarchant Street, Suite 2201 PO Box 15000 Halifax NS B3H 4R2

FEBRUARY 2017 2016-12-12 10:40 AM

HOLDING THE LINE

by Michelle Vincent

Leadership and mental health There are so many facets to leadership in the world of policing. We experience them each day starting with parade at the beginning of the shift, where our sergeant briefs us on the unique elements of the day, special officer-safety concerns and other essential information that may affect us during our shift.

Our sergeants, staff sergeants, coach officers, and senior officers are all obvious examples of leaders in our organization often because of their rank. But there is a differentiation between leaders and authority figures and those differences can have different effects on the mental health of the members of our organisations.

I spoke with various colleagues about what their opinion of a leader was. Age and life experience seemed to make a big difference, however, there was a constant characteristic in all of the responses: a leader is someone who makes their team members feel safe. These leaders have their team members’ backs and practice what they preach. What also came to mind for me was how intricately related leadership and mental health are; especially for first-responders, where personal safety and life can be woven in the same experience.

I have always been inspired by outstanding leaders and noticed those that are effective. In researching this topic, I came across a very interesting TED Talk by management consultant Simon Sinek, on how effective leadership is executed. He talks of a military situation where US troops in Afghanistan were ambushed while escorting government officials to a visit with community elders in a village. When they came under attack, their leader, Captain William Swenson, risked his life by running through live fire to pull the dead and wounded out of danger. Simon wondered what compelled Captain Swenson to risk his life for others in this way. Initially, he attributed this to the good qualities of the captain and his desire to serve. Then, Simon realized that it was also the leadership environment and not just the good qualities of the captain that supported this behaviour. He always encouraged others within his troop to also be amazing leaders. The troop members all said they felt that any one of the members of their troop would have reacted in the exactly the same way for them. Trust and cooperation are key components that are elicited in these types of leadership environments.

He also talked about the Paleolithic area (50,000 years ago), when most people’s lives were filled with dangers and hazards. People found that organising themselves into groups FEBRUARY 2017

could lessen these dangers and hazards, allowing them to sleep better at night.

If we look at Maslow’s hierarchy of needs, safety is second from the bottom of the fundamental foundation that allows us to develop in a healthy way mentally, achieving love, belonging and esteem. I can sleep well if I know that I can trust that someone will be there to watch over me and my environment.

This can also be translated into our world of policing. If I know that everyone on the team has everyone else’s back when they are out on the road, they are clearer-minded and will likely execute their duties in a safe and professional manner. Similarly, if we know others have our backs when we are feeling “down” from a mental health perspective, we will feel better. Having a coffee with someone that is unusually quiet, or stopping-by for a visit when someone hasn’t been in to work for a while, are all actions that help people build trust and open-up about needing or asking for help. The conditions inside of an organization are what matters, according to Simon Sinek.

For example, safety, security and leadership support supersedes the power of any directive or authoritative power when it comes to being effective in business. When we don’t trust our leaders, or don’t feel safe, we don’t work as well as we could and we may react in unhealthy ways. When we feel safe and supported, we work harder to attain the goals 24

of the organization. Similar to that of a parent, great leaders want to provide opportunity, education (and discipline when necessary), for their members. When people in leadership positions violate those rules, they risk losing trust and cooperation.

Leadership is a choice, not an authority.

We all have a choice, each and every day to choose to be leaders in our place of work, in our families and in our communities. Let’s be that lead-by-example person; let’s create that safe environment for each other so that we feel and know we have each other’s backs in all situations, even when other aren’t around to see it or appreciate it. We call people leaders because they choose to go first, they sacrifice for us. Let’s grasp every opportunity we have to demonstrate leadership by example, in its truest form, creating the ultimate in good mental health.

For further inspiration, watch Simon Sinek’s TED Talk mentioned above: https:// www.ted.com/ and search for “Simon Sinek why good leaders make you feel safe?”

Michelle Vincent is a 15 year York Regional Police officer with a Masters Degree in Arts in Counselling Psychology and a background in equine assisted therapy and workplace reintegration and teaching. Her counselling practice is supervised by a psychologist with a specialty in addictions and trauma. Contact: michelle@blueline.ca.

BLUE LINE MAGAZINE

DEEP BLUE

by Dorothy Cotton

The Social Identity Theory A while back (last month actually) I was writing about the effect that diversity within a police organization has on efficiency in the organization as well as relations with the community at large. The latter observation — that the community may be more favourably disposed toward people that they perceive as being more like themselves — seems pretty obvious. But never let it be said that we do not have a fancy theory to explain such apparently obvious things. The observation that we pay more attention to people we can identify with is a reflection of the Social Identity Theory. It means essentially, that people are inherently more favourably disposed toward people that they view to be similar to themselves — what is called their in-group. “Similar” can be anything, such as: gender, age, race, political or religious beliefs, hair colour, etc.

People appear to be hard-wired to display preferential behaviour toward their own ingroup. Studies have shown for example, that when people are shown film clips of other people being subjected to pain, their reaction to the pain of the other person is influenced by the degree to which they can identify with that person. I am not going to get into long winded and complex discussions of brain parts here, but if you hook people up to various devices that measure brain activity, you see different physiological reactions depending on whether the person is watching someone of the same or different race as themselves endure the pain.

The observation that someone is similar to us also tends to mean that we think they are better than people who are not like us. Most people think that whatever country they live in is the BEST country (Canada), whatever religion they follow is the best religion, etc.

A side effect of these social identities is that in order for our characteristic, whatever it is, to be the best, it means that all others are somehow inferior. It also means that we overgeneralize to others in our in-group. So if I am a white female, then I am going to assume that all white females are alike—or at least more alike than they are like other people, such as black males. This is of course folly.

Research tells us that the similarities between genders and races and religions far outweigh the differences, but our inherent tendency to generalize prevents us from readily accepting that. Look, for example at the popularity of the “Men are from Mars, Women are from Venus” books. Also, think about how much time we spend talking about millennials versus boomers. In reality these two groups are far more alike than they are different, but both groups do not want to see their similariBLUE LINE MAGAZINE

ties, just their differences. There is greater variability in almost all ways among either men or women that there is between men and women, but we focus on the small (and often imaginary) differences.

How do we draw conclusions about groups of people? It’s essentially a three step process: 1. First we categorize people; male or female, black or white or brown, police officer or civilian, city bus driver versus long distance bus driver, etc. The ability to categorize is an essential human strategy. It allows us a shorthand way of remembering and accomplishing things. It is a whole lot more efficient to think “vegetables are good for us” rather than trying to remember, “broccoli is good for me, peas are good for me, carrots are good for me, beets are good for me, and squash is…”

2. Second, we identify with certain groups (probably not vegetables); I am a certain gender or age group or nationality, I play a certain musical instrument or sport, I have a particular occupation. So I identify with bassoonists but not people who play the guitar, women but not men, and psychologists but not baristas.

3. Third, we compare our groups (in-groups) to other groups; generally, I conclude my groups are better: women/older/bassoonplaying/ psychologists are better than…

“Not me,” I hear you saying. At a conscious level, I am sure that some of us realize that many of the generalizations are not accurate, and that our groups are not necessarily inherently superior.

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It would be nice to think that this is a learned phenomenon, and that as a result we can unlearn it, and although this is true to some extent, it is not that simple. Our conscious rational thoughts are not necessarily the same as our automatic responses.

So you have to stop, think, identify and challenge those automatic assumptions.

So that’s the serious take-home message of this column. But now I will digress to another study I found which is just kind of amusing (and related) and given that it is February, we can all use a little amusement.

Let us talk about yawning, and in particular, contagious yawning. I think many people are familiar with that general concept: when someone in a group yawns, everyone else starts yawning too. Apparently, chimpanzees do the same thing. Some researchers at the Yerkes National Primate Research Center at Emory University in Atlanta, Georgia took two groups of chimpanzees and showed them videos of a yawning chimp. The chimps either saw a chimp they knew (a member of their in-group) yawning, or they saw a strange (unknown) chimp yawning. There was significantly more contagious yawning when the chimps saw a member of their own group yawn. Among other things, the authors concluded that contagious yawning is an indication of empathy, and one empathizes more with members of one’s own in-group.

At least if you are a chimp.

Next time you yawn, look around and see who joins you. It’s good to know who your friends are.

Dr. Dorothy Cotton is Blue Line’s psychology columnist. She can be contacted at: deepblue@blueline.ca.

FEBRUARY 2017

TECHNOLOGY

by Tom Rataj

3D scanning and visualization for crime scenes Back in the “old” days, serious crime scenes were documented with a few photographs taken with a medium or large format camera, using black and white print film and a single-use flash-bulb, when extra light was required. This was eventually replaced with 35mm cameras using colour print film and multi-use battery-powered electronic flashes.

In addition to photographs, more serious crime-scenes were also methodically measured and dimensioned and a skilled forensic officer drew blueprint-style plans, so the scene could later be studied, analysed and presented in court. All of this was of course extremely labour and time intensive and produced only 2-dimensional (2D) images.

Around 1990 still-photography was sometimes augmented by video walkthroughs of scenes, using analogue video-tapes.

In the early 2000s, much of the photography transitioned from colour-print film to digital, greatly reducing the cost of photography and improving the ability to quickly share imagery. Digital video cameras using solid-state memory cards also later replaced tape based video cameras, improving quality and the ability to quickly share video.

Manually drawn crime-scene plans also went digital with the advent of electronic drafting programs such as AutoCAD and others. Once the electronic plans were completed, large wide-format printers could quickly and accurately produce blue-print sized drawings within a few minutes.

While all these advances certainly revolutionised crime-scene imaging and mapping, and saved substantially amounts of time and labour, they still all relied on crime-scenes being measured with measuring tapes and other devices. Obviously, this presented numerous problems with speed and accuracy and introduced the potential for transpositional errors, all of which could undermine investigations and court proceedings.

Going 3D Fortunately, there is another technology available that substantially advances crimescene imagery. Laser-based scanning equipment from market leader Leica GeoSystems, which has been in use by law enforcement forensics and collision reconstruction investigations for several years, has now advanced to the point where it can rapidly and simultaneously capture 3D and high dynamic range (HDR) photos of any scene.

FEBRUARY 2017

Their latest generation Leica ScanStation P40 can scan a scene at a scan rate of 1 million points per second at a range of up to 270m. It has high angular accuracy, low range noise and survey-grade dual-axis compensation so it is capable of creating highly accurate 3D colour point images with realistic clarity. The integrated digital camera can simultaneously capture both video and still images, offering additional versatility.

The P40 is also highly temperature tolerant (–20°C to +50°C / –4°F to 122°F) so it can function in even the harshest conditions.

How it works The ScanStation uses a precisely focused laser, which is aimed at the surface of objects within its range. The laser emits a pulse of light towards an object and then measures the amount of time it takes for the reflection of that pulse of light to return to the system.

Since the speed of light is known, the time of the light-pulse’s round-trip produces a precise measurement of the distance between 26

the ScanStation and the object(s) that laser pulse reaches.

To create a virtual image of an object or a crime scene, the 3D laser uses a system of rotating mirrors to aim the laser light in very fine incremental steps within the scanning area. Each neighbouring point of objects in the crime scene is measured and recorded by the scanner, and once all the measured points are assembled or reconstructed, the shapes of the scanned objects are displayed in what is called a point-cloud.

The visualization or picture produced by the 3D scanner also provides precise distance measurements between points on the surface of the object so users can determine the length, width and thickness of an object as well as the distance between any points in the scan. Reconstructing all the point-cloud information is done through a reference system in a process known as alignment or registration. To maintain a high level of accuracy the ScanStation is typically mounted on a commercial grade tripod which provides a stable, fixed position.

To get a complete 3D image of a room or other crime scene, the 3D scanner typically needs to be repositioned to different locations within the crime scene so that all objects are scanned from multiple sides. In the reference system, the scan information from each location is electronically stitched together to create a virtual 3D model of the scanned scene. The virtual 3D model is displayed on a monitor where it can be moved and otherwise manipulated to better study a scene.

Because the virtual reconstruction is so accurate, the size of objects and the distance between objects can be accurately measured.

In a crime scene, for example, a precise measurement of the distance and orientation of an item of evidence can easily be determined relative to other objects in the scene such as furniture or walls.

The 3D scanner can also be used to accurately determine the field of view a person had from a particular location (such as a window or door), which would allow investigators to verify witness testimony or other information.

Further information is available at: www.leica-geosystems.us/en/index.htm.

Tom Rataj is Blue Line’s editor and technology columnist.

He retired from the Toronto Police Service in 2015 after 35 years of service. He can be contacted at tom@blueline.ca.

BLUE LINE MAGAZINE

DISPATCHES Steven Bell has been selected as the new Deputy Chief of the Ottawa Police Service. Bell has 21 years of policing experience, most recently as the Superintendent in charge of the Resourcing and Development Directorate. Bell has worked in a wide variety of uniform, investigative and administrative functions, and held key positions in several significant projects including the Gender Audit, Service Initiative and Wellness Strategy. Bell holds a BA in Psychology and Political Science, and is the President of the Board of Directors for Rideauwood Addictions and Family Services.

••• Scott Sheppard has been named the new commanding officer of the Yukon RCMP. Sheppard is a 27-year veteran of the RCMP. He previously worked in municipal detachments in B.C.’s lower mainland, as well as in rural and First Nations communities in both B.C. and Manitoba. Sheppard received a Queen’s Jubilee medal for his work with the 2010 Winter Olympics security team, and a commendation for his work on long-term undercover operations.

Sheppard also assisted the Canadian Forces with counterinsurgency investigations in Afghanistan.

••• Laurie Hayman, Chief of the Strathroy Caradoc Police Service in south-western Ontario, retired in mid-December 2016. Hayman was an auxiliary officer with the London Police Service and then a campus police officer with the University of Western Ontario in London before being hired by the St. Thomas Police Service, where she was the first female police officer and later the first female sergeant. Hayman was the first female chief of the Strathroy Caradoc Police Service, one of only 13 female police chiefs in Canada and the first openly gay Chief of Police in Canada.

••• Lawrence ‘Larry’ McLarty, the first black police officer with the Toronto Police Service passed away in December 2016 at the age of 87.

McLarty immigrated to Canada in 1957 after serving eight-years as a police officer in his native Jamaica. He was hired in January 1960 and eventually rose to the rank of Detective Sergeant, working in the Public Complaints’ Bureau before his retirement in 1992. The Larry McLarty Scholarship award for black youth interested in policing is presented annually in his honour by the Black Business & Professional Association.

International Airport Investigators Training Symposium The YYZ Airport Intelligence Unit invites you to attend the 5th International Airport Investigators Training Symposium (IAITS).

The symposium will be held at The Sheraton Parkway – Toronto North Hotel & Suites in Richmond Hill, Ontario on April 10-12, 2017.

Since its initial year, the IAITS has connected hundreds of law enforcement and border protection officers and personnel working within various government and corporate security agencies at airports around the globe.

IAITS is an international learning and networking opportunity for everyone

BLUE LINE MAGAZINE

27 BlueLine_Georgian_Feb.indd 1

working in the field. Current trends, best practices, tactics, techniques and successful investigations and lessons learned are all shared at this important event.

New connections made at IAITS open and improve the lines of communication within the field, facilitating improved global information sharing and ultimately assisting agencies with combatting organised crime, terrorism and other criminal activity at airports. The overall goal is to ensure and improve aviation and public safety at airports around the world.

For more information or to register please visit our website at www.IAITS.ca.

FEBRUARY 2017 2017-01-11 11:54 AM

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BACK OF THE BOOK

Risk, ruin or redemption

By Robert Lunney (This article originally appeared in the December 2007 edition of Blue Line Magazine.)

For all the emphasis on recruiting police officers who want to serve and are genuinely devoted to helping the community in a sensitive and thoughtful way, many of the best candidates – and current officers – remain powerfully attracted to the excitement and unpredictability of the job.

For the adventurous of mind, encounters with the unexpected and exposure to risk has genuine appeal. While collaborative problem solving and community building is now a vital part of modern policing, public safety and protection tops the list at the first threat of real danger.

That’s when society depends on resolute and courageous police officers rising to the occasion. Often that responsibility falls to those willing and capable of accepting some greater degree of risk.

Policing will never be a predictable occupation. Every situation has differing elements and, while policies can be devised to give direction in ordinary circumstances, it’s up to street officers to interpret policy depending on what they encounter. That means accepting risks.

There are several kinds of risk takers: The inexperienced, those who are conservative by nature in all circumstances, people who take reckless and unjustifiable gambles (count them among the truly dangerous) and those who weigh the balance of probabilities, make rapid but calculated decisions and then turn them into action.

A talent for successful risk taking is developed through personal experience and learning from others. Luck is sometimes cited as a factor, but good luck favours the prepared mind. Joseph Wambaugh explained it this way in ‘The Onion Field’: “Twenty minutes later the communications operator re-broadcast the information on the stolen Plymouth. This time more was added. “Above vehicle possibly occupied by two male suspects wanted for kidnapping and murder of a police officer.”

The sergeant, anticipating the reaction of young aggressive officers, came on the air and ordered all units to remain on their beats, but officers Odom and Crist looked at each other and Crist said, “Screw the beat. Let’s hump.” Odom drove toward Highway 99, across the Taft Highway to the new freeway and south. He drove 140 miles per hour.”

Odom and Crist stopped a car on the freeway, arrested two suspects and seized the murder weapon. This time, impulsive FEBRUARY 2017

risk-taking paid off – big time – but had they smashed into an innocent party while speeding across country, what would be the verdict?

Tracey Gove of the West Hartford Police commented on the balance between risk and responsibility in an FBI Bulletin article: Empowerment and accountability hold great importance for law enforcement officers, who possess a tremendous amount of responsibility and significantly less line-of-sight supervision than employees in most other occupations. Thus, the inherently autonomous nature of law enforcement work carries a strong need for independent decision making.

Similarly, the potential consequences – including liability – of police-citizen encounters necessitate careful accountability.

Further, today’s officers are highly educated in a variety of subjects and have a wealth of knowledge and diverse backgrounds. They have learned to think and make decisions independently. A work environment that fails to empower these individuals will erode their motivation, direction and self-initiation. The effects of this devitalized work spirit can become exacerbated among some of the younger police officers in the current workforce who may require considerable motivation.

Only through empowerment will officers become fully engaged, motivated and willing to follow leaders. Supervisors must carefully design and orchestrate the empowerment process. Too much freedom will result in officers feeling alienated or confused and will leave them open to guessing in uncertain situations.

Hero or zero, risk taking is not for the inexperienced, rash or irresponsible. Ultimately, the risk taker is accountable for the outcome and management is accountable for their training and supervision. Too much supervision stifles the initiative police services need their officers to take, while too little leaves the agency exposed to community criticism and court actions. It’s risk, ruin or redemption, but calculated judgment based on knowledge and experience makes all the difference.

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Bob Lunney is a retired police management consultant and former occasional contributor to Blue Line Magazine.

He started his policing career with the RCMP, and later served as the Chief of Police of the Edmonton Police Service, the Peel Regional Police, and the Director of Public Safety for the City of Winnepeg.

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