Wednesday, April 1, 2009

The not so friendly RCMP!

Scandals surrounding the RCMP

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While the Royal Canadian Mounted Police has a history dating back to 1873, it has been involved in a number of high-profile scandals particularly in the 1970s.

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[edit] Early controversies

Until 1920, the RCMP and its forerunner, the Royal North West Mounted Police, operated only in Western Canada and the North. The new organization was created by an amalgamation with the Dominion Police, giving the RCMP a national security mandate as a departure from its earlier role as a frontier police force. Early controversies grew from its preoccupation with Communism and the labour movement. Following from its operations in the Winnipeg General Strike of 1919, the RCMP intervened in labour disputes, not as an impartial law enforcement agency, but to assist with breaking strikes. In one incident, RCMP officers clashed with striking coal miners for 45 minutes in Estevan, Saskatchewan in 1933 and killed three miners during the melee (see Estevan Riot). Part of its strategy against labour organizing included extensive use of spies for surveillance of suspected Communists, which was revealed at the court trial that convicted the leadership of the Communist Party under Section 98 of the Criminal Code of Canada in 1932. Political surveillance activities were conducted out of its Criminal Investigation Department until a separate branch, the RCMP Security Service, was established in 1950. The RCMP was also the force used to stop the On-to-Ottawa Trek by precipitating another bloody clash that left one Regina city police officer and one protester dead in the 1935 Regina Riot. The Mounties were frequently criticized for these activities by labour and the left, including one of its most prominent surveillance targets, Member of Parliament J. S. Woodsworth. A dispute with the Government of Alberta over prohibition led to the creation of a separate Alberta Provincial Police from 1917 to 1932.[1]

[edit] Killing of Inuit sled dogs

There have been many Inuit accounts related to the alleged killings of sled dogs during the 1950s, 1960s and 1970s, as well as the impact of the federal government's efforts during that time to relocate Inuit into modern settlements.[1]

[edit] Inquiries

In 1977, the Quebec provincial government launched the Keable Inquiry into Illegal Police Activities, which resulted in 17 members of the RCMP being charged with 44 offences.

In the same year, a Royal Commission was formed by Justice David McDonald entitled Inquiry Into Certain Activities of the Royal Canadian Mounted Police to investigate allegations of vast wrongdoing by the national police force. The inquiry's 1981 recommendation was to limit the RCMP's role in intelligence operations, and resulted in the formation of the Canadian Security Intelligence Service three years later.

[edit] Theft of dynamite

In April 1971, a team of RCMP officers broke into the storage facilities of Richelieu Explosives, and stole an unspecified amount of dynamite. A year later, in April 1972, officers hid four cases of dynamite in Mont Saint-Grégoire, in an attempt to link the explosives with the FLQ. This was later admitted by Solicitor General Francis Fox on October 31 1977.

[edit] Break-ins

A series of more than 400 illegal break-ins by the RCMP were revealed by Vancouver Sun reporter John Sawatsky in his front-page exposé headline "Trail of break-in leads to RCMP cover-up" on December 7, 1976. The story won the Vancouver Sun the Michener Award that year.[2]

It wasn't until the following year that it was uncovered that the October 6, 1972 break-in at the Agence de Presse Libre du Quebec office, had been the work of an RCMP investigation dubbed Operation Bricole, not right-wing militants as previously believed.[3] The small leftist Quebec group had reported more than a thousand significant files missing or damaged following the break-in.[4] One RCMP, one SQ and one SPVM officer pleaded guilty on June 16, 1977, but were given unconditional discharges.

A similar break-in occurred at the same time, at the office of the Mouvement pour la Défense des Prisonniers Politiques Québécois.

In 1974, RCMP Security Service Corporal Robert Samson was arrested trying to independently plant explosives at the house of Sam Steinberg, founder of Steinberg Foods in Montreal. While this bombing was not sanctioned by the RCMP, at trial he announced that he had done "much worse" on behalf of the RCMP, and admitted he had been involved in the APLQ break-in.[3]

On April 19, 1978, the Director of the RCMP criminal operations branch, admitted that the RCMP had entered more than 400 premises without warrant since 1970.

[edit] Barn-burning scandal

Perhaps the best-remembered scandal, on the night of May 6 1972, the RCMP Security Service burned down a barn owned by Paul Rose's mother in Sainte-Anne-de-la-Rochelle, Quebec. They suspected that separatists were planning to meet with members of the Black Panthers from the United States.[5] The arson came after they failed to convince a judge to allow them to wiretap the alleged meeting place. This was later admitted by Solicitor General Francis Fox on October 31 1977.

Staff Sergeant Donald McCleery was involved in the operation,[3] and today runs his own "investigation and surveillance" company [6].

[edit] Theft of PQ members list

In 1973, more than thirty members of the RCMP Security Service committed a break-in to steal a computerized members list of Parti Québécois members, in an investigation dubbed Operation Ham.[7] This was later admitted by Solicitor General Francis Fox on October 28 1977. John Starnes, head of the RCMP Security Service, claimed that the purpose of this operation was to investigate allegations that the PQ had funneled $200,000 worth of donations through a Swiss banking account.[8]

[edit] False FLQ Manifesto

 This section does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. (June 2008)

In 1971, the RCMP chief superintendent Donald Cobb oversaw the infiltration of FLQ cells with federal agents, and the releasing of a fraudulent "Manifesto" on behalf of the La Minerve cell, calling for increased violence.

[edit] Intelligence mole

In 1972, it was suspected that there was a Soviet infiltrator in the ranks of Canadian intelligence. Suspicion initially fell upon Leslie James Bennett. In the 1980s it was discovered that the mole had been RCMP Sergeant Gilles Brunet, the son of an RCMP assistant commissioner. [3]

[edit] Death of Leo LaChance

 The neutrality of this section is disputed. Please see the discussion on the talk page. Please do not remove this message until the dispute is resolved. (December 2007)

On January 1991 in Prince Albert, Saskatchewan, Leo LaChance, a Cree from Whitefish reserve near Big River, was shot and killed by Carney Milton Nerland. Leo LaChance entered the Prince Albert Northern Pawn and Gun Shop. Carney Nerland was in the shop with two other men. While LaChance was in the shop, Nerland shot into the floor twice. Then, a few moments later, as he was leaving, LaChance was shot.

Nerland was charged with manslaughter and in May 1991 was sentenced to a four-year prison term with eligibility for statutory release after serving two-thirds of the time. After Nerland's trial and sentencing, there was an outpouring of public concern, particularly from the Aboriginal community, over how the affair was handled.

The decision to charge Nerland with manslaughter and not murder was made after only a day and a half investigation.[citation needed] The investigation relied heavily on the sworn statements of Nerland and his friends Brownbridge and Yungwirth who stated the shooting was an accident: Nerland did not know the rifle was loaded when, while putting it away, he pulled the trigger, shooting LaChance who was standing outside the door. It was concluded there was not enough evidence to show intent to kill.

Nerland, a self-confessed fascist, was also the Saskatchewan leader of the Ku Klux Klan and Aryan Nations, but during the trial, Nerland's racial political ideology was dismissed as irrelevant to the shooting as well, despite Nerland's statement to a police officer "if I am convicted of killing that Indian, they should give me a medal and you should pin it on me."[9][10] The sentencing judge stated that if there had been evidence linking Nerland's political views to the shooting, it would have justified a longer sentence. He was later sentenced to the federal penitentiary at Stony Mountain in Manitoba. [11]

On December 15, 1993 Nerland was released from Stony Mountain penitentiary and placed under a witness-protection program as an informant to the RCMP.

[edit] Excessive use of force at the 1997 APEC Summit

In 1997, the APEC summit was held in Vancouver. Controversy arose after officers of the Royal Canadian Mounted Police used pepper spray and strip searches against protesters, who were objecting to the presence of several autocratic leaders such as Indonesian president Suharto. A subsequent public inquiry concluded that the RCMP was at fault, showing a lack of professionalism a failure of planning. The report also charged that the Canadian government interfered with police operations, possibly in an effort to shield certain leaders from being publicly embarrassed by the protests. [12]

[edit] Killing of Darren Varley

In 1999 RCMP Constable Michael Ferguson fatally shot local resident Darren Varley to death after being attacked inside the holding cells at a Pincher Creek police station. After two hung juries, Ferguson was convicted at a third trial of the killing and found guilty of manslaughter.

[edit] Torture Scandal: The stories of Ahmad El Maati, Abdullah Almalki and Maher Arar

On September 26, 2002, during a stopover in New York City en route from a family vacation in Tunisia to Montreal, Maher Arar was detained by the United States Immigration and Naturalization Service, acting upon information supplied by the RCMP. Arar was sent to Syria where he was imprisoned for more than 10 months, tortured and forced to sign a false confession that he had trained in Al Qaeda camps in Afghanistan. A public campaign ended in his release and won a public inquiry into his case, which found that he had no ties to terrorism.

Like Arar, Ahmad El Maati, Abdullah Almalki and Muayyed Nureddin are Canadian Muslim men who were detained and tortured overseas while under investigation by Canadian investigators. They were all detained when they arrived in Syria and taken to the same Syrian detention centre — the Far' Falastin, or Palestine Branch — of the Syrian Military Intelligence. All were tortured. All were interrogated by the same Syrian interrogation team, who accused them all of links to terrorism using information and questions that could only have originated with Canadian agencies. The Arar Inquiry has already determined that the RCMP sent questions for Abdullah Almalki to his Syrian interrogators. As in the case of Arar, unnamed Canadian officials used the media to publicly accuse El Maati and Almalki of having ties to al-Qaeda. No Canadian official has admitted to making these accusations in the media, and many years later, no evidence has ever been produced to back their claims. Like Arar, El Maati and Nureddin were eventually released without charge. Almalki was cleared, acquitted and released. When they returned to Canada, they all called for a process which would expose the truth about the role of Canadian agencies in what happened to them, and which would help them clear their names and rebuild their lives.[13] Their stories and the story of the RCMP investigation likely responsible for what happened to at least three of them are told in a new book by Kerry Pither called Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror.

On September 28, 2006, RCMP Commissioner Giuliano Zaccardelli issued a carefully-worded public apology to Arar and his family during the House of Commons committee on public safety and national security:

Mr. Arar, I wish to take this opportunity to express publicly to you and to your wife and to your children how truly sorry I am for whatever part the actions of the RCMP may have contributed to the terrible injustices that you experienced and the pain that you and your family endured.

In a subsequent December 2006 appearance in front of the Commons committee, Zaccardelli said the timeline -- regarding what he knew at the time and what he told government ministers -- given in his first appearance in September was inaccurate. He resigned the following day.

On January 26, 2007, after months of negotiations between the Canadian government and Arar's Canadian legal counsel, Prime Minister Stephen Harper issued a formal apology "for any role Canadian officials may have played in what happened to Mr. Arar, Monia Mazigh and their family in 2002 and 2003" and announced that Arar would receive $10.5 million settlement for his ordeal and an additional $1 million for legal costs. Ahmad El Maati and Abdullah Almalki, meanwhile, still await answers in their cases from the secretive Iacobucci Inquiry into the RCMP and other Canadian agencies' alleged role in their overseas detention and torture.

[edit] Pension fund scandal

In 2004, Andrew McIntosh, an investigative journalist at The National Post, revealed a secret audit that detailed misuse of millions of dollars by the RCMP of its own members' pension fund. He also revealed that several people had been forced from their jobs because of the scandal, but that there had not been a proper probe into the irregularities. The same day his story was published, Commissioner Zaccardelli announced the force would pay back to the pension fund the millions misused and he called for a police probe by Ottawa Police Force, though Zaccardelli somehow managed to maintain control over the probe[citation needed] and nobody was subsequently charged.

After Zaccardelli's resignation in 2007, a public accounts committee heard several testimonies from former and serving RCMP officers alleging serious fraud and nepotism at the upper management level under Zaccardelli. The fraud allegations go back to 2002 and are related to RCMP pension and insurance plans for members of the force. Zaccardelli launched and then two days later cancelled a criminal investigation into the matter, which was resumed by the Ottawa Police Service after his resignation. That investigation found serious nepotism and wasteful spending. A follow-up investigation by the Auditor-General found millions of dollars inappropriately charged to the pension and insurance plans.[14]

A subsequent investigation conducted by a former head of the Ontario Securities Commission strongly criticized the management style of Zaccardelli, which he said was responsible for "a fundamental breach of trust" and called for a major shake-up of the force. Specifically, RCMP members and employees who attempted to address the pension fund issue suffered "career damage" for doing so, according to the investigators findings.[15] Interim RCMP Commissioner Beverley Busson concurred with the recommendations and promised that individuals who the upper ranks attempted to silence would be thanked and recognized.[16]

[edit] Const. Justin Harris and the Prince George RCMP

Following the 2002 case of a Prince George judge, David Ramsay, who pled guilty to misconduct with young prostitutes, similar allegations were made against Constable Justin Harris and other RCMP officers. Harris was accused of having touched an underage prostitute, paying a prostitute for sex, and refusing to pay at all, between 1993 and 2001.[17]

The RCMP Act forbids a hearing to take place more than one year after a senior officer has been made aware of such allegations, but because the allegations had been made against nine officers with little evidence, the RCMP did not launch a criminal investigation against Harris, and did not launch a misconduct hearing until 2005.[17] On October 4, 2006, the RCMP disciplinary board decided to stop all proceedings against Harris because the investigation conflicted with the RCMP Act. (This decision has since been appealed by the senior RCMP officer in B.C.)[18] Public outcry from people like Daisy Kler of Vancouver Rape Relief and Women's Shelter criticized the RCMP's internal investigation policies.[18]

[edit] Ian Bush Incident

Main article: Ian Bush

On October 29, 2005, Ian Bush, 22 was arrested in Houston, British Columbia. At the RCMP detachment office, Bush died due to a single gunshot wound to the back of the head.[19][20]

Koester and Bush were alone in the interrogation room.[21] Koester claimed that he was being choked from behind to unconsciousness and acted in self defence.[20] An investigation was conducted by an RCMP team brought in from another region.[20] That investigation was reviewed by several agencies including the Ministry of the Attorney General of BC,[20] by Crown Counsel,[citation needed] and the federal RCMP Public Complaints Commission.[21] Koester was cleared of any wrongdoing.[19] The Coroner's Inquest into the death reached the same conclusion.[21]

Conflicting evidence was given at the inquest.[19] The analyses of the blood splatter evidence by an RCMP forensics officer, Jim Hignell, and Edmonton police constable, Joseph Slemko, differed; the former supporting Koester's account, the latter contradicting it.[22]

[edit] Robert Dziekański Taser incident

Main article: Robert Dziekański Taser incident

Robert Dziekański was a Polish immigrant who arrived at the Vancouver International Airport on 14 October 2007 where he died after being tasered a total of five times by RCMP officers after waiting 10 hours at the airport. Police have been heavily criticized for their handling of the incident, and the incident has revived debate concerning police use of tasers in Canada.[23] As of March 2008, a public iquiry of the events is underway.

[edit] Royal Inland Hospital Taser Incident

In May 2008, at Royal Inland Hospital in Kamloops, an RCMP officer used a taser on Frank Lasser while he was in his hospital bed. He was reportedly "delirious" and wielding a knife.[24][25]

[edit] Allegation of political bias against Insite

In October 2008, it was revealed that the RCMP had used taxpayer money to pay individuals to write negative, politically biased reports about the the Vancouver safe injection site, Insite. In addition to this, memos were distributed referring to British Columbia's Centre for Excellence in HIV/AIDS - a nationally renowned repository of some of the top AIDS research in the world - as the "Centre for Excrements", and suggesting stacking radio shows with callers against Insite.[26]

[edit] Impaired driving causing death

In October 2008, Constable Benjamin Robinson of the RCMP, who was one of the four officers involved in the Robert Dziekański Taser incident, drove while intoxicated and collided with motorcyclist Orion Hutchinson, who died from the incident. Delta Police detained the suspect and conducted a breathalyser test, which he failed. He was released under the condition to appear at Surrey Provincial Court on Jan 19, 2009, when the Crown may charge him with driving while intoxicated (DWI). At the time, police refused to release the name of the officer, saying the investigation is still ongoing.[27][28]

[edit] References

  1. ^ Steven Roy Hewitt (1997) (PDF). Old Myths Die Hard: The Transformation of the Mounted Police in Alberta and Saskatchewan, 1914-1939. PhD thesis. University of Saskatchewan. http://library2.usask.ca/theses/available/etd-10202004-235919/unrestricted/nq23937.pdf. Retrieved on 2007-01-13.
  2. ^ The Michener Awards Foundation
  3. ^ a b c d Twenty years since the Air India bombings-Part 2 Why is the Canadian government resisting a public inquiry?
  4. ^ http://www.sirc-csars.gc.ca/reflections/sec2a_e.html#10
  5. ^ The Canadian Security Intelligence Service (84-27e)
  6. ^ Donald McCleery and Associates Inc. - Company Profile
  7. ^ http://www.parl.gc.ca/information/library/PRBpubs/8427-e.pdf
  8. ^ Chronology of the October Crisis, 1970, and its Aftermath - Quebec History
  9. ^ Elizabeth Fry Society - Response to the Department of Justice re: Reforming Criminal Code Defences: Provocation, Self-Defence and Defence of Property - Page 9
  10. ^ The Killing Of Leo Lachance
  11. ^ The Killing Of Leo Lechance By Ron Bourgeault, Canadian Dimension, Mar/Apr94, Vol. 28 Issue 2, p21
  12. ^ http://www.cbc.ca/canada/story/2001/08/07/apec010807.html RCMP slammed in APEC report CBC News, August 7, 2001
  13. ^ www.kerrypither.com
  14. ^ "RCMP officers accuse top ranks of coverup". CBC. 28 March 2007. http://www.cbc.ca/canada/story/2007/03/28/rcmp-allegations.html. Retrieved on 2007-06-17.
  15. ^ "RCMP needs major shakeup: federal investigator's report". CBC. 15 June 2007. http://www.cbc.ca/canada/story/2007/06/15/rcmp-pension-070615.html. Retrieved on 2007-06-17.
  16. ^ "RCMP commissioner promises to do right by abused employees". CBC. 16 June 2007. http://www.cbc.ca/canada/story/2007/06/16/busson-rcmp.html. Retrieved on 2007-06-17.
  17. ^ a b Accused RCMP officer says force acted too late against him, CBC, Tuesday, October 3, 2006.
  18. ^ a b Hearing dismissed for Mountie accused of having sex with teen prostitutes CBC, Wednesday, October 4, 2006
  19. ^ a b c "Inquiry clears RCMP officer in death of Ian Bush". National Post. 2007-11-30. http://www.nationalpost.com/news/story.html?id=132730. Retrieved on 2007-12-08.
  20. ^ a b c d "Officer who shot Ian Bush to testify". National Post. 2007-11-29. http://www.nationalpost.com/news/story.html?id=132738. Retrieved on 2007-12-08.
  21. ^ a b c "Lethal force necessary in Ian Bush's death: ruling". CTV. 2007-11-29. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071129/bush_ruling_071129/20071129?hub=Canada. Retrieved on 2007-12-08.
  22. ^ "Findings did not receive fair analysis: blood expert". National Post. 2007-11-30. http://www.nationalpost.com/news/story.html?id=135891. Retrieved on 2007-12-08.
  23. ^ Inquiry into Dziekanski's Taser-related death resumes Monday CBC.ca March 22, 2009
  24. ^ DigitalJournal.com
  25. ^ CBC.ca 8 May 2008
  26. ^ globeandmail.com: Insite revelation proves RCMP needs watching
  27. ^ "Taser Mountie faces drunk driving charge". Vancouver Sun. 2008-10-25. http://www.canada.com/vancouversun/news/story.html?id=a6f64f90-f0b8-44b0-8053-a6afa7e831f3. Retrieved on 2008-10-30.
  28. ^ "Airport death not caused by tasers, B.C. says". Globe & Mail. 2008-12-28. http://www.theglobeandmail.com/servlet/story/RTGAM.20081212.wtasers12/BNStory/National/home. Retrieved on 2009-03-24.

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