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Tasering of teen at jail unnecessary: report
Katie May Northern News Services Published Thursday, December 17, 2009
In its final report released Dec. 11, the Commission for Public Complaints against the RCMP made 14 recommendations on consequences for the RCMP officer involved, Const. Noella Cockney, and on broader changes to RCMP policies.
Cockney used the conducted energy weapon "when it was unnecessary to do so," the report states.
On March 13, 2007, Cockney was called to Inuvik's Arctic Tern Young Offender Facility because staff reported the girl, who can't be identified because she was a minor at the time, was acting out and refusing to move to the facility's segregation area. When Cockney arrived, there were five youth officers present, three of them restraining the girl as she struggled face down on the floor with her hands handcuffed behind her back.
The report states Cockney warned the girl three or more times if she didn't co-operate, she would use the Taser. The girl told her to go ahead and use the weapon, and Cockney did - for a five-second jolt of 50,000 volts of electricity.
Two internal RCMP investigations into the matter, launched after the girl's mother contacted the young offender facility and the RCMP to complain, concluded Cockney had done nothing criminally or ethically wrong in using the weapon in that situation.
The public commission's investigation, which began in November 2008, questioned whether Cockney had acted appropriately, whether the officers conducting the initial investigations were biased, and whether the RCMP's current policies are adequate.
Its report slams the RCMP's handling of the incident and of the mother's complaint, and says the inadequacy of the internal investigations suggests bias in favour of Cockney.
The report states the Inuvik detachment's attempt to resolve the complaint informally was "improper" and found that while Cockney had filed a report on the incident, it was sparse and was only printed several months afterward. More details were later added, suggesting a possible attempt at a cover-up when the internal investigation began. The commission also found the officers conducting the investigation had only selectively reported evidence. The investigation found the Inuvik detachment had breached national RCMP policy by failing to keep logs on Taser use.
The commission also found that Cockney's certification to operate the conducted energy weapon had expired 13 months before the incident.
Commission chair Paul Kennedy, a former senior assistant deputy minister for the federal justice department, recommended that the RCMP should instruct Cockney, and the other three officers involved in handling the complaint, on how to take proper detailed notes and maintain logs. He also recommended the Inuvik detachment should create a policy on how to respond to future calls at the young offender facility.
RCMP G Division Sgt. Brad Kaeding told reporters in Yellowknife on Dec. 11 that the officers would receive "operational guidance" on things like note-taking but would not face any other forms of discipline.
Kaeding said the RCMP accepts the findings of the commission and police will be "making determinations from there if any follow-up actions are required."
He said it is too early to say exactly how or if the RCMP will change its policies as a result of the commission's report, adding that the RCMP has already made some changes since the March 2007 incident.
Kaeding said the "biggest change" has been that police are no longer allowed to Taser people in police custody who are actively combatant with officers.
Kaeding acknowledged Cockney was no longer certified to use the weapon, but compared it to a driver who has an expired licence. He said just because someone is not currently certified does not mean they are unqualified.
Kaeding added that RCMP officers who are not certified to use certain weapons are no longer permitted to carry them.
Asked whether or not there had been an attempt at a cover-up, given that there was no mention in the original report that the girl who was Tasered was in handcuffs at the time, Kaeding responded, "Additional notes were made ... I would say notes were added for the sake of thoroughness."
"Nobody is infallible," said Inuvik mayor Denny Rodgers. "Certainly we appreciate the work the RCMP do in this community and all communities. It's not an easy job but the system is set up so that if there are isolated incidents that need to be dealt with, they're dealt with."
The full report and recommendations are available on the commission's website at www.cpc-cpp.gc.ca.
- with files from Cara Loverock and Andrew Rankin
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