Officer Murdered= Capital Punishment

8 03 2010

Today PC Vu Pham, 37, was murdered doing exactly what he was paid to do, “his job” according to OPP Commissioner Julian Fantino.

Pham had initiated a traffic stop on a suspect vehicle while enroute (for what is being widely reported – but not confirmed) to a domestic violence call.  A shootout occurred and unfortunately PC Pham was fatally hit.

I personally conducted thousands of traffic stops during my career and every once and awhile the hair on the back of your neck stands up with fear, anxiety, adrenaline, and excitement, but never do you picture yourself going down in a hail of bullets.

Many questions will need to be answered in the upcoming days that will allow future officers to learn from PC Pham’s murder.  If he was going to a domestic, why did he initiate a traffic stop with only one officer?  Could have he not followed the vehicle?  Although I will not reveal specific police tactical information, I can say that officers SHOULD NOT approach these sorts of situations alone.  Whether or not this played a role into PC Pham’s murder will only be revealed in time.

All we know about the 70 year old suspect is that he too was airlifted to London Health Sciences Centre, Victoria Campus.  He will undoubtedly face at least a charge of first degree murder.  What will happen after that will play out in our court system.

Perhaps its the former cop in me, but I for one would fully support a return of capital punishment for this offence.  The situations that police officers put themselves daily is generally one where when everybody is running from something, the police are running to something.  Some may argue that is what they are paid to do, and rightfully so, however, no officer is paid to lay their life down because of a job.

I also strongly feel that circumstances differ.  The murder of DC Rob Plunkett, a former colleague of mine, as tragic as it is, in my opinion would not qualify for the death penalty (if I had my way), because for how I understand the facts, the suspect was attempting to get away and the officer was killed during that attempt.  This is different compared to the shooting death of PC Pham.

I think I could probably go on for a long time on this issue.  But let us all remember that those who wear uniforms, drive emergency vehicles (not just the police – but also fire and EMS) all put themselves at risk everyday.

I personally thank PC Pham, my condolences to his family, the OPP, and all my former brothers and sisters in blue.  For heaven has another blue angel to watch over the rest of us.  Your watch is over, we’ll take it from here.

Ryan





OPP Officer Shot…

8 03 2010

This morning at about 10am, an OPP officer was shot, reportedly in the head during an exchange with an armed suspect.  Although details are still coming out, rumours are floating around that the officer died en route to the hospital.

The suspect is also reported to be in grave condition as both were transported to London Health Sciences Centre in London, Ontario.  The investigation has been taken over by the SIU.

As with events of nature, there is little to go on until an official press release is released, but I am hoping that he/she pulls through.  There has already been too many police deaths in Ontario in the last couple months.

I will update as information comes available.





National Anthem Change?

4 03 2010

There is a movement that is gaining steam and a significant amount of media coverage that is proposing to change our national anthem.

The impugned lyrics include “In all thy sons command…”  It is being proposed that it would be changed with “Thou dost in us command.”  My reaction?  Unreal!  Have we really come to such a PC state that every reference that “excludes” has to be changed?  I was even further surprised to learn that this movement has been pushing for the change since 1990!  Again, unreal.

I hope the same people that are writing these letters to the Canadian government are drafting other letters to the Catholic Church for arguably one of the most whispered prayers… “Our Father.”  Should this be changed also?

I hold that there are some things that need to remain the same, not because they are arguably exclusionary by their words, but because perhaps in a budget that is on the eve of being release, that this is not the time to be spending money in looking into an issue when cuts and restrictions are surely in all Canadians future.

Why not open it up to return it back to the original 1908 lyrics all together?  Hell, I would be in favour of changing our national anthem to the updated version of “The Maple Leaf Forever.”

Additionally, and this comes as an after thought.  I’m wonder if this could be taken one step further to attempt to have “God keep our land…” stricken from the anthem.

Discuss.





Google Wave

26 11 2009

I just received a Google Wave invitation from a good friend… Now to see what all the hype is about.  Regardless, since my move of my personal email to Gmail, I’ve been a happy camper!

Hey Google, I’m expecting big things.  I trust you won’t disappoint!





Ontario “Street Racing” Law Unconstitutional…

23 11 2009

A second judge (Justice Peter West – Newmarket) has dismissed charges under Ontario’s new “Street Racing” laws, saying that they are unconstitutional because the potential jail time has an underlying criminal application.  It has been reported that police agencies will still continue to lay charges.

I can see this one eventually making it to some higher courts before a final determination is brought forth.

Check out the story





BLG Finalist

21 11 2009

Last week, I had the honour of competing in the Borden, Ladner, Gervais, LLP Client Counselling competition with my amazingly talented partner Cassandra Tarrataca.  This competition was reported to be the largest to date, and we were fortunate enough to make it to the finals!

Testing the competitors on life like situations of interviewing a potential client, we were faced with two “white-collar” crime scenarios.

I would like to personally thank the judges, all from BLG’s Toronto office, for sponsoring and making the trip down.  Also for the food and drinks at the finalists dinner afterward.

For a full recap head to the competitions page at UWO Law





Girl, 10 – Tasered

20 11 2009

 

In an odd story out of Arkansas a 10 year old girl was tasered in part because she refused to take a shower.  The officer was subsequently suspended, NOT for tasering the girl, but for not activating the video camera during the incident.

Read the rest of the story at Law Is Cool





Ski Jumpers Wings Clipped

15 11 2009

In a decision sure to disappoint, the BC Court of Appeal dismissed an appeal by a number of female ski jumpers hoping to obtain inclusion to the Vancouver 2010 Olympics.

Aside from obvious Charter issues, the Court said the International Olympic Committee was not bound because it is a Swiss based organization.

The women have not decided if they will seek leave to the Supreme Court of Canada.

See my full story at Law is Cool.





Is The SIU Playing Politics?

30 10 2009

The Toronto Police Service Association is accusing Ontario’s police watch dog of playing politics, by charging more officers only because of a scathing Ombudsman’s report, that called the Special Investigations Unit a “toothless tiger.”

Now the TPA is “barking back” and taking their message to the media.  A Toronto Sun article outlines some very key points in this debate.

For the full article, please visit Law Is Cool to view my full article.

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V.S.





Police Instigated Montebello – Report Holds

25 10 2009

When the North American Summit Leaders’ Summit was held in Montebello, Quebec in August 2007, something came to the attention of Dave Coles, President of the Communications, Energy and Paperworkers Union.

Amidst a seemingly peaceful protest, Coles noticed that three bandana-clad “burly” men were attempting to incite the protestors to become violent toward riot police.

ot-youtube-montebello-070822

As with many of these situations at the national level, the R.C.M.P. has jurisdiction or control if you will over security, however, then Minister of Public Safety Stockwell Day indicated that security on the front line and directed toward controlling the protesters was the responsibility of Quebec’s provincial police agency, the Sureté du Québec.  That in my opinion, is fairly normal.

What Mr. Coles charged is that the three burly men were actually police officers.  This seems to go against the rationale to what the police were there to do.  To quell violence not insight it.  After concluding in quickie internal investigation there was no wrongdoing, the Comité à la déontologie policière said yesterday in a media release there was grounds to believe wrongdoing occurred on the part of the officers, and has now summoned them to a hearing on the matter.

Now the committee, which has the power to issue binding rulings on the Quebec police, will hold public hearings on the issue within the next six months. The three officers – Jean-François Boucher, Joey Laflamme and Patrick Tremblay – are required to appear - The Globe and Mail reports.

Aside from the obvious disciplinary sanctions that these officers now potentially face.  Mr. Coles and many like him are asking the tough question of who directed these officers to take such action?  Accountability needs to be had in order to restore faith in the public’s perception of how the police handle these situations.

Like one of my other articles, (also found here), I have the fortunate ability to break this down as a former police officer, who was also part of the York Regional Police’s Public Order Unit.  Just to qualify my skills, I receive basic Public Order training at Downsview park with the Toronto Police Service’s Public Order Unit, and did requalification training at C.F.B. Meaford with a number of Ontario police agencies.  I was also deployed to Caledonia at the height of the tension between the First Nations people and local residents.

In my training we were taught how to deal with such situations and my superiors would have never instructed officers to take up such actions.  Just as the protestors arms themselves with video cameras and other “weapons” of technology, so do the police.  In such public order situations, there could be plainclothes officers in the crowd monitoring situations, recording for evidentiary purposes, and watching certain groups known to police to cause problems.  Nothing wrong with that.

But the thought that the police were the ones instigating the problems is quite saddening.  I hope justice is swift, and those responsible, whether it is the Sûreté du Québec, R.C.M.P., or politicians are able to dealt with appropriately.

After watching the YouTube video,

Montebello Protest

And hearing all of the evidence the Committee has ruled in the following manner:

ALLOWS the application for review in respect of the three respondent

sergeants on the allegations stated by the Commissioner in his decision:

Was disrespectful or impolite towards any person (section 5 of the Code);

Used obscene, blasphemous or abusive language (section 5 of the Code);

8 Item 4.10 of the Commissioner’s investigation report.Failed to respect the authority of the law by inciting persons to violence (section 7 of the Code);

Refused to produce identification when a person asked him to do so (section 6 of the Code);

Furthermore, now that the Committee has overruled the Commissioner, the door has probably been opened for a criminal investigation in relation to assault charges against one officer, and potentially this:

Unlawful Assembly:

63. (1) An unlawful assembly is an assem- bly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on rea- sonable grounds, that they

(a) will disturb the peace tumultuously; or

(b) will by that assembly needlessly and without reasonable cause provoke other per- sons to disturb the peace tumultuously.

(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a man- ner that would have made the assembly unlaw- ful if they had assembled in that manner for that purpose.

Like all interesting developing stories, we shall see where this leads us.