November 2007
Tasers

Frank Paul Inquiry

The BCCLA is calling for a public inquiry into the use of tasers and for the creation of an independent civilian agency to investigate deaths in police custody.

In the wake of the disturbing video - released publicly - of the death of Robert Dziekanski, the BCCLA is reprising our call for a moratorium on the use of tasers.

In addition, the BCCLA is urging Stockwell Day, federal Minister for Public Safety and John Les, BC Minister for Public Safety and Solicitor General to call a joint federal/provincial inquiry into the safety and use of Tasers.

Finally, with the high rate of civilian deaths while in custody or while being pursued by police (including motor vehicle pursuits), the BCCLA is calling on both ministers to create an independent, civilian agency to investigate civilian deaths and serious injuries, instead of the police.

Since 1992, on average, 18 civilians die in police involved incidents each year in British Columbia alone.

BCCLA news release


Robert Dziekanski

The BCCLA is participating in the public inquiry into the death of Frank Paul, a 47-year-old Mi'kmaq man who was dumped by Vancouver police in a down-town eastside alley where he died of exposure. In December, the Commission heard testimony from witnesses, including Constable Robert Turner and his partner Constable Derek Peterson.

Constables Turner and Peterson told the Commission that they arrested Mr. Paul the night of Dec. 5, 1998, for being drunk in a public place. After his arrest, Mr. Paul was transported to the Vancouver jail, where he was refused entry, apparently at the behest of the jail sergeant. Greg Firlotte, a jail guard, helped transport Mr. Paul back into a paddy wagon after the jail refused to care for him. Mr. Firlotte told the Commission that Mr. Paul was drunk, soaking wet, and unable to walk when he was dragged through the jail and loaded into the wagon.

Mr. Firlotte testified that despite Mr. Paul’s inability to care for himself, the Vancouver police did not call paramedics or request that jail nurses examine Mr. Paul. When questioned by counsel why he didn't call for help, Mr. Firlotte said: "I was the new guy, the junior officer … I didn't want to step on anybody's toes.” Constable Paul Instant, the wagon driver, dropped Mr. Paul off in an alley without shelter from the elements in the early morning hours of Dec. 6, 1998.

The first phase of the inquiry is investigating the facts and circumstances that led to Mr. Paul’s death. The second phase of the inquiry will examine the response to Mr. Paul’s death by BC Ambulance, Vancouver Police, the Coroner, the Police Complaint Commissioner and the Criminal Justice Branch. The B.C. government called the inquiry into Paul's death after years of pressure from the BCCLA and aboriginal groups. The BCCLA is represented by Michael Tammen, of Harper Grey LLP, and Grace Pastine, BCCLA Litigation Director.


Freedom in Action Japan's Proposed Biometrics Sweep for Visitors

The BCCLA held its 3rd annual Freedom in Action forum at SFU Harbour Centre on November 28. About 200 students and teachers heard presentations by lawyer Tim Hinkson of Peck and Company and BCCLA Executive Director, Murray Mollard.

The success of this forum depends upon many volunteer group leaders and presenters: John Richardson from Pivot Legal Society, Kirstin Danielson, Chris Hardcastle and Yong-Jae Kim from Lawson Lundell, Graham Noble and Sarah Albertson from BEST, John Kehler from Directions Youth Services, Molly Lynes-Ford from Check Your Head, Richard Rosenberg and Larry Cohen from the BCCLA as well as Peter Edelmann, Spencer Herbert and Romi Chandra.

The BCCLA is supporting Privacy International in opposing Japan's proposal to fingerprint and face-scan all visitors and foreign residents. Currently the United States is alone in the world in fingerprinting and face scanning visitors and retaining this information for vast periods. The US-VISIT Programme - grotesquely expensive, ill-defined, prone to breakdown and subject to massive security weaknesses - is proving to be one of the worst border management strategies in the world.

We have added our voice to the call for Japan to reconsider its proposal and urged Japan to adopt the kinds of border management strategies that are both effective and proportionate, such as verifying passports against the Interpol list of lost and stolen passports from around the world.


International Human Rights and Humanitarian Law Lectures

Learn about the critical role of international human rights and humanitarian law to global peace and human dignity. This four-lecture series provides information about the development, purpose and substance of international human rights and humanitarian law and its application to current humanitarian crises. Each lecture offers a unique opportunity to engage with a distinguished expert on the law and its application to specific issues of global concern.

The lecture series is motivated by the fact that lack of knowledge of these laws, at all levels, remains an impediment to meaningful enforcement and the resulting gap between law and practice has left millions unprotected from military aggression and grave human rights abuses and has ensured impunity for violators.

This lecture series is the first step towards the development of a Canadian Centre for Human Rights and Humanitarian Law offering free public education.


Tax Time is Around the Corner

With the season of taxes nearly upon why not choose to donate publicly traded stock and securities and not only give but receive? Choosing to donate stocks or securities is a tax-smart way to donate to the B.C. Civil Liberties Association. Why? Because when you donate stocks or securities you become exempt from being taxed on the capital gain. What you get for your donation of stocks will be a tax receipt for the fully appreciated value of the donation of publicly traded stock or securities. What could be better than this!

If this sounds like something you are interested in learning more about, we first recommend obtaining legal advice. Once you have spoken to your advisor, we would be happy to make you an appointment with our legal and financial expert. Please email our Executive Director, Murray Mollard or contact him by phone at 604-630-9752 and he will be happy to arrange a free legal consultation for you.


Civil Liberties Update is a summary of some of the B.C. Civil Liberties Association's recent work. The Association publishes a newsletter, The Democratic Commitment, an annual report and posts its positions, submissions, legal arguments and news releases at www.bccla.org.

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