Taser Int. asks BC Supreme Court to quash Braidwood

The vigilantly litigious Taser International is filing an application today with the B.C. Supreme Court to quash all 19 of Justice Braidwood's recommendations, along with the section that deals with medical concerns :

Braidwood concluded that “conducted-energy weapons do have the capacity to cause serious injury or death” and that the risk increases with multiple use and when aimed at the person’s chest.

... a conclusion also reached by Taser International : Instructor and User Warnings, Risks (via Stanford) :

"When practicable, avoid prolonged or continuous exposure(s) to the TASER device electrical discharge. The stress and exertion of extensive repeated, prolonged, or continuous application(s) of the TASER device may contribute to cumulative exhaustion, stress, and associated medical risk(s). Severe exhaustion and/or over-exertion from physical struggle, drug intoxication, use of restraint devices, etc. may result in serious injury or death."

Nonetheless, Taser contends the Braidwood Inquiry ignored "an enormous body of medical and scientific literature, all of which we provided to the commission, to support the safety of the conducted energy weapon".

Presumably not included in Taser Int's "enormous body of literature" was this Canadian Medical Association Journal article, in which Dr. Matthew B. Stanbrook notes the company's tendency to use researchers who "occasionally neglect to mention their participation on TASER International’s medical advisory board or board of directors", and their success in "suing a researcher for publishing scientific results critical of tasers in a peer-reviewed journal and a medical examiner for the “error” of listing taser exposure on a death certificate as the cause of death".

Taser lawyer : "Taser is of the view that the conclusions and recommendations in this report would put law enforcement and Canadian citizens at risk."

Uh huh...
So we have the four RCMP who tasered Robert Dziekanski appealing a previous court decision that allowed Braidwood to make misconduct findings against them in the taser part of the inquiry, and now Taser Int.'s suit as well.
When part two of Braidwood's inquiry resumes in Sept. 2009, after having been derailed in June by a last minute surfacing of an incriminating RCMP email, will the argument be that certain issues can no longer be reviewed by the inquiry because they are now before the courts?
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RCMP challenge authority of Braidwood Inquiry yet again

Constables Kwesi Millington and Bill Bentley, two of the RCMP officers involved in the TASER™ death of Robert Dziekanski at YVR, are mounting yet another ludicrous and embarrassing court challenge to prevent the Braidwood Inquiry from finding against them, and officers Rundel and Robinson are expected to follow suit.

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After Justice Braidwood warned that his final report might - might - accuse them of tasering Robert Dziekanski five times when it was "not justified," of acting "inappropriately aggressively", and of giving "self-serving and misleading" testimony and "misrepresenting the facts" at the Braidwood Inquiry, RCMP lawyers took a constitutional challenge to the BC Supreme Court in June, arguing that as a provincial inquiry, the Braidwood Inquiry did not have the authority to rule against members of the federal RCMP.

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They lost that one. when the judge dismissed their application. To their credit, RCMP brass in BC appear to be cool to these court challenges.

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But now lawyers for Millington and Bentley are turning to the BC Court of Appeals to quash that BC Supreme Court ruling, mounting the same arguments about jurisdiction as before and seeking :

"a permanent injunction to prevent the commission from continuing any proceedings against Millington and Bentley or making any findings of misconduct until 60 days after the appeal court rules on the matter. No date has been set for the appeal court hearing."

60 days from an appeal court hearing that doesn't even have a date set yet would likely put it past the resumption of the Braidwood Inquiry in September. At that time Braidwood will be looking into an RCMP email - which surfaced on what was expected to be the Inquiry's final day - that alluded to the four officers' having a plan to TASER™ Dziekanski prior to arriving on the scene, contradicting their sworn testimony that they did not have such a plan.

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Running out the clock on inquiries of misconduct - it's an old RCMP tactic in BC and elsewhere in Canada.

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Mounties aim to block Braidwood Inquiry

The four RCMP officers who killed Robert Dziekanski with a TASER™ are asking the B.C. Supreme Court to prevent the Braidwood Inquiry from "making findings of misconduct against them" on the grounds "that a provincial inquiry doesn't have the power to make findings against federal police officers".

Justice Thomas Braidwood has warned that he may consider finding that the four RCMP "acted improperly and then tried to cover up their actions" in his final report.
The RCMP are hoping to use the excuse that they are a federal department not accountable to BC to pre-empt the BC Crown from possibly reopening their case. Not that there's been any indication that that's likely.

So far, Constables Kwesi Millington, Bill Bentley, Gerry Rundel and Corporal Monty Robinson have been exonerated by :

• the Criminal Justice Branch of BC, which, despite having watched the same Paul Pritchard video the rest of us saw, determined the officers were "acting lawfully and responded with reasonable force".
• the Integrated Homicide Investigation Team, who also watched the vid and were so certain no charges would be laid that they didn't even bother to warn the officers first of their rights under the Charter that anything they said could be held in evidence against them or that they had a right to have their lawyers present.
• the federal Department of Justice, which advised the Mounties they were not legally required to attend the Braidwood Inquiry anyway.

Additionally, the official federal RCMP watchdog Paul Kennedy has already said he is not given sufficient access to RCMP files to enable him to perform his job.

For the RCMP's lawyers to ask the BC Supreme Court to prevent a BC public inquiry from delivering on its purpose ... well that smells like shear flopsweat desperation.
But who is left who has the will to hold the renegade officers of this federal paramilitary organization to account?
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Update : RCMP distances itself from officers' lawsuit over Dziekanski inquiry

Sgt. Tim Shields, the RCMP's official spokesman in B.C. :
"The position of the RCMP is that the RCMP will co-operate fully with the inquiry and is also recognizing the jurisdiction of the inquiry as having authority.
These lawyers are representing the four officers; they're not representing the RCMP."
While Shields acknowledged the lawyers are paid for by taxpayers, he said the force itself has no power to stop them from contradicting RCMP policy.

UPDATE : BC Supreme Court rules Taser inquiry can find Mounties at fault

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