Police-Encounters-With-People-In-Crisis

crisis), and regarding prolonged or repeated deployments, are required to understand
better the potential effects on people of varying levels of health. In order to know the
potential effects of CEWs in real-life police interactions, further study is required of
subjects who are intoxicated or who are resisting police or otherwise exerting
themselves physically before being subjected to a CEW current. The Goudge Report
therefore recommended large-scale population-based field studies of actual police
deployments in the field, with consistent, detailed collection of information on the
characteristics of the subjects and the circumstances surrounding CEW use. The Goudge
Report noted that many of the existing studies on health effects of CEWs have been
prepared or funded by organizations that have perceived conflicts of interest, such as
manufacturers of the weapons. To improve the confidence placed in study results, the
Report recommended that the additional studies be conducted by independent
researchers. I agree with these recommendations.
34. The need for consistent data was repeatedly highlighted in the Goudge Report,
which indicated that a lack of standardization and inconsistent reporting related to
police use of force in general made critical analysis difficult. The Report recommended a
national database of information about use of force by police services, as well as
common definitions of use of force and CEW use, and standard reporting protocols for
police and medical professionals. I agree with these suggestions for standardized,
consistent data reporting.
(b) The Braidwood Reports
35. Following the 2007 death of Robert Dziekanski after he had been subjected to
CEW deployment, the British Columbia government appointed the Honourable
Thomas R. Braidwood, Q.C., a retired judge of the Court of Appeal of British Columbia,
to conduct an inquiry in two phases: (1) an inquiry into the use of CEWs by provincially
regulated law enforcement and corrections agencies; and (2) an inquiry into the
circumstances of Mr. Dziekanski’s death. 44
36. Phase one of the Braidwood Commission found that in B.C., police officers used
CEWs most frequently when responding to calls concerning self-injurious behaviour
(including suicide attempts), threats of violence, public disturbances and intoxication.
Approximately 11% of CEW uses involved people classified as “emotionally disturbed.”
The behaviours that precipitated deployment frequently included active resistance,
alcohol or drug intoxication, and assaults. CEWs were also used on people who were
yelling and making verbal threats.
37. The B.C. data indicated that, out of approximately 1,400 uses, officers deployed
CEWs more than 160 times when the subject was being cooperative or displaying
passive resistance. By contrast, a CEW was used 485 times against a subject
demonstrating active resistance, 669 times in response to assaultive behaviour, and only
19 times when there was a risk of grievous bodily harm or death to the police officer. The
latter statistic is of interest in the debate among stakeholders about whether CEWs will
44
Restricting Use, supra note 40; Dziekanski Tragedy, supra note 40.
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