Monthly Archives: October 2017

Supreme Court Dismisses Appeals by Killer Mounties Kwesi Millington and Monty Robinson in Dziekanski Case

On Monday, October 30, 2017, The Supreme Court of Canada dismissed appeals from killer Mounties Kwesi Millington and Benjamin (Monty) Robinson who had been convicted of perjury in connection with the killing of Robert Dziekanski at the Vancouver airport in 2007. The two Mounties were among four RCMP officers charged with perjury following a public inquiry into the killing of Mr. Dziekanski, a traveler from Poland who was tased multiple times in the arrivals area of the airport. Millington was sentenced to 30 months in prison while Robinson was sentenced to two years less a day, one year of probation, and 240 hours of community service.

The Dziekanski killing put on display clearly the culture of deception and lies that marks Canadian policing in general and the RCMP in particular and was infused with lies through and through. The RCMP spokesperson initially proclaimed publicly that Mr. Dziekanski was acting aggressively toward officers, not complying, and apparently drunk. All of these claims against the victim were shown to be lies when a civilian video of the encounter appeared showing that, in fact, Mr. Dziekanski did not confront officers aggressively and appeared to be following their orders (despite a language barrier as none of the officers spoke Polish). RCMP had taken the video from the videographer and attempted to keep it from being released publicly.

The Supreme Court rejected the appeals immediately after hearing them. Because they ruled from the bench, formal reasons for their decision were not immediately available.

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Police Kill at Least One Person in Incident at Hospital in Cobourg, Ontario (Oct. 27, 2017)

Details are still emerging about a police involved shooting at the Northumberland Hills Hospital emergency room during which two people were left dead, at least one whom was killed by police. The incident unfolded right before midnight, Friday, October 27, 2017, at the hospital in Cobourg, Ontario, a small town about 115 Kilometers east of Toronto. The two victims are a husband and wife in their 70s. The Special Investigations Unit (SIU), which examines cases of police harm to civilians in Ontario, is investigating.

SIU spokesperson Jason Gennaro has publicly stated that police in Cobourg were initially called to the hospital emergency room on reports of the sound of gunshots at about 11 PM. The SIU reports that police claim they encountered the 70-year-old man and two officers fired their weapons striking the man and killing him. He was pronounced dead on the scene. The SIU reports that officers then found a 76-year-old woman who was dead, apparently of some type of head wound.

The SIU has only confirmed that the couple were admitted to hospital. “for unknown ailments” and that at some point in the evening they had been next to each other on gurney’s in a triage area of the emergency room. Other important details have not been released publicly or confirmed.

There has been some speculation that the woman had been shot, but Gennaro would not confirm that. It has also not been confirmed at this point that the man had any type of weapon.

One witness claims hearing at least five or six shots after police arrived. Other witnesses have reported hearing multiple shots in a manner that suggested to them the use of an assault weapon.

Northumberland Hills Hospital has only confirmed in a statement that there was a “serious incident” in its emergency department that involved a weapon. There are no details on whether this refers to the police weapons or another weapon. The SIU has not confirmed that the man had a weapon, but questions have been asked of the hospital how a patient with a gun could be admitted.

The SIU has assigned six investigators and two forensic investigators to investigate this shooting by police.


Killer Cop Daniel Montsion’s Lawyer Claims Vicious Beating Did Not Kill Abdirahman Abdi

There used to be an old saying, “Help the police, beat yourself up.” Now Michael Edelson, the lawyer for killer Ottawa cop Daniel Montsion, wants a court and the public to believe that the vicious beating his client inflicted on 37-year-old Abdirahman Abdi had nothing to do with killing him. Instead, he suggests Abdi died of a heart attack. And he apparently wants people to believe that, even if he did have a heart attack, a severe beating with baton by police did not play a part in it. So, according to copagandist Edelson, Abdi is responsible for his own death: not the brutal assault he was subjected to. Maybe he beat himself to death.

Edelson made these absurd and offensive claims in an attempt to move up the court date for officer Montsion. According to audio court transcripts from the October 20 hearing, Edelson suggested: “This is not a beating that caused the death of Mr. Abdi. Mr. Abdi died of a heart attack. That’s what killed him.” Montsion has been charged with manslaughter, aggravated assault, and assault with a weapon in the killing of Abdi in July 2016.

The lawyer’s request to move the trial date was denied. The 12-week trial remains scheduled to start in February 2019, which is almost three years after Abdi’s killing.


Winnipeg Cops Delay Breathalyzer for Colleague Justin Holz in DUI Hit-and-Run Killing of Cody Severight

Questions are being raised publicly about egregious delay in police officers administering a breathalyzer test to their colleague who was involved in a fatal hit-and-run in Winnipeg. Constable Justin Holz (34) was arrested away from the scene a short tome after striking 23-year-old Indigenous man Cody Severight of Waywayseecappo First Nation on October 10, 2017.

Len Eastoe, a former cop who now runs Traffic Ticket Experts to help people fight fines, cannot understand why it took three to four hours to administer the test to Constable Holz. Said Eastoe: “It is a rather strange period of time” (quoted in CBC 2017). Eastoe notes that there can be a passage of time in administering the breath test, in this case the gap between when the crash happened and when Holz was tested is much too wide. He suggests that the test is usually done within two hours. In his view: “There has to be some sort of a reason for that, and then you’ve really got questions as to whether that test is going to be admissible or not” (quoted in CBC 2017).

Of course, some would offer the rather obvious answer that they are doing what cops routinely do in protecting their colleagues who kill. And in this case, as Eastoe suggests, it could rule the test inadmissible in any court proceedings against the officer, thus shielding him from conviction.

Even more, two police officers who had been assigned to investigate Holz have been placed on paid administrative leave and could face charges, for as yet unspecified activities. Winnipeg police Chief Danny Smyth has only said that the officers did not administer the breathalyzer test and were not at the scene of the collision.

The Independent Investigation Unit (IIU), Manitoba’s police oversight body, said on Friday, October 20, that it had been notified of “irregular and improper conduct of two officers” and is assessing whether charges should be laid. It ahs been reported that one of the officers in question was at The Pint, the bar at which officer Holz was drinking before getting in his car and killing Cody Severight. Did they watch as their colleague got into his car to drive off after an evening of drinking?

Constable Holz has been charged with impaired driving causing death and fleeing the scene of an accident.

 

Further Reading

CBC. 2017. “Breathalyzer Delay for Officer Charged in Fatal Hit-and-Run Raises Questions, Former Cop Says.” CBC News. October 25. http://www.cbc.ca/news/canada/manitoba/breathalyzer-test-length-of-time-justin-holz-1.4370540


Person Killed by Alberta RCMP Identified as 26-Year-Old Cree Man, Cavin Poucette

Family members have identified 26-year-old Cavin Poucette as the person shot and killed by Alberta RCMP on the morning of October 19, 2017, in the town of Gleichen, victim of Thursday morning’s shooting in the town of Gleichen, east of Red Deer. Poucette has been identified by friends as a “proud Cree” originally from Morley on the Stoney Nakoda First Nation.

The incident that resulted in the killing started when two RCMP officers conducted a traffic stop near the intersection of Haskayne Avenue and Gleichen Street, for reasons not yet disclosed publicly. It ended when an RCMP officer shot Mr. Poucette, who was pronounced dead at the scene.

Relatives later recognized Poucette and his vehicle within the crime scene tape and publicly identified him as the victim.

Family members have some serious questions about the killing. Gildas Storm, Poucette’s uncle, said to CTV Calgary: “They should tell us what’s going on. All they say is they don’t know who that is and they don’t know who… That’s my nephew!” (quoted in White 2017).

He continued in frustration: “Cops stopped us here and they said that ASIRT was going to get ahold of us. They’re driving all over the damn reserve trying to find people. We’re right here. If ASIRT wants to find the family, we’re right here” (quoted in White 2017).

The Alberta Serious Incident Response Team (ASIRT) is investigating.

 

Further Reading

White, Ryan. 2017. “Friends and Family Mourn Man Fatally Shot by RCMP in Gleichen.” CTV News. October 21. http://calgary.ctvnews.ca/friends-and-family-mourn-man-fatally-shot-by-rcmp-in-gleichen-1.3643126

 


Trial for Killer Cop Simon Beaulieu Hears Cops Should Be Given More Consideration Than “Regular” Citizens

Quebec City police officer Simon Beaulieu drove into and killed Guy Blouin  on September 30, 2014, backing his police vehicle over the victim who was riding a bicycle at the time. We have already documented the base policing assumptions that led Beaulieu to act in the way that he did in killing Blouin (assuming Blouin was suspicious because he was riding the wrong way on a one way street; assuming he had something to hide because he did not obey an order allegedly given to stop, etc.).

On Monday, October 23, 2017, the court heard, during Beaulieu’s trial on charges of criminal negligence and dangerous driving causing death, that as a police officer he “could not be judged on the same level as a regular citizen” (Page 2017). Said Beaulieu’s defense attorney Maxime Roy: “We can imagine that being on patrol requires more manoeuvres than your average person” (quoted in Page 2017). And Roy concluded that Beaulieu was simply “trying to do his job and apprehend a suspect” (Page 2017). Never mind that the so-called suspect was a product of the officer’s authoritarian privilege and did nothing more than ride the wrong way and, the clincher, disobey a police order (which there is no way of knowing was either given or heard).

It is no surprise that police believe they are better than “regular” members of society and should be treated preferentially in all cases. This is a rather common approach to getting killer cops off in the rare cases in which they are actually brought to trial. That it could be confidently uttered as an element of defense in a killing of a civilian who did no wrong shows the nature of the criminal justice system in the Canadian state context.

 

Further Reading

Page, Julia. 2017. “Defence Attorney Calls for Acquittal on all Charges Against Quebec City Police Officer.” CBC News. October 23. http://www.cbc.ca/news/canada/montreal/simon-beaulieu-defence-closing-arguments-1.4367741


Judge Upholds Dismissal of Charges Against Killer Cops Patrick Bulger and Mathieu Boudreau in Michel Vienneau Killing

Constables Patrick Bulger (38) and Mathieu Boudreau (26) had each faced charges of manslaughter with a weapon, assault with a weapon, and unlawfully pointing a firearm for the shooting and killing of businessman Michel Vienneau on January 12, 2015 under highly questionable circumstances. The police had been given an erroneous anonymous “tip” that Vienneau was in possession of drugs when the officers confronted him outside the Bathurst, New Brunswick train station.

On October 20, 2017, Court of Queens Bench Judge Tracey DeWare upheld an earlier court decision dismissing the charges against the two constables. The evidence in the case still remains subject to a publication ban for at least 30 days, unless the ruling is appealed.

In February, provincial court Judge Anne Dugas-Horsman ruled, following a preliminary hearing, that the prosecution failed to produce enough evidence to warrant a trial. The judge dropped charges against the officers. New Brunswick’s Public Prosecutions Services challenged that ruling, arguing that the  the judge failed to consider all relevant evidence.

An RCMP investigation later found that Vienneau was not involved in any criminal activity. A civil lawsuit on behalf of Vienneau’s partner, who was accompanying him at the time he was killed, alleges that his death was caused by police negligence.

This decision is not surprising in the least since the state consistently protects the state in cases of police killings of civilians in Canada.