News Release

RCMP Taser use on handcuffed 15-year-old female not justified

December 11, 2009

Yellowknife, NWT – The Commission for Public Complaints Against the RCMP (CPC) has finalized a public interest investigation into the use of a Taser (Conducted Energy Weapon) by an RCMP member on a restrained, handcuffed 15-year-old female at the Arctic Tern Young Offenders Facility in Inuvik, Northwest Territories on March 13, 2007.

The CPC investigation was launched on November 28, 2008 after the case came to the attention of CPC Chair Paul E. Kennedy. Additionally, the investigation sought to determine whether the RCMP members involved in the investigation of this incident conducted an investigation that was adequate and free of actual or perceived conflict of interest.

The incident

On March 13, 2007, the Inuvik RCMP Detachment was contacted to attend the Arctic Tern Youth Facility in response to a call from Facility staff for assistance in dealing with a juvenile female inmate. When the Constable entered the room at the Facility there were five youth officers present, three of whom had hands-on control of Miss X. She was lying face down with her hands cuffed behind her back. Prior to the Constable's arrival, the youth officers had told Miss X that they wanted her to proceed to the segregation area but she refused to cooperate. Miss X swore at them and at the Constable and told them she would not go to segregation.

The Constable warned Miss X three or more times that if she did not comply with the direction to proceed to the segregation area she would use a Taser which would apply 50,000 volts of electricity. Miss X repeatedly stated that she would not cooperate, continued to swear at the Constable and told her to go ahead and use the Taser. Finally, the Constable deployed the Taser for a full five-second cycle causing Miss X to cooperate.

Investigation findings

• The Constable deployed the Taser against Miss X when it was unreasonable to do so.
• The Constable was not certified to deploy a Taser—her qualifications had expired.

With respect to the RCMP's handling of Miss X's mother's complaint:

• The RCMP's handling of Miss X's mother's complaint was deficient in its management, timeliness and the adequacy of the investigation, such that it leads to a strong perception of bias. Moreover, attempts to informally resolve the complaint, and the failure to properly document it were contrary to RCMP policy.

Recommendations

Based on the public investigation findings, CPC Chair Paul E. Kennedy has made 14 recommendations, ranging from individual remedial measures to address the specific RCMP members involved in both the incident and the subsequent investigation through to broader policy and procedural enhancements to address deficiencies at the detachment, divisional and national level. It is hoped that the RCMP will act on these recommendations.

This public interest investigation revealed that many of the identified deficiencies paralleled the systemic concerns addressed in broad-scale analyses of RCMP processes, policies and conduct recently undertaken by the Commission and published on the Commission's website—complaintscommission.ca. In fact, this incident is a compelling case which ought to cause the RCMP itself to be concerned and take action.

Specifically, the rationale for the use of the Taser as articulated by both the Constable and her superiors, confirm the conclusions made in the Commission's Final Report on the RCMP Use of the Conducted Energy Weapon (CEW). Most important among those conclusions, as they relate to this case, was the need for the RCMP to clarify to its members and to the public when it is permissible to deploy the Taser. It is clear that confusion in this area continues to reign.

Conclusion

"The RCMP has reached a crossroads in its development as a policing agency," said CPC Chair Paul E. Kennedy. "How it responds to the challenges to its reputation as a world-renowned agency will be determined not by statements confirming an understanding that these challenges exist but by embracing a philosophy of change and by making a concerted effort to implement that philosophy."

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To view the full report, visit the Commissions website.

For more information, please contact
Jamie Robertson
Manager, Outreach
613-219-4595
jamierobertson@post.com