Report Following a Public Interest Investigation into a Chair-Initiated Complaint Respecting the Death in RCMP Custody of Mr. Robert Dziekanski
PDF Version [5.35 MB]
Mr. Robert Dziekanski died while in the custody of members of the Royal Canadian Mounted Police (RCMP) in the early morning hours of October 14, 2007, in the international arrivals area of the Vancouver International Airport (YVR). The circumstances leading to the death of Mr. Dziekanski have resulted in great pain and sorrow for his family and in great public interest and concern.
Public comment and discussion focused on the nature of the interaction between Mr. Dziekanski and the RCMP members, including whether the RCMP members adhered to policy and whether that policy was reasonable. The nature of the CEW as a weapon, training provided to RCMP members in its use, and the specific use of the CEW by the responding RCMP members during the YVR incident played a prominent role in the ensuing review by the Commission for Public Complaints Against the RCMP (CPC or Commission).2
I was, and am, of the view that this incident required examination by the Commission, a neutral and dispassionate third party, to address not only the conduct of the RCMP members involved, but also the issues of adherence to and adequacy of existing RCMP policy and training. As Chair of the Commission, therefore, on November 8, 2007, I initiated a complaint to delve into the two aspects of the incident which are within the jurisdiction of the Commission, those being the appropriateness of the response by the RCMP to the complaints concerning Mr. Dziekanski's behaviour at YVR, and the police investigation of the death of Mr. Dziekanski.3
An issue inextricably linked to the incident is the use of a conducted energy weapon (CEW), also known as a TASER®, by an RCMP member during the arrest of Mr. Dziekanski. The CEW is a prohibited firearm pursuant to the regulations under the Criminal Code of Canada.4 Debate pertaining to the overall appropriateness of the use of CEWs by police had been ongoing for some time prior to the YVR incident (and has been previously commented on by the Commission as indicated below), but this particular use of a CEW focused considerable attention and scrutiny on appropriate CEW usage and the nature of the CEW as a weapon.
Separately, on November 20, 2007, the Minister of Public Safety, the Honourable Stockwell Day, requested that the Commission ... review the RCMP's protocols on the use of CEWs and their implementation, including compliance with such protocols and provide an interim report by December 12, 2007.
Background
The following sets out an overview of the events leading to the death of Mr. Dziekanski and provides a factual backdrop to the incident.
The issues surrounding the incident itself as well as a discussion and analysis of relevant policies, training and other conduct and related issues will be discussed in depth in the body of this report. Additionally, further detail may be found in the appendices attached to this report. While most observers are by now familiar with the incident, a brief summary bears repeating for the purposes of this report.
Mr. Robert Dziekanski, then a 40-year-old Polish immigrant intending to join his mother, Ms. Helena Zofia Cisowski, in Canada died early in the morning of October 14, 2007 at YVR while in the custody of members of the RCMP.
Mr. Dziekanski departed from Katowice, Poland on Saturday, October 13, 2007 at 6:20 a.m. (Central European Time) on Lufthansa Airlines flight 3297. He arrived at 7:55 a.m., approximately one hour and thirty five minutes later, in Frankfurt, Germany (Central European Time).
Mr. Dziekanski departed from Frankfurt, Germany on Saturday, October 13, 2007 at 12:15 p.m. (Central European Time) on Condor Air flight 6070. Condor Air flight 6070 arrived in Vancouver at 3:12 p.m. on Saturday, October 13, 2007. This equates to 00:12 a.m. Central European Time on Sunday, October 14, 2007.
By the time he arrived in Vancouver, Mr. Dziekanski had been travelling for a total of almost 18 hours, not including the time since he awoke and travelled to the airport in Katowice, Poland.
Persons coming into Canada pass through a two-stage process when clearing Canada Customs and Immigration requirements. The first is a Primary Inspection Line (PIL), at which the person seeking to enter Canada is asked preliminary questions by an officer of the Canada Border Services Agency (CBSA). If the CBSA officer determines that the traveller requires further review, either from the perspective of Customs or Immigration requirements, that officer will refer the traveller for a secondary inspection. Mr. Dziekanski was referred to the secondary area.
Overall security of the airport is the responsibility of the Vancouver Airport Authority, which employs private security personnel to patrol the airport grounds. Pursuant to agreements involving the Province of British Columbia, the City of Richmond and the Greater Vancouver Airport Authority, the policing of the airport and surrounding City of Richmond is the responsibility of the RCMP pursuant to the terms and conditions of the Municipal Policing Supplemental Agreement for British Columbia – Vancouver International Airport.5
Both CBSA and YVR employee witnesses indicated to RCMP investigators that Mr. Dziekanski was perspiring heavily when he appeared at the PIL. No CBSA official nor any YVR employee in the area appears to have taken any action to either assist Mr. Dziekanski or attempt to determine the cause of his physical state at that time. It should be noted that the CBSA has conducted its own investigation with respect to the conduct of its officers. These issues are also within the purview of the Braidwood Commission (explained below).6
For reasons unknown, Mr. Dziekanski opted to remain in the secure area of YVR international arrivals for almost six and a half hours. He did not seek assistance from, and he was apparently not noticed by CBSA officers or YVR staff during the intervening time.
At approximately 10:30 p.m. on Saturday, October 13, 2007, Mr. Dziekanski approached the Canada Customs Secondary Inspection point, at which time he received assistance from CBSA officials to locate his baggage in the unclaimed luggage area of the secure facility, cleared Customs and was directed to the Canada Immigration office. He was processed as an immigrant and admitted to Canada at approximately 00:45 a.m. on Sunday, October 14, 2007. At that point he was free to leave the airport and enter Canada. While being processed at the CBSA secondary examination, however, Mr. Dziekanski was provided with several glasses of water by CBSA officials.
Because video surveillance footage, as it existed at that time, did not capture much of this area, for the most part, Mr. Dziekanski's movements cannot be tracked during that six-and-a-half-hour period. The secure area in which Mr. Dziekanski remained for the duration of this time contains luggage carrousels, baggage counters and seating areas, as well as the secondary examination areas for Canada Customs and Immigration.
Mr. Dziekanski was noted on YVR video surveillance cameras to have exited the secure area of the international arrivals area, waited for a short time in the public waiting area, then gained re-entry to the secure side of the international arrivals area.
Attached to this report as Appendix G is a chart, posted in December 2007 on the website of the Vancouver Airport Authority,7 which illustrates the area involved and provides an overview of some of the changes made by the airport in the wake of the death of Mr. Dziekanski. The incident involving Mr. Dziekanski took place at the point leading from the international arrivals passenger service area to the public greeting area.
Other Interests
I note at the outset and recognize that interests and entities in addition to the Commission have an ongoing interest in these issues and events. The Government of British Columbia has created what has commonly been referred to as the Braidwood Inquiry to examine the death of Mr. Dziekanski and its effects.
In addition, the British Columbia Civil Liberties Association (BCCLA) has lodged two complaints with the Commission.8
Finally, I will make reference in this report to the Independent Observer Program. This is an initiative arranged between this Commission and the Commanding Officer of RCMP "E" Division (British Columbia), whereby Commission staff are assigned to observe and assess the impartiality (not the adequacy) of RCMP investigations which examined the conduct of RCMP members who are involved in high-profile and serious incidents, such as in-custody deaths.9
Summary of Findings and Recommendations
My findings and recommendations, with a commensurate explanation for each, are set out in the body of this report. A summary is located at Appendix Y.
1 This report has been prepared in reliance on the RCMP's assurance that all relevant documentation has been disclosed to the Commission.
2 For a discussion of the ongoing concern with respect to the use of CEWs, please see the report RCMP Use of the Conducted Energy Weapon, available at CPC web site.
3 See Appendix A for a copy of the Chair-initiated complaint.
4 S.2 & Schedule 1, Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, SOR/98-462.
5 Clause 2.1 of the Richmond Municipal Police Unit Agreement Supplemental – Vancouver International Airport, dated April 1, 1997.
6 See also Appendices B and E for further details on the Braidwood Commission.
7 News Release, YVR IMPLEMENTS IMMEDIATE CHANGES TO IMPROVE SERVICE December 7, 2007
8 See Appendix B and Appendix C for further details.
9 Further detail on the mandate of the Independent Observer during the YVR investigation may be found at Appendix B. Further information on the Independent Observer Program and the role and findings of the Independent Observer in this matter may be found at Appendix F of this report.