VANCOUVER - The inquiry looking into the death of Robert Dziekanski would be within its mandate to consider a finding of misconduct against four RCMP officers, a B.C. Supreme Court Justice ruled today.
It means lawyers for the RCMP officers involved have failed in their attempt to convince the court the Braidwood Inquiry could be stepping outside its boundaries.
And it paves the way, pending an appeal, for closing arguments in the high profile inquiry into Dziekanski's October 2007 death to begin as scheduled on Friday.
Lawyers for the four RCMP officers had argued the inquiry, created under provincial legislation, could have been going beyond its jurisdiction since the officers are federal police.
And they argued the inquiry could potentially come perilously close to making findings of criminal liability for the officers' actions.
But B.C. Supreme Court Justice Arne Silverman ruled the inquiry - which is permitted to allege misconduct under its terms of reference - is acting within its mandate.
And he ruled any potential misconduct allegations would fall far short of a judgement of criminal liability against the officers.
Lawyers for the RCMP officers declined to speak with reporters after today's decision.
Commission counsel Art Vertlieb said the decision will allow the inquiry to get on with its work.
"We will be ready to go on Friday, starting on schedule," he said, anticipating the start of closing arguments.
Irwin Loy reports for Vancouver 24 hours.
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Running Frog
2 years ago
Taser or Systemic Misconduct?!
The video sure says it all.. Or does it?
Does it show the inadequate taser provided to the staff? Does it show the inadequate training provided to the staff? Does it show the inadequate quality control provided for the taser involved?
Do these employees look confident to take on what should have been an otherwise straight forward task?
NOPE.
Were they all pumped up to do their time, and reap the rewards?
YUP.
So basically, who is guilty again? I think it's called "low cost safety"; provided by who else but the "trusty" BC Liberals.
Is this the quality of care and or safety that you had voted for? I don't think so!
*Good luck with that.
dorothy
2 years ago
somewhere, somehow, at some point,...
"So basically, who is guilty again? I think it's called "low cost safety"; provided by who else but the "trusty" BC Liberals."
OK, so, given that your claims may have some merit, where does the obligation of a professional - any kind of professional, begin to go beyond being an underdog and a drone and do 'the best' with whatever crap one has been handed, keep the game going from paycheque to paycheque, instead of calling the bluff, exposing the pretense, and calling a spade a spade? It is irrevocably and tragically too late, when someone is already dead, who was never given any input into those choices, but had no other option than to trust his fellow man to do more than hobble along dispensing garbage instead of picking it up as the job description reads.
Quis custodiet ipsos custodes? or, all it takes for evil to prevail is for good people to do nothing. We can and should demand of people whom we trust to wield
deadly force when needed, that they have thought through their criteria and their standards and made sure their tool box is in order, as well as raised Hel if they were denied proper gear.
sunshine coast girl
2 years ago
Way to go BC Supreme Court...
It's called accountability. Are you listening, RCMP brass?
Jeffrey J.
2 years ago
Blame the Worker, Not the Employer
When it comes to investigations, most employers will be pleased when fault can be assessed against their workers, rather themselves. BC Ferries is a perfect example of this "new" management technique. Blame the staff (a few bad apples etc) but not the boss, even though the sinking of the ferry killing two was obviously linked to management and training failures.
While the RCMP haven't demonized their constables to that extent, when push comes to shove, it will be the constables who are at risk if the brass are threatened.
Like the BC Ferries strategy, the real culprit here is management. Who has the power to change the RCMP; who has control; who is ultimately in charge. All point to management. Here's hoping that the Justice examining this critical issue has the courage to identify the origins of the systemic problems.
dorothy
2 years ago
Just where does it stop?
"...even though the sinking of the ferry killing two was obviously linked to management and training failures."
Yes, things may be 'linked to' poor management and crummy training. But we have no other recourse than to lay it on the people, whose hands are on the tiller, to cry foul when they are not being equipped properly. The time to demand better is BEFORE things go terribly wrong. If you didn't speak up, you are part of the problem. It is where the rubber hits the road that the pains can be felt. Management don't know squat about doing the job. They are often hoodwinked by middle management, who want to make the bottom line scream, so they can look good. Why do you folks think we have a whistleblower protection law? One thing, though, if you do blow it, you have better have done your homework. It's all about credibility. A so-called responsible adult, who goes along and then thinks there is a 'safe spot' in blaming management after the fact has zero of said commodity in my book. That's what the commandant in Auschwitz tried to do.
This is the hard part of public service. Ask the lady who closed Cahlk River and were given the boot. Truth is, she did right. We, the oblivious public had nobody other than her to stand between us and possible catastrophe. This is part of the complex issues of public servants being 'overpaid' in many people's view, and why they do not have the luxury of shirking responsibility, even if they think it may hurt. You don't want to be on the spot? you could consider working for Walmart, or anywhere, where your job is cut out in cardboard, understandable even if you can't read. Then you have the right to claim that you thought Father knew best, and you didn't think it wise to rock the boat. But of course it's less prestigious. Can't have both.