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Independent Investigations Office

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The Independent Investigations Office ( IIO ) is the civilian oversight agency in British Columbia , Canada responsible for examining and investigating incidents involving on or off duty municipal police officers , Stl’atl’imx Tribal Police Service , Metro Vancouver Transit Police , Royal Canadian Mounted Police officers based in BC , Special Provincial Constables , Special Municipal Constables as well as Auxiliary & Reserve Constables that result in death or serious harm.

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61-650: The IIO was created in September 2012 under the BC Ministry of Justice in response to Braidwood Inquiry recommendations provided to the Government of BC by Justices Braidwood and Davies which indicated the need for an independent province-wide oversight agency to increase transparency and accountability of police oversight for the public. The agency is modeled after the Ontario Special Investigations Unit ,

122-619: A clear recording of what he was shouting but what I have heard in Polish is the beginning … Pol, which could be either policja — in other words calling for police — or pomocy , which in Polish means help". Canada's ambassador in Poland was invited to discuss the incident with officials in Warsaw , and one Polish official stated in the weeks after the incident that "we want the matter clarified and we want those guilty named and punished." On December 12, 2008,

183-500: A confrontation with the police. Historically, medical science and forensic analysis has shown that these deaths are attributable to other factors and not the low-energy electrical discharge of the Taser." Critics, however, point out that "excited delirium" is not recognized in the Diagnostic and Statistical Manual of Mental Disorders and claim that police overuse such so-called conditions as

244-549: A contributory factor of "chronic alcoholism". The airport has also been criticized over the incident, particularly regarding security cameras that were not functioning, no translation services available for communicating with non-English speakers, the airport supervisor's failure to call the airport's own paramedics resulting in a twelve-minute wait for city paramedics to arrive, and for staff not helping Dziekański's mother find her son. Airport security has been roundly criticized for not assisting Dziekański during his many hours in

305-480: A counter, to which Dziekański complied but then he picked up a stapler sometime after being told to place his hands on a counter. Shortly thereafter, about 25 seconds after arriving at the scene, Corporal Robinson ordered the Taser to be used. Constable Millington tasered Dziekański. He began to convulse and was tasered several more times after falling to the ground, where the four officers pinned, handcuffed, and continued to taser him. One eyewitness, who recorded

366-475: A false version of events prior to the public release of the video. He stated that Dziekański "continued to throw things around and yell and scream", after the arrival of the police officers, which was later revealed by the video to be false. Sergeant Lemaitre committed suicide in 2013 due to his involvement in the case, according to his wife, who alleged he was made a pariah and demoted by the RCMP. His wife said Lemaitre

427-546: A matter of convenience. While many psychologists argue that excited delirium is indeed a bona fide but rare condition that can cause sudden death, experts say that delirium (without the "excited" modifier) is a well-known condition, but that it is usually triggered by factors such as drugs or a pronounced mental or physical illness and that it is extremely rare for those afflicted to suddenly die. Toxicology tests found no drugs or alcohol in Dziekański's system. An autopsy for

488-519: A moratorium on Tasers until training and procedures can be developed and implemented to minimize the risks. The human rights group Amnesty International repeated its call for Taser use to be suspended until an independent investigation into the medical and other effects has taken place. Meanwhile, Canada's seventeenth Taser-related death occurred less than a week later when Quilem Registre died after being tasered by police in Montreal . The police and

549-402: A new memory card and kept the original with the video, saying they needed it to preserve the integrity of the investigation. They claimed witness statements would be tainted if they viewed the video evidence before being interviewed by police. Pritchard went to court to obtain the video, which he then released to the media on November 14, 2007; three television outlets paid fees to Pritchard for

610-498: A news conference at the Vancouver International Airport on April 1, 2010. Cisowski accepted the apology, confirmed she had accepted a financial settlement as compensation for her son's death and that she would drop the lawsuit she filed in 2009 against the federal and provincial governments, the airport and the four RCMP officers who fired the Taser at her son. Prior to that apology, Sergeant Tim Shields, who had been

671-457: A special prosecutor to be appointed to investigate the incident, citing concerns of police investigating themselves. The response from law enforcement has been mixed. Law enforcement professionals have featured prominently in the media criticizing the RCMP's handling of the situation and the aftermath. The Ottawa Police , the first Ontario police force to adopt the Taser, held a Taser demonstration for reporters to illustrate their safety. Both

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732-486: A story of shameful conduct by a few officers. It ought not to reflect unfairly on the many thousands of RCMP and other police officers who have, through years of public service, protected our communities and earned a well-deserved reputation for doing so. As there had now been a public inquiry, the Chief Coroner for British Columbia decided against holding an inquest into Dziekański's death. On 29 June 2010 and prodded by

793-483: A substantial likelihood of conviction of the officers in connection with the incident and accordingly criminal charges were not approved. Three of the officers remained on duty elsewhere in Canada, while the supervisor, Corporal Benjamin "Monty" Robinson, resigned from the force on July 20, 2012, prior to a sentencing hearing after being found guilty of obstruction of justice stemming from a vehicle collision that resulted in

854-410: Is a civilian position and the holder is required to have never served as a police officer. The agency itself consists of teams of investigators who may not have served as a police officer within the past five years. The Chief Civilian Director and each of the investigators are peace officers with the same powers as a police officer. Investigators without a criminal investigation background are trained at

915-792: Is also substantial white-collar employment in construction - 681,000 US workers were recorded by the United States Department of Labor as in 'office and administrative support occupations' in May 2021. In 2023, the United States reported that, of the total number of construction workers, 27.7% of workers were Hispanic and around 6.2% were women. The construction industry is a high-hazard sector, encompassing alteration and repair. Workers are exposed to various serious hazards, such as falling debris, unguarded machinery, heavy equipment, electrocutions, silica dust, and asbestos. Thus, construction safety

976-475: Is intended to ensure a safe environment for workers, who are required to be educated on safety at each site. Construction workers must remain vigilant by keeping work areas clear, learning safe lifting techniques, being aware of seasonal hazards, and regularly inspecting all equipment, among other preventive measures. All companies in the United States require workers to have an OSHA ( Occupational Safety and Health Administration ) certification to ensure safety on

1037-816: The Civilian Review and Complaints Commission for the RCMP or the Military Police Complaints Commission . Robert Dzieka%C5%84ski Taser incident#Braidwood Inquiry On October 14, 2007, Robert Dziekański ( Polish pronunciation: [ˈrɔbɛrd d͡ʑɛˈkaj̃skʲi] ), a 40-year old Polish immigrant to Canada , was killed during an arrest at the Vancouver International Airport in Richmond, British Columbia (BC). During customs processing, Dziekański began showing frustration and agitation towards airport staff. When members of

1098-715: The Justice Institute of British Columbia . IIO is a member of the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE). Unlike the SIU or ASIRT, the IIO does not lay charges against those who may have committed an offence. In British Columbia, law enforcement agencies forward their investigative reports to Crown Counsel . If the charges meet the Charge Assessment Guidelines, Crown Counsel will approve

1159-538: The Royal Canadian Mounted Police (RCMP) encountered him in the international reception lounge at the airport, they pinned, handcuffed and used a Taser electroshock weapon on Dziekański multiple times—with accounts suggesting the weapon was used four or five times. Dziekański died at the scene from a heart attack induced by the electrical shocks. Video of the incident was recorded by an eyewitness, Paul Pritchard. The police initially took possession of

1220-629: The Toronto Police and the Royal Newfoundland Constabulary , meanwhile, have put large orders of Tasers for their front-line officers on hold. The Braidwood Inquiry was established by the Government of British Columbia and headed by retired Court of Appeal of British Columbia and Court of Appeal of Yukon Justice Thomas R. Braidwood to "inquire into and report on the use of conducted energy weapons" and to "inquire into and report on

1281-603: The built environment and its infrastructure . By some definitions, construction workers may be engaged in manual labour as unskilled or semi-skilled workers. These workers begin by attending to general tasks such as digging, cleaning, and unloading equipment. As they acquire experience, they start to specialize in areas of roofing, pipefitting, structural work, or carpentry. Over time, some opt to receive certification and undergo formal training to ascend their position. In other words, they may be skilled tradespeople, or they may be supervisory or managerial personnel. Conversely,

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1342-434: The memory card containing the video as evidence, stating it would compromise the investigation if it were released to the public at that time. However, the following month, Pritchard was able to re-obtain the video, and sold it to the press—which brought additional prominence to the case. The final inquiry report, released on June 18, 2010, concluded that the RCMP were not justified in using a taser against Dziekański, and that

1403-516: The Braidwood findings, special prosecutor Richard Peck released an opinion there was sufficient new evidence to reopen the investigation into conduct of the four RCMP officers. The province's Criminal Justice Branch had decided in December 2008 not to charge the officers, saying their use of force was reasonable in the circumstances, but Peck said the inquiry unearthed new evidence and he recommended that

1464-470: The British Columbia Coroner's Service did not determine the cause of death, citing no trauma or disease, but noted that Dziekański had signs of chronic alcohol abuse such as atrophy of a portion of the brain, cardiomyopathy and fatty liver. The report by forensic pathologist Charles Lee, of Vancouver General Hospital , listed the principal cause of death as "sudden death during restraint", with

1525-513: The Canadian investigation was denied with the rationale that forwarding them is not in the best interest of that country. Under the circumstances, in December 2011 the Polish investigation was terminated. Almost two and a half years after the incident, the RCMP issued an apology to Dziekański's mother, Zofia Cisowski. Gary Bass, the RCMP deputy commissioner of the Pacific region formally apologized during

1586-628: The Crown had appealed the verdict. Robinson was then awaiting the verdict in his case, while Rundel's trial was "almost finished" at that point in time. More than ten years after the killing on 30 October 2017, the Supreme Court of Canada dismissed the appeals and affirmed the sentences of both Kwesi Millington, and Benjamin Robinson, both of whom were convicted of perjury. Millington was sentenced to 30 months and Robinson to 2 years. Ministry of Justice of

1647-454: The Inquiry the week of February 23, 2009, and Constable Kwesi Millington testified there the following week. The fourth and supervising RCMP officer, Corporal Benjamin Robinson, testified beginning March 23, 2009. Commissioner Braidwood made criminal allegations against the four Mounties. The Mounties' counsel thought he had no such power and launched a lawsuit in the B.C. Supreme Court ; this

1708-536: The Polish embassy in Ottawa issued a statement stating that the Crown's decision not to charge the RCMP officers was "most disappointing". In February 2009, it was reported that Canada had unilaterally suspended its mutual legal assistance treaty with Poland, thus blocking Poland's own investigation of the Dziekański Taser incident. Canada's then Minister of Public Safety , Stockwell Day , said that he had asked

1769-490: The RCMP for a review on Taser use and that a report was being prepared, and pointed out that several investigations of the incident were already underway. Liberal public safety critic Ujjal Dosanjh said that what was needed was an independent body to conduct a national and public review of the issue, which would lead to national guidelines for Taser use by law enforcement officers. BC New Democratic Party Public Safety Critic and Port Coquitlam MLA Mike Farnworth called for

1830-476: The RCMP officer who fired the Taser on the night Robert Dziekański died eight years previously, was found guilty of perjury and colluding with his fellow officers before testifying at the inquiry into Dziekański's death, and on June 22, 2015, was sentenced to 30 months in prison. The incident has revived debate concerning police use of Tasers . This was the 16th death following the police use of Tasers in Canada since 2003 and civil liberties groups have called for

1891-553: The Republic of Poland Prosecution Service in Gliwice launched their own investigation while assisting Canadian police visiting Poland as part of the Canadian investigation. Polish criminal code allows for the pursuit of foreign nationals suspected of committing crime against the Polish citizens abroad; which could lead to an extradition request. The Prosecution Office forwarded a request for assistance from Canada. The request for documents from

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1952-555: The United Kingdom safety legislation has defined construction workers as people "who work for or under the control of a contractor on a construction site." In Canada, this can include people whose work includes ensuring conformance with building codes and regulations and those who supervise other workers. Construction workers can colloquially be referred to as "hard hat workers" or "hard hats", as they often wear hard hats for safety while working on construction sites. Nevertheless,

2013-480: The airport. Once he became agitated, security guards made little attempt to communicate with him or defuse the situation. The Canada Border Services Agency reported it is reviewing its procedures at airports. The incident has had significant coverage in Poland. The Polish consul general demanded answers about Dziekański's death. Piotr Ogrodziński , the Polish ambassador in Ottawa , stated: "The video does not give us

2074-426: The baggage claim area, but this was a secured area where she was not allowed to enter. At 10:45 p.m., when he attempted to leave the customs hall, he was directed again to secondary immigration as the final processes of his new immigrant papers had not yet been processed. Dziekański's immigration procedures were completed at about 12:15 a.m. on October 14. After 30 minutes in an immigration waiting area, he

2135-602: The charges. Where Crown decides against approving charges against an IIO matter, a "clear statement" is issued by the BC Criminal Justice Branch outlining the reasons of not approving the charges. Complaints that do not involve serious injury or death are not handled by the IIO. These complaints are referred to the appropriate oversight agency, such as the BC Office of the Police Complaint Commissioner,

2196-454: The commission and provided further misleading information about other evidence before the commission. The four officers each sought judicial review to prevent the commission from making findings based on the notices. The petitions were dismissed. Three of the officers appealed and lost. In July 2013 one of the three officers was cleared of perjury. The remaining two officers stood trial in 2014. On February 20, 2015, Constable Kwesi Millington,

2257-589: The death of Mr. Dziekanski." After two delays, the Braidwood Commission began proceedings in February 2008, investigating the circumstances surrounding Dziekański's death. Commission counsel Art Vertlieb said that the involved RCMP officers, Constable Millington, Constable Bentley, Constable Rundel, and Corporal Robinson, would be summoned to appear before the inquiry and could face findings of misconduct. Constable Gerry Rundel and Constable Bill Bentley testified at

2318-465: The death of a 21-year-old Vancouver man. The officers have been subject to criticism, both in the media and in formal proceedings before the Braidwood Commission of Inquiry . The officers were served notices of misconduct by the commission forewarning them the commissioner may include a finding of misconduct in its final report. The warnings allege specific but overlapping grounds for each of

2379-514: The decision not to lay charges should be revisited. All four Mounties were charged with perjury as a result of the Braidwood Inquiry. Their cases were tried separately. On June 22, 2015, Constable Kwesi Millington was sentenced to 30 months for the crime of perjury in his testimony to the Braidwood Inquiry. Justice William Ehrcke said it was "preposterous" that the Mountie claimed Dziekański

2440-571: The end of 2006, 90% of the 40 million construction workers in China were migrant workers . Many turned to work after their farming communities collapsed into poverty. In the United States, illegal immigrant labor is prevalent in the industry. Due to workers' questionable legal status, some employers commit crimes such as wage theft and violation of workplace standards, running little risk of consequences. Similar abuse occurred in Qatar during preparations for

2501-598: The first civilian investigatory oversight agency in Canada. IIO is the 4th investigatory oversight agency of the police after the Special Investigations Unit, the Alberta Serious Incident Response Team and Nova Scotia's Serious Incident Response Team . The agency is based in Surrey , British Columbia and is currently led by Chief Civilian Director Jessica Berglund. The director of the IIO

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2562-409: The four. The collective allegations are that they failed to properly assess and respond to the circumstances in which they found Dziekański. They repeatedly deployed the taser without justification and separately failed to adequately reassess the situation before further deploying it. The notices allege that afterwards they misrepresented facts in notes and statements, furthered the misrepresenting before

2623-516: The head of the Communications Section for the BC RCMP at that time, issued the RCMP's first apology on the case on April 21, 2009, for inaccuracies in the RCMP's public statements and communications and admitted that errors had been made. This was the first apology given by the RCMP. Construction worker A construction worker is a worker employed in the physical construction of

2684-408: The incident led to charges that they misrepresented the facts. The BC Civil Liberties Association filed a complaint in 2007 arguing that the evidence shows that the Taser was not used as a last resort and condemning the RCMP for its attempt to suppress the video and for casting aspersions on the character of Dziekański. An RCMP spokesman, Sergeant Pierre Lemaitre, was heavily criticized for providing

2745-448: The incident on her cellphone, told CBC News that Dziekański had been tasered four times. "The third and fourth ones were at the same time" delivered by the officers at Dziekański's right and left, just before Dziekański fell. According to BC Crown counsel spokesman Stan Lowe, Dziekański was tasered a total of five times. Constable Millington testified that he deployed the Taser four times, but he believed that in some of those instances

2806-481: The manufacturer have claimed that such deaths are the result of pre-existing medical conditions, not the electrical shock of the Taser. In the Vancouver case, police have suggested that Dziekański died from a condition described as " excited delirium ." A statement from TASER International , the company that makes the weapon, asserts that Dziekański's death "appears to follow the pattern of many in-custody deaths following

2867-582: The officers later deliberately misrepresented their actions to investigators. The four officers involved were charged with perjury and in 2015, two of the defendants were cleared of all charges while the remaining two were sentenced to twenty-four to thirty months in prison. Robert Dziekański was a construction worker by trade, but had also worked as a miner. He was in the process of emigrating from Gliwice , Poland , to live with his mother, Zofia Cisowski, in Kamloops , British Columbia . Dziekański's flight

2928-400: The one-way doors between a customs clearing area and a public lounge and at one point threw a computer and a small table to the floor before the police arrived. Four RCMP officers, constables Gerry Rundel, Bill Bentley, Kwesi Millington, and a supervisor, Corporal Benjamin Robinson, arrived and entered the customs room where Dziekański was pacing about. They apparently directed him to stand near

2989-402: The police and he did not see why it became a police incident. Particularly contentious is that the RCMP officers made no attempt to defuse or gain control of the situation before resorting to the Taser. In August 2007, before Dziekański's death, RCMP changed its protocol on Taser use, suggesting that multiple Taser shocks may be appropriate under certain circumstances. The RCMP's handling of

3050-494: The probes may not have contacted Dziekański's body. Dziekański writhed and screamed before he stopped moving. Corporal Robinson stated he then checked for a pulse, but his heart had stopped. Testimony from the other RCMP officers stated they never saw anyone, including Robinson, check for a pulse. Dziekański did not receive CPR until paramedics arrived on the scene approximately 15 minutes later. Paramedics attempted resuscitation for 20 minutes; they were unable to revive him, and he

3111-436: The right to broadcast the video. After the video was made available, an RCMP spokesperson cautioned the public to reserve judgment about the police because the video represented "just one small piece of evidence, one person's view." Before the video was released, the RCMP repeatedly claimed that only three officers were at the scene. There were actually four. The RCMP also said that they did not use pepper spray because of

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3172-436: The risk it would have posed to bystanders. The video, however, suggested the incident occurred in an area separated from bystanders by a glass wall. The incident occurred inside the international arrivals area, which is separated by glass. Those waiting to greet arriving international passengers could view the area from the waiting lounge on the other side of the glass. An RCMP spokesperson stated that batons were not used, which

3233-543: The term is a broad and generic one and most construction workers are primarily described by the specific level and type of work they perform. Laborers comprise a large grouping in most national construction industries. In the United States, for example, in May 2021, the construction sector employed just over 7.5 million people, of whom just over 820,000 were laborers, while 573,000 were carpenters , 508,000 were electricians , 258,000 were equipment operators and 230,000 were construction managers. Like most business sectors, there

3294-464: The worksite. In many cases, OSHA inspectors visit worksites to ensure that all safety protocols are in place to protect workers. Employers are also required by law to have an OSHA job safety poster. In 2008, a Human Rights Watch report described unsafe and unfair working conditions in China and a failure on the part of the government to enforce labor standards in the construction industry. The International Labour Organization (ILO) estimated that, at

3355-406: Was contradicted by the video. The RCMP officers involved in the Dziekański death, constables Gerry Rundel, Bill Bentley, Kwesi Millington, and supervisor Corporal Benjamin Robinson, have been widely criticized for their handling of the incident. A retired Vancouver Police superintendent commented after viewing the video that Dziekański did not appear to be making "any threatening gestures" towards

3416-523: Was merely providing the facts he was given, and was prevented from correcting his public statements after he found out the truth. On December 12, 2008, the Criminal Justice Branch of British Columbia issued a statement, finding that although the RCMP officers' efforts to restrain Dziekański were a contributing cause of his death, the force they used to subdue and restrain him was reasonable and necessary in all circumstances; thus there would not be

3477-469: Was pronounced dead at the scene. In 2013, the BC Coroners Service ruled the death to be a homicide , citing a heart attack caused by the repeated jolts. The entire event was recorded by Paul Pritchard, another traveler who was at the airport. Pritchard handed his camera and the video to police who told him that they would return the video within 48 hours. Instead, they returned the camera with

3538-463: Was standing while he was stunned a second time, when it's clear from bystander video that Dziekański was already on the ground. In his ruling, Ehrcke said "The Crown has proven beyond a reasonable doubt that Constable Millington gave oral evidence under oath which he knew at the time to be false, and he did so with the intention to mislead the inquiry." Constable Bill Bentley was cleared of similar charges by Justice Mark McEwan , but as of June 22, 2015

3599-499: Was taken to the international arrivals reception area. Cisowski had been making enquiries of airport staff since the early afternoon. Airport staff told her Dziekański was not at the airport and she had returned to Kamloops at about 10 p.m., believing her son had missed his flight. When Dziekański left the customs hall, he became visibly agitated. Bystanders and airport security guards were unable to communicate with him because he did not speak English. He used chairs to prop open

3660-460: Was two hours late, and arrived at about 3:15 p.m on October 13, 2007. According to official sources, Dziekański required language support to complete initial customs formalities. After he completed initial immigration processing, his whereabouts between 4:00 p.m. and about 10:45 p.m. remain unclear, though at various points he was seen around the baggage carousels . Dziekański's mother, Zofia Cisowski, had told him to wait for her at

3721-411: Was ultimately unsuccessful. On 18 June 2010 the long-awaited Braidwood report was released. It concluded the RCMP were not justified in using the Taser, and that the officers later deliberately misrepresented their actions to investigators. Braidwood said he would leave any further questions about possible charges against the officers for the Crown to decide, and added: This tragic case is at its heart

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