DEPUTATION By Miguel Avila RE: Annual Report 2011 Use of Conducted Energy Weapons (CEW) May 18, 2012

Dear TORONTO POLICE SERVICES BOARD :

C.E.W stands for Conducted Energy Weapons or known better as Taser Guns, Taser guns have been linked to hundreds of deaths worldwide ; The U.S. Department of Justice documented 63 Taser-related deaths in 2003. All fatalities may be described as accidental because Tasers have been designed for nonlethal force. Tasers are not drawn to kill, intentionally. American cardiologists Byron Lee and Zian Tseng indicate that aiming the charge too close to the heart leads to cardiac arrest and death. "The Taser shoots pulses several times per second. Those pulses can actually overtake the heart and cause a heart rate that's 250 to 300 beats per minute," . Such accidental death occurred in British Columbia , Robert Dziekanskis death is attribute to the
over use of the taser guns that lead to his death and so far 18 Canadians have died because of the application of tasers by Police Forces in Canada. I dont expect this number to lower but rather to climb higher and higher.

According to the report presented to the board by Mr Federico, is a matter of interest to learn the following : CEWs are most effective when used in full deployment because this promotes neuromuscular incapacitation and gives officers the opportunity to secure the subject with handcuffs. ---IMPORTANT ---Continuing the next sentence...However, since the conducting wires are fragile, contact during full deployment can be broken allowing the subject to break free so officers might have to resort to drive stun mode to maintain control of the subject. In cases where full deployment and drive stun were used in combination, the number was recorded as a full deployment. For the record last month in California it was reported that a serious incident occurred when a Homeless and Schizophrenic individual was tasered and hit several times, this individual was not resisting to the arrest but died as the result of the combination of either Stunt and Full Deployment along with blows to the body or rather quoting the report wording Empty Hand Strikes as such is also consistent with the information provided today : ..If the subject struggles against being handcuffed, continued or renewed application of the current may be considered by officers until the subject is secured. So here is the dilemma what if T.P.S officers apply more than 4 or 5 times full discharge of power on a persons body or / and additional baton hits, or other means of force.. and the individual dies as a result of , there are two legal cases in 2008 and 2009 may be the overused of taser guns by the T.P.S? Are you dear Board Member going to say the T.P.S acted in according to the manufacturer recommendations?

Remember dear board member Miguel warned you today, Please do not to use C.E.Ws on People with Mental Illnesses. The T.P.S has in their arsenal of weapons the TASER X-26s and deployed in a variety of mental health issues calls. The use of the X-26 is at the discretion of an officers perception is based on their experience, knowledge and training which is under 8 hours. -----------------------------------------------------------------------------------------------------------------According to the report is it suggested to inform the board the use of the X-26 by the T.P.S in several categories described: Emotionally Disturbed Person Subjects identified as being emotionally disturbed include those perceived to be suffering from a mental disorder or emotional distress and includes persons in crisis. A person in crisis is defined as a person who suffers a temporary breakdown of coping skills, but remains in touch with reality. In the case of emotionally disturbed individuals, that number has increases to 41.9%, when incidents involving persons who are perceived to be suffering from the combined effects of emotional disturbance/mental disorder and alcohol and or drugs are included. Out of 222 incidents, 93 involved subjects described as emotionally disturbed or emotionally disturbed and under the influence of drugs and or alcohol. However, to conclude that CEWs are used primarily on persons with a mental disorder would be a mistake because less than 30% of the incidents involved subjects who were deemed suitable for apprehension under the Mental Health Act (MHA). Mental Health Act Apprehension
This indicates that the subject was apprehended under the MHA and transported to a psychiatric facility for assessment. Out of 222 incidents, 61 or 27.5% resulted in apprehensions under the MHA.

The data does not capture the results of the assessment and so further caution is warranted against concluding that those apprehended were, in fact, suffering from a mental disorder at the Time. Finally, it must be remembered that the CEW was only used in response to the subjects behavior and not because of the subjects condition. --------------------------------------------------------------------------------------------------------------------Also it is noted in todays report that individuals, who are heavy influenced by Drugs and Alcohol tolerance to the Pain inflicted by the C.E.Ws is observed according to the report.. I am quite intrigued to read on the report the use additional force options such as the baton, OC spray and empty hand strikes, to rely on the infliction of pain to gain control of the subject, I am not sure what the definition of Empty Hand Strikes means?? Most of the time we learned from people who have been assaulted by T.P.S officers is of the use of FIST hands inflicting pain and harm to the public.. I would like Mr Federico to give me a demonstration of an Empty Hand Strike how does it look like? Is a slap, a Kung Fu technique or a fist hand???

It is also of interest the comments made by Chief Blair to the Media in relation to the use of Taser Guns in dealing with people with Mental Illnesses. Quoting Mr Blair, by having officers use
tasers with those who are mentally ill, it may help solve potentially dangerous situations in a safe manner Unquttoing his remarks.. I totally disagree Mr. Blair recommendations , If you remember last April 19 2012, Several Toronto Taxpayers were here to tell the Board --- there are other alternatives including : 1.- Increase training of your officers to use de-escalation techniques rather than to resource to the use of extreme force and weapons.. 2.- Mr. Sewels recommendation to this board suggest sending former psychiatric patients with police officers on radio calls to help them diffuse situations involving the mentally ill. 3.- My own suggestion calls for the transfer of funds received by the Province to the T.A.V.I.S program it was reported that $10 million dollars in addition to the program budget has been allocated to increase the number of T.P.S officers, I suggest this board revert that money into hiring more NURSES to increase the number of M.I.C U in the City of Toronto and Shifts to cover 24 hours 7 Days per year.

In closing , Perhaps the public and the Media, should be invited to attend a live demo, of a C.E.W device in both -- Full Deployment or /and Drive Stunt Mode to definitely put to rest the myth is harmless when apply to the public, we have among us Elected Officials, Toronto Citizens who represent the interest of the public and who better than them to be invited in to be test material of the C.E.Ws. If they survive the test well my hat off to the makers of the C.E.Ws and if they dont then is time to call a municipal by-election..

Yours Truly,

Miguel Avila Ward 28

Last Month Board Decisions: THAT the Board receive the report from Chief Blair and the presentations provided by Deputy Chief Federico and Ms. Capponi; 2. THAT the Board receive the deputations and the written submissions and that copies be forwarded to the Chief of Police and the Boards Mental Health SubCommittee for review and any comments or recommendations be provided to the Board, if appropriate; and contd 3. THAT the Board request the Chief of Police to review our model of how police officers/dispatchers respond to people suffering mental illness, this review is to include: a) review of successful models globally; b) consultation with stakeholders; and c) consultation with academia and medical practitioners.