Halifax judge slams police for using Taser on teen girl
Last Updated: Wednesday, January 30, 2008 | 10:01 AM AT
CBC News
A Halifax Youth Court judge criticized three police officers Tuesday for their arrest of a teenage girl, who was tackled in her own bed and shocked twice with a stun gun last February.
"The spectacle of a 17-year-old girl being Tasered in her bedroom is a very disturbing and disconcerting one," Halifax Youth Court Judge Anne Derrick said in her ruling on the charges of resisting arrest and assaulting a police officer.
"I find the police acted outside the scope of their authority in arresting [the girl] and that she was entitled to resist and committed no offence in doing so, and I acquit her of the charges before the court."
Derrick also found that the police escalated the situation leading to the arrest.
The teenager, whose identity is protected by the Youth Criminal Justice Act, testified at trial that being struck by the jolt from the Taser felt like having a "burning, open cut."
Outside court Tuesday, the teen — now 18 with a three-week-old daughter — said she plans to file a complaint with police and may sue as well.
Halifax Regional Police spokesman Const. Jeff Carr said if a complaint is filed, an investigation will be conducted into the case.
The girl's mother called police to the home when the girl threatened to cause property damage, the court heard. The girl was calm when police arrived, but became agitated as they tried to remove her from the house. The altercation began when the officers decided to arrest her.
Three constables — Phillip MacKenzie, Tara Doiron and Brendan Harvey — responded to the call.
The use of Taser guns by police is under review in Nova Scotia after the death of 45-year-old Howard Hyde on Nov. 22. Hyde, of Dartmouth, suffered from schizophrenia. He was shocked twice with a Taser gun about 30 hours before he died in custody.
The first phase of the review is expected to be completed by the end of February.
