RCMP defend Taser use on girl, 16
Force used was 'justified, and necessary' to subdue teenager
Last Updated: Wednesday, November 4, 2009 | 6:53 PM CT
By James Turner, CBC News
A Manitoba teen girl's scars, which she says are a result of being struck with a Taser by police. (Winnipeg Free Press)A Selkirk, Man., RCMP officer denies any wrongdoing in the case of a teenage girl who says she was injured with a Taser while in police custody two years ago.
The incident, and a resulting lawsuit by the girl against the RCMP, the City of Selkirk, the province and the federal justice minister, have raised concerns about the use of Tasers by police on minors.
In a statement of defence obtained by CBC News on Wednesday, Const. Roger Gavel asks Manitoba Court of Queen's Bench to throw out the lawsuit, saying the use of the stun gun on the girl was legitimate.
"The actions of the RCMP members … were justified, and necessary, in the circumstances," the documents said.
Gavel's defence — written by a lawyer from the federal Department of Justice — was filed on Oct. 14.
The girl, who was 16 when taken to the Selkirk RCMP detachment on Nov. 3, 2007, is seeking an unspecified amount of financial damages for physical and emotional trauma. She cannot be named because of provisions in the Youth Criminal Justice Act.
The teenager was taken into custody after she and some friends were found drunk in her parents' van, which her mother had reported stolen.
In her statement of claim, the girl says she was put in a cell by several officers, and after punching or shoving one of them, was allegedly shoved onto the floor, knelt on by four officers, and hit with a stun gun in her thighs three times.
In the documents, Gavel admits that a stun gun was used, but only after "it became necessary to physically restrain [the girl, and] fit her with a spit mask."
Contrary to the girl's claims of being shocked numerous times, the documents said the Taser was "successfully applied" only once to the inside of the girl's thigh.
"[She] neither requested, nor presented as requiring, medical attention," the documents said.
The girl was only being held at the detachment at the request of her mother, who refused to come and take her home, the documents said.
No criminal charges were ever laid in connection to the stolen vehicle complaint, and no trial date for the lawsuit to be heard in court has been set.
Gavel and the attorney general claim powers granted them under the Intoxicated Persons Detention Act afforded them the authority to use force in this case.
Taser use on kids
After the lawsuit was filed, the teen's lawyer, Katherine Dunn, called for a moratorium on the use of stun guns on minors.
"There doesn’t seem to be any reason being brought forward why they’re not placing a moratorium on the use of Tasers against anyone, and particular, young people," Dunn told CBC News. "Because there has been incidents of deaths as a result of the use of Tasers," she said.
In early February, Ontario's child advocate called for the Ontario Provincial Police to stop using the devices after a 14-year-old girl with fetal alcohol syndrome was shocked while in police custody in Sioux Lookout, Ont.
Youth and justice advocates in the Northwest Territories quickly followed suit in their criticism of the practice.
In July, 2008, 17-year-old Michael Langan died after police used a stun gun on him in a central Winnipeg alleyway.
With file from The Canadian PressShare Tools
Latest Manitoba News Headlines
- 2 NDP MPs back final Commons vote to kill gun registry
- Two NDP MPs broke party ranks to vote with the government in the final House of Commons vote on scrapping the long-gun registry. more »
- Off-road vehicle ban in Winnipeg gets support
- It looks like snowmobilers and ATVers Winnipeg will have to find new places to ride later this year. more »
- SCENE | Film featuring HBC archival video premieres
- Nitrate Treasures, a new movie that offers a new look at restored archival Hudson's Bay Company footage, premiers Wednesday night at the Cinematheque. more »
- No charges for Mountie in God's Lake shooting
- No criminal charges will be laid against an RCMP officer who shot and killed a man on a northern Manitoba First Nation last year. more »
Top News Headlines
- Tories move to curb 'bogus' refugees
- The Conservative government is poised to change the refugee system yet again in an attempt to deter what it considers "bogus" claimants, CBC News has learned. more »
- Children of immigrants challenged at school, home
- By 2016, foreign-born youth and Canadian-born youth from immigrant families will make up a quarter of the country's population, according to predictions by the Canadian Council on Social Development. As their numbers grow, more attention is being paid to their successes and failures. more »
- 2 NDP MPs back final Commons vote to kill gun registry
- Two NDP MPs broke party ranks to vote with the government in the final House of Commons vote on scrapping the long-gun registry. more »
- B.C. house party trial hears from tearful teens
- Two teenagers cried as they testified at the trial of a B.C. woman who was charged after a teen died while her son was hosting a party at her house in 2008. more »
- Northwestern Ontario man stabbed to death in Winnipeg
- Vic Toews attacked by anonymous Twitter account
- Petition calls for renaming Disraeli bridge for crash victim
- Brandon newcomers struggle with separation from families
- PETA wants roadside memorial for dead cows
- Sexual assault suspect sought by Winnipeg police
- Electric cars can handle Canadian winter
- Mayor hits bump trying to reduce school zone speeds
- Off-road vehicle ban in Winnipeg gets support

