Taser International challenges Braidwood findings
Last Updated: Friday, August 14, 2009 | 3:52 PM ET
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The Advanced Taser M26, manufactured by Taser International, is one of two types of stun guns used by police forces. (Jim Slosiarek/Canadian Press) The manufacturer of Taser stun guns has launched a legal challenge to quash the recent recommendations of the Braidwood Inquiry to restrict police use of the conducted-energy weapons.
In its petition filed in B.C. Supreme Court on Friday, Taser International argues that inquiry commissioner Thomas Braidwood missed or ignored key pieces of evidence concerning the safety of its weapons.
The U.S.-based company also argues that Braidwood exceeded his jurisdiction by making unreasonable findings of fact, and breaching the principles of procedural fairness.
No court date has been set yet to hear the petition.
Taser is also seeking a declaration of bias against commission counsel Art Vertlieb, the lead lawyer at the inquiry.
Vertlieb said he has not yet seen the petition, and would not comment on its contents, but did say he thinks Taser will have a difficult fight attempting to overturn any of Braidwood's recommendations "because the commissioner is such an outstanding jurist, and has worked so hard, and come up with some very sound recommendations that have been accepted by the government of British Columbia."
Immediately following the release of Braidwood's findings on July 23, the B.C. government announced they would be adopting his recommendations and bringing in new legislation to enact them.
Dziekanski incident focus of inquiry
The B.C. inquiry was launched in the wake of the death of Robert Dziekanski, a Polish immigrant, who died at Vancouver International Airport in October 2007 after being shocked multiple times with an RCMP Taser.
Its first report, released in July, concluded that stun guns can be deadly, and much tougher rules for their use must be adopted.
Braidwood, the former B.C. Appeal Court justice who headed the inquiry, also recommended that stun guns only be used in single five-second bursts in most cases — rather than multiple bursts — citing increased medical risks associated with repeated shocks, and that paramedic assistance be requested in every medically high-risk situation.
Former B.C. Appeal Court justice Thomas Braidwood issued his preliminary report into the use of Tasers in B.C. last month. (CBC) Taser, which makes virtually all the stun guns being used by police forces, has steadfastly argued its weapons are safe.
Following the release of Braidwood's first report, the company said the inquiry based its recommendations largely on speculation and that they do not meet the realities of modern day law enforcement.
Liberal MP Ujal Dosanjh, the party's former public safety critic who has been outspoken on the use of stun guns, said Taser's challenge is a tactic aimed to intimidate.
"I think it's a very flagrant attempt on its part to intimidate the critics of Taser and to discredit the inquiry report of a distinguished jurist," Dosanjh said from B.C.
"They are solely motivated by profit. Public safety can't be their priority," he said, adding the company has a battery of lawyers to "vigorously pursue" any critics.
Vertlieb said the court challenge likely won't affect the resumption of the Braidwood inquiry's second phase in September focusing on Dziekanski's death, after which Braidwood is expected to issue a second report.
With files from The Canadian PressShare Tools
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