Tuesday, November 07, 2006

The Complexities of Justice

I have purposefully avoided wading in to the public debate over a Crown prosecutor's recommendation that charges not be laid against an Edmonton Police officer who was captured on film striking a handcuffed young woman during the Stanley Cup celebrations on Whyte Avenue.

The public outrage in the letters to the editor seem to outweigh the ones that are supportive of this recommendation. This debate is not pro or anti - police rhetoric, it is much more complicated than whether one supports their local police officers or not.

My reluctance to make comment, if I were to be truthful with myself, comes from not wishing to offend a police officer who may read my musings. I recognize however that if I am to encourage boldness in the pursuit of truth, that I must take the risk of offending.

I was present on Whyte Avenue the night that this event occurred. I was also witness to a young man losing consciousness after being 'clotheslined' by a young police officer while trying to cross the street. I did not see the actual take down but several witnesses did. I saw the frightening aftermath only seconds later as the man lay lifeless on the pavement and the police officers present seemed at a loss at what to do. In my opinion, based on my own experience as a cop, the take down was excessive force. In my view, regardless of the previous riotous behavior of the crowds, each circumstance must be evaluated, yes sometimes in a split second, and appropriate force used to effect the corrective action.

This brings me to the situation with the young lady whose photographed assault has made the national news. Yes, it needs to be called what it was, it was an assault. The question becomes not what it was but rather was it justified.

As a police officer I have been spit at, kicked, punched, attacked, shot at, and verbally assaulted with every name in the known lexicon of profanity, even some unknown. I had times when I controlled my temper in these tirades and I have had times when I inappropriately lost my temper. Every honest police officer would tell you the same thing. Yes, policing is an often times thankless and dangerous job with few fringe benefits. But, and here is the rub, in many ways it is more than a job, it is a calling. With this call comes tremendous power which by necessity requires tremendous responsibility.

A picture does speak a thousand words, but the words it spoke to me was not just a cop who, perhaps, abused his authority. Rather what it spoke to me was that in the midst of hyper-vigilism and antagonism, hatred encouraged hatred, abuse encouraged abuse, fear encouraged fear.

I believe that the Crown prosecutor overstepped his boundaries in his recommendation. This is much too high profile a case to dismiss based on the "reasonable likelihood of conviction." The proper process must weigh the evidence and come to an appropriate conclusion based on that evidence.

I do not personally condemn the police officer nor the young lady. Every one of us, regardless of profession, social status, religious beliefs, or lifestyles has the capacity to engage in violent actions, in a given set of circumstances. We sometimes only come to terms with that truth by experiencing the consequence of those actions.

I have been in the place of that young officer. The only difference was that my actions taken against a handcuffed ( which is generally an indication of a lesser physical risk) person, was not caught on camera. Again, the honest cop would tell you, we have all used excessive force on occasion that was fuelled more by temper and fear than by necessity to effect an arrest.

The process should take its course, in spite of the recommendations made by the Crown, and may both the police and the young woman learn and grow from the experience. That is justice, not punishment or vengeance. And there is a difference. Justice is designed to serve the public good, including the offending party. Justice must also be seen to be done, and for the overall good of the officer, the police force, the public and Kristen Wilson, the evidence needs to be heard.

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