Police use of force rules need more reform
THE SPECTATOR’S VIEW
It’s too bad juries in Canada aren’t allowed to talk to the press about their thinking and rationale behind a verdict, like they can and do in the United States. If they could, the verdict handed down in the trial of Toronto Const. James Forcillo might be less of a mystery.
As the Toronto Star asked in its front page headline Tuesday, how can you be found guilty of attempting to murder a man you killed and were found not guilty of murdering? There are all sorts of nuances and legalities at play here, but from an outside, admittedly lay perspective, something seems off with this outcome. For one thing, we don’t tend to think of criminal trial verdicts as being political or a compromise, but this finding seems a little of both.
Forcillo’s horrific killing of 18-year-old Sammy Yatim in 2013 caused a huge uproar in Toronto and elsewhere because it was so violent, so brazen, so apparently over-the-top. Had the jury come back with no finding of guilt, it’s not hard to imagine the resulting furor. On the other hand, police and law enforcement advocates have been quick to pile on the verdict of attempted murder because it “criminalizes” the actions of first responders following their training.
If you believe Forcillo’s testimony that he fired a second volley of six shots into Yatim because he believed he was in imminent danger, although the teen was by that time on the floor of the empty streetcar nearing death from the first three shots, you probably don’t agree with the finding. If, on the other hand, you’re like us and don’t buy Forcillo’s incredible version of the events, you may feel like the verdict doesn’t reflect the seriousness of what the officer did — he first incapacitated Yatim, from a distance, and then shot him six more times as he was on the floor bleeding.
Little is certain yet. Forcillo’s lawyers are seeking a stay, arguing the verdict is improper because he only did what his training told him to do.
But here are some things that are certain, and should worry us. There hasn’t been a time in recent memory when police use of force has been as much of an issue as it is right now. It’s true in the United States with its raft of race-related police shootings. But it’s also the case here, with the Yatim shooting and also with Hamilton’s own tragedies — the deaths of Steve Mesic and that of Andreas Chinnery, whose death at the hands of Hamilton police in 2011 is the subject of a just-announced inquest starting in March.
Since the Yatim incident, Toronto and Hamilton police along with the province have been studying use of force guidelines, specifically toward giving officers more options that don’t involve deadly force. Increased use of Tasers has been studied and recommended, but little has been implemented. This is a subject that demands a lot more attention, hopefully before there are more tragedies like these.