Thomas R. Braidwood, QC, Commissions of Inquiry
THOMAS R. BRAIDWOOD, Q.C., COMMISSIONS OF INQUIRY
PURPOSE AND TERMS OF REFERENCE
Definitions
1 In this Order:
“Conducted energy weapon” means a weapon or device commonly referred to as a Taser®;
“Mr. Dziekanski” means Mr. Robert Dziekanski, who died at the Vancouver International Airport on October 14, 2007;
“RCMP” means the Royal Canadian Mounted Police Force continued under the Royal Canadian Mounted Police Act (Canada).
Establishment of two commissions
2 (1) A study commission,
called the Thomas R. Braidwood, Q.C., Study Commission, is established under
section 2 of the Public Inquiry Act to inquire into and report on the use of conducted energy weapons by the
following in the performance of their duties and the exercise of their powers:
(a) constables of
police forces of British Columbia, other than the RCMP;
(b) sheriffs
under the Sheriff Act;
(c) authorized persons under the Correction Act.
(2) A hearing and study commission, called the Thomas R. Braidwood, Q.C., Hearing and Study Commission, is established under section 2 of the Public Inquiry Act to inquire into and report on the death of Mr. Dziekanski.
(3) Thomas R. Braidwood, Q.C., is the sole commissioner of each of the commissions established under this section.
Purposes of the commissions
3 (1) The purpose of the study commission established under section 2 (1) is to make recommendations respecting the appropriate use of conducted energy weapons by constables, sheriffs and authorized persons referred to in section 2 (1), in the performance of their duties and the exercise of their powers.
(2) The purposes of the hearing and
study commission established under section 2 (2) are as follows:
(a) to provide Mr.
Dziekanski’s family and the public with a complete record of the circumstances
of and relating to Mr. Dziekanski’s death;
(b) to make recommendations referred to in section 4 (2) (c).
Terms of reference
4 (1) The terms of reference of the inquiries to be conducted by the study commission established under section 2 (1) are as follows:
(a) to review current rules, policies and procedures applicable to constables, sheriffs and authorized persons referred to in section 2 (1) in respect of their use of conducted energy weapons and their training and re-training in that use;
(b) to review research, studies, reports and evaluations respecting the safety and effectiveness of conducted energy weapons when used in policing and law enforcement in British Columbia and in other jurisdictions;
(c) to make recommendations respecting
(i) the appropriate use of conducted energy weapons by constables, sheriffs and authorized persons referred to in section 2 (1) in the performance of their duties and the exercise of their powers, and
(ii) the appropriate training or re-training of those constables, sheriffs and authorized persons in that use of conducted energy weapons;
(d) to submit a report to the Attorney General on or before June 30, 2008*.
(2) The terms of reference of the inquiries to be conducted by the hearing and study commission under section 2 (2) are as follows:
(a) to conduct hearings, in or near the City of Vancouver, into the circumstances of and relating to Mr. Dziekanski’s death;
(b) to make a complete report of the events and circumstances of and relating to Mr. Dziekanski’s death, not limited to the actual cause of death;
(c) to make
recommendations the commissioner considers necessary and appropriate;
(d) to submit a report to the Attorney General on or before a date to be determined by the Attorney General in consultation with the Commissioner.
* Amended by OIC 882/2008 to June 30, 2009