Thomas R. Braidwood, QC, 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. Dziekanskiís family and the public with a complete record of the circumstances of and relating to Mr. Dziekanskiís 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. Dziekanskiís death;

   

(b)

to make a complete report of the events and circumstances of and relating to Mr. Dziekanskiís 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 to June 30, 2009