Illegal Arrest, Excessive Force, Dishonesty - Not just an American Problem

[Flash Walken]

In sentencing Sgt. Michael Ferry, retired justice Lee Ferrier was blunt in his assessment.

“The factual findings in this matter reflect particularly serious misconduct,” Ferrier wrote.

“Sgt. Ferry was found to have given incredible testimony under oath that can only have been deliberately dishonest.”

The officer’s dishonesty was but one of several aggravating factors Ferrier said he found in the case.

Other factors included Ferrier’s previous disciplinary findings involving “serious dishonesty,” the fact that he was a supervisor whose illegal retaliatory conduct had occurred in full public view, and that he had failed to respect a citizen’s right to be left alone.

At the same time, Ferrier decided the financial consequences of a one-year demotion — as the prosecution had wanted — would be too severe.

“A 12-month demotion would potentially have extraordinary financial consequences, not only during the demotion period, but continuing for the rest of his life in his reduced pension entitlement,” Ferrier said.

“I am also of the view that a reprimand as an additional penalty in this case adds little because of the severity of a demotion.”

The defence had asked for Ferry to be docked 10 days pay and given a reprimand.

Ferry, a 26-year police veteran, arrested Ryan Mitchell on June 27, 2010, a day after vandals ran amok in the downtown core. Ferrier had previously found him guilty of misconduct under the Police Services Act for illegally arresting Mitchell and using excessive force against the PhD student.

According to the evidence, Mitchell was in an area where police had arrested about a dozen people. At one point, in what was otherwise a calm situation with police in complete control, Ferry threatened to arrest Mitchell if he didn’t leave.

Mitchell complied by walking away, but told Ferry to “get off it.”

In response, Ferry charged at the much smaller man, threw him face down to the ground, and choked him for 30 seconds until he was handcuffed, all the while screaming at him to stop biting. Mitchell spent eight hours under detention at a notorious temporary prison police had set up for the summit.
Based on witness testimony and videotaped evidence, Ferrier called the alleged biting a “ruse” and said the officer was willing to say anything, “however absurd,” to defend himself.

“The tribunal must impose a penalty that denounces and deters groundless retaliatory arrests of civilians by any Toronto police officer,” Ferrier said.
Spokesman Mark Pugash would not comment on the decision but said the police service would look at Ferrier’s comments on the sergeant’s dishonesty.

http://www.thestar.com/news/crime/20...0-choking.html

I hope the next time I break the law and then lie about it under oath, a judge gives me leniency based on how the jail time is likely to upset my future earnings potential.

[burn_this_city]

You would think the justice system would set a better precedent than docking a bit of pay.

[Daradon]

Embarrassing punishment, if you can even call it that. And while in this particular story the officer was lying very dramatically, you'd be a fool to think most officers don't lie a little to make themselves look better, or give credence to their arrests and claims. Not only that, few have a good grasp of exactly what is allowed and isn't, and how the law functions in society. We have examples of this even on this board.

Know your rights people, because the other side rarely plays fair.

[undercoverbrother]

Originally Posted by Daradon

Embarrassing punishment, if you can even call it that. And while in this particular story the officer was lying very dramatically, you'd be a fool to think most officers don't lie a little to make themselves look better, or give credence to their arrests and claims. Not only that, few have a good grasp of exactly what is allowed and isn't, and how the law functions in society. We have examples of this even on this board.

Know your rights people, because the other side rarely plays fair.

I am sorry I have to take issue with your post.


That story is not only about the inexcusable actions of the officer, but also about the lenient response from the judge.


That being said, I don't think your statement:

ou'd be a fool to think most officers don't lie a little to make themselves look better, or give credence to their arrests and claims.

I believe you are painting the police services in Canada with the same brush used in the states. It seems like there is a story coming out of the states everyday about police stupidity, yet how often do we see them here in Canada. Please know, that I am not excusing the actions of the officer in the OP story, I have no sympathy for him.

The police in Canada are not like the police in the US. "Most" as in majority of the officers are not liars, but I would be happy to read literature that you have that supports your claim that they are liars.

I have had dealings with many police around the world, including an overnight stay in an Eastern European jail. Canadian police (while not perfect) are nowhere near those of the US or other 2nd/3rd world countries.

[Flash Walken]

Originally Posted by undercoverbrother

I am sorry I have to take issue with your post.


That story is not only about the inexcusable actions of the officer, but also about the lenient response from the judge.


That being said, I don't think your statement:



I believe you are painting the police services in Canada with the same brush used in the states. It seems like there is a story coming out of the states everyday about police stupidity, yet how often do we see them here in Canada. Please know, that I am not excusing the actions of the officer in the OP story, I have no sympathy for him.

The police in Canada are not like the police in the US. "Most" as in majority of the officers are not liars, but I would be happy to read literature that you have that supports your claim that they are liars.

I have had dealings with many police around the world, including an overnight stay in an Eastern European jail. Canadian police (while not perfect) are nowhere near those of the US or other 2nd/3rd world countries.

http://www.thestar.com/news/investig...e_who_lie.html

http://forum.calgarypuck.com/showthread.php?t=117196

[undercoverbrother]

Originally Posted by Flash Walken

http://www.thestar.com/news/investig...e_who_lie.html

http://forum.calgarypuck.com/showthread.php?t=117196

Thanks Flash.


So you believe the police service in Canada is on par with that in the US or other countries?

[Street Pharmacist]

Originally Posted by Flash Walken

I hope the next time I break the law and then lie about it under oath, a judge gives me leniency based on how the jail time is likely to upset my future earnings potential.

Providing false testimony is certainly shady and terrible, but we don't know how big the number is for a decrease in pay. If it's 1,000,000, is that fair?

[Flash Walken]

Originally Posted by Street Pharmacist

Providing false testimony is certainly shady and terrible, but we don't know how big the number is for a decrease in pay. If it's 1,000,000, is that fair?

Considering he used excessive force to violate the rights of Canadian citizen, and then lied about it in both discovery and the trial while under oath, I think his decrease in pay should be absolute. He should be unemployable as a police officer.

He has clearly demonstrated contempt for the Canadian judicial system and the Charter.

I mean, do we think police officers that destroy evidence of their own misconduct are fit to walk the streets in positions of authority?

[combustiblefuel]

Originally Posted by undercoverbrother

Thanks Flash.


So you believe the police service in Canada is on par with that in the US or other countries?

If Bill 51-c passes then we are on the way quicker then you think.

[undercoverbrother]

Originally Posted by combustiblefuel

If Bill 51-c passes then we are on the way quicker then you think.

thaaaanks for not answering my question

[Daradon]

Originally Posted by undercoverbrother

I am sorry I have to take issue with your post.


That story is not only about the inexcusable actions of the officer, but also about the lenient response from the judge.


That being said, I don't think your statement:



I believe you are painting the police services in Canada with the same brush used in the states. It seems like there is a story coming out of the states everyday about police stupidity, yet how often do we see them here in Canada. Please know, that I am not excusing the actions of the officer in the OP story, I have no sympathy for him.

The police in Canada are not like the police in the US. "Most" as in majority of the officers are not liars, but I would be happy to read literature that you have that supports your claim that they are liars.

I have had dealings with many police around the world, including an overnight stay in an Eastern European jail. Canadian police (while not perfect) are nowhere near those of the US or other 2nd/3rd world countries.

Sorry for the delay,

I agree the US is much worse. Multitudes worse.

I hesitated to speak on this thread because I dont want to be accused of libel, nor do I want to unknowingly implicate the board.

I must agree with the premise Flash put out. It's not as rare as you think. I have personal examples, and we all know a poster here who... well...

All I can say legally, Iis know your rights. As a society know your rights before we turn into one where getting choked out by a cop is ok.

Speak out. Get angry! We will become the US if people like Flash don't front page this.

We're not there yet, I agree. Because we need to take issue to things like this.

[undercoverbrother]

Originally Posted by Daradon

Sorry for the delay,

I agree the US is much worse. Multitudes worse.

I hesitated to speak on this thread because I dont want to be accused of libel, nor do I want to unknowingly implicate the board.

I must agree with the premise Flash put out. It's not as rare as you think. I have personal examples, and we all know a poster here who... well...

All I can say legally, Iis know your rights. As a society know your rights before we turn into one where getting choked out by a cop is ok.

Speak out. Get angry! We will become the US if people like Flash don't front page this.

We're not there yet, I agree. Because we need to take issue to things like this.

Don't get me wrong I am all for rooting out and punishing the abuse of power.


Actually i am gonna PM you.