POLICE MISCONDUCT UNDER SCRUTINY

The first time police officers came to El Caracol, a Victoria Drive cafe
owned and frequented by members of the Latin American community, they
merely asked insulting questions.

"When was the last time you were arrested?"

"Where are the drugs?"

"Do you deal cocaine?

The second time, they arrested a woman, allegedly without provocation, and
charged her with assaulting a police officer. The police chief, according
to a witness, ordered officers to "make up a story and arrest her."

In the wake of this particular and as of yet unresolved case of alleged
police misconduct, coupled with similar incidents of racism reportedly
perpetrated by the Vancouver Police and security services, the B.C. Latin
American Congress organised an educational forum on police misconduct last
Thursday at the IWA Hall.

Jeremy Guild, the head lawyer of the Legal Services Society's Criminal Law
Clinic, opened the forum by delineating an individual's precise rights if,
for example, they're approached by police on the street. Guild explained
that unless the police have a concrete reason to believe an individual is
involved in a criminal activity, that person is under no obligation to
answer any questions or show the police any identification. If, at this
point, the police persist in questioning an individual, the person has the
right to ask them why, and they have an obligation to answer.

Guild went on to discuss issues surrounding arrests. "When you are
arrested, the police are supposed to tell you your rights, including why
you have been arrested, and the fact that you have a right to speak to a
lawyer immediately." He emphasised that "you don't have to answer any
questions, and 99.9 per cent of the time, it's better not to answer any.
Most people get themselves in trouble with their mouth."

Guild clarified a popular myth, which is that after having been arrested,
an individual is limited to a single phone call, as American television
suggests. In fact, one is permitted as many phone calls as is necessary to
secure a lawyer. Still, Guild imbued his discussion with equivocation,
concluding that "these are your rights, but on the street, you've got to
use them with common sense."

Jason Gatl, a criminal lawyer with the B.C. Civil Liberties Association,
framed the issues theoretically, observing that "the police in a democratic
state are in an interesting situation. They are at the point where the
violence of the state meets the laws of the land - where the laws on paper
are enforced at the barrel of a gun. That's a difficult point at which to be."

Gatl indicated the difficulty the police have with this position by
recounting that "in the 40 years that the Civil Liberties Association has
been at work, we've encountered a great deal of police misconduct." The
BCCLA is actively involved in educating and aiding citizens in registering
grievances with the police complaint commissioner.

After the speakers finished, a woman from the audience asked, "What do you
do if the police come banging on your door in the middle of the night, with
no documents, just standing there like animals?" After some consultation
amongst themselves, the panellists responded: "Call the Police station."