In wake of N.S. shootings, here’s how police say you can be sure you’re dealing with a real officer
In the wake of a Nova Scotia shooting rampage in which the killer posed as a Mountie, police forces in the province have been telling residents how they can be sure they're dealing with a real officer.
But reassurances that members of the public can ask for identification don't recognize the "power imbalance" when a member of the public is dealing with someone who appears to be a police officer, say some.
The shooter who killed 22 people last weekend was dressed as a Mountie and driving what appeared to be an RCMP cruiser. Police have cited his disguise as one of the reasons he was able to move about during the 12-hour rampage.
In response to questions online this week, the RCMP tweeted that residents who were concerned they might not be dealing with a real officer could "ask for their regimental number or ask to see their badge which will show a reg # then call dispatch at 1-800-803-rcmp ... to confirm their identity.
"You can also ask to see their ID card which will have a photo & reg #," tweeted the Nova Scotia Mounties.
In its own tweet, the Halifax Regional Police said, "We are reinforcing with our officers the importance of self-identification while approaching citizens. Citizens can also request proper identification."
The Mounties addressed the issue more pointedly in a question-and-answer section on a news release this week: "Given this incident, how can I trust that someone is a real RCMP officer?"
Michael Spratt, an Ottawa-based criminal lawyer and partner at Abergel Goldstein & Partners LLP, told the Star in an interview there's always a "power imbalance" in interactions between police officers and civilians, but that there are a few options for members of the public.
When an officer pulls you over, "You have the right to a badge number; you have the right to document that interaction; and you have the right to know why the officer is detaining you, and what they want of you," Spratt told the Star.
Some of those are charter rights, some are rights that have been defined by the courts, and some are rights that flow from "the reciprocal arrangement society has with the police, where we give them great power but we are within our rights to insist on rights and responsibility," Spratt said.
"It's an offence to assault a police officer while they're executing their duty and, so, if an officer is facilitating an arrest and you are resisting, that can result in charges, as well. So, it may not be a defence to say, 'I didn't believe that person was a police officer, that's why I acted the way I did, that's why I fled.' If you were wrong and it was a legitimate officer, you could be opening yourself up to liability to prosecution and criminal jeopardy."
Spratt adds that most criminal lawyers will pick up calls from anyone in a "vulnerable position," free of charge, to advise them, however briefly, on their rights. "If I receive a call like that from an individual on the side of the road, most defence lawyers and certainly I consider it an obligation to provide that information and make sure that when someone is in a vulnerable state like that, they get the information they need."
It's not clear how Nova Scotia gunman Gabriel Wortman obtained his gear, but retailers across the country claim to sell uniforms and other tactical equipment to police agencies and the public alike.
Retired RCMP deputy commissioner Peter German told the Star there are any number of possibilities. He said it's possible to purchase uniforms online through military surplus-style stores.
While sites like eBay do not permit the sale of uniforms, they do allow the sale of items like police patches.
Another possibility, he said, is theft - say from the dry cleaners or from a break-in at a residence.
(In an incident just this week, Halifax Regional Police said Thursday they were investigating a report of that an RCMP officer had lost his wallet containing his police badge and identification in Dartmouth. The badge was later recovered.)
German also cited collectors.
The thing to keep in mind, German said, is that possession is not illegal; it's the act of impersonating an officer that is illegal.
While it's not common that criminals dress up like peace officers to commit crimes, it has been known to happen, said the head of the Canadian Police Association.
"I have responded to calls where people portray themselves as police officers and try to take advantage of people," said Tom Stamatakis, a constable in the Vancouver Police Department.
"That definitely happens from time to time."
RCMP policy dictates that officers return all their gear when they leave the service, with exceptions made in some cases for the iconic formal Mountie uniform for official occasions. Officers are forbidden from selling any part of their kit or uniforms.
The policy also requires that any decommissioned equipment or uniforms be destroyed or altered so they can't be identified or re-worn or re-used as part of the RCMP uniform, according to a statement from the national agency.
Stamatakis said his group has long advocated for governments to ensure that police uniforms are distinct and difficult to replicate, especially in comparison to private security uniforms.
Some provinces have also put restrictions on equipment typically reserved for police, particularly body armour.
Stamatakis said most people have no business owning the gear, clothing and equipment associated with policing, and that he would welcome more government control.
He said he hopes recommendations come out of the investigation in Nova Scotia to prevent a similar situation from playing out again, to protect Canadians' confidence in their police.
"Any time somebody portrays him- or herself as a police officer, for the purpose of taking advantage of another person, that's a huge concern because it undermines public policing and our ability to protect the public," he said.
With files from The Canadian Press and Douglas Quan