The Metro Vancouver transit police force recently changed its policy on using Tasers after it was revealed some fare-evading transit users had been zapped with the stun gun, the force's deputy chief told an inquiry Friday.
Ken Allen told the Braidwood Inquiry the transit force had deployed the Taser 10 times since the force came into existence in 2004.
When instances of Taser use came to light in the media, internal reviews were launched as well as another by the B.C. Police Complaints Commission.
The initial policy on Taser indicated the weapon could be used on "non-compliant'' transit users but Allen said there were problems with that term.
The transit police board earlier this week approved the removal of non-compliance and replaced it with "actively resistant.''
The B.C. government launched the inquiry in part to deal with public concern after Polish immigrant Robert Dziekanski died at Vancouver airport last October, shortly after he was hit with a Taser.
The original policy, Allen told retired judge Thomas Braidwood, allowed for a Taser to be used when a transit user was deemed to be "non-compliant.'''
"Last month, some concerns arose about this language and we have addressed that,'' said Allen. "The police board determined that `non-compliant' should be removed from the policy.''
Allen said he understood the change was made because there was a potential for confusion in the term non-compliant.
"The concern was that non-compliant could be construed to mean non-payment of fares by the public.''
Allen was not asked to explain what the term "actively resistant'' means.
Commission counsel Art Vertlieb noted that the old and new policy also contained the term "violent'' and "suicidal'' as a reason to possibly deploy the Taser.
"Why would it not have been sufficient to have Taser use when someone was potentially violent?'' he said. "Why did you need to add active resistance?''
Allen said the transit police board felt officers needed some guidance for using a Taser in a situation that did not have the potential for violence but where the was still some resistance.
Under the new policy, if a person fails to pay his fare, spots a transit officer and flees, would the person be hit with a Taser, asked Vertlieb.
"It would depend on extenuating circumstances surrounding why he was fleeing, what would create an escalation in use of force to that level,'' Allen replied.
Vertlieb said the inquiry had information of an event where a person ran away without paying, and was zapped with the stun gun.
Allen hesitated to answer, eventually replying that the question "ventured into'' an area now under investigation by complaints commission.
That prompted Braidwood, a retired B.C. Supreme Court judge, to intervene.
If a transit cop finds a non-paying person who suddenly flees, would that be construed as being actively resistant, asked Braidwood.
"Not in itself, no,''' said Allen.
The deputy chief, whose force numbers 156 officers with 20 Tasers, said the force is the "only police agency associated (solely) to transportation in Canada.''
"There is no other armed policing agency that works with transportation systems,'' he said, referring to the fact Vancouver's transit cops also carry handguns.
Allen's appearance came after transit police initially declined an invitation to appear before the commission but changed their mind after Solicitor General John van Dongen ordered them to show up.