Increased militarization of police can reduce safety, expert tells RCMP Labour Code trial

Arming police with high-powered weapons, such as carbines, can have unintended consequences, an expert in police militarization testified Tuesday at the national police force's Labour Code trial in connection with the 2014 shooting deaths of three Moncton Mounties and wounding of two others.

Peter Kraska, a witness for the defence, said the U.S. experience with increased militarization has been a reduction in safety.

When citizens see a police force as an occupier, it can lead to violent interactions, said Kraska.

It is a huge step for a police agency to have carbines and military-grade armour and ... those kinds of things would absolutely have to be done incrementally and very carefully and with a lot of thoughtful deliberation.- Peter Kraska, police militarization expert

The militarization culture can also be seductive to some officers, he told the Moncton courtroom on Day 17 of the trial.

The RCMP is charged with violating four provisions of the Canada Labour Code by allegedly failing to provide members with appropriate use-of-force equipment and training for responding to an active threat or active shooting event, and failing to ensure the health and safety of every person employed by the force.​​​

The four charges stem from the RCMP's response to the shooting rampage by Justin Bourque in a residential are of Moncton's north end on June 4, 2014.​

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Kraska, a professor of justice studies at Eastern Kentucky University, said society must value police safety and give officers the necessary tools but in an extremely careful way.

He warned against making any quick decisions when it comes to major changes in public policy involving the police.

"It is a huge step for a police agency to have carbines and military-grade armour and that those kinds of things would absolutely have to be done incrementally and very carefully and with a lot of thoughtful deliberation," he said.

Relevance questioned

Crown prosecutor Paul Adams questioned whether Kraska's testimony was relevant, asking repeated questions about whether his conclusions applied to Canadian police forces.

Kraska repeatedly replied that he had not done that research.

Adams argued there are significant differences between Canadian and U.S. forces both legally and culturally.

Kraska acknowledged there are differences and conceded he had not looked at the militarization of police in a Canadian context.

"I'm in no way predicting that will happen in Canada," he said, referring to the U.S. example as a "cautionary tale."

The tone of the cross-examination became so contentious, defence lawyer Mark Ertel stepped in to complain to the judge that the Crown and witness were arguing.

Carbines high priority in 2011

Earlier in the day, a senior officer testified that three years before the Moncton shootings, rolling out carbines to officers was considered a high level priority.

Deputy Commissioner Kevin Brosseau said he worked on the carbine issue from January 2011 to January 2012 and met with the senior executive committee to discuss progress and make decisions about implementation of the semi-automatic short-barrelled rifles that have a longer and more accurate range than a pistol or shotgun.

During one of those meetings, Brosseau sought to have C8 carbines approved for front-line members for general use, and the purchase of 375 C8s with an incremental deployment strategy across the country, the Moncton courtroom heard.

There were thousands of officers at the time, he said.

C8s were approved for use in September 2011. No carbines were available to the Moncton officers during Bourque's deadly shooting spree, the trial has heard.

During cross-examination, the prosecutor asked Brosseau whether it was understood in 2011 that there were real deficiencies in RCMP firepower.

The RCMP understood there was a gap, said Brosseau.

He said the Moncton shootings were a horrible tragedy, no doubt, but he couldn't say whether additional training or having patrol carbines would have made a difference.

"I'm not asking that," said Adams. "I'm asking if they were properly trained and equipped."

Adams said if Brosseau told senior executives in 2011 they needed more, then the conclusion would be that during the Moncton shootings, when no officer had a carbine, the members were under-equipped.

Brosseau said his presentation dealt more with general inventory, as opposed to a particular set of facts.

"No, you're not going to admit to anything because that would be an admission of guilt," Adams said.

Previous Crown witnesses have testified being equipped with carbines might have made a difference that night.

The trial, which started on April 24, is scheduled to resume on Wednesday morning. About two months have been set aside.

The RCMP previously pleaded not guilty to charges the force violated four health and safety provisions of the Canada Labour Code and elected to be tried by a provincial court judge.

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The charges relate to equipment, training and supervision and were recommended by the Public Prosecution Service of Canada after its investigation into the Moncton shootings.

Each of the four charges carries a maximum fine of $1 million.

Bourque is serving five life sentences with no chance of parole for 75 years after pleading guilty to three counts of first-degree murder and two counts of attempted murder.