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- Ewatski ordered to disclose
secret files
Documents
used in discipline of officers
By Bruce Owen, October 15th,
2004
WINNIPEG Police Chief Jack
Ewatski must turn over to the police union a list of documents
he used to put six officers on leave in the wake of last year's
killing of Kevin Tokarchuk, an arbitrator ruled yesterday.
Gavin Wood said Ewatski must
supply the material, which has never been made public, so the
Winnipeg Police Association has a fair chance of arguing its
case that the job action against the six officers was discriminatory
and amounted to an act of discipline.
Keith Labossiere, lawyer for
the WPA, said the union welcomed Wood's decision as it's been
fighting for almost a year for disclosure.
"If the chief of police,
or any employer, can make a decision that impacts on an employee,
but is not willing to share with the employee why that decision
was made, how can that employee or an association challenge it?"
Labossiere said.
However, Labossiere said the
decision may prove to be a hollow victory.
Since the beginning of the
six officers' grievance, filed last Dec. 30, Ewatski has maintained
he could not disclose the material because it may identify a
confidential source.
For that reason, Labossiere
said, it's possible that all the documents in the chief's hands
may stay under wraps despite Wood's decision.
The documents include updates
on the internal investigation into an allegation that officers
in the police service were told by an informant of a plot to
kill Tokarchuk, but took no action to warn him or his family.
The allegation was made public
12 days after Tokarchuk was gunned down in the garage of his
family's Churchill Drive home on May 12, 2003. It's believed
he was shot to death in retaliation for the death of Zig Zag
Crew gang member Trevor Savoie a year to the day earlier.
At that time, the Zig Zag Crew
were aligned to the Hells Angels.
Tokarchuk's brother, Daniel,
was charged with murder in connection with Savoie's death.
The material in Ewatski's possession
also includes a confidential report by Alberta Crown attorney
Larry Stein submitted a year ago that said the officers should
not be charged with a criminal offence in connection with Tokarchuk's
death.
It also includes a report submitted
last June by the Ontario Provincial Police that reviewed how
the Winnipeg police professional standards unit conducted the
internal probe into the Tokarchuk matter. That report has also
remained secret.
City lawyer Marvin Samphir,
who's acting for Ewatski, said he had to discuss Wood's decision
with the chief and could not comment.
However, he said it's unlikely
the police service would appeal Wood's ruling in Court of Queen's
Bench.
"It doesn't appear the
arbitrator acted outside his jurisdiction," he said.
The hearing is scheduled to
continue Jan. 17 with testimony from Ewatski on why he placed
the officers on paid leave. A deputy chief and inspector were
also put on leave. Three of the eight have since retired.
Not as punishment
Ewatski said at the time that
the officers were removed from the workplace not as a punishment,
but so that the internal probe remained transparent.
The six officers claimed they
were wrongly placed on paid leave and that their careers and
personal lives have suffered. They want a public apology from
Ewatski and payment of lost overtime and shift premiums -- about
$10,000 to $20,000 each.
Wood also said it's possible
for police to edit out any information in the documents that
could identify the informant, although he admitted such a feat
could be complicated.
The issue of protecting the
informant's identity was the main reason the police service asked
that the entire arbitration be held in-camera, meaning the media
would be barred from covering it.
But the Winnipeg Free Press
fought successfully in court to keep the hearing open to the
public.
Court of Queen's Bench judge
John Scurfield said in that ruling there was no evidence presented
to him that the informant's identity was an issue, or by law
even admissible, at the arbitration hearing.
bruce.owen@freepress.mb.ca
-
- Ewatski refusal may
cripple hearing: lawyer
- Order to release file
on officers requested
By Bruce Owen, October 9th,
2004
AN arbitration hearing involving
six city police officers who were removed from active duty after
the May 2003 killing of Kevin Tokarchuk could be delayed indefinitely,
a police union lawyer said yesterday. Keith Labossiere, acting
for the Winnipeg Police Association, said the hearing was scheduled
to continue in mid-January, but could be delayed even further
if the union doesn't get an explanation from police Chief Jack
Ewatski about why he put the officers on paid leave. Labossiere
told arbitrator Gavin Wood that despite repeated attempts, the
union has been given no detailed information from Ewatski.
"It puts us in an untenable
position," Labossiere said. "We have been provided
nothing. We're not going to have a fair hearing."
Labossiere asked Wood to order
Ewatski to disclose that information, specifically any evidence
that supported his removal of the six officers from the workplace.
Those officers, five of whom
were at yesterday's procedural hearing, were placed on administrative
leave about two weeks after Tokarchuk was gunned down in the
garage of his family's Churchill Drive home May 12 last year.
Allegation
Ewatski placed them on leave,
along with an inspector and deputy chief, after an allegation
was made that officers were aware of a tip that Tokarchuk had
been targeted in a gang revenge plot but took no action to warn
him or his family.
The officers all returned to
work before last Christmas, but to date the police service has
not publicly said whether any internal infraction occurred.
The officers grieved their
temporary removal, leading to the ongoing arbitration hearing
to settle the matter. Labossiere said Ewatski should not have
placed the officers on leave, but transferred them to other duties.
The officers have not been
sanctioned by the police service for any wrongdoing, and Alberta
Crown attorney Larry Stein said a year ago there was no evidence
to charge any of them with a criminal offence.
In testimony yesterday, Winnipeg
Police Association president Loren Schinkel said he asked Ewatski
several times to explain why the officers were put on leave,
a serious move when they could have been assigned to desk duty.
Schinkel said he was given
an internal police document on the matter last month, but Ewatski
swore him to secrecy -- he couldn't even tell Labossiere or the
six officers.
Police lawyer Marvin Samphir
said some documents are privileged and cannot be released to
the union.
Wood said he wanted to reserve
making his decision until Thursday.
bruce.owen@freepress.mb.ca
© 2004 Winnipeg Free
Press. All Rights Reserved.
Court opens hearing
Free Press wins challenge;
can report on police arbitration case
By Bruce Owen, Winnipeg
Free Press, August 31st, 2004
THE Winnipeg Free Press
won its court challenge yesterday to report on a police arbitration
case that concerns what police knew before the 2003 gang-related
killing of Kevin Tokarchuk.
That hearing is to start this
morning with testimony from Winnipeg Police Chief Jack Ewatski
on why he placed six officers on paid leave just days after Tokarchuk
was killed.
But insiders say the hearing
may be delayed -- and could be cancelled outright -- as the police
service attempts to negotiate financial settlements with the
six officers.
"I can tell you it will
take a lot of money to make me go away," one of the officers
said yesterday.
The anticipated push for an
11th-hour settlement came after Court of Queen's Bench Judge
John Scurfield ruled the Free Press could cover the hearing.
"We welcome the decision,"
Free Press Editor Nicholas Hirst said. "We believe
in the openness of the courts and tribunals. They should be open
to the public in the interests of the public."
Scurfield overruled an arbitrator's
earlier decision that banned the paper from the hearing on the
possibility the name of a police informant could slip out during
the proceedings.
That informant reportedly told
police that Tokarchuk would be killed in revenge for the May
12, 2002, shooting death of Zig Zag Crew gang member Trevor Savoie.
Tokarchuk's brother, Daniel, was charged with killing Savoie.
Members of the Zig Zag Crew
are considered foot soldiers for the Manitoba chapter of the
Hells Angels.
Tokarchuk, 24, was shot to
death May 12 last year at his family's Churchill Drive home.
No one has been arrested in
Kevin Tokarchuk's death, but sources have said the trigger-man
was a gang associate who committed suicide earlier this year.
Days after the killing, it
was alleged that police knew of the threat against Tokarchuk,
but took no action to warn him or his family. Police sources
have said some officers were aware of the threat, but not its
timing.
Ewatski launched an internal
review into the matter and subsequently placed eight officers
-- the six officers plus a deputy chief and an inspector -- on
forced leave. The deputy chief retired last February and one
of the junior officers retired a year ago. A third officer retired
this month.
Ewatski said at the time the
officers were removed from the workplace not as a punishment,
but so that the internal probe remained transparent. The officers
returned to work last December, but in different positions. No
criminal charges have been laid nor internal disciplinary sanctions
taken.
The six officers claimed they
were wrongly placed on paid leave by Ewatski and that their careers
and personal lives have suffered. They want a public apology
from Ewatski and payment of lost overtime and shift premiums
-- about $10,000 to $20,000 each.
They also say because they
were put on paid leave, they've been the subject of suggestions
that they acted inappropriately and have had their integrity
questioned in court when called to testify.
Both sides agreed to arbitration
to settle the matter.
But both sides also asked provincially
appointed arbitrator Gavin Wood to bar the media.
Wood, a family lawyer, agreed
the hearing should be held in camera to protect the informant's
identity.
However, Scurfield said there
was no evidence the informant's identity was an issue, or by
law even admissible, at the hearing.
He also said the province wants
arbitration hearings to be public.
"In simple terms, the
legislated objective is to make them into public hearings,"
he said in a written decision. "A reasonable interpretation
of the section leads to the conclusion that arbitrators should
only go in camera when it is absolutely necessary to do so.
"(I) reluctantly find
that arbitrator Wood's decision does not constitute a reasonable
interpretation of the legislation."
bruce.owen@freepress.mb.ca
© 2004 Winnipeg Free
Press. All Rights Reserved.
Surprise derails police
hearing
By Bruce Owen, Winnipeg
Free Press September 1st, 2004
THE public may never get to
know whether the Winnipeg Police Service was warned of a gang
plot to kill Kevin Tokarchuk, or why six police officers were
forced onto administrative leave after the 2003 slaying.
A police arbitration hearing
in connection with Tokarchuk's death was indefinitely postponed
yesterday after Police Chief Jack Ewatski -- in a meeting behind
closed doors -- revealed for the first time confidential information
explaining why he removed the officers from active duty.
The surprise development stopped
the hearing before it began -- Ewatski was supposed to be the
first witness -- and has now cast doubt on whether it will continue
at all, according to sources.
Sources say Ewatski's revelation
may have derailed the officers' will to continue their grievance,
something that would end the arbitration hearing and the necessity
for Ewatski to testify. Both parties are to talk about the possibility
of setting a new date tomorrow morning at the urging of arbitrator
Gavin Wood.
The hearing -- forced into
the open by a court challenge from the Winnipeg Free Press
-- was being held to deal with a grievance filed last December
by the six officers that they were unfairly treated by being
placed on leave and that their careers and personal lives have
suffered. The officers have never been disciplined by the service
for violating any police procedures or policy.
The Tokarchuk family was disappointed
by the delay, but expressed hope the hearing would continue.
Diane Tokarchuk, mother of
Kevin Tokarchuk, declined to comment, but her lawyer, Barry Gorlick,
said she and her family have been "tortured" since
the day her son was killed.
"They have been trying
to answer a question torturing this family since Kevin was killed,"
he said. "And that is why did it happen?"
Both sat through yesterday's
two sessions of the hearing, one in the 22nd floor downtown boardroom
of law office Thompson, Dorfman, Sweatman and the other in a
hotel basement in Fort Garry.
A silent Ewatski, who was set
to testify as to why he placed the six officers on administrative
leave days after Tokarchuk was shot to death May 12 last year,
appeared only briefly before Wood before leaving a crowded hearing
room.
The six officers, Mark Mirwaldt,
Doug Lofto, Dave Lysyk, Jeff Bellingham, David Oakes and Lyle
Loehmer, also appeared at the morning session of the hearing,
but all left without comment after the adjournment.
Winnipeg Police Association
lawyer Keith LaBossiere said WPA president Loren Schinkel refused
to comment on the nature of the new information, but added the
group has been asking Ewatski for it since the six officers complained
in a grievance about their treatment last Dec. 30.
LaBossiere also said no settlement
with the officers had been negotiated. "We'd love to resolve
the matter, but it has not been resolved," he said.
It's believed the new information
concerns a verbal explanation from Ewatski that justified his
placing the officers on leave.
According to sources, in the
past months Ewatski repeatedly justified his actions by advising
the union that, "if they knew what he knew," they would
understand why he placed the officers on administrative leave.
Until yesterday, Ewatski had refused to say what that information
was.
It's not known if Ewatski gave
the union any documentation to back up his position.
Other reports have also remained
under wraps. The first is a year-old document from Alberta assistant
Crown prosecutor Larry Stein that recommended no criminal charges
be pursued against the officers. The second is a report from
the Ontario Provincial Police that reviewed the Winnipeg police
internal report into the Tokarchuk affair.
Ewatski has said he placed
the officers on paid leave to ensure the internal probe was transparent.
He also placed deputy Chief Jim Thompson and Insp. Blair McCorrister
on administrative leave.
All officers returned to work
around Christmas last year. Thompson, Bellingham and Oakes have
retired.
The six officers also claim
they've been the subject of suggestions they acted inappropriately
and have had their integrity questioned when called to testify
in criminal court cases. They want a public apology from Ewatski
and payment of lost overtime and shift premiums -- about $10,000
to $20,000 each.
They also claim their families
have suffered both psychological and emotional harm as a result
of the case.
Both sides agreed to arbitration
to settle the matter, but in the early stages attempted to move
it behind closed doors because of the possibility the informant
might be identified and that publicly identifying the officers
could reveal personal or intimate details about the impact on
their lives of being put on forced leave.
Wood disagreed on the second
issue, but still ruled to move the case in-camera out of concern
the informant's identity was at stake if the hearing was open
to the public.
The Free Press challenged Wood's
decision, and in a Court of Queen's Bench ruling Monday won its
case to open up the hearing to the public.
"An important public right
is at issue," Judge John Scurfield said. "Closure of
such hearings should be a rare exception."
It's believed Tokarchuk, 24,
was killed in revenge for the May 12, 2002 shooting death of
Zig Zag Crew gang member Trevor Savoie. Tokarchuk's brother,
Daniel, was charged with killing Savoie. His jury trial is expected
to start Nov. 1.
The Zig Zag Crew are considered
foot soldiers for the Manitoba chapter of the Hells Angels.
No one has been arrested in
Kevin Tokarchuk's death, but sources have said the gunman was
a gang associate who committed suicide earlier this year.
Days after the killing, it
was alleged that police knew of a threat against Tokarchuk, but
didn't do anything. Police sources have said some officers were
aware of the threat, but not its timing.
Ewatski placed the officers
on administrative leave in stages as the internal probe into
the allegation widened.
bruce.owen@freepress.mb.ca
© 2004 Winnipeg Free
Press. All Rights Reserved.
Editorial - Cloaked in
secrecy
Winnipeg Free Press,, September
2nd, 2004
ON May 12 last year Kevin Tokarchuk
was shot dead by an unknown assailant. No one has been charged
in his murder. His brother, Daniel Tokarchuk is charged and will
soon be tried for the murder of Trevor Savoie. Police believe
that Trevor Savoie was a member of the Zig Zag Crew who act as
"foot soldiers" for the Manitoba Chapter of the Hell's
Angels. The Free Press has reported that police received
a tip that Kevin Tokarchuk was to be murdered as revenge for
the murder of Mr. Savoie.
In investigating whether Kevin
Tokarchuk's murder might have been prevented, police Chief Jack
Ewatski placed six officers of the Winnipeg Police force on administrative
leave. He also placed Deputy Chief Jim Thompson and Insp. Blair
Corrister on administrative leave. Mr. Thompson and two of the
first six officers have retired, the others have since returned
to work. None has been disciplined for violating police policy
or procedures.
The six officers, however,
believe that removing them from active duty was treating them
unfairly. They filed a labour code grievance last December claiming
that their careers have suffered. That grievance was placed before
arbitrator Gavin Wood. Both sides in the dispute, the Winnipeg
Police Service and the officers' union, the Winnipeg Police Association,
argued, for different reasons, that the arbitration should be
held in private. The Free Press went to court to argue
that the arbitration involved matters of important public policy
and police action and procedure and should be open to the press
so that the public would know what transpired. The Free Press
won its case.
On Tuesday, the arbitration
resumed, but only very briefly. In a meeting with the police
association behind closed doors, Mr. Ewatski revealed information
not given previously -- why he had sent the officers home. Both
parties then asked for an adjournment of the arbitration. The
earliest it may resume is December. It may never do so.
Police forces must necessarily
act in secret. If they were to broadcast their methods, their
intelligence or their plans, then criminals would gain advantage.
It is in the interests of all to allow police to keep much of
their trade to themselves. It is, however, also in the interest
of the public to make sure that police procedure, tactics and
performance live up to the confidence and trust of the public.
An arbitration under labour
law is hardly the ideal method to examine police practice. The
publicity surrounding the arbitration, however, the claims of
the officers and the administration's desire for secrecy have
raised numerous questions that the Winnipeg Police Service now
needs to answer. If a tip was received that could have prevented
a murder, what happened to it? Was there a simple everyday mistake
or was the failure to communicate and act on a tip an example
of a fundamental and systemic flaw in the way the police in Winnipeg
operate?
What is known is that an innocent
man, Kevin Tokarchuk is dead. His death may have been preventable.
The public needs an accounting of what happened, why it happened
and what might be done to prevent it happening again. The duty
to do that starts with police chief Jack Ewatski.
- © 2004 Winnipeg Free
Press. All Rights Reserved.
-
-
- Police hearing halted
until December
- Ewatski promises to
give union material about Tokarchuk case
By Bruce Owen, Winnipeg
Free Press, September 2nd, 2004
A hearing into why six police
officers were placed on leave in connection with the 2003 gang-related
killing of Kevin Tokarchuk will not resume until at least December,
a police union lawyer said yesterday.
Winnipeg Police Association
lawyer Keith LaBossiere said he and other union officials met
with Police Jack Ewatski yesterday and were promised material
regarding the case would be turned over to the union next week.
LaBossiere, who acts for the
six officers, said he will need time to review the confidential
documents before hearing dates can be arranged.
The hearing was originally
to be held behind closed doors, but was forced into the open
by a successful court challenge launched by the Winnipeg Free
Press.
The arbitration proceedings
were delayed indefinitely Tuesday when Ewatski disclosed information
vital to the case in a closed-door meeting moments before he
was supposed to testify.
He had been called as the first
witness to explain why he placed the six officers on administrative
leave days after Tokarchuk was shot to death May 12 last year
in a suspected gang-revenge killing.
The six officers, Mark Mirwaldt,
Doug Lofto, Dave Lysyk, Jeff Bellingham, David Oakes and Lyle
Loehmer, claim they were wrongly placed on paid leave by Ewatski
and that their careers and personal lives have suffered because
of it.
They want a public apology
from Ewatski and payment of lost overtime and shift premiums
-- about $10,000 to $20,000 each.
The officers have never been
disciplined by the service for violating any police procedures
or policy and an independent report last year recommended no
criminal charges should be laid.
LaBossiere also said two other
matters may delay the arbitration hearing until Christmas.
Arbitrator Gavin Wood, a city
family lawyer appointed by the province to adjudicate the dispute,
has another court case in the fall to deal with, making him unavailable
before December.
And a jury trial involving
Tokarchuk's older brother, Daniel, is set to begin Nov. 1. It's
expected the arbitration hearing would not be held while the
case is before the jury.
Lawyers for both sides are
to speak with Wood today about the possibility of setting another
date to continue the hearing.
It's believed Kevin Tokarchuk
was killed in revenge for the May 12, 2002 shooting death of
Zig Zag Crew gang member Trevor Savoie. Daniel Tokarchuk was
charged with killing Savoie.
The Zig Zag Crew are considered
foot soldiers for the Manitoba chapter of the Hells Angels.
Kevin Tokarchuk, 24, was shot
at his family's Churchill Drive home.
No one has been arrested in
Kevin Tokarchuk's death, but sources have said the gunman was
a gang associate who committed suicide earlier this year.
Days after his killing, it
was alleged that police knew of a threat against Tokarchuk, but
didn't do anything to warn him or his family. Police sources
have said some officers were aware of the threat, but not its
timing.
Tuesday's hearing was also
delayed because of a fear sympathizers of the Hells Angels would
also be attending. However, no gang members, associates or family
members were seen.
bruce.owen@freepress.mb.ca
© 2004 Winnipeg Free
Press. All Rights Reserved.
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
