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Calgary
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Calgary police
Police officer admits
link to website
Constable refuses to ID any others
Emma Poole, Calgary Herald, May 03, 2005
CREDIT:
Grant Black, Calgary Herald
Const. Taufiq Shah, with wife Rhonda, claims to be the sole police
officer behind a controversial website.
A Calgary constable has come
forward claiming to be the sole police officer behind a high-profile
website that criticized the force and its chief -- and is willing
to lose his job with the admission.
Const. Taufiq Shah also admits
he deleted e-mails and information on the now-defunct site that
would have implicated other officers' involvement.
"I expect to get hammered
now. I'm not going to hide," Shah said Monday afternoon.
"I'm glad a lot of it is off my shoulders."
Shah acknowledges his role
in the site, which first appeared last fall, was bound to come
out sooner or later.
Last week, it was revealed
police Chief Jack Beaton had settled a lawsuit against two people
-- Jann Vahey and her husband, Rene Fisher -- over their participation
in the website that attacked his leadership.
As part of the settlement,
the pair, who admitted to uploading information to the site,
agreed to pay $5,000 toward Beaton's legal bills.
The couple is also required
to disclose others involved in the websites, known as Standfirm
and a successor dubbed Code 200 -- a reference to the police
radio transmission signalling an officer in trouble.
The newer site consisted mainly
of responses excerpted from an internal police union survey critical
of management and giving poor performance ratings to senior officers.
Shah, who is a Muslim of Pakistani
origin, has been on long-term disability since March 2003.
He lodged a complaint in April
2004 claiming Beaton failed to act on a formal complaint that
the constable was allegedly the target of racist taunts, intimidation
and harassment from fellow officers.
After reviewing Shah's complaint,
the police commission ruled Beaton did not breach policing regulations.
Beaton's lawsuit against Vahey
and Fisher triggered controversy when it was first revealed it
would be paid for by a municipal legal fund.
Beaton has been criticized
for initially having the lawsuit documents sealed and for obtaining
a rarely used court order to seize a computer from Vahey's southeast
home.
The case, which had been kept
under wraps for months after a judge sealed its contents, was
partly revealed after the Calgary Herald and two other media
outlets challenged the sealing order.
"Beaton is on a witch
hunt. He's not going to find any more," said Shah. "My
main thing now is that I am going to protect (their) anonymity."
Calgary Police Service spokesman
Robert Palmer said the department will push forward with its
investigation despite Shah's claims he is the only person responsible.
Vahey said Monday she is still
interested in sitting down with Alberta Solicitor General Harvey
Cenaiko to discuss what she believes are major problems inside
the force.
"I think there needs to
be an inquiry," said Vahey, who stands by her apology to
Beaton. "This was done for police to give them a venue."
Despite the controversy, Shah
wants to return to the force as an officer.
He admits it will be hard,
but said there are dozens of officers who have been supportive
in his bid to return.
The police service said it
can't comment on Shah's attempts to return to work because of
confidentiality rules.
epoole@theherald.canwest.com
© The Calgary Herald 2005
Police chief settles
with couple behind critical websites
CBC, Apr 30, 2005
CALGARY - Calgary's police
chief has reached a settlement with a couple who were involved
with websites that accused him of being a "rotten apple"
running a "corrupt" administration.
Calgary
Police Chief, Jack Beaton.
Under an out-of-court deal
announced Friday, Police Chief Jack Beaton will get both an apology
and $5,000 toward his legal costs after Janette Vahey and Rene
Fisher admitted to uploading the websites to the internet.
"You can't just spread
malicious lies about people and not be held accountable for your
actions," Beaton said.
The sites, which started the
attacks last fall, were filled with anonymous complaints from
people who said they were members of Calgary's police service.
They complained of racism,
harassment and corruption within the force, saying the chief
didn't do enough to stop it.
In an interview, Vahey said
she had nothing to do with the content on the sites, but helped
post it on the internet.
She said she and her husband
wanted to help, believing the complaints from both police officers
and civilian staff weren't dealt with properly.
"We really and honestly
didn't know what we were getting ourselves into," she said.
Beaton used a rare civil legal
move to seize a computer from the couple's home, in an effort
to determine who was behind the websites.
At the same time, a sweeping
gag order was issued that prevented anyone from talking about
the case or reading documents related to it. That was lifted
Friday.
Jan Vahey
The chief said he tried to
find those behind the websites so that he could defend the force
and ensure the public trusted its members.
According to documents released
Friday, Vahey and her husband have agreed to tell the chief who
else may have been involved.
However, Vahey said she wanted
to continue battling the chief in court, but thought it was futile.
"I really believe that these concerns need to be investigated
further."
Under the terms of the settlement,
the couple and their lawyers must also attend a confidential
meeting to answer questions from Beaton and as many as 30 people
that he selects.
Beaton said he's not convinced yet that any of the complaints
were coming from police officers or from any of his civilian
staff.
check
posts from April 15
|
Captain's Quarters Blog
Police Chief And Critics
In Legal Battle
a-Channel news, April 15
, 2005
-Police chief Jack Beaton and
his critics are locked in a bitter legal battle. It's a civil
court battle that the chief is using your money to fight.
Critics of the Calgary Police
Service are outraged over tactics being used to uncover the person
behind a controversial website. "Standingfirm" claimed
to speak on behalf of officers who were bullied or harassed by
the police administration. It spoke critically of Chief Jack
Beaton - calling him a rotten apple. He vowed to find out who
was responsible and earlier this month obtained a court order
to enter a home belonging to a woman alleged to have run the
site.
"This is, to me, is serious
allegations enough for the Chief to get to the bottom of this,"
said Calgary Police Commission member Craig Burrows.
Burrows is backing the chief's
decision to use the rarely used order known as an Anton Pillar.
It is sometimes used when there are concerns that evidence is
about to be destroyed.
"The criticism is more
then criticism, it's attacking the very core of the police service,"
said Burrows.
The Anton Pillar order is not
available to view as it has been sealed by the court. A-Channel
News is seeking to fight that order. Even the woman allegedly
behind the site is not allowed to talk about the search that
took place at her home. She is under a gag order.
The chief has no comment, as
the matter is before the courts.
But former police officer and columnist Leo Knight says he's
concerned public funds are being used in this legal battle --
an issue Burrows has no problem with
"This seems to be a case
of using a sledgehammer to squash a gnat if you will," said
Knight.
"To me public dollars
are spent wisely here because it's protecting public assets,
the Calgary Police Service," said Burrows.
A-Channel News is hoping to
appear before the judge who issued the sealing order - in an
effort to get more information about this rarely used tactic.
Copyright 2004 CHUM Limited
- All rights reserved.
Travesty of Justice plays
out in Calgary
By Leo Knight (Prime
Time Crime exclusive April 10, 2005)
There is a travesty being played
out in this country this week. It involves an incredible abuse
of power and authority and public money.
No, I'm not talking about the
Gomery inquiry and the stunning depictions of corruption involving
the Liberal Party of Canada.
I'm talking about Calgary and
the incredible actions taken by the Chief Constable of the Calgary
Police Service, Jack Beaton, to stifle criticism of him. With
Stalin-like precision he got his own secret police to investigate
the origins of a website critical of his management.
He obtained a civilian search
warrant, called an Anton Piller order, to secure computers and
other evidence from the private home of a South Calgary couple.
The order contains some bizarre gag orders that prevent Jann
Vahey, a transcription clerk for a service contracted to the
police department, from telling her story, about why she went
to bat for the rank and file officers and that she was not attacking
the service as Beaton claimed.
Not only will Vahey not speak
about the situation, but she also can't use her remaining computer
to access email or even the internet, so sweeping is the court
order obtained by Beaton to shut her up.
Uncle Joe would be so proud.
Judging from the comments in
the Calgary Herald story (Saturday, April 9th, 2005) Beaton has
financed his revenge-driven investigation with taxpayers'
money. Alderman Craig Burrows said as much in his comments to
the Herald. Beaton can trumpet about his actions protecting
the reputation of the Service all he wants, but make no mistake
about it, this is all about Jack. And, it would appear he
doesn't care who he destroys in the process of soothing his out-of-joint
proboscis.
The Standfirm website, as I
read it, was all about Jack and how the "Core Values"
trumpeted by the management of the police service was more demonstrative
of the "Do as I say, not as I do" style of management.
Beaton was sputtering with anger when he was first contacted
by Herald reporter Suzanne Wilton and told her he would get whoever
was behind it. Well, it would seem in that at least, Beaton is
a man of his word.
But, what of the methods employed?
An Anton Piller order is meant
to be an extreme remedy. It is not something used everyday.
My sources tell me the order was granted in late 2004 against
a John and Jane Doe. This, if accurate, seems extreme
in itself. How can any court in a country like Canada, issue
a broad search and seizure order for a private home and an equally-sweeping
gag order against someone of whom it doesn't even know the identity?
An order I might add, was executed a week ago by a Police Inspector,
a Staff Sergeant and at least four others.
One wonders if that application
and order would stand the test of appeal or other legal scrutiny?
Of course though we, and the good burghers of Calgary who have
financed this outrageous action, can't actually discern that
with the order sealed. Yup, that's right. Not only
has Vahey been gagged, the order has been sealed by the court
so we, the public, cannot see what is being done in our name,
let alone to determine if it was fair or not.
I suspect what Beaton is really
up to here, is to try to find out who was involved with Vahey.
I'd bet he wants to know who else in the department was so bold
as to be involved with a website aimed at criticizing him. Well,
considering the Calgary Police Association's own poll last fall
said 70 per cent of the membership has no confidence in him as
the Chief Constable, it would seem the suspect list is quite
large.
Look in the next few days for
Beaton to make his next move, which I'm betting, will be to attempt
to pressure Vahey to turn over FTP publishing protocols and passwords
so Beaton's hounds can look for the IP addresses of anyone who
may have posted to the original website or its offspring, Code200.com.
In true witch hunt form,
Beaton will be looking for the identity of any Calgary police
officer who may have posted or emailed information to Vahey.
So much for looking after the rank and file, on who's behalf
Beaton claims to be acting.
If I were a serving member
of the Calgary Police Service, I would be keeping my head down
and my butt covered as the inevitable witch hunt starts to gather
steam. And, if I was a taxpayer in Calgary, I would be
outraged at what is being done in my name and with my money.
And if I were Jann Vahey, I would be screaming from the parapets
about the outrage being committed against someone who was only
trying to do the right thing for her city in what is supposed
to be a free country.
leo@primetimecrime.com
Police chief goes to
court to seize computer from civilian employee
By Daryl Slade and Suzanne
Wilton, Calgary Herald, April 09, 2005
Calgary Police Service Chief
Jack Beaton has obtained a secret court order to seize from a
civilian employee of the department a computer believed to be
used in creating a website critical of his leadership.
The Anton Piller Order, a rarely
used legal remedy aimed at preserving evidence in specific civil
court cases, was executed by several police officers Saturday
at the southeast Calgary home of Jan Vahey, who is contracted
to do transcription work for the police service.
The order -- along with the
reasons it was sought and approved by the judge -- have been
sealed by the court, keeping its contents secret. Vahey
said she's forbidden by the court order from speaking to anyone
about it.
"Please do not ask me
any questions," Vahey said when contacted by the Herald
this week. "I'm not in the position to respond."
One of Vahey's lawyers in the
case is former police chief Christine Silverberg, Beaton's predecessor.
Silverberg did not return phone messages.
Beaton was tight-lipped this
week about the matter.
"I'm sorry, I can't make
any comment on this situation at all. It's before the courts.
It's a court order," he said.
The initial website, called
Standfirm Team, came to the attention of the police administration
last October and criticized Beaton as "a rotten apple to
be tossed out of the barrel."
The website purported to represent
those civilian and sworn members of the service who "have
either been victims of tyranny, politics, harassment, bullying,
racism, constructive termination, etc."
 At
that time, Beaton called the site, whose authors took great pains
to remain anonymous, "mean-spirited and in poor taste."
"Clearly, the authors
have no regard whatsoever for our members who wear the uniform
with pride," he said last year.
Ald. Craig Burrows, a member
of the Calgary police commission, wouldn't comment about anything
discussed privately between the commission and Beaton, but defended
the top officer's actions.
"The chief is not using
public dollars to go on a witch hunt for himself," said
Burrows. "He is trying to protect the integrity of the police
officers and the service itself. The chief has assured us, if
he is ever to do a civil suit, he would not accept a dollar.
"The chief is sending
a strong message that, if you're going to make outlandish accusations,
you better be able to prove it. People shouldn't be able to hide
and say things to destroy people's reputations and feel someone
won't catch them and hold them accountable."
Civil liberties lawyer Stephen
Jenuth said Anton Piller orders are relatively rare, but most
often used in lawsuits involving libel and intellectual properties,
such as copyrights.
"They are used usually
when other parties to the lawsuit might destroy items or they
might disappear if (the party) went through the normal process,"
said Jenuth.
Jenuth said the police action
in a civil case "would seem a little over the top."
He also agreed there should
be a time limit on such orders, suggesting they should be lifted
once the evidence has been gathered and there is no longer a
fear of it being destroyed.
"Once these things have
been acted upon, they should be open to public scrutiny,"
he said. "Maybe there are confidential sources that may
not be disclosed, but I'm not sure the rest of the action should
be secret."
In late October, Beaton turned
loose a legal team to unearth the authors of the website and
"hold them fully accountable for their actions."
The website also attacked the
Calgary Police Commission, which it described as a "puppet"
and called for a "non-biased third party" to investigate
cases that Beaton and the commission have allegedly buried.
dslade@theherald.canwest.com
swilton@theherald.canwest.com
© Calgary Herald
2004
Website gagged as Calgary
police chief wins court order
CBC News, Apr 15, 2005
CALGARY - A website critical
of Calgary's police chief and his senior managers has been shut
down, after the chief used a rare legal tactic to seize a computer
from a private home.
Chief Jack Beaton obtained
a civil court order this month to enter the home of a civilian
police employee and seize the computer.
Russ Brown, a legal expert at the University of Alberta.
A sweeping gag order issued
at the same time prevents anyone from talking about the case
or reading documents related to it, which have been sealed.
CBC and other city media are
arguing against that order.
Russ Brown, a legal expert
at the University of Alberta, says the method Beaton used "is
the most extraordinary civil remedy that can be issued pretrial."
Beaton says he isn't able to
discuss the case.
However, Ald. Craig Burrows,
who sits on the police commission, says Beaton acted properly.
"I think any time you
go after the morale of a service or the morale of a city that
takes pride in its service, the chief has a right to act,"
Burrows said.
"I'm afraid we live in
a culture today where you can say anything you want about people,
as negative as it is, and you don't think you can be held accountable.
I think our chief is just basically ensuring that, moving forward,
if you're going to say something that's going to affect the reputation
of the service and officers, you have to have evidence to support
that claim."
Chief's administration called
'corrupt'
Messages on the site said it
spoke for officers who had suffered under Beaton's "corrupt"
administration.
It stated: "We are the
police, the communications officers, the administration staff
and other police service members and employees that either have
been the victims of tyranny, politics, harassment, bullying,
racism, constructive termination, etc., or we know someone who
has."
Last fall, Beaton was quoted
in the Calgary Herald as "vowing to take every measure necessary
to get those behind the website."
He has also called the site
"mean-spirited" and "in poor taste."
Four current or former police
officers, who agreed to talk to the CBC about their concerns
as long as their names weren't used, said promotions on the force
are based on who you know, and that racist and sexist behaviour
is tolerated.
Rhonda Shaw's husband is a Calgary police officer out on stress
leave.
Some have left force over problems:
officers
Beaton's actions with regard
to the website also came in for some criticism.
"He's gone on a witch
hunt, looking for whomever, whatever is involved and they're
dedicating resources to that when we're short cops on the street
and they're going around doing all of this secret, covert stuff,"
one said. "I'm upset by it."
The four officers said they've
seen people leave for other police services because of how they
were treated in Calgary.
Rhonda Shaw's husband is an
officer out on stress leave from the Calgary police force
the victim, she says, of racism and bullying.
Shaw said she collected some
of the stories that appeared on the website.
"Why should I be afraid
of the truth? I am not afraid of the truth," she told CBC
News.
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Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
