B.C. asks court to toss Taser lawsuit

The company that manufactures Tasers has no more right to dictate regulations for their use than cigarette makers do over second-hand smoke regulations, says the B.C. government.

Craig Jones, a lawyer for the province, told a B.C. Supreme Court justice Monday that if the company is successful with its application to quash the findings of a public inquiry, it would be akin to giving Taser International that power.

The province is asking the court to toss Taser's court action against a report prompted by the death of Robert Dziekanski at Vancouver's airport.

'Taser's assertion of harm to its reputation remains without any evidence whatsoever' B.C. government lawyer Craig Jones

The report released last year after the first phase of the inquiry by former judge Thomas Braidwood found that shock weapons pose a risk of serious injury or death.

It set out recommendations for their use and cautioned against multiple stuns. Both the B.C. Solicitor General and the RCMP endorsed the recommendations.

The report from the second phase of the inquiry hasn't been released, but is expected to be out by this summer.

Taser alleges bias

The Arizona-based weapons manufacturer alleges bias, and even dishonesty, on the part of some witnesses led to the first report's conclusion.

Jones told Justice Robert Sewell that under the law, the commissioner was not allowed to make findings of misconduct in that first phase of what is a two-phase inquiry. The first phase looked at Taser use in general by law enforcement agencies in British Columbia, while the second examined Dziekanski October 2007 death specifically.

Because the commissioner did not make any finding of misconduct, the manufacturer has no right to the court action, he said.

"Taser's assertion of harm to its reputation remains without any evidence whatsoever," Jones said.

Jones said the company's main complaint is that it disagrees with the findings.

"It continues to dispute that there is a risk however small associated with Taser use," he said.

Dziekanski died in October 2007, during a confrontation with RCMP.

Police had been summoned after an agitated Dziekanski began throwing furniture around, and within seconds of the four officers' arrival, he had been jolted several times with a Taser.

The would-be migrant from Poland died on the floor of the airport.

Taser has faced many lawsuits

A successful court challenge by Taser would undermine the regulations the government routinely puts in place on product use, Jones argued, using the example of Health Canada regulations to limit second-hand smoke in the work place.

"Could the tobacco companies who disagree with the government about the risks of second-hand smoke really have the right of (a stay) with respect to Health Canada studies?" he asked.

Jones said there would be no end to court applications by manufacturers if that were allowed.

He called Taser's application to have the findings quashed both "offensive and abusive," adding Taser's discontent with the commission findings has turned into allegations that the process must have been biased and dishonest.

The company's allegation of dishonesty focuses on Dr. Keith Chambers, a physician who helped the commissioner interpret much of the medical information submitted as evidence.

Chambers' lawyer, John Hunter, told the court that the company's application is "pure intimidation" and an attempt by Taser to silence to anyone willing to stand up to them.

Taser has a history of legal action in defending its products and last year saidthat it had won its 100th dismissal of a liability lawsuit.

Taser's lawyer has yet to be heard from at the Vancouver court hearing.