The Canada Border Services Agency hasn't finished arming all of its officers yet, but it has already been embroiled in a dispute with a superintendent who mishandled his loaded gun.
The case involves Brian Eden, a superintendent and special investigator at the Rainbow Bridge border crossing in Niagara Falls, Ont. On Dec. 22, 2008, Mr. Eden felt sick and decided to head home, according to filings at a federal tribunal. Instead of unloading his gun and storing it in an assigned secure locker, he stuck it in the drawer of a filing cabinet. When other officers discovered the gun was missing, Mr. Eden couldn't remember where he left it, according to tribunal filings. It was found by chance two days later.
Mr. Eden, who has been with the CBSA since 1998, had just completed part of his gun training a couple of months earlier and he was in charge of a criminal investigation unit.
The incident rattled the CBSA and prompted a flurry of activity among senior management in Ottawa, filings show. "It was the first such incident for the CBSA and no one was certain what to do," Dave Berardi, the district director for Niagara Falls, told the tribunal.
Mr. Berardi and others testified that senior officials considered calling in another police force to handle the case, but later decided to deal with it internally. They also considered firing Mr. Eden immediately but opted for a suspension instead. However, they couldn't agree on the length of the suspension, debating whether it should be as much as 20 days. In the end they settled on a 10-day suspension without pay.
Several witnesses told the tribunal that CBSA officials were acutely aware of the controversy surrounding the move to arm officers and they wanted to send a strong message. The incident "took place in a highly politicized environment, and the employer wanted to ensure that the response was appropriate," tribunal filings show.
Mr. Eden wasn't happy. He appealed the suspension to the tribunal, which is part of the Public Service Relations Board, arguing it was unfair. Mr. Eden told the tribunal he had a good employment record and that the incident was a "momentary lapse of judgment." He also said the CBSA was going overboard to "set a tone for the future." The controversy over arming officers has subsided, he added, which meant the CBSA could lower the penalty "with no risk to the CBSA."
The CBSA argued the suspension was appropriate because Mr. Eden had committed a "serious safety infraction." The agency added that it had to be able to rely on its officers to know how to store their guns properly, and "thus deterrence is important."
The tribunal sided with Mr. Eden and cut the suspension to five days. In the decision released last month, adjudicator Kate Rogers said the 10-day suspension "was too heavy." Mr. Eden's "error was a single act of carelessness, not willful misconduct, in an otherwise unblemished career," Ms. Rogers wrote. She ordered the CBSA to reimburse Mr. Eden for five days' lost pay.
In a statement, the CBSA said it "has no intention of appealing."
The CBSA started arming 4,800 officers in 2007 after years of acrimonious debate and labour unrest over the issue. Border officers have long argued that guns are necessary because they face potentially dangerous situations. Others, including former RCMP commissioner Giuliano Zaccardelli, have called the move dangerous. Prime Minister Stephen Harper backed the idea during the 2006 election and announced a 10-year initiative to arm officers shortly afterward.
So far, the CBSA has armed 1,584 officers, located mainly at ports and inland border crossings. It has also dealt with 17 other violations of gun policy. "We can confirm that where employees have been found to be in breach of CBSA arming related policies, each case is fully investigated and, when required, administrative sanctions are applied," the agency said.