Pubdate: Fri, 24 Nov 2000 Source: Vancouver Sun (CN BC) Copyright: The Vancouver Sun 2000 Contact: 200 Granville Street, Ste.#1, Vancouver BC V6C 3N3 Fax: (604) 605-2323 Website: http://www.vancouversun.com/ Author: Lindsay Kines, Vancouver Sun Series: Searching for solutions - Fix on the Downtown Eastside http://www.mapinc.org/thefix.htm ON THE BEAT With dealers shielded and few treatment options for addicts, cops must strike a fine balance. By Lindsay Kines Vancouver Sun Nov. 24, 2000 Late on a Thursday evening, Constable Clive Milligan of the Vancouver city police turns his cruiser into the alley on the south side of East Hastings and pulls to a stop. In the glare of the car's headlights, people scatter from the alcoves and doorways in what police call "The Lane of Shame" -- a short stretch of blacktop carpeted in needle wrappers and reeking of garbage. Milligan rolls down his window as a man in a hooded jacket walks quickly past the car and makes a break for the street. "How are you doing?" Milligan says. "Stand over here in front of my car." Like so many police officers on the Downtown Eastside, Milligan has learned to read the street like a second language. Over the noise of the car engine, he can detect the clink of a crack pipe being dropped behind a dumpster. Or he can spot, in the shadows, the quick but sure movements of an addict tossing his dope in the trash. As the man steps to the front of the cruiser, Milligan climbs out, shines his flashlight on the ground and stoops to retrieve a folded piece of paper. The flap contains a "point" of heroin -- a tenth of a gram worth about $10 at the corner of Main and Hastings. But Milligan, a 14-year police veteran and the acting sergeant on shift this night, knows it would be difficult to pin the drugs to the man now standing before him. "The defence would be all over me. 'How much litter is in that alley? Did you see him drop it?' "No. But I thought he might have. "'Oh. Could he have dropped a cigarette butt?' "Yes. "'And how many people were in that lane? "Well, two for sure. "'How many in this lane during the day? "Hundreds." Milligan knows all this as he questions the man, whose black, lank hair hangs over his face. He was in a recovery program, he says. His friend got sick and died. Upset, he smoked a joint to take the edge off, failed a urine test, and got tossed from the program. Now he's here on East Hastings and back on heroin. After a few minutes, Milligan tells the man he can go. Then it happens. In a scene that illustrates how things have become on Vancouver's Downtown Eastside, the man turns as he is walking away and asks for his drugs back. Milligan refuses. "We're not in the business of handing out drugs to people we've just taken them off," he says, later. "Obviously, that's a ridiculous concept. But that's what he figured was his last chance. That's the desperation. He's asking the police to give him dope. It's pretty absurd, really." Absurd, but perhaps to be expected these days on the Downtown Eastside, where the drug problem has spun so far out of control that nothing seems clear anymore. Now, addicts ask police for drugs. Now, people openly smoke crack outside the Carnegie Centre at Main and Hastings, while dealers brazenly ply their trade in full view, holding wads of cash and Tic Tac boxes filled with crack cocaine, even as people board buses to the suburbs. As governments search for answers, the police have been left largely alone on the front lines to deal with the fallout, one crisis at a time. It is a confusing place to be. The Vancouver police department has tried to strike a balance by enforcing the drug laws even as they argue that enforcement alone won't solve the problem. "Canada has never had a war on drugs," Deputy Chief Gary Greer says. "That's an American euphemism." The new laws, bigger prisons, tougher sentencing, zero tolerance at the borders. "All of that occurred there," he said. "It has not happened here." Here, the Vancouver police board and the police department recently endorsed a drug policy that stresses enforcement, yes, but also treatment, harm reduction and prevention -- the so-called four pillars of the Vancouver Agreement. "The Vancouver police board and the Vancouver police department accept that substance addiction should be dealt with as a health and social issue and not a criminal one," the policy states. The department stops short of endorsing safe injection sites or heroin maintenance. But the policy does support a "comprehensive continuum of care model for substance abuse" that includes prevention, detox, counselling, housing, training and literacy education. Nor does this seem to be a case of window dressing, a bromide thrown at the media and community groups while beat cops are out there busting chops. In fact, it's hard to find an officer, whether in management or standing on a street corner, who doesn't believe problems on the Downtown Eastside are beyond their control. "This is not a police problem," Sergeant Doug Lang says, echoing the Vancouver Agreement almost word for word. "This is a health problem and a community problem and a social problem." Unfortunately, the reality is, many of the resources pegged in the policy papers as part of the "continuum of care" simply do not exist. Sergeant Mark Horsley, who oversees the "Dawn Patrol" on the Downtown Eastside, says he is routinely approached by two groups of people: "People who want drug treatment and there's generally no place to take them; and people who have mental problems to the level that they really feel the need for institutionalization, and you can't do it." In one case, Horsley said he encountered a mentally ill man who wanted to be back in care so badly that he planned to rob a bank to get there. Horsley managed to stop him during the day, but that night, after the bank closed, the man robbed a McDonald's. "You're dealing with a guy who doesn't even belong in the court system," Horsley says. So much time is spent dealing with the mentally ill and other aspects of the social services that policing sometimes takes a back seat. Last week, as Constables Ian Upton and Tim Houchen prepared to give a Vancouver Sun reporter a tour of the Downtown Eastside, they were called to an apartment off Commercial Drive where a mentally ill man claimed to have a gun and was threatening to harm himself. For the second time in nine days, police headed to the apartment along with a negotiator, paramedics and an entire emergency response team. In the end, the man had no gun, refused to go to hospital voluntarily, and had to be arrested under the Mental Health Act. Then, for five hours, the police officers waited with him at Vancouver Hospital until he could be examined and admitted, five hours they could have been walking the beat at Main and Hastings. The situation, they said, was typical. No wonder senior members of the Vancouver city police often sound more like social policy analysts these days. Yes, their pillar -- enforcement -- is crucial, they say. But they also point to the desperate need for expanded mental health services, better housing, drug-treatment beds, training programs and education. There are too many children at risk on the Downtown Eastside, they say, too many illegitimate businesses fronting the drug trade, and too many bar stools in a neighbourhood with too many other problems. Dealer Makes $1,000 A Day The conditions, they say, force them to get creative. They crack down on hotels to force them to improve people's living conditions. They've gone after liquor establishments for over-serving alcohol and harbouring drug dealers. They played a key role in getting rice alcohol pulled off the shelves of corner stores. And yes, police do conduct undercover buy and bust operations to attack the drug traffickers and restore order on the street, says Greer, a former inspector on the Downtown Eastside. But it's rarely as easy as it looks. "Some people believe police have these huge all-encompassing powers and we don't," he says. Police need probable grounds to arrest and search someone. They need evidence to make an arrest and get a charge. But dealers are aware of how police and the courts work, and have set up their businesses accordingly. Many of the dealers carry the drugs in their mouth -- rocks of crack wrapped in plastic that look like pieces of roasted peanuts. If the police approach, they swallow the evidence. The buy and busts attempt to get around this by having undercover officers purchase drugs directly from the dealers. But the dealers have learned to use middle men or "middlers," who are often drug addicts themselves. One holds the drugs, the other the cash, while a third steers buyers from one to the other. The main dealer, who does not have substance-abuse problem and works simply for the money, stands back and runs the operation. One such non-addicted dealer, interviewed by The Sun, claims to clear more than $1,000 on a good day after paying off his supplier and his "staff." He works a seven-hour shift at Main and Hastings, selling crack and powder. So far, he says, he had sent more than $60,000 back to his parents in Latin America. He has never been arrested, he says, and has never carried more than $5 in his wallet. "It becomes our challenge to get to them," Horsley responds. "If we could do it half the time, I'd be thrilled." Yet even when police do bust people, it rarely keeps them off the street for long, Greer says. "We arrest. We charge. But they're released prior to their trial to carry on down there. And, when their trial does occur and they're convicted, if you look at sentencing, very few get any kind of sentence and they're back on the street again." If they're addicts, they're back committing crime to support their habit or middling to earn one rock of crack cocaine for every 10 they sell. It is a frustrating cycle for police, especially when they are faced with increased public pressure to stop the trade. Police have to consider the benefit to the community of sitting in an office, writing up a charge against an addict caught with a $10 rock, when they could be on the beat keeping a lid on street disorder. Accordingly, the department stresses "high visibility" policing, based on the belief that an officer's mere presence can provide a sense of safety in the neighbourhood -- even if the officer stands on a corner doing nothing. In police parlance, it's called "doing a Seinfeld," a nod to the television show about nothing that was, nevertheless, highly successful. In the first nine months of the year, there were three homicides in District Two -- down from 10 over the same time period in 1999, and officers credit the decline to their higher visibility. Where Are The Other Pillars? Not everyone agrees, of course. In the famously polarized and fractious Downtown Eastside, there are at least three distinct critiques of current policing practices. Groups like the Community Alliance, made up of residents and business people, want police to deal with drug use as they would anywhere else in the city. Otherwise, they say, the Downtown Eastside becomes a catchment area for addicts and dealers. If enforcing the laws means clogging the courts with addicts and dealers, so be it. That will put the onus on judges to do their job. Another constituency, one that includes many of those who provide social services, believes it is pointless to pursue and detain addicts, as all are sick and many are mentally ill. The more Seinfeldian the police, the better, since visibility and consistency will lead to a more orderly street scene. Then there is the view that the police are already far too visible, that they are engaged in heavy-handed, American-style policing of downtrodden addicts. Many addicts and former addicts would rather see much of the police budget channelled to services instead. Faced with so many diverse views, the police have tried to work with all the groups, while still upholding a semblance of the law. But time is short. Two years ago, city council committed 20 extra officers for three years to restore order in the Downtown Eastside. "The whole concept of us having these extra people was to hold the fort for a while to let other people, other agencies, other pieces of this puzzle get ready and to get in place and to get up and running," says Horsley of the Dawn Patrol. Two years later, none of those other pieces are in place. "Where's the health care?" asks Inspector Beach. "Where's the housing? Where are all the liquor inspectors?" Despite everything, police officials say beat officers remain motivated. "They can all see ways they can improve the big picture, but that's not stopping them from fulfilling what their obligations are," Horsley says. "The bottom line is we're going to hold up our friggin' pillar and we're going to hope that some other people get their pillars in while we're holding this pillar." "I would hate to think that five years from now it will be the same down there as it is today," Beach says. "I mean, can we afford that many more victims, that many more lost sons and daughters and grandchildren? Can we?" - --- MAP posted-by: Richard Lake