Taser International Inc. is challenging the findings of the Braidwood Inquiry into the death of Robert Dziekanski at Vancouver Airport in 2007. Photograph by: Taser International , File

VANCOUVER — A commissioner's damning report on the use of Tasers in British Columbia is bad for business, a lawyer for the company that makes the stun gun argued in a Vancouver courtroom on Monday.

Taser International is challenging the findings of the first phase of an inquiry probing the use of the weapons in the province.

In his July 2009 report, commissioner Thomas Braidwood concluded that "conducted-energy weapons do have the capacity to cause serious injury or death" and that risk increases with multiple uses and when aimed near the heart.

But Taser lawyer David Neave told a B.C. Supreme Court judge Monday that Tasers are a safe weapon that do not cause serious harm or death.

He said Braidwood ignored most of the academic and medical literature submitted by the company.

Taser International officials submitted 174 academic and medical articles but Braidwood only referred to 60 in his report.

The company filed its legal challenge in August 2009 after the release of Braidwood's report following the first phase of the public inquiry.

The second phase of Braidwood's inquiry focused on the circumstances of the death of Polish immigrant Robert Dziekanski who was Tasered five times by RCMP officers at the Vancouver International Airport in October 2007.

Braidwood released his second report in June, saying that the Taser hits contributed to his death. He also found the use of the weapon was not justified.

Four Mounties responded to a 911 call reporting a possibly drunk man throwing around furniture at the airport.

Within 30 seconds of arriving at the scene, Dziekanski was Tasered five times and handcuffed. He died face-down on the airport floor.

The incident was captured on video by a bystander with a cellphone, and made headlines around the world.

An autopsy later found that Dziekanski, who did not speak English, had no drugs or alcohol in his system.

Before he was confronted by police, the 40-year-old had spent about nine hours wandering around the international arrivals area looking for his mother.

Airport officials told her to go home to Kamloops, B.C., because her son couldn't be found.

Taser's legal challenge is scheduled to be heard by Justice Robert Sewell over five days.

The company is hoping to quash parts nine and 10 of Braidwood's first report.

Part nine outlines the various medical and scientific research done in Canada and internationally on conducted-energy weapons

Part 10 of Braidwood's recommendations included restrictions on the use of the stun guns by police and the need for more training.