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the TPS must participate in an annual performance review, which involves a written<br />

evaluation by their supervisors. Supervisors must rank officers as to whether they meet,<br />

exceed, or do not meet expectations in a variety of performance categories, including<br />

personal, technical and core competencies. Supervisors are expected to discuss with the<br />

officer his or her responsibilities and development plan, as well as ensure that he or she<br />

has received sufficient human rights training. 28<br />

42. There are also opportunities for informal feedback and evaluation, such as<br />

debriefing incidents that occurred during a shift or reviewing Use of Force Reports to<br />

identify training needs. However, it is difficult to implement quality controls on these<br />

measures because each supervisor may use these opportunities with varying frequency<br />

and levels of focus.<br />

43. The Review heard that the Service faces challenges in making the annual<br />

performance review process constructive and meaningful for members. Officers may not<br />

take evaluations seriously unless they are accompanied by positive or negative<br />

consequences, such as promotions, awards, training requirements, or disciplinary<br />

measures. As discussed below, the legislative framework for police discipline and<br />

dismissal makes it difficult for the TPS to correct performance through disciplinary<br />

action. <strong>In</strong> this respect, the Service differs from most other professions, where it is<br />

understood that poor performance can lead to dismissal, even when the individual has<br />

not been disciplined or found guilty of misconduct.<br />

44. The performance review process can be used to ensure that officers receive<br />

positive reinforcement for appropriately de-escalating situations with people in crisis.<br />

Such skills should be evaluated and noted in the review process, and officers who have<br />

excellent de-escalation and communication skills should be recognized at the divisional<br />

and service-wide levels. Similarly, performance reviews that reflect the quality of<br />

officers’ skills in managing mental health crises could be very useful in the promotional<br />

process. De-escalation and communication skills, as well as experience, should be<br />

considered when assessing candidates for promotion to higher ranks and specialty units.<br />

E. Discipline<br />

1. Applicable legislation<br />

45. The <strong>Police</strong> Services Act (PSA) governs complaints against officers made to the<br />

Office of the <strong>In</strong>dependent <strong>Police</strong> Review Director (OIPRD) and to the TPS directly. 29<br />

Regardless of whether the OIPRD refers complaints against officers to the Chief of<br />

<strong>Police</strong>, a member of the public makes a local complaint to the TPS, or the Chief of <strong>Police</strong><br />

makes a complaint about a TPS member, the issue is dealt with through internal<br />

discipline procedures. The focus of this section is on those internal procedures.<br />

28<br />

Toronto <strong>Police</strong> Service, 809 “Uniform Performance Appraisal and Development Plan: Constable” (Toronto, ON: Toronto <strong>Police</strong><br />

Service, 2o12); see also Toronto <strong>Police</strong> Service, Uniform Performance Appraisal and Development Plan – User Guide (Toronto,<br />

ON: Toronto <strong>Police</strong> Service, 2002).<br />

29<br />

<strong>Police</strong> Services Act, R.S.O. 1990, c. P-15 [PSA]; Public Complaints - Local Complaints, O. Reg. 263/09 [Complaints].<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |167

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