Police-Encounters-With-People-In-Crisis

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(a) Misconduct 49. Pursuant to the PSA, a police officer is guilty of misconduct if he or she: (a) (b) (c) (d) (e) (f) (g) violates a prescribed code of conduct; violates the provision concerning political activity; engages in secondary activities without the Chief of Police’s permission and is aware that the activities may contravene the Act; resigns during emergency contrary to the provisions of the Act; attempts to harass or intimidate any other person in relation to a complaint; contravenes the legislative provisions regarding inducing misconduct, withholding services, trade union membership, or dealing with money, personal property or firearms; or contravenes regulations regarding equipment, use of force, uniforms, police pursuits, or records. 41 50. Ontario has enacted a Code of Conduct for police officers. 42 Breaches of the Code are considered misconduct for the purposes of the PSA. The Code includes prohibitions against: (a) (b) (c) (d) (e) (f) (g) Discreditable Conduct, including: the failure to treat or protect persons equally without discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; oppressive conduct towards an inferior officer; incivility toward the public or another officer; and criminal conduct; Insubordination; Neglect of Duty; Deceit; Breach of Confidence; Corrupt Practice; Unlawful or Unnecessary Exercise of Authority, including making unlawful or unnecessary arrests, and using unnecessary force; 41 PSA, supra note 29, s. 80. 42 Code of Conduct, being sch. of O. Reg. 268/10. Police Encounters With People in Crisis |169
(h) Damage to Clothing or Equipment; and (i) Consuming Drugs or Alcohol in a Manner Prejudicial to Duty. 43 51. The Review received samples of internal reports of use of force-related misconduct investigations. Without commenting on the specific circumstances relating to any particular incident, it can be stated that the primary focus of the reports appeared to be whether the force employed met the minimum standards for legal justification. There was little emphasis on whether de-escalation techniques had been attempted, or whether the force used was as minimal as possible under the circumstances. The reports considered whether some applicable procedures were followed, but not all. 52. This focus on justifying the use of force employed by the officer can negatively affect both the Service culture and the efficacy of oversight bodies. The failure to focus on de-escalation can reinforce the idea within the TPS that the primary consideration for officers is what level of force can be justified after the fact, rather than whether force can be avoided by employing different tactics. It may well be that some officers need to see disciplinary measures taken for failing to attempt the use of de-escalation techniques in order for TPS members to appreciate more broadly the importance the Service places on avoiding death and injury, especially when called to assist people in crisis. 53. If internal investigative reports do not address these issues, TPS senior management and, in some cases, the TPSB, may not be able to assess whether the policies and procedures in place are adequate, and whether members are sufficiently held to account for breaches of those policies and procedures. Such reports could be more useful to both the TPS and the Board if they considered all procedures applicable to the incident (including, for example, the de-escalation requirements under the procedure relating to “Emotionally Disturbed Persons”), whether the officers involved met the standards of each of those procedures, and whether the Service’s procedures should be amended or supplemented to encourage officers to perform to the high standard expected of them. Further, misconduct investigation reports should review operational considerations such as whether an appropriate chain of command was established at the incident, whether the scene and subject were contained as much as possible, whether each officer present knew what role he or she was to play in resolving the situation, whether the appropriate supervisors were dispatched to the incident, and whether those supervisors arrived promptly. (b) Penalties 54. If found guilty of misconduct, an officer may be: dismissed; offered the opportunity to resign instead of being dismissed; demoted for a specific period and in a specific manner; suspended without pay for up to 30 days; directed to forfeit up to three days’ pay; or directed to forfeit up to 20 days off. 44 Alternatively, the officer may be given a reprimand or directed to participate in particular training or a specific activity. 43 Ibid. 44 PSA, supra note 29, s. 85(1). Police Encounters With People in Crisis |170
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POLICE ENCOUNTERS WITH PEOPLE IN CR
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ACKNOWLEDGEMENTS There are many ind
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EXECUTIVE SUMMARY
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(viii) best practices and precedent
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18. Chapter 3 provides a commentary
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exercised with that zero target in
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G. Recommendations 48. The 84 Recom
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viii. conducting routine monitoring
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CHAPTER 6: SELECTION OF POLICE OFFI
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CHAPTER 7: TRAINING Recruit trainin
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(b) (c) Exposure: providing officer
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(j) Valuing the Role of Debriefs: m
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De-escalation requirements RECOMMEN
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(b) (c) (d) (e) (f) (g) (h) increas
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RECOMMENDATION 51: The TPS encourag
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iii. iv. the disciplinary and train
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eports detailing any circumstances
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cooperation from other organization
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PART 1 The Independent Review
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9. Third, it is important at the ou
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23. As I emphasize in the Report, t
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CHAPTER 2. MANDATE, INDEPENDENCE, S
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(ii) (iii) (iv) (v) (vi) (vii) TPS
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20. The act of engaging in professi
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mental crisis and whose behaviour e
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(l) (m) (n) (o) (p) (q) (r) (s) a f
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3. Police College site visits 44. T
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Mike Creek Bethan Dinning Julian Fa
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CHAPTER 3. CONTEXT Table of Content
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service by the public. 1 The front
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society must bear. One result is, I
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perceived uncertainty as to whether
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Figure 2. Toronto Police Service or
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Command includes Communications (i.
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65. The objective of the course was
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78. Some may consider a statistical
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that period. These other deaths wer
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F. The legal context 100. Before pr
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(j) The internal disciplinary proce
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CHAPTER 4. THE MENTAL HEALTH SYSTEM
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Chapter 4. The Mental Health System
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police may reencounter the person i
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them to available resources, provid
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3. Accessibility of information reg
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how to recognize common mental illn
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mental illness can be impossible. T
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contains a section that addresses t
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60. When Communications Services re
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scene from its central location. Th
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with, and apprehension of, “emoti
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of people in crisis from TPS to the
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92. Procedure 06-04 directs Divisio
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103. The issue of sharing mental he
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under the Mental Health Act, as any
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III. Recommendations 120. Before se
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ii. iii. iv. providing cross-sector
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CHAPTER 5. POLICE CULTURE Table of
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Page 127 and 128: policing. That is an unfortunate at
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Page 132 and 133: Chapter 6. Selection of Police Offi
Page 134 and 135: of a police constable. Furthermore,
Page 136 and 137: 4. Education 19. A number of indivi
Page 138 and 139: 1. The Emergency Task Force 29. Psy
Page 140 and 141: elationship with a TPS member, the
Page 142 and 143: positions are directed to demonstra
Page 145 and 146: CHAPTER 7. TRAINING Table of Conten
Page 147 and 148: policing as compared to the data re
Page 149 and 150: services identified in the Police S
Page 151 and 152: my view, police training should aim
Page 153 and 154: 25. When recruits return from the B
Page 155 and 156: However, the Review also heard that
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Page 160 and 161: CHAPTER 8. SUPERVISION Table of Con
Page 162 and 163: can be considered for further promo
Page 164 and 165: 13. The TPS provides a two-part sup
Page 166 and 167: (a) (b) (c) (d) (e) (f) (g) (h) (i)
Page 168 and 169: 30. All TPS members are trained in
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Page 174 and 175: Further, a hearing officer may impo
Page 176 and 177: II. Overview of Issues Highlighted
Page 178 and 179: (j) Valuing the Role of Debriefs: m
Page 180: De-escalation requirements RECOMMEN
Page 183 and 184: Chapter 9. The Mental Health of Pol
Page 185 and 186: B. Workplace mental health standard
Page 187 and 188: 20. As discussed in Chapter 5 (Poli
Page 189 and 190: TPS member or a group of TPS member
Page 191 and 192: 45. If an officer is subject to a f
Page 193 and 194: II. Overview of Issues Highlighted
Page 196 and 197: CHAPTER 10. USE OF FORCE Table of C
Page 198 and 199: and Effectiveness of Police Service
Page 200 and 201: Figure 1. The Ontario Use of Force
Page 202 and 203: 19. Although it is beyond the scope
Page 204 and 205: 28. The Criminal Code limits the ac
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Page 208 and 209: primary response officers is to con
Page 210 and 211: Table 1. IACP Model Policies v. Ont
Page 212 and 213: armed units—approximately 10% of
Page 214 and 215: 65. Communication is central to eve
Page 216 and 217: well-being of the subject and encou
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Page 221 and 222: officers serving as first responder
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(a) (b) (c) (d) (e) St. Joseph’s
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crises occur at the same time, in a
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32. Second, mental health nurses po
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41. Clarification of the MCIT’s r
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Table 1. Mobile Crisis Teams and Ot
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1. Vancouver’s Assertive Communit
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58. While an officer is not expecte
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for those with serious mental illne
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advocacy community. These forums ca
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RECOMMENDATION 46: The TPS should a
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CHAPTER 12. EQUIPMENT Table of Cont
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(a) Batons 5. Provincial guidelines
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to incapacitate a person so that po
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20. The guiding principles of the C
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Reports 40 —as they relate to the
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e used in practice as alternatives
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48. The absence of definitive resea
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when collision sensors are triggere
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attachments (which adds an addition
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75. Many of the stakeholders who ho
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(d) (e) (f) (g) (h) (i) any medical
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RECOMMENDATION 65: The TPS carefull
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PART 3 The Next Stage
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Chapter 13. Implementation I. Intro
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Report should not simply fade from
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H. Ongoing review 26. Finally, effe
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C. Leadership RECOMMENDATION 77: Th
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Appendix A List of Individuals Inte
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Name Position Institutional Affilia
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Basic Principles on the Use of Forc
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Ellen M. Scrivner, Controlling Poli
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Extract from the Minutes of the TPS
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Henry J. Steadman, et al., “Compa
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Leslie Sinclair, “Crisis Interven
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Ministry of Community Safety and Co
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Ronald J. MacDonald, The First Year
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Toronto Police Service, Professiona
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• North Bay Police Service • Or
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Appendix C List of Stakeholders tha
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Appendix D Selected Legislative Pro
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(a) he acts in good faith; and (b)
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Mental Health Act, R.S.O. 1990, c.
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(c) is apparently suffering from th
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Duty of attending physician 20.(1)T
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1. Crime prevention. 2. Law enforce
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it was not of a serious nature, the
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Employment record (9) The chief of
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11. requiring territories without m
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Regulations Adequacy and Effectiven
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Member of the board PART I OATHS AN
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Third-Class Constable Fourth-Class
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1. Expressing views on any issue no
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(b) being a member of the municipal
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(3) Before the chief of police may
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(e) (i) BREACH OF CONFIDENCE, in th
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Conduct and Duties of Police Office
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Equipment and Use of Force, R.R.O.
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Public Complaints - Local Complaint
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Regulation under the Mental Health
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PROVINCIAL INVESTIGATIONS 06 - 04 E
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Form 47 MHA means an ‘Order for E
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• conduct a Person Query, includi
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• give the original Form - MHA an
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22. Upon receipt of an original For
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TPS Policy & Procedure Manual R.O.
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DIV HOSPITAL ADDRESS REMARKS 13. 53
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Associated Service Governance Numbe
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NOTE: The surrender of Service issu
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Unit Commander 15. Upon becoming aw
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• assess fitness for duty • if
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TPSB ER-004 Major Incident Command
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Communication Strategy In order to
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• notify the divisional officer i
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Incident Commander 15. When respond
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− − the on-call EM&PO member th
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15 - 01 Use of Force USE OF FORCE A
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Training Ontario Regulation 926/90
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Additionally, members are required
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NOTE: Batons are the only impact we
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• ensure the scene and all eviden
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26. In addition to the duties descr
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Procedure 15-01 - Appendix A Provin
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Force Framework. As conceived by th
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• intoxicated vs. under the influ
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• personal experience • skill/a
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Considerations. Based on the office
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08-06 Hazardous Materials, Decontam
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• conduct a spark test at the beg
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• package the expended air cartri
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