Police-Encounters-With-People-In-Crisis

45. If an officer is subject to a fitness for duty evaluation, he or she must attend the
evaluation and comply with the recommendations of the Medical Advisor. Officers who
do not comply with the fitness for duty process are subject to disciplinary proceedings.
MAS has the sole authority to decide whether an officer’s physical or mental illness or
injuries render the officer incapable of carrying out his or her duties, and to decide when
an officer is capable of returning to his or her duties. This determination must be made
in good faith and not in an arbitrary manner. 28
46. This evaluation, performed by a primary care physician at Medical Advisory
Services (MAS), includes both medical and psychological screenings. However, the
Review was advised that the evaluating physician often has no specialized psychological
training. If the physician decides it is appropriate, MAS can retain an external
psychologist to undertake a psychological assessment.
47. Ideally, the mental health needs of TPS members should not be addressed for the
first time at a stage when the member’s fitness for duty is being questioned. It is clearly
preferable if warning signs are identified early, and treatment mechanisms are
implemented, to avoid the need for a fitness for duty evaluation and potential
reassignment or suspension.
2. The role of supervisory officers
48. The current role played by supervisory officers in monitoring officers’ mental
health issues is quite limited.
49. TPS Procedure 08-01 “Employee and Family Assistance Program” provides for
assistance to officers and their families experiencing personal problems or stresses. 29
Under this procedure, as noted, officers pursue help voluntarily. Neither this procedure,
nor Procedure 08-02 “Sickness Reporting,” specifically gives supervisory officers the
task of monitoring officers’ well-being or suggesting help in circumstances that do not
raise “fitness for duty” concerns. 30
50. Though the definition of “fitness for duty” in the sickness reporting procedure
includes mental health, the procedure contains no specific mandate for supervisory
officers to monitor members’ mental health in order to identify problems that do not yet
raise fitness for duty concerns, but for which members might nonetheless benefit from
help.
51. In contrast, Procedure 08-05 “Substance Abuse,” sets out a more nuanced
framework to address addiction and substance abuse issues. 31 The Service’s approach to
substance abuse issues places a greater emphasis on continual monitoring, treatment,
collegial support, and encouragement. A similar approach may benefit officers
experiencing significant stresses or other mental health issues.
28
Ibid.
29
Toronto Police Service, Procedure 08-01 “Employee and Family Assistance Program” (Toronto, ON: Toronto Police Service,
2013).
30
Ibid; TPS Procedure 08-02, supra note 27.
31
Toronto Police Service, Procedure 08-05 “Substance Abuse” (Toronto, ON: Toronto Police Service, 2012).
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