Police-Encounters-With-People-In-Crisis

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CHAPTER 10. USE OF FORCE Table of Contents Page I. THE CURRENT SITUATION ............................................................................ 194 A. Provincial use of force standards ............................................................. 194 (1) Minimum adequacy standards & MCSCS Standards Manual ..... 194 (2) LE-013 Police Response to Persons who are Emotionally Disturbed or have a Mental Illness or a Developmental Disability ....................................................................................... 195 (3) AI-012 Use of Force ...................................................................... 196 (4) The Use of Force Model ................................................................ 196 (a) Assess/plan/act ...................................................................197 (b) Perception and tactical considerations ............................. 199 (c) Force options .................................................................... 199 (d) Communication ................................................................. 199 B. Legal constraints on police use of force .................................................. 200 C. TPS procedures regarding use of force .................................................... 202 (1) Use of Force Procedure ................................................................ 202 (2) The Police Challenge ..................................................................... 203 (3) Use of Force Review Committee .................................................. 204 (4) Procedure regarding notification of the ETF................................ 204 D. Comparative use of force models ............................................................ 205 (1) IACP Model Use of Force Policy .................................................. 205 (2) IACP Model Policy on Responding to Persons with Mental Illness or in Crisis ........................................................................ 205 (3) UN principles on use of force........................................................ 207 (4) Comparison to other police services .............................................208 (5) Comparison to unarmed professions ........................................... 210 E. Difficulty in comparing statistics regarding use of force ......................... 211 II. OVERVIEW OF ISSUES HIGHLIGHTED BY STAKEHOLDERS ..................... 212 III. RECOMMENDATIONS ...................................................................................... 213 Improving the Use of Force Procedure to reflect best practices ........................ 213 Updating the Use of Force Procedure ................................................................. 214 Police Encounters With People in Crisis |193
Chapter 10. Use of Force 1. The use of force by police should always be a last resort. Resolving conflicts through communication rather than force is the goal. The TPS approach to situations involving people in crisis should therefore seek to minimize force altogether and, above all, avoid lethal force wherever possible. The challenge, and one of the most critical requirements for police, is to know how to de-escalate a crisis involving a person who, as a result of what is effectively a transient or permanent mental disability, may not respond appropriately (or at all) to standard police commands. 2. This chapter sets out the provincial regulatory framework for the use of force in Ontario, describes legal constraints on police use of force, and reviews TPS use-of-force procedures. I note what I consider to be some weaknesses in the provincial Use of Force Model, and some areas of TPS procedure and practice that would benefit from improvement. I also consider comparative use of force models used by police in other jurisdictions, and used by professions other than the police. One of my central conclusions is that the TPS Use of Force Procedure should be updated to reflect the best practices established by external bodies in the areas of de-escalation, to provide better protection of the lives of subjects, and to avoid force in interactions with people in crisis. I. The Current Situation A. Provincial use of force standards 3. Enacted pursuant to the Police Services Act (PSA), O. Reg. 926 (“Equipment and Use of Force”) sets out provincial requirements for the use of force, including approved weapons, training, reporting, and specifications for handguns. 1 The Regulation prohibits a police officer from using force against another person unless he or she has completed the prescribed training course and annual use of force requalification training. An officer must complete a Use of Force Report when he or she uses physical force that results in an injury requiring medical attention, draws a handgun in the presence of the public, discharges a firearm, points a firearm, or uses a weapon (including a police dog or horse) on another person. 2 4. An officer is not authorized to draw a handgun, point a firearm, or discharge a firearm unless he or she has reasonable grounds to believe such action is necessary to protect against the loss of life or serious bodily harm. An officer may not fire a warning shot or fire at a moving vehicle unless its occupants pose an immediate threat of death or grievous bodily harm by means other than the vehicle itself. 3 1. Minimum adequacy standards & MCSCS Standards Manual 5. Police services boards and police services must adopt policies and procedures that provide for the minimum adequacy standards set out in O. Reg. 3/99 (“Adequacy 1 Equipment and Use of Force, R.R.O 1990, Reg. 926 [Reg. 926]. 2 Id., ss. 4, 14.5. 3 Id., s. 9. Police Encounters With People in Crisis |194
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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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7. It is for this reason that, alth
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officers against vulnerable citizen
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I want to impress upon you the nece
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policing. That is an unfortunate at
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(a) (b) (c) (d) (e) (f) (g) (h) A c
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Chapter 6. Selection of Police Offi
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of a police constable. Furthermore,
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4. Education 19. A number of indivi
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1. The Emergency Task Force 29. Psy
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elationship with a TPS member, the
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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
Page 157 and 158: (d) (e) (f) (g) (h) (i) Use of Forc
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
Page 170 and 171: the TPS must participate in an annu
Page 172 and 173: (a) Misconduct 49. Pursuant to the
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 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
Page 206 and 207: 36. The Use of Force Procedure auth
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
Page 219 and 220: CHAPTER 11. MCIT AND OTHER MODELS O
Page 221 and 222: officers serving as first responder
Page 223 and 224: (a) (b) (c) (d) (e) St. Joseph’s
Page 225 and 226: crises occur at the same time, in a
Page 227 and 228: 32. Second, mental health nurses po
Page 229 and 230: 41. Clarification of the MCIT’s r
Page 231 and 232: Table 1. Mobile Crisis Teams and Ot
Page 233 and 234: 1. Vancouver’s Assertive Communit
Page 235 and 236: 58. While an officer is not expecte
Page 237 and 238: for those with serious mental illne
Page 239 and 240: advocacy community. These forums ca
Page 241 and 242: RECOMMENDATION 46: The TPS should a
Page 244 and 245: 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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