Police-Encounters-With-People-In-Crisis

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.
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