Police-Encounters-With-People-In-Crisis

crisis, such as asking how the police can help or what the person is experiencing, should
form part of the assessment function, as they may assist police in determining that
person’s abilities, intentions, and foreseeable conduct. It may also help the police
understand whether that person poses a threat to himself or herself or others and what
kind of response is required, both from the police and from other community or medical
resources.
24. There is no doubt that many TPS officers employ such communication in their
interactions with people with mental health issues, other people in crisis, and other
subjects of police response. The Review heard from many people within the TPS that
front line officers practice de-escalation on a daily basis, and are familiar with how to deescalate.
While I have no doubt that this is largely true, it is clear that there have been
lethal encounters between police and a person in crisis in which de-escalation was an
option that was not fully explored. Yet it is at precisely these moments that de- escalation
matters most.
25. In this regard, the Ontario guidelines incorporated into the TPS Use of Force
Procedure do not emphasize communication and de-escalation techniques as imperative
to all stages of the police response to crisis situations. Even in light of the continuous
nature of the Model—which suggests that behaviours and responses do not necessarily
escalate (or de-escalate) in an incremental manner—there is surprisingly little focus on
the need to attempt various methods of communication before using physical force or a
weapon on a person.
26. I should note, too, that the use-of-force “wheel” (Figure 1) that forms part of the
provincial Use of Force Model is not a particularly effective or intuitive visual aid. The
goal of a graphic diagram should be to convey information more effectively than words,
but the use-of-force wheel arguably achieves the opposite effect. The Review heard from
several individuals about the importance of providing police officers with visual aids,
helpful acronyms, simple rules and short checklists that are easily remembered in the
field, and particularly in a moment of crisis. It is questionable whether the wheel serves
that function. While the TPS does not have the authority to modify the wheel diagram
itself (which is part of the provincial regulatory framework), the Service is not bound to
use only the wheel. It would be helpful for the TPS to develop a helpful aid or a set of
simple rules for officers in the field that puts greater emphasis upon de-escalation and
communication as part of the use-of-force analysis.
B. Legal constraints on police use of force
27. The mandate of this Review does not extend to analysis of individual incidents
involving use of lethal force, or to the jurisprudence on police use of force in the
criminal, civil or disciplinary context. However, it is helpful to summarize the limits that
have been placed on police use of force by legislation and applicable jurisprudence
before examining TPS practices and procedures specifically. 18
18
For a detailed outline of these concepts, see Ian D. Scott, “Legal Framework of Use of Force by Police in Ontario” (2008) 53 Crim.
L. Q. 331.
Police Encounters With People in Crisis |200