Police-Encounters-With-People-In-Crisis

performed by police officers and the urgent contexts in which they must make decisions
and take actions. 30
32. Police service policies and procedures can be considered self-imposed standards
of care, the breach of which may be considered by courts in determining whether an
officer met the standard of care owed to a member of the public. However, breach of a
policy or procedure does not necessarily equate to a breach of the civil standard of
care. 31 Similarly, the Police Services Act requires officers to comply with a Code of
Conduct in their duties. An officer may be disciplined for misconduct, including breach
of statutory duties or provisions of the Code of Conduct. 32 However, internal
disciplinary sanctions are not determinative of an officer’s civil liability in negligence.
C. TPS procedures regarding use of force
1. Use of Force Procedure
33. The policies and procedures of the TPS on the use of force are informed by the
provincial framework described above. The TPS Use of Force Procedure is premised on
the protection of life and safety of police officers and the public. 33 Police officers have a
responsibility to use only that force which is reasonably necessary to bring an incident
under control effectively and safely.
34. The TPS Procedure emphasizes that the Ontario Use of Force Model is an aid to
help officers understand their use of force options and to promote the continuous
assessment of every situation. The Model is not intended to be a justification for use of
force, or to prescribe a specific response for any situation.
35. The TPS Procedure describes the Criminal Code provisions authorizing
necessary, reasonable use of force for the purpose of law enforcement, and the
intermediate force options available to officers, including batons, OC spray, and
CEWs. 34 Police are entitled to use Service-issued less-lethal weapons in order to prevent
themselves from being overpowered when violently attacked, to prevent a prisoner
escaping custody, to disarm an apparently dangerous person armed with an offensive
weapon, to control a potentially violent situation when other force options are not
viable, and for any other lawful and justifiable purpose. 35 The Procedure further
authorizes officers to use weapons of opportunity—that is, weapons found at a scene
rather than those issued to officers by the TPS—when none of the approved options is
available or appropriate to defend themselves or members of the public. 36
30
Prior v. McNab (1976), 16 O.R. (2d) 380 at 388-389; Fetterly v. Toronto Police Service (3 December 2010) Ontario Superior
Court of Justice, Penny J., [unreported] at 21-22 [Fetterly].
31
Doern v. Phillips (1994), 2 B.C.L.R. (3d) 349 at para. 69 (S.C.); Fetterly, id. at 19.
32
See Chapter 8 (Supervision) for a further discussion of disciplinary procedures within the TPS.
33
TPS, “Procedure 15-01”, supra note 15 at 1.
34
See generally Criminal Code, supra note 19, ss. 25-27; TPS, “Procedure 15-01”, supra note 15 at 4.
35
TPS, “Procedure 15-01”, supra note 15.
36
Ibid.
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