Police-Encounters-With-People-In-Crisis

successfully completed the TPS training course on firearms. Officers must re-qualify
annually on firearm use. 12
9. Police officers are required to carry their handguns loaded and holstered during
their shifts unless they are required to draw their firearms in the lawful performance of
their duties. Pursuant to provincial regulation, the threshold for un-holstering, pointing,
and firing a handgun is “reasonable grounds to believe that to do so is necessary to
protect against loss of life or serious bodily harm.” 13 Officers may use a firearm to call
for assistance in a critical situation where there is no reasonable alternative, but may not
fire warning shots. 14 An officer may not fire at a motor vehicle unless its occupants pose
an immediate threat of death or grievous bodily harm by means other than the vehicle
itself. 15
10. An officer who draws or points a handgun in public is required to notify a
supervisor “forthwith” and complete a Use of Force Report. 16 An officer who discharges
a firearm must notify a supervisor and the Communications Centre, as well as comply
with additional TPS procedures regarding use of force, the Special Investigations Unit
(SIU), and critical incident stress. Supervisors must attend the scene of a shooting
incident immediately and ensure that appropriate medical attention is provided. The
Officer in Charge, Firearms Discharge Investigator, Officer in Charge—Duty Desk, Unit
Commander, and Deputy Chief must all be notified in accordance with the TPS chain of
command, and several reports must be filed. 17
B. Conducted Energy Weapons
11. A conducted energy weapon (CEW) is a less-lethal weapon that emits an
electrical current either through direct contact (drive stun mode) or through probes that
are discharged from the device as projectiles and embedded in a person’s skin on
contact. 18 A Taser is an example of a CEW. When deployed, the weapon causes
involuntary muscle spasms and a temporary loss of motor control in the target, designed
12
MCSCS, Use of Force Guidelines, supra note 1, s. 25.
13
Reg. 926, supra note 1, s. 9, as cited by TPS, “Procedure 15-04”, supra note 10. See also Chapter 10 (Use of Force). This threshold
for un-holstering a gun is similar to that found in other jurisdictions. See e.g. Fort Worth Police Department, 306.00 “Use of
Force” (Fort Worth, TX: Fort Worth Police Department), s. 306.08; Clearwater Police Department, 102 “Use of Force and
Firearms” (Clearwater, FL: Clearwater Police Department, 2013), s. 102.21.
14
Reg. 926, supra note 1, s. 10(a), as cited by TPS, “Procedure 15-04”, supra note 10. Other jurisdictions also forbid warning shots.
See e.g. Montgomery County Department of Police, 131 “Use of Force” (Montgomery County, MD: Montgomery County
Department of Police, 1998) at Ch III, s. E; Metropolitan Nashville Police Department, Title 11 “Use of Force” (Nashville, TN:
Metropolitan Nashville Police Department, undated), s. 11.10.150; Vancouver Police Department, Regulations & Procedures
Manual, 1.2 “Use of Force” (Vancouver, BC: Vancouver Police Department, 2011), s. 1.3; Regina Police Service, L-38 “Use of
Force” (Regina, SK: Regina Police Service, 1998), s. 38.11(8).
15
TPS, “Procedure 15-01,” supra note 2 at 5. Other jurisdictions have a similar policy. See e.g. Vancouver Police Department,
Regulations & Procedures Manual, 1.2 “Use of Force” (Vancouver, BC: Vancouver Police Department, 2011), s. 1.4; Regina Police
Service, L-38 “Use of Force” (Regina, SK: Regina Police Service, 1998), s. 38.11(7); Longmont Police Department, 601 “Use of
Force / Use of Force Reporting” (Longmont, CO: Longmont Police Department, 2013), s. 601.03 at 8.
16
See Chapter 10 (Use of Force).
17
TPS, “Procedure 15-04”, supra note 10.
18
The Expert Panel on the Medical and Physiological Impacts of Conducted Energy Weapons, The Health Effects of Conducted
Energy Weapons (Ottawa, ON: Council of Canadian Academies and Canadian Academy of Health Sciences, 2013) at viii [Health
Effects].
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