Police-Encounters-With-People-In-Crisis

to incapacitate a person so that police can gain control of the subject. The models of
CEWs that are authorized for use in Ontario automatically record electronic data
regarding the date, time, number of deployments, and length of use every time the
device is discharged. Further, paper with the serial number of the CEW is discharged
from the device every time it is used to assist in identifying which CEW was deployed in
an incident (and, therefore, which officer used the weapon).
1. Provincial standards
12. In 2004, the Ministry of Community Safety and Correctional Services (MCSCS)
approved the use of CEWs by tactical units, hostage rescue teams and front line
supervisors. In 2013, the MCSCS expanded access to CEWs by authorizing police
services to determine which officers should be permitted to carry CEWs based on their
local needs and circumstances.
13. The provincial government has issued detailed guidelines regarding the use of
CEWs by police officers. 19 The TPS is required to ensure that all CEW training is
conducted by MCSCS certified trainers who have passed the Conducted Energy Weapon
Trainers course. Police services are only permitted to use two models of CEWs: the
TASER M26 or the TASER X26. The TASER X26 has an optional audio/visual
attachment to record the use of the CEW from the moment it is activated until it is
turned off. 20 Officers who carry CEWs must follow prescribed procedures during each
shift, including conducting a spark test to ensure the weapon is functioning properly. 21
(a) Permitted use of CEWs
14. An officer is permitted to use a CEW if he or she believes a subject is threatening
or displaying assaultive behaviour or, taking into account the totality of the
circumstances, the officer believes there is an imminent need for control of a subject and
the officer believes it is reasonably necessary to use a CEW. Provincial guidelines require
that officers first consider whether efforts to de-escalate the situation have been
effective, whether verbal commands are practical, whether the subject has followed
verbal commands that have been issued, the risk of secondary injury to the person from
the use of the CEW, and the capabilities of the weapon in the specific situation,
including weather conditions and the presence of flammable or explosive substances. 22
15. An officer should, where possible, use a CEW only when at least one other officer
is present to provide support and attempt to restrain the subject during the activation
cycle of the weapon. 23 The officer with a CEW should also first announce that he or she
19
MCSCS, Use of Force Guidelines, supra note 1, ss. 15-19.
20
Some police services in the United States require that all CEWs be equipped with these audio/visual attachments, and that, if a
CEW is deployed, an officers’ supervisor upload the recorded audio-visual data before the end of the shift during which the CEW
was deployed. See Las Vegas Metropolitan Police Department, Use of Force Policy, 6/002.02 “Authorized Force Tools” (Las
Vegas, NV: Las Vegas Metropolitan Police Department, undated); Metropolitan Nashville Police Department, Use of Force,
11.10.050 “Use of Electronic Immobilization Device Taser” (Nashville, TN: Metropolitan Nashville Police Department, undated).
21
MCSCS, Use of Force Guidelines, supra note 1, ss. 15-19.
22
Id., s. 17.
23
Id., s. 18
Police Encounters With People in Crisis |245