Police-Encounters-With-People-In-Crisis

is going to activate the CEW. Provincial guidelines state that “as with any use of force
option, a conducted energy weapon should only be used as necessary to gain physical
control of a subject.” 24 A CEW should not be used on a person who is handcuffed, a
pregnant woman, a young child, an elderly person, or someone who is visibly frail. A
CEW should not be applied to sensitive areas of the body such as the head, neck or
genitals. Further, officers are instructed not to use a CEW on a person who is in control
of a moving vehicle. 25
(b) Procedures following use of CEWs
16. Upon discharging a CEW, a police officer should inform the subject that the
weapon has been used and that its effects are short-term. The person should be placed
in a sitting or recovery position and a medical assessment should be obtained if the
person has hit his or her head or lost consciousness after the CEW was used. A medical
assessment should likewise be obtained if a CEW is used on a young child or a person
who is pregnant, elderly, or frail, or if it is applied to a sensitive area or near the heart. If
probes are embedded in a subject’s body, they should be removed by medical personnel
or a specially trained officer. Officers are cautioned to handle probes that have
penetrated the subject’s body with the same precautions as other biohazards. The TPS is
required to establish a response protocol for post-CEW deployment medical attention by
Emergency Medical Services (EMS). 26
17. The provincial guidelines contemplate that a CEW may be used multiple times or
for an extended duration. Although the CEW Operator Training Course addresses the
potential dangers of multiple or extended CEW discharge on a subject, the provincial
standards do not require that local police service procedures include any specific
analysis or thresholds before a CEW is used more than once or for an extended period
on a person.
18. Following use of a CEW, the electronic data stored in the CEW must be
downloaded as soon as is practicable for audit and analysis purposes. 27
(c) CEW training
19. The Provincial CEW Operator Training Course is conducted by MCSCS-certified
use-of-force instructors and includes 12 hours of classroom study and scenario training.
The training emphasizes officer judgment and de-escalation, and addresses issues
regarding multiple uses or continuous deployments on a subject. 28 As with other
weapons, officers must re-qualify annually to be authorized to carry CEWs. 29
24
Id., s. 18(e).
25
Ibid.
26
Id., ss. 18-19. For example, in Shelburne, Ontario, EMS members are invited to CEW training to familiarize themselves with the
devices. See Shelburne Police Service, Appendix C - AI-012 “Use of Force” (Shelburne, ON: Shelburne Police Service, 2006).
27
MCSCS, Use of Force Guidelines, supra note 1, s. 18.
28
Chief William Blair, “#P259 Expanded Deployment of Conducted Energy Weapons” (Report presented to the Toronto Police
Services Board, 7 November 2013) at 3 [Chief Blair, Expanded Deployment].
29
MCSCS, Use of Force Guidelines, supra note 1, s. 15.
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