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Police-Encounters-With-People-In-Crisis

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20. The guiding principles of the CEW Operator Training Course recognize that<br />

CEWs are weapons that must not be used casually. Those guiding principles include the<br />

following:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

the decision to use force at all is a fundamental decision that must be<br />

made before deciding which force option to use;<br />

a CEW should be used as weapon of need, not a tool of convenience;<br />

officers should not over-rely on CEWs where more effective and less risky<br />

alternatives are available; and<br />

a CEW is just one of several tools available and one part of the overall use<br />

of force procedure. 30<br />

2. TPS procedures<br />

21. The TPS currently issues CEWs to front line supervisors and specialty teams such<br />

as the Emergency Task Force (ETF). Since the MCSCS authorized expanding access to<br />

CEWs to all officers in 2013, the Service has not expanded access to CEWs to primary<br />

response units or the Mobile <strong>Crisis</strong> <strong>In</strong>tervention Team (MCIT) since the MCSCS<br />

authorized further access in 2013. However, in November 2013, Chief Blair proposed to<br />

the Toronto <strong>Police</strong> Services Board that the Service purchase additional CEWs in order to<br />

expand deployment to two constables from each division and four officers from the<br />

Toronto Anti-Violence <strong>In</strong>tervention Strategy (TAVIS) Rapid Response Team. Such an<br />

expansion would have resulted in three sergeants and two constables on every shift<br />

having access to a CEW. The Toronto <strong>Police</strong> Services Board directed the Chief not to<br />

proceed with the proposed expansion at that time. 31<br />

22. The TPS procedure on CEWs identifies the device as a legitimate use-of-force<br />

option to gain control of an assaultive subject. A CEW may be used when a subject<br />

exhibits threatening behaviour and the officer believes he or she intends to carry out the<br />

threat, where a person presents an imminent risk of serious bodily harm or death, or<br />

where a person threatens or attempts suicide. 32<br />

23. The TPS procedure permits the use of CEWs in probe or drive stun mode. 33 The<br />

procedure also considers the un-holstering or pointing of a CEW to be a form of use,<br />

called demonstrated force presence. The TPS procedure does not address the<br />

authorization of, or restrictions on, repeated applications of a CEW on a person. The<br />

decision regarding multiple applications is made by officers on a case-by-case basis. The<br />

TPS calls paramedics to conduct medical assessments and remove probes after a CEW is<br />

discharged.<br />

30<br />

Chief Blair, Expanded Deployment, supra note 28 at 4.<br />

31<br />

Ibid.<br />

32<br />

Toronto <strong>Police</strong> Service, Procedure 15-09 “Conducted Energy Weapon” (Toronto, ON: Toronto <strong>Police</strong> Service, 2012) at 4.<br />

33<br />

Ibid.<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |247

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