Police-Encounters-With-People-In-Crisis

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A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested; b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant; c) the person to be arrested takes flight to avoid arrest; d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and e) the flight cannot be prevented by reasonable means in a less violent manner. [Authority: CC, s. 25(4)] Motor Vehicles Discharging a firearm at a motor vehicle is an ineffective method of disabling the vehicle. Discharging a firearm at a motor vehicle may present a hazard to both the officer and to the public. Members are prohibited from discharging a firearm at a motor vehicle for the sole purpose of disabling the vehicle. Members shall not discharge a firearm at the operator or occupants of a motor vehicle unless there exists an immediate threat of death or grievous bodily harm to officers and/or members of the public by a means other than the vehicle. Members shall be cognizant that disabling the operator of the motor vehicle thereby disabling the control over the motor vehicle may also present a hazard to both the officer and the public. Except while in a motor vehicle, members shall not place themselves in the path of an occupied motor vehicle with the intention of preventing its escape. Additionally, members should not attempt to disable an occupied vehicle by reaching into it. Pursuant to Procedure 13–03 and 13–05, any apparent breach of this Procedure will be carefully considered on its merits having regard to all the circumstances before discipline is commenced. Excessive Force Everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. (Authority: CC, s. 26) Reporting Use of Force Ontario Regulation 926/90 compels members to submit a UFR Form 1 to the Chief of Police when a member • uses physical force on another person that results in an injury that requires medical attention • draws a handgun in the presence of a member of the public, excluding a member of the police force while on duty • discharges a firearm • points a firearm regardless if the firearm is a handgun or a long gun, • uses a weapon other than a firearm on another person NOTE: For the purpose of reporting a use of force incident, the definition of a weapon includes a police dog or police horse that comes into direct physical contact with a person. TPS Policy & Procedure Manual R.O. 2014.06.16–0738 4 of 12 15–01 Use of Force
Additionally, members are required to submit a UFR Form 1 and a TPS 584 to the Chief of Police when the member uses a CEW • as a “demonstrated force presence” • in drive stun mode or full deployment, whether intentionally or otherwise Use of force reports are collected and used to identify individual and group training requirements, or Service use of force governance requirements. Team Reports Specialized Emergency Response – Emergency Task Force (ETF) and Emergency Management & Public Order – Public Safety (Public Safety), when operating/responding as a team, shall submit a Team Report UFR Form 1 in situations where force, meeting the reporting requirements, is merely displayed. An incident in which force was actually used, including the Demonstrated Force Presence of a CEW, requires a separate UFR Form 1 from each individual member involved. Exemptions to the Reporting Criteria A UFR Form 1 is not required when • a firearm, other than an issued handgun, is merely carried or displayed by a member • a handgun is drawn or a firearm pointed at a person or is discharged in the course of a training exercise, target practice or ordinary firearm maintenance in accordance with Service Governance • a weapon other than a firearm is used on another member of the Service in the course of a training exercise • physical force is used on another member of the Service in the course of a training exercise Use of Force Reports – Prohibited Uses Under no circumstances shall the UFR Form 1, or the personal identifiers associated with Part B be retained beyond the limitations dictated by O.Reg. 926/90, and in accordance with Board Policy. The UFR Form 1 shall not be admitted in evidence at any hearing under Part V of the PSA, other than a hearing to determine whether the police officer has contravened s. 14.5 of O.Reg. 926/90 and Service Governance on use of force reporting. The information from the UFR Form 1 shall not be contained in an officer’s personnel file. The UFR Form 1 shall not be introduced, quoted from, or in any way referred to, during considerations of promotion or job assignment without the consent of the reporting officer. Duplication/Disclosure/Retention Members shall not make or retain a copy of the UFR Form 1 for any purpose, except as required to conduct a proper analysis for training purposes and Service Governance review. Where a court order, subpoena, or prosecutor’s request for disclosure of the UFR Form 1 is received, such request shall be directed to Legal Services. Where the request is made under the Municipal Freedom of Information & Protection of Privacy Act and not by a court order, subpoena, or prosecutor’s request for disclosure, such request shall be directed to the Co–ordinator – Records Management Services – Access and Privacy Section. TPS Policy & Procedure Manual R.O. 2014.06.16–0738 5 of 12 15–01 Use of Force
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POLICE ENCOUNTERS WITH PEOPLE IN CR
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ACKNOWLEDGEMENTS There are many ind
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EXECUTIVE SUMMARY
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(viii) best practices and precedent
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18. Chapter 3 provides a commentary
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exercised with that zero target in
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G. Recommendations 48. The 84 Recom
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viii. conducting routine monitoring
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CHAPTER 6: SELECTION OF POLICE OFFI
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CHAPTER 7: TRAINING Recruit trainin
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(b) (c) Exposure: providing officer
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(j) Valuing the Role of Debriefs: m
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De-escalation requirements RECOMMEN
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(b) (c) (d) (e) (f) (g) (h) increas
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RECOMMENDATION 51: The TPS encourag
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iii. iv. the disciplinary and train
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eports detailing any circumstances
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cooperation from other organization
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PART 1 The Independent Review
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9. Third, it is important at the ou
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23. As I emphasize in the Report, t
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CHAPTER 2. MANDATE, INDEPENDENCE, S
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(ii) (iii) (iv) (v) (vi) (vii) TPS
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20. The act of engaging in professi
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mental crisis and whose behaviour e
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(l) (m) (n) (o) (p) (q) (r) (s) a f
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3. Police College site visits 44. T
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Mike Creek Bethan Dinning Julian Fa
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CHAPTER 3. CONTEXT Table of Content
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service by the public. 1 The front
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society must bear. One result is, I
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perceived uncertainty as to whether
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Figure 2. Toronto Police Service or
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Command includes Communications (i.
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65. The objective of the course was
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78. Some may consider a statistical
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that period. These other deaths wer
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F. The legal context 100. Before pr
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(j) The internal disciplinary proce
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CHAPTER 4. THE MENTAL HEALTH SYSTEM
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Chapter 4. The Mental Health System
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police may reencounter the person i
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them to available resources, provid
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3. Accessibility of information reg
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how to recognize common mental illn
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mental illness can be impossible. T
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contains a section that addresses t
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60. When Communications Services re
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scene from its central location. Th
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with, and apprehension of, “emoti
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of people in crisis from TPS to the
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92. Procedure 06-04 directs Divisio
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103. The issue of sharing mental he
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under the Mental Health Act, as any
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III. Recommendations 120. Before se
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ii. iii. iv. providing cross-sector
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CHAPTER 5. POLICE CULTURE Table of
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7. It is for this reason that, alth
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officers against vulnerable citizen
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I want to impress upon you the nece
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policing. That is an unfortunate at
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(a) (b) (c) (d) (e) (f) (g) (h) A c
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Chapter 6. Selection of Police Offi
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of a police constable. Furthermore,
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4. Education 19. A number of indivi
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1. The Emergency Task Force 29. Psy
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elationship with a TPS member, the
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positions are directed to demonstra
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CHAPTER 7. TRAINING Table of Conten
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policing as compared to the data re
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services identified in the Police S
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my view, police training should aim
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25. When recruits return from the B
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However, the Review also heard that
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(d) (e) (f) (g) (h) (i) Use of Forc
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CHAPTER 8. SUPERVISION Table of Con
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can be considered for further promo
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13. The TPS provides a two-part sup
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(a) (b) (c) (d) (e) (f) (g) (h) (i)
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30. All TPS members are trained in
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the TPS must participate in an annu
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(a) Misconduct 49. Pursuant to the
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Further, a hearing officer may impo
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II. Overview of Issues Highlighted
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(j) Valuing the Role of Debriefs: m
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De-escalation requirements RECOMMEN
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Chapter 9. The Mental Health of Pol
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B. Workplace mental health standard
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20. As discussed in Chapter 5 (Poli
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TPS member or a group of TPS member
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45. If an officer is subject to a f
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II. Overview of Issues Highlighted
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CHAPTER 10. USE OF FORCE Table of C
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and Effectiveness of Police Service
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Figure 1. The Ontario Use of Force
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19. Although it is beyond the scope
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28. The Criminal Code limits the ac
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36. The Use of Force Procedure auth
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primary response officers is to con
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Table 1. IACP Model Policies v. Ont
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armed units—approximately 10% of
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65. Communication is central to eve
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well-being of the subject and encou
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CHAPTER 11. MCIT AND OTHER MODELS O
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officers serving as first responder
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(a) (b) (c) (d) (e) St. Joseph’s
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crises occur at the same time, in a
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32. Second, mental health nurses po
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41. Clarification of the MCIT’s r
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Table 1. Mobile Crisis Teams and Ot
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1. Vancouver’s Assertive Communit
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58. While an officer is not expecte
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for those with serious mental illne
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advocacy community. These forums ca
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RECOMMENDATION 46: The TPS should a
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CHAPTER 12. EQUIPMENT Table of Cont
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(a) Batons 5. Provincial guidelines
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to incapacitate a person so that po
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20. The guiding principles of the C
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Reports 40 —as they relate to the
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e used in practice as alternatives
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48. The absence of definitive resea
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when collision sensors are triggere
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attachments (which adds an addition
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75. Many of the stakeholders who ho
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(d) (e) (f) (g) (h) (i) any medical
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RECOMMENDATION 65: The TPS carefull
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PART 3 The Next Stage
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Chapter 13. Implementation I. Intro
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Report should not simply fade from
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H. Ongoing review 26. Finally, effe
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C. Leadership RECOMMENDATION 77: Th
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Appendix A List of Individuals Inte
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Name Position Institutional Affilia
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Basic Principles on the Use of Forc
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Ellen M. Scrivner, Controlling Poli
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Extract from the Minutes of the TPS
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Henry J. Steadman, et al., “Compa
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Leslie Sinclair, “Crisis Interven
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Ministry of Community Safety and Co
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Ronald J. MacDonald, The First Year
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Toronto Police Service, Professiona
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• North Bay Police Service • Or
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Appendix C List of Stakeholders tha
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Appendix D Selected Legislative Pro
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(a) he acts in good faith; and (b)
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Mental Health Act, R.S.O. 1990, c.
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(c) is apparently suffering from th
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Duty of attending physician 20.(1)T
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1. Crime prevention. 2. Law enforce
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it was not of a serious nature, the
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Employment record (9) The chief of
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11. requiring territories without m
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Regulations Adequacy and Effectiven
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Member of the board PART I OATHS AN
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Third-Class Constable Fourth-Class
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1. Expressing views on any issue no
Page 338 and 339: (b) being a member of the municipal
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Page 342 and 343: (e) (i) BREACH OF CONFIDENCE, in th
Page 344 and 345: Conduct and Duties of Police Office
Page 346 and 347: Equipment and Use of Force, R.R.O.
Page 348 and 349: Public Complaints - Local Complaint
Page 350: Regulation under the Mental Health
Page 353 and 354: PROVINCIAL INVESTIGATIONS 06 - 04 E
Page 355 and 356: Form 47 MHA means an ‘Order for E
Page 357 and 358: • conduct a Person Query, includi
Page 359 and 360: • give the original Form - MHA an
Page 361 and 362: 22. Upon receipt of an original For
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Page 365 and 366: DIV HOSPITAL ADDRESS REMARKS 13. 53
Page 367 and 368: Associated Service Governance Numbe
Page 369 and 370: NOTE: The surrender of Service issu
Page 371 and 372: Unit Commander 15. Upon becoming aw
Page 373 and 374: • assess fitness for duty • if
Page 375 and 376: TPSB ER-004 Major Incident Command
Page 377 and 378: Communication Strategy In order to
Page 379 and 380: • notify the divisional officer i
Page 381 and 382: Incident Commander 15. When respond
Page 383 and 384: − − the on-call EM&PO member th
Page 385 and 386: 15 - 01 Use of Force USE OF FORCE A
Page 387: Training Ontario Regulation 926/90
Page 391 and 392: NOTE: Batons are the only impact we
Page 393 and 394: • ensure the scene and all eviden
Page 395 and 396: 26. In addition to the duties descr
Page 397 and 398: Procedure 15-01 - Appendix A Provin
Page 399 and 400: Force Framework. As conceived by th
Page 401 and 402: • intoxicated vs. under the influ
Page 403 and 404: • personal experience • skill/a
Page 405 and 406: Considerations. Based on the office
Page 407 and 408: 08-06 Hazardous Materials, Decontam
Page 409 and 410: • conduct a spark test at the beg
Page 411 and 412: • package the expended air cartri
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