Police-Encounters-With-People-In-Crisis

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CHAPTER 2. MANDATE, INDEPENDENCE, SCOPE AND METHODOLOGY Table of Contents Page A. MANDATE ............................................................................................................ 44 B. INDEPENDENCE ................................................................................................. 46 C. SCOPE OF THE REVIEW ..................................................................................... 46 (1) The Review is forward looking ................................................................... 46 (2) Lethal force ................................................................................................. 47 (3) Persons who are or may be “emotionally disturbed, mentally disturbed or cognitively impaired” ............................................................ 47 (4) Terminology ............................................................................................... 48 D. METHODOLOGY .................................................................................................. 50 (1) Interviews ................................................................................................... 50 (2) Literature review .........................................................................................51 (3) Police College site visits ............................................................................ 53 (4) Communications Services site visit ........................................................... 53 (5) MCIT ride along ......................................................................................... 53 (6) Mental health site visits ............................................................................. 53 (7) Consultation with the Advisory Panel ....................................................... 54 (8) Roundtable discussion ............................................................................... 54 (9) CACP/MHCC conference ........................................................................... 55 (10) Stakeholder input ...................................................................................... 55 Police Encounters With People in Crisis |43
A. Mandate Chapter 2. Mandate, Independence, Scope and Methodology 1. On August 28, 2013, I was asked by Chief of Police William Blair to undertake an independent review of the use of lethal force by the Toronto Police Service (TPS). The focus of the Review is on encounters between police and individuals identified in this Report as “people in crisis.” 2. In light of the fatal shooting of Sammy Yatim on July 27, 2013, Chief Blair concluded that he had a responsibility to cause a review to be conducted as required by section 11 of Regulation 267/10 under the Ontario Police Services Act. 3. Section 11 of O. Reg. 267/10 provides that a chief of police shall cause an investigation to be conducted forthwith into any incident involving a police force with respect to which the Special Investigations Unit (SIU) has been notified, subject to the SIU’s lead role in investigating the incident. The SIU is required to be notified when there is an incident involving serious injury or death that may have resulted from criminal offences committed by police officers. 4. The purpose of the investigation by the Chief of Police is to review the policies of, or services provided by, the police force in question, and to review the conduct of its police officers. All members of the police force are required to cooperate fully with the Chief of Police’s investigation. 5. Chief Blair divided the review into two parts. 6. One part of the review was conducted by officers within the Professional Standards unit of the TPS, who examined the conduct of the police officers involved on the night that Mr. Yatim was killed. I was not involved in this part of the review. 7. This Report addresses the second part of the review. 8. My mandate was to conduct an independent review of “the policies, practices and procedures of, and the services provided by, the TPS with respect to the use of lethal force or potentially lethal force, in particular in connection with encounters with persons who are or may be emotionally disturbed, mentally disturbed or cognitively impaired.” 9. I was instructed by Chief Blair that the hallmark of my Review was intended to be its independence, and that the end result of the Review was to be a report, to be made public, setting out recommendations that will be used as a blueprint for the TPS in dealing with this serious and difficult issue in the future. 10. My mandate has included reviewing the following topics: (i) TPS policies, procedures and practices; Police Encounters With People in Crisis |44
Page 2 and 3: POLICE ENCOUNTERS WITH PEOPLE IN CR
Page 4 and 5: ACKNOWLEDGEMENTS There are many ind
Page 6 and 7: EXECUTIVE SUMMARY
Page 8 and 9: (viii) best practices and precedent
Page 10 and 11: 18. Chapter 3 provides a commentary
Page 12 and 13: exercised with that zero target in
Page 14 and 15: G. Recommendations 48. The 84 Recom
Page 16 and 17: viii. conducting routine monitoring
Page 18 and 19: CHAPTER 6: SELECTION OF POLICE OFFI
Page 20 and 21: CHAPTER 7: TRAINING Recruit trainin
Page 22 and 23: (b) (c) Exposure: providing officer
Page 24 and 25: (j) Valuing the Role of Debriefs: m
Page 26 and 27: De-escalation requirements RECOMMEN
Page 28 and 29: (b) (c) (d) (e) (f) (g) (h) increas
Page 30 and 31: RECOMMENDATION 51: The TPS encourag
Page 32 and 33: iii. iv. the disciplinary and train
Page 34 and 35: eports detailing any circumstances
Page 36 and 37: cooperation from other organization
Page 38: PART 1 The Independent Review
Page 41 and 42: 9. Third, it is important at the ou
Page 43 and 44: 23. As I emphasize in the Report, t
Page 48 and 49: (ii) (iii) (iv) (v) (vi) (vii) TPS
Page 50 and 51: 20. The act of engaging in professi
Page 52 and 53: mental crisis and whose behaviour e
Page 54 and 55: (l) (m) (n) (o) (p) (q) (r) (s) a f
Page 56 and 57: 3. Police College site visits 44. T
Page 58 and 59: Mike Creek Bethan Dinning Julian Fa
Page 61 and 62: CHAPTER 3. CONTEXT Table of Content
Page 63 and 64: service by the public. 1 The front
Page 65 and 66: society must bear. One result is, I
Page 67 and 68: perceived uncertainty as to whether
Page 69 and 70: Figure 2. Toronto Police Service or
Page 71 and 72: Command includes Communications (i.
Page 73 and 74: 65. The objective of the course was
Page 75 and 76: 78. Some may consider a statistical
Page 77 and 78: that period. These other deaths wer
Page 79 and 80: F. The legal context 100. Before pr
Page 81 and 82: (j) The internal disciplinary proce
Page 84 and 85: CHAPTER 4. THE MENTAL HEALTH SYSTEM
Page 86 and 87: Chapter 4. The Mental Health System
Page 88 and 89: police may reencounter the person i
Page 90 and 91: them to available resources, provid
Page 92 and 93: 3. Accessibility of information reg
Page 94 and 95: how to recognize common mental illn
Page 96 and 97:
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
Page 121 and 122:
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,
Page 136 and 137:
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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Page 287:
Page 290 and 291:
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
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(b) being a member of the municipal
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(3) Before the chief of police may
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(e) (i) BREACH OF CONFIDENCE, in th
Page 344 and 345:
Conduct and Duties of Police Office
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Equipment and Use of Force, R.R.O.
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Public Complaints - Local Complaint
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Regulation under the Mental Health
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PROVINCIAL INVESTIGATIONS 06 - 04 E
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Form 47 MHA means an ‘Order for E
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• conduct a Person Query, includi
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• give the original Form - MHA an
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22. Upon receipt of an original For
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TPS Policy & Procedure Manual R.O.
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DIV HOSPITAL ADDRESS REMARKS 13. 53
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Associated Service Governance Numbe
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NOTE: The surrender of Service issu
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Unit Commander 15. Upon becoming aw
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• assess fitness for duty • if
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TPSB ER-004 Major Incident Command
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Communication Strategy In order to
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• notify the divisional officer i
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Incident Commander 15. When respond
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− − the on-call EM&PO member th
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15 - 01 Use of Force USE OF FORCE A
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Training Ontario Regulation 926/90
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Additionally, members are required
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NOTE: Batons are the only impact we
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• ensure the scene and all eviden
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26. In addition to the duties descr
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Procedure 15-01 - Appendix A Provin
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Force Framework. As conceived by th
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• intoxicated vs. under the influ
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• personal experience • skill/a
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Considerations. Based on the office
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08-06 Hazardous Materials, Decontam
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• conduct a spark test at the beg
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• package the expended air cartri
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