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Police-Encounters-With-People-In-Crisis

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A. Mandate<br />

Chapter 2. Mandate, <strong>In</strong>dependence, Scope and Methodology<br />

1. On August 28, 2013, I was asked by Chief of <strong>Police</strong> William Blair to undertake an<br />

independent review of the use of lethal force by the Toronto <strong>Police</strong> Service (TPS). The<br />

focus of the Review is on encounters between police and individuals identified in this<br />

Report as “people in crisis.”<br />

2. <strong>In</strong> light of the fatal shooting of Sammy Yatim on July 27, 2013, Chief Blair<br />

concluded that he had a responsibility to cause a review to be conducted as required by<br />

section 11 of Regulation 267/10 under the Ontario <strong>Police</strong> Services Act.<br />

3. Section 11 of O. Reg. 267/10 provides that a chief of police shall cause an<br />

investigation to be conducted forthwith into any incident involving a police force with<br />

respect to which the Special <strong>In</strong>vestigations Unit (SIU) has been notified, subject to the<br />

SIU’s lead role in investigating the incident. The SIU is required to be notified when<br />

there is an incident involving serious injury or death that may have resulted from<br />

criminal offences committed by police officers.<br />

4. The purpose of the investigation by the Chief of <strong>Police</strong> is to review the policies of,<br />

or services provided by, the police force in question, and to review the conduct of its<br />

police officers. All members of the police force are required to cooperate fully with the<br />

Chief of <strong>Police</strong>’s investigation.<br />

5. Chief Blair divided the review into two parts.<br />

6. One part of the review was conducted by officers within the Professional<br />

Standards unit of the TPS, who examined the conduct of the police officers involved on<br />

the night that Mr. Yatim was killed. I was not involved in this part of the review.<br />

7. This Report addresses the second part of the review.<br />

8. My mandate was to conduct an independent review of “the policies, practices and<br />

procedures of, and the services provided by, the TPS with respect to the use of lethal<br />

force or potentially lethal force, in particular in connection with encounters with<br />

persons who are or may be emotionally disturbed, mentally disturbed or cognitively<br />

impaired.”<br />

9. I was instructed by Chief Blair that the hallmark of my Review was intended to be<br />

its independence, and that the end result of the Review was to be a report, to be made<br />

public, setting out recommendations that will be used as a blueprint for the TPS in<br />

dealing with this serious and difficult issue in the future.<br />

10. My mandate has included reviewing the following topics:<br />

(i)<br />

TPS policies, procedures and practices;<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |44

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