OTTAWA POLICE SERVICES BOARD                                                                       REPORT

COMMISSION DE SERVICES POLICIERS                                                             RAPPORT

 

 


Our File/N/Réf.                

Your File/V/Réf.               

 

DATE                               15 April 2009

 

TO/DEST.                        Chair and Members, Ottawa Police Services Board

 

FROM/EXP.                    Executive Director, Ottawa Police Services Board

 

SUBJECT/OBJET            BOARD POLICY MANUAL: 

                                         AMENDMENTS TO POLICY ON USE OF FORCE

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board approve amendments to the Board’s Use of Force Policy (#AI-012) as outlined in the document attached as Annex A.

 

 

BACKGROUND

 

The Ontario Ministry of Community Safety and Correctional Services publishes a Policing Standards Manual that contains guidelines to assist police services boards, chiefs of police and municipalities with their understanding and implementation of the Police Services Act and its regulations, including the Regulation on the Adequacy and Effectiveness of Police Services.  The Ottawa Police Services Board has adopted the standard guidelines published by the Ministry in its policies contained in Chapter 4 of the Board’s Policy Manual.  These policies form part of the Board’s instructions to the Chief of Police.

 

In February 2009 the Ministry issued an amendment to its Use of Force Guideline, which is contained in the Board’s Policy AI-012.  The change is minor and consists of moving the fourth bullet point in the current section (c) to the introductory sentence in the new version, with minor wording changes.  The reason provided by the Ministry for the change is to address inconsistencies between the requirements of the Police Services Act Regulation 926/90 (Equipment and Use of Force) and the recommendations of Ministry Guideline AI-012 (Use of Force).  The current version is as follows:

 

Current Version

 

c)   the Chief of Police will:

i)        Ensure that members do not use a weapon other than a firearm unless:

·        That type of weapon has been approved for use by the Solicitor General;

·        The weapon conforms to technical standards established by the Solicitor General;

·        The weapon is used in accordance with standards established by the Solicitor General; and

·        The weapon, in the course of a training exercise, is used on another member in accordance with the police service’s procedures.

 

The new wording issued by the Province is as follows:

 

New Version

 

c)   the Chief of Police will:

ii)                  Ensure that members do not use a weapon other than a firearm, with the exception of those used on another member in the course of a training exercise in accordance with procedures, unless:

·        That type of weapon has been approved for use by the Solicitor General;

·        The weapon conforms to technical standards established by the Solicitor General; and

·        The weapon is used in accordance with standards established by the Solicitor General.

 

A copy of the revised policy is attached at Annex A.

 

CONSULTATION

 

No consultation was required as the amendment was made by the Ministry of Community Safety and Correctional Services and all police services boards are expected to adopt the policy guidelines issued by the Province. 

 

FINANCIAL STATEMENT

 

There are no financial implications associated with this report.

 

CONCLUSION

 

All police services boards in Ontario are expected to adopt policies that are consistent with the standard guidelines issued by the Ministry of Community Safety & Correctional Services.  The Ministry recently made amendments to the Use of Force Guideline, which is reflected in the Board’s Policy Manual as Policy AI-012.  Approval of the amendment proposed in this report will ensure the Ottawa Police Services Board remains compliant with Ministry standard guidelines. 

 

 

 

(original signed by)

 

W. Fedec

 

Attach. (1)

 

Policy Number:                         Policy Subject:

 

AI-012                           USE OF FORCE

 

LEGISLATIVE REFERENCE / AUTHORITY

Criminal Code of Canada and Ontario Provincial Offences Act; Equipment and Use of Force Regulation 926; Ontario Police Services Act, section 44(1).

DATE APPROVED

25 July 2005

DATE AMENDED

 

DATE TO BE REVIEWED

2010

REPORTING REQUIREMENT

Annual compliance reporting

 

BOARD POLICY

 

It is the policy of the Ottawa Police Services Board with respect to use of force that:

 

a)      this Board, upon receiving a report on the investigation into an injury or death caused by the discharge of a member’s firearm, will:

i)                    review the report and make further inquiries as necessary; and

ii)                   file a copy with the Solicitor General, including any additional inquiries of the Board;

b)      this Board, upon being notified that the Chief of Police has discharged a firearm in the performance of his/her duty, will cause an investigation into the circumstances and file a report on the investigation with the Solicitor General;

c)      the Chief of Police will:

i)                    ensure that members do not use a weapon other than a firearm, with the exception of those used on another member in the course of a training exercise in accordance with procedures, unless:

·        that type of weapon has been approved for use by the Solicitor General;

·        the weapon conforms to technical standards established by the Solicitor General;

·        the weapon is used in accordance with standards established by the Solicitor General.

ii)                   ensure that, at minimum, police officers are:

·        issued a handgun that meets the technical specifications set out in the Equipment and Use of Force Regulation;

·        issued oleoresin capsicum aerosol spray;

·        issued a baton; and

·        trained in officer safety, communication, handcuffing and physical control techniques;

 

iii)                 ensure that members do not:

·        use force on another person unless they have successfully completed a training course on the use of force; and

·        carry a firearm unless, they have successfully completed a training course on the use of firearms, and is competent in the use of the firearm;

iv)                 ensure that, at least once every 12 months, members:

·        who may be required to use force on other persons receives a training course on the use of force; and

·        authorized to carry a firearm, receives a training course on the use of firearms;

v)                  permit the use of reasonable weapons of opportunity by police officers, when none of the approved options is available or appropriate to defend themselves or members of the public;

vi)                 establish procedures consistent with the requirements of the Equipment and Use of Force Regulation 926;

vii)               immediately cause an investigation to be made where a member unintentionally or intentionally discharges his or her firearm, except on a target range or in the course of weapon maintenance;

viii)              immediately cause an investigation and file a report to this Board where a member, by the discharge of a firearm in the performance of his or her duty, kills or injures another person;

ix)                 where the Chief discharges a firearm in the performance of the Chief’s duties, promptly report the matter to this Board;

x)                  ensure that a written record is maintained of the training courses taken by the members of the police service on the use of force and the use of firearms;

xi)                 ensure the reporting of the use of force by members in accordance with the Equipment and Use of Force Regulation 926;

xii)               ensure the ongoing review and evaluation of local use of force procedures, training and reporting; and

xiii)              provide a copy of the police service’s annual use of force study to this Board for review, and ensure the availability of the study to the community.