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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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25 March 2013 |
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TO/DEST:
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Executive Director, Ottawa Police Services Board |
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FROM/EXP:
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Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
REPORT ON SIU INVESTIGATIONS
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That the Ottawa Police Services Board receives this report for information.
BACKGROUND
The attached appendices outline the calls for service that resulted in SIU being contacted and invoking their mandate. The background of the incident, SIU investigation, and recommendations are provided. Pursuant to section 11 of Regulation 267/10 of the Police Services Act, for each incident an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of the incidents, and to determine if the conduct of the police officers was appropriate.
The incidents contained in appendices 1, 3, and 4 were investigated by SIU, and the files have been closed with no further action being contemplated on their part. The Professional Standards Section investigation found no issues with conduct, service or policy.
The incidents in appendices 2 and 5 were investigated by SIU, and the files have been closed with no further action being contemplated on their part. However, the Professional Standards Section investigation found evidence of misconduct which is subject to internal discipline. There were no service or policy issues identified.
(Original signed by)
Charles Bordeleau
Chief of Police
Responsible for report: Superintendent Terrance Cheslock
Appendix 1: SIU Investigative File #12-OCD-364-Ontario Custody Death
Appendix 2: SIU Investigative File #12-OVI-292-Ontario Vehicle Injury
Appendix 3: SIU Investigative File #12-OCD-287-Ontario Custody Injury
Appendix 4: SIU Investigative File #12-OCI-310-Ontario Custody Injury
Appendix 5: SIU Investigative File #12-OCI-344-Ontario Custody Injury
Appendix 1: SIU Investigative File #12-OCD-364-Ontario Custody Death
In December 2012, officers attended a residence in the City of Ottawa in response to a neighbour dispute and damages to property. The individual was located at the residence on the 12th floor of an apartment complex. The attending officers spoke to the individual in regard to the individual’s behaviour. The officers left the individual at the residence and returned to their police vehicles.
In the absence of the officers’ presence, the individual jumped from his 12th floor apartment balcony and succumbed to the injuries. The Special Investigations Unit was contacted and invoked its mandate.
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“The investigation by this unit has been completed, the file has been closed and no further action is contemplated. In my view, there are no reasonable grounds to believe that the named subject officers committed a criminal offence in relation to the death of the victim.”
Professional Standards Section Investigation
Pursuant to section 11 of Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate or contributed to the victim’s death.
This investigation confirmed that there was no misconduct by the officers and that the subject’s death could be only attributed to the victim’s own actions.
The results are as follows:
Conduct: There were no conduct issues identified.
Policies: The following policies were reviewed; Arrest, Release of Person, Special Investigations Unit. There were no issues identified.
Service: The officers were in lawful execution of their duties and their actions did not contribute to the death of the victim.
No further action to be taken on this matter.
Appendix 2: SIU Investigative File #12-OVI-292-Ontario Vehicle Injury
In October 2012, an officer driving an unmarked police vehicle was involved in a motor vehicle collision resulting in injuries to the officer and a 12 year old child. Both the officer and the victim were taken to hospital. The officer was diagnosed with a fractured left hand and the 12 year old child was diagnosed with a fractured right thumb. The Special Investigations Unit was contacted and invoked its mandate.
INVESTIGATION
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“The investigation by this unit has been completed, the file has been closed and no further action is contemplated. In my view, there are no reasonable grounds to believe that the named subject officer committed a criminal offence in relation to the motor vehicle collision causing injury to the victim.”
Professional Standards Section Investigation
Pursuant to section 11 of Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officer was appropriate or contributed to the child’s injuries.
The investigation has determined that this collision could have been prevented with more due care and attention on the part of the involved officer.
The results are as follows:
Conduct: After review of the circumstances, it was determined that the involved officer was responsible for the motor vehicle collision. The officer was subject to internal discipline.
Policies: The following policies were reviewed; Police Vehicle Collisions, Special Investigations Unit. There were no issues identified.
Service: No service issues were identified during this investigation.
No further action to be taken on this matter.
Appendix 3: SIU Investigative File #12-OCD-287-Ontario Custody Injury
In October 2012, an officer with the Ottawa Police operating in a plainclothes capacity encountered a subject yelling and screaming obscenities at other citizens passing by. The officer identified themselves as a police officer, and approached the subject in an attempt to stop, and identify, the individual. The officer was immediately assaulted and the individual attempted to flee police. Other officers in the area assisted and the individual was placed under arrest. Subsequent to this arrest, officers observed that the subject had an injured ankle. The individual was transported to the hospital and later diagnosed with a fractured right ankle. The Special Investigations Unit was contacted and invoked its mandate.
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“The investigation by this unit has been completed, the file has been closed and no further action is contemplated. In my view, there are no reasonable grounds to believe that the named subject officers committed a criminal offence in relation to the fractured right ankle sustained by the complainant.”
Professional Standards Section Investigation
Pursuant to section 11 of Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate or contributed to the complainant’s injury.
This investigation confirmed that the officers were in lawful execution of their duties and found no misconduct by the officers. The level of force used was reasonable and consistent with the training provided to all officers in the province of Ontario. The injury was more a result of the complainant’s own actions and non-compliance with the officers commands.
The results are as follows:
Conduct: There were no conduct issues identified.
Policies: The following policies were reviewed; Use of Force, Arrest, Uniforms and Personal Appearance, Special Investigations Unit, Prisoner Escort, Prisoner Care and Control. There were no issues identified.
Service: The officers were in lawful execution of their duties and only exercise the level of force necessary to affect the arrest of the individual in accordance to the Criminal Code of Canada and the Police Services Act of Ontario. The force used was consistent with the level of non-compliance by the individual and no issues were identified.
CONCLUSION
No further action to be taken on this matter.
Appendix 4: SIU Investigative File # 12-OCI-310-Ontario Custody Injury
BACKGROUND
In October 2012 officers attended a residence in the City of Ottawa in response to a domestic dispute. As officers attempted to make arrangements to gain entry to the residence they located a seriously injured subject on the ground outside of the building. The Special Investigations Unit was contacted and invoked its mandate.
INVESTIGATION
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“The investigation by this unit has been completed, the file has been closed and no further action is contemplated. In my view, there are no reasonable grounds to believe that the named subject officers committed a criminal offence in relation to the injuries sustained by the complainant.”
Professional Standards Section Investigation
Pursuant to section 11 of Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate or contributed to the complainant’s injuries.
This investigation confirmed that the officers were in lawful execution of their duties and that the complainant’s injuries were as a result of their own actions. No misconduct can be attributed to any of the involved officers
The results are as follows:
Conduct: There were no conduct issues identified.
Policies: The following policies were reviewed; Arrest, Prisoner Care and Control, Prisoner Escort, Search Warrant, Partner Assault/ Partner Conflict. There were no issues identified.
Service: The officers were in lawful execution of their duties and their actions did not contribute to the victim’s injuries.
CONCLUSION
No further action to be taken on this matter.
Appendix 5: SIU Investigative File # 12-OCI-344-Ontario Custody Injury
BACKGROUND
In November 2012 officers attended an area in the City of Ottawa in response to an inebriated subject on the street. The subject was located and transported by officers to the residence of the victim who took custody of the individual. In response to a 911 call, police re-attended the same residence and the subject was placed under arrest for allegations of assault with a weapon and sexual assault. The Special Investigations Unit was contacted and invoked its mandate.
INVESTIGATION
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“The investigation by this unit has been completed, the file has been closed and no further action is contemplated. I do not have reasonable grounds to believe that their conduct raises criminal law concerns.”
Professional Standards Section Investigation
Pursuant to section 11 of Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate or contributed to the complainant’s injuries.
The results are as follows:
Conduct: There is evidence of misconduct and this will be addressed through internal discipline.
Policies: The following policies were reviewed; Special Investigative Unit, Arrest, Release of a Person, Partner Assault/Partner Conflict, Police Services Act and the Criminal Code of Canada.
Service: No service issues were identified as a result of this investigation.
CONCLUSION
A Chief’s complaint has been initiated to review the misconduct and it will be addressed through the internal discipline process.
