|
|
REPORT RAPPORT |
|
|
REPORT RAPPORT |
|
DATE:
|
25 June 2012 |
|
TO/DEST:
|
Executive Director, Ottawa Police Services Board |
|
FROM/EXP:
|
Chief of Police, Ottawa Police Service |
|
SUBJECT/OBJET: |
REPORT ON S.I.U. INVESTIGATION – CUSTODY INJURY – MARCH 2012
|
That the Ottawa Police Services Board receives this report for information.
Ottawa Police officers responded to a single motor vehicle collision in March 2012. As officers began their investigation, they formed the grounds to arrest the driver of the motor vehicle for impaired driving. The driver became resistant to officers while being placed under arrest. Once arrested, the driver complained of an injury to the right arm and was immediately taken to the hospital. A physician diagnosed the injury as a fracture to the right arm.
The Special Investigations Unit was contacted and invoked its mandate.
Special Investigation Unit Investigation
“Pursuant to s. 11(4) of Regulation 267/10 under the Police Services Act, I advise you that my report regarding the Custody Injury that occurred in March 2012, has been sent to the Attorney General.
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 the injury sustained by the complainant, in March, 2012. In the evening of that day, (the driver) was involved in a motor vehicle collision that caused the subject officer to be dispatched to the scene. The officer smelled alcohol on her breath and arrested her for impaired driving. During the arrest process, the subject officer attempted to handcuff her and she began to resist. She went to the ground and her elbow was fractured in the process:
The subject officer had the lawful authority to arrest (the driver) for impaired driving based upon his observations. Further he had the authority to apply handcuffs as part of the arrest process. While somewhat unclear, it is likely that she fell to the ground due to her active resistance, causing her elbow to fracture either because the subject officer was holding her left arm or as a result of contact with the ground. On either basis, the injury she sustained was as a result of an accident as opposed to the application of excessive force by the subject officer. Accordingly, I cannot form the grounds that excessive force was used in the circumstances of this incident, notwithstanding the serious injury.
I thank you for the cooperation of all members of your police service in the conduct of this investigation.
Due to the provisions of the Police Services Act and the Regulations, I am unable to provide you with a copy of my report to the Attorney General. If, however, you wish to discuss any aspect of this matter, I invite you to call William Curtis, this Unit’s Executive Officer, or me.
Yours sincerely,
Ian Scott
Director SIU”
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.
The results are as follows:
Conduct: The allegation of misconduct was investigated pursuant to the Police Services Act. Legislative provisions for Police Officers in Ontario authorize the use of force necessary to execute their duties. Officers are accountable for any force that is used beyond what is necessary in the execution of their duties.
This investigation confirmed that no excessive force was used. No misconduct was identified.
Police officers re-qualify annually in their ‘use of force’ training to refresh decision making skills in live scenarios and practical skills with issued weapons. It was confirmed that the subject officer had successfully re-qualified in use of force as per legislative requirements.
Policies: As per the requirements of the Ontario Police Services Act and its regulations, every Police Service shall have policies that provide direction for the delivery of policing services. In this matter a number of policies were reviewed including Arrest policy, Care and Control of Prisoners’ policy and Impaired Driving policy. A review of the matter and all legislative and policy requirements related to this incident confirmed that all relevant policies were adhered to.
Service: The Police Services Act confirms the mandate of the Police to attend to calls for service including Motor Vehicle Collisions. The Ottawa Police Service responded to this call as per the mandate of the police service. No service issues were identified.
No further action to be taken on this matter
(original signed by)
Charles Bordeleau
Chief of Police
