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OTTAWA POLICE SERVICES BOARD COMMISSION DE SERVICES POLICIERS D’OTTAWA
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Working together for a safer community La sécurité de notre communauté, un travail d’équipe |
REPORT RAPPORT |
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DATE 25 June 2012
TO/DEST. Chair and Members, Ottawa Police Services Board
FROM/EXP. Executive Director, Ottawa Police Services Board
SUBJECT/OBJET AMENDMENT TO BOARD POLICY ON CRIMINAL INVESTIGATION MANAGEMENT AND PROCEDURES
That the Ottawa Police Services Board approve the amended Board Policy on Criminal Investigation Management and Procedures (#LE-006) set out in 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 through 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. For each Board policy there is a corresponding police service policy or “procedure” that contains the detailed operational requirements mandated by the Ministry.
In August 2011 the Ministry issued an “All Chiefs Memo” as a result of the Goudge Inquiry, which made recommendations with respect to systemic failings and to improve public confidence in Ontario’s pediatric forensic pathology system. Following the Goudge Inquiry, the Goudge Inquiry Working Group was struck in partnership with the Ministry of Community Safety and Correctional Services, and the Ontario Homicide Investigators Association, to address the Inquiry recommendations related to policing. Among the Working Group’s outputs are amendments to the Ministry’s Guideline on Criminal Investigation Management and Procedures (LE-006). This Ministry guideline is captured in the Board’s Policy LE-006 of the same name. The amendments include the addition of a Preamble to the Board policy, as well as a change to the Police operational policy regarding the establishment of a provincial roster of police officers with specialized training and expertise in pediatric death investigations.
The current version of the Board policy is as follows:
Current Version
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LEGISLATIVE REFERENCE / AUTHORITY |
Ontario Adequacy Standards Regulation 3/99, sections 5(1)(d), 9, 11(1), 11(2), 11(3), 11(4), 12(1), 14(1), 14(3), 14(4) and 29. |
BOARD POLICY
It is the policy of the Ottawa Police Services Board with respect to general criminal investigation that:
a) The Chief of Police will:
i) periodically review and report back to the board on the occurrences which can be investigated by members of the police service based on their knowledge, skills and abilities, and which occurrences require the services of another police service;
ii) prepare a criminal investigation management plan that meets the requirements of the Adequacy Standards Regulation, including identifying the type of occurrences which should be investigated by another police service or through a combined, regional or cooperative service delivery method;
iii) develop and maintain procedures on and processes for undertaking and managing criminal investigations;
iv) establish a selection process for criminal investigators, including ensuring that members who provide this service meet the requirements of the Adequacy Standards Regulation;
v) ensure that the police service has one or more members who are criminal investigators;
vi) require supervisors to ensure that the member assigned an occurrence listed in the criminal investigation management plan has the knowledge, skills and abilities to investigate that type of occurrence;
vii) ensure that persons providing scenes of crime analysis and forensic identification investigative supports meet the requirements of the Adequacy Standards Regulation; and
viii) ensure that persons who provide other investigative supports identified in (b) have the knowledge, skills and abilities to provide that support.
b) Scenes of crime analysis, forensic identification, canine tracking, physical surveillance, electronic interception, video and photographic surveillance and polygraph investigative supports will be provided by its own members. Behaviourial science support will be provided by OPP (Orillia), which is mandated to provide the service as required.
Revised Version
The policy as amended by the Ministry would be the same as above except with the addition of the following Preamble:
PREAMBLE
The objective of Criminal Investigations Management and Procedures is to ensure that investigations into criminal acts:
· are effectively and efficiently investigated by qualified investigators and investigative supervisors;
· respect the individual rights of victims, persons of interest, suspects and witnesses alike; and
· are capable of supporting a successful prosecution of the person(s) for the criminal acts in question.
A copy of the revised policy with the amendment incorporated 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 has made revisions to the Criminal Investigation Management and Procedures Guideline, which is reflected in the Board’s Policy Manual as Policy LE-006. 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)