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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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24 September 2012 |
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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 S.I.U. INVESTIGATION –
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That the Ottawa Police Services Board receive this report for information.
In March 2012, Ottawa Police officers responded to a call for a victim requiring assistance. Officers learned that the subject was the victim of a partner assault and formed the grounds to arrest the suspect for that offence. Officers attended the residence of the suspect and observed the apartment to be in a state of disarray, consistent with a struggle having taken place therein. The suspect was arrested without incident and transported to the central cellblock. The suspect was processed at the central cellblock and lodged pending further investigation by partner assault investigators.
Several hours later the suspect was transported to hospital as there was a requirement for medication for a known medical condition. The suspect also complained of having a sore foot and was diagnosed with having fractured toes on the left foot.
The Special Investigations Unit was contacted and invoked its mandate.
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“Pursuant to s. 11(4) of Regulation 267/10 under the Police Services Act, I advise you that my report regarding the custody of (an individual) 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 subject officer committed a criminal offence in relation to the injuries sustained by the complainant. The subject officer was involved in the lawful arrest of the complainant at the apartment and took the subject to the Ottawa Police Station. The subject was later transported to the Ottawa General Hospital where the subject was diagnosed as sustaining several fractured toes to the left foot. There is simply no evidence as a result of this investigation to suggest that the subject officer was responsible for these injuries.
I thank you for the cooperation of all members of your police service in the conduct of this investigation.
Ian Scott
Director”
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. The investigation concluded that the attending officers had the lawful authority to attend the residence of the complainant and that reasonable grounds existed to arrest him for the offence of assault.
The investigation concluded that the officers affected the arrest with no application of force, beyond the placing of handcuffs, and evidence supports that the injuries to the complainant were sustained prior to the arrival of the police officers.
This investigation confirmed that no excessive force was used. No misconduct was identified.
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 the Partner Assault/ Partner Conflict policy, Arrest Policy, Prisoner Care and Control Policy, Special investigations Unit Policy, and the Use of Force Policy. A review of the matter and all legislative and policy requirements related to this incident confirmed adherence with all applicable policies.
Service: The Police Services Act confirms the mandate of the Police to attend to calls for service including partner conflicts. The Ottawa Police Service is committed to ensuring effective and consistent police response to domestic violence and to providing maximum protection to partner assault victims by utilizing the resources of both criminal justice and social agencies in a concerted effort to identify and prosecute offenders. 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
