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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 April 2012 an Ottawa Police officer conducted a traffic stop of a vehicle in the market area of Ottawa. The officer learned, through investigation, that the driver was committing a criminal act by breaching conditions of a judicial release. The officer informed the driver he was being arrested for the breach and directed the driver to exit the vehicle and place their hands behind their back. The driver did not comply with that request and started to flail their arms. The driver then turned toward the officer in an aggressive manner and the officer responded by delivering one knee strike to the upper leg/buttocks area of the driver. The driver was controlled without further application of force. The driver then told the officer that there was an injury to their right arm and the officer handcuffed the driver’s arms in front of their body to prevent any further pain or discomfort. Medication for treatment of the pre-existing injury was retrieved from within the vehicle.
The driver was transported to the central cellblock by an accompanying officer without complaint or further mention of injury.
The driver advised the cellblock Sergeant of pain in the right wrist and the driver was transported to hospital where they were diagnosed as having a fracture.
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 April 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 to the fractured wrist sustained by the complainant in April, 2012. If the subject officer pulled on the complainant’s wrist during the handcuffing phase of the arrest and caused the injury, in my view, this action could not be considered to be an excessive use of force; the subject officer had the lawful authority to arrest in these circumstances.
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 arresting officer had the lawful authority to conduct the traffic stop and affect the arrest of the driver for a criminal offence.
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.
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.
This investigation confirmed that the officer used appropriate force to make the lawful arrest.
The investigation also indicated that there was evidence of a pre-existing injury to the wrist of the driver.
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 Prisoner Escort 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 Ottawa Police Service affirms the fundamental rights found in the Canadian Charter of Rights and Freedoms, of all persons to be afforded respect and dignity when arrested, searched and released by police officers. In addition, the Ottawa Police Service provides training to its members to ensure prisoners are escorted in a safe and secure manner. A review of this incident confirmed the officer met service expectations.
No further action to be taken on this matter.
(original signed by)
Charles Bordeleau
Chief of Police
