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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 May 2012 Ottawa Police officers responded to a call from a business stating that a patron was intoxicated and may require assistance to find their way home. Officers attended and learned that the subject, who lived nearby, had already fallen due to their intoxicated state. Officers interacted with the subject, who was clearly intoxicated but non-confrontational. The subject was able to provide the officers with their address but was unable to advise the officers whether a responsible person was present at their residence to ensure their safety.
The officers transported the subject to their residence and while they were attempting to ascertain the presence of a responsible person the intoxicated subject lost their balance and fell. The subject was transported to hospital where they were diagnosed with a fractured 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:
“Pursuant to s. 11(4) of Regulation 267/10 under the Police Services Act, I advise you that my report regarding the Custody Injury of a subject that occurred in May, 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 either of the named subject officers committed a criminal offence in relation to a left ankle fracture sustained by the complainant. In this incident, the complainant has no recollection of the material events and the subject officers declined to provide the SIU with a statement, as is their right.
This injury could have happened in one of two ways. Either, the fracture occurred when the subject fell at the threshold of the café before the subject officers arrived on the scene. Alternatively, it could have occurred in the subject’s residence in the presence of the two subject officers. Given the uncertainty over where the injury took place and the involvement of the subject officers with the complainant if the injury occurred in the subject’s residence, I cannot form reasonable grounds that the officers were responsible for causing the fracture. Accordingly, no information may be laid in this matter.
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 officers were responding to a call for assistance and performed their duties in accordance with the requirements outlined in the Police Services Act and Ottawa Police Service Policies and Procedure. They intended on meeting their duty of care for the complaint by taking them to a responsible person for support.
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 Intoxicated Persons Policy and the Special Investigations Unit Policy. A review of 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 intoxicated persons. The Ottawa Police Service cares for and handles intoxicated persons ensuring they are treated with respect and human dignity while paying attention to safety, security and health concerns. The attending officers were attempting to assist the intoxicated subject in a respectful manner while ensuring their safety. No service issues were identified.
No further action to be taken on this matter.
(original signed by)
Charles Bordeleau
Chief of Police
