OTTAWA POLICE SERVICES BOARD COMMISSION DE SERVICES POLICIERS D’OTTAWA
	Working together for a safer community La sécurité de notre communauté, un travail d’équipe	REPORT RAPPORT

DATE                              26 November 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 CHILD PORNOGRAPHY

RECOMMENDATION

That the Ottawa Police Services Board approve the amended Board Policy #LE‑036 on Child Pornography (Internet Child Exploitation) 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 associated 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 “procedure” that contains the detailed operational requirements mandated by the Ministry.

In October 2012 the Ministry issued an “All Chiefs Memo” advising of amendments to the Ministry Guideline on Child Pornography (LE-036).  This Ministry guideline is captured in the Board’s Policy LE-036 of the same name. 

Guideline LE-036 was developed in 2000 and is being amended now to address the proliferation of the internet and technology facilitating child pornography, and the needs of police to respond.  The Ministry established a working group with representatives from the Provincial Strategy to Protect Children from Sexual Abuse and Exploitation on the Internet (Provincial Strategy) to conduct a review of the guideline.  The former Policing Standards Advisory Committee was also consulted and was supportive of the changes to the revised Child Pornography guideline. 

The current version of the Board policy is as follows:

Current Version

LEGISLATIVE REFERENCE / AUTHORITY

Ontario Adequacy Standards Regulation 3/99, section 29

BOARD POLICY

It is the policy of the Ottawa Police Services Board with respect to child pornography investigations that the Chief of Police will:

a) develop and maintain procedures that require that investigations be undertaken in accordance with the police service’s criminal investigation management plan; and

b) require that the Ontario Provincial Police Child Pornography Unit be immediately notified in all cases of suspected child pornography.

Revised Version

The policy as amended by the Ministry contains the following changes:

• Add “(Internet Child Exploitation)” to the title of the guideline / policy.
• Include Criminal Code definitions for Child Pornography and Child Luring.
• Change notification requirements from the OPP Child Pornography Unit to the Provincial Strategy to Protect Children from Sexual Abuse and Exploitation on the Internet for all cases of suspected child pornography (Internet child exploitation).  The term “Internet child exploitation” is clarified to mean the type of child pornography which victimizes children using the Internet.
• Add a best practice for police services to ensure support is provided to manage the psychological well-being of members to acknowledge risks associated with long-term effects from exposure to Internet child exploitation investigation-related activities.
• Update police procedures on the investigation of child pornography (Internet child exploitation) to address current evidentiary issues and protocols.
• Add a subsection on training, where every Chief of Police should ensure that the police service’s skills development and learning plan addresses the training for child pornography (Internet child exploitation) investigators, either through formal training or working under the supervision of or in consultation with a trained investigator. 

A copy of the revised Board policy with the amendments incorporated is attached at Annex A.  Amendments to the police service portion of the Ministry Guideline will be captured in the Chief’s internal procedures. 

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 Child Pornography Guideline, which is reflected in the Board’s Policy Manual as Policy LE-036.  Approval of the amendments proposed in this report will ensure the Ottawa Police Services Board remains compliant with Ministry standard guidelines. 

(original signed by)

W. Fedec

Attach. (1)