|
|
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 22 April 2013
TO/DEST. Chair and Members, Ottawa Police Services Board
FROM/EXP. Executive Director, Ottawa Police Services Board
SUBJECT/OBJET BOARD POLICY ON ACOUSTIC HAILING DEVICES
That the Ottawa Police Services Board approve a new Board policy on Acoustic Hailing Devices (#AI-017) as 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 the 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.
On 4 February 2013 the Ministry announced a new guideline entitled “Acoustic Hailing Devices” (AI-017). The new policy is the result of a review of acoustic hailing devices (AHDs) by the Ministry, and is intended to ensure that AHDs are used only for the purposes of communicating and that they are used in a way that minimizes risk to the public.
To provide additional background, the following excerpt from the Ministry’s Review is provided:
“Long-Range Acoustic Devices (LRADs) are a type of acoustic hailing device (AHD) that provide communication and warning functions using directed acoustic energy.
Multiple models are currently available with common features including two functional settings. The “voice” function acts as a powerful loudspeaker or megaphone while the “alert” function emits a high decibel, narrow frequency, focused set of sound waves.
Prior to the G8 and G20 summits in Huntsville and Toronto in June 2010, the Toronto Police Service (TPS) and Ontario Provincial Police (OPP) procured LRADs for possible use during the summits. The Canadian Civil Liberties Association (CCLA) brought a motion for an interlocutory order restraining these police services from using the alert function on the LRADs and from using the communications function at sound levels above that prescribed under Ontario’s Occupational Health and Safety Act (OHSA). No order was made against the OPP while an order against TPS was lifted when that police service adopted the OPP standard operating procedures for its LRADs.
Following the summits, the CCLA wrote to the Ministry of Community Safety and Correctional Services (MCSCS) to state its position that the LRAD is a weapon and its use by police should be regulated as per section 14(1) of the Equipment and Use of Force Regulation (R.R.O. 1990, Reg. 926) under the Police Services Act (R.S.O. 1990).
In response to concerns expressed by the CCLA the Ministry undertook a review of the police use of LRADs, the primary purpose of which was to provide relevant information to assist in determining whether the LRAD should be characterized as a weapon.”
The review included a jurisdictional scan, literature review, acoustic testing and assessment, and consultation with health and safety experts, policing partners, municipal stakeholders and civil liberties associations. As a result of the review, amendments have been made to the Province’s Equipment and Use of Force Regulation (R.R.O. 1990, Reg. 926) to provide direction to police services regarding the use of AHDs, and in addition a new Ministry Guideline AI-017 on AHDs has been issued.
A Board Policy (#AI-017) is attached as Annex A incorporating the requirements of the Guideline issued by the Ministry and is submitted for the Board’s approval.
CONSULTATION
No consultation was required as a new Guideline has been published 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 known 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 recently announced a new Guideline on Acoustic Hailing Devices, which is reflected in the attached Board Policy #AI-017. Approval of the policy proposed in this report will ensure the Ottawa Police Services Board remains compliant with Ministry standard guidelines.
(original signed by)
W. Fedec
Attach. (1)