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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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27 May 2013 |
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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 SIU INVESTIGATIONS
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That the Ottawa Police Services Board receive this report for information.
BACKGROUND
The attached annexes outline calls for service that resulted in SIU being contacted and invoking their mandate. The background of the incident, SIU findings, and recommendations are provided. For each incident, the Professional Standards Section completed an investigation into policy, services and conduct of the involved members of OPS.
Annex A: SIU Investigative File # 12-OCI-359 - Ontario Custody Injury
Annex B: SIU Investigative File # 13-OCI-053 - Ontario Custody Injury
(Original signed by)
Charles Bordeleau
Chief of Police
Responsible for report: Superintendent Terrance Cheslock
Annex A
SIU Investigative File # 12-OCI-359 - Ontario Custody Injury
In December 2012, officers attended a residence in the City of Ottawa in response to a request by the Ottawa Paramedics Service for assistance with an intoxicated and assaultive individual. The individual was combative and officers used force to affect the arrest. The individual was subsequently transported to cells and later that evening, complained of a sore left shoulder. The individual was transported to hospital where it was determined that he had suffered a fracture to the upper arm.
The Special Investigations Unit was contacted and invoked its mandate.
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“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 officers committed a criminal offence in relation to the injuries sustained by the victim.”
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 OPS were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate or contributed to the victim’s injuries.
This investigation confirmed that there was no misconduct by the officers and that the injuries could be only attributed to the victim’s own actions.
The results are as follows:
Conduct: There were no conduct issues identified.
Policies: The following policies were reviewed: Arrest, Prisoner Care and Control, Special Investigations Unit, Liquor Licence Act, Section 25(1) of the Criminal Code. There were no issues identified.
Service: No service issues were identified during this investigation
No further action to be taken on this matter.
Annex B
SIU Investigative File # 13-OCI-053 - Ontario Custody Injury
In February 2013, officers attended a residence and arrested an individual for assault. In the course of executing the arrest, the male resisted the officers and force was used by the attending officers to affect the arrest. The individual was transferred to cells and later complained of chest pains. He was transported to hospital where it was determined that he had three fractured ribs. The Special Investigations Unit was contacted and invoked its mandate.
INVESTIGATION
Special Investigation Unit Investigation
The Director of the Special Investigations Unit advised the following:
“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 injuries sustained by the complainant.”
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 or contributed to the victim’s injuries.
The investigation has determined that the officers were in lawful execution of their duties and that there is no evidence of misconduct on the part of any of the involved officers. The injuries sustained were as a result of the individual’s non compliance during his arrest.
The results are as follows:
Conduct: There were no conduct issues identified
Policies: The following policies were reviewed; Arrest, Prisoner Care and Control, Special Investigations Unit, Section 25(1) of the Criminal Code. There were no issues identified.
Service: No service issues were identified during this investigation.
No further action to be taken on this matter.
