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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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23 September 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.
The attached annexes outline calls for service that resulted in the Special Investigations Unit (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 # 13-OFI-127 - Ontario Firearms Injury
Annex B: SIU Investigative File # 13-OCI-139 - Ontario Custody Injury
(Original signed by)
Charles Bordeleau
Chief of Police
Responsible for the report: Superintendent Terry Cheslock
SIU Investigative File # 13-OFI-127 - Ontario Firearms Injury
In June 2013, officers attended an east end street location in the City of Ottawa in response to an individual armed with a knife that was yelling, breaking a vehicle windshield and accosting drivers of stopped vehicles. The initial attending officer located the individual armed with the knife and repeatedly commanded that he drop the weapon. The individual refused to comply and advanced towards the officer holding the knife and yelling. The officer discharged their firearm and the individual was struck. The individual was transported to hospital where they received treatment for serious but non-life threatening injuries. The individual was subsequently charged with several criminal offences.
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.
I thank you for the cooperation of all members of your police service in the conduct of this investigation.”
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 individual’s injuries.
This investigation confirmed that there was no misconduct by any officers and that the injuries could be only attributed to the individual’s non-compliance with his lawful arrest.
The results are as follows:
Conduct: In the Province of Ontario, the training standard in relation to the use of force was established and recognizes that individual officers may respond to the same situation with different use of force response options considering variable impact factors. Further, pursuant to Section 25(1) of the Criminal Code, officers are permitted to use force to affect an arrest in the lawful execution of their duties. Based on the circumstances of this incident the force used was deemed appropriate, therefore no conduct issues were identified.
Policies: As per the requirements of the Ontario Police Services Act and its regulations, every Police Service shall have polices that provide direction for the delivery of police services. In this matter a number of policies were reviewed including: Arrest, Prisoner Care and Control, Special Investigations Unit, Use of Force, Firearms Discharge, Departmental Firearms, Section 25(1) of the Criminal Code and the Provincial Use of Force Model. There were no issues identified.
Service: The Ottawa Police Service provides training to all of its members. A review of this incident confirmed that the officer met service expectations. As a result, no service issues were identified during this investigation.
No further action to be taken on this matter.
Annex B
SIU Investigative File # 13-OCI-139 - Ontario Custody Injury
In June 2013, officers attended an Ottawa business in relation to an individual who had committed a theft prior to fleeing the location. Attending officers located the individual nearby and attempted to affect an arrest. The individual resisted the initial attending officer and was grounded by the officer in an attempt to establish control. The individual was transported to hospital for treatment of open wounds and complaints of a sore arm. It was determined that the individual sustained a broken left arm. 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 her arrest.
The results are as follows:
Conduct: In the Province of Ontario, the training standard in relation to the use of force was established and recognizes that individual officers may respond to the same situation with different use of force response options considering variable impact factors. Further pursuant to Section 25(1) Of the Criminal Code, officers are permitted to use force to affect an arrest in the lawful execution of their duties. Based on the circumstances of this incident the force used was deemed appropriate, therefore no conduct issues were identified.
Policies: As per the requirements of the Ontario Police Services Act and its regulations, every Police Service shall have polices that provide direction for the delivery of police services. In this matter a number of policies were reviewed including:; Arrest, Prisoner Care and Control, Use of Force, Special Investigations Unit, Section 25(1) of the Criminal Code. There were no issues identified.
Service: The Ottawa Police Service provides training to all of its members. A review of this incident confirmed that the officers met service expectations. As a result, no service issues were identified during this investigation.
No further action to be taken on this matter.
