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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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25 November 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 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 Ottawa Police Service (OPS).
Annex A: SIU Investigative File # 13-OVI-223 - Ontario Vehicle Injury
Annex B: SIU Investigative File # 11-OCI-168—Ontario Custody Injury
(Original signed by)
Charles Bordeleau
Chief of Police
Responsible for report: Superintendent T. Cheslock
Annex A: SIU Investigative File # 13-OVI-223 - Ontario Vehicle Injury
In September 2013, an officer was on patrol in a marked police vehicle and was involved in a motor vehicle collision. The officer proceeded through a controlled intersection and struck two pedestrians. Both pedestrians were transported to hospital with non-life threatening injuries; however, one was later diagnosed with a fractured left shoulder.
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. There are no reasonable grounds to believe that the named subject officer committed a criminal offence in relation to the injuries sustained by the victims.
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 officer was appropriate or contributed to the injuries of both victims. After a review of the evidence, the investigation determined that the officer was at fault for the collision.
The results are as follows:
Conduct: After review of the circumstances, it was determined that the involved officer was responsible for the motor vehicle collision. The officer is subject to internal discipline.
Policies: The following policies were reviewed; Police Vehicle Collisions, Special Investigations Unit. 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-168 - Ontario Custody Injury
In August 2011, officers attended a call for service in response to a male who appeared to have passed out in a public place. Upon their arrival officers attempted to awaken the individual who became violent. The officers attempted to affect an arrest and grounded the male. As a result of the interaction with police the individual suffered facial injuries and was transported to hospital for treatment. It was later determined by hospital staff that the individual sustained facial fractures.
The Special Investigations Unit was contacted and invoked its mandate.
INVESTIGATION
Special Investigation Unit Investigation
In September of 2011 the SIU concluded its investigation and both officers were charged criminally with the offence of assault causing bodily harm. In October of 2013 the trial concluded and the criminal charges were dismissed by Justice Vaillancourt.
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.
The investigation has determined that the officers were in lawful execution of their duties and that there is no evidence of any misconduct on the part of the involved officers that may have contributed to the injuries of the individual.
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 intervention used was deemed appropriate. However, a policy breach was found as the arresting officers each failed to submit a Use of Force Report. The two officers are subject to internal discipline.
Policies: The following policies were reviewed; Arrest, Prisoner Care and Control, Use of Force, 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.
