01-01 Flashcards
Administrative Investigation
means a police investigation to review the policies of, or services provided by the Service and the conduct of its police officers pursuant to s. 11 of Ontario Regulation 267/10 made under the Police Services Act.
Association
means the Toronto Police Association or the Toronto Police Senior Officers’ Organization.
Chief’s Special Investigations Unit (SIU) Liaison Officer
Chief’s Special Investigations Unit (SIU) Liaison Officer means a uniform senior officer of the Toronto Police Service designated by the Chief of Police to act as the main liaison with the SIU in all matters relating to SIU investigations. The Chief’s SIU Liaison Officer oversees the Chief’s SIU On-Call Designate Cadre and Professional Standards Support SIU Liaison Section while in the field.
Critical Incident Response Team (CIRT)
Critical Incident Response Team (CIRT) means the team consisting of Peer Support Volunteers coordinated through the Service to respond to incidents where critical incident stress may occur and to assist members and their families to cope after becoming involved in a traumatic critical incident. CIRT members are trained in trauma response measures and are qualified to lead defusing sessions. CIRT members are not counsellors.
Employee and Family Assistance Program (EFAP) Liaison/Critical Incident Response Team (CIRT) Coordinator
Employee and Family Assistance Program (EFAP) Liaison/Critical Incident Response Team (CIRT) Coordinator means the member designated by the EFAP Committee to:
• liaise with
o the EFAP provider and its CIRT,
o the Toronto Police Operations Centre, Officer in Charge and/or unit commander, and the CIRT/Peer Support Volunteers (PSVs), and;
• work with CIRT/PSVs, the EFAP provider, and/or Psychological Services to co–ordinate defusing and debriefing sessions.
Peer Support Volunteer (PSV)
Peer Support Volunteer (PSV) means a Service member trained in trauma response measures and available on-call to provide ongoing assistance and support to members and their families after becoming involved in a traumatic critical incident. PSVs are qualified to lead defusing sessions. PSVs are not counsellors. The PSVs will assist members to seek professional treatment, if required.
Police Officer – SIU Investigations in reference to Special Investigations Unit (SIU) investigations
Police Officer – SIU Investigations in reference to Special Investigations Unit (SIU) investigations means a police officer engaged in the execution or purported execution of duty. Off–duty events may be subject to an SIU investigation. For example, but no limited to, the following events:
• where a police officer verbally identifies themselves as a police officer;
• where a police officer produces police identification
• where a police officer uses police equipment or property;
• where a police officer operates a Service vehicle; or
• where a police officer otherwise engages their oath of office.
The decision to contact the SIU in such circumstances will be at the discretion o the Chief’s SIU On-Call or, in their absence, the Duty Senior Officer – Toronto Police Operations Centre.
Civilian members including Court Officers, Parking Enforcement Officers and Special Constables are not included in the definition of a police officer for the purposes of the SIU.
Professional Standards Support Special Investigations (SIU) Liaison Investigator
Professional Standards Support Special Investigations (SIU) Liaison Investigator means the investigator assigned to the Professional Standards Support - SIU Liaison Section that support the Chief’s SIU On-Call and oversees all investigations required under Section 11 of Ontario Regulation 267/10.
Assistive Device
Assistive Device means a device used to replace, compensate for, or improve the functional abilities of people with disabilities which includes a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, environmental controls and respiratory devices.
Disability means
Disability meansa) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
b) a condition of mental impairment or a developmental disability;
c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
d) a mental disorder, or;
e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act; (“handicap”).
(Source: Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act)
Gender/Sex
Gender/Sex means the classification of individuals as male, female or transgender/transsexual.
Item of Religious Significance
Item of Religious Significance means any item, article, apparel, or clothing a person identifies as having religious importance.
Member – Prisoner Care & Control
Member – Prisoner Care & Control for the purposes of prisoner transportation, care and control, includes a
o police officer,
o court officer, and
o custodial officer.
Service Members’ Perception Data
Service Members’ Perception Data means information derived from a member making a determination with respect to the race of an individual by observation, solely on the basis of that member’s own perception.
Booking Hall System (BHS)
Booking Hall System (BHS) means a video surveillance system installed in the sally–port, booking hall and other areas of a police facility that is designed to record the booking and release of all prisoners as they enter and leave a police facility. The BHS is operated manually by the booking officer. (Booking Video)
Booking Officer
Booking Officer means a police officer, court officer or custodial officer designated by the officer in charge as the person responsible for the care and handling of persons detained in custody.
Court Cells
Court Cells means cells used during those hours in which the courts are sitting. A person shall be lodged in a court cell when:
• being held for a court appearance;
• awaiting transportation to a detention facility;
• ordered into custody by the court.
Designated Operator for the purposes persons in custody
Designated Operator for the purposes persons in custody means any member designated as an audio/video operator with an understanding of how to operate the equipment.
Detention Area Monitoring System (DAMS)
Detention Area Monitoring System (DAMS) means a video surveillance system installed in the prisoner detention areas of a police facility, such as the cells and the bullpen, which is designed to monitor and record the condition of prisoners while they are in custody. The DAMS is set to automatically record each cell and bullpen when activity is detected. (Cell Video)
Detention Facility
Detention Facility means a any central lock–up and/or booking hall.
Divisional Cells
Divisional Cells means cells that may be used for short term detention of a person in custody when:
• being processed, or waiting to be processed, or to ensure the safety of the person and/or
members;
• awaiting transportation to a central lock–up;
• being held for return by an outside agency.
Lock–Up
Lock–Up means an assigned division used to detain a person in custody
• when the person is held for a Show Cause hearing, or Judicial Interim Release where the bail court is closed
• when outside of admitting hours stipulated in Procedure 03–03
• in any other circumstances where detention is authorized and necessary.
See Appendix C for a list of assigned lock–ups.
Police Cells
Police Cells means divisional cells, central lock–ups and court cells used for the secure detention of persons in custody. An interview room is not a police cell.
Police Vehicle – Prisoner Transportation
Police Vehicle – Prisoner Transportation for the purposes of prisoner transportation, includes marked and unmarked vehicle owned or operated by the Service, that has the capacity to transport a driver and two or more passengers.
Valuable Property
Valuable Property means money, jewellery and other items that may make a prisoner the target of theft or robbery.
Warrant in the First Instance
Warrant 1st: A peace officer, who believes that an offence has been committed by a person not yet apprehended, may seek a warrant in the first instance upon presentation of an Information to a Justice. The Justice must be given R/G to believe that it is in the public interest that a warrant be issued.
• The ‘public interest’ may include
• the accused has fled
• the accused is evading capture
• danger to the public
• danger to the victim and/or witnesses
• nature and/or seriousness of the offence
• all attempts to locate the suspect have been exhausted
Persons arrested on a warrant 1st must be presented to the court for a bail hearing unless the warrant was endorsed by the issuing Justice authorizing the release of the arrested person by an OIC. The OIC retains the discretion to release when the warrant is endorsed.
Warrants of Committal
A warrant of committal may be issued by the court upon the conviction of an accused for an offence. It directs peace officers to arrest the named/described individual and generally, in default of payment of monetary penalty set by the court, to serve a period of time in jail.
Warrants of committal also include warrants issued for criminal convictions, small claims court warrants, federal/provincial parole violations, Immigration and Refugee Protection Act and provincial matters such as the Family Responsibility Act, the Trespass to Property Act, Safe Streets Act and the Highway Traffic Act. Persons arrested solely on warrants of committal are not to be brought before the court. They are to be processed according to the instructions contained within the body of the warrant.
Members executing a Warrant of Committal shall also comply with Procedure 02–02.
Bench Warrants
Bench Warrants
A bench warrant is an arrest warrant in Form 7 issued by a Justice having jurisdiction when an accused has failed to attend court
• when directed by Summons, Appearance Notice, Promise to Appear, Recognizance Entered Before an Officer in Charge, Judicial Interim Release, or
• when directed by the court to return on a subsequent date
When a person is arrested pursuant to a Superior Court bench warrant, the Superior Court Liaison Detective shall be advised forthwith by telephone, voicemail or TPS eFax of the following information
• name of the accused
• date of birth
• charge
• date of issue of the bench warrant
In the case of a bench warrant issued for drug charges, the person must be taken to Old City Hall Courts for a show cause hearing.
Bench Warrants – Fail to Appear or Additional Charge Being Laid
If a “FTA” or additional charge is laid in relation to the execution of a bench warrant issued by the Superior Court of Justice, the new charge will be heard in the Ontario Court of Justice (OCJ). However, the individual must appear at the Superior Court on the bench warrant before any other court appearances for new or additional charges.
In circumstances where the Superior Court is not sitting, a remand to the next sitting date of the Superior Court shall be sought at the bail hearing.
Members shall make a prominent notation on the confidential crown envelope (crown envelope) to ensure that the person is not released until appearances have been made in both courts. A TPS 178 shall be completed and given to a court officer at the OCJ.
Case managers shall advise the Liaison Detective at 361 University Avenue by telephone or TPS eFax of the execution of a Superior Court bench warrant at the time of processing.
When a Superior Court bench warrant is issued, the Liaison Detective at 361 University Avenue shall advise the warrant officer in the division in which the original charges were laid.
In the case of a person appearing on Toronto Police Service (Service) charges but also wanted on a warrant held by another jurisdiction, a TPS 178 shall be completed and given to a court officer at the Superior Court.
Surety Warrants
Surety Warrants
An accused may be released by a Justice on bail when another person, who is acceptable to the Justice, acts as a surety and signs the accused’s bail. By doing so, the surety accepts responsibility for the good conduct and appearance at court of the accused. The person acting as surety may lose the collateral (money or property stipulated in the bail recognizance) if the accused does not appear on a court date or breaches a bail condition.
A surety warrant is issued when the person who is acting as surety appears before a Justice and requests relief from the obligations of being a surety. Upon issue of a surety warrant by the Justice, the accused can be arrested and a new bail hearing must be held on the original charges. The original Information must be obtained and taken to court for the commencement of the new bail hearing.
If the accused is show caused at the court where the warrant originated, a clerk from Court Services will retrieve the Information. If the accused is show caused at a court other than where the original Information is held, the arresting unit shall arrange to obtain the Information and bring it to court.
Material Witness Warrants
Material Witness Warrants
Material witness warrants are issued by a Justice for the apprehension of a witness who is evading service of a subpoena or has not appeared in court after being served a subpoena (s. 698 and 705 CC). No charge is laid as a result of the warrant being issued. Following an arrest, a bail hearing must be held to determine if the witness should be released until required to appear and give evidence.
A person arrested solely for a material witness warrant shall not be fingerprinted.
Immigration Warrants
Immigration Warrants
Under section A55(1) of the Immigration and Refugee Protection Act (IRPA), a Canada Border Services Agency (CBSA) officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national whom the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection A44(2) of the IRPA.
When an inadmissible individual fails to comply with a CBSA officer’s request to appear at an enforcement office for reasons such as receipt of a pre–removal risk assessment (PRRA) determination or to enforce their removal from Canada at a port of entry, the CBSA officer may issue a warrant for the arrest and detention of the individual. After a full investigation, if the individual cannot be located, a Canada–wide warrant for their arrest is entered on the Canadian Police Information Centre (CPIC) system, which is accessible to all law enforcement agencies and ultimately gives their officers the authority to arrest on the CBSA’s behalf.
Family Responsibility Arrest Warrants
Family Responsibility Arrest Warrants
The Family Responsibility Office (FRO) is a centralized enforcement program mandated to enforce child and spousal court orders in the Province of Ontario. Staff from the FRO may commence and conduct proceedings on behalf of support recipients in the family court to ensure child and spousal support payments are made, including conducting a Default Hearing under s.41 of the Family Responsibility and Support Arrears Enforcement Act (FRSAEA).
If a support payor fails to attend a FRSAEA Default Hearing, the court may issue a warrant for arrest (Form 32B) under s. 41(7) of the FRSAEA. The warrant of arrest directs officers to take the named person to court so that a Justice can issue an undertaking to appear (Form 131) to the person, directing them to attend a later court date.
When a support payor is arrested on this type of warrant, the person may be taken to the family court, or if the court is not sitting, brought before a Justice of the Peace as soon as possible to be dealt with according to law.
The FRO Warrant unit may be contacted to assist in determining the appropriate court return date to be noted on the undertaking to appear or recognizance. Staff from the FRO can be reached via phone at 416-240-2443 (police only), and members should leave a detailed voicemail message when contacting the FRO outside of regular business hours.
Civil Warrants
Civil Warrants
There are two (2) types of civil warrants for arrest; namely, Small Claims Court warrants and Civil Court warrants. Members executing a civil warrant shall also comply with Procedure 02–14.
Medical Orders
Medical Orders
When a patient either refuses to be confined for treatment or has escaped from a medical facility while undergoing treatment for a contagious, virulent or infectious disease, the Health Protection and Promotion Act gives the Medical Officer of Health (MOH) having jurisdiction the authority to apply for a court order to compel the named person to be detained for treatment.
The order is specific to the named person, a named hospital and the police service in the jurisdiction where the application is made. Unless otherwise specified in the order, the effective radius for medical orders is restricted to the jurisdiction of the applicant MOH.
The West Park Healthcare Centre, located at 82 Buttonwood Avenue (in 12 Division), is the only medical facility in Ontario for treatment and control of contagious, virulent or infectious disease.
Abandoned Property
Abandoned Property means a thing over which a person has surrendered any possessory right or privacy right and which may or may not relate to a crime and/or crime scene and which potentially has some evidentiary value.
Affiant
Affiant means a police officer who swears to an affidavit, commonly used when requesting a search warrant before a Justice.
Case Manager
Case Manager means a police officer assigned to prepare and manage a case for trial. A case manager is assigned for each Confidential Crown Envelope (crown envelope) and designated in accordance with established unit policy.
Common Informant the purposes of court disclosure
Common Informant the purposes of court disclosure means a divisional warrant officer, or an on- duty designate, or a court officer who is a sworn peace officer, during the lawful execution of their duties.
• Court Officers may only act as a Common Informant for the purposes of bringing a Form 5.2 before a Justice when property has been seized and the accused has been show caused (first appearance only) and the Form 5.2 is completed correctly and is in the crown envelope at the time the accused is being held for a show cause hearing.
Continued Detention
Continued Detention means the detention of property beyond the initial 3 months from the date of seizure.
Exhibits Officer
Exhibits Officer means a police officer delegated to seize all property, commonly used when a search warrant is executed.
Forfeiture
Forfeiture means seizure of private property because
• it was illegally obtained, or
• it is an illegal substance, or
• the legal basis for possession has ended.
Forfeiture Order
Forfeiture Order means an Order prepared and signed by a Justice to authorize the disposal of seized property by the Public Prosecution Service of Canada (PPSC) and/or the Ministry of the Attorney General (MAG).
Found Property
Found Property means any property which was located by a member or a citizen and turned over to a member, and the item (at the time) has no apparent evidentiary value.
Informational Material
Informational Material means information obtained from a thing that is seized.
Justice
Justice means a Justice of the Peace or a Provincial Court Judge
(Source: S. 2 CC).
Peace Officer – Report to Justice for the purposes of filing a Report to Justice
Peace Officer – Report to Justice for the purposes of filing a Report to Justice means a police officer, or a court officer who is a sworn peace officer.
Property
Property means any article and/or document found by, seized by, surrendered to, or intended to be surrendered to a Service member.
Seized Property
Seized Property means a thing, including informational material, seized from a person and/or place, with or without a warrant, by a peace officer without that person’s consent.
Seizing Officer
Seizing Officer means a peace officer who has seized property, either with or without a search warrant, and includes a court officer during the lawful execution of their duties.
Surrendered Property
Surrendered Property means any article, document, informational material and/or thing whose possession has been voluntarily given to a member and the item (at that time) may or may not have apparent evidentiary value.
Child
Child means any person under the age of 18 years.
[Source: Child, Youth & Family Services Act, ss. 3(1)].
Electronic Mail (email)
Electronic Mail (email) means a system of world–wide electronic communication in which a computer user can compose and send a message, with or without attached files, from one terminal that can be regenerated at the recipient’s terminal when the recipient logs in. The Toronto Police Service (Service) has an internal e–mail and an external e–mail database. The internal e–mail database allows authorized users to send and receive messages within the Service. The external e–mail database allows authorized users to send and receive messages over the Internet.
Homicide Investigation
Homicide Investigation means an investigation led by Detective Operations - Homicide (Homicide) into the circumstances surrounding a sudden death where there is:
o obvious or suspected foul play,
o the cause of death cannot be explained,
o found human remains,
o any other suspicious circumstance.
Intimate Partner
Intimate Partner means a partner from a current or former intimate relationship.
Intimate Relationship
Intimate Relationship includes current or former relationships between opposite sex and same sex partners and include persons who:
o are legally married to one another;
o were previously married to one another;
o are not married, but are currently in a family–type relationship;
o are not married, but were formerly in a family–type relationship;
o have a child in common regardless of whether such persons have been married or lived together at one time, or;
o are (or have ever been) involved in a dating relationship.
Major Case Manager
Major Case Manager means the investigator responsible for the effective governance and management of every threshold major case investigation and possesses the knowledge, skills, and abilities to perform the functions of Major Case Management. The Major Case Manager shall have successfully completed the Ontario Major Case Management Course or equivalent as defined by the Ontario Police College, and; shall have the resources to manage investigations through the minister– approved software, currently known as PowerCase.
[Source: Ontario Major Case Management Manual]
For the purposes of a homicide investigation, the Major Case Manager shall be an investigator from Detective Operations – Homicide.
For the purposes of a sexual assault investigation, the Major Case Manager shall be an investigator from Detective Operations – Sex Crimes.
For the purposes of a Human Trafficking investigation, the Major Case Manager shall be an investigator from Detective Operations – Sex Crimes – Human Trafficking Enforcement Team.
For the purposes of a kidnapping investigation, the Major Case Manager shall be an investigator from Detective Operations – Organized Crime Enforcement.
Natural Causes
Natural Causes means a death due to explainable medical causes including old age or disease.
Primary Investigator
Primary Investigator means the investigator assigned by the Major Case Manager in every threshold major case investigation to perform the functions and responsibilities of the primary investigation function. The Primary Investigator shall have the knowledge, skills, and abilities to perform the function; shall have successfully completed the Ontario Major Case Management Course or equivalent, as defined by the Ontario Police College.
[Source: Ontario Major Case Management Manual]
Sudden Death
Sudden Death means an unexpected death that is instantaneous or occurs within minutes or hours from any cause other than violence.
Suicide
Suicide means the death of a person intentionally caused by the person’s own actions.
Unnatural Sudden Death
Unnatural Sudden Death means the unexpected death of a person by suicide, homicide, accident or suspicious circumstances, and includes found human remains, in whole or in part.
AMBER Alert
AMBER Alert means a co–operative effort between police, the media and the Ministry of Transportation to provide early notification to the public where a person under 18 years of age is believed to have been abducted and where circumstances lead police to believe that the abducted person is in danger of serious bodily harm or death and there is enough descriptive information about the abducted person, and/or the abductor, and/or the abductor’s vehicle to believe an immediate broadcast alert will help in locating the person. An AMBER Alert will have a duration of 5 hours following activation, unless cancelled or extended.
Divisional Search Box
Divisional Search Box means a portable storage box containing the necessary items essential to the supervisory officer at the scene of a Level 2 or Level 3 search. These items shall be determined by Procedure 04–05 and established practice, and should be located where it is easily accessible by the Officer in Charge.
Incident Commander
Incident Commander means the police officer who has taken charge of the incident and who is in charge at the Command Post and, in conjunction with other emergency services commanders, is responsible for coordinating and managing police response at an incident.
Last Known Position
Last Known Position means the last substantiated (by clues or evidence) position that the missing person was known to be.
Level 1 Missing Person Search
Level 1 Missing Person Search means the level of search implemented when a person is reported missing and there are no extenuating circumstances. At this level, there are minimal concerns regarding the issue of foul play or the infirmity or limitations of the missing person.
Level 2 Missing Person Search
Level 2 Missing Person Search means the level of search when a missing person is:
• under 16 years and judged likely to be incapable of caring for themselves;
• mentally challenged;
• over 65 years of age or infirm, or;
• there is evidence of foul play.
Level 3 Missing Person Search
Level 3 Missing Person Search means the level of search implemented when the Level 1 and Level 2 missing person searches are ineffective or if the situation, due to the extenuating circumstances, necessitates that this level be initiated immediately.
Major Case Manager
Major Case Manager means the investigator responsible for the effective governance and management of every threshold major case investigation and possesses the knowledge, skills, and abilities to perform the functions of Major Case Management. The Major Case Manager shall have successfully completed the Ontario Major Case Management Course or equivalent as defined by the Ontario Police College, and; shall have the resources to manage investigations through the minister– approved software, currently known as PowerCase.
[Source: Ontario Major Case Management Manual]
For the purposes of a homicide investigation, the Major Case Manager shall be an investigator from Detective Operations - Homicide.
For the purposes of a sexual assault investigation, the Major Case Manager shall be an investigator from Detective Operations – Sex Crimes.
For the purposes of a Human Trafficking investigation, the Major Case Manager shall be an investigator from Detective Operations - Sex Crimes-Human Trafficking Enforcement Team.
For the purposes of a kidnapping investigation, the Major Case Manager shall be an investigator from Detective Operations - Organized Crime Enforcement.
Missing Person
Missing Person – means a person where both the following circumstances exist with respect to the person:
• The persons whereabouts are unknown and,
o The person has not been in contact with people who would likely be in contact with the person, or
o it is reasonable in the circumstances to fear for the person’s safety because of the circumstances surrounding the person’s absence or because of any other prescribed considerations.
A member of a police force is unable to locate the person after making reasonable efforts to do so.
[Source: Missing Person Act, 2018]
Missing Persons Search Page
Missing Persons Search Page means a web page located on the Service Internet site used to publish information and pictures regarding missing persons investigations that have proceeded to a Level 3 search.
National Centre for Missing Persons and Unidentified Remains (NCMPUR)
National Centre for Missing Persons and Unidentified Remains (NCMPUR) means the national centre created and maintained by the Royal Canadian Mounted Police (RCMP) to compile data on missing persons and unidentified remains. The Toronto Police Service supports the centre and encourages officers to forward pertinent information to the RCMP to assist in matters of missing persons and unidentified remains.
National Missing Children’s Operations (NMCO)
National Missing Children’s Operations (NMCO) means the national registry created and maintained by the (RCMP) to compile data on missing and abducted children. The Toronto Police Service supports the registry and encourages officers to forward pertinent information to the RCMP to assist in matters of both parental and non–parental abduction.
Non–Parental Abduction
Non–Parental Abduction means the unlawful removal of a child by a person other than a parent, guardian, or person having lawful care or charge of the child.
Parental Abduction
Parental Abduction means the unlawful removal of a child by a parent, guardian, or any other person having lawful care or charge of a person under the age of fourteen whether or not there is a custody order in relation to that child made by a court, with the intent to deprive a parent, guardian, or person having lawful care or charge of the person.
Place Last Seen
Place Last Seen means a point where the missing person was actually seen by a witness.
Primary Investigator
Primary Investigator means the investigator assigned by the Major Case Manager in every threshold major case investigation to perform the functions and responsibilities of the primary investigation function.
The Primary Investigator shall have the knowledge, skills, and abilities to perform the function; shall have successfully completed the Ontario Major Case Management Course or equivalent, as defined by the Ontario Police College.
[Source: Ontario Major Case Management Manual]
Search Management Team
Search Management Team means the team from Emergency Management & Public Order (EM&PO), supported by the requesting division, responsible for co–ordinating a Level 3 search for a missing person.
Search Manager
Search Manager means the police officer in charge of Emergency Management & Public Order – Search Management Team.
Unit
Unit means a section of the Service as designated by the Board, such as a field headquarter, division, bureau or squad.
Controller – Regulated Interactions
Controller – Regulated Interactions means the member of the Service, designated by the Chief of Police, who assesses procedural compliance of Regulated Interaction Reports, once they have been approved or restricted by a Supervisory Officer.
The Controller – Regulated Interaction Reports is also responsible for:
• fulfilling the role of subject matter resource for Supervisory Officers;
• preparing a report to the Unit Commander of the Toronto Police College every three months that outlines the results of all reviews undertaken specific to Regulated Interaction Reports; and
• monitoring and reporting on any changes or amendments to legislation or Service Governance which may be relevant to training specific to Regulated Interactions.
Historical Contact Data
Historical Contact Data means all Person Investigated Card (Form 172), Field Information Report (Form 208), Community Inquiry Report (Form 306), and Community Safety Note (Street Check) records submitted into the Service’s records management systems prior to January 1, 2017, and may include any such submitted record whether or not it would have been categorized as a Regulated Interaction Report had it been submitted on or after January 1, 2017.
Identifying Information
Identifying Information means any information that, alone or in combination with other information, can be used to identify an individual. It may include information about an individual’s race, age, sex, sexual orientation, gender identity, marital or family status, economic circumstances, and education, medical, psychiatric, psychological, criminal or employment history.
Regulated Interaction
Regulated Interaction means an attempt by a police officer to collect identifying information by asking an individual, in a face-to-face encounter, to identify himself or herself or to provide information for the purpose of identifying the individual, and includes such an attempt whether or not identifying information is collected,
• only if that attempt is done for the purpose of,
o inquiring into offences that have been or might be committed; and/or
o inquiring into suspicious activities to detect offences; and/or
o gathering information for intelligence purposes;
• but does not include an attempted collection made by a police officer for the purpose of investigating an offence the officer reasonably suspects has been or will be committed; and does not include an attempt by a police officer to collect identifying information from an individual if,
o the individual is legally required to provide the information to a police officer;
o the individual is under arrest or is being detained;
o the police officer is engaged in a covert operation;
o the police officer is executing a warrant, acting pursuant to a court order or performing related duties; or
o the individual from whom the police officer attempts to collect information is employed in the administration of justice or is carrying out duties or providing services that are otherwise relevant to the carrying out of the police officer’s duties
Regulated Interaction Report
Regulated Interaction Report means the electronic record of a Regulated Interaction submitted into the Service’s record management system, whether or not identifying information was collected during the Regulated Interaction.
Restricted - 58/16
Restricted is a classification which applies to Historical Contact Data and may apply to Regulated Interaction Reports for which the Service has instituted constraints that prevent access to the record
o approved by the Chief of Police, or designate; and
o access is needed:
o for the purpose of an ongoing police investigation;
o in connection with legal proceedings or anticipated legal proceedings;
o for the purpose of dealing with a complaint under Part V of the PSA or for the purpose
o of an investigation or inquiry under clause 25 (1)(a) of the PSA;
o in order to prepare the annual report described in subsection 14 (1) or the report required under section 15 of O. Reg. 58/16;
o or the purpose of complying with a legal requirement; or
o for the purpose of evaluating a police officer’s performance.
Chief’s Special Investigations Unit (SIU) Liaison Officer
Chief’s Special Investigations Unit (SIU) Liaison Officer means a uniform senior officer of the Toronto Police Service designated by the Chief of Police to act as the main liaison with the SIU in all matters relating to SIU investigations. The Chief’s SIU Liaison Officer oversees the Chief’s SIU On-Call Designate Cadre and Professional Standards Support SIU Liaison Section while in the field.
Death in Custody
Death in Custody means the death of a person at any time during an arrest/detention and before the person’s release or transfer to another agency’s custody.
Community Patrol
Community Patrol means the performance of general policing duties in the community by officers assigned to a combination of general and directed patrol, targeted and problem oriented policing initiatives.
Community Police Liaison Committee (CPLC)
Community Police Liaison Committee (CPLC) means a divisional committee that represents all segments of the community.
Crime Analysis
Crime Analysis means a set of systematic, analytical processes directed at providing timely and pertinent information relative to crime patterns and trend correlation. It assists operational and administrative personnel in planning the deployment of resources for the prevention and suppression of criminal activities, aiding in the investigative process, and increasing apprehensions and the clearance of cases.
Crime Prevention
Crime Prevention means the anticipation, recognition and appraisal of a crime risk followed by the initiation of some action to remove or reduce the risk, and the measurement and evaluation of the outcome.
Debriefing
Debriefing means the process by which persons in custody will be asked if they wish to provide information on other crimes including, but not limited to the divisional crime problems established as priorities.
Directed Patrol
Directed Patrol means a specific activity designed to address an identified concern within the community. Directed patrols are activities detailed to officers in order to have specific measurable tasks carried out. This form of patrol may be enforcement–based but may also be focused on achieving a goal by other means. Directed patrol can be an effective component in the maintenance of public order and improving the quality of life for the community.
General Patrol
General Patrol means routine policing activities carried out by officers within a specified area. General patrol is an important part of community policing that does not specifically focus on or target an identified concern within the community, but permits officers to accomplish their general policing duties in a non–focused manner.
Order Maintenance
Order Maintenance means the act of upholding community standards, using both informal community activities and law enforcement to create a safer environment, and an improved quality of life.
Problem in reference to Crime and Disorder Management
Problem in reference to Crime and Disorder Management means an issue dealing with public disorder or crime that has been identified by either
• the police (through analysis), or
• by members of the community
that requires police/community intervention.
Problem Oriented Policing
Problem Oriented Policing means a technique by which public disorder and crime issues are identified, analyzed, and strategies are developed to eliminate or bring the issues under control.
Quality of Life
Quality of Life means an actual or perceived social, economic and physical environment, which is conducive to a state of mental and physical well–being. When applied to neighbourhoods or communities, it means that there is little disorder or anti–social activity, permitting local community members to go about their daily activities with minimal fear or disruption.
Self-Initiated Patrol
Self-Initiated Patrol means patrol or enforcement action targeting a specific area or problem, that is undertaken by an officer, without previous direction from a supervisor. The area of the self–initiated patrol may be based on trends derived through crime analysis.
Senior Management Team (SMT)
Senior Management Team (SMT) includes the Chief of Police, Command Officers, Staff Superintendents and Directors, and any other member as determined by the Chief of Police.
Target Policing
Target Policing means the targeting of offenders or offences within a specific time period and/or a specific geographic area.
Agent
Agent means a person who acts on behalf of the police and under their direction, which may result in them becoming a material and compellable witness. The identity of the agent is subject to disclosure.
Confidential Source (Source)
Confidential Source (Source) means a person who is registered with Intelligence Services – Covert Operations – Source Management (CO–SMS) and voluntarily provides information of some usefulness or interest to the TPS with respect to the prevention and detection of crimes, with the explicit or implicit expectation of confidentiality. This person would generally not become a witness or require protection as a result of their involvement or the information they have provided.
A confidential source is an asset of the Toronto Police Service and is not the exclusive asset of any one police officer.
A confidential source does not include a person who provides a statement to police as part of routine police inquiries into alleged offences; e.g. a witness to a crime.
There are two levels of confidential sources: Confidential Source – Level 1 and Confidential Source – Level 2.
Confidential Source – Level 1
Confidential Source – Level 1 means a confidential source who is not a Confidential Source – Level 2.
Confidential Source – Level 2
Confidential Source – Level 2 means
• a source under the age of 18 (young person), or
• a source whose information could be considered:
- multi–jurisdictional;
- may affect national security;
- involves organized crime;
- is beyond the resources or the source–handling abilities of the officers involved;
- at the discretion of the Controller.
Unless otherwise approved by the Controller, a confidential source – level 2 shall be managed by a Handler – Level 2.
Controller – Source
Controller – Source means the Detective Sergeant – Intelligence Services – Covert Operations who ensures the effective control, accountability and evaluation of the source, continually assessing the risks and managing all information provided by the source. The Controller – Source is responsible for the Source Management Program of the Toronto Police Service.
Crown Letter – Source
Crown Letter – Source means a document provided to the crown attorney by Intelligence Services – Covert Operations – Source Management (CO–SMS) on behalf of a source seeking consideration for that source’s assistance to the police.
All crown letters issued on behalf of a source shall only be provided by the Unit Commander – Intelligence Services. See Procedure 04–35, Appendix B.
Handler
Handler means a police officer who has received information from a source and who has been so designated by the Controller or designate. A handler, on behalf of the Toronto Police Service, is responsible for the:
o development of a source
o integrity of any contact
o acquisition and dissemination of information received from the source.
There are 2 levels of handlers: Handler – Level 1 and Handler – Level 2.
Handler – Level 1
Handler – Level 1 means any police officer from the Toronto Police Service who can handle level 1 sources only.
Handler – Level 2
Handler – Level 2 means any police officer from the Toronto Police Service who has been accredited and designated by the Controller or designate. A handler – level 2 can manage agents, and level 1 and level 2 sources. For the purposes of agents, a handler – level 2 is also responsible for:
o the management of agents on behalf of the Service
o considering the primary concerns
o the acquisition and dissemination of information from that agent.
Restricted Source
Restricted Source means a person who has been restricted by Intelligence Services – Covert Operations – Source Management (CO–SMS). Such a person shall not be used as such by any officer unless designated by the Controller.
Homicide Investigation
Homicide Investigation means an investigation led by Detective Operations – Homicide (Homicide) into the circumstances surrounding a sudden death where there is
• obvious or suspected foul play
• the cause of death cannot be explained
• found human remains
• any other suspicious circumstance.
Infant
Infant means a child less than 1 year of age.
Major Case Manager
Major Case Manager means the investigator responsible for the effective governance and management of every threshold major case investigation and possesses the knowledge, skills, and abilities to perform the functions of Major Case Management. The Major Case Manager shall have successfully completed the Ontario Major Case Management Course or equivalent as defined by the Ontario Police College, and; shall have the resources to manage investigations through the minister–approved software, currently known as PowerCase.
(Source: Ontario Major Case Management Manual)
For the purposes of a homicide investigation, the Major Case Manager shall be an investigator from Detective Operations - Homicide.
For the purposes of a sexual assault investigation, the Major Case Manager shall be an investigator from Detective Operations – Sex Crimes.
For the purposes of a Human Trafficking investigation, the Major Case Manager shall be an investigator from Detective Operations - Sex Crimes-Human Trafficking Enforcement Team.
For the purposes of a kidnapping investigation, the Major Case Manager shall be an investigator from Detective Operations - Organized Crime Enforcement.
Primary Investigator
Primary Investigator means the investigator assigned by the Major Case Manager in every threshold major case investigation to perform the functions and responsibilities of the primary investigation function. The Primary Investigator shall have the knowledge, skills, and abilities to perform the function; shall have successfully completed the Ontario Major Case Management Course or equivalent, as defined by the Ontario Police College.
(Source: Ontario Major Case Management Manual)
Sudden Infant Death Syndrome (SIDS)
Sudden Infant Death Syndrome (SIDS) means the sudden death of an infant under one (1) year of age, which remains unexplained after a thorough investigation which must include a complete autopsy, examination of the death scene, a police investigation and a review of the child’s clinical history.
Sudden Unexplained Death
Sudden Unexplained Death means the death investigation of a child due to
• SID
• accidental injury
• non–accidental injury due to neglect or abuse, or
• a previously undiagnosed natural disease process and may include
o negative autopsy but evidence of an old healed fracture which has not been adequately explained by the investigation
o negative autopsy but a previous history of child abuse
o negative autopsy but some positive toxicology, which although not considered to be a cause of death cannot be explained (e.g. blood alcohol of 30mg in a five month old child)
Where there is significant concern regarding any part of the death investigation, the cause of death should be classified as a SUD.
Financial Institution
Financial Institution means any bank, trust and loan company, or credit union.
Global Positioning System (GPS) Tracking Device in reference to hold–ups
Global Positioning System (GPS) Tracking Device in reference to hold–ups, means a tracking device used primarily by the pharmaceutical and financial industries to assist with the apprehension of suspects and recovery of stolen property when a hold–up has occurred.
Hold-Up (HUS) Mandate HUS
Hold-Up (HUS) Mandate HUS will take charge and attend all robberies that fall within their mandate including:
financial institutions;
armoured cars;
retail business;
home invasions committed with firearms or offensive weapons; and
money deposits.
Bona Fide Reasons
Bona Fide Reasons means
• a victim or witness who may possibly require or may seek admission into the Provincial Witness Protection Program;
• a Crown Attorney is requesting information for disclosure purposes;
• the information is necessary to prove essential elements of an offence, or;
• investigations where the circumstances make it clear that it is essential to public or officer safety and security to ascertain the immigration status of a victim or witness.
Child in Need of Protection
Child in Need of Protection means a child that can be apprehended as being in need of protection
as defined in s.125 (1) of the Child, Youth and Family Services Act.
Criteria Offence – Ontario Major Case Management
Criteria Offence – Ontario Major Case Management means the following major cases:
• homicides as defined in subsection 222(4), Criminal Code, and attempts;
• sexual assaults, and all attempts (for the purpose of this standard, is deemed to include sexual interference, sexual exploitation and invitation to sexual touching);
• trafficking in persons as defined in section 279.01, 279.011 or 279.04, Criminal Code, and attempts as defined in section 24(1) Criminal Code;
• occurrences involving non-familial abductions and attempts;
• missing person occurrences, as outlined in the Ontario Major Case Management Manual;
• occurrences suspected to be homicide involving found human remains;
• criminal harassment cases in which the offender is not known to the victim; and,
• any other types of cases designated as a major case pursuant to this Ontario Major Case Management Manual.
Domestic Incident
Domestic Incident means any incident between persons involved in an intimate relationship where, although no criminal offence has occurred, police have been called to the scene.
Domestic Occurrence
Domestic Occurrence means an occurrence report created to detail criminal behaviour and/or a breach of any statute related to a domestic situation and includes an arrest report. (excludes a Domestic Incident Report).
Domestic Violence
Domestic Violence means any physical, sexual or psychological harm caused, or attempted, between persons involved in an intimate relationship including:
• assault;
• murder;
• sexual assault;
• threatening;
• harassment;
• intimidation;
• unlawful interference with personal liberty;
• any other criminal offence;
• offences under other statutes, such as the Family Law Act, Children’s Law Reform Act, etc.;
• but does not include child abuse investigations.
Domestic Violence Investigator (DVI)
Domestic Violence Investigator (DVI) means an investigator qualified in the investigations of domestic violence as prescribed in Police Services Act, O.Reg. 3/99, Adequacy & Effectiveness of Police Services and the Policing Standards Manual.
Dominant Aggressor
Dominant Aggressor means the individual who has been the principal abuser, and not necessarily the person who initiated the violence that resulted in the attendance of police.
Firearms Interest Police (FIP)
Firearms Interest Police (FIP) means a database within the Canadian Police Information Centre (CPIC) system that contains information from local police agencies, which could affect an individual’s eligibility to be issued or to continue to hold a firearms licence. Section 5 of the Firearms Act indicates the types of offences/incidents which justify a FIP.
Intimate Relationship
Intimate Relationship includes current or former relationships between opposite sex and same sex partners and include persons who:
• are legally married to one another;
• were previously married to one another;
• are not married, but are currently in a family–type relationship;
• are not married, but were formerly in a family–type relationship;
• have a child in common regardless of whether such persons have been married or livedtogether at one time, or;
• are (or have ever been) involved in a dating relationship.
Intimate Relationship – Dating
Intimate Relationship – Dating
dating is a form of courtship by two people who meet and engage in some mutually agreed upon social activity and they may or may not be involved in a sexual relationship. It is also how each person perceives the relationship.
Victim
Victim means:
• a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and
• where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or common-law partner or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person.
[Source: Criminal Code, 722(4)]
Victim Quick Response Program
Victim Quick Response Program means a program administered by Victim Services Toronto that provides quick financial assistance to victims of homicide, attempted murder, serious physical assault, domestic violence, sexual assault and hate crime in the immediate aftermath of a crime.
Victim/Witness Assistance Program (VWAP)
Victim/Witness Assistance Program (VWAP) means the program operated by the (Ontario) Ministry of the Attorney General. Services are provided on a priority basis to the most vulnerable victims and witnesses of violent crime; such as domestic violence, child abuse, sexual assault, homicide and hate crime. Families of traffic fatality victims are also eligible. Services begin once police have laid charges and continue until the court case is concluded.
Divisional Investigator
Divisional Investigator means an officer assigned to a divisional detective office.
In reference to sexual assault investigations means an officer assigned to a divisional investigative unit who is not accredited to investigate complaints of sexual assault.
Divisional Sexual Assault Investigator
Divisional Sexual Assault Investigator means an officer assigned to a divisional investigative unit who is accredited to investigate complaints of sexual assault.
Sex Crimes Investigator
Sex Crimes Investigator means an accredited sexual assault investigator assigned to Detective
Operations – Sex Crimes (Sex Crimes).
