04-14 Regulated Interactions Flashcards
This Procedure provides direction to members of the Toronto Police Service (Service) only for the specified interactions with the public that are governed by Ontario Regulation 58/16 made under the———–entitled Collection of Identifying Information in Certain Circumstances – Prohibition and Duties (O. Reg. 58/16) and Toronto Police Services Board Policy entitled Regulated Interactions with the Community and the Collection of Identifying Information (TPSB Policy).
Police Services Act (PSA)
This Procedure only applies to an ——by a police officer to collect identifying information by asking an individual, in a ———- encounter, to identify themself or to provide information for the purpose of identifying the individual, and
includes such an attempt ———or———- identifying information is collected, only if that attempt is done for the purpose of
inquiring into offences that have—- or ———- be committed; and/or
inquiring into suspicious activities to ———-offences; and/or
gathering information for ———-purposes
attempt
face-to-face
whether or not
been or might
detect
intelligence
Notwithstanding the above, this Procedure does not apply to an attempt by a police officer to collect identifying information from an individual when
investigating an ——-the police officer reasonably suspects has been or will be committed;
the individual is ——–required to provide the information to a police officer (e.g. during a traffic stop or trespass investigation);
the individual is under arrest or is being detained;
the police officer is engaged in a covert operation;
the police officer is executing a —–, acting pursuant to a court order or performing related duties; or
the individual is employed in the ———–of justice or is carrying out duties or providing services that are otherwise relevant to carrying out the police officer’s duties.
offence
legally
warrant
administration
A police officer’s exercise of discretion and all interactions between a police officer and an individual must be lawful, ——, and ——; and conducted in a professional manner with effective communication which —–and ——
the rights and freedoms of all individuals.
ethical
bias-free
respects
upholds
This Procedure outlines a legislated process police officers shall follow for all Regulated Interactions that will ensure compliance with
the Canadian Charter of Rights and Freedoms (Charter) generally and, in particular, the —–protection against ——– detention and the S. 15 right to equal treatment under the law;
O. Reg. 58/16;
the ——– (HRC) of Ontario generally and, in particular, the—- freedom from discrimination based on race, place of origin, age, colour, ethnic origin, gender identity or gender expression;
the ———– generally and in particular, with Part II of the MFIPPA; and
TPSB Policy and other associated Service governance.
S. 9
arbitrary
Human Rights Code
S. 1
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
Limitations on Regulated Interactions
Regulated Interactions shall be conducted in a manner consistent with this Procedure and O. Reg. 58/16. A police officer shall not attempt to collect identifying information about an individual from the individual if any part of the reason for the attempted collection is that the police officer perceives the individual to be within a particular ——– group unless,
the police officer is seeking a ——- individual,
being within the racialized group forms part of the ——–of the particular individual or is evident from a
visual representation of the particular individual, and
the police officer has additional information, in addition to information about the particular individual being in a racialized group, that may help to identify the individual or ——–the description of the individual;
Additional information may include, but is not limited to the following:
the appearance of the individual, including clothing, height, weight, eye colour, hair
colour, hair style;
the ——– where the individual might be found;
the type of ——the individual might be found in;
the ———-the individual might be found with; or
the behaviour of the individual.
However, additional information may not consist only of the ——of the individual, approximate
—-, or both
OR
the attempted collection is done in an ———way
racialized
particular
description
narrow
location
vehicle
associates
sex
age
arbitrary
For the purpose of this Procedure only, as stipulated in O. Reg. 58/16, a Regulated Interaction is done in an arbitrary way unless the police officer has a reason that they can articulate that complies with —–of the following
The reason includes details about the individual that cause the police officer to REASONABLY SUSPECT that identifying the individual may contribute to or assist with
———-into offences that have been or might be committed; and/or
inquiring into suspicious activities to ——offences; and/or
gathering information for ——purposes.
The reason does not include either of the following:
that the individual has —— to answer a question from the police officer which the individual is not legally required to answer; or
that the individual has attempted or is attempting to ———- interaction with the police officer in
circumstances in which the individual has the legal right to do so.
The reason is not only that the individual is present in a high ———- location.
all
inquiring
detect
declined
discontinue
crime
Permission Required for Access to Restricted Regulated Interaction Reports & Historical Contact Data
Prior to accessing restricted Regulated Interaction Reports or Historical Contact Data, members will require the approval of the ——-, or ——-acting in the absence of the Chief. Members seeking approval to access the restricted records shall submit a request to their ——— to seek the approval of the Chief, or designate acting in the absence of the Chief. The Chief has appointed the designate as follows
a ———–, or
in exigent circumstances only, the —————
Chief, or designate
Unit Commander
Deputy Chief
Staff Superintendent – Detective Operations
A member may only submit a request for access to a restricted record
for the purpose of an ———- police investigation involving
preservation of life and/or preventing bodily harm or death
————–and attempts,
————–, and all attempts (for the purpose of this standard, is deemed to include sexual interference,
sexual exploitation and invitation to sexual touching),
occurrences involving ————- and attempts,
————- person occurrences, where circumstances indicate a strong possibility of foul play,
occurrences suspected to be homicide involving found human remains,
criminal harassment cases in which the offender is —— to the victim,
occurrences involving a ———or ———- of a firearm, and/or
———— related investigations;
in connection with legal proceedings or anticipated legal proceedings
including instances where crown advice is that it is relevant to R. v. Stinchcombe, (1991) and other ———- obligations;
for the purpose of dealing with a complaint under Part V of the ——or for the purpose of an investigation or inquiry
under clause 25 (1)(a) of the PSA;
in order to prepare the annual report described in subsection 14 (1) or the report required under section 15 of O.
Reg. 58/16;
for the purpose of complying with a ——-requirement; or
for the purpose of evaluating a police officer’s ————.
ongoing
homicides
sexual assaults
abductions
missing
not known
firearm or discharge
gang
disclosure
PSA
legal
performance
No member of the Service shall use any Historical Contact Data or Regulated Interaction Report as a basis for classifying
an individual as “————-”.
known to police
Police Officer
3. When a police officer initiates a Regulated Interaction, whether or not identifying information is collected, shall ensure the purpose for the interaction is not done in an ———-way
ensure the reason for the interaction can be clearly ——-, including details relating to the particular circumstance
comply with Procedure 13–14
NOT ATTEMPT t to collect identifying information, without first
informing the individual that they are ——– to provide identifying information; unless the police officer has reason to believe that informing the individual may compromise the ———- of an individual
arbitrary
articulated
not required
safety
Police Officer
NOT informing the individual why they are attempting to collect their identifying information; unless informing the individual:
may compromise the ——of an individual;
would likely compromise an ongoing police investigation;
may result in the identification of a ———-; or
may disclose the identity of a person contrary to the law, including disclosing the identity of a young
person contrary to the ——————
safety
confidential informant
Youth Criminal Justice Act
respect and ——- the individual’s right to
——–to answer a question from the police officer which the individual is not legally required to answer, and/or
——–interaction with the officer in circumstances in which the individual has the legal right to do so
recognize, upon disengaging without having asked the individual for Identifying Information the encounter is ——a Regulated Interaction and, therefore;
a Regulated Interaction Report is not to be submitted, and
the individual is not to be offered or provided a TPS 308
record pertinent details in their memorandum book in compliance with Procedure 13–17
complete a separate Regulated Interaction Report for each individual, as required
uphold
decline
discontinue
not
A Regulated Interaction ——is required in all instances where an attempt to collect identifying
information is made, whether or not identifying information is collected. The report must
include the officer’s ——–of the individual’s sex, age, and ———–, but recording
——– information is not mandatory.not
Report
perception
racialized group
name
offer a TPS ——–to the individual from whom an attempt to collect identifying information was made
if the individual indicates that they want it
complete a TPS 308;
provide the copy to the individual; and
retain the original by ——it in the memorandum book.
The name and badge number of any ——police officer or supervisor who is present at or
assists in conducting the Regulated Interaction shall be included on the TPS 308.
4. A police officer is not required to offer and/or provide a TPS 308 when
it might compromise the safety of an individual; or
it might ——- the police officer from responding to another matter that should be responded to immediately;
or
the individual ——-the interaction
308
affixing
assisting
delay
discontinues
