05-01 Preliminary Homicide Investigation

Question 1

What is the Rationale?

Answer 1

The prompt and appropriate actions of the first officers on scene during the initial stages of suspicious death and homicide investigations will assist in achieving a quick resolution to the investigation and contribute to a successful prosecution.

Question 2

What is the Supervision?

Answer 2

• Supervisory Officer mandatory attendance
• Divisional Detective mandatory attendance
• Officer in Charge mandatory notification
• Unit Commander mandatory notification

Question 3

Procedure

As set out in their mandate, Detective Operations – Homicide and Missing Persons Unit SHALL

Answer 3

• lead the investigation of all homicides that occur within the City of Toronto
• lead the investigation of all criminal acts which result in serious bodily harm or life-threatening injury to a police officer while on duty
• support field officers with the investigation of suspicious deaths
• lead the investigation of deaths in police custody that are not related to the discharge of a Service firearm; and
• provide investigative support to the Coroner in the investigation of deaths in police custody.

These investigations will be conducted in accordance with the Ontario Major Case Management Manual (OMCMM).

Question 4

When an autopsy is ordered as a result of an apparent suicide or accident where the only witness is or has been an intimate partner, past or present, the autopsy will be performed by

Answer 4

a Regional Coroner’s pathologist who currently performs homicide autopsies. The autopsy will be conducted as if the death had taken place under suspicious circumstances.

Question 5

Officers are reminded to remain vigilant for the possibility of foul play in every circumstance where there is

Answer 5

• a sudden, unexpected death, and
• present at the time of death or the finding of a body, a partner, and particularly a partner with whom the deceased had or may have had an intimate relationship, recent or remote.

Question 6

Sudden Unexpected Death of a Child

Every sudden unexpected death of a child under eighteen (18) years of age SHALL be treated as

Answer 6

suspicious and a member of the on–Call Team – Homicide Squad (On–Call Homicide Team) SHALL be consulted by the attending divisional detective. Officers are reminded not to reach premature conclusions regarding the cause and manner of death until a thorough investigation has been completed.

Question 7

Sudden Unexpected Death of a Child

The Child & Youth Advocacy Centre (CYAC), a sub-unit of Detective Operations - Sex Crimes, SHALL be notified when

Answer 7

investigating a sudden unexpected death of a child under the age of sixteen (16) in any division City-Wide. The attending divisional detective SHALL consult with a member of the CYAC prior to leaving the scene and/or conducting formal interviews of caregivers. CYAC investigators are available from 0730 to 2200 hours to investigate child abuse cases. An on–call child abuse investigator can be reached after hours through the Toronto Police Operations Centre (TPOC).

Question 8

Pediatric Death Review Committee (PDRC)

The PDRC is composed of two (2) sections based on the nature and circumstances of the death:

Answer 8

PDRC – Child Welfare and PDRC – Medical.

Question 9

PDRC – Child Welfare must review

Answer 9

all cases of deaths involving children and youth when the child, the youth or their family was receiving, or had received, the services of a Children’s Aid Society (CAS) or Indigenous child wellbeing society within twelve (12) months of the death. The PDRC – Child Welfare panel includes police officers, crown attorneys, senior staff from the Office of the Chief Coroner and representatives from Child Welfare organizations across the province; and is chaired by the Regional Chief Coroner for the Province of Ontario.

Question 10

PDRC – Medical reviews the

Answer 10

deaths of children where issues or concerns pertaining to the medical diagnosis or provision of care have been identified. These cases are done on a discretionary basis and are referred by the relevant Regional Supervising Coroner. The PDRC – Medical panel includes pediatric experts, forensic pathologists, senior staff from the Office of the Chief Coroner; and is also chaired by the Regional Chief Coroner for the province of Ontario

Question 11

Identification of the Deceased

The investigator heading an investigation or a police officer designated by this investigator SHALL attend the morgue and be physically present when a deceased is identified under the following circumstances

Answer 11

• homicide, suspected homicide or other related criminal offences
• cases where the investigating officer has requested the presence of another officer
• cases where an inquest has been or is likely to be called, or
• the Coroner believes it is necessary due to the nature of the case, or the condition of the person doing the identification.

Question 12

First Police Officer

The first police officer to arrive at the scene of a suspicious death or suspected homicide SHALL be responsible for

Answer 12

offender management, preservation of the evidence and crime scene while awaiting the arrival of an appropriate investigator.

Question 13

First Police Officer

2. Upon arrival at the scene of a suspicious death or suspected homicide SHALL

Answer 13

• designate a line of approach to the body that allows for the least contamination possible
• take charge of the scene until relieved by a supervisory officer
• if the deceased has been removed, note the original position of the body and any items moved to gain access to the body
• request additional assistance, as required
• request the attendance of
  o a supervisory officer
  o a divisional detective
  o an investigator from Detective Operations - Forensic Identification Services (FIS)
  o the Coroner
• pending the arrival of a supervisory officer, assign officers to complete necessary tasks
• ensure nothing at the scene is touched or used, including the telephones and bathrooms
• ensure the communications operator and the Officer in Charge are frequently apprised of all pertinent details
• obtain the name, address and telephone number of every person present at the scene or sufficient information, including descriptions, to assist in locating these persons at a later time
• remove all persons to an area away from the immediate scene
• encourage all persons present to remain available for questioning
• preserve the integrity of evidence of witnesses by ensuring they don’t discuss their observations with each other
• ensure only personnel involved in the investigation are permitted to enter the crime scene
• Make notations in the memorandum book, including such information as
• sketching a diagram of the scene
• the position of the body and any weapons
• blood stains
• items of evidence
• room furnishings (indoor scene) or weather conditions (outdoor scene)
• physical characteristics of the scene
• conversations with witnesses
• any other information pertinent to the investigation
• conduct a Person Query, including a CPIC check and Canadian Firearms Registry On line (CFRO) check

Question 14

First Police Officer

3. Upon discovering:

SHALL treat the death as suspicious

Answer 14

• the sudden unexpected death of a child under eighteen (18) years of age
• a suspicious death or suspected homicide, which may include
• an unexplained or unknown cause of death
• found human remains
• obvious or suspected foul play

Question 15

First Police Officer

4. Upon discovering the sudden unexpected death of a child SHALL

Answer 15

interview the caregiver at the time of death, using the questions listed in Appendix A as a guide to the type of information that should be obtained.

Question 16

First Police Officer

5. Upon discovering the death of an infant (less than one (1) year of age) SHALL, in addition to item 4, use Appendix B as a reference to record at–scene information in the memorandum book.

Answer 16

• The Investigation Questionnaire for Sudden Unexpected Deaths in Infants in Appendix B was developed by the Office of the Chief Coroner and is completed by the Coroner, except where the death of an infant is a confirmed homicide in which case it will be completed by police.
• Information recorded by the first police officer on scene may assist the investigation by ensuring that critical information is captured immediately and not overlooked, lost or forgotten.

Question 17

First Police Officer

6. If the suspect is present SHALL

Answer 17

• arrest the suspect in compliance with Procedures
• if there are multiple suspects, separate them from each other as soon as practicable
• isolate the suspect from witnesses as soon as possible
• note all conversation with the suspect in the memorandum book
• note the condition of the suspect in the memorandum book, particularly
• clothing
• marks of violence
• manner of speaking, movements and general behaviour
• refrain from unauthorized questioning of the suspect

Question 18

First Police Officer

7. If the suspect has left the scene SHALL

Answer 18

• obtain information to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety
• obtain and broadcast all relevant information including a description, whether the suspect is armed, and the mode and direction of travel
• select Yes for the BOLO option when completing the suspect Entities page
• Records Management Services – Operations will create and post a BOLO.

Question 19

First Police Officer

8. When collecting or seizing evidence SHALL

Answer 19

• ensure it remains protected and undisturbed until examined by a detective or investigator from FIS
• if the evidence must be disturbed, seize it for protection, and mark and note its original location

Question 20

First Police Officer

9. Upon completion of the initial investigation SHALL

Answer 20

• follow the instructions of the attending Homicide and Missing Persons investigator pertaining to the completion of the applicable eReports, and any related reports
• The Initial Officer Report is automatically e-transferred to the Office of the Chief Coroner. Any requests from the Office of the Chief Coroner for additional information must be made and approved for release by Homicide and Missing Persons.
• if the Homicide and Missing Persons investigator is not attending, follow the instructions of the divisional detective
• complete the TPS 303 and TPS 466, as applicable
• scan and attach the memorandum notes and any hardcopy reports to the original eReport
• provide the original eReport number to the
• other attending officers who may need to add supplementary information
• Officer in Charge
• divisional detective
• Investigator – FIS
• Major Case Manager – Detective Operations - Homicide and Missing Persons
• Investigator – CYAC, as applicable
• obtain permission from the Major Case Manager/Divisional Detective prior to reporting off duty

Question 21

Second Police Officer

The second police officer to arrive at the scene of a suspicious death or suspected homicide SHALL

Answer 21

be responsible for preserving the crime scene, if necessary, and noting any pertinent details in their memorandum book.

Question 22

Second Police Officer

10. Upon arrival at the scene of a suspicious death or suspected homicide SHALL

Answer 22

• in the absence of a supervisory officer take direction from the first police officer
• take up a position at the entrance to the scene
• record the names of all personnel attending, and the times they enter or leave, using a TPS 243 whenever possible or, if not available, the memorandum book

Question 23

Second Police Officer

11. Upon completion of the initial investigation SHALL

Answer 23

• complete the memorandum book notes
• add supplementary information to the original eReport, if applicable
• scan and attach the memorandum notes and any hardcopy reports to the original eReport
• obtain permission from the Major Case Manager/Divisional Detective prior to reporting off duty

Question 24

Additional Police Officers

Police officers involved in all stages of a suspicious death or homicide investigation SHALL

Answer 24

ensure that the crime scene and all evidence are protected from disturbance or contamination.

Question 25

Additional Police Officers 12. Upon arrival at the scene of a suspicious death or suspected homicide SHALL

Answer 25

* in the absence of a supervisory officer take direction from the first police officer * perform duties as assigned by the first police officer or supervisory officer, including but not limited to * guarding the scene * accompanying the body to the morgue, or hospital, if removed * searching the area for suspects, weapons or other evidence * canvassing the neighbourhood for information

Question 26

Additional Police Officers 13. When performing a door–to–door canvass SHALL

Answer 26

* carry a sufficient quantity of the TPS 233 and TPS 234 * complete a TPS 233 for every premises attended * leave a TPS 234 at every residence where there is no answer 14. When assigned to notify the next of kin SHALL comply with Procedures

Question 27

Supervisory Officer The first supervisory officer to arrive at the scene of a suspicious death or suspected homicide SHALL

Answer 27

be responsible for the quality and thoroughness of the uniform response.

Question 28

Supervisory Officer 15. When advised of a suspicious death or suspected homicide SHALL

Answer 28

* attend the scene promptly * ensure sufficient personnel are dispatched to the scene * take charge of all uniformed police officers * provide assistance and direction to the police officers at the scene * ensure the attendance of o a divisional detective o the Coroner o an investigator from FIS * A Scenes of Crime Officer (SOCO) SHALL not be deployed to examine any scene where there is a sudden unexpected death of a child or where the death of any person is of a suspicious nature or a suspected homicide. * notify the Officer in Charge * ensure a member of the On–Call Homicide Team is notified * ensure only essential personnel are allowed to enter/remain at the scene * ensure the communications operator and the Officer in Charge are frequently apprised of all pertinent details * ensure a police officer accompanies the deceased to the hospital or morgue * ensure the TPS 243 is used by officers assigned to guard the entry to the scene * ensure personnel are detailed to * search the area for suspects, weapons or other evidence * commence a systematic, door–to–door canvass at the earliest opportunity * ensure the results of all searches and canvassing are submitted to the Major Case Manager/Divisional Detective * complete and submit a TPS 466, along with the eReport number to the Major Case Manager/Divisional Detective prior to reporting off duty * scan and attach the memorandum notes and any hardcopy reports to the original eReport

Question 29

Supervisory Officer 16. When advised of the sudden unexpected death of a child under eighteen (18) years of age SHALL

Answer 29

* treat the death as suspicious * if the child is under sixteen (16) years of age, ensure the CYAC is notified

Question 30

Supervisory Officer 17. When assigning members to perform a door–to–door canvass SHALL ensure

Answer 30

* members are o briefed and properly instructed o given a sufficient quantity of the TPS 233 and the TPS 234 o assigned to a specific area/address * ensure the results are submitted to the Major Case Manager/Divisional Detective

Question 31

Detective – Division The divisional detective SHALL be responsible for

Answer 31

ensuring effective management of the crime scene and that the appropriate notifications are made.

Question 32

Detective – Division 18. Upon being notified of a suspicious death or suspected homicide SHALL

Answer 32

* attend the scene promptly * advise the communication operator upon arrival * take charge of the scene investigation until relieved by the attending Detective Operations - Homicide and Missing Persons or FIS investigator * consult with a member of the On–Call Homicide Team prior to leaving the scene * The On–Call Homicide officer will determine whether a Homicide and Missing Persons investigator SHALL attend the scene. * ensure a police officer accompanies the deceased to the hospital or morgue * ensure the Officer in Charge is notified * follow the instructions of the attending Homicide and Missing Persons investigator as it pertains to the completion of the applicable eReports * add supplementary information to the original eReport * complete the memorandum book, TPS 303 and TPS 466, as applicable * scan and attach the memorandum notes and any hardcopy reports to the original eReport

Question 33

Detective – Division 19. If a Homicide and Missing Persons investigator is not attending the scene SHALL

Answer 33

* lead the overall investigation * consult with the Coroner prior to leaving the scene

Question 34

Detective – Division 20. When investigating the sudden unexpected death of a child under eighteen (18) years of age SHALL

Answer 34

* treat the death as suspicious * interview the caregiver at the time of death, using the questions listed in Appendix A as a guide to the type of information that should be obtained * consult with a member of the On–Call Homicide Team and the Coroner prior to leaving the scene * if the child is under sixteen (16) years of age, consult with a CYAC investigator prior to leaving the scene and/or conducting formal interviews of caregivers * ensure the following reports are completed and forwarded to the Coroner’s Office prior to the postmortem examination o applicable eReports * The Initial Officer Report is automatically e-transferred to the Office of the Chief Coroner. Any requests from the OCC for additional information must be made and approved for release by Homicide and Missing Persons. * Following the postmortem examination, a Preliminary Autopsy Findings Report will be completed by the Pathologist and forwarded to the investigator. * scan and attach the memorandum notes and any hardcopy reports to the original eReport

Question 35

Detective – Division 21. When investigating the death of an infant (less than one (1) year of age) SHALL, in addition to item 20

Answer 35

* use Appendix B, as applicable, as a reference to record at–scene information in the memorandum book * complete Appendix B if the death of an infant is a confirmed homicide forward to the Coroner’s Office prior to the postmortem examination

Question 36

Officer in Charge The Officer in Charge is responsible for

Answer 36

ensuring an appropriate uniform response, and in the absence of the detective sergeant, an appropriate investigative response.

Question 37

Officer in Charge 22. Upon being notified of a suspicious death or possible homicide SHALL

Answer 37

* ensure divisional detective personnel attend the scene * seek the assistance of other divisions to provide response to calls for service, if required * ensure Detective Operations - Homicide and Missing Persons and FIS are notified * ensure the CYAC is notified of a sudden unexpected death of a child under sixteen (16) * notify the * Unit Commander, if on duty * the Officer in Charge – TPOC * ensure all officers assigned to duties related to the homicide * complete their memorandum book and a TPS 466 * scan and attach their memorandum notes and hardcopy reports to the original eReport prior to reporting off duty * ensure the reports are completed, as applicable, and forwarded to the Coroner’s Office prior to the postmortem examination

Question 38

Investigator – Detective Operations - Forensic Identification Services The FIS investigator SHALL

Answer 38

take charge of the scene in the absence of a Homicide and Missing Persons investigator.

Question 39

Investigator – Detective Operations - Forensic Identification Services 23. Upon arrival at the scene of a suspicious death or suspected homicide, in addition to complying with unit specific guidelines, SHALL

Answer 39

co–ordinate the collection of evidence in consultation with the attending homicide squad investigator, divisional detective, and/or Coroner/Forensic Pathologist as applicable.

Question 40

Investigator – Detective Operations - Forensic Identification Services 24. When investigating the sudden unexpected death of a child under eighteen (18) years of age SHALL

Answer 40

* attend the scene and autopsy * complete photographs/video as required by the attending investigator and/or Coroner/Forensic Pathologist * coordinate the initial submission to the Centre of Forensic Sciences (CFS), as required

Question 41

Investigator – Detective Operations - Homicide and Missing Persons The Homicide and Missing Persons investigator SHALL be responsible for

Answer 41

ensuring the thoroughness of the investigation.

Question 42

Investigator – Detective Operations - Homicide and Missing Persons 25. When notified of a suspicious death or suspected homicide SHALL

Answer 42

* consult with the divisional detective at the scene * gather sufficient information to determine whether the attendance of a Homicide and Missing Persons investigator is required * advise the officer of the determination * provide the necessary support and guidance

Question 43

Major Case Management – Detective Operations - Homicide and Missing Persons An officer from Detective Operations - Homicide and Missing Persons SHALL be

Answer 43

designated the Major Case Manager to undertake the functions and responsibilities directed by the OMCMM.

Question 44

Major Case Management – Detective Operations - Homicide and Missing Persons 26. Upon arrival at the scene of a suspicious death or suspected homicide, in addition to complying with unit–specific guidelines SHALL

Answer 44

* take charge of the investigation and comply with the OMCMM * designate a Primary Investigator, if necessary * confer with the attending Coroner at the scene * ensure next of kin are notified * Unless deemed inappropriate, notification SHALL be made by the investigating officer from the Homicide Squad. When it is necessary for a divisional officer to do so, notification of next of kin should be made by a supervisory officer in lieu of a constable, when possible. * ensure identification of the deceased person is properly made * ensure a BOLO is generated * ensure a copy of all pertinent reports are e-transferred to the Office of the Chief Coroner * determine whether any of the individuals involved in the occurrence own, possess or have access to a firearm, ammunition, weapons, firearms certificate, registration certificate, permit, licence or authorization * consider and exercise all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives and the related licences, certificates or permits * The search and seizure provisions contained in S. 117 of the Criminal Code must be carefully considered in all cases. Officer and public safety are compromised when firearms are left in a deceased’s dwelling and may come into the possession of an unlicensed person and/or person untrained to properly handle firearms. * notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor * consider contacting all persons known to police who may provide the suspect access to firearms or related licences, certificates or permits * consider applying for a prohibition order or seeking a revocation where there are REASONABLE GROUNDS TO BELIEVE it is not desirable in the interests of safety for the suspect to possess weapons * ensure the applicable eReports and all other pertinent information is forwarded to the Coroner’s Office prior to the postmortem examination

Question 45

Major Case Management – Detective Operations - Homicide and Missing Persons 27. When investigating the sudden unexpected death of a child under eighteen (18) years of age SHALL

Answer 45

* treat the death as suspicious * ensure the caregiver at the time of death is interviewed, using the questions listed in Appendix A as a guide to the type of information that should be obtained * if the child is under sixteen (16) years of age, ensure the CYAC is consulted prior to leaving the scene and/or conducting formal interviews of caregivers * ensure the Children’s Aid Society is notified regarding the investigation and information is shared pursuant to the Addendum: Children’s Aid Society and Police Protocols – Investigations of Suspicious Child Deaths developed by the Ministry of Children and Youth Services (MCYS) and the Office of the Chief Coroner * check the background of caregivers with relevant agencies (e.g. Children’s Aid Society) * in co–operation with the Children’s Aid Society, ensure an assessment of the risk to other children is completed in all cases where foul play is suspected * Decisions regarding the safe placement of surviving siblings or other children who may be at risk are time sensitive. Collaborative information sharing facilitates timely decisions that will safeguard children who may potentially be at risk, while preserving the integrity of the criminal investigation. * ensure an investigator from FIS attends and photographs/videotapes the scene, as required, and photographs the autopsy * ensure the following reports are completed, as applicable, and forwarded to the Coroner’s Office prior to the postmortem examination * applicable eReports

Question 46

Major Case Management – Detective Operations - Homicide and Missing Persons 28. When investigating the death of an infant (less than one (1) year of age) SHALL,

Answer 46

* use Appendix B as a reference to record at–scene information in the memorandum book * ensure Appendix B is completed when the death of an infant is a confirmed homicide and forwarded to the Coroner’s Office prior to the postmortem examination

Question 47

Major Case Management – Detective Operations - Homicide and Missing Persons 29. When preparing for an investigative canvass SHALL ensure

Answer 47

the applicable sections of the TPS 233 are completed.

Question 48

Officer in Charge – Toronto Police Operations Centre (TPOC) In addition to unit–specific requirements, the Officer in Charge – TPOC is responsible for

Answer 48

ensuring that Detective Operations - Homicide and Missing Persons and Victim Services Toronto have been notified.

Question 49

Officer in Charge – Toronto Police Operations Centre (TPOC) 30. Upon being notified of a suspicious death or possible homicide SHALL ensure

Answer 49

* Detective Operations - Homicide and Missing Persons has been notified, or during non–office hours, notify the On Call Homicide Team * the CYAC has been notified of a sudden unexpected death of a child under sixteen (16) years of age * Victim Services Toronto has been notified, or during non–office hours, notify the On–Call Victim Services personnel

Question 50

Definitions 05-01 Child means

Answer 50

a person younger than eighteen (18). [Source: Child, Youth and Family Services Act, ss. 2(1)].

Question 51

Homicide Investigation means

Answer 51

an investigation led by Detective Operations - Homicide and Missing Persons Unit 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.

Question 52

Infant means

Answer 52

a child less than one (1) year of age.

Question 53

Intimate Partner means

Answer 53

a partner from a current or former intimate relationship.

Question 54

Intimate Relationship includes current or former relationships between opposite sex and same sex partners and include persons who:

Answer 54

* 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 lived together at one time, or * are (or have ever been) involved in a dating relationship.