13-08 Appendix A - CSPA - Police Officer Suspensions Flashcards
What is the Rationale?
This Appendix directs on police officer suspensions related to misconduct matters occurring April 01, 2024, onwards, in compliance with the Community Safety and Policing Act (CSPA).
In accordance with the Community Safety and Policing Act (CSPA) a Chief of Police may suspend a police officer, other than a Deputy Chief of Police, with pay, pending the final disposition of a proceeding, if any, if the member is suspected of misconduct. The suspension may require the police officer to perform duties that do not involve exercising the powers or performing the duties of a police officer.
The Chief of Police (Chief) hereby authorizes the following personnel the power of suspension granted to the Chief under the CSPA:
- any Deputy Chief of Police.
- all Uniform Senior Officers.
- all officers permanently assigned to Professional Standards (PRS); and
- the Officer in Charge of a unit.
Criteria for Immediate Suspension
An authorized officer of equal or superior rank SHALL
commence the suspension of a police officer.
Criteria for Immediate Suspension
The following factors SHALL be considered in determining if immediate suspension from duty is appropriate
- the seriousness of the misconduct
- impact upon the reputation of the Toronto Police Service (Service), and public confidence in the Service, if the police officer is not suspended
- impact upon the integrity of the investigation
- prevention of workplace violence or workplace harassment
After having made the decision to suspend, the suspending officer SHALL advise the suspended officer that the suspension is effective immediately.
Criteria for Revocation or Continued Suspension
The Chief SHALL review a suspension pursuant to the CSPA. The Chief may revoke the suspension with or without restrictions or may cause a .
Letter of Suspension to be served, in which case the suspended officer SHALL remain on suspension until the Chief revokes the suspension
Criteria for Revocation or Continued Suspension
Professional Standards SHALL consider the following criteria when making recommendations to the Chief on whether to revoke or continue a suspension from duty:
- seriousness of the misconduct
- impact upon the reputation of the Service and public confidence in the Service
- impact upon the integrity of the investigation
- whether the alleged misconduct occurred in the performance of duty
- if there are any court-imposed bail conditions
- the likelihood that the officer will re–offend
- any other circumstances deemed appropriate
Criteria for Revocation or Continued Suspension
If the suspension is revoked the following conditions SHALL apply, if applicable:
- the police officer SHALL not be placed in a position where they could compromise the investigation
- the police officer SHALL not be placed in a position where they could likely have contact with any victim or witness involved in the investigation
A police officer’s suspension status will be reviewed as the circumstances of the investigation change.
Suspension Without Pay
The Chief of Police may suspend a police officer, other than a Deputy Chief of Police, without pay in the following circumstances, per section 210(1) of the CSPA:
- The police officer is convicted of an offence and sentenced to a term of imprisonment, even if the conviction or sentence is under appeal.
- The police officer is in custody or is subject to conditions of judicial interim release, or conditions imposed under section 499 of the Criminal Code (Canada), that substantially interfere with the officer’s ability to perform the duties of a police officer.
- The police officer is charged with a serious offence, as defined in the regulations, under a law of Canada and,
* the alleged offence was not committed in relation to the performance of the officer’s duties,
* the chief of police,
o has commenced proceedings to seek termination of the police officer’s employment in relation to the events that led to the charges, or
* has given notice to the police officer that the chief intends to commence such proceedings but is prevented from doing so by section 208 of the CSPA,the likely outcome of the proceedings would be, if the events leading to the charges were proven, that the officer’s employment would be terminated or the officer would resign in accordance with an order under paragraph 2 of subsection 202 (9) of the CSPA, and
* a failure to suspend the officer without pay would bring discredit to the reputation of the police service.
Procedure
Police Officer
- Upon being suspended from duty SHALL
- immediately surrender the following Service issued uniform and equipment, as applicable, to the suspending officer
o all use of force equipment
o handcuffs
o wallet and cap badge
o warrant / identification card
o eToken
o any Service issued electronic equipment including cellular/smart telephone, pager, laptop computer and electronic mobile storage device
o corporate credit card and/or covert credit card
o corporate vehicle
o memorandum book - report to their Unit Commander for confirmation of the suspension, when directed
Police Officer
- Upon confirmation of a suspension SHALL immediately
surrender all remaining Service issued uniform and equipment still in their possession to their Unit Commander.
Police Officer
- While under suspension with pay
- SHALL report to their Unit Commander or designate in person once each and every weekday at 0900 hours, or as otherwise directed
- A suspended officer is not required to report to their Unit Commander when on annual leave, statutory holidays, weekends, while off sick, or while suspended without pay.
- SHALL advise their Unit Commander of any upcoming court appearances, if applicable
- may engage in a secondary activity subject to the provisions of Procedures
- SHALL report all monetary benefits earned from paid secondary activity during the period of suspension to the Unit Commander – Labour Relations
Police Officer
- Officers suspended with pay who commence a paid secondary activity SHALL have their
pay reduced by the amount of the monetary benefit earned from such paid secondary activity during that period of suspension, pursuant to ss. 209(6) of the CSPA.
Police Officer
- Upon being suspended without pay may apply for
an Adjudication Hearing.
Police Officer
- Upon suspension being revoked SHALL report to their
Unit Commander.
Suspending Officer
- Upon considering the suspension of a police officer in accordance with the CSPA, and in the absence of the Unit Commander, SHALL
- ensure an immediate and thorough investigation is conducted
- consult with the Duty Senior Officer – Toronto Police Operations Centre (TPOC) (Duty Senior Officer), or another uniform senior officer
Suspending Officer
- When suspending a police officer from duty SHALL
- verbally advise the police officer that they are immediately suspended from duty
- relieve the suspended officer of the applicable Service issued uniform and equipment
- deliver all surrendered Service issued uniform and equipment to the suspended officer’s Unit Commander
- date and sign the suspended officer’s memorandum book
- advise the suspended officer
o to report to their Unit Commander as directed
o that access is restricted to only the public areas of any Service facility
o of the continued availability of the Employee and Family Assistance Program (EFAP) - arrange for the suspended officer to collect any personal property at the unit, where applicable
- notify the Duty Senior Officer
- complete a TPS 649 outlining the details of the suspension and submit to their Unit Commander
Unit Commander
- Upon learning that a police officer under their command has been suspended SHALL ensure
- the safe and proper storage of all seized firearms, including ammunition
- memorandum books are stored
- further investigations are conducted, if necessary
- the following have been notified of the circumstances and are forwarded a copy of the TPS 649 from the suspending officer
o Staff Superintendent – Professionalism & Accountability (PAC)
o Unit Commander – Professional Standards (PRS) - ensure the following have been notified of the suspension
o the suspended officer’s Deputy Chief of Police / Chief Administrative Officer
o the suspended officer’s Staff Superintendent / Director - The Unit Commander – Accounting Services SHALL be notified if suspended officer was issued a corporate/covert credit card or had Systems Applications and Product in Data Processing (SAP) access.
Unit Commander
- Upon being advised that the suspension has been confirmed SHALL
- ensure all surrendered use of force equipment is delivered to the Toronto Police College – Armament Section forthwith
- ensure the surrendered warrant / identification card is delivered to the Unit Commander - Facilities Management (FCM)
- ensure the surrendered corporate/covert credit card is delivered to Unit Commander - Accounting Services
- ensure the surrendered eToken is delivered to the Manager – Information Privacy & Security (IPS)
- ensure any other applicable surrendered uniform and equipment is delivered to Fleet and Materials Management (FLT) – Equipment and Supply section, 9 Hanna Avenue, for storage
- All surrendered Service issued uniform and equipment delivered to FLT – Equipment and Supply section for storage must be sealed in a large clear evidence bag with a detailed content listing attached to the outside.
- when in receipt of the Letter of Suspension signed by the Chief, serve the original letter upon the suspended officer
- note on the copies of the Letter of Suspension
o the date and time that the letter was served upon the suspended officer
o the name of the person who served the letter on the officer - ensure a copy of
o the served Letter of Suspension is forwarded to the Staff Superintendent – PAC
o the Letter of Suspension is placed in the suspended officer’s personnel file - if the suspension is with pay
o ensure a TPS 500 is completed and submitted, where applicable, to ensure any plainclothes allowance or specialty pay ceases
o advise the suspended officer to report to their Unit Commander or designate in person once each and every weekday at 0900 hours, or as otherwise directed - A suspended officer is not required to report to their Unit Commander when on annual leave, statutory holidays, weekends, while off sick, or while suspended without pay.
- maintain a reporting record, including the dates and times that the suspended officer reported
Unit Commander
- While the suspended officer is suspended from duty SHALL
- ensure the necessary arrangements are made, through the office of the appropriate crown attorney, when the suspended officer is required to attend court
- ensure the suspended officer receives annual leave as drawn
- ensure the suspended officer does not receive cleaning vouchers, plainclothes allowance, specialty pay, or clothing reimbursement
- ensure the appropriate entries are made in the
o Time Resource Management System (TRMS), including ‘Sick’, if the suspended officer is unable to report due to illness
o Human Resources Management System (HRMS) for officers suspended with pay that exceed 1 day - PAC is responsible for entering “unpaid” suspensions in HRMS. Part-day suspensions SHALL be entered in TRMS only.
- immediately notify the Unit Commander – Payroll & Benefits Administration of the suspension on a TPS 649, including the date of suspension (and return date if applicable)
Unit Commander
- When notified that the suspension from duty has been revoked by the Chief SHALL
- obtain a Letter of Revocation signed by the Chief
- serve the original Letter of Revocation on the suspended officer
- note on the copies of the Letter of Revocation, the date and time that the letter was served upon the suspended officer, and the name of the person who served the letter
- ensure a copy of the Letter of Revocation, including the date of reinstatement, is
o forwarded to the Staff Superintendent – PAC
o placed in the suspended officer’s personnel file - immediately notify the following of the revocation of suspension on a TPS 649, including the date of the reinstatement
o the Unit Commander – Payroll & Benefits Administration
o the Manager - IPS - ensure the officer is instructed to return to duty and comply with the terms of revocation
- ensure all Service issued uniform and equipment is returned to the officer, as applicable
- The Unit Commander – Accounting Services SHALL be notified if suspended officer was issued a corporate/covert credit card or had Systems Applications and Product in Data Processing (SAP) access.
- ensure the appropriate entries are made in HRMS
Definitions 13-08 – Appendix A
Warrant / Identification Card means
a photo security card issued to all employees of the Toronto Police Service, allowing identification and access to Service facilities.
