13-16 Special Investigations Unit Flashcards
What is the Rationale?
This Procedure outlines the responsibilities of members regarding investigations where the Province’s Special Investigations Unit (SIU) mandate has been or may be invoked. The Special Investigations Unit Act (SIUA) directs the Toronto Police Service (Service) regarding the conduct and duties of officials with respect to investigations conducted by the SIU.
Supervision
Supervisory Officer attendance mandatory
Chief’s SIU On-Call Designated Authority attendance mandatory
Supervisory Officer notification mandatory when a Service member is involved in an incident where the SIU mandate is or may be invoked
Officer in Charge – TPOC notification mandatory when the SIU mandate is or may be invoked
Duty Senior Officer notification mandatory when the SIU mandate is or may be invoked
Chief’s SIU On-Call Designated Authority notification mandatory when the SIU mandate is or may be invoked
Procedure - Wellbeing of Members -
_______ is a priority for the Service. To assist involved members in coping with an event in which the SIU mandate is or may be invoked, access, as required, to
The medical and psychological wellbeing of Service members
medical care and/or a representative of the Critical Incident Response Team (CIRT) / Employee Family Assistance Program (EFAP) / Peer Support Volunteer (PSV) will be provided.
Procedure - Special Investigations Unit Mandate - The SIU is a civilian law enforcement agency in Ontario that has jurisdiction over _______. The SIU is independent of any police service and operates at arm’s length from the Ministry of the Attorney General.
municipal regional and provincial police officers, as well as special constables employed by the Niagara Parks Commission and peace officers with the Legislative Protective Service
Procedure - Special Investigations Unit Mandate -
Anyone the SIU is mandated to investigate is referred to as an ‘official’. Under the SIUA, the SIU Director may cause an investigation to be conducted into any incident in which any of the following occurs, to determine if the incident may have resulted from criminal conduct by an official
The death of a person;
The serious injury of a person;
The discharge of a firearm at a person (regardless of causing injury or death, and including less lethal weapons as defined in this procedure); or
The sexual assault of a person, as reported by the person.
Procedure - Special Investigations Unit Mandate - A person sustains a serious injury if they
sustains an injury as a result of which they are admitted to a hospital;
suffers a fracture to the skull, or to a limb, rib or vertebra;
suffers burns to a significant proportion of their body;
loses any portion of their body;
as a result of an injury, experiences a loss of vision or hearing; or
sustains a prescribed injury; or
any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not
transient or trifling in nature.
Procedure - Chief’s SIU On-Call Designated Authority Duties Relating to SIU Investigations - Per s. 30(1) of the SIUA the Chief of Police (Chief) can designate a Chief’s SIU On-Call Designated Authority to assume _________. The Chief’s SIU On-Call Designated Authority will direct the Service’s response to the SIU investigation. The Chief has authorized the following senior officers to act in this role:
all the duties and powers of the Chief in matters respecting an incident under investigation by the SIU
Uniform Senior Officer – authorized in writing by the Chief of Police
Duty Senior Officer
Procedure - Chief’s SIU On-Call Designated Authority Duties Relating to SIU Investigations - Professional Standards (PRS) SHALL have custody of the _________, as directed by s. 81(1) of the Community Safety and Policing Act (CSPA).
When the Community Safety and Policing Act (CSPA) legislation comes into force, s. 81(1) CSPA and associated regulations will replace s.11 of O. Reg. 267/10.
Administrative Investigation into the policies of or services provided by the Service and the conduct of police officers
Procedure - Control of Scenes - Every member has a duty to ensure that the scene of an incident where the mandate of the SIU is or may be invoked is ______. The scene SHALL be protected and preserved in a manner consistent with Service procedures and usual practice pursuant to s. 20(1) of the SIUA.
properly preserved from contamination or deterioration
Procedure - Injured Parties -
The medical assistance necessary for the safety and wellbeing of all injured parties remains the_______. All injured parties, whether victims or suspects, SHALL be assisted as directed by the Police Services Act (PSA) and Service Governance.
primary importance in all incidents
Procedure - Search and Seizure of Service Property by SIU -
The SIU will be permitted, subject to the direction of the Chief’s SIU On-Call Designated Authority, to seize any ___________. Any other items can only be seized by consent or by search warrant. The Chief’s SIU On-Call Designated Authority is solely responsible for the ____________. Under no circumstances will equipment, documents, or memorandum books/unit-approved notebooks be surrendered to the SIU without the specific direction of the______________.
police– issued equipment, without warrant, that is relevant to an SIU investigation
release of all equipment and documents to the SIU
Chief’s SIU On-Call Designated Authority
Procedure - Seizure of Service Firearms, Less Lethal Weapons and Conduced Energy Weapons (CEW) -
In cases where Service firearms, less lethal weapons and/or CEWs are involved, all SHALL remain
holstered, secured and handled in compliance with this procedure, relevant Chapter 15 procedures (including Procedure 15–03 NIP), and training
Procedure - Seizure of Service Firearms, Less Lethal Weapons and Conduced Energy Weapons (CEW) - The firearm and/or less lethal weapon SHALL be proven safe at a proving station in the presence of an_______. The CEW information SHALL not be ______. The cartridge and battery SHALL not be removed. The firearm, less lethal weapon and/or CEW may only be turned over to the SIU at the direction of the Chief’s SIU On-Call Designated Authority.
In exigent circumstances, such as in the case of an injured officer, a ______ SHALL seize and secure the firearm, less lethal weapon and/or CEW.
SIU investigator and the Chief’s SIU On-Call Designated Authority
downloaded, altered, or modified
supervisory officer
Procedure - Seizure of Service Vehicles -
Service vehicles equipped with _________- requiring forensic examination as part of the SIU investigation must be stored in a secure location. The Chief’s SIU On-Call Designated Authority is solely responsible for __________ from the vehicle.
specialized equipment and/or equipped with workplace technology devices (WTD) having access to confidential records, and Service vehicles
coordinating the release of the Service vehicle and the removal of both Service and personal equipment
Procedure - Seizure of Service Workplace Technology Devices and Body Worn Camera -
Service-issued WTD and body worn cameras (BWC) have access to confidential records and must be stored in a secure location. The Chief’s SIU On-Call Designated Authority is solely responsible for coordinating the
release of these devices.
Procedure - Media Releases -
When an incident has occurred where the SIU mandate is invoked, ________ is restricted. The Chief of Police and/or Unit Commander – Corporate Communications may make an
release of information to the media
initial release of information indicating an incident has occurred and the SIU mandate has been invoked.
Procedure - Chief’s Administrative Investigation -
Professional Standards oversees Chief’s Administrative Investigations to determine issues related to the policies of, or services provided by, the Service and the conduct of involved police officers/members.
Service subject matter experts SHALL be assigned Chief’s Administrative Investigations. The following internal units shall be assigned Administrative Investigations:
Professional Standards
officer–involved firearm and less lethal weapon discharge
all serious injury not listed below
Specialized Criminal Investigation – Homicide
death in police custody – other than an officer–involved firearm discharge
Specialized Criminal Investigation – Sex Crimes
allegations of sexual assault
Traffic Services
suspect apprehension pursuit or officer–involved collision
Procedure - Chief’s Administrative Investigation - Service investigators may consider consulting with Equity, Inclusion and Human Rights, in accordance with Procedure 13–14, when there are potential or direct implications that a
contravention of the Human Rights Code has occurred.
Procedure - SIU Investigative Interviews - The SIU will communicate all requests directly to the Chief of Police. The scheduling of all investigative interviews requested by the SIU SHALL be arranged through the
PRS - SIU Liaison Section.
The SIU has the authority to audio record, or video record on consent, official’s interviews.
Procedure - Representation during an Interview
Following the official completing their incident notes, section 27(1) of the SIUA entitles them to consult with _________ present during their interview with the SIU.
Subsection 27(3) of the SIUA directs Witness Officials that they may not be represented by the same legal counsel as Subject Officials.
legal counsel and/or a representative of the Association and to have the legal counsel and/or Association representative
Procedure - Incident Notes -
Incident notes are notes that pertain to the incident giving rise to the SIU mandate being invoked and are made in the member’s memorandum book or unit-approved notebook only. Incident notes are created at the time of the event or shortly thereafter, with active input by the member. Incident notes do not include other written or electronic records of information, such as ________. Incident notes SHALL only be made in ________. Where exigent circumstances exist incident notes can be made on or documented in other mediums, consistent with the general direction on exigencies in Procedure 13–17.
occurrence reports, arrest reports, use of force reports, duty reports, or logs
memorandum books and unit-approved notebooks, unless exigent circumstances exist
Procedure - Incident Notes - The Professional Standards SIU Liaison Investigator will review on a case-by-case basis any content __________, to determine if the content qualifies as an incident note (for example, content captured by a Service issued body-worn camera or in-car camera). Digital recordings do not automatically constitute _________. These recordings must show the information was created with intent to be incident notes and were made under exigent circumstances only.
captured or recorded via electronic mediums, whether captured advertently or inadvertently
incident notes
Procedure - Completion of Incident Notes -
Section 21 of the SIUA requires Subject and Witness Officials to complete in full the notes for an incident in accordance with their duty. Subsection 21(3) SIUA directs that the incident notes SHALL be completed by the
end of the official’s tour of duty, except where excused by the Chief’s SIU On-Call Designated Authority.
Procedure - Completion of Incident Notes - The Supreme Court of Canada (SCC) ruled in Wood v. Schaeffer, 2013 SCC 71 that police officers are not permitted to consult with counsel before completion of their notes. As such, the following directions SHALL be adhered to by all police officers (both witness and subject):
Police officers involved in events which fall under the mandate of the SIU are not permitted to consult with counsel prior to completing their incident notes;
Police officers have a duty to prepare accurate, detailed, and comprehensive incident notes as soon as practicable after an event;
Incident notes are to be completed and submitted before the end of the police officers tour of duty, except where excused by the Chief’s SIU On-Call Designated Authority;
If there is a need to inform a police officer of their duties and obligations under the SIUA, it will be delivered by the Chief’s SIU On-Call Designated Authority or the Duty Senior Officer;
Police officers are permitted to consult with counsel after their incident notes have been completed, and;
Police officers remain entitled to the full benefit of legal counsel before and during the SIU interview.
Though the above ruling directs police officers, any member involved in an SIU incident SHALL adhere to the direction.
Procedure - Completion of Incident Notes - All incident notes are to be stored in compliance with the
notes storage outlined in Procedure 13–17 NIP, subject to court requirements.
Procedure - Completion of Incident Notes - All incident notes SHALL be completed and delivered to the _________. Exceptions may be made in cases where there are _________. Only the Chief’s SIU On-Call Designated Authority can excuse officers from immediately completing their incident notes with respect to SIU investigations.
Officer in Charge (OIC) upon the completion of the members tour of duty
bona fide medical reasons for not completing the incident notes
Procedure - Completion of Incident Notes - All reports and occurrences SHALL be
completed in accordance with the established practice, including incidents where the SIU has invoked its mandate.
Procedure - Disclosure of Notes -
For the purposes of disclosure to the SIU, all notes (incident notes and notes defined by Procedure 13–17) SHALL only be given to the
PRS - SIU Liaison who will be responsible for disclosure to the SIU. Members SHALL not release notes or incident notes to the SIU.
Member -
Members have a positive duty to comply with the SIUA and non-compliance can result in
disciplinary actions, fines, and/or penal consequences.