13-16 Special Investigations Unit

Question 1

Supervision - 13-16 Special Investigations Unit

Answer 1

 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

Question 2

The SIU is a civilian law enforcement agency in Ontario that has jurisdiction over municipal, regional and provincial police
officers, as well as special constables employed by the Niagara Parks Commission and peace officers with the Legislative
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Protective Service. The SIU is independent of any police service and operates at arm’s length from the Ministry of the
Attorney General.
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

Answer 2

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.

Question 3

A person sustains a serious injury if they (SIU)

Answer 3

 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.

Question 4

Chief’s SIU On-Call Designated Authority Duties Relating to SIU Investigations

Answer 4

The Chief has authorized the
following senior officers to act in this role:
 Uniform Senior Officer – authorized in writing by the Chief of Police
 Duty Senior Officer
Professional Standards (PRS) shall have custody of the Administrative Investigation into the policies of or services provided
by the Service and the conduct of police officers, as directed by s. 81(1) of the Community Safety and Policing Act (CSPA).

Question 5

Search and Seizure of Service Property by SIU

Answer 5

The SIU will be permitted, subject to the direction of the Chief’s SIU On-Call Designated Authority, to seize any police–
issued equipment, without warrant, that is relevant to an SIU investigation. 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 release of all equipment
and documents to the SIU. Under no circumstances will equipment, documents, or memorandum books/unit-approved
notebooks be surrendered to the SIU without the specific direction of the Chief’s SIU On-Call Designated Authority.
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), and training.
The firearm and/or less lethal weapon shall be proven safe at a proving station in the presence of an SIU investigator and
the Chief’s SIU On-Call Designated Authority. The CEW information shall not be downloaded, altered, or modified. 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.
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In exigent circumstances, such as in the case of an injured officer, a supervisory officer shall seize and secure the firearm,
less lethal weapon and/or CEW.

Question 6

Seizure of Service Vehicles

Answer 6

Service vehicles equipped with specialized equipment and/or equipped with workplace technology devices (WTD) having
access to confidential records, and Service vehicles 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 coordinating the release
of the Service vehicle and the removal of both Service and personal equipment from the vehicle.

Question 7

Seizure of Service Workplace Technology Devices and Body Worn Camera

Answer 7

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

Question 8

Media Releases

Answer 8

When an incident has occurred where the SIU mandate is invoked, release of information to the media is restricted. The
Chief of Police and/or Unit Commander – Corporate Communications may make an initial release of information indicating
an incident has occurred and the SIU mandate has been invoked.

Question 9

Chief’s Administrative Investigation

Answer 9

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.

Question 10

Service subject matter experts shall be assigned Chief’s Administrative Investigations. The following internal units shall be
assigned Administrative Investigations:

Answer 10

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

Question 11

SIU Investigative Interviews

Answer 11

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.

Question 12

Representation during an Interview

Answer 12

Following the official completing their incident notes, section 27(1) of the SIUA entitles them to consult with legal counsel
and/or a representative of the Association and to have the legal counsel and/or Association representative 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.

Question 13

Incident Notes (SIU)

Answer 13

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 occurrence reports, arrest reports, use of force reports, duty reports, or logs. Incident notes shall only be made in
memorandum books and unit-approved notebooks, unless exigent circumstances exist. Where exigent circumstances exist
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incident notes can be made on or documented in other mediums, consistent with the general direction on exigencies in
Procedure 13–17.
The Professional Standards SIU Liaison Investigator will review on a case-by-case basis any content captured or recorded
via electronic mediums, whether captured advertently or inadvertently, 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 incident notes. These recordings must show the information was created with intent to be incident
notes and were made under exigent circumstances only.

Question 14

Completion of Incident Notes (SIU)

Answer 14

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.
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.
All incident notes are to be stored in compliance with the notes storage outlined in Procedure 13–17, subject to court
requirements.
All incident notes shall be completed and delivered to the Officer in Charge (OIC) upon the completion of the members tour
of duty. Exceptions may be made in cases where there are bona fide medical reasons for not completing the incident notes.
Only the Chief’s SIU On-Call Designated Authority can excuse officers from immediately completing their incident notes
with respect to SIU investigations.
All reports and occurrences shall be completed in accordance with the established practice, including incidents where the
SIU has invoked its mandate.

Question 15

Disclosure of Notes (SIU)

Answer 15

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.

Question 16

Members acting as a representative of the Association and offering advice to an involved member shall (SIU)

Answer 16

advise the OIC of their arrival at the unit
 respect the duties and obligations of the involved officer in keeping with the SIUA, Wood v. Schaeffer, 2013 SCC
71, and the direction contained in this Procedure
 offer advice only after the involved officer has completed their notes
 be advised that all communication with the involved officer is without privilege

Question 17

Members acting as the CIRT Coordinator / EFAP Liaison or a CIRT/PSV representative shall (SIU)

Answer 17

advise the OIC of their arrival at the unit
 respect the duties and obligations of the involved member, in keeping with the SIUA, Wood v. Schaeffer, 2013 SCC
71, and the direction contained in this Procedure
 be advised that all communication with the involved officer is without privilege
 also comply with direction contained in Procedure 08–04

Question 18

When a Chief’s Administrative Investigation has commenced, at the direction of the assigned PRS SIU Liaison
Investigator shall

Answer 18

 provide the PRS SIU Liaison Investigator a copy of their incident notes
 make themselves available for an interview
 Note: The exceptions provided to a Subject Official with regard to providing incident notes
or attending an interview listed under the SIU criminal investigation do not apply to the
Chief’s Administrative Investigation. All members shall cooperate as directed by s. 81(1)
of the CSPA.

Question 19

When the SIU mandate is invoked and the incident involves Service firearms and/or less lethal weapons, the police
officer that discharged the weapon shall

Answer 19

 in instances involving a handgun
 keep handgun holstered and secure until proven safe at a proving station, in compliance with Procedure 15–
03 and training, and in the presence of an SIU Investigator and the Chief’s SIU On-Call Designated Authority,
then
 turn over the handgun to the SIU Investigator, at the direction of the Chief’s SIU On-Call Designated Authority.
 in instances involving any other Service firearm and/or less lethal weapon
 safely handle, secure and maintain possession and control of the firearm and/or less lethal weapon, in
compliance with training and relevant Chapter 15 procedures, and
 unload the firearm and/or less lethal weapon in the presence of an SIU Investigator, the Chief’s SIU On-Call
Designated Authority and in compliance with training, then
 turn over the firearm and/or less lethal weapon to the SIU Investigator, at the direction of the Chief’s SIU OnCall Designated Authority
 in all instances, complete applicable reports in compliance with relevant Chapter 15 procedures

Question 20

Supervisory Officer-When attending an incident where the SIU mandate is or may be invoked shall

Answer 20

 take charge of the scene and determine the roles (only) of the involved officers
 ensure the scene and all evidence is protected and preserved
 segregate the involved officers
 ensure each of the involved officers are transported separately to a designated unit, where practicable
 ensure unauthorized persons do not question involved officers, unless there is an immediate medical requirement,
or an urgency to locate outstanding suspects, or preserve evidence
 immediately notify the OIC – TPOC
 ensure the OIC is notified and updated on a regular basis
 comply with the applicable portions of Procedures 08–01 and 08–04, if applicable
 brief the Chief’s SIU On-Call Designated Authority with the details of the incident
 Note: The Administrative Investigation commences with the arrival of a supervisory
officer. Any supervisory officer obtaining information from an involved officer shall do so
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under the compulsion of s. 11 of O. Reg. 267/10, for the purpose of the Administrative
Investigation. (When the CSPA legislation comes into force, s. 81(1) CSPA will replace s.11
of O. Reg. 267/10.)
 complete applicable reports in compliance with relevant Chapter 15 procedures

Question 21

Officer in Charge -When notified of an incident where the SIU mandate is or may be invoked shall

Answer 21

 ensure the OIC – TPOC is notified
 ensure a supervisor attends
 ensure the scene and all evidence has been protected and preserved
 notify their Unit Commander
 provide ongoing assistance to the members at the scene
30.When the involved officers arrive at the unit shall
 ensure the wellness of each involved officer, including their medical and psychological wellbeing
 ensure compliance with the SIUA and Wood v. Schaeffer, 2013 SCC 71
 segregate each officer by placing them in separate offices, where practicable
 direct all involved officers to complete their incident notes independently
 submit all completed incident notes to the Unit Commander for storage
 allow contact with the involved officers by only
 authorized personnel
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 counsel and an Association representative only after notes have been completed and submitted in
compliance with this Procedure and Procedure 13–17
 brief the attending Chief’s SIU On-Call Designated Authority with the details of the incident

Question 22

Officer in Charge - TPOC-When notified of an incident where the SIU mandate is or may be invoked shall

Answer 22

 immediately notify the Duty Senior Officer – TPOC
 immediately notify the Deputy Chief of Police (Deputy Chief) of the Command involved
 ensure the Unit Commanders of all involved Subject and Witness Officials are notified of the SIU event

Question 23

Administrative Investigation

Answer 23

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. 81(1) of the Community Safety and Policing Act.