15-01 Incident Response (Use of Force/De-Escalation) Flashcards
What is the Rationale?
The Toronto Police Service (Service) places the highest value on the protection of life and the safety of its members and the public, with a greater regard for human life than the protection of property. Members of the Service have a responsibility to only use that force which is reasonably necessary to bring an incident under control effectively and safely.
The Ontario Use of Force Model (Model) is an aid to promote continuous critical assessment and evaluation of every situation, and can assist members to understand and make use of a variety of force options to respond to potentially violent situations. It is not intended to serve as a justification for a member’s use of force, nor does it prescribe specific response options appropriate to any given situation. However, the Model does provide a valuable framework for understanding and articulating the events associated with an incident involving a member’s use of force.
The decision, whether force is to be used and the amount of force required, SHALL rest solely with the member who is personally involved in the event. Such decisions SHALL be made in a manner consistent with the member’s training, the philosophy and central themes of the Ontario Use of Force Model (Model) and the law.
De-escalation and communication are core tools. De-escalation and communication methods must be considered continuously and used, where possible, even after use of force has occurred. Officers SHALL, in all situations involving the use of force, consider de-escalation tactics, including disengagement predicated on the philosophy that protection of human life is a core duty of the police.
De-escalation is defined as verbal and non-verbal strategies intended to reduce the intensity of a conflict or crisis encountered by the police, with the intent of gaining compliance without the application of force, or if force is necessary, reducing the amount of force so as not to exceed the amount of force reasonably required.
Supervision
Supervisory Officer attendance mandatory when firearm is discharged
Supervisory Officer notification mandatory when
firearm is discharged
conducted energy weapon has been used
Officer in Charge of Division of occurrence notification mandatory when firearm is discharged
Firearm Discharge Investigator (FDI) notification mandatory when firearm is discharged
Supervisory Officer notification mandatory for any duty to report/duty to intervene incident
Procedure - The Criminal Code (CC) empowers every person who is required or authorized to do anything in the administration or enforcement of the law, when acting on REASONABLE GROUNDS, to use ____________. Every person is liable, both criminally and civilly, for any unjustified or excessive force used.
as much force as necessary for that purpose
Training - Ontario Regulation 926/90 (O.Reg. 926/90) made under the Police Services Act (PSA) prohibits a member of a police service from using force on another person, unless ___________ When a use of force option is employed, its application SHALL be in keeping with the training received. Techniques outside of the prescribed training are discouraged, unless no other reasonable alternatives exist.
the member has successfully completed the prescribed training course on the use of force, and that at least once every twelve (12) months, members who may be required to use force on other persons receive a training course on the use of force.
Approved Use of Force Options - Ontario Regulation 3/99 provides that, at minimum, police officers are
issued a handgun
issued oleoresin capsicum (OC) aerosol spray
issued a baton, and
trained in officer safety, communication and physical control techniques
Approved Use of Force Options - Members SHALL not use a weapon other than a firearm unless
that type of weapon has been approved for use by the Solicitor General
the weapon conforms to technical standards established by the Solicitor General
the weapon is used in accordance with standards established by the Solicitor General
the weapon, in the course of a training exercise, is used on another member in compliance with Service Governance
Intermediate Force Options - Members may use an intermediate weapon such as their issued baton, OC spray or conducted energy weapon (CEW) as a force option
to prevent themselves from being overpowered when violently attacked
to prevent a prisoner being taken from police custody
to disarm an apparently dangerous person armed with an offensive weapon
to control a potentially violent situation when other force options are not viable
for any other lawful and justifiable purpose
Weapons of Opportunity - Despite the foregoing, nothing in O.Reg. 926/90 or this Procedure prohibits a member from the reasonable use of weapons of opportunity when
none of the approved options are available or appropriate to defend themselves or members of the public.
Authorized Restraining Devices - Handcuffs, leg irons, spit shields and other restraints authorized by the Chief of Police (e.g. plastic flexi–cuffs) may be used
to control the violent activities of a person in custody
when prisoners are being transferred from one place to another
to prevent a prisoner from escaping
Fleeing Suspect - A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if
a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
c) the person to be arrested takes flight to avoid arrest;
d) the peace officer or other person using the force believes on REASONABLE GROUNDS that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and
e) the flight cannot be prevented by reasonable means in a less violent manner.
[Authority: CC, ss. 25(4)]
Motor Vehicles - Discharging a firearm at a motor vehicle is an ineffective method of disabling the vehicle. Discharging a firearm at a motor vehicle may present a hazard to both the
officer and to the public. Police officers are prohibited from discharging a firearm at a motor vehicle for the sole purpose of disabling the vehicle.
Motor Vehicles - Police officers SHALL not discharge a firearm at the operator or occupants of a motor vehicle unless there exists an
immediate threat of death or grievous bodily harm to officers and/or members of the public by a means other than the vehicle.
Motor Vehicles - Police officers SHALL be cognizant that disabling the operator of the motor vehicle thereby disabling the control over the motor vehicle may also
present a hazard to both the officer and the public.
Motor Vehicles - Except while in a motor vehicle, officers SHALL not place themselves in the path of an
occupied motor vehicle with the intention of preventing its escape. Additionally, officers should not attempt to disable an occupied vehicle by reaching into it.
Motor Vehicles - Pursuant to Procedure 13–03 and 13–05, any apparent breach of this Procedure will be
carefully considered on its merits having regard to all the circumstances before discipline is commenced.
Excessive Force - Members who are authorized to use force, do not have an unlimited power to use that force on a person in the course of their duties. The amount of force permitted is constrained by the principles of
proportionality, necessity and reasonableness. If an officer’s use of force is challenged there will be an evaluation of the officer’s subjective belief as to the nature of the danger, whether the subjective belief was objectively reasonable and whether the use of force was necessary and proportional to the danger.
Excessive Force - An officer is prohibited from using force that is likely to cause death or grievous bodily harm, unless the officer believes that the force is necessary to
protect themselves or another person from death, or
grievous bodily harm. Any officer who is believed, upon REASONABLE GROUDS, to have used excessive force will be liable to criminal prosecution. (Authority: CC, s.25, s. 26).
Duty to Report and Duty to Intervene - In accordance with the values of the Service, the law, procedure and the necessity to maintain the trust of the community, all members SHALL safeguard the reputation of the
Service and comply with the duty to intervene and the duty to report misconduct of other members of the Service and members of police services that the Service may be partnered with in the course of investigations or day-to-day activities.
Duty to Report and Duty to Intervene - Any member who has a clear reason to believe that another member of the Service is engaging in conduct that constitutes misconduct including, but not limited to, assault or physical abuse (i.e. excessive use of force) involving any person, SHALL:
(a) Where feasible, intervene and take reasonable steps to prevent the behaviour from continuing;
(b) Record details of the incident and substance of the complaint, including dates, times, locations, other persons present and other relevant information, including the presence of video and/or other evidence; and
(c) Report the incident forthwith, to their immediate supervisor, or another supervisor.
Duty to Report and Duty to Intervene - Under the PSA, failure to report the misconduct of another member, may constitute misconduct and may be subject to
discipline as outlined in Service Procedure - Chapter 13 Appendix A, entitled “Unit Level Criteria/Conduct Penalties”
Duty to Report and Duty to Intervene - In addition to this Procedure, sworn members SHALL abide by applicable requirements of the
Code of Conduct, Code of Offences and Conduct Requirements as outlined in Ontario Regulation 268/10 (O. Reg. 268/10) made under the PSA.
Reporting Use of Force - Ontario Regulation 926/90 compels members to submit a Use of Force Report to the Chief of Police when a member
uses physical force on another person that results in an injury that requires medical attention
draws a handgun in the presence of a member of the public, excluding a member of the police force while on duty
discharges a firearm
points a firearm regardless if the firearm is a handgun or a long gun
uses a weapon other than a firearm on another person
For the purpose of reporting a use of force incident, the definition of a weapon includes a police dog or police horse that comes into direct physical contact with a person.
Reporting Use of Force - Additionally, officers are required to submit a Use of Force Report and a TPS 584 to the Chief of Police when the officer uses a CEW
as a “demonstrated force presence”
in drive stun mode or full deployment, whether intentionally or otherwise.
Use of force reports are collected and used to identify individual and group training requirements, or Service use of force governance requirements.
Race and Identity-Based Data Collection - Ontario Regulation 267/18, made under the Anti-Racism Act, 2017, requires the Ministry of the Solicitor General to collect police service member’s perception regarding the race of individuals about whom a Use of Force Report is completed.
As outlined in Procedure 16–07, the Toronto Police Services Board Policy entitled_________ requires the Toronto Police Service (Service) to collect, analyze and publicly report on data related to the race of those individuals with whom Service members interact
When officers are required to complete a Use of Force Report, in accordance with this Procedure, they SHALL
“Race-Based Data Collection, Analysis and Public Reporting”
record their perceived race of the individual(s) about whom the report is completed in the designated section of the report.
Team Reports - Specialized Emergency Response – Emergency Task Force (ETF) and Emergency Management & Public Order – Public Safety (Public Safety), when operating/responding as a team, SHALL submit a
Team Report UFR Form 1 in situations where force, meeting the reporting requirements, is merely displayed. An incident in which force was actually used, including the Demonstrated Force Presence of a CEW, requires a separate Use of Force Report from each individual officer involved.
Exemptions to the Reporting Criteria - A Use of Force Report is not required when
a firearm, other than an issued handgun, is merely carried or displayed by an officer
a handgun is drawn or a firearm pointed at a person or is discharged in the course of a training exercise, target practice or ordinary firearm maintenance in accordance with Service Governance
a weapon other than a firearm is used on another member of the Service in the course of a training exercise
physical force is used on another member of the Service in the course of a training exercise
Use of Force Reports – Prohibited Uses -
Under no circumstances SHALL the Use of Force Report, or the personal identifiers associated with Part B be retained beyond the
limitations dictated by O.Reg. 926/90, and in accordance with Board Policy.
Use of Force Reports – Prohibited Uses - The Use of Force Report SHALL not be admitted in evidence at any hearing under Part V of the PSA, other than a hearing to
determine whether the police officer has contravened ss. 14.5 of O.Reg. 926/90 and Service Governance on use of force reporting.
Use of Force Reports – Prohibited Uses - The information from the Use of Force Report SHALL not be contained
in an officer’s personnel file.
Use of Force Reports – Prohibited Uses - The Use of Force Report SHALL not be introduced, quoted from, or in any way referred to, during considerations of
promotion or job assignment without the consent of the reporting officer.
Duplication / Disclosure / Retention - Members SHALL not make or retain a copy of the Use of Force Report for any purpose, except as required to conduct a proper analysis for training purposes and Service Governance review.
Duplication / Disclosure / Retention - Where a court order, subpoena, or prosecutor’s request for disclosure of the Use of Force Report is received, such request SHALL be directed to _______. Where the request is made under the_______________, such request SHALL be directed to the Coordinator – Records Management Services – Access and Privacy Section.
Legal Services
Municipal Freedom of Information & Protection of Privacy Act and not by a court order, subpoena, or prosecutor’s request for disclosure
Additional Training - The Unit Commander of a member who has been identified with a training issue SHALL submit a _____ to the Unit Commander – Toronto Police College (TPC) detailing the issue. The TPC SHALL be responsible for liaising with a Unit Commander recommending_____________. Final determination on individual training will be made by the Unit Commander – TPC.
TPS 649
individual training for a member, and SHALL schedule the required training in accordance with unit specific guidelines
Additional Investigative Requirements – Firearm Discharge - When a Service firearm has been discharged, the Senior Duty Officer SHALL be notified forthwith.
Additional Investigative Requirements – Firearm Discharge - The Firearm Discharge Investigator (FDI) SHALL be responsible for
all administrative investigations pertaining to firearm discharges.
Additional Investigative Requirements – Firearm Discharge - The discharging officer’s supervisory officer is required to complete a
Firearm Discharge Report.
Additional Investigative Requirements – Firearm Discharge - A supervisory officer from the involved officer’s unit may be
assigned to support and assist the FDI in the investigation.
Exemption to the Additional Investigative Requirements - A FDI is not required when investigating the discharge of a device designed for the
application of chemical munitions (tear gas guns and muzzle blast devices).
Exemption to the Additional Investigative Requirements - The investigation and report on the incident SHALL be the responsibility of the
Unit Commander, in conjunction with the training staff, of the unit responsible for the discharge.
Special Constables (Court Officers, Divisional Bookers, District Special Constables) and Auxiliary Members
Special Constables and Auxiliary Members are not issued firearms. The following use of force options are issued to Special Constables and Auxiliary Members
Baton
Pepper Gel
Handcuff Restraints
Soft Leg Restraints (available for use)
With the exception of firearms, the provisions of this Procedure regarding training, use of force options and the reporting of force used SHALL also govern Special Constables and Auxiliary Members.
Member - Members SHALL NOT use force on another person unless they have successfully completed the
prescribed training course on the use of force (which includes de-escalation techniques and communication)
Member - Members who may be required to use force on other persons SHALL complete a training course on the use of force (which includes
de-escalation techniques and communication) at least once every twelve (12) months
Member - unless otherwise authorized,
unless otherwise authorized, SHALL only use the use of force options identified in the Approved Use of Force
Options and Intermediate Force Options sections in this Procedure
are reminded that de-escalation and communication methods must be considered continuously and used, where possible, even after a use of force has occurred
may use weapons of opportunity when none of the approved options are available or appropriate to defend
themselves or members of the public
Member - Unless otherwise authorized, members SHALL
only use their Service issued baton
not use impact devices commonly known as ‘saps’ or ‘blackjacks’
Batons are the only impact weapon permitted for use when dealing directly with the public.
Member - When authorized to use OC aerosol spray SHALL
only use it when other options reasonably present a risk of injury to a subject or themselves
make all reasonable efforts to decontaminate sprayed individuals at the earliest safe or practicable opportunity, including the consideration of aerosol water mist decontamination devices
Member - Police officers issued with and/or authorized to carry firearms or ammunition SHALL
not draw a handgun, point a firearm at a person, or discharge a firearm unless
there are REASONABLE GROUNDS TO BELIEVE that to do so is necessary to protect against loss of life or serious bodily harm (Authority: O. Reg. 926/90, s. 9)
engaged in a training exercise, target practice or ordinary weapon maintenance (Authority: O. Reg. 926/90, ss. 9.1)
the discharge of a handgun or other firearm is to call for assistance in a critical situation, if there is no reasonable alternative [Authority: O. Reg. 926/90, ss. 10(a)]
the discharge of a handgun or other firearm is to destroy an animal that is potentially dangerous or is so badly injured that humanity dictates that its suffering be ended [Authority: O. Reg. 926/90, ss. 10(b)]
not discharge a firearm
at a motor vehicle for the sole purpose of disabling the vehicle
at the operator or occupants of a motor vehicle unless there exists an immediate threat of death or
grievous bodily harm to the officers and/or members of the public by a means other than the vehicle
- as a warning shot
Warning shots present an unacceptable hazard to both the public and the police.
Pursuant to Procedure 13-03 and 13-05, any apparent breach of this Procedure will be carefully
considered on the merits having regard to all the circumstances before discipline is commenced.
Member - When it is necessary to discharge a Service issued firearm for the purpose of dispatching an animal SHALL comply with
Procedure 15–03. NIP
Member - In critical situations SHALL, when tactically appropriate
avoid confrontation by disengaging to a place of safety
take all reasonable measures to contain the scene
notify the communications operator and request the attendance of
a supervisory officer
Toronto Paramedic Services (Paramedics), if required
Member - When the use of force results in an injury to a person SHALL
comply with Procedure 10–06 NIP
ensure the person receives proper medical attention, making all reasonable efforts to relieve their discomfort
notify the communications operator and request the attendance of
a supervisory officer
Paramedics, if required
Member - Members unless engaged in an approved training exercise SHALL submit a Use of Force Report to their supervisor prior to the completion of the tour of duty when they
use physical force on another person that results in an injury that requires medical attention
draw a handgun in the presence of a member of the public, excluding a member of the police force while
on duty
discharge a firearm
point a firearm regardless if the firearm is a handgun or a long gun
use a weapon other than a firearm on another person
use a CEW as Demonstrated Force Presence, Drive Stun Mode, Full Deployment or when an unintentional
discharge occurs
Member - When a CEW is used as a Demonstrated Force Presence, in Full Deployment, Drive Stun Mode, or when an unintentional discharge occurs SHALL comply with
Procedure 15–09.
Member - When discharging any firearm other than at an authorized range or under the exemption provisions SHALL immediately notify
- their supervisory officer
- the Officer in Charge of the division in which the discharge occurred.
As per the Firearm Discharge definition, when a Service member discharges a firearm in the performance of their duty, and/or discharges a Service issued firearm at any time, intentionally or unintentionally, regardless of whether it causes injury or death. This does not include discharges that occur at an authorized range or under the exemption provisions.
Member - After the at–scene portion of the event has concluded SHALL
complete a
The Use of Force Report when force has been used
TPS 105 when injury or illness has occurred
TPS 584 when a CEW is used as Demonstrated Force Presence, Drive Stun Mode, Full Deployment or
unintentional discharges
Members SHALL not make, retain or release a copy of the Use of Force Report for any purpose except as required in this Procedure.
attach the TPS 105 and TPS 584 , as applicable, to and submit to their supervisor prior to the completion of the tour of duty
when approved by a supervisor, submit the completed Use of Force Report electronically via internal e-mail to the Training Analyst at the TPC
where critical incident stress may have occurred, comply with 08–04
Member - When additional use of force training has been recommended by the _______ SHALL attend as directed.
Unit Commander
Member - When becoming aware of a firearm discharge by a law enforcement officer from another law enforcement agency SHALL immediately
notify their supervisor.
Member - When making recommendations regarding training, equipment or policy issues related to the use of force SHALL submit details of the recommendations on a
TPS 649 to the Unit Commander.
Supervisory Officer - When notified of a firearm discharge incident SHALL
When notified of a firearm discharge incident shall
attend the scene immediately
ensure the scene and all evidence are protected and collected in compliance with Procedure 04–21
exercise all due caution to ensure the evidence is not contaminated, overlooked or destroyed
advise the Officer in Charge at the first available opportunity and provide regular updates
ensure the Officer in Charge of the division in which the firearm discharge occurred has been notified, if the discharge did not occur in the members home unit
support and assist the FDI and investigate as required
submit a TPS 586 to the Officer in Charge prior to the completion of the tour of duty
Supervisory Officer - Upon receipt of a Use of Force Report SHALL
where critical incident stress may have occurred, comply with 08–04
ensure the report is accurate and completed in accordance with this Procedure
direct the submitting officer to email the electronic version of the report to the Training Analyst, as required
ensure the TPS 105, TPS 584 and TPS 586, as applicable, are attached to the Use of Force Report
review all available Body Worn Camera and in Car Camera footage of the officers involved in the incident
notify the Unit Investigating Officer and/or Unit Complaint Co-ordinator (UCC) of the submission of the Use of Force Report
Where a probationary constable has been involved in a Use of Force incident, a review of the incident, the Body Worn Camera and the in Car Camera footage (if applicable) SHALL be conducted with the probationary constable
This review is to ensure alignment with prescribed training and regulations. The review SHALL consider the principles of fair and impartial policing, to recognize implicit biases and implement controlled responses in decision making.
submit the completed Use of Force Report and TPS forms to the Officer in Charge prior to the completion of the tour of duty
where a member is incapable of completing the Use of Force Report, as the immediate supervisor, complete the member’s portion
notify the unit investigating Supervisor and/or UCC of the submission
if recommending additional training, complete the applicable section of the Use of Force Report
comply with Procedure 15-03, if applicable
Unit Investigating Supervisor/Unit Complaint Coordinator - Upon being notified of a Use of Force Report submission SHALL
commence a review of the circumstances and the appropriateness of the level of force used during an incident
review all available Body Worn Camera footage of the officers involved in the incident
take appropriate action, if a training issue has been identified, or a misconduct has occurred
Officer in Charge - Upon being notified of a firearm discharge SHALL
ensure a supervisory officer is assigned to support and assist the FDI during the course of the firearm discharge investigation in accordance with the ‘Additional Investigative Requirements – Firearm Discharge’ section of this Procedure
whether or not the firearm discharge results in injury or death to a person, notify the Unit Commander and comply with Procedure 04-02 and 13-16 as applicable
notify the Officer in Charge – Toronto Police Operations Centre (TPOC) forthwith
ensure a description of the event is detailed in the Unit Commander’s Morning Report (UCMR)
Officer in Charge - Upon receipt of a Use of Force Report SHALL
where critical incident stress may have occurred, comply with 08–04
ensure the TPS 105, TPS 584 and TPS 586, as applicable, are attached to the Use of Force Report
ensure the reports are accurate and complete
ensure that the Unit Investigating Supervisor and/or UCC has been notified
ensure that the Supervisor has conducted a review when a probationary constable was involved in a use of force incident
if recommending additional training, complete the applicable section of the Use of Force Report
submit the completed reports to the Unit Commander prior to the completion of the tour of duty
comply with Procedure 15-03. if applicable
Officer in Charge – Toronto Police Operations Centre - Upon being notified of a firearm discharge by an officer from another law enforcement agency SHALL
notify the Duty Senior Officer and on–call FDI forthwith.
Firearm Discharge Investigator – Professional Standards - When advised that a firearm discharge incident has occurred SHALL
take charge of the investigation
direct all required resources to ensure compliance with the additional investigative requirements
conduct a thorough investigation and submit the appropriate report
Comply with Procedure 10-13
Definitions - Authorized Range means a range
operated by the Service, or;
operated by another Ontario police service, or;
that is a privately owned and provincially approved shooting range, or;
operated by the Department of National Defence (DND).
Definitions - Conducted Energy Weapon (CEW)
means a weapon that primarily uses propelled wires to conduct energy that affects the sensory and/or motor functions of the central nervous system.
Definitions - Dispatching of an Animal
means the discharge of a firearm for the purpose of ending the life of an animal that is potentially dangerous, or is so badly injured that humanity dictates that its suffering be ended.
Definitions - Firearm
for the purposes of use of force, means a Service issued or authorized firearm.
Definitions - Firearm Discharge Investigator (FDI)
means a detective or detective sergeant assigned to Professional Standards who has completed the accredited Firearm Discharge Investigators Course.
Definitions - Handgun
means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand.
[Source: Police Services Act, O.Reg. 926/90, S.2].
Definitions - Service Members’ Perception Data
means information derived from a member making a determination with respect to the race of an individual by observation, solely on the basis of that member’s own perception.
Definitions - Incident Review Committee (IRC) means a panel consisting of, but not limited to the:
Unit Commander or designate – Specialized Emergency Response – Emergency Task Force
Unit Commander or designate – Strategy & Risk Management
Unit Commander or designate- Professional Standards
Section Head – Toronto Police College (TPC) – Armament Section
Section Head – TPC – In–Service Training Section
Training Analyst – TPC – Armament Section
Representative – East Field
Representative – West Field
Representative – Emergency Management & Public Order – Public Safety
Representative – Analysis and Assessment Section
Representative – Equity, Inclusion & Human Rights Section
The mandate of the (IRC) is:
review incidents other than those listed in the exempted areas, where force was used by members of the Service
assess the effectiveness of the Service’s training, practices and associated Service Governance within the
limitations of the SIU Act, and
if applicable, report its findings to the Senior Management Team (SMT).
Definitions - Unit Investigating Supervisor
(in reference to Use of Force) means a supervisor assigned to the Unit quality control, or a Unit Complaint Coordinator (UCC).
