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.