15-01 Incident Response (Use of Force/De-Escalation)

Question 1

What is the Rationale?

Answer 1

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.

Question 2

What is the Supervision?

Answer 2

• Supervisory Officer attendance mandatory when firearm is discharged
• Supervisory Officer notification mandatory when
  o firearm is discharged
  o 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

Question 3

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

Answer 3

as much force as necessary for that purpose. Every person is liable, both criminally and civilly, for any unjustified or excessive force used.

Question 4

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 the member has

Answer 4

successfully completed the prescribed training course on the use of force, and that at least once every twelve (12) months.

Question 5

Approved Use of Force Options

Ontario Regulation 3/99 provides that, at minimum, police officers are

Answer 5

• issued a handgun
• issued oleoresin capsicum (OC) aerosol spray
• issued a baton, and
• trained in officer safety, communication and physical control techniques

Question 6

Approved Use of Force Options

Members SHALL not use a weapon other than a firearm unless

Answer 6

• 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

Question 7

Approved Use of Force Options

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

Answer 7

• 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

Question 8

Weapons of Opportunity

Despite the foregoing, nothing in O. Reg. 926/90 or this Procedure prohibits a member from the reasonable use of

Answer 8

weapons of opportunity when none of the approved options are available or appropriate to defend themselves or members of the public.

Question 9

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

Answer 9

• 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

Question 10

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

Answer 10

• the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested
• the offence for which the person is to be arrested is one for which that person may be arrested without warrant
• the person to be arrested takes flight to avoid arrest
• 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
• the flight cannot be prevented by reasonable means in a less violent manner. [Authority: CC, ss. 25(4)]

Question 11

Motor Vehicles

Police officers are prohibited from discharging a firearm at a motor vehicle for the sole purpose of

Answer 11

disabling the vehicle. 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.

Question 12

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

Answer 12

hazard to both the officer and the public. 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.

Question 13

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

Answer 13

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.

Question 14

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

Answer 14

protect themselves or another person from death, or grievous bodily harm. Any officer who is believed, upon REASONABLE GROUNDS, to have used excessive force will be liable to criminal prosecution. (Authority: CC, s.25, s. 26).

Question 15

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:

Answer 15

• Where feasible, intervene and take reasonable steps to prevent the behaviour from continuing.
• 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
• Report the incident forthwith, to their immediate supervisor, or another supervisor.

Question 16

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:

Answer 16

• 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 of if the firearm is a handgun or a long gun
• uses a weapon other than a firearm on another person
• When reporting use of force, members are reminded to only reference the number of subjects upon whom they personally used force – Not subjects upon whom other members may have used force.
• 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.

Question 17

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

Answer 17

• as a “demonstrated force presence”
• in drive stun mode or full deployment, whether intentionally or otherwise.

Question 18

Race and Identity-Based Data Collection

Ontario Regulation 267/18, made under the Anti-Racism Act, 2017, requires the ____ to collect police service member’s perception regarding the race of individuals about whom a Use of Force Report is completed. The Toronto Police Services Board Policy entitled “Race-Based Data Collection, Analysis and Public Reporting” requires the Toronto Police Service (Service) to

Answer 18

Ministry of the Solicitor General

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 record their perceived race of the individual(s) about whom the report is completed in the designated section of the report.

Question 19

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

Answer 19

Team Use of Force Report 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.

Question 20

Exemptions to the Reporting Criteria

A Use of Force Report is not required when

Answer 20

• 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

Question 21

Use of Force Reports – Prohibited Uses

Under no circumstances SHALL the Use of Force Report, or the personal identifiers associated with Part B be

Answer 21

retained beyond the limitations dictated by O. Reg. 926/90, and in accordance with Board Policy.

Question 22

Use of Force Reports – Prohibited Uses

The Use of Force Report SHALL not be admitted in evidence at any

Answer 22

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.

Question 23

Use of Force Reports – Prohibited Uses

The information from the Use of Force Report SHALL not be contained in an officer’s

Answer 23

personnel file. 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.

Question 24

Duplication / Disclosure / Retention

Members SHALL not make or retain a copy of the Use of Force Report for any purpose, except as

Answer 24

required to conduct a proper analysis for training purposes and Service Governance review.

Question 25

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 Municipal Freedom of Information & Protection of Privacy Act and not by a court order, subpoena, or prosecutor’s request for disclosure, such request SHALL be directed to the _____.

Answer 25

Legal Services ‘Coordinator – Records Management Services – Access and Privacy Section’

Question 26

Additional Investigative Requirements – Firearm Discharge When a Service firearm has been discharged, the_____ SHALL be notified forthwith. The Firearm Discharge Investigator (FDI) SHALL be responsible for all _____. The discharging officer’s supervisory officer is required to complete a _____

Answer 26

Senior Duty Officer administrative investigations pertaining to firearm discharges Firearm Discharge Report. A supervisory officer from the involved officer’s unit may be assigned to support and assist the FDI in the investigation.

Question 27

Exemption to the Additional Investigative Requirements A FDI is not required when investigating the discharge of a device designed for the application of

Answer 27

chemical munitions (tear gas guns and muzzle blast devices). 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.

Question 28

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

Answer 28

* 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.

Question 29

Member 1. Members SHALL not use force on another person unless they have successfully completed the prescribed

Answer 29

training course on the use of force (which includes de-escalation techniques and communication)

Question 30

Member 2. Members who may be required to use force on other persons SHALL complete a

Answer 30

training course on the use of force (which includes de-escalation techniques and communication) at least once every twelve (12) months

Question 31

Member * unless otherwise authorized, SHALL

Answer 31

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

Question 32

Member 4. Unless otherwise authorized, members SHALL

Answer 32

* 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.

Question 33

Member 5. When authorized to use OC aerosol spray SHALL

Answer 33

* 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

Question 34

Member 6. Police officers issued with and/or authorized to carry firearms or ammunition SHALL

Answer 34

* not draw a handgun, point a firearm at a person, or discharge a firearm unless o 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) o engaged in a training exercise, target practice or ordinary weapon maintenance (Authority: O. Reg. 926/90, ss. 9.1) o 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)] o 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 o 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 vehicles o a warning shot

Question 35

Member 7. In critical situations SHALL, when tactically appropriate: avoid confrontation by disengaging to a place of safety

Answer 35

* take all reasonable measures to contain the scene * notify the communications operator and request the attendance of o a supervisory officer o Toronto Paramedic Services (Paramedics), if required

Question 36

Member 8. When the use of force results in an injury to a person SHALL

Answer 36

* ensure the person receives proper medical attention, making all reasonable efforts to relieve their discomfort * notify the communications operator and request the attendance of o a supervisory officer o Paramedics, if required

Question 37

Member 9. 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

Answer 37

* 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 of 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

Question 38

Member 10. When a CEW is used as a Demonstrated Force Presence, in Full Deployment, Drive Stun Mode, or when an unintentional discharge occurs SHALL

Answer 38

comply with Procedure 15–09.

Question 39

Member 11. When discharging any firearm other than at an authorized range or under the exemption provisions SHALL immediately notify

Answer 39

* 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.

Question 40

Member 12. After the at–scene portion of the event has concluded SHALL complete a

Answer 40

o Use of Force Report when reportable force has been used o TPS 105 when injury to a subject has occurred resulting from force having been applied by the member o 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. * electronically submit the Use of Force Report to their supervisor prior to the completion of the tour of duty * complete the TPS105 and TPS 584, as applicable and submit to their supervisor prior to the completion of the tour of duty

Question 41

Member 13. When additional use of force training has been recommended by the Unit Commander SHALL

Answer 41

attend as directed.

Question 42

Supervisory Officer 14. When notified of a firearm discharge incident SHALL

Answer 42

* attend the scene immediately * ensure the scene and all evidence are protected and collected * 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

Question 43

Supervisory Officer 15. Upon receipt of a Use of Force Report SHALL

Answer 43

* 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 * 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. * Electronically forward the completed and reviewed Use of Force Report and any accompanying forms to the Officer in Charge prior to the completion of the tour of duty * notify the unit investigating Officer and/or Unit Complaint Co-ordinator (UCC) of the submission of the Use of Force Report * if recommending additional training, submit recommendation(s) in writing to the next level supervisor and the Unit investigating Officer and/or UCC

Question 44

Unit Investigating Supervisor/Unit Complaint Coordinator 16. Upon receiving a Use of Force Report submission SHALL

Answer 44

* commence a review of the circumstances and the appropriateness of the level of force * review all available Body Worn Camera footage of the officers involved in the incident * electronically forward the completed and reviewed Use of Force report to the Training Analyst – TPC * ensure the TPS105, TPS584 and TPS586, as applicable, have been completed and have been forwarded to the Training Analyst – TPC * The Use of Force Report and all applicable forms SHALL be forwarded to the Training Analyst – TPC within seventy-two (72) hours of receipt. * Take appropriate action, if a training issue has been identified, or a misconduct has occurred * Ensure the Unit Commander is made aware of all use of force submissions and of any identified training issues of incidents of potential misconduct

Question 45

Officer in Charge 17. Upon being notified of a firearm discharge SHALL

Answer 45

* ensure a supervisory officer is assigned to support and assist the FDI during the course of the firearm discharge investigation * whether or not the firearm discharge results in injury or death to a person, notify the Unit Commander * 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)

Question 46

Officer in Charge 18. Upon receipt of a Use of Force Report SHALL

Answer 46

* ensure the Use of Force Report is accurate and completed in accordance with this procedure * electronically forward the completed and reviewed Use of Force Report and any accompanying forms to the Unit investigating Supervisor and/or UCC prior to the completion of duty * if recommending additional training, submit recommendation(s) in writing to the Unit Commander and the Unit investigating Officer and/or UCC * submit the completed reports to the Unit Commander prior to the completion of the tour of duty

Question 47

Officer in Charge – Toronto Police Operations Centre 19. Upon being notified of a firearm discharge by an officer from another law enforcement agency SHALL notify

Answer 47

the Duty Senior Officer and on–call FDI forthwith.

Question 48

Definitions 15-01 Authorized Range means a range

Answer 48

* 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).

Question 49

Incident Review Committee (IRC) means a panel consisting of, but not limited to the:

Answer 49

* Unit Commander or designate – Specialized Emergency Response – Emergency Task Force * Unit Commander or designate – Strategy 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

Question 50

The mandate of the (IRC) is:

Answer 50

* 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).

Question 51

Unit Investigating Supervisor (in reference to Use of Force) means

Answer 51

a supervisor assigned to the Unit quality control, or a Unit Complaint Coordinator (UCC).