15-09 Conducted Energy Weapon

Question 1

What is the Rationale?

Answer 1

In February 2004, the Ministry of the Solicitor General (the Ministry) approved the use of Conducted Energy Weapons (CEWs) for tactical units, hostage rescue teams, preliminary perimeter control containment teams and qualified front–line supervisors. Furthermore, in August 2013, the Ministry announced that it would change the guidelines surrounding the use of CEWs, and in November of that year the Ministry issued the revised guidelines titled “Revised Use of Force Guideline and Training Standards to Support Expanded Conducted Energy Weapon Use”. Parts of these changes include allowing police services to determine which officers are permitted to carry CEWs. The CEW is designed as a less–lethal weapon and is a legitimate force option within the Ontario Use of Force Model.
The hand held CEW when applied directly, is specifically designed to gain control of a subject who is assaultive as defined by the Criminal Code (CC). This includes threatening behaviour if the officer believes the subject intends and has the ability to carry out the threat, or where the subject presents an imminent threat of serious bodily harm or death, which includes suicide threats or attempts.
When CEW contact is made with a subject in Full Deployment, it delivers a metered and pulsed electrical current, which is designed to result in involuntary muscle contractions and loss of motor control. This may cause a subject to become incapacitated, permitting officers the opportunity to gain control of the subject.

Question 2

Supervision

Answer 2

 Supervisory Officer attendance mandatory when a CEW has been used in Drive Stun Mode or Full Development
 Supervisory Officer notification mandatory when a CEW has been used in Demonstrated Force Presence, Drive Stun Mode or in Full Deployment
 Communications Operator notification mandatory when a CEW has been used in Demonstrated Force Presence, Drive Stun Mode, or in Full Deployment

Question 3

Procedure - CEWs provide officers with an additional tool to assist them in utilizing the appropriate level of force required when necessary. The purpose of issuing CEWs is not to increase the use of force by officers, but rather to provide officers with an_____________. Officers who are authorized by law to use force are criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

Answer 3

additional option within the use of force continuum in an effort to reduce fatalities and serious injuries whenever possible

Question 4

Procedure - The CEW may not be effective under certain circumstances, including encountering _________. Officers should be prepared to adjust their use of force options accordingly.

Answer 4

heavy clothing, having only one probe in contact with the subject and/or other weapon limitations

Question 5

Procedure - The device, therefore, when applied directly, is used strictly to________, not to secure compliance of a subject who is merely resistant. This Procedure limits the deployment of the device to the more serious of circumstances and in some instances prohibits its use.

Answer 5

gain control of a subject who is at risk of causing harm

Question 6

Procedure - Full Deployment or Drive Stun Mode use should be considered an appropriate force option in relation to the Use of Force Model, beginning at subject behavior considered ______. The use of the CEW on sensitive areas of the body should be avoided. It should not be used on _______ except under exceptional circumstances wherein the use of other force options would reasonably be expected to cause greater potential injury.

Answer 6

“assaultive”

children, pregnant women, elderly or the visibly frail

Question 7

Procedure - Officers must continuously assess impact factors within each unique critical incident. CEW effectiveness and tactical considerations may be effected by several factors including,

Answer 7

environmental (weather), physiological (drug / substance abuse) and psychological (person in crisis) characteristics of the subject(s).

Question 8

Procedure - Any time a CEW is activated, the ________ is recorded in a microchip. This data will be downloaded for analysis and audit purposes. The CEW has a built–in weapon management system to prevent misuse/abuse and protect officers from unfounded allegations through documentation of usage.

Answer 8

date, time and duration of the firing

Question 9

Use of CEW - Police officers may use a CEW as a force option

Answer 9

 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 use of force options are not viable
 for any other lawful and justifiable purpose

Question 10

De-Escalation - Police officers when appropriate, before using a CEW as a force option SHALL consider

Answer 10

 using de-escalation techniques or verbal commands
 be aware of the risk of secondary injury
 use demonstrated force presence / laser paint techniques to gain compliance
 be mindful of CEWs capabilities in relation to the context and environment
 delivering the minimal amount of cycles necessary in order to gain compliance
 avoid extended or multiple cycles where practical
 have reasonable and appropriate alternate force options available when practical
 consider cover and distance tactics
 be aware of “containment pressure” and when appropriate, consider disengagement
 consider subject’s fall zone
 when practical, have at least one additional officer present to control/cuff the subject under power

Question 11

Prohibitions on Use of CEW - Police officers SHALL NOT use a CEW in Drive Stun Mode or Full Deployment on a subject who is

Answer 11

 operating a motor vehicle, bicycle or other conveyance, except as a last measure to protect life
 subdued and under control
 known to have been in contact with flammable liquids, or in a flammable atmosphere (e.g. natural gas leak, drug lab), except as a last measure to protect life, or
 in a precarious position or location where a fall will likely cause serious injury or death, except as a last measure to protect life
 in handcuffs

Question 12

Prohibitions on Use of CEW - Further, police officers SHALL NOT use a CEW for the sole purpose of gathering _______
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.

Answer 12

digital video and audio evidence, or as a form of coercion or punishment.

Question 13

Seizure of Service CEW - Pursuant to Procedure 13-16, Special Investigations Unit; where a CEW is involved and the S.I.U. mandate is or may be invoked, the CEW SHALL remain

Answer 13

holstered and handled in compliance with this procedure, relevant Chapter 15 procedures, and training.

Question 14

Seizure of Service CEW - The CEW SHALL be proven safe at a proving station in the presence of an _____________. The CEW information SHALL not be downloaded, altered, or modified.

Answer 14

SIU investigator and the Chief’s SIU On-Call Designated Authority

Question 15

Seizure of Service CEW - The _______ SHALL not be removed. The CEW or electronic download information (pulse log) may only be turned over to the SIU at the direction of the ___________.
In exigent circumstances, such as in the case of an injured officer, a supervisory officer SHALL seize and secure the CEW.

Answer 15

cartridge and battery

Chief’s SIU On-Call Designated Authority

Question 16

CEW Use Reporting Responsibilities - Any time a CEW is used as Demonstrated Force Presence, Drive Stun Mode, Full Deployment or accidental or negligent discharges, a__________ SHALL be completed and submitted prior to the completion of the tour of duty, unless engaged in approved training.

Answer 16

Use of Force Report and a TPS 584

Question 17

CEW Use Reporting Responsibilities - Professional Standards Unit SHALL be notified, and commence an immediate investigation of any incident involving the use of the CEW on ________.

Answer 17

handcuffed persons

Question 18

Police Officer (Shared Asset) - When a CEW is utilized as a shared asset, the following SHALL apply

Answer 18

 a Supervisor SHALL obtain from the secure CEW storage cabinet the number of CEW’s that are required for issue to qualified CEW operators
 a Supervisor SHALL personally issue the CEW to the officer and record the serial number of the issued CEW
 the serial numbers of the CEW’s SHALL be entered on the unit parade sheets
 the officer receiving the CEW SHALL record the serial number in his/her memorandum book
 the officer utilizes the Asset Inventory and Management System (AIMS) to record the issuance of the CEW
 upon returning the CEW to a supervisory officer, the officer ensures that the CEW is unloaded and utilizes AIMS to record the return of the CEW

Question 19

Police Officer (Shared Asset) - When issued with an X2 CEW SHALL

Answer 19

 carry it in the approved holster on the support side, in a cross–draw fashion
 conduct a Function Test at the beginning of each tour of duty while pointing the CEW into a firearm proving unit and record the spark test in the memorandum book
 ensure the Tactical Power Performance Magazine (TPPM) is charged to a minimum of twenty (20) percent (one bar) capacity
 comply with other standards as detailed in Procedure 15–16
 submit a TPS 594 to the Unit Commander through the Officer in Charge
 when personally issued a CEW and when there is a subsequent change in the choice of storage election, notify the Unit Commander of that change

Question 20

Police Officer (Personal Issue - Taser 7 Model) - When issued with a Taser 7 Model CEW SHALL

Answer 20

 carry it in the approved holster on the support side, in a cross–draw fashion with attached cartridge holster
 duo pack close quarter cartridges (CQ) will be loaded as the primary load in the CEW for daily duties.
 duo pack standoff cartridges (SO) will be secured in the cartridge holster, until the user deems it necessary for a specific incident to change cartridges.
 upon the conclusion of the specific incident officers will reload the duo pack close quarter (CQ) cartridges and secure the stand off (SO) cartridges in the storage pouch
 conduct a function test at the beginning of each tour of duty while pointing the CEW into a firearm proving unit and record the function test in the memorandum book

xviii. CAUTION – If the trigger is depressed on a loaded Taser 7 Model CEW, the weapon will immediately exit Function Test Mode and deploy a cartridge

 ensure the extended battery pack (EBP) is charged to a minimum of 20% capacity
 comply with other standards as detailed in Procedure 15–16
 submit a TPS 594 to the Unit Commander through the Officer in Charge
 when personally issued a CEW and when there is a subsequent change in the choice of storage election, notify the Unit Commander of that change

Question 21

Police Officer (Personal Issue - Taser 7 Model) - When personally issued with a CEW SHALL store the CEW with

Answer 21

the safety switch on ‘safe’, with the cartridges removed, in the assigned firearm storage locker along with all of the cartridges.

Question 22

Police Officer (Personal Issue - Taser 7 Model) - When personally issued a CEW and electing to regularly store their CEW at their principal residence while off duty, rather than at their assigned unit SHALL

Answer 22

 be subject to the provisions of the Storage, Display, Transportation and Handling of Firearms by Individuals
Regulations (SOR/98-209) made under the Firearms Act (SDTH Regulations)
 transport the CEW directly to their principal residence
 immediately upon arrival at their principal residence ensure the CEW is stored with the safety switch on ‘safe’,
and the cartridges removed
 ensure that the CEW is unloaded while stored and SHALL be stored using either 1 of the 2 following options
 CEW and issued cartridges will be stored in a securely locked container, receptacle or room that is secure. If this method is used, the CEW must be rendered inoperable using a secure locking device (i.e. a trigger lock)
 CEW and issued cartridges will be stored in a securely locked vault, safe or room that has been specifically constructed or modified for a restricted or prohibited firearm. If this method is used, the CEW does not need to be rendered inoperable

xix. The Service will not provide a CEW storage container for officers who elect to store a CEW at other than a Service facility.

Question 23

Police Officer (Personal Issue - Taser 7 Model) - Whenever a CEW is cycled, excluding Function Testing, SHALL

Answer 23

 ensure, if possible, that one or more additional officers are present during the CEW activation cycle
 record the particulars in the memorandum book

Question 24

Police Officer (Personal Issue - Taser 7 Model) - When the CEW is used as a Demonstrated Force Presence SHALL

Answer 24

 notify a next level supervisor at the first available opportunity
 notify the communications dispatcher that there was a CEW “Display Only”, and confirm that Toronto Paramedic Services (Paramedics) is not required
 complete and submit a Use of Force Report and a TPS 584 to the Officer in Charge prior to the completion of the tour of duty
 place the extended battery pack (EBP) in the docking station for automatic download data transfer – Taser 7
Model

Question 25

Police Officer (Personal Issue - Taser 7 Model) - When the CEW is used in Drive Stun Mode or Full Deployment SHALL

Answer 25

 announce to other officers on scene that a CEW is present – “Taser on Scene” , when practicable  verbally caution the subject before use, when practicable  when appropriate, an announcement of “Taser, Taser, Taser” should be made that a CEW is going to be deployed  immediately secure the subject, “handcuff under power” if safe to do so  advise the subject that they have been subjected to a CEW and that the effects are short term  notify the communications dispatcher that a CEW was used in Drive Stun Mode or Full Deployment  where possible avoid Drive Stun or Full Deployment near sensitive areas identified as, but not limited to the  head, eyes, neck , trachea, groin, genitals or any visible pre-existing injuries  request the attendance of Paramedics and monitor the subject until their arrival  unless circumstances make it impossible, restrain the subject in a sitting position to promote easier and more efficient breathing, monitoring them closely  allow only Paramedics personnel or medical staff to remove the probes, when the skin has been punctured  Service personnel are authorized to remove the probes that are only attached to clothing.  notify a next level supervisor at the first available opportunity  complete and submit a Use of Force Report and a TPS 584 to the Officer in Charge prior to the completion of the tour of duty  place the extended battery pack (EBP) in the docking station for automatic download data transfer – Taser 7 Model  complete and submit a TPS 105 when injuries result  attach a copy of the TPS 105 to the TPS 584  Injuries include, but are not limited to, probe marks when the CEW is used in Full Deployment or burn marks when used in Drive Stun Mode.  comply with Procedure 15–01 and 15–02, if applicable

Question 26

Police Officer (Personal Issue - Taser 7 Model) - When attending or involved in an incident where the mandate of the SIU has been, or may be invoked SHALL

Answer 26

* follow the directions of the Chief’s SIU On-Call Designated Authority; * ensure your CEW is secured; and * comply with Procedure 13–16.

Question 27

Police Officer (Personal Issue - Taser 7 Model) - When an accidental or negligent discharge of a CEW has occurred SHALL

Answer 27

 notify a next level supervisor at the first available opportunity  notify a communications dispatcher  complete and submit a Use of Force Report and a TPS 584 to the Officer in Charge prior to the completion of the tour of duty  ensure the extended battery pack (EBP) is placed in the docking station for automatic download – Taser 7 Model  complete and submit a TPS 105 when injuries result  attach a copy of the TPS 105 to the TPS 584

Question 28

Police Officer (Personal Issue - Taser 7 Model) - When a CEW Full Deployment has occurred, or in the event of an accidental or negligent discharge, SHALL

Answer 28

 separate the cartridge from the probes by breaking the attached wires and carefully place fired probes into a sharps container found in the Bio–Hazard Kit which is standard issue in all scout cars  Probes that have penetrated a body should be considered a bio–hazard and safety precautions should be used.  comply with disposal instructions contained in Procedure 08–06  package the expended cartridge in a plastic property bag  document the particulars on a TPS 649 including the deployed cartridge serial number and submit along with the expended cartridge package to the Officer in Charge to obtain a replacement cartridge

Question 29

Communications Dispatcher - Upon being advised that a CEW was used as Demonstrated Force Presence only, or that there was an accidental/negligent discharge, SHALL

Answer 29

 confirm that it was a Display Only or accidental/negligent discharge  notify a field supervisor  record in the text of the call  notify a Communications supervisor

Question 30

Communications Dispatcher - Upon being advised that a CEW was deployed resulting in injury (Full Deployment, Drive Stun Mode or accidental/negligent discharge) SHALL

Answer 30

 notify Paramedics to attend, updating as required  notify a field supervisor to attend (nearest available if necessary)  notify the Communications Supervisor  record in the text of the call

Question 31

Supervisory Officer - When notified of a CEW being used in Drive Stun Mode or Full Deployment SHALL

Answer 31

 attend the scene immediately  ensure immediate medical attention, if required  comply and ensure compliance with the applicable sections of Procedure 15–01 and 15–02, as applicable  notify the  Officer in charge - The Communications Operational Supervisor with the  event number,  type of deployment,  subject officer’s badge number and  description of subject and officer injuries (if applicable)  Officer in Charge – TPOC  If the CEW use occurs in other than the police officer’s home unit SHALL ensure the Officer in Charge of the division where the CEW use occurred is notified of the use  ensure the Use of Force Report, the TPS 584 and, if applicable, the TPS 105 are properly completed and submitted to the Officer in Charge  comply and ensure compliance with the applicable sections of Procedure 13–16, as applicable  ensure the extended battery pack (EBP) is placed in the docking station for automatic download data transfer– Taser 7 Model  complete the officer’s portion of the Use of Force Report when an officer is incapable of doing so

Question 32

Officer in Charge - Upon being notified of CEW use SHALL

Answer 32

 ensure a description of the event is detailed in the UCMR  ensure compliance with Procedure 15–01 and 15–02, as applicable  ensure all reports including the Use of Force Report, the TPS 584 and, if applicable, the TPS 105 are properly completed  if the discharge is accidental or negligent, submit a TPS 901 to the Unit Commander prior to the completion of the tour of duty

Question 33

Officer in Charge - Whenever a CEW is used in Drive Stun Mode or Full Deployment, including accidental and negligent discharges, SHALL as soon as practicable but prior to the completion of the tour of duty

Answer 33

 ensure arrangements have been made for the transport of the CEW to the Toronto Police College for download – Taser X2 Model  ensure the extended battery pack (EBP) is placed in the docking station for automatic download data transfer – Taser 7 Model  comply and ensure compliance with the applicable sections of Procedure 13–16, as applicable  attach a hard copy of the Use of Force Report, TPS 584 and, if applicable, the TPS 105  submit all relevant reports to the Unit Commander

Question 34

Officer in Charge - When in receipt of the expended cartridge package and accompanying TPS 649 SHALL ensure

Answer 34

 the expended cartridge package and the TPS 649 are delivered to the Unit Commander for replacement approval  where replacement has been approved, the TPS 649 and the cartridge package are transported to Toronto Police College – Armament Office

Question 35

Officer in Charge - Upon notification of CEW use within the division by any police officer SHALL ensure a

Answer 35

description of the event is detailed in the UCMR.

Question 36

Officer in Charge - When in receipt of a TPS 594 SHALL

Answer 36

review and forward to the Unit Commander.

Question 37

Definitions - Accidental Discharge of a CEW

Answer 37

means an unintentional discharge of a Service CEW by a police officer that is not the result of undue care and attention to the prescribed safe handling procedures.

Question 38

Definitions - Cartridge – Close Quarter (CQ)

Answer 38

means an issued component of the Taser 7 capable of discharging probes at a 12 degree angle.

Question 39

Definitions - Cartridge – Stand Off (SO)

Answer 39

means an issued component of the Taser 7 capable of discharging probes at a 3.5 degree angle.

Question 40

Definitions - Conducted Energy Weapon Use

Answer 40

means Demonstrated Force Presence, Drive Stun Mode, Full Deployment, or an unintentional discharge.

Question 41

Definitions - Demonstrated Force Presence (DFP)

Answer 41

means that the conducted energy weapon is un-holstered and displayed in the presence of a subject with the intention to achieve behaviour compliance.

Question 42

Definitions - Drive Stun Mode (DSM)

Answer 42

means when the conducted energy weapon is placed in direct contact with the subject and the current is applied without the probes being propelled.

Question 43

Definitions - Full Deployment (FD)

Answer 43

means the conducted energy weapon is used wherein the probes are fired at a subject and the electrical pulse applied. In this mode, the device is designed to override the subject’s nervous system and affect both the sensory and motor functions causing incapacitation.

Question 44

Definitions - Negligent Discharge of a CEW

Answer 44

means an intentional or unintentional discharge of a Service CEW by a police officer that is the result of undue care and attention to the prescribed safe handling procedures.

Question 45

Definitions - Qualified in the Use of a CEW

Answer 45

means a police officer qualified by the Toronto Police College - Armament Section to use a CEW and who has attended and passed CEW training before the twelve (12) month expiry of the date of certification of the previous year.

Question 46

Definitions - Sensitive Areas

Answer 46

means an area of the human body that may be susceptible to heightened injury from exposure to a CEW – including but not limited to,  head  eyes  neck  trachea  groin  genitals  any visible pre-existing injuries

Question 47

Definitions - Subject (Conducted Energy Weapon)

Answer 47

in reference to conducted energy weapon use includes either a person or an animal.