Definitions - Arrest Flashcards
means a portable, handheld security device capable of detecting metal objects authorized for
use by the Service.
Handheld Metal Detector
means a device used to replace, compensate for, or improve the functional abilities of people
with disabilities or for trans or gender diverse persons to affirm gender identity. Assistive device includes a broad range of
items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, environmental
controls and respiratory devices. Prosthetics used to express gender identity include: breast forms, chest binders, gaffs,
packers, prosthetic penises and wigs.
Assistive / Prosthetic Device
means a document created to record the pertinent details of all Frisk & Strip searches and
the authorization of a Body Cavity search. The template allows the Service to electronically capture the data required to
properly report on all Frisk & Strip searches of persons (including self–identified transgender/transsexual persons)
conducted by members. For prisoners that are booked into a police facility.
Booking and Search Template
means a document created to record the pertinent details of all Body Cavity searches. The
template allows the Service to electronically capture the data required to properly report on all Body Cavity searches of
persons (including self-identified transgender/transsexual persons) conducted by members.
Body Cavity Search Template
any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect
or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury,
any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or
hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device;
b. a condition of mental impairment or a developmental disability;
12
c. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols
or spoken language;
d. a mental disorder, or;
e. an injury or disability for which benefits were claimed or received under the insurance plan established under the
Workplace Safety and Insurance Act; (“handicap”). (Source: Ontario Human Rights Code, Accessibility for
Ontarians with Disabilities Act)
Disability
the set of socially classified behaviours, attitudes and norms associated with and roles of men, women, trans
people, non-binary people and more. Encompasses gender identity, a person’s internal sense of being a man, woman,
both or neither.
Gender:
is how a person publicly presents their gender. This can include behaviour and outward appearance
such as dress, hair, make-up, body language and voice. A person’s chosen name and pronoun are also common and
important ways of expressing gender.
Gender Expression
is each person’s internal and individual experience of gender. It is their sense of being a woman, a man,
both, neither, or anywhere along or beyond the gender spectrum. A person’s gender identity may be the same as or different
from the typical pairing with their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual
orientation.
Gender identity
means any item, article, apparel, or clothing a person identifies as having religious
importance.
Item of Religious Significance
gender identities outside of the expected binary of men and women.
Non-binary
for the purposes of prisoner transportation, care and control, includes a
police officer,
court officer, and
custodial officer.
Member – Prisoner Care & Control for
This is used generally during Investigative Detention and involves a limited search
of a person who has been detained by police when there is reasonable belief the person poses a safety risk. The scope of
the search is limited to exterior patting of clothing such as pockets, waistband or areas that may reasonably conceal such
items as weapons or implements that may be used as weapons, usually with open hands to maximize the ability to detect
weapons through clothing. This search may also be described as a “safety search”, as that is the purpose and objective.
Protective Search (Formerly Level 1) –
This is used generally for Search Incident to Arrest and means a more-thorough search
that may include emptying and searching pockets as well as removal of clothing, which does not expose a person’s
undergarments, or the areas of the body normally covered by undergarments. The removal of clothing such as belts,
footwear, socks, shoes, sweaters, extra layers of clothing, or the shirt of a male would all be included in a Frisk search. A
Frisk search may be commenced in the field and concluded at the station.
A Frisk search conducted incident to arrest includes the area within the immediate control of the arrested person.
Members shall make every effort to video and audio record all Frisk searches. Members are also required to articulate the
justification for the manner and circumstances under which these searches are conducted. For the purposes of this
definition, “Pat Down Search” means the same as, “Frisk Search”.
Frisk Search (Formerly Level 2) –
R. vs. Golden 2001 SCC 83 established that which constitutes a strip search and what
types of circumstances may justify one. A Strip search includes all steps in Protective and Frisk searches as well as a
thorough search of a person’s clothing and non-physical search of the body. That will often require removal or
rearrangement of some, or all, of the person’s clothing to permit a visual inspection of a person’s private areas: namely the
genitals, buttocks, breasts or chest, body cavity, and/or undergarments; the mouth was excluded from this definition despite
being a bodily cavity.
The Supreme Court noted that Strip searches “represent a significant invasion of privacy and are often humiliating,
degrading and traumatic” and therefore require “a higher degree of justification in order to support the higher degree of
interference with individual freedom and dignity.”
When considering whether a Strip search is justified, the Supreme Court stated, “In addition to reasonable and probable
grounds justifying the arrest, the police must establish reasonable and probable grounds justifying the strip search,” and
“the police must establish they have reasonable and probable grounds for concluding that a strip search is necessary in the
particular circumstances of the arrest.”
Strip Search (Formerly Level 3) –
