Firearms Investigation - LE019 Flashcards
Definition
Canadian Integrated Ballistics Identification Network (CIBIN)
CIBIN
means a national network of Integrated Ballistics Identification System (IBIS), used to collect, analyse and correlate fired bullets and cartridge casings in a central database to generate investigative leads for police.
Definition of Crime Gun
Crime Gun means any gun that there are reasonable grounds to believe has been involved in any criminal offence including unlawful possession of a firearm. Guns that have been previously reported stolen and have been recovered or any guns that have removed serial numbers are to be considered as Crime Guns.
RPG that its involved in a crime
What is the definition of Firearm?
Firearm means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm;
The case R v Dunn, 2013 ONCA 539 involved the interpretation of this definition, where the court had to determine whether an airgun fell under this definition of a firearm
What is a Firearms Disposition Hearing?
Firearms Disposition Hearing means a hearing regarding property Seized in the interest of public safety under section 117.04 of the Criminal Code. The hearing has a dual purpose:
(i) to determine the disposition of Seized property i.e. Firearms, Possession and Acquisition Licence(s) and Registration Certificates; and
(ii) to determine whether an individual is to be prohibited or not prohibited from having firearms in the interest of public safety.
What is FATE?
Firearms Tracing and Enforcement Program (FATE) is a database used to analyze information on Crime Guns not originating in Canada. The FATE program provides support to Ontario police services and international partners, assisting them with the identification of groups and trends in the trafficking and/or smuggling of Crime Guns, as well as identifying links in cases between jurisdictions.
When do you need to do a CFRO check?
(c) every person, including addresses, charged or involved in the following incidents:
(i) drug offences;
(ii) firearm offences;
(iii) all intimate partner violence and family violence incidents;
(iv) sexual assault or child abuse incidents;
(v) persons in crisis/vulnerable persons;
(vi) the use or threatened use of violence; or
(vii) criminal harassment.
When do you need to do a CFRO check?
(c) every person, including addresses, charged or involved in the following incidents:
(i) drug offences;
(ii) firearm offences;
(iii) all intimate partner violence and family violence incidents;
(iv) sexual assault or child abuse incidents;
(v) persons in crisis/vulnerable persons;
(vi) the use or threatened use of violence; or
(vii) criminal harassment.
What are the MRE pages uniform is expected to have for a Gun Investigation?
(i) a General Occurrence Report (GO);
(ii) a Supervisor Notification Text Page (SN);
(iii) a Firearms Investigation Checklist (FC text page);
(iv) a Seized Property Text Page (SZ); and
(v) the GN – Guns Non-Suspicious study flag;
What is the role of CIB during an investigation of a Crime Gun or Suspicious Gun?
(a) upon receiving a report of a seized firearm, review the report and ensure all required text pages and study flags have been completed. (GO, SN ,FC, SZ, GS or GC); and
(b) ensure that all seized Crime Guns and Suspicious Guns are examined and/or analyzed by a Firearms Analyst;
(i) when a Crime Gun or a Suspicious Gun has been submitted and logged within the District Property Room, the Criminal Investigator shall ensure the gun is delivered to the Headquarters Property Room within three days of being seized; and
(ii) a completed YRP015 must accompany the Gun. If the serial number on a Crime Gun or Suspicious Gun has been removed, the Criminal Investigator will request that the serial number be recovered by the Firearms Analyst through their specialized training.
(c) determine if further investigative steps are required to further the investigation. This may include:
(i) interviews of the accused and any witnesses;
(ii) determine if the accused(s) owns or possess any other guns through a CFRO query and refer to section N and O for further guidance if they have other guns;
(iii) judicial authorizations for accused residences, vehicles and cellular devices;
(iv) forensic examination of other items such as the receptacle where the gun was seized;
(v) video canvassing and analysis;
(vi) submission of cartridges, casings and/or firearms to CFS (refer to Appendices H, I & J for further information); and
(vii) requesting appropriate documents for the court process;
(d) ensure a Report to Justice pursuant to Section 489.1(1) of the Criminal Code was completed for all seized property;
(e) if charges were laid, ensure the appropriate charges were laid and submit a replacement information if required;
(f) if charges were laid, complete a YRP306 Firearms Investigation Checklist and include in Crown Folder;
(g) complete a Trace Request form (FATE) available in the Government Forms section of the YRPNet for each gun seized;
(h) by the end of shift, email the form to FirearmsTracing@ontarioCIS.ca by clicking the ‘Email Form’ button located on the bottom right corner of the Trace Request form (FATE). Officers can contact PWEU@yrp.ca for any assistance in completing the form;
(i) in the ‘Remarks’ field, include the circumstances under which the firearm(s) was seized such as search warrant, traffic stop, arrest etc.;
(ii) under the ‘Crime Category’ field, pick the most appropriate one, and if not certain, use “Investigation 0099”;
(iii) if the gun is stolen, provide the originating agency and occurrence number;
(i) upon receipt of a FATE report, attach a copy of the results to the GO;
(i) refer to Appendix F which describes the process of email notifications for Crime Guns;
(j) request an Affidavit for Licences and Firearms as found in government forms PATH;
(k) consult with the YRP PWEU Officer to:
(i) coordinate an investigation to determine how the individual came into possession of the gun; and
(l) if applicable, prepare a zone alert on CPIC;
(m) consider preparing a police circular in accordance with Procedure LE-307 Police Circulars;
(n) upon receiving the Certificate of Analyst, ensure the correct charges were laid based on the Firearms Analyst’s findings and then complete, serve and swear to YRP139 Notice of Intention Expert Testimony form to the accused;
(o) if applicable, ensure all copies of investigative reports and related documentation are forwarded to a YRP PWEU Officer;
(p) for exhibits requiring examination by the CFS, including IBIS or Rapid IBIS collections from the Firearms Analyst, complete the CFS submission forms and ensure the exhibits are forwarded to CFS for examination (refer to Appendices H & I for further information);
(q) in cases where an expert from the CFS is required to testify, contact the Firearms section of the CFS at least eight weeks prior to the trial date;
(r) in cases where the case has been resolved or can be resolved without the testimony of the CFS Firearms Report, notify the Firearms Section at the CFS as soon as possible;
(s) notify the Firearms Unit prior to releasing any firearms, ammunition and/or licences, to ensure that the owner of the firearm(s) licence is not currently under review; and
(t) retain seized firearms held as exhibits until the conclusion of the trial and exhibit period.
The Criminal Investigator at the conclusion of all court proceedings involving a Crime Gun or Suspicious Gun, shall:
(a) request that the Crown seek forfeiture of the firearm(s) where this is the desired outcome;
(b) verify the outcome of the court proceedings i.e. prohibition or forfeiture order made;
(c) notify the Firearms Licensing Unit prior to releasing any firearms, ammunition and/or licences, to ensure that the owner of the firearm(s) licence is not subject to an ongoing administrative public safety investigation; and
(d) complete the Seized Firearm Disposition template located in the Seized Property Text Page (SZ).
Report and Return to justice
- Officers shall submit a Report to Justice pursuant to Section 489.1(1) of the Criminal Code, for all offence based/evidentiary seizures (including firearms, drugs or anything seized), including those made pursuant to common law authority.
(a) This includes seizures resulting from a search incident to arrest, investigative detention or search warrant execution where the article(s) seized are held or retained as potential evidence.
(b) Articles retained for safety or security reasons which are returned to the accused upon release do not have to be reported.
- Officers shall submit a Return to Justice pursuant to Section 117.04 (3) forthwith for all guns seized under:
(a) Section 117.04 of the Criminal Code – Preventative/Public Safety; and
(b) Section 117.03 of the Criminal Code - Seizure on Failure to Produce Documentation.
- Refer to Appendix A for further details regarding when to submit a Return to Justice.
