LE-37 Death Investigation, Homicides and Attempted Homicides

Question 1

In what situations should the Homicide Unit be notified?

Answer 1

Suspicious death or when injuries to a victim are as a result of an assault and death is imminent

Question 2

What is a Qualified Death Investigator?

Answer 2

means a full-time member of the Criminal Investigations Bureau, who has the knowledge, skills and abiltes to conduct a thorough death investigation. A Death investigator shall have the following training:
1. General Investigation Techniques Course or equivalent
2. York Regional Police death investigation training
3. An interviewing course offered by OPC, CPC, or an equivalent deemed acceptable by the training and education bureau
4. Major Case management training or be supervised by someone with Major Case Management training.

Question 3

Declaration of death

Answer 3

means when death is declared by a competent person such as a Coroner, Physician, or in some cases, EMS personnel who are capable of making a field pronouncement in consultation with an off site physician, and nurses who are permitted to pronounce death in cases where a DNR order exist.

Question 4

Do Not Resuscitate Orders (DNR)

Answer 4

means a physician’s written and signed Order instructing health care providers, which includes Emergency Services Personnel, not to attempt cardiopulmonary resuscitation (CPR) in case of cardiac or respiratory arrest. The DNR order is written at the request of the individual or their Power of Attorney for Personal Care (if they lack capacity). A DNR order can be rescinded. A DNR Order is issued by the Ministry of Health on the required form Do Not Resuscitate 4519-45(08/01). The form will include a unique serial number on the top right-hand corner.

Question 5

Scene Factors

Answer 5

means evidence or circumstances that may be present at a death scene that should be considered and documented and include:
(i) presence of blood at the scene;

(ii) the presence of blood which cannot be easily explained;

(iii) projected blood spatter on walls, ceilings and furniture etc.;

(iv) evidence of violence and/or injury on the deceased or reporting party, including any evidence of trauma or abrasions to hands or arms;

(v) age of the deceased;

(vi) previous health of deceased;

(vii) suspected suicide;

(viii) drowning including any person found in a bath tub;

(ix) accidental death;

(x) reporting person is spouse, partner or intimate significant other of deceased;

(xi) the scene appears in conflict with how the body was located not including the moving of the body to perform life saving measures by EMS, Police and Fire;

(xii) the scene has been cleaned;

(xiii) the scene is not consistent with what witnesses are reporting;

(xiv) intuition of investigators at the scene;

(xv) any unusual death by any means; and

(xvi) potential for inquest or civil litigation.

Question 6

With a person who dies with a DNR in place - Who provides the death certificate?

Answer 6

the family physician is to be contacted to issue the death certificate. When the family physician is not available the Coroner or Coroner’s Investigator may facilitate the certification of death and issue the certificate.

Question 7

Coroners Act

Answer 7

Coroners have the authority to enter and inspect any place where a dead body is located and any place the Coroner has reasonable grounds to believe the body was removed from. It is essential that members understand this aspect of a Coroner’s investigation, and that the scene(s) be preserved until the Coroner has had the opportunity to decide whether he/she needs to attend.

Death scenes shall not be released without the authorization of the Coroner, Death Investigator or Homicide Unit, as applicable

In cases when the body has been transported to a medical facility prior to the Coroner attending the scene of the death, a member shall be designated to attend and remain with the body until directed otherwise. Members shall also be directed to maintain the integrity of the death scene, unless directed otherwise by the Coroner, Death Investigator or Homicide Unit, as applicable

When a Death Investigation does not meet the criteria for a Forensic Identification Officer to attend, the Death Investigator shall record the scene by taking photographs of the deceased and immediate area with a York Regional Police camera. This must be done with permission of the Coroner, as only the Coroner has the authority to grant access to the scene.

When dealing with a non-suspicious death, police act under the authority of the Coroner to conduct their investigations under the Coroners Act. Police powers under criminal investigations are separate and distinct, and police may not use powers under the Coroners Act for a criminal law purpose.

Question 8

What are the five classifications of death?

Answer 8

1. Natural
2. Accident
3. Suicide
4. Homicide
5. Undertermined

Question 9

Natural Death

Answer 9

a death is natural if it is due to a natural disease or known complication thereof; or known complication of treatment for the disease.

Question 10

Accidental Death

Answer 10

a death is accidental if it is due to an occurrence, incident or event that happens without foresight or expectation. An accidental death is caused by an external factor, where death or harm was not foreseen or expected.

Question 11

Suicide

Answer 11

a death is considered a suicide when a person kills oneself intentionally. It means that the act was initiated by the deceased and it was non-accidental.

Question 12

Homicide

Answer 12

the Coroner will define a death as a homicide if it resulted from the action of a human being killed by another human being. The action must be non-accidental and originate from a person other than the deceased. This may include situations where the laying of criminal charges may not seem warranted, such as an altercation in a long-term care facility. Coroners do not use the Criminal Code definition of homicide.

Question 13

Undetermined

Answer 13

a death is classified as undetermined if a full investigation has shown no evidence for any specific classification; or there is equal evidence or a significant contest between two or more classifications. It also applies if there is insufficient evidence to make a determination, such as in the case of found skeletal remains with no apparent injuries.

Question 14

What actions should units first on scene do?

Answer 14

1. Consider using ICC
2. Ensure Officer and public safety are of primary concern
3. Provide assistance to preserve life of any victims
4. Consider the scene as a possible homicide until determined otherwise by a supervisor, or death investigator / primary investigator
5. Consider if there is an immediate need to enter the premise, taking into consideration the suspect may be
   -at the scene, armed with a firearm or other weapons, suicidal or homicidal and in the company of another person
6. Immediately secure the scene
7. Preserve Short0lived evidence (blood, items that can blow away)
8. establish an inner perimeter around the body and and an outer perimeter to control the inner scene
9. Request the attendance of a supervisor or investigative personnel
10. Exercise extreme caution in the presence of blood or bodily fluids in order to preserve evidence and to protect against exposure to infectious diseases
11. preserve the integrity of evidence by isolating witnesses to ensure they do not discuss their observations with each other
12. record details of the scene and the identifications of all persons present
13. observe and identify all persons or vehicles leaving the scene, include potential witnesses and obtain their particulars including name, address, phone number, DOB
14. record and note conversations, including any spontaneous utterances of persons who appear to be related to the death investigation
15. ensure that any pertinent information gathered from a witness statement is relayed to the Death Investigator / Primary Investigator
16. ensure all activity is documented on a YRP179 Crime Scene Continuity Record. If the form is not readily available document in their notes the names of all attending personnel, including the time they enter and leave the inner perimeter;
17. ensure that person(s) are not permitted to return to the scene for any reason
18. note and immediately advise the supervisor of any discards by any personnel or public at or near the crime scene
19. note the condition of persons in the area particularly:
    -Clothing (ripped, blood stained)
    -Marks of violence (cuts on hands)
    -observe the manner of speaking, movements and general behaviour of person at or near the scene
    - make note of all conversations with persons at or near the scene
20. Be mindful of the scene factors, as listed in the definition section of this procedures
21. Never presume death, except in cases of
    -decapitation
    -transaction
    -massive head wound
    -decomposition
    -gross rigor mortis
    -gross outpouring of cranial or visceral contents
    -grossly charred body
22. In the case of a death, ensure that the body is not touched by anyone other than the corner/ FP-Corner unless the Coroner has delegated police to do so, in accordance of section 16 of the coroners act
23. Attempt to minimize the number of emergency staff entering the scene to avoid contamination and destruction of evidence

Question 15

What notes should be made

Answer 15

1. Diagram of the scene
2. Position of the body, weapon, medication, ligatures, or other instruments
3. Physical characteristics of the scene including conditions of doors, windows, lighting, mail and newspaper
4. The presence of blood, vomit or other bodily fluids
5. Items of evidence
6. Room furnishings
7. Lighting e.g what lights were turned on
8. Weather conditions
9. Temperature of air if possible
10. Physical characteristics of the scene including any odour present

Question 16

What are the duties of a Patrol Supervisor (Sgt)?

Answer 16

1. Attend and take charge of the scene
2. Designate an officer to attend the appropriate medical facility when a person has been transported from the scene to
   - establish and maintain continuity of the investigation, including any property, until directed otherwise by the Death Investigator / Primary Investigator
   - gather information from EMS workers and medical staff regarding any injuries that may assist in determining the manner of death
3. If necessary take possession of personal property of the victim
4. Ensure GO and Supp are done along with officers notes

If a death appears to be from natural causes
1. Complete part 1 of the YRP326A at residence Natural Death screening form
2. If a CIB Qualified death investigator is not available to attend, a Patrol Supervisor who possesses the required knowledge, skills and abilities shall also complete Part 2
3. Scan and attach the completed YRP362A and all relevant forms and notify district detective sergeant
4. At the request of the Coroner’s investigator, take photographs to assist with their determination. If necessary for the purpose of obtaining the photographs, move or manipulate the body.
5. Update communications as soon as possible and throughout the investigations
6. Ensure that the death investigator / primary investigator is fully briefed
7. In the case of a homicide, the homicide unit will notify next of kin and in all other deaths ensure notification of the next of kin had been completed and ensure assistance has been provided to any survivors at the scene, in accordance with procedures VA-001 victims assistance
8.

Question 17

What are the duties of CIB in a death investigation?
If it’s a homicide

Answer 17

1. Manage the investigation, when applicable and if notified that a death is a homicide attend the scene and assume responsibility of the investigation until relieved by a member of the homicide unit
2. Issue and disseminate appropriate CPIC Alerts, when required

Question 18

What are the duties of a CIB Qualified death investigator assigned to conduct a death investigation?

Answer 18

1. Attend the scene as soon as practicable and assume all investigative responsibilities
2. Complete the YRP326A at residence Natural Death Screening form or obtain the completed form from the patrol supervisor
3. Call the coroner by contacting the office of the chief coroner at 1-855-299-4100 or 416-314-4100 and provide the required details. This is to include detailed scene observations to assist the Coroner in making a determination
4. Ensure form YRP326 Death Investigation Completed File checklist is completed and consult with the Coroner to determine further investigative avenues
5. Ensure that a comprehensive background inquiry is conducted when circumstances dictate, on all persons involved directly or indirectly in the events leading to the incident
6. At the request of the coroner’s of investigator, take photographs to assist with their determination. If necessary for the purpose of obtaining the photographs, move or manipulate the body
7. If the corner does not request, photographs, make note on the general current report
8. Ensure that the deceased is identified, where practicable, by a relative close friend or person who knows them; and in the event of an estranged parent, consideration should be given to notifying both parents
9. Document the name, address and phone number of the person making the identification
10. Refer to procedure VA-001 Victims assistance to ensure victims receive support
11. When the deceased cannot promptly be visually identified by a reliable person
    -request that a Forensic Identification officer attend to the appropriate location to fingerprint and photograph the deceased
    -inquire if dental records exist for the deceased
    -under the direction of the Coroner’s Authority, obtain a Coroner’s warrant to seize the original dental records and/or X-rays from the deceased’s dentist
    -in cases when there may be considerable delay confirming identification, request that the coroner have a dentist complete a CPIC Dental Chart input form (available from information management)
    -ensure that a copy of the CPIC dental chart input form, along with a supplementary report, is forwarded to information management for inclusion in the CPIC dental characteristics file
    - consult with the attending coroner and discuss the findings once the examination of the deceased has been completed, to determine the need for a post mortem

Question 19

In cases when the coroner has issued a warrant for a post mortem examination, consult with the coroner to determine

Answer 19

1. If the scene is to be held until completion of the post, Mortem examination, and if so, treat it as a potential homicide scene until determined otherwise.
2. The need for the assistance of a forensic, identification officer at the post Mortem examination.
3. The need for the death investigator to attend a post, Mortem, examination, or if an alternate investigator needs to be designated to attend.
4. Whether police attendance at the post, Mortem examination is required. For a death from apparent natural causes, consideration should be given as to whether there is a need to attend.
5. Ensure the detective sergeant in charge of the criminal investigative bureau and forensics identification unit is notified when the corner has ordered a post, Mortem examination requiring investigators to attend.
6. Notify the detective sergeant in charge of the homicide unit when it is determined that a death investigation appears suspicious and/or foul player suspected as a result of the post Mortem examination.
7. When appropriate, inquire if the deceased has a current Canadian or foreign passport. Where the deceased was the bearer of a current passport, the passport should be returned to the issuing authority. In the case of a Canadian passport, passport Canada will invalidate the passport and return it to the next of kin on request. If the next account does not wish to retain the passport port, it may be received by York Regional Police as a handled as a found passport accordance to procedure LE Dash 371.
8. Ensure that all photographic documentation of the deceased and death scene is uploaded to DEMS prior to the end of tour of duty, and that a supplementary report is added, indicating that photos were taken, by whom they were taken, and on what date
9. Ensure that all notes of officers who attended/are involved in the investigation are scanned and attached to the general occurrence report.
10. Ensure that YRP326 death investigations completed file checklist and YRP326A resident natural death screening form has been completed and submitted with the file upon its completion, and ensure that once it has been signed by the detective sergeant, it is scarier than attached to the general current report
11. Ensure that outstanding charges and/or ones are removed from CPIC upon confirmation of the deceased identity.

Question 20

Death of a child under the age of five
What are the task for first responding officers?

Answer 20

While it is essential that a police investigation be carried out in all sudden and unexpected deaths of children, the investigation should be conducted in a manner that does not compound the profound sense of loss, guilt or depression that parents experience under these circumstances

1. Administer first aid or CPR, as appropriate
2. ensure scene continuity
3. make careful note of the demeanour and actions of the parents or caregivers
4. note the clothing worn by the child
5. note if clothing was removed by EMS or any persons during any attempts to provide medical assistance
6. ensure that an officer attends the hospital to remain with the child, in the event that child has already been transported prior to police arrival
7. obtain and record the following information fo all sudden and unexpected deaths involving a child under the age of five, and where any apparent life-threatening injuries and/or deaths involving a child under the age of five are observed:
   -is the child breathing, moving, bleeding or conscious?
   -nature of injuries?
   -what happened?
   -location and position of where the child was found?
   -Age of the child?
   -Who was at home with the child at the time of injury/death?
   -Was anyone else with the child?
   -who was with the child in the last 12 hours? last 24 hours?
   -who were the occupants of the residence if the incident occurred with a home?
   -when did the child last eat and who fed the child?
   -when and where was the child placed down to sleep and by whom?
   -what position was the child put down to sleep on the occasion of the death?
   -Was the child in bed alone?
   -Was the child sick? if yes, for how long?
   - Does the child have any current or pre-existing medical conditions?
   -What is the name and contact information of the physician most familiar with the child?
   -Are there any other children that reside in the place or residence?
   -Who was the last person to see the child alive?
   -were there any complaints of the child not feeling well at or around the time last seen?
   -When was the child last acting normally?
   -What was the behaviour of the child when last seen? Did that seem like normal behaviour for the child?
   -Doe any environmental conditions exist, such as tobacco smoke, temperature of the room?
   -were there any animals in the residence?
   -Is there any involvement of a Child Protection Agency, such as Children’s Aid Society (CAS), currently, or within the last 12 months?
   a: If yes, obtain name of agency and primary contact person
   b: if no, are there safety concerns for other children in the home? if yes, report to CAS forthwith.
   -ensure that the death investigator/ investigating officer is briefed on the investigation.

Question 21

Homicide and Attempted Homicide - Grounds to arrest exist and the suspect is on scene

Answer 21

1. arrest the suspect(s) and isolate them immediately from each other and any other member of the public or media
2. read the suspect their Rights to Counsel and Caution and note any replies
3. carefully search the accused and remove them from the scene
4. seize any item incident to arrest from the suspect that may be evidence
5. contain and handle any items seized incident to arrest in accordance with Procedure LE-020 Collection and Preservation of Evidence and Property
6. not allow the accused to return to the scene for any reason
7. note the condition of the accused particularly
   -Clothing (ripped, blood stained)
   -marks of violence
8. observe and note the accused’s manner of speaking, movements and general behaviour
9. record all utterances made by the accused and refrain from engaging in conversation;
10. transport the accused to the appropriate District
11. notify the Platoon Commander of the District you are attending, when you have the accused in custody and are enroute to the location
12. ensure the accused is handled in accordance with Procedure LE-016 Prisoner Care and Control and Prisoner Transportation; and
13. consult with the Forensic Identification Unit in regards to trace evidence collection/seizure

Question 22

Medical assistance in dying (MAID)

Answer 22

1. Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) makes it possible for Canadians to request permission to die with dignity in specific circumstances. The Act amends the Criminal Code to:

(a) create exemptions from the offences of culpable homicide, of aiding suicide and of administering a noxious thing, in order to permit medical practitioners and nurse practitioners to provide medical assistance in dying and to permit pharmacists and other persons to assist in the process;

(b) specify the eligibility criteria and the safeguards that must be respected before medical assistance in dying may be provided to a person;

(c) require that medical practitioners and nurse practitioners who receive requests for, and pharmacists who dispense substances in connection with the provision of, medical assist­ance in dying provide information for the purpose of permitting the monitoring of medical assistance in dying, and authorize the Minister of Health to make regulations respecting that information; and

(d) create new offences for failing to comply with the safeguards, for forging or destroying documents related to medical assistance in dying, for failing to provide the required information and for contravening the regulations.

Question 23

Body Removal

Answer 23

1. Where a death appears to be suspicious in nature or the death is a suspected homicide, the body will be placed in a body bag provided by the body removal service. The bag will then be sealed with a York Regional Police Seal under the direction of the Coroner.
2. When continuity of a body needs to be maintained, the Platoon Supervisor, Death Investigator or Homicide Investigator will assign a member to follow the body removal service to the morgue where they will remain until the body has been accepted by the Coroner’s attendant.
3. In cases when death is not suspicious or criminal in nature, the body can be removed by a body removal service from the scene, at the discretion of the Coroner and Death Investigator.

Question 24

AUTOPSY / POST MORTEM EXAMINATIONS

Answer 24

1. Investigators and/or Forensic Investigators are generally not required to attend post mortems unless specified in Section E. 11 (a) of this Procedure. Investigators shall consult with the Coroner in all other death investigations.
2. A post mortem may be ordered for one of the following reasons:

(a) there is a criminal investigation, or a suspicious death where forensic pathology may assist in the determination of the cause, or classification of death;

(b) the death is due to a medical or unexplained cause of death but is not considered suspicious in nature, where pathology may assist in the determination of the cause of the death or the classification of death. These post mortem examinations may be conducted at a designated hospital; and

(c) in cases when identification of the deceased may require advanced identification techniques, including fingerprints, dental comparisons or DNA analysis, in which case the post mortem examination is usually conducted at Ontario Pathology Services.

3. A post mortem examination will be completed for all occurrences involving the sudden and unexpected death of a child under the age of five years. The location of the examination will be determined by the Office of the Chief Coroner and Ontario Forensic Pathology Service (OCC/OFPS) Provincial Dispatch Unit.
4. When a transfer of deceased person(s) is required for post mortem examination, the Death Investigator shall contact the OCC/OFPS Provincial Dispatch Unit at 416-314-4100 or 1-855-299-4100 who will assume the responsibility of dispatching body transportation services.

Question 25

DO NOT RESUSCITATE (DNR) MEDICAL DIRECTIVES

Answer 25

1. An Expected Death in the Home (EDITH) Do Not Resuscitate (DNR) program is currently in place in York Region. The program involves a partnership between hospitals, the York Region Community Care Access Centre (CCAC), Emergency Services including York Regional Police, family physicians, the Coroner’s Office and private funeral and nursing homes.
2. The purpose of the program is to allow expected deaths to take place with dignity and avoid engaging emergency resources unnecessarily.
3. In the event that emergency services are engaged, emergency staff may be provided with a DNR Medical Directive, and respectfully should refrain from attempting to resuscitate the individual.
4. In the event of a death where a DNR Medical Directive exists, palliative care nurses are able to pronounce death and complete the pronouncement portion of the DNR Directive. This allows for the transfer of the deceased from the residence to the funeral home. The physician who endorsed the DNR Medical Directive will be contacted by the family and/or nurse, with expectation that the physician will then later attend the funeral home to view the deceased and complete a death certificate.
5. Officers shall, upon attending a radio call involving a VSA / Death Investigation where a DNR Medical Directive is in place:

(a) contact a qualified medical practitioner familiar with the deceased (including family physician or palliative care nurse) to confirm and view the DNR Directive to ensure it has been signed by the client or their substitute decision maker and a physician, and to discuss scene factors;

(i) if death appears non-natural or no qualified medical practitioner familiar with the deceased is available, contact the Office of the Chief Coroner at 1-855-299-4100 or 416-314-4100 and provide the required details. The Coroner or Coroner’s Investigator will determine if it is a Coroner’s case or not;

(b) where the DNR is valid, refrain from administering CPR;

(c) document the following:

(i) name and particulars or the ailing / deceased person;

(ii) name and particulars of the person who contacted police;

(iii) name and contact information of a substitute decision maker, if specified on the directive;

(iv) name and contact information of the signing physician;

(v) name and particulars of who pronounced death, if applicable;

(vi) name and particulars of the doctor who was notified of the death; and

(vii) name of the Funeral Home that the deceased will be transferred to;

(d) if the deceased has a valid DNR Medical Directive and the Coroner deems no nexus exists between the DNR and cause of death:

(i) notify the Platoon Supervisor and a Death Investigator; and/or

(ii) if suspicious circumstances identified, request a Death Investigator to attend the scene;

(e) complete a General Occurrence report detailing the above information.

6. Platoon Supervisor shall, upon notice of a deceased / VSA person who has a valid DNR Medical Directive in place:

(a) ensure that a General Occurrence report is completed and includes the above information from the details listed above;

(b) complete Part A of the form YRP 326A At-Residence Natural Death Screening Form; and

(c) notify the Detective Sergeant of the Criminal Investigations Bureau and request the attendance of a Death Investigator under the direction of the Coroner.

Question 26

What information does CIB ask for, with a VSA?

Answer 26

1. Tombstone
2. Who confirmed ID of VSA
3. Last seen alive
4. Who found them
5. Scene
6. Relevant medical history / Medication

Question 27

When can police presume death

Answer 27

1. Decapitation
2. Transaction
3. Massive head wound
4. De composition
5. Gross rigor mortis
6. Gross outpouring of cranial or visceral contents
7. Grossly charred body