LE-Intimate Partner Violence (IPV)

Question 1

What is the definition of a
Dominant Aggressor

Answer 1

means the individual who has been the principal abuser, not necessarily the person who initiates the violence.

Question 2

What is the definition of a
High-Risk IPV Incident

Answer 2

means a case where there are reasonable grounds to believe that, having regard to all of the circumstances, the offender is likely to pose a risk of bodily harm or death to the victim(s). Officers may refer to Appendix E for a list of risk factors as identified by the Domestic Violence Death Review Committee Annual Report. A case may be designated as a High-Risk Intimate Partner Violence Incident by the Officer-in-Charge or member of the Intimate Partner Violence Unit and/or the High-Risk Intimate Partner Violence Review Committee of York Region.

Question 3

What is the definition of a
Intimate Partner Violence (IPV) Investigator

Answer 3

means a Police Officer who has successfully completed the Intimate Partner Violence Investigators Course, or has the equivalent qualifications and skills as approved by the Ministry of the Solicitor General. Any Officer assigned as a Lead Investigator of an IPV Incident must also meet these requirements.

Question 4

What is the definition of a
Intimate Relationship

Answer 4

means a relationship between opposite-sex or same-sex partners, including but not limited to; current and former dating relationships, online relationships, current and former common-law or married couples or instances where one person feels they are in a relationship, regardless of whether or not there has been sexual activity.

Question 5

What is the definition of a
Strangulation / Choking

Answer 5

means a form of asphyxia that is characterized by closure of the blood vessels and/or air passages of the neck as a result of external pressure on the neck.

Injuries that initially may not be apparent or may appear mild can kill the victim within thirty-six (36) hours.

Question 6

What is the definition of a
Written Revocable Consent

Answer 6

means a letter of consent that is prepared by a victim and approved by Probation and Parole, which permits an accused to have a defined level of contact with the victim.

Question 7

A victim ask police to withdraw the charges, what should be done?

Answer 7

Only a Crown Attorney can withdraw charge(s). If a victim requests that charge(s) be withdrawn, the Officer shall direct the victim to contact the Victim Witness Assistance Program who can request a meeting with the Crown Attorney.

Question 8

JOINT INTEREST PROPERTY

Answer 8

1. Officers are reminded that a charge of theft may be laid if spouses co-own property, and one intends to deprive the other of it temporarily or absolutely.
2. Charges of mischief are applicable when one person destroys or damages property that is co-owned, or renders the property dangerous, useless, inoperative or ineffective.
3. Other than cases of theft, property disputes are civil matters and are not to be resolved by police.

4.
Citizens who are members of a First Nations community who inquire about matrimonial property rights are to be referred to the Centre of Excellence for Matrimonial Real Property, as per the information contained in Appendix I.

Question 9

Memo to Crown Text Pagee (MC)

Answer 9

(a)
If a Dominant Aggressor cannot be determined and reasonable grounds exist to charge both persons, Officers shall lay appropriate charge(s) indicating on the MC text page that dual charge(s) have been laid and that a Dominant Aggressor could not be identified (refer to Appendix B).

(b)
Officers may use this text page to communicate to the Crown any other information regarding the incident, including any aggravating and mitigating factors.

Question 10

What are the steps uniform Patrol must take when investigating Domestic Calls that are not criminal?

Answer 10

(a)
request that the Police Communicator performing dispatch functions complete relevant Address/Hazard and Person queries, when responding to a new location;

(b)
request updates on systems queries and call information;

(c)
wait for a second Officer before arriving on scene;

(d)
park police vehicles out of sight of the premises;

(e)
approach the scene with caution, being cognizant of Officer safety at all times;

(f)
enter the premises in a safe manner;

(g)
be alert to signs of violence, weapons and other possible dangers or threats;

(h)
be aware of the location of other Officers on scene;

(I)
immediately separate and speak with involved persons and/or witnesses including children;

(j)
determine if there are any children at the scene and check on their well-being;

(k)
determine if either person involved in the IPV Incident have care or custody of any children, even if they are not present at the time of the incident;

(l)
request Emergency Medical Services if the incident involved strangulation/choking or if medical attention is required;

(m)
when there is a language barrier, consider the use of Multilingual Community Interpreter Services (MCIS) (refer to Appendix C);

(n)
consider consulting with a Supervisor regarding the circumstances of the incident;

(o)
when the incident involves a member of York Regional Police or a member of another police service, ensure a Police Supervisor attends the scene;

(p)
determine if there are any injuries and note them in their memo book;

(q)
ask the victim if they sustained any injuries that are not visible including strangulation/choking;

(r)
when there is an allegation of a criminal offence and no charges are laid, notify a Supervisor as soon as practical, and in all cases prior to the end of the Officer’s tour of duty;

(s)
prior to leaving/clearing the scene:

(I)
ensure all relevant database queries including Versadex/PIP, Canadian Police Information Centre (CPIC) and Canadian Firearms Registry On-line (CFRO) have been completed to determine if any of the involved persons including known aliases, have possession of any firearms, firearms certificates, registration certificates, permits, licenses or authorizations;

(ii)
determine if the suspect/subject/accused has access to any firearms, ammunition and/or weapons at the scene or any other location; and

(iii)
ensure that CFRO queries have been completed for all involved people and addresses anywhere in Canada;

(t)
provide the victim with a YRP384 Victim Information Pamphlet form;

(u)
when applicable, ensure that the victim and any of their children or children under their care are transported to a shelter or place of safety (further information is available in the 2014 Police and Shelter Memorandum of Understanding);

(v)
if the victim and any children have been transported to a shelter or place of safety, ensure that the location is not disclosed to the suspect / accused, third parties or included in any reports or court documents that are subject to disclosure;

(w)
obtain current phone numbers and all contact information including emails for all involved persons;

(x)
submit a General Occurrence Report;

(y)
if a child was a witness to an IPV Incident or a victim of an assault as a result of the incident, ensure that the child / children are included in:

(I)
the recommended bail conditions of the Show Cause Hearing Report; i.e. access to children by a third party;

(ii)
the General Occurrence Report; and

(iii)
Memo to Crown text page (MC);

(z)
notify the Children’s Aid Society (CAS) when:

(I)
any involved person is the parent of, or has care of a child under 16 years of age, regardless of whether or not they were present at the time of the incident;

(ii)
there is a “child in need of protection”, refer to Procedure LE-027 Crimes Against Children; or

(iii)
when any of the involved people is pregnant;

(aa) add address hazards for the residence(s) in York Region of involved persons of an IPV incident, as soon as practical through 911 Communications Centre and consider additional address hazards for places of employment and/or education in York Region if applicable;

(bb) when responding to and investigating IPV Incidents involving a child in need of protection or crimes against children, refer to Procedure LE-027 Crimes Against Children;

(cc) complete the Domestic Mandatory details page when submitting the report on MRE and include “Domestic Mandatory” in the subject line; and

(dd) ensure that CFRO queries for all involved persons and addresses are attached to the General Occurrence report as a text page.

Question 11

Officers shall, when an IPV Incident involves an allegation of a criminal offence:

Answer 11

(a)
contact 911 Communications Centre, using a secure telephone line (i.e. land line), to request that the 911 digital recording or non-emergency calls for service be played back, or request the 911 recording be sent to their computer via a wave file;

(b)
notify Victim Services of York Region (24 hours a day) and consider a referral to York Region Centre for Community Safety to render assistance (refer to Appendix A);

(c)
when applicable, ensure a YRP116 Consent to Disclose Personal Health Information to York Regional Police form is completed and signed by the victim;

(d)
when the victim’s signature cannot be obtained for a YRP116 Consent to Disclose Personal Health Information to York Regional Police form, consider applying for a Production Order under the Criminal Code for relevant medical records;

(e)
consider the use of DASA (refer to Appendix G);

(f)
if the victim declines the use of DASA, suggest that they attend at a later date for future follow-up care by a specially trained DASA nurse;

(g)
if the victim consents, contact DASA;

(h)
if DASA is not utilized, with the victim’s consent:

(i)
request a Forensic Identification Assistant (FIA) to photograph injuries;

(ii)
consider arranging for additional photographs 24 to 48 hours after the initial incident when the injuries may be more visible; and

(iii)
consider using a Forensic Identification Assistant (FIA) of the same gender to photograph injuries that may be concealed by clothing;

(I)
when applicable, request a Forensic Identification Assistant (FIA) to attend and photograph the crime scene;

(j)
document and process any evidence and property including firearms / weapons and ammunition in accordance with Procedure LE-020 Collection and Preservation of Evidence and Property;

(k)
consider the following when attempting to obtain a victim statement:

(i)
complete the Domestic Violence Risk Management Report (DVRM) prior to commencing the statement with the victim. Add comments where the victim has answered yes. Ensure this process is not recorded. Consider that the use of the DVRM (refer to Appendix J) can assist with direction of the statement;

(ii)
when English is not the victim’s first language, arrange for translation services provided by MCIS (refer to Appendix C);

(iii)
contact a Commissioner of Oaths to facilitate the sworn video statement and if one is not available, proceed with the sworn video caution indicating a commissioner was not available;

(iv)
ensure that video / audio statements are obtained in accordance with Procedure AI-322 Video Recordings;

(v)
process video and audio recordings in accordance with Procedure LE-020 Collection and Preservation of Evidence and Property;

(vi)
administer a sworn KGB statement;

(vii)
when a sworn video statement cannot be obtained at the police District, consider obtaining a statement with a mobile camera. A YRP025 Video Recording Consent Form Mobile Camera shall be utilized in this instance. Refer to Procedure AI-322 Video Recordings;

(viii)
if unable to provide a KGB statement attempt to take an audio statement recorded using the KGB form, advise the victim that they will be required to swear to a statement before a Commissionaire of Oaths at a later date;

(ix)
if neither the KGB statement or audio statement is possible, obtain a written statement (only as a last resort) using the YRP177 Interview / Witness Report form and the YRP178 Supplementary Interview / Witness form. The YRP330 Sworn Video Statement (Caution) form may also be utilized when obtaining this statement to ensure the person understands;

(x)
at minimum, and in all cases where possible, make accurate notes, including direct quotes of any of the victim’s utterances and comments to Officers. This includes quotations of the victim’s responses to questions such as who, what, when, where, why and how; and

(xi)
NOTE: where a victim refuses to provide a formal statement to police, the victim’s statement can consist of utterances to Officers concerning the incident provided they are noted in the Officer’s memo book verbatim rather than a paraphrase of the victim’s utterances;

(l)
conduct an electronically recorded interview with witnesses including children;

(m)
when interviewing a victim and/or witness, ask direct questions relating to:

(I)
any history of abuse / violence and stalking / criminal harassment;

(ii)
any history of personal threats, including threats to life, children or pets;

(iii)
any concerns regarding the safety of the victim and children;

(iv)
presence of or access to firearms / weapons, firearms certificates, registration certificates, permits, licenses or authorizations;

(v)
previous use of weapons;

(vi)
any history of illicit or prescription drugs and/or alcohol abuse by the offender; and

(vii)
any history of mental health or stability issues of the offender;

(n)
when interviewing a child, take the following into consideration:

(I)
establish a rapport with the child to determine their level of maturity and understanding;

(ii)
gather information about the child (name, date of birth, school, grade, hobbies);

(iii)
maintain contact at eye level or lower than eye level with the child;

(iv)
use language familiar to the child;

(v)
elicit a “free narrative”, allowing the child to talk about the topic of concern;

(vi)
avoid leading or close-ended questions;

(vii)
Interview the child one on one;

(viii)
use sentences such as “tell me what happened to you”, “tell me what you saw”; and

(ix)
when ending the interview, thank the child, don’t make any promises, and conclude by using a pleasing subject of conversation; and

(o)
attempt to obtain a cautioned statement from the accused / suspect.

Question 12

Police Officers shall, when investigating an IPV Incident where reasonable grounds exist to believe that a criminal offence has been committed

Answer 12

(a)
arrest and charge the suspect;

(b)
notify the IPVU of the IPV Incident when there is a concern or belief that the matter is high-risk in nature;

(c)
consider calling IPVU when there is an allegation of assault cause bodily harm, aggravated assault, criminal harassment, sexual assault, strangulation / choking;

(d)
notify IPVU when the accused has a prior conviction for an offence against an intimate partner in the past three (3) years. Convictions for IPV offences include several offences such as assault, utter threats or mischief. Reports should be requested from other agencies to determine if IPV related before deciding on the form of release for an accused. Convictions include: custodial sentences (jail), conditional sentences, suspended sentences, and fines, but do not include peace bonds, conditional discharge and absolute discharge;

(e)
when the suspect is not present, attempt to locate the suspect;

(f)
when the suspect cannot be located;

(I)
enter the suspect as a pointer person on CPIC indicating that reasonable grounds exist for the arrest of the suspect for committing an intimate partner violence criminal offence, including the General Occurrence number. refer to Procedure AI-007 Canadian Police Information Centre and Management of Police Records; and

(ii)
take the appropriate steps to obtain a warrant for the arrest of the suspect within 24 hours, refer to Procedure LE-360 Warrants;

(g)
conduct a FIP search on CPIC for other IPV related incidents in which the suspect / accused may have been involved but no charges were laid;

(h)
when the suspect / accused has possession of, or access to any firearms, ammunition, certificates, licenses and/or permits at the scene or any other location, lawfully seize and process in accordance with Procedure LE-020 Collection and Preservation of Evidence and Property, refer to Appendix D for seizure authorities;

(I)
complete the YRP366 Domestic Violence Risk Management Report immediately, regardless of victim input or participation and scan to the report;

(j)
when the YRP366 Domestic Violence Risk Management Report, the suspect’s criminal record and/or history of intimate partner violence related incidents in York Region and/or other jurisdictions indicates that high-risk factors exist:

(I)
where available have an Officer, who is trained in the Ontario Domestic Assault Risk Assessment (ODARA) score the DVRM;

(ii)
ensure that a YRP240 Safety Planning Recommendations form is completed with the victim; and

(iii)
notify Victim Services of York Region via email or phone (refer to Appendix A), of the occurrence number and all phone numbers where the victim can be contacted and any other pertinent information; and

(iv)
inform the victim of the Victim Witness Assistance Program (VWAP), Victim Services of York Region and other intimate partner violence resources and services (refer to Appendix A);

(k)
provide the victim with a YRP384 Victim Information Pamphlet form;

(l)
if applicable, prepare the show cause hearing report in accordance with Procedure LE-023 Bail and Violent Crime;

(m)
issue YRP464 Notice of Intention to Seek Greater Penalty; and

(n)
submit a YRP068A Special Interest Police Intimate Partner Violence / Surveillance Entry Request form.

Question 13

Police Officers shall, when there is an allegation that both persons committed a criminal offence:

Answer 13

(a)
determine if reasonable grounds exist for a charge, taking into consideration if there was a Dominant Aggressor, in order to distinguish assault from self-defense (refer to Appendix B);

(i)
attempt to determine the individual who is the principal abuser, not necessarily the individual who initiated the violence;

(ii)
when trying to determine the Dominant Aggressor, Officers should consider:

1. history of violence;
2. power and control indicators;
3. body language;
4. excited utterances; and
5. injuries;

(b)
when a Dominant Aggressor cannot be established and Dual Charges may apply, Officers shall consult with a Supervisor who has been trained as an IPV Investigator or a member of IPVU prior to both persons being charged; and

(c)
when a Dominant Aggressor cannot be established and there are no grounds for Dual Charges:

(I)
enter both persons as subjects in the General Occurrence report.

Question 14

Police Supervisors shall:

Answer 14

(a)
when notified of an IPV Incident, consider attending or consulting remotely with the Officers on-scene;

(b)
attend, when possible, in circumstances where the information would suggest that there is:

(I)
an immediate threat of physical harm;

(ii)
a serious risk to public safety; and/or

(iii)
a requirement for immediate protection of a victim;

(c)
ensure an IPV Investigator assigned to CIB, is directly engaged or consulted for every IPV Incident where charges are pending or an arrest is made;

(d)
where an IPV Incident results in the arrest of a person, ensure that a supervisor monitors any investigation of the incident at the police district, detention and/or release of the person;

(e)
submit a Supervisor Attendance (SA) text page through Versadex outlining the supervisory activities and directions provided to Officers at any incident they attend or are consulted on where a General Occurrence report is submitted;

(f)
if an incident is one that would be considered high-risk in nature, contact IPVU to determine if they will assume responsibility for the investigation;

(g)
when IPVU is unavailable, notify IPVU by email and consult with Criminal Investigations Bureau; and

(h)
when a member of York Regional Police or a member from another police service is involved:

(I)
attend the scene;

(ii)
ensure that the Platoon Commander and the RTOC is notified; and

(iii)
notify the IPVU.

9. The Victim Notification Officer, in accordance with Procedure LE-023 Bail and Violent Crime, shall in the event that the victim cannot be reached on the day of release:

(a)
scan the release documents and place them in the court release folder; and

(b)
complete a YRP020 Victim Notification text page and issue a follow-up to the Platoon Supervisor on duty where the victim lives.

Question 15

Members of the District Criminal Investigation Bureaus shall:

Answer 15

(a)
When reviewing or assisting with an IPV Incident:

(i)
ensure that the appropriate investigative steps have been completed;

(ii)
make reasonable attempts to locate and arrest the suspect;

(iii)
when the suspect cannot be located:

1. ensure that the suspect is entered as a pointer person on CPIC indicating that the suspect is arrestable for committing an intimate partner violence criminal offence, including the General Occurrence number; and
2. obtain a warrant for the arrest of the suspect within 24 hours in accordance with Procedure LE-360 Warrants;

(iv)
conduct thorough background queries of the accused(s) or suspect(s), including prior involvement in IPV Incidents and any other prior convictions for IPV Incidents. If there are prior convictions for a violent offence in the past three (3 years) for an IPV Incident or the incident has been designated high-risk, notify IPVU;

(v)
assess whether or not the incident is high-risk using the Domestic Violence Death Review Committee high-risk factors or the ODARA. When there are seven or more factors consider contacting IPVU for consultation;

(vi)
ensure applicable address hazards in York Region for the victim and accused of an IPV Incident, as soon as practical, when information is received indicating a change, or an addition of an address;

(vii)
complete a YRP068A Special Interest Police Intimate Partner Violence / Surveillance Entry Request form for the accused and victim and/or witness;

(viii)
when an IPV Incident is considered high-risk or where it meets the mandate of IPVU, notify IPVU;

(ix)
when contemplating the seizure of any firearms, ammunition, licences and/or permits that the suspect/accused owns or has access to, Officers should consider:

1. if there is any history of violence within the relationship;
2. previous calls to the residence, regardless of whether a charge was laid;
3. whether there is a recent/pending separation or if the victim has a new partner;
4. child custody and access disputes that may include a parenting order or contract order;
5. the suspect’s criminal record and/or prior involvement with police; and
6. the suspect’s mental health, use of drugs and/or alcohol;

(x)
if consideration of the above factors results in the seizure of firearms, ammunition, certificates, licenses and/or permits at the scene or any other location, lawfully seize and process in accordance with Procedure LE-020 Collection and Preservation of Evidence and Property referring to Appendix D for seizure authorities; and

(xi)
where it is believed that the victim has sustained injuries and the victim refuses, or is unable to sign a YRP116 Consent to Disclose Personal Health Information to York Regional Police form, obtain a Production Order for medical records under the authority of the Criminal Code; and

(b)
when the YRP366 Domestic Violence Risk Management Report form, the suspect’s criminal record and/or history of intimate partner violence related incidents in York Region and/or other jurisdictions indicate that there are factors present that may put the victim at risk, ensure that the Officer-in-Charge of the Intimate Partner Violence Unit is notified via email at ipvu@yrp.ca.

Question 16

Officers assigned to the Intimate Partner Violence Unit shall:

Answer 16

(a) take primary responsibility for undertaking, managing or reviewing High-Risk Intimate Partner Violence Incidents and those where the offender has been convicted of an IPV offence in the past three (3) years;

(b) when contacted by front line Officers or CIB in relation to IPV Incidents, conduct thorough background queries of the accused or suspects including prior involvement in IPV Incidents and any other prior convictions for IPV Incidents in the past three (3) years;

(c) attend the appropriate district and/or location to assist with the investigation where required;

(d) upon receiving information of an IPV Incident that meets the IPVU mandate, assume responsibility of the incident and coordinate the investigative response with responding Officers;

(e) seek the assistance of front-line Officers and investigators assigned to Criminal Investigation Bureaus as required; and

(f) when an IPV Incident has been designated “High-risk”, notify the Officer-in-Charge of IPVU and the York Region High-risk Intimate Partner Violence Review Committee

Question 17

WRITTEN REVOCABLE CONSENT

Answer 17

1. Officers may encounter persons who have previously been involved in an IPV Incident that resulted in charges and Written Revocable Consent exists. In these cases, the victim and the accused may be in possession of a copy of the Written Revocable Consent letter that indicates the accepted level of contact between the two persons.
2. Written Revocable Consent can be permitted between two persons who have been involved in an IPV Incident. In these cases, the victim wishes to have contact with the accused and has filed a letter that indicates the level of contact that is acceptable.
3. The Written Revocable Consent letter may be filed with Probation and Parole. The victim is permitted to revoke the consent letter.
4. Probation and Parole will complete a CPIC entry to indicate when Written Revocable Consent exists.
5. In cases when it is indicated that Written Revocable Consent exists, however, neither person has a copy of the letter in their possession and consent cannot be confirmed by CPIC, Officers shall attempt to contact Probation and Parole to confirm the existence of Written Revocable Consent. If Probation and Parole cannot be reached Officers shall:

(a) ensure that the Officer-in-Charge of the IPVU is notified; and

(b) complete a General Occurrence report.

Question 18

In cases when a victim wishes to revoke Written Revocable Consent Officers shall:

Answer 18

(a)
attempt to notify the charged person;

(b)
notify Ontario Correctional Services Center via CPIC ON80322 that Written Revocable Consent has been revoked and indicate if the charged person was notified of the revocation; and

(c)
update the General Occurrence report to articulate when a charged person’s Written Revocable Consent has been revoked and whether the charged person was notified, via an MRE supplementary text page.

Question 19

The Officer-in-Charge of IPVU shall:

Answer 19

(a)
review cases that have been deemed high-risk with the High-risk Intimate Partner Violence Review Committee of York Region;

(b)
assign all high-risk cases to a Lead Investigator to manage the case for a period of six (6) months;

(c)
at the end of the six (6) month period, review the case and if appropriate remove it from the Lead Investigator’s caseload;

(d)
if the accused is involved in further IPV related criminal behaviour, extend the six-month case assignment; and

(e)
ensure that attempts are made to assign the same Lead Investigator to manage any further IPV related criminal behavior committed by the accused.

Question 20

The Lead Investigator assigned a High-risk IPV incident shall:

Answer 20

(a)
manage the case for a minimum of six (6) months;

(b)
when available, attend or ensure a designate attend:

(I)
all intimate partner violence related bail hearings;

(ii)
all necessary intimate partner violence related court appearances by the accused; and

(iii)
liaise with the Crown Attorney assigned to the designated high-risk case; and

(c)
during the first three (3) months of when managing a high-risk intimate partner violence case:

(I)
contact schools or school boards to ensure additional safety measures are in place if children are involved and they are considered to be at risk;

(ii)
investigate any allegations that the accused has breached a condition of release;

(iii)
liaise with other law enforcement agencies or social services, which may include, but not be limited to, the Crown’s Office, VWAP and Probation / Parole, as deemed necessary;

(iv)
complete a YRP240 Personal Safety Recommendations form;

(v)
ensure a victim safety plan is in place;

(vi)
contact the victim periodically to ascertain whether or not the accused has been compliant with the conditions of release;

(vii)
ensure that no information is contained within the police reports which would identify the victim’s whereabouts if they have relocated to a place of safety;

(viii)
ensure a YRP068A SIP IPV form is submitted with the high-risk entry box checked; and

(ix) consider:

1. requesting a threat assessment, in accordance with Procedure LE-378 Behavioral Threat Assessment;
2. ensure that compliance checks are completed and the conditions of the accused are reviewed; and
3. contact or visit sureties for the accused, to ensure an understanding of their responsibilities; and

(d)
during the three (3) to six (6) month period of when managing a high-risk IPV Incident;

(I)
consult with the Detective Sergeant or their designate if, prior to the end of the six (6) month period and when all circumstances are taken into consideration, there is nothing to suggest the case remains high-risk; and

(ii)
complete an Investigative Conclusion if, at the end of the six (6) month period after consultation with the Detective Sergeant or their designate, the case is no longer considered to be high-risk.

Question 21

What is the definition of
Intimate partner violence

Answer 21

means any use of physical or sexual force, actual or threatened in an intimate relationship including emotional / psychological abuse or harassing behaviour. (IPV Incidents involve Criminal Code offences.)

Question 22

What is the mandate of IPVU?

Answer 22

1. The matter was designated as High Risk after a review of the incident by the D/Sgt of IPVU and/or the justice partners of the High Risk Review Committee of York Region
2. The offender has a prior conviction of a violent offence against an intimate parter within the past three years (this excludes matters dealt with by way of Peace Bond and Conditional Discharge)
3. Intimate partner violence investigations that involve member of York Regional Police or a member of another police service
4. The offender is likely to pose a risk of significant bodily harm or death to the victim.

Question 23

Definition of intimate partner violence

Answer 23

Any use of physical or sexual force, actual or threatened, in an intimate relationship, including
emotional/psychological abuse or harassing behavior. Although both women and men can be
victims of domestic violence the overwhelming majority of this violence involves men abusing
women. Intimate relationships include those between the opposite sex and same sex partners.
These relationships vary in duration and legal formality and include current and former dating,
common-law and married couples.

Question 24

What is the impact of duel charges ?

Answer 24

a) Impact on vicitms:

(i) further victimization;

(ii) Dominant Aggressor gains more power and control, thus leaving the victim further traumatized;

(iii) decreased chances of victims seeking further help from police;

(iv) victims applying for immigration or refugee status encounter significant problems and fear that they will be deported;

(v) in some jurisdictions, victims can’t access Victim Witness Assistance Programs (VWAP) and / or other community agencies; and

(vi) possible homicide by abuser.

(b) Impact on Children:

(i) if victims don’t seek further assistance then it may place children at risk of emotional, psychological and / or physical harm; and

(ii) if both parents are arrested, it necessitates involvement of the child welfare system into the family. This further traumatizes the children if they are taken away from their caregiver.

(c) Impact on Justice System:

(i) lessens ability to prosecute appropriately which may result in peace bonds or charges being withdrawn;

(ii) increased liability for police services; and

(iii) victims will often plead guilty in order to increase and speed up access to custody of her child.

Question 25

What is the meaning of “Fear/Fear for Safety”

Answer 25

Fear/Fear for Safety means a reasonable concern for an individual’s safety, or the safety of another person known to them, based on the totality of the circumstances and history with the offender. Evidence of fear may be direct (stated fear) or circumstantial (inferred from behaviour), and does not require evidence of explicit threats and/or acts of physical harm.

Question 26

What are the steps to obtain a Behavioural threat assessment

Answer 26

a) contact the OPP HROU-TBAT prior to submitting a request to determine availability and timing. The OPP HROU-TBAT can be contacted at (705)-329-6150 or by email at opp.cbau@opp.ca;

(b) add an IA text page to the primary General Occurrence titled “Behavioural Threat Assessment” to indicate they are submitting a request to the OPP for a Behavioural Threat Assessment submission;

(c) advise the Detective Sergeant of their Unit if the OPP HROU-TBAT is unable to accept or process the request for a Behavioural Threat Assessment;

(d) prepare a Behavioural Threat Assessment submission package including:

(i) a YRP Form 143A Behavioural Threat Assessment Checklist including:

a) date the request is being made;

b) the Lead Investigator’s name and badge;

c) the Lead Investigator’s contact information;

d) subject’s name and date of birth;

e) the reason for the request;

f) the intended use of the assessment;

g) additional relevant information the threat assessor should be made aware of; and

h) detail any items that are pending, missing or not available;

(ii) police service occurrence reports including:

a) relevant general occurrences, supplementals etc. from all police services regarding the subject. Police reports available through Niche RMW universally do not need to be included in the package;

b) YRP Form 366 Domestic Violence Risk Management Report (DVRM) if applicable;

c) Domestic Abuse & Sexual Assault (DASA) reports if applicable; and

d) Show Cause Report (if applicable);

(iii) supporting documents including:

a) probation and parole reports:

i) include Level of Service Inventory (LSI); and

ii) pre-sentence reports and any correctional Service of Canada documents if available;

b) CPIC, CNI and FPS print outs;

c) include any supplemental supporting materials (i.e. correspondence, letters, photos, etc.); and

d) police interviews and recordings (if required by the OPP), particularly if related to the subject or victim;

(iv) background information on subject including:

a) family history (childhood, parents, siblings etc.);

b) relationship history (marriages, children, intimate partner relationships);

c) education and employment history;

d) substance abuse history (use/frequency);

e) positive supports (education, family, employment etc.);

f) weapons history and access; and

g) additional relevant background information;

(v) medical history of subject including:

a) any history of mental health (apprehensions, diagnoses, treatment, medications);

b) psychiatric assessments; and

c) medical issues or limitations;

(vi) social media or any open-source information including:

a) any image/screen captures;

b) profile URLS, usernames; and

c) other pertinent information regarding digital identity;

(e) whenever possible, include records and supporting documentation;

(f) submit the Behavioural Threat Assessment package to their Detective Sergeant for review and approval;

(g) deliver physical copies of items (i.e. thumb drive) to the OPP HROU-TBAT as required on a case-by-case basis;

(h) monitor the offender on an on-going basis to identify any escalation or changes in behaviour, and notify the designated OPP HROU-TBAT contact and the Tactical Intelligence Unit – Protective Services Section as needed;

(i) consult the Tactical Intelligence – Protective Services Section regarding Threat Management and Risk Mitigation as needed;

(j) conduct further investigation as necessary upon the request of the OPP HROU-TBAT; and

(k) update the General Occurrence page titled “Behavioral Threat Assessment” throughout the process including when a package is submitted, approved, and when results/threat level is received or any additional information as needed.

Question 27

What is the definition of Behaviour Threat Assessment? (LE 378)

Answer 27

Behavioural Threat Assessment means an investigative tool that is used to evaluate observable personal and situational indicators in order to determine an individual’s potential for future targeted violence.

Behavioural Threat Assessment Report means a report which is completed by the OPP HROU-TBAT that provides the investigator with an analysis, based upon the information available, of the likelihood that the offender or subject will commit acts of violence.

Question 28

MUTUAL LEGAL ASSISTANCE TREATIES (MLATs)

Answer 28

1. Mutual Legal Assistance Treaty (MLAT) refers to the treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters.
2. The MLAT Act in Criminal Matters allows the legal authority to obtain court orders on behalf of countries that are parties to mutual legal assistance agreements with Canada. In addition, it gives Canada the legal basis on which to obtain court orders in those same countries that are party to these agreements.
3. Court-ordered assistance available to Canada’s mutual legal assistance partners under the statute include:
   (a) search and seizure;
   (b) gathering physical or documentary materials;
   (c) compelling witnesses to give statements or testimony, including by video or audio link;
   (d) to assist in an investigation;
   (e) lending court exhibits;
   (f) examining a place or site in Canada;
   (g) enforcing foreign restraint, seizure and forfeiture orders; and
   (h) enforcing criminal fines.
4. MLAT requests shall be handled in accordance with Section H. Mutual Legal Assistance Treaty (MLAT) Requests.

Question 29

How can you tell someone has suffered strangulation?

Answer 29

1. Breathing changes (Inability to breathe, Difficult to breathe, Hyperventilation)
2. Voice changes (Hoarseness, Loss of voice, Raspiness (stridor)
3. Swallowing changes (Difficult to swallow, Painful to swallow)
4. Vision changes (Blurred vision, Darkening, Tunneling)
5. Fainting or Unconsciousness
6. Altered mental state (Short-term and long-term memory loss, Light-headed or “head rush”)
7. Shaking (Especially legs when maintaining balance)
8. Short-term and long-term brain injury

Question 30

Visual Clues of Strangulation

Answer 30

1. Lung damage/vomiting
2. Abrasions/fingernail scratches on neck or chin
3. Bruises (ecchymoses ) on neck or chin
4. Ligature marks
5. Redness on the neck (erythema)
6. Neck swelling
7. Massive tongue swelling (edema)
8. Coughing up blood
9. Miscarriage
10. Loss of bodily functions - Involuntary urination and defecation (close to death)
11. Petechiae or petechial hemorrhage
     Tiny red, brown, or purple “dots,” ranging in size from a pinpoint or a
    speck of dust to around 1/10th of an inch
     Occur as a result of blood capillaries that burst from the
    strangulation, causing bleeding under the skin.
     Petechiae or petechial hemorrhage are often found:
     Under the eyelids and the white part of the eyeball when
    capillaries in the eyes are ruptured
     On the neck above the area that was strangled
     Gums
     Lips
     Around or behind the ears
     May be in a cluster resembling a rash
     They don’t lose their color when you press on them
    Note: The presence of petechiae helps to show whether a person
    committed suicide by hanging or was hanged by someone else to make
    a murder look like a suicide. If petechiae are found in a person hanging,
    it is a strong indicator that the person was still alive when hanged.
12. “Bloody red eyes” (or subconjunctival hemorrhage):
    This occurs when the white part of the eye becomes bright red after
    a blood vessel breaks just under the clear surface of the eye.
     These will often look horrific, but are not believed to be painful
     They generally last for 10-14 days
     Note: Petechiae and bloody red eyes may also be the result of a
    strong sneeze or cough that causes the burst capillary, so be sure to
    ask whether such occurred and document the response on your
    report.