POLICY AND PROCEDURES Flashcards
What are the goals of CN Police
Reduce or eliminate incidence of crime
Identify targets of potential crime activity
Pursue, develop and maintain levels of productivity
And proficiency
Institute crime prevention awareness
Arrest and prosecute offenders
Create a safe environment for personnel, customers or visitors
What is jurisdiction
Has jurisdiction on property of the railway and in any place within 500 m of property that the railway company owns
How long is a new hire on probation for
12 months
Travel policy
Who authorizes territorial travel
Who authorizes travel outside Canada or territory
Who authorizes air travel
Inspector
Deputy chief
Deputy chief
What is the complaint process against CN member
Chief of police will receive all complaints
Chief will inform member in writing as well as the Inspector of the existence and nature of the complaint
If can be resolved informally and the complainant and members agree Chief may take appropriate action to settle issue
Result in writing and signed by complainant, member and Chief
What is the Individual Improvement Process for
Minor infractions
Attendance management/productivity issues
IIP what happens
Inspector notify a CNRPA President and employee within 5 days of becoming aware of minor infraction/incident
Within 5 days of being notified, employee must irrevocably elect the traditional investigation process or the Individual Improvement Review (IIR)
Once the constable elects IIR what happens
Meeting between employee and Inspector to identify employees role in the infraction/incident and contributing factors
Inspector and CNRPA President make final determination of improvement measure
Improvement measure must be communicated to employee within 14 days from the date of the incident
Employee must accept improvement review procedure without right to appeal
What happens if inspector and CNRPA do not agree on improvement measure within 14 days from the incident being reviewed
Inspector will determine the improvement measure to apply
Employee can accept, in writing, the improvement measure or appeal it directly to Step 2 of the Grievance Procedure
What are infractions requiring formal investigation
Rule G and/or violations of Drug and Alcohol programs Insubordination Harassment Criminal Acts Illegal strike action
What happens in Formal investigation
3 days advance notice to appear
Have the right to 1 or 2 CNRPA reps
Employees to be provided with evidence upon being notified of the hearing but does not prevent introduction of new evidence at the hearing
Corrective action to be given within 14 days from the completion of the employees investigation
What is the short term disability process
Medical certificate required for continuous absence exceeding one week- Inspector may ask for certificate for shorter period if considered to be necessary
What happens if disability continues beyond 30 days or employee believes it will continue beyond 30 days
Employees eligible for sick leave with pay must complete the Employees statement and the Dr is to complete the attending physician statement and reach Great West Life within 30 days from beginning of disability
Employer statement must be completed by the supervisor and sent to GWL
Secondary employment process
Chief must be notified in writing prior to commencing employment..if any concerns Chief will consult with CNRPA President
Sexual harassment will not be tolerated..give some examples
Unwelcome solicitations or requests
Indirect or explicit demands for sexual favours
Verbal abuse-jokes taunting
Displaying objects or pictures in workplace
Practical jokes to cause embarrassment
Sexual gestures
Unnecessary touching
What is the sexual harassment procedure-managers responsibilities
Respond quickly to complaints
Employees making legitimate complaints will not have their careers affected
What is a requirement of being on duty
Members of CN Police will not be permitted to operate/be a passenger in a marked police vehicle without proper police equipment, including their issue sidearm
What are the rules regarding firearms
Defend yourself and others
Warning shots prohibited
Carry issue firearm only in issue holster
Officer who discharges firearm will advise supervisor ASAP and support a Use of Force report
Any officer witnessing the discharge must report the incident to supervisor asap
Will not fire at a vehicle except as last measure of self defence
Officers must not carry their firearms to the following places
Jails
Courtrooms where it is forbidden
When ordered not to by competent authority
Across Canada/US border
How often should you clean your firearm
Immediately after use or once every four weeks
Safekeeping of firearms
Stored unloaded with a slide or trigger lock and placed in a gun locker
Ammunition should be stored separately-locked
What happens when an officer goes on vacation
Secure their firearms at the office gun locker and secure the ammunition in a locked locker
How do you store your firearms at your residence
Firearms are NOT stored in the patrol vehicle Stored in supplied lock box Trigger guard applied and unloaded Ammunition in lock box Not easily accessible by children
How do you load/unload at residence
Lay body armour on bed Check pistol to ensure it is unloaded point toward body armour Put in magazine Cock pistol Place pistol in holster
What happens if a pistol is lost or stolen
Report immediately to supervisor
Written report is sent to HQ
Substitute firearm provided
Cpic on missing firearm
What cc section covers use of force
Sec 25- is justified in using as much force as is reasonably necessary in the enforcement of the law
Lawful arrest with or without warrant
Person takes flight to avoid arrest
Protecting the police officer or citizen
What about excessive force-what section
Sec 26 Everyone one who is authorized by law to use force is criminally responsible for any excess
What do you do after using use of force
Notify inspector immediately
Complete use of force report and submit to inspector
When can you use your firearm
When less violent means have been unsuccessful
Protection of yourself and others from grievous bodily harm or death
Prevention of the commission of an offence that is likely to cause grievous bodily harm or death
When can you draw you weapon other than firearms training or cleaning
Reasonable cause to believe that it may be necessary to use the weapon in compliance with policy
What is deadly force
The application of any force upon a person which causes or is likely to cause death
When a. Member is involved in a shooting incident what processes occur
Administrative/Criminal investigation
Internal review to determine if the shooting was within department guidelines
Aftercare of the member
Administrative/Criminal investigation
Chief’s responsibility to investigate all shooting incidents where members actions result in death or injury
Inspector notified immediately of shooting and will respond to scene
Inspector will liaise with agency having jurisdiction and offer assistance
Investigation must be impartial and objective
Legal rights of the member are observed
Weapon is seized and a replacement issued
Member will be taken from the scene as soon as practicable accompanied by EFAP or supervisor
Do you have to provide a statement?
Members must provide a statement as part of the investigation detailing observations and actions
If a criminal act occurred by the member he will be read his rights
Is there any follow up
Mandatory post incident discussion 24 hours after the incident
Who should the member be in contact with after the incident
Family members
What is the fundamental principal of using the police baton
It is an impact weapon used to control resistive and assaultive behaviour of a subject
How often do you need to qualify on OC spray and baton as well as firearms
15 months
When do you use OC spray
When verbal commands and pain compliance have failed on a resistive, assaultive subject
A subject who is handcuffed will not be sprayed
What must you offer after OC spray
Make every effort to relieve discomfort and offer verbal reassurance
Decontamination shall be done as soon as practicable
Can OC spray be taken on an aircraft
No it is considered to be dangerous goods
Can members wear jewelry
No neck jewelry when wearing open neck shirt
No earrings (men) females conservative
No bracelets other than for religious, medical
What happens if uniform equipment is lost or stolen
Report incident to supervisor
Report made to police force of jurisdiction
Items placed on CPIC
When can you wear short sleeve shirts
May 1 to September 30
When does a member have to wear a hard hat, safety vest, glasses and safety boots
While outside of police vehicle in rail yards, intermodal, shop facilities, derailments where high visibility and safety equipment is a requirement
However not required when conducting police business
When should a member check his vehicle
Prior to the beginning of each shift the member is to check the exterior and interior for damage or missing equipment
Any deficiencies are to be reported immediately to supervisor.
When can you search someone
Incident to arrest to search for further evidence of what the person is being arrested for and for weapons
Search must be reasonable and as soon as possible after arrest
Work from the head down
What are the ages for Youth Criminal Justice Act
Children under 12 not criminally responsible
Maximum age of under 18
Youth court if offence occurred while they were under 18
What section is arrest and what constitutes it
Sec 495. Identify yourself as a police officer Tell a person they are under arrest accompanied by placing a hand on them but not necessary Inform them why they are under arrest Inform them of right to counsel Ensure they understand
What is the purpose of an arrest
Prevent continuation of the offence Prevent escape Preserve evidence Secure court appearance Establish identity of accused Protect life and property Protect the suspect Prevent breach of peace
What happens with summary or dual procedure offences
Officer may release
On appearance notice
Apply for summons later
Release if no charges to be laid
Consequences of illegal arrest
Constitutes a defence to a charge of escaping lawful custody, resisting arrest and assaulting P.O. In the lawful performance of his duties
What is a criminal offence
Any offence created by federal statutes, the criminal code and the Railway act etc
When can you arrest someone with out warrant
Find someone committing an indictable offence
On reasonable grounds officer believes has committed an indictable offence
On reasonable grounds is about to commit and indictable offence
Find committing a criminal offence
On reasonable grounds believes there is a warrant for arrest
Appearance before a Justice
Where one is available,as soon as practical within a period of 24 hours
Where one is not available, as soon as possible unless the peace officer releases the suspect beforehand
Out of province arrest
Person arrested for indictable offence, committed out of province must be taken before a Justice as soon as possible
JP may release or keep in custody depending on the reasonable grounds of arrest
If remanded in custody there must be a properly endorsed warrant (FM 28)
Must be executed within 6 days or the prisoner is released
what is an information
An information is an allegation made before a Justice and is necessary and required for the issuance of a summons or warrant
It must be made in writing or under oath
What is a summons
Is an order to the person addressed to appear before a court at a time/date specified to answer to a charge
Must be served personally by a peace officer on the accused or left for him at his residence with some person apparently not under 16
A summons served on a corporation is served on the manager, secretary or executive officer
What is a subpeona
Justices may issues a subpeona to any witness giving evidence for the crown or the defence
Must be served personally by peace officer or left at residence with person apparently 16 yrs old or older
Arrest with a warrant
A warrant is a written order of the court commanding a peace officer, within the jurisdiction of the issuer, to forthwith arrest the person named for the offence set out and bring him before a Justice with jurisdiction
May be issued and executed on a Sunday or any Stat holiday
What is a telewarrant
When a peace officer believes it is impractical to appear before a Justice may apply for a search warrant by telephone or other form of communication
What information needs to be included in a telewarrant
A statement of the circumstances making it impracticable to appear before a Justice
A statement of the indictable offence alleged, the place to be searched and the items to be seized
The officers grounds for believing the items will be found in the place to be searched
A statement as to any prior application for a warrant pertaining to the same matter
What does officer have to do when executing the warrant
Must leave a fax of the warrant with anyone in control of the residence or if no one at home leave it inside in a prominent place
What happens after the warrant is executed
Officer who receives the warrant is required to file a written report within 7 days with the following:
A statement of time and date warrant executed
List if items seized and where they are being held
A list of items seized in addition to those mentioned in the warrant, where they are being held and the reason for the seizure
If you have an arrest warrant for a person in a dwelling house does it give you authority to search the residence
The arrest of a person inside a dwelling house, usually pursuant to an arrest warrant, does not automatically entitle police to search the dwelling to locate further evidence against the accused pertaining to that or any other offence.
A search warrant is required to search dwelling house
What allows you to search a person for restricted/prohibited weapons, firearms or ammunition
Sec 117 CC
Permits a police officer to search a person without warrant where he believes on reasonable grounds that an offence has been or is being committed with respect to those weapons
He may seize anything he believes is in relation to the offence
This applies to any place except a dwelling house