Search of person 01-02 / 01-02 Appendix D –Handling Items of Religious Significance Flashcards
In————— , the Supreme Court of Canada made a ruling in the case of ——–, which directly impacted on the search of person incident to arrest
December 2001
R. v. Golden
The lawful authority for searching a person comes from statute or ——law. Officers conducting searches must be able to articulate their authority and grounds for doing so.
The Toronto Police Service (Service) agrees with the courts that clear legislative prescription as to when and how strip
searches should be conducted would be of assistance to the police and to the courts
common
OIC notification mandatory
———- conducting a search at the station
regarding ———- and circumstances (Strip search)
there are reasonable grounds to believe the person under arrest has secreted weapons or ——— in a body cavity
after
grounds
evidence
Searches of persons shall be conducted keeping in mind that the ——— of Service members, the person being searched,
and the public are paramount. All searches of the person should be conducted ——— and in a ———- manner.
safety
thoroughly
methodical
Searches of the person shall not be conducted in an —— fashion or be conducted to intimidate, ———or induce
admissions. Regardless of what type of search is undertaken, the ——— and the privacy of a person must always be
given consideration
abusive
ridicule
dignity
All searches of the person shall be conducted by peace officers of the same ——unless circumstances make it
impractical to do so, having regard to the immediate risk of injury, escape, or the ——of evidence.
Consideration shall be given when dealing with trans and gender diverse persons, wherever practicable (see Appendix C).
gender
destruction
Section 1 of the Ontario Human Rights Code states “Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of ?
PC RACE SSAM GFGD
race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”
*reciept services housing
*record offences in employment
*sex breastfeeding pregnancy
The Service acknowledges its obligation and responsibility, short of undue hardship, to —— self-identified trans or gender diverse persons. Members conducting searches of self-identified trans or gender diverse persons SHALL comply with Appendix C by
referring to the person in their —— name and gender ————
after discussion with the prisoner, lodge according to their ———- or lodging preference in
accordance with 01-03 Appendix E unless it can be proven that there are specific overriding health and safety concerns that cannot be resolved, rendering the accommodation impossible. When a prisoner cannot be accommodated in this regard, members shall clearly articulate the reasons in their memorandum book; and
ensure that information regarding a trans prisoner’s gender identity or gender history is shared on a ———- basis only with those persons directly involved with the case
explain to the individual the following three (3) options for a Search
conducted by officers who are men only or
conducted by officers who are women only or
a —— search
accommodate
chosen
pronoun(s)
self-identified gender
need-to-know
split
The Service acknowledges its obligation and responsibility, short of undue hardship, to accommodate self-identified trans or gender diverse persons. Members conducting searches of self-identified trans or gender diverse persons SHALL comply with Appendix C by cont:
the Officer in Charge shall be guided by the ——–of the individual to be searched in terms of the
gender of the person conducting the search
when required to remove a gender-affirming article or prosthetic device/item (including b—- forms, c—- binders, g—, p—–, prosthetic p— and w—–) from a trans, gender diverse or cis-gendered person SHALL
advise the person of the —– for removing the device/item
provide the person with the ———to remove the device/item themselves when self-removal does not pose potential risk of safety/injury to the person or member
preference
breast forms, chest binders, gaffs, packers, prosthetic penises and wigs
reason
opportunity
The Service acknowledges its obligation and responsibility, short of undue hardship, to accommodate self-identified trans or gender diverse persons. Members conducting searches of self-identified trans or gender diverse persons SHALL comply with Appendix C by Cont’:
be cognizant that trans and gender diverse persons may have an emotional as well as —- attachment to their gender affirming items and shall treat the device/items with respect at all times
in the case of prosthetic devices
whenever practicable allow for the removal of the device in a ——- area
when self-removal is not possible, ask the person —- to properly remove the device
allow adequate space and ——of motion for reattachment of the device
——- the device/item to the person as soon as possible upon completion of the search
Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with ——-Standards of Conduct considering all risk factors, including those contained in Appendix B, Appendix C and 01-03 Appendix
E. All available accommodation options shall be considered when making an assessment.
physical
private
how
range
return
1.9.2
The Service acknowledges its obligation and responsibility, short of undue hardship, to accommodate self-identified trans or gender diverse persons. Members conducting searches of self-identified trans or gender diverse persons SHALL comply with Appendix C by Cont:
When it is determined that a person cannot be accommodated, the reasons for the determination must
be clearly ——- in the memorandum book including all accommodation options considered.
make appropriate entries in the memorandum book, including the ———- Template option selected
by the person, and the rationale for the course of action taken
complete the appropriate sections of the Booking and Search Template.
Members shall document why particular actions were or were not taken.
articulated
Booking and Search
Self- Identified Trans or Gender Diverse Persons
after discussion with the prisoner, lodge according their———– or lodging preference in accordance with 01-03 Appendix E unless it can be proven that there are specific overriding ——– and safety concerns that cannot be resolved, rendering the accommodation impossible. When a prisoner cannot be accommodated in this regard, members shall clearly articulate the reasons in their memorandum book; and
self-identified gender
health
Self identified or gender diverse person
ensure that information regarding a trans prisoner’s gender identity or gender history is shared on a need-to-know
basis only with those persons —— involved with the case
directly
Self-identified Trans or Gender Diverse persons
explain to the individual the following three (3) options for a Search
conducted by officers who are men only or
conducted by officers who are women only or
a split search
Self-identified Trans or Gender Diverse person
The OIC SHALL be guided by the ——– of the individual to be searched in terms of the gender of the person conducting the search
preference
when required to remove a gender-affirming article or prosthetic device/item (including breast forms, chest binders, gaffs, packers, prosthetic penises and wigs) from a trans, gender diverse or cis-gendered person SHALL
advise the person of the reason for removing the device/item
provide the person with the opportunity to remove the device/item themselves when self-removal does
not pose potential risk of ——–to the person or member
be cognizant that trans and gender diverse persons may have an emotional as well as physical
attachment to their gender affirming items and shall treat the device/items with ——–at all times
safety/injury
respect
when required to remove a gender-affirming prosthetic device how are they to be removed ?
whenever practicable allow for the removal of the device in a ———– area
when self-removal is not possible, ask the person how to ————-remove the device
allow adequate space and range of motion for reattachment of the device
return the device/item to the person as soon as possible upon completion of the search
private
properly
ssessments regarding the retention of gender-affirming personal articles including gender-affirming
prosthetics SHALL be made
on a case by case basis complying with 1.9.2 Standards of Conduct
considering all risk factors, including those contained in Appendix B, Appendix C and 01-03 Appendix
E. All available accommodation options shall be ———when making an assessment.
considered
When it is determined that a person cannot be accommodated, the reasons for the determination must be clearly articulated in the memorandum book including all accommodation options considered
make appropriate entries in the memorandum book, including the Booking and Search Template option selected by the person, and the rationale for the course of action taken
complete the appropriate sections of the Booking and Search Template.
Members shall ——— why particular actions were or were not taken
document
Items of Religious Significance
Section 2 of the Canadian Charter of Rights and Freedoms (Charter) gives everyone the fundamental
“freedom of ——— and ———- ”.
conscience
religion
Section 8 of the Charter states that
“everyone has the right to be secure against unreasonable
search or seizure”.
any item of
religious significance identified by a person shall be handled according to the process established in Appendix D, unless
circumstances make it impractical to do so, having regard for the
immediate risk of i——
immediate risk of e—–
immediate risk of d————-
safety of the m——
safety of the p——
safety of the p——
Member must be able to articulate why or why particular actions were not taken
IED MPP - search criteria
immediate risk of injury
immediate risk of escape
immediate risk of destruction of evidence
safety of the member
safety of the person
safety of the public
Duty to Accomodate Persons with Disabilities
under the Ontario Human Rights Code and the
————for Ontarians with Disabilities Act. When required, any infringement of a person’s right to be accommodated must be —— in nature, and no more than is necessary to achieve the ——–objective
minimal
Accessibility
desired
Assessments regarding the retention of assistive devices shall be made on a case-by-case basis taking into consideration all —– factors, including those contained in Appendix B. Members shall also consider all available ——–options when making their assessment.
risk
accommodation
For a search to be lawful, it must be ———and justified given all the circumstances and it must be conducted for a
——–reason. The onus is on the officers conducting and authorizing a search to demonstrate that the search is justified in law, necessary and reasonable.
reasonable
valid
Warrantless searches are prima facie unreasonable and contrary to sec 8 of the charter. What searches are recognized as lawful, However, searches incident to
the arrest of a person are recognized as lawful at —— law and do not require a warrant. Searches cannot be justified by citing standard procedures. However, for safety reasons, except in extenuating circumstances, —– persons under arrest must be searched at the first available opportunity.
common
all
Strip searches SHALL not be conducted on persons brought into custody by Toronto Police Offices based soley on the grounds that the person may come into ——–with other persons in custody.
Accordingly, persons in custody who have been Frisk searched are no longer ——- from being
placed with those who have been Strip searched.
Search Authorities
contact
restricted
Search Authorities
A police officer may search a person
with a person’s ———
when authorized by ———
after an ———- has been made (———–law – incident to an arrest)
with a person’s consent
when authorized by statute
after an arrest has been made (common law – incident to an arrest)
Consent search generally applies to persons who are not under arrest. A police officer must be able to demonstrate that consent for a search was informed and freely given. A person giving consent for a search must understand the possible ——— of the search prior to giving consent. A Consent search, in most instances, should not be used where
other ——— authority exists.
consequences
lawful
Search incident to arrest
The right to search as an incident to a lawful arrest is found in common law, and has been upheld by the Supreme Court,
as long as the search is conducted for a valid objective and is not conducted in an abusive fashion—————–
.(Cloutier v. Langlois,1990)
As an incident to arrest a police officer may search for
w————
anything that could cause ———- (including drugs and alcohol)
anything that could assist in a person’s ———–
e————-
weapons
anything that could cause injury (including drugs and alcohol)
anything that could assist in a person’s escape
evidence
Wherever practicable all protective and frisk searches including the removal of excess clothing must be captured on ————–
Audio and video
Full details of ALL searches SHALL be recorded in the ———–book including the ——–for the type of search
conducted. Appropriate entries shall be recorded in the applicable eReport for all Strip and Body Cavity searches and
must be completed in its entirety
memorandum
grounds
Member when conducting a search SHALL
record all Protective and Frisk searches on audio and video, and if not able to do so, record reasons in the memorandum book
not use any more force than is ——- and reasonable under the circumstances to conduct a search
make every effort to provide persons who do not speak English or who by reason of disability have difficulty
communicating
with the services of an interpreter in compliance with Procedure 04–09, or
other person who can assist the person in understanding the process
advise the person of the ———- that they are being searched
search the person
every effort should be made, where appropriate, to have the searching officers be of the same ——- as the person being searched and comply with Appendix C when searching a trans person
search the area within the person’s immediate ———, if applicable
remove ——-, anything that could cause injury (including drugs and alcohol), anything that could assist in the
person’s escape, or evidence of an offence, as applicable
seize all evidence obtained
ask the person if they have an item of ——–significance on their person or in their possession, and comply
with Appendix D, when applicable
necessary
reason
gender
surroundings
weapons
religious
when required to remove an item of religious significance make reasonable effort to ensure
the removal and search occurs in a ——–setting
private
when practicable, facilitate the replacement of an item
when practicable, facilitate the replacement of an item as soon as possible when an item of religious significance
(apparel or ——-only) is removed and held for any purpose and is not being immediately returned to that
person
clothing
when required to remove an assistive device from a person with a disability or a gender-affirming prosthetic from
a trans or gender diverse person
advise the person of the reason for removing the device/item
provide the person with the opportunity to remove the device/item themselves when self-removal does
not pose potential risk of ——– to the person or member
treat the assistive device/item with respect at all times
in the case of prosthetic devices
whenever practicable allow for the removal of the device in a private area
when self-removal is not possible, —-the person how to properly remove the device
allow adequate —– and range of motion for reattachment of the device
- prosthetic devices are attached to the body therefore, improper removal can injure the person and or damage the device
—— the device/item to the person as soon as possible upon completion of the search
safety/injury
ask
space
Return
When a search of person has occurred in the field and the person has not been booked into a police facility shall
complete the Search in the ———-
Field Only Template
When conducting a consent search of a person SHALL
ask for the consent of the person and explain the —–of the search
inform the person that they have a right to ——consent
inform the person of potential ——— of the search, including the possibility that anything seized may be
used as ———–
immediately —–searching the person if consent is withdrawn, unless evidence has been disclosed that would
permit continuation pursuant to ———authorities
nature
refuse
consequences
evidence
stop
lawful
Prior to transporting an arrested person SHALL
search the police vehicle prior to placing the arrested person in the vehicle
for reasons of safety, ensure the arrested person has been searched except where the search would interfere
with the administration of emergency ——–assistance
every effort should be made, where appropriate, to have the searching officers be of the same gender as
the person being searched and comply with Appendix C when searching a trans person
medical
After arrival at the station with an arrested person shall
search the police vehicle
advise the ——– what type of search has been conducted and what has been found thus far
if a Frisk search has not been fully completed then ensure the Frisk search is completed in its entirety in front of
the Officer in Charge and is audio and video recorded
ensure the manner of Booking and Search Notice - Frisk Search is read to the person prior to the search
when it is believed that reasonable grounds exist for a Strip search, articulate to the Officer in Charge and advise
them of the grounds and circumstances involved
Officer in Charge
When reasonable and probable grounds have been satisfied and a Strip search is deemed necessary by the Officer
in Charge, the searching officers SHALL
read the arrested party their ——— prior to the Strip search being conducted and ensure they are provided a reasonable opportunity to speak to ———before the search commences *****
advise the Officer in Charge if the person identifies that they have an item of religious significance on their person
or in their possession
search the person in a private area and ensure the search is ——— (if applicable), but not videotaped
be of the same gender as the person being searched, except in ———-circumstances
comply with Appendix C when searching trans persons
ensure the number of police officers involved in the search are no more than is reasonably ——–in the
circumstances
where appropriate,
ask the person to remove clothing one article at a time,
document whether the arrested person removed items of clothing ———-, and
record all relevant details in the memorandum book and the Booking and Search Template
not ——– of any more articles of clothing than necessary
not seize —–, underwire bras and string bikini tops unless there is reasonable grounds to believe it is necessary
to do so
“This action can amount to an unlawful Strip search.”
not perform any more ——- inspection of the person’s body than is necessary to achieve the objectives of
the search
inspect each article of clothing in a ————manner
permit the person to replace articles of clothing after inspection, where appropriate
provide ———clothing for articles seized as evidence as soon as possible
not leave the person in a completely ——— state after the search
rights to counsel
counsel
audiotaped
exigent
necessary
themselves
remove
bras
visual
methodical
replacement
naked
Members shall not conduct Strip searches in any location other than a private area of a secure
police facility, unless there is an immediate —–risk where no other option is available. Members shall advise a ———prior to commencing the search, if unsafe, then at the earliest opportunity.
Members shall provide the person the highest degree of privacy possible given the circumstances.
Upon completion, members will report to the ——— the circumstances. The ———- shall complete a “Strip Search – Not in a Police Facility” occurrence and notify the ———-.
safety
supervisor
Officer in Charge
Officer in Charge
Unit Commander
Police Officer
8. Where there are reasonable grounds to believe that a person under arrest has secreted weapons or evidence in a body cavity SHALL
consult with the ————–
escort the person to the ———–
comply with Procedure 03–06
———that the person remove the item in a controlled area of the hospital and with a medical professional
present, if possible
if the person is unable or unwilling to remove the item and consents to a search
ensure that the search is conducted by a qualified medical practitioner
———with the person while the search is taking place (same gender officers only, or if the person has
self-identified as trans or gender diverse, in compliance with Appendix C)
advise the ———- of the results
where the person refuses a Body Cavity search by a medical practitioner, and the item has not been removed
advise the Officer in Charge
restrain the person and hold in ———-pending a Show Cause Hearing
continuously —— the person to ensure their safety and the safety of Service members until recovery of the item or substance is made
Officer in Charge
hospital
request
remain
Officer in Charge
isolation
monitor
An Officer in Charge of a unit where persons are detained shall ensure
the decision to search a person has been evaluated based on reasonable and probable grounds and all risk factors, including those found in Appendix B
all arrested parties are advised, on camera, of the —– of search to be performed and the manner and location
in which it will be carried out
a —–search must be completed prior to any Strip search being conducted
when applicable, all Frisk searches must be audio and video recorded. If not, the reason shall be documented accordingly
searches are conducted appropriately and the required Booking and Search Template has been completed for all
booked prisoners ***
every effort is made to provide persons who do not speak English or, who by reason of disability have difficulty
communicating
with the services of an interpreter in compliance with Procedure 04–09, or
other person who can assist the person in understanding the process
prisoners’ property is handled in compliance Procedures 01–03 and 09–06, as applicable
when an item of religious significance is removed from a person that the item is treated with respect and handled
appropriately in compliance with Appendix D
assessments regarding the retention of assistive devices are made on a case-by-case basis taking into consideration all risk factors, including those contained in Appendix B, and all available accommodation options
when it is determined that a person with a disability requiring the aid of an assistive device cannot be
accommodated, the reasons for the determination are clearly ————-in the memorandum book, including all
accommodation options considered
level
Frisk
articulated
The ——— can authorize the use of an approved Handheld Metal Detector to assist in the search of any prisoner at any ———-of the booking and search process, or at any point while the person is lodged in the station. For a search to be lawful, using the Handheld Metal Detector, it must be reasonable and ——— given all the circumstances and it must be conducted for a valid reason
Hand Held Metal Detectors are only for use inside a police facility
Where a Handheld Metal Detector has been used the appropriate entries shall be made in the ———-
Staff Sergeants shall book prisoners and authorize Strip searches, unless at a ——– where
a designate can be appointed
Officer in Charge
point
justified
Booking
and Search Template
Central lock-up
Upon being consulted regarding a Strip search shall determine whether the search is appropriate, based on the
information provided by the parading officer and the circumstances involved; and where reasonable grounds to conduct a Strip search exist, shall
advise the arrested party of the authorization to conduct a Strip search
ensure the manner of Booking and ——— is read to the person prior to the search
ensure the arrested party is re-read their ——- prior to the Strip search being conducted and ensure they are provided a reasonable opportunity to speak to counsel before the search commences
provide the arrested party the opportunity to speak to counsel prior to the Strip search commencing
read the——— notice prior to the phone call to counsel
escort to use the phone, give audio privacy, but maintain visual for safety
in rare circumstances, where the Officer in Charge believes that there are safety concerns that would prohibit the officer from allowing the arrested party access to counsel prior to the Strip search, shall explain on video to the arrested party and note the reason in the memorandum book.
ensure the ————- Notice be read by the Officer in Charge and noted in the Booking and Search Template, if required
where reasonable grounds do not exist, ensure a Strip search is not conducted
Search Notice - Strip Search
rights to counsel
Audio Privacy
Deferred Call to Counsel
.Upon being consulted regarding a Body Cavity search shall
determine whether the search is ——- , given the circumstances
ensure that transporting and relieving officers accompanying an accused for the purpose of a Body Cavity Search are the same gender unless the person has self-identified as a trans person and requests otherwise Appendix C
ensure the search is conducted by a qualified medical practitioner at a medical facility
ensure a Body Cavity Search Template is completed
appropriate
Handheld Metal Detector
means a portable, handheld security device capable of detecting metal objects authorized for
use by the Service
Assistive/Prosthetic Device
means a device used to replace, compensate for, or improve the functional abilities of people with disabilities or for trans or gender diverse persons to affirm gender identity. Assistive device includes a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, ——– and respiratory devices. Prosthetics used to express gender identity include: breast forms, chest
binders, ——-, packers, prosthetic penises and wig
environmental controls
gaffs
Search in the Field Only Template
means a document created to record the pertinent details of all Protective and Frisk searches that occur in the —- where a person has not been brought into a police facility. The template allows the Service to electronically capture the data required to properly report on all searches of persons (including self–identified transgender/transsexual persons) conducted by members that have occurred in the field where the person was not brought in to a police facility
Do not confuse with prisoners that re booked into police facility , should be—————-
field
booking and search template
Disability means
any degree of physical disability, infirmity, m——— or disfigurement that is caused by bodily injury, birth
defect or i———- and, without limiting the generality of the foregoing, includes diabetes ———-, epilepsy, a brain
injury, any degree of paralysis, amputation, lack of physical ————–, blindness or visual impediment,
deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide —- or other
animal or on a wheelchair or other —— appliance or device;
b. a condition of mental ——— or a developmental disability;
c. a learning disability, or a ———in one or more of the processes involved in understanding or using symbols
or spoken ———;
d. a mental disorder, or;
malformation
illness
mellitus
dog
co-ordination
remedial
impairment
dysfunction
language
Gender:
the set of socially classified ———-, attitudes and norms associated with and roles of men, women, trans
people, non-binary people and more. Encompasses gender identity, a person’s internal sense of being a man, woman,
both or neither.
behaviours
Gender Expression
is how a person ——-presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and ——-. A person’s chosen name and pronoun are also common and important ways of expressing gender.
publicly
voice
Gender identity
is each person’s ———- and ——–experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along or beyond the gender ——–. A person’s gender identity may be the same as or different from the typical pairing with their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual ———-.
internal and individual
spectrum
orientation
Non-binary gender identities ——– of the expected ——– of men and women
outside
binary
member – Prisoner Care & Control for the purposes of prisoner transportation, care and control, includes
police officer,
court officer, and
———– officer.
custodial
Protective search
This is used generally during Investigative Detention and involves a limited search of a person who has been detained by police when there is reasonable belief the person poses a safety risk. The scope of the search is limited to exterior ——of clothing such as pockets, waistband or areas that may reasonably conceal such items as weapons or implements that may be used as weapons, usually with open hands to maximize the ability to detect weapons through clothing. This search may also be described as a “——-”, as that is the purpose
and objective.
patting
safety search
Frisk Search
This is used generally for Search —–and means a more-thorough search that may include emptying and searching pockets as well as removal of clothing, which does not expose a person’s undergarments, or the areas of the body normally covered by undergarments. The removal of clothing such as belts, footwear, socks, shoes, sweaters, extra layers of clothing, or the shirt of a male would all be included in a Frisk search. A Frisk search may be commenced in the field and concluded at the station
Incident to Arrest
Strip search
R. vs. Golden ——- SCC 83 established that which constitutes a strip search and what types of circumstances may justify one. A Strip search includes all steps in —–and —- searches as well as a thorough search of a person’s clothing and non-physical search of the body. That will often require removal or rearrangement of some, or all, of the person’s clothing to permit a visual inspection of a person’s private areas: namely the genitals, buttocks, breasts or chest, body cavity, and/or undergarments; the mouth was excluded from this definition despite being a bodily cavity
2001
Protective and Frisk
body cavity search means a search of the rectum or —–
vagina
Trans definition is an umbrella term referring to people with diverse gender identities and expressions that differ from their assigned sex at birth. It includes but is not limited to people who identify as transgender, trans ——- (someone assigned male at birth who knows themself to be a woman), trans — (someone assigned female at birth who knows themself to be a
man), non-binary, gender ——–, gender ——-or gender ———. Some people may consider two-spirit to be a
trans identity. Trans persons may or may not make a ——-transition, have surgery, use prosthetic devices or take
prescription medications (such as hormone therapies), to affirm their gender identity. They may or may not have identity ——that reflect their lived identity.
woman
man
non-conforming
variant
queer
social
documents
As an incident to arrest a police officer may search for
* weapons
* anything that could cause injury (including drugs and alcohol)
* anything that could assist in a person’s escape
* evidence
shold know this
As a result of the —– decision R v Golden upholding the common law authority to search a person after they have been arrested, what is the restrictions placed on Police Officers When a person has been lawfully arrested and transported to a police facility, an assessment of the risk factors shall be conducted. Where reasonable grounds exist to conduct a Strip search, a Strip search shall be conducted. Where reasonable grounds do not exist for a Strip search, a Frisk search shall only be conducted. (A Strip search may be
conducted if reasonable grounds are ———- as a result of a Frisk search first.)
dec 2001
established
What is R.V Coulter
the potential that the person will come into contact with other ———, creating an opportunity for the person
to ——- off contraband, weapons, etc…to another prisoner (R. v. Coulter)
detainees
hand
Name some risk factors that are common to ALL persons held for a show cause
lodged in a cell awaiting transportation
direct contact with other prisoners during ——–and lodging, creating the potential for ——and/or
weapons/contraband being passed from one person to the next
———-while being transported in a prisoner transportation wagon
lodged in —— cells with other prisoners and prisoners arriving directly from the correctional system
transportation, lodging, escorting of prisoner at court conducted by ——— court officers
direct contact with booking officers, court officers, correctional officers, ——–, and other court staff who are
unarmed and have an ———that every prisoner has been thoroughly searched to ensure officer, prisoner
and public safety
the duty to protect prisoners while in custody and their expectation that while in custody their safety is not
————
the Officer in Charge cannot know the background/history/state of mind of all the prisoners that will be brought into the system on any given day, but is required to ensure their ———-
transportation
conflict
unsupervised
court
unarmed
lawyers
expectation
compromised
protection
Nevertheless the fact that a person is being held for a ——-hearing and may come into contact with other persons
in custody does not, on its own, justify a Strip search.
Show Cause
the ——–Court has ruled that Strip searches in the field will only be justified where there is a demonstrated necessity
and ——-to search for weapons or objects that could be used to threaten the safety of the accused, the arresting
officers or other individuals. In this case, officers would have to show why it would have been unsafe to ——- and conduct
the search at the police station.
Supreme
urgency
wait
Strip searches shall not be conducted in the field for the sole purpose of ——– evidence. When a Strip search must
be conducted in the field, it will be done in a private area with only the searching officers able to view the person being
searched, where possible. When a Strip search must be conducted in the field, the searching officers shall immediately notify the ———– upon their arrival at the police station.
preserving
Officer in Charge
when required to remove a gender-affirming article or prosthetic device/item (including breast forms, chest
binders, gaffs, packers, prosthetic penises and wigs) from a trans or gender diverse person SHALL
advise the person of the reason for removing the device/item
provide the person with the opportunity to remove the device/item themselves when self removal does
not pose potential risk of safety/injury to the person or member
be cognizant that trans and gender diverse persons may have an emotional as well as physical
attachment to their gender affirming items and shall treat the device/items with respect at all times
review
in the case of prosthetic devices
whenever practicable allow for the removal of the device in a private area
when self-removal is not possible, ask the person how to properly remove the device16
allow adequate space and range of motion for reattachment of the device
return the device/item to the person as soon as possible upon completion of the search
review
———- standards of conduct regarding trans searches
1.9.2
When it is determined that a person cannot be accommodated, the reasons for the determination must
be clearly documented in the memorandum book including all accommodation options considered
review
When handling the item of religious significance, members shall be cognizant of human rights and unless circumstances
make it impractical to do so, comply with the process below, having regard for the
immediate risk of injury
immediate risk of escape
immediate risk of destruction of evidence
safety of the member
safety of the person
safety of the public.
Similar to what we can search for ie weapons, injury, escape evidence. but it is an assessment of the religious item when handling
review
when being aware a person has an item of religious significance SHALL
Members shall advise the person if an item of religious significance will be removed, the reason the item is being
removed, and provide the person with the opportunity to remove the item themselves if self–removal does not pose
potential risk of safety/injury to the person or member.
review
Members when practicable shall use ? when handling an item of religious significance
gloves
When can the replacement of an item of religious significance be done ?
as soon as possible
when the item (apparel or clothing only) is removed and held for any purpose and is not being immediately returned to
that person.
Circumstances where OIC is notified regarding booking
when transporting a prisoner who requires —— in booking
when a person in custody requires ——–attention
upon ——-at a police station with a person in custody
when entering or leaving a detention facility with a person in custody
when ——— a person for lodging in police cells
when in ——— regarding the contents of the medication container, or if the prisoner requests medication
in ——-of the prescribed dosage, or if the prisoner exhibits signs of ——–or drug consumption
if Booking Hall System (BHS) or————-(DAMS) equipment malfunctions
priority
medical
arrival
receiving
doubt
excess
alcohol
Detention Area Monitoring System
DVAMS
Digital Video Asset management system
DAMS
Detention area monitoring system
What cannot be used as police cells ?
Interview rooms
A young person under eighteen (18) years of age may be lodged in a divisional cell only
to prevent injury or to ——-others from aggressive behaviour and
when there is no ——-present in the cells, OR
when there is an adult present in the cells and there is adequate space to ——-the young person from the adult
.protect
adult
isolate
The Service has a duty to accommodate persons with disabilities under the Ontario Human Rights Code and the
—————–. Therefore, persons with a disability requiring the aid of an assistive device should be permitted to keep their device while in custody
Accessibility for Ontarians with Disabilities Act
Infringement of a person’s right to be accomodated must be minimal in nature, and no more than is
necessary to achieve the desired objective. Assessments regarding the removal of an assistive device shall be made on
a case-by-case basis. When making an assessment, members shall take into consideration all risk factors, including
those contained in Procedure 01–02, Appendix B. Members shall also consider all available accommodation options when making their assessment (e.g. p—————-)
lacing the person in a cell by themselves
The Service acknowledges its ——–and responsibility, short of undue hardship, to accommodate self-identified trans
or gender diverse persons.
obligation
Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s ——- condition, age, disability, pregnancy, or ———)
medical
frailty
how many prisoners are allowed per vehicle >
1 , wagons excepted
who notifies the OIC in a case of priority booking
the communications operator upon request by the Officer
Pertinent information for OIC’s to be advised of when booking or moving a person held in custody
KIA SEMI VA
- k————
- v———–tendencies
- serious m——- conditions
- a——- devices
- s———— concerns
- i————-
- emotional disturbance, any known ——– or developmental disability
- m———– or whether any medication has been administered
- impairment due to alcohol or d——-
- known or suspected suicidal tendencies
- violent tendencies
- serious medical conditions
- assistive devices
- safety concerns
- injuries
- emotional disturbance, any known mental illness or developmental disability
- medication, or whether any medication has been administered
- impairment due to alcohol or drugs
Circumstances where you would include a caution flag and add remarks on the MNI and CNI
Where a person in custody exhibits ——— behaviour, or threatens or attempts ——-, and it is believed that the
person’s Master Name Index (MNI) and Criminal Numerical Index (CNI) file should include a “caution flag” shall
add the information to the Remarks field in the person’s MNI
Records Management Services – Operations (RMS–Ops) will receive and add the applicable information to CPIC
violent
suicide
Why is it crucial that prisoner movment in and out be recorded in arrest booking cell management screen ?
In the event that an incident occurs in the cells, Property and Video Evidence Management Unit (PVEMU) will rely on this information to locate the relevant recordings.
how often to awaken an intoxicated person
every 4 hours and more frequently if circumstances require
prisoner medication, when to call the pharmacy ?
if there is a discrepancy, call the pharmacy and ask whether they accept the legal name or chosen name
when filling prescriptions for gender diverse or trans persons
Upon booking OIC’s shall inquire into any
suicidal behaviour
existing injury and related circumstances
existing medical condition, including but not limited to: physical illness, mental illness, alcohol use and/or
addiction, drug use and/or addiction
safety concerns
other ———- condition to which police should be alerted
and comply with Appendix A, and make necessary notations in the appropriate Arrest Booking/Cell Management
screen, if applicable
suicidal behaviour
existing injury and related circumstances
existing medical condition, including but not limited to: physical illness, mental illness, alcohol use and/or
addiction, drug use and/or addiction
safety concerns
other self–disclosed condition to which police should be alerted
and comply with Appendix A, and make necessary notations in the appropriate Arrest Booking/Cell Management
screen, if applicable
