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
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