Use of Force

DATE APPROVED

March 22, 2007

Minute No: P105/07

DATE(S) AMENDED

June 18, 2009

April 7, 2011

May 11, 2011

Minute No. P162/09

Minute No. C94/11

Minute No. P113/11

DATE REVIEWED

April 7, 2011

May 11, 2011

Minute No. C94/11

Minute No. P113/11

REPORTING REQUIREMENT

Chief to report to Board Annually

LEGISLATION

Police Services Act, R.S.O. 1990, c.P.15, as amended, s. 31(1)(c).

Criminal Code of Canada and Ontario Provincial Offences Act.

Equipment and Use of Force Regulation 926; Ontario Police Services Act 44(1).

DERIVATION

Rule 4.4.0 – Use of Force

Adequacy Standards Regulation – AI - 012

 

The Toronto Police Services Board places the highest value on the protection of life and the safety of its officers and the public. 

Therefore, in accordance with the Criminal Code and the Police Services Act, it is the policy of the Board that: 

  1. The Chief of Police will establish procedures on all the requirements of the Equipment and Use of Force Regulation
  1. The Chief of Police will ensure that force options used by Service members meet all requirements and standards established by Regulation 926 of the Police Services Act and the Ministry of Community Safety and Correctional Services. 
  1. The Chief of Police will ensure that, at least once every 12 months, members; 
    1. who may be required to use force on other persons receive a training course on the use of force;
    2. authorized to carry a firearm, receive a training course on the use of firearms; and
    3. authorized to carry a force option weapon, receive a training course on that force option weapon. 
  1. The Chief of Police will ensure that at minimum members are trained in officer safety, communication, handcuffing and physical control techniques. 
  1. The Chief of Police will ensure that members do not: 
    1. use force on another person unless they have successfully completed a training course on the use of force; and
    2. carry a firearm unless, they have successfully completed a training course on the use of the firearm, and are competent in the use the firearms. 
  1. The Chief of Police will ensure that members do not use a weapon other than a firearm unless: 
    1. that type of weapon has been approved for use by the Ministry
    2. the weapon conforms to the technical standards established by the Ministry
    3. the weapon is used in accordance with standards established by the Ministry; and
    4. in the course of a training exercise, the weapon is used on another member in accordance with procedures. 
  1. The Chief of Police will ensure that at a minimum police officers are issued handguns and other force option weapons that meet the technical specifications set out in the Equipment and Used of Force Regulation 926
  1. The Chief of Police will permit the use of reasonable weapons of opportunity by police officers, when none of the approved options is available or appropriate to defend themselves or members of the public; and 
  1. The Chief of Police will ensure that a written record is maintained of the training courses taken by the members of the police service on the use of force and the use of firearms. 

Reporting Use of Force 

  1. Incidents of use of force are defined as occurring when members in the performance of their duty: 
    1. use physical force on another person that results in an injury requiring medical attention;
    2. draw a handgun in the presence of a member of the public;
    3. discharge a firearm; and
    4. use any weapon, other than a firearm, on another person. 

It is the policy of the Toronto Police Services Board that: 

  1. The Chief of Police will immediately cause an investigation to be made where a member, by the discharge of a firearm in the performance of his or her duty, kills or injures another person and submit the report of investigation to the Board upon the conclusion of any associated investigation; 
  1. The Chief of Police will immediately cause an investigation to be made where a member unintentionally or intentionally discharges his or her firearm, except on a target range or in the course of weapon maintenance; 
  1. The Chief of Police will, where he discharges a firearm in the performance of the his duties, promptly report the matter to this Board; 
  1. The Chief of Police will provide a copy of the Service’s annual Use of Force report to the Board in a format established by the Board, for its review and ensure availability of the report to the community; 
  1. The Chief of Police will establish procedures and a reporting structure consistent with the requirements of the Equipment and Use of Force Regulation 926; and 
  1. The Chief of Police will ensure the ongoing review and evaluation of use of force procedures, training and reporting. 

It is the policy of the Toronto Police Services Board that: 

  1. The Board will upon receiving a report on the investigation into an injury or death caused by the discharge of a member’s firearm: 
    1. review the report and make further inquiries as necessary;
    2. file a copy with the Ministry, including any additional inquiries of the Board; and 
  1. The Board will upon being notified that the Chief of Police has discharged a firearm in the performance of his/her duty, cause an investigation to be made into the circumstances and file a report of the investigation with the Ministry. 

Tags: professional conduct, human rights, interaction with public, professional excellence, accountability, vulnerable populations, adequacy standards

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