| 1. POLICIES FOR CEW USE | ||||||||||||||||||
| Municipal Police Forces | Other Agencies | |||||||||||||||||
| Abbotsford | Central Saanich | Delta | Kitasoo | Nelson | New Westminster | Oak Bay | Port Moody | Saanich | Stl'atl'imx Tribal Police | Transit Authority Police | Vancouver | Victoria | West Vancouver | Corrections | Previous RCMP | Current RCMP | Sheriffs | |
| Determining the appropriate use-of-force measure to apply | ||||||||||||||||||
| Verbal communication without the use of force is to be the preferred method of interaction. | √ | √ | √ | √ | √ | |||||||||||||
| Members are authorized to use approved non-deadly-force techniques and issued equipment for resolution of incidents to bring an unlawful situation safely and effectively under control. | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||||||||
| The CEW is an option to be used in conjunction with a firearm and as an alternative to deadly force, where reasonable and appropriate to do so. | √ | √ | √ | |||||||||||||||
| CEWs are not an alternative to lethal force, but rather can be used in conjunction with lethal force where reasonable and appropriate to do so. | √ | √ | √ | √ | √ | √ | ||||||||||||
| Police officers will use only that force which is reasonably necessary to effectively and safely bring an incident under control while protecting the life of the officer or another. | √ | √ | √ | √ | √ | √ | √ | √ | ||||||||||
| Any force used by an officer to control another person must be reasonable and justifiable. | √ | √ | √ | √ | ||||||||||||||
| Police response is governed by the National Use-of-Force Model. | √ | √ | √ | √ | √ | |||||||||||||
| A person’s actions will govern the appropriate response by officers in accordance with the Department’s Use-of-Force Framework Model. | √ | √ | ||||||||||||||||
| A member need not be physically attacked before taking pre-emptive physical measures. Pre-assault cues such as aggressive body language, facial expression, | √ | √ | ||||||||||||||||
| posture, proximity, stance, muscle tension, verbal threats, and non-compliance with commands are all factors which may justify officer use of force. | ||||||||||||||||||
| Members are authorized to use approved non-deadly-force techniques and issued equipment for resolution of incidents to protect themselves or others from physical harm. | √ | √ | √ | √ | √ | √ | ||||||||||||
| Any force used by an officer should be determined by the actions or lack of compliance by the subject. | √ | √ | √ | |||||||||||||||
| In making an arrest, an officer will use only such force as is reasonably necessary to secure and detain the offender. | √ | |||||||||||||||||
| An officer should select the appropriate force option that is judged to be the least violent to safely gain control over the subject. | √ | √ | ||||||||||||||||
| In Canada, the courts have allowed police officers to use a higher level of force than that which they face, commonly known as the “One Plus Theory”. As such, | √ | √ | √ | |||||||||||||||
| a member is justified in escalating to a level of force considered to be one higher than that of an offender he or she is attempting to control. This is | ||||||||||||||||||
| acknowledgement that public safety and the safety of the officer must be considered ahead of that of the offender. Situational dynamics are such that no officer is expected to | ||||||||||||||||||
| attempt each and every “level” of force before proceeding to the next level. Lower levels must be deemed ineffective or inappropriate by members, thus | ||||||||||||||||||
| justifying escalation. CEWs have been approved for use to assist in prisoner management, primarily in cells and prisoner transport. | ||||||||||||||||||
| The following considerations may be a factor in the choice of force options: | √ | √ | √ | √ | √ | √ | ||||||||||||
| ●
time and distance ● multiple subjects ● abilities comparison ● demonstrated threat ● special knowledge ● situational environment |
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| Corrections officers may use a reasonable degree of force to prevent injury or death, prevent property damage, prevent an inmate from escaping, or to maintain custody and control of an inmate. | √ | |||||||||||||||||
| Force used by officers to carry out a lawful duty is proportional to the risk presented. | √ | |||||||||||||||||
| Factors to consider when determining reasonableness of use of force, including whether the officer was acting in good faith, will include: | √ | √ | √ | √ | √ | |||||||||||||
| ● subject factors: age, size, gender, skills or perceived skills, multiple subjects, weapons, pre-assaultive signs, mentality; | ||||||||||||||||||
| ● officer factors: size, age, gender, skill level/physical abilities, exhaustion, injury, ground fighting, perception of threat, imminent danger of death or serious | ||||||||||||||||||
| bodily injury, position, time, distance, proximity to weapon, tactical withdrawal possibility/disengagement; | ||||||||||||||||||
| ● environmental factors: friendly/hostile territory, availability of cover, proximity of back-up, terrain (footing), weather (effectiveness of a force option), lighting (ability to see). | ||||||||||||||||||
| Behavioural grounds warranting CEW use | ||||||||||||||||||
| Combative or non-compliant individual poses a risk of bodily harm to the public or the police. | √ | √ | ||||||||||||||||
| Individual displays active resistance or beyond and the member assesses a threat to officer or public safety on the totality of the circumstances encountered. | √ | |||||||||||||||||
| Individual displays active resistance or beyond. | √ | √ | √ | √ | √ | √ | ||||||||||||
| Subject to situational factors, where persons are displaying active resistance (i.e., resisting an officer’s lawful efforts to take them into custody, without attacking | √ | √ | ||||||||||||||||
| the officer), and an officer reasonably believes the use of a CEW is appropriate and reasonable, an officer may use the push-stun mode, thereby obtaining compliance from the person. | ||||||||||||||||||
| Where an officer is confronted, or reasonably believes that they will be confronted, by a person who is offering assaultive resistance, or who poses a threat of serious | √ | √ | √ | |||||||||||||||
| bodily harm or death to themselves, the police, or to others, an officer may use the CEW in either the push-stun mode or probe mode. | ||||||||||||||||||
| A CEW shall only be used on subjects who need to be immediately controlled and the member reasonably believes will be actively aggressive/assaultive toward police or others. | √ | √ | √ | √ | ||||||||||||||
| A CEW may only be used where the officer perceives that an inmate has intent and means to cause immediate and serious harm to the officer or others; or where an inmate is attempting to escape. | √ | |||||||||||||||||
| A CEW may be deployed by a qualified member to gain physical control of a suicidal subject. | √ | |||||||||||||||||
| A CEW may be deployed by a qualified member to gain physical control of a violent subject. | √ | |||||||||||||||||
| A CEW may be deployed by a qualified member to gain physical control of a potentially violent subject. | √ | |||||||||||||||||
| The CEW shall only be deployed on subjects whom a member has reasonable and probable grounds to believe are a danger to themselves or others. | √ | √ | √ | √ | ||||||||||||||
| CEW technology is an effective option for incapacitating individuals injurious to themselves. | √ | |||||||||||||||||
| CEW technology is an effective option for incapacitating individuals under the influence of drugs or alcohol. | √ | |||||||||||||||||
| CEW technology is an effective option for incapacitating individuals being destructive. | √ | |||||||||||||||||
| A CEW device is deployed: ● in tactical operations; ● in a cell entry and extraction; ● in response to an escape or escape attempt; |
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| ●
for external prowl, when inmates are in a secure outside yard; and ● as approved by the warden or designate when intervention is required to: |
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| • prevent
self-harm; • compel compliance; • terminate violent and destructive behaviour; • protect safety of staff and inmates; and • when less use of force is inappropriate or unreasonable. |
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| Other contextual circumstances to consider in determining if CEW use is appropriate | ||||||||||||||||||
| The reasonableness of any CEW use will always be determined by the situational factors and use-of-force protocol. | √ | √ | ||||||||||||||||
| CEW use allowed only when lower force options were ineffective or inappropriate. | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||||||||
| Where the use of approved CEWs is judged by an officer to be an appropriate method of control, it may be deployed, having first given consideration to the following factors: | √ | |||||||||||||||||
| ●
the requisite time and distance are present; ● the subject is reasonably contained and officer/public safety is not compromised; |
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| ● the officer and/or the subject are not located in flammable or combustible environments. | ||||||||||||||||||
| Use of CEWs to immobilize a physically aggressive or non-compliant inmate is reserved for situations in which the officer perceives that the inmate has the intent and means to | √ | |||||||||||||||||
| cause immediate and serious harm to the officer or others or when an inmate is attempting to escape. | ||||||||||||||||||