| 9. REPORTING PROTOCOLS AND REVIEW | ||||||||||||||||||
| 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 | |
| Reporting protocol—officer deploying CEW | ||||||||||||||||||
| General use-of-force reporting | ||||||||||||||||||
| A written report will be submitted whenever a police officer, or other employee: | √ | √ | √ | √ | √ | √ | √ | |||||||||||
| ●
takes an action that results in, or alleged to have resulted in, injury or
death of a person; ● applies force through the use of a weapon; |
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| ●
discharges a firearm, other than in training; or ● applies force by any means, other than routine handcuffing or low levels of restraint and compliance. |
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| CEW use reporting | ||||||||||||||||||
| The Subject Behaviour—Officer Response report in PRIME will be completed as soon as practical after the member controls a non-compliant individual by using | √ | √ | √ | √ | √ | |||||||||||||
| CEW (laser light only, drive-stun, and/or probes) against an individual. The member will submit the report, along with any additional relevant material to his or her immediate supervisor. | ||||||||||||||||||
| In the event the discharge of the weapon was unintentional and no injury occurred, the member shall verbally report the incident through his or her | √ | |||||||||||||||||
| supervisor to the Duty Officer and submit a detailed written report through the supervisor to the Force Options Training Unit Supervisor when the weapon involved is a CEW. | ||||||||||||||||||
| A firearms officer shall maintain a software program detailing all operational deployment of CEWs. | √ | |||||||||||||||||
| A use-of-force report shall be completed any time that a CEW is drawn and presented to a person, whether or not it is actually discharged. | √ | √ | √ | √ | √ | √ | √ | √ | ||||||||||
| A use-of-force (or analogous) report shall be completed in detail and submitted following deployment of the CEW. | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||
| The officer(s) deploying the CEW will make appropriate notations in the official police notebook outlining use of the CEW. | √ | √ | √ | |||||||||||||||
| The use-of-force report (or analogous report) must be forwarded to a designated supervisor or supervisory agency. | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||
| Content of report | ||||||||||||||||||
| Downloaded data from discharged CEW is attached to use-of-force (or analogous) report. | √ | √ | √ | √ | √ | √ | ||||||||||||
| Use-of-force report shall include the download printout that captures when the CEW was used in the push or probe mode. | √ | √ | ||||||||||||||||
| Record on the investigative file any apparent or alleged affliction/injury caused by the CEW. | √ | √ | √ | |||||||||||||||
| Reports
shall include the following information: ● a description of the incident which led up to the necessity of force being applied; |
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| ●
type of force applied; ● type of injury, if any, received by the non-compliant subject or member; and |
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| ● whether medical attention was requested and the result of the medical attention received. | ||||||||||||||||||
| The
narrative portion of the use-of-force report must detail: ● reason for contact; |
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| ●
location and environmental conditions; ● physical descriptors of suspect; ● suspect behaviour; ● assessment of threat; ● requirement for response; ● response options; ● action taken; and ● reassessment and follow-up. |
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| Arresting member will provide physician name and time/date of release in report. | √ | |||||||||||||||||
| If the subject is released at the scene, names of the attending EHS personnel shall be noted in the report. | √ | |||||||||||||||||
| Copies of the reports are forwarded to the provincial director, Adult Custody Division. Reports include: | √ | |||||||||||||||||
| ●
incident reports; ● inmate injury report; ● use-of-force report; and ● video recording (when available). |
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| Reporting protocol—supervisor | ||||||||||||||||||
| A supervisor receiving notification that a person died or was grievously injured following the application of an intermediate weapon shall immediately report the incident to the Duty Officer. | √ | √ | ||||||||||||||||
| A supervisor receiving notification that a person died or was grievously injured following the application of an intermediate weapon shall obtain detailed reports from all members involved in the incident. | √ | |||||||||||||||||
| A supervisor receiving notification that a person died or was grievously injured following the application of an intermediate weapon shall submit a full report, including recommendations (if appropriate), to the Chief Constable. | √ | |||||||||||||||||
| Once a subject has been affected and controlled with the CEW, the supervisor will complete the supervisor CEW report and place the report in the investigative file for review. | √ | √ | ||||||||||||||||
| Supervisor will ensure that members submit a use-of-force form and review it for quality assurance. | √ | √ | ||||||||||||||||
| Supervisor will place a copy of the use-of-force report with the weapon. | √ | |||||||||||||||||
| On a quarterly basis the training officer will compile a summary Subject Behaviour Response Report. | √ | |||||||||||||||||
| Reporting protocol—duty officer | ||||||||||||||||||
| A duty officer receiving a report that a person has died or was grievously injured following the application of an intermediate weapon shall notify Major Crime | √ | |||||||||||||||||
| Section—Homicide, who will be responsible for the investigation. | ||||||||||||||||||
| Review of CEW use | ||||||||||||||||||
| Circumstances warranting review | ||||||||||||||||||
| The supervisor will review the report to ensure the actions of member comply with law and policy. If there is a concern over the appropriateness of the member’s | √ | |||||||||||||||||
| actions, supervisors may consult a subject matter expert. | ||||||||||||||||||
| All incidents will be reviewed in which a police officer applies force: | √ | √ | √ | √ | √ | √ | ||||||||||||
| ●
by means of a weapon, firearm, or lateral neck restraint and compliance,
or ● by any means, other than routine handcuffing or low levels of restraint compliance. |
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| The police department will review the assignment of a police officer, using established criteria, where use of force results in death or grievous bodily harm. | √ | √ | √ | √ | √ | √ | ||||||||||||
| Purpose of review | ||||||||||||||||||
| All use-of-force reports will be reviewed by the National Criminal Operations Branch as soon as practicable to ensure consistency with national directives and policy. | √ | |||||||||||||||||
| All reported use of force will be reviewed by the Chief Constable to determine whether: | √ | √ | √ | |||||||||||||||
| ● policies were adhered to; | ||||||||||||||||||
| ● policies covering the situation were clearly understandable and effective; and | ||||||||||||||||||
| ● training and/or policies require revision. | ||||||||||||||||||
| All reported uses of force will be reviewed by the OIC of Staff Development to determine whether: | √ | √ | √ | √ | ||||||||||||||
| ● policies covering the situation were clearly understandable and effective; and | ||||||||||||||||||
| ● department training and/or policies/procedures require revision. | ||||||||||||||||||
| Review protocol | ||||||||||||||||||
| All findings to non-compliance, with respect to policies or training inadequacies, will be reported to the Chief Constable. | √ | √ | √ | √ | ||||||||||||||
| If an issue is identified during the review process, the respective divisional Criminal Operational Branch is to be notified. | √ | |||||||||||||||||
| Watch Commanders are responsible for ensuring that: | √ | |||||||||||||||||
| ● incidents involving ANY discharge of a CEW are reviewed and appropriately documented and brought forward to the supervisor in charge of training; | ||||||||||||||||||
| ● use of the CEW is limited to CEW trained officers; | ||||||||||||||||||
| ● use of CEWs and related tactics is monitored; | ||||||||||||||||||
| ● proper procedures are followed when signing out CEWs; | ||||||||||||||||||
| ● when returned at end of watch, ALL CEWs and AIR CARTRIDGES are accounted for; | ||||||||||||||||||
| ● members who use the CEW complete a subject behaviour report PRIME template; | ||||||||||||||||||
| ● a review is conducted into each incident in which a CEW is fired; and | ||||||||||||||||||
| ● a report on any contentious deployments or actions is forwarded to the departmental subject matter expert. | ||||||||||||||||||
| In review, consideration must be given to the safety of the public and other officers when considering force options. | √ | |||||||||||||||||
| In review, the safety of officers is of paramount importance and the actions of all officers and supervisors must be judged on this basis. | √ | |||||||||||||||||
| In review, actions taken by members must be consistent with officer safety and the protection of the public. | √ | |||||||||||||||||
| An officer's “use-of-force report” will not be used or admitted into evidence under the following circumstances: | √ | √ | √ | √ | ||||||||||||||
| ●
internal investigations or hearings; ● Police Act investigations or hearings; and ● Police Complaint Commissioner hearings. |
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| A complete investigation into the use of deadly force will be conducted by the GIS Supervisor, as directed by the Inspector i/c Operations, who will submit a detailed | √ | √ | √ | √ | ||||||||||||||
| report to the Chief Constable, including recommendations on reassignment, further training, or disciplinary action, if warranted. The Chief Constable will submit | ||||||||||||||||||
| the report to the chairperson of the police board. The chairperson of the police board will review the report and take the appropriate action. | ||||||||||||||||||
| Substantive content of review | ||||||||||||||||||
| A complete investigation into the use of deadly force will be conducted by the OIC of Detectives, who will submit a detailed report to the Chief Constable including recommendations on: | √ | √ | √ | |||||||||||||||
| ●
commendation (for appropriate action); ● on reassignment; ● further training; ● disciplinary action, if warranted; or ● no action to be taken. |
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| The OIC of Staff Development will: ● compile a report on any policy or training inadequacies; |
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| ●
include recommendations to correct the inadequacies; and ● forward the report to the Chief Constable. |
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