Definitions and Hold-Up Mandate Guide

• Definitions

Financial Institution

• Means any bank, trust, and loan company or credit union.

Global Positioning System (GPS) Tracking Device

• Means a tracking device used by pharmaceutical and financial industries to assist with the apprehension of suspects and recovery of stolen property when a hold-up has occurred.

Hold-Up (HUS) Mandate

• HUS will take charge and attend all robberies within their mandate, including:

  • Financial institutions
  • Armored cars
  • Retail businesses
  • Home invasions committed with firearms or offensive weapons
  • Money deposits
  • Carjackings committed with firearms or offensive weapons

• Intimate Partner Violence (IPV)

Rationale

• IPV is a serious social problem, is preventable, and is not restricted by marital status, sexual orientation, occupation, vulnerability, age, or gender.
• Goal of the service is to:
  • Reduce IPV incidence and homicide through education and enforcement
  • Thoroughly investigate IPV incidents and bring offenders to justice
  • Enhance victim safety through prompt action and referrals to community partners
  • Build effective partnerships with community support agencies

Supervision

• Supervisory Officer attendance mandatory in the following cases:
  • All IPV calls
  • When the suspect, accused, or victim is a member of the Service
  • When the suspect/accused is a member of another police service
• Supervisory Officer notification mandatory.
• IPVI or Officer in Charge notification mandatory when attending or investigating IPV and a supervisor is unable to attend.
• Divisional investigative office mandatory notification where reasonable grounds exist and the suspect has left the scene.

Calls for Service

• IPV and incident calls must be treated with the same priority as life-threatening calls.

• The safety of the victim and dependents requires a prompt and efficient response.

• The Service shall respond even when the original call for service is canceled.

• The division receiving the complaint is responsible for the initial investigation and submission of an eReport.

• If the offense did not occur in the division receiving the complaint, assistance may be obtained from the appropriate division.

• If assistance is not obtained or not available, the division receiving the report will thoroughly investigate.

• A reportee shall not be directed to attend a different unit or location to report IPV or an incident.

• The complainant shall be interviewed to ascertain all relevant facts when responding to a third-party call.

• The eReport shall include the information received from the third-party interview.

• Victims and Witnesses without Legal Status

Immigration Status

• Victims and witnesses of crime shall not be asked their immigration status unless there are bona fide reasons to do so.

Charges

• Response to every IPV and incident call shall be fully documented, regardless if a criminal offense has been committed, a charge laid, or an arrest.
• Charges shall be laid when reasonable grounds exist; the decision to lay charges shall not be influenced by:
  • Marital status
  • Disposition of previous calls for police service
  • Victim's unwillingness to attend court
  • Likelihood of obtaining a conviction
  • Denials of violence despite contrary evidence
  • Fear of reprisals by the accused
  • Occupation of the victim/accused
  • Immigration status of the parties
• Investigation and action shall be taken for any new criminal offense, and enforcement action shall be taken for any breach of:
  • Bail condition
  • Probation Order, Parole or Conditional Sentence
  • Recognizance to keep the peace
  • Restraining Order (Family Law Act and Children's Law Reform Act)
  • Exclusive Possession Order (Family Law Act)
  • Trespass to Property Act
  • Other court order
• IPVI shall take the lead role in all IPV investigations except when:
  • The incident involves sexual assault; an IPVI will be designated as the lead investigator and shall work with an accredited sexual assault investigator.
  • The incident involves death; the investigation shall be assigned to Detective Operations - Homicide and Missing Persons Unit.
  • The case involves criteria offenses as defined in the Ontario Major Case Management Manual; the investigation shall be assigned to an accredited Major Case Manager.
  • The incident involves a young person; an IPVI shall be designated as the lead investigator and shall work with an officer assigned to youth investigations.

Domestic Violence Risk Management - Ontario Domestic Assault Risk Assessment (DVRM / ODARA)

• DVRM / ODARA is a report that shall be completed for all IPV occurrences.
• Only an accredited IPVI who has received Waypoint Health Centre training and certification shall complete the DVRM / ODARA.
• The DVRM report shall be completed for all IPV occurrences.
• The ODARA must be scored only if the criteria are met.
• Should be used to manage IPV investigations, assist officers, supervisors, Crowns, and identify risk factors.
• Victim participation is optimal.
• Every effort should be made to improve relationships, build trust with the victim, and promote participation.
• An uncooperative or incapacitated victim does not preclude completing the report.
• Accredited IPVI must understand the purpose of each question and be able to assess and manage risk.
• The DVRM / ODARA must be completed and be located in the crown brief for the bail hearing.

Safety

• The safety of victims, witnesses, and officers is a priority, so extreme caution must be taken when responding to IPV incidents.
• A minimum of two officers shall be dispatched to all IPV and incident-related calls.
• Officers shall remain at the scene until satisfied that the safety risk to the victim is minimized.
• The first officer should be prepared to act before backup arrives within emergent circumstances.

Incidents Involving a Member of a Police Service

• Initially, members shall consider whether the situation falls within the mandate of the Special Investigations Unit (SIU).
• Members shall comply with the relevant sections of Procedure if so.
• All allegations arising from an IPV situation in which the suspect/accused is a member of another police service shall be reported to the Duty Officer of that police service.
• IPV situations within Toronto where the suspect/accused is a member of this Service will initially be investigated by the responding division in compliance with the Procedure.
• The Unit Commander / Duty Senior Officer shall notify Professional Standards (PRS), who will assume the role of case manager.
• Professional Standards is the Service liaison with other police services regarding Service member-involved IPV occurrences outside of Toronto.
• Occurrences of Service member-involved IPV outside of Canada shall be treated as allegations of discreditable conduct.

Police Officer

• The first police officer is responsible for the safety and well-being of the victim, offender management, and preservation of evidence and the crime scene.
• When a person attends a division to report IPV or an incident, officer shall:
  • Conduct an initial investigation
  • Complete the applicable eReport
  • Not direct the reportee to a different unit or location
  • Request the appropriate division to conduct the follow-up investigation if the offense did not occur in the division
  • Conduct a thorough investigation if assistance is unavailable from the division in which the offense took place; and comply with the applicable sections of the procedure
• When attending or discovering IPV or an incident, the officer shall:
  • Ensure the safety of all persons at the scene
  • Conduct a thorough investigation
  • Request supervisor attendance to the IPV call
  • In the event a supervisory officer is unable to attend, notify an IPVI of all pertinent facts
  • If unable to notify an IPVI, then notify the Officer in Charge with all pertinent facts
  • Make effort to determine the dominant aggressor
  • Ensure medical attention is offered to all parties
  • Ask the victim if injuries have been sustained and note the response in the memorandum book
  • Note personal observations of victim injuries in the memorandum book
  • Ensure Toronto Paramedic Services is contacted where there is an indication of strangulation or even if there are no visible signs of injury
  • Internal injuries may cause death within 72 hours if not treated
  • If the victim requests medical attention, offer to take them to a SA/DVCC
• The SA/DVCCs are located at Women’s College Hospital (WCH) and The Scarborough Hospital.
• Women's College Hospital SA/DVCC is open 24 hours / seven days per week.
• Patients who require immediate medical assessment or treatment will need to be assessed by a physician at the closest emergency department.
• The emergency department provider will contact WCH when the patient is medically cleared.

Resources and services at a SA/DVCC include (but are not limited to)

• Crisis intervention and support

• Documentation of assault history

• Forensic documentation of injuries

• Ontario Domestic Abuse Risk Assessment

• Danger Assessment (homicide risk)

• Safety planning

• Arrangement of shelter if required

• Arrangement of follow-up care, both health and counseling

• Provision of additional resources/supports as required

• Notify the appropriate CAS regarding issues such as:

  • Child/youth with an injury due to IPV
  • A child has become involved in IPV in a direct manner
  • Caregiver unavailable to care for the child/youth
  • Other factors including but not limited to mental health and substance misuse; and other issues that cause the officer concern about the safety.

• Interview all parties separately.

• If interpreting services are required, contact the Multilingual Community Interpreter Services (MCIS)

• Ensure an IPV statement is taken and electronically recorded by an IPVI, unless the IPVI deems an exception necessary.

• Record reasons for not taking an electronically recorded statement, and their name/badge number, in the memorandum book.

• Obtain a written statement from the victim, if instructed by the IPVI, and record the IPVI's name/badge number and reason in the memorandum book.

• Interview third-party witnesses including children when practical, family members, neighbors, and emergency services personnel who have attended the scene.

• Make detailed notes, including observations and statements, in the memorandum book

• Consult with an IPVI and/or a detective when considering arresting both parties, prior to bringing them into the station.

• Arrange to have the victim's injuries, the scene, and evidence photographed.

• If injuries are not visible at the time of the investigation, consider photographing them after a 48-72 hour period.

• If responding to a third-party complaint, interview the complainant; ascertain and document all relevant facts.

• If the subjects of a third-party complaint refuse to cooperate with the investigation, offer resources.

• Complete an eReport with the information from the third-party interview

• Conduct a Person Query

• Determine if any involved individual owns, possesses, or has access to weapons, firearms, ammunition, explosives, or permits.

• Consider using the search and seizure provisions in S. 117 CC to reduce risk to the victim.

• Complete the officer information section of the TPS 496 and provide to the victim regardless of whether reasonable grounds exist to lay a charge.

• Make every attempt to meet the special needs of the elderly or vulnerable persons, particularly when the offender is the sole caregiver.

• Transport, or arrange to transport, the victim and dependents to a shelter or safe place.

• Upon conclusion of the at-scene investigation:

  • Enter the disposition of the call on the Mobile Workstation (MWS) or notify the Communications Operator verbally.
  • Obtain supervisor approval to change the event type if the situation varies from the original event type.
  • Request that the communications operator change the event type to reflect the true situation.
  • Notify a supervisor or IPVI of all IPV and incident calls.
  • Record all notifications and attendance, or non-attendance, in the eReport.
  • Should contact:
    • Toronto Catholic Children's Aid (CCAS) 416-395-0550
    • Children's Aid Society of Toronto (CAST) 416-924-4646, press 5
    • Native Child and Family Services of Toronto (NCSFT) 416-969-8510
    • Jewish Family and Child Services (JFCS) 416-638-7800

• In the event that the incorrect agency is selected CCAS, CAST and NCFST will ensure that the information is sent to the correct agency.

• Reporting to JFCS remains the same (phone).

• Scan and attach all memorandum book notes and reports to the original eReport before reporting off duty.

• Provide the eReport number to the Officer in Charge.

Where reasonable grounds exist relative to a charge shall

• Arrest and/or charge the suspect, considering all circumstances to continue the arrest, including the safety of the victim and dependents, previous history of IPV, threats made by the accused, and protection of the community.
• The victim shall not be advised to lay a private information where there are reasonable grounds to lay a charge.
• Where the accused wishes to swear to an independent counter charge, the accused shall be advised that an Information may be sworn before a Justice.

Where reasonable grounds exist and the suspect has left the scene shall

• Conduct a search of the immediate area and advise the communications operator of the suspect's description.
• Select 'yes' for the BOLO option when completing the suspect Entities page.
• Records Management Services - Operations will create and post a BOLO.
• Obtain and document information about the suspect’s potential destination.
• Notify the divisional investigative office and obtain further instructions from an IPVI.

Where an IPV incident has taken place and there is some evidence of intimate partner violence, but reasonable grounds do not exist relative to a charge

• Complete the officer information section of the TPS 496 and provide to the victim.
• Make a referral to Victim Services Toronto.
• Complete an eReport, documenting the reasons no charges are laid, and no arrest is made.
• Advise the involved persons that a report will be filed.
• Advise the involved persons that a restraining order may be applied for by appearing before a Justice, if applicable.
• Where there are safety concerns for officers attending an address in the future, complete a TPS 228 to activate the Special Address System.

Supervisory Officer

• Is responsible for the quality and thoroughness of the uniform response.
• When notified during IPV or intimate partner incidence shall:
  • Ensure that the investigations are undertaken expeditiously
  • Attend the scene for calls related to IPV
  • Provide guidance and assistance through the investigation course
  • Attend incidents related to intimate partners
  • Ensure the completion of applicable information on E-reports

Intimate Partner Violence Investigator

• Provide effective management of the crime scene

• Conduct investigations thoroughly and completely

• Give medical attention as well as offer their services

• Ensure that services are used when necessary to interpret

• Ensure reviews of the recordings when necessary as possible evidence

• Explain charges to the victim, proceedings against the accusation

• Obtain all IPV relevant statements and assure that they get reported

• Ascertain grounds exist where charges can be laid

• Provide any photographs relevant for the scene as part of any evidence for bail

• Endeavor to figure out the main aggressor before applying all charges by all parties involved

• If both parties get charged, cross reference the 2 cases whenever both get a charge

• Detective sergeants must ensure the investigations have enough investigative response, including accurate investigations of IPV.

• When in charge of divisional police, make sure that there is an accurate IPVI identified to investigate the case.

• Officer In Charge must make sure that the investigations are accurate and are also uniformed.

• Officer In Charge must make sure all the investigations when possible are completed.

• Ensure that records are all accurate and up to date for the investigations.

• Written Revocable Consent – Revocation of Consent to Communicate

• Early Intervention, which aims to focus on domestic cases and addresses any information related to specific issues, in terms of assault.

• WRC Program - designed to reduce the instances of consent being revoked prior to charges in court.

• If receiving requests in terms of complainants officers must respond appropriately, in terms of conducting proper investigations.

• Officer to:

  • Obtain names and addresses as well of contacts from any form of offenders
  • Ensure complete statement that is accurate, including the desire to revoke all consent

• Refusal in signing statement negates what needs to be in terms of consent

• When getting or receiving a request regarding complainants who are not in Toronto, officers must provide accurate advice, the agency must then contact the Toronto Police.

• If an offender has any revocation of consent the office must ensure the notification regarding the incident

• Investigation must act in terms of the police department being notified and must be expeditiously.

Bona Fide Reasons

• Where evidence indicates that a person has the intention or means to harm the security or safety of the public
• Crown attorney needs the information as a matter of disclosure

Child in Need of Protection

• Children that have the potential for harm as they need a certain level of protection
• Child Youth and Family Act applies here

Criteria Offence

Includes major cases.

• Homicides, attempts
• Sexual Assaults
• Trafficking in persons
• Homicide