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Summary
This document outlines definitions, general guidelines, arresting officer responsibilities, and criminal offence warrants regarding arrest and release procedures. It provides details on handling situations involving multiple arrests and individuals with warrants. The document also emphasizes principles of restraint, legal considerations, rights of the accused and young persons.
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Arrest and Release Definitions a. arrest – the act of restraining or taking away the liberty of a person with the intent to detain; b. multiple arrest – a number of arrests that are made simultaneously or over a brief period of time that will exceed the capacity of the regional p...
Arrest and Release Definitions a. arrest – the act of restraining or taking away the liberty of a person with the intent to detain; b. multiple arrest – a number of arrests that are made simultaneously or over a brief period of time that will exceed the capacity of the regional prisoner management facility and/or require additional police resources in order to manage police and public safety; c. permanent actor – a member who has the KSA to perform duties of the next rank, anticipated to act greater than 30 days and has been approved by a Deputy Chief d. principle of restraint – peace officer shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with; e. prisoner processing area – means a secure area, selected by an Incident Commander or designate, to serve as a temporary location for the processing and transportation of prisoners during a multiple arrest incident; f. young person (YCJA) – person who appears 12 years of age or more but under 18 years of age, includes persons charged under the YCJA with having committed an offence while they were a young person. g. Young person (POA) – person who appears to be 12 years of age or more but under 16 years of age. Includes a person 16 years of age or more charged with having committed a POA offence while they were 12 years of age or more but under 16 General a. An arrest shall be made in accordance with legal, constitutional and case law requirements. b. During both the arrest and release of an arrested person, all members shall comply with applicable service procedures. c. Officers shall not release a person from custody subject to the circumstances outline under section 498(1.1) of the criminal code if the officer believes on reasonable grounds that it is in the necessary in the public interest that the person be detained in custody or having regard to all the circumstances including the need to: a. Establish identify of the person b. Secure and preserve evidence c. Prevent continuation or repetition of the offence d. Ensure safety of victim or witness e. Ensure attendance in court d. Investigating officer and Service shall ensure that the person to be detained in custody is taken before a Justice of the Peace to be dealt with according to the law where a justice is available as soon practicable or within 24 hours of being arrested. If a Justice of the Peace is not available, the Crown shall consult an alternate release set out in section 503 of the Criminal Code. e. Pursuant to ammendments to Bill c-75, an accused person shall be released a the earliest reasonable opportunity and on the least onerous conditions that are reasonably practicable for the accused to comply with. Arresting Officer 1. When making an arrest, or continuing a lawful citizen arrest, the arresting officer shall: a. Identify themselves as an officer b. Inform the person they are under arrest c. Take physical control of the arrested person (by touching), unless safety circumstances dictate otherwise d. Inform the person of the reason for arrest e. Inform them their rights to counsel, the existence and availability of duty counsel and free legal advice by reading it from the front of an issued notebook and record the response f. Inform the person of their primary caution by reading it from an issued notebook g. If the person has or may have come into contact with another person in authority prior to or during arrest, inform them of the secondary caution by reading it from the notebook h. When arresting a young person (YCJA) read them their young persons rights i. Ensure person understands their right to counsel and any additional rights. Provide interpreter if necessary. If detaining a young person, regardless of the intent to take a statement from them, a young person rights shall be given. A young person has the right to consult a parent, adult relative, guardian or other adult prior to giving a written or oral statement. Ensure a person statement form is completed prior to obtaining a statement from a young person. j. At the first reasonable opportunity, allow the accused the opportunity to contact thei counsel of choice and in the case of a young person the opportunity to contact parent, guardian or adult relative or other adult to have that person with them k. Of the accused originally requested counsel and later changes their mind, ensure the prosper warning is read from the notebook and they understood l. If the accused is released on the roadside but wishes to speak with counsel prior to release, make reasonable efforts to facilitate the conversation in a manner where the conversation is private but also safe. If it is not reasonable, tell them they can be transported to a police facility to facilitate the call to counsel which may extend their time in custody. m. Inquire as to the cause of any apparent injury or illness and if medication is required. If the accused requires medication, attempt to bring the required medication if the accused may be held in custody. n. Ensure the person receives immediate medical attention prior to processing, if required o. Record pertinent information, including but not limited to i. Reason, date, time and location of arrest ii. Reason for detention or release iii. Any injuries and all details regarding medical aid iv. Details regarding the persons physical descriptors and property seized v. Telephone calls allowed vi. All facts regarding potential for suicide, violence, escape risk, emotional disturbance, mental illness or developmental disability, vii. All details regarding the incident in accordance with the Notebooks and Notes Procedure p. Ensure a custody report or detain sheet is completed if the arrested person is transported to: i. Court prisoner management facility located at the waterloo regional courthouse, including when taking a prisoner into custody upon sentencing at court ii. Regional prisoner management (central) or iii. Any other wrps police facility q. Prior to transporting an arrested person to regional prisoner management, communicate the arrest details to the officer in charge of the regional prisoner management to complete the custody pre-booking form. r. If the person has care, charge or custody of another person who is unable to care for themselves, ensure proper care is obtained and record steps taken. s. Conduct appropriate record checks t. Release person as soon as practicable unless there is reasonable grounds to believe that it is necessary in the public interest to detain the person u. When consulting with a confirmed rank supervisor or permanent acting sergeant on a release or transport of an arrested person to a service facility, note the consultation and reason for the release or transport in their notebook. v. Issue a notice to parent, friend or relative in the following circumstances i. A criminal arrest and charge in any form ii. Upon issuing a ticket under the contraventions act of any young person under the age of 18 iii. A provincial offence act charge, by way of summons or recognizance, is laid on a young person w. Ensure arrangements are made for fingerprinting and photographing the person in accordance with the identification of Criminal Acts x. Notify the patrol supervisor of a show cause arrest to ensure the crown brief package is completed as outlined in the court disclosure procedure y. When releasing a person, document all measures taken to ensure the safety of that person and any others who may be affected by the release, taking into account their physical and mental state, date, time and location of release z. Complete and submit an occurrence report outlining the details of the arrest prior to completion of shift, excluding arrests as a result of sentencing by the court aa. If operating in a plain clothes capacity, show issued police identification. 2. During a multiple arrest event, the arresting officer shall comply with the associated multiple arrest plan. Criminal Offence Warrants 1. As per section 499 of the criminal code, if a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under section 507(6), a peace officer may release the person if: a. The peace officer issues an appearance notice to the person; or b. The person gives an Undertaking to the peace officer. 2. If the warrant has not been endorsed for release, the peace officer may not release the accused and the accused must be detained and taken before a justice in accordance with Section 503 of the Criminal Code. 3. When arresting a person on the strength of a warrant relating to a Service occurrence, the arresting officer shall: a. confirm the warrant(s), including whether it is endorsed or not, through CPIC with the Information Management Specialist (IMS) assigned to CPIC and advise them to remove the warrant status; b. review the Niche RMS occurrence for the substantive charge(s) and ensure any potential release term(s) would satisfy the expanded powers of release under Bill C- 75, in particular, whether they can be released on the roadside (see Section E(3)(c)); c. if considering a roadside release of the accused, consult with a confirmed rank supervisor or permanent acting sergeant to review all release terms and determine if this is an appropriate release or if the accused shall be transported to Regional Prisoner Management; d. if not released at the location of the arrest transport the prisoner to Regional Prisoner Management and assist with the completion of a custody arrest report or detain sheet upon arrival; e. complete any additional instructions attached to the warrant, if applicable; f. complete an arrest report on the original occurrence(s) detailing the arrest and NR the arrest occurrence; and g. complete disclosure following the steps detailed in the Disclosure Instructions – Arrest on Warrant document and per the Court Disclosure Procedure. 4. When arresting a person on the strength of a warrant relating to a Service occurrence and the warrant is endorsed, the arresting officer shall: a. comply with Section E(3)(a-g) of this Procedure; b. ascertain if the prisoner is eligible for release and present this information to the: i. confirmed rank supervisor or permanent acting sergeant if the accused is eligible for a roadside release; or ii. patrol supervisor if the accused is transported to a police facility (Central Division officers will present information to the confirmed rank supervisor or permanent acting sergeant of Regional Prisoner Management); and c. if the prisoner is to be: i. released: a. provide the patrol supervisor (or supervisor of Regional Prisoner Management) with the copy of the endorsed warrant and release document if released from a police facility; b. consider transporting the prisoner to Regional Prisoner Management to be fingerprinted and photographed prior to release, particularly for fail to appear for fingerprint warrants; c. email a copy of any release documents to CPIC (cpic@wrps.on.ca); d. forward the release documents to Court Services Case Management; or ii. detained: a. transport the prisoner to Regional Prisoner Management, if required, for bail court. 5. Upon receiving the original warrant, Court Services shall attach it to the release document and deliver it to the Ministry of the Attorney General Court Administration. Both the original and scanned copy of the warrant shall be attached to the Information. 6. When a person is arrested by another Service and is to be released on a WRPS Undertaking by the other Service (see Section N(5)(c) and O(2)), the assigned officer shall: a. generate an arrest occurrence number (949) and cross reference it to the original occurrence number; b. obtain a copy of the warrant from Records (email is preferred); c. contact the arresting officer from the other Service to obtain their contact information (e.g., email or fax) and any additional information required to complete the arrest report; d. request the arresting officer forward the involved officer’s notes; e. email or fax the arresting officer a copy of the warrant and Undertaking pre-filled with the accused’s name and information and: i. assign the same date for court and fingerprinting (notify Court Services to fingerprint the accused on their court date via email at fingerprinting@wrps.on.ca; or ii. request the other Service fingerprint and photograph the accused prior to release (notify Court Services via email at fingerprinting@wrps.on.ca; and iii. request they return them completed; f. upon email or fax receipt of the executed warrant and completed Undertaking from the arresting Service, email CPIC a copy of the executed warrant with details so it can be removed from CPIC (cpic@wrps.on.ca); g. advise the arresting officer to courier release documents to WRPS – Court Services, attention: Case Management; and h. complete the steps as listed in Section E(3)(e-g) of this procedure. 7. When arresting a person on a warrant from another Service, the arresting officer shall: a. request the IMS assigned to CPIC send a message to the other service to ascertain if the warrant is endorsed or not and if they will return on the warrant; b. when the other Service: i. will return: a. notify the patrol supervisor; and b. transport the prisoner to the appropriate location upon direction from the patrol supervisor; or ii. will not return: a. if the warrant is endorsed and requested by the other Service to release the accused on an Undertaking from their Service, notify the patrol supervisor for determination; or b. notify the patrol supervisor to determine if the accused can be delivered to the Service that holds the warrant; or c. release the person from custody. Release 1. Officers have the authority to release accused parties in accordance with Sections 497, 498 and 499 of the Criminal Code for offences that are not listed in Section 469 of the Criminal Code. 2. Under Section 498(1.1) of the Criminal Code, officers shall not release individuals if they believe on reasonable grounds: a. that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to: i. establish the identity of the person; ii. secure or preserve evidence of or relating to the offence; iii. prevent the continuation or repetition of the offence or the commission of another offence; or iv. ensure the safety and security of any victim of or witness to the offence; or b. that, if the person is released from custody, the person will fail to attend court in order to be dealt with according to law. 3. The options for release for a Criminal Code offence by an officer include the following and shall be conducted in accordance with Sections K(6-7): a. unconditional; b. diversion; c. Appearance Notice; d. Undertaking with mandatory conditions; e. Undertaking with mandatory and additional conditions. Additional conditions need to be reasonable in the circumstances of the offence and necessary to; i. ensure attendance in court; ii. protect the safety and security of any victim of or witness to the offence; or iii. prevent the continuation or repetition of the offence or the commission of another offence. 4. When determining the proper method of release, officers shall consider the following: a. principle of restraint; b. when is the earliest reasonable opportunity to release; c. the least onerous conditions that should apply in the circumstances; d. release conditions shall relate to the specific circumstances of the accused and the offence; e. release conditions shall be realistic and the accused should be able to comply with conditions; and f. whether the release is appropriate, reasonable and practical. 5. When a decision has been made to either release the accused or hold them for show cause, the officer shall document the reasoning for their decision in their notebook (e.g., what principles of release were considered, what risks were perceived, what conditions were used to mitigate these risks). 6. Appearance Notice a. When considering releasing an accused person on an Appearance Notice, the officer shall consider the following: i. is the offence of a serious nature; ii. is it in the interest of the public to release the accused; iii. has the identity of the accused been established; iv. is there any evidence to secure; v. is there the possibility of the continuation of the offence; and vi. is there a concern for the safety of a victim or witness. b. When a decision has been made to release on an Appearance Notice, the officer shall create two copies. The accused is to sign both copies. A lack of signature does not invalidate the release. Provide a copy of the release document to the accused. 7. Undertaking a. When considering whether to release an accused on an Undertaking who is not at a police facility (e.g., roadside release), the officer shall: i. consult with a confirmed rank supervisor or permanent acting sergeant regarding the release; ii. if applicable, determine if any additional conditions shall be placed on the accused; and iii. upon confirmation that the person is eligible for release, follow the steps listed in Section K(7)(b)(iii)(I-III) of this Procedure. b. When considering whether to release an arrested person on an Undertaking from a police facility, the officer shall: i. determine if the person is eligible for release based on the criteria outlined in Section K(4)(a-f) and N(10)(a) of this Procedure; ii. if the person is eligible for release and at a police facility determine, if applicable, any additional conditions that shall be placed on the accused and present this information to a confirmed rank supervisor or permanent acting sergeant (Central Division officers only will present information to the Officer in Charge of Regional Prisoner Management); iii. upon confirmation from the supervisor (or supervisor of Regional Prisoner Management) that the arrested person may be released: I. obtain an identification date, if applicable, using the fingerprinting application or if at a police facility where fingerprinting services are available, offer the accused the opportunity to be fingerprinted and photographed prior to release; II. obtain a court date approximately six weeks after the arrest date. Charges of Domestic Violence and Impaired Driving will have the next available court date following the identification date. All selected court dates must follow the first Appearance Court Schedule; and III. create two copies of the Undertaking. The accused is to sign both copies. A lack of a signature does not invalidate the release. Provide a copy of the release document to the accused. 8. Once a person is released by means of an Appearance Notice or Undertaking, prior to clearing the incident or logging off end of shift, the investigating officer shall: a. email a copy of the original release document(s) to CPIC (cpic@wrps.on.ca); b. complete the name and arrest information, charge wording and guilty plea synopsis; c. ensure a crown brief containing the release document(s) is submitted to the patrol supervisor at the division where the incident occurred; and d. if federal charges are being laid (i.e., Controlled Drugs and Substances Act), submit the provincial charges in a separate crown package for a normal provincial court date. Be sure to articulate in each package’s guilty pleas synopsis, the related charges laid. Confirmed Rank Supervisor or Permanent Acting Sergeant 1. A confirmed rank supervisor or permanent acting sergeant shall: a. when advised by an officer of their desire to release an accused on an Undertaking (with or without additional conditions) from the roadside, consult with the officer and confirm the appropriateness of the release. Factors to consider include those listed in Section K(4)(a-f) and N(10)(a) of this Procedure; b. when advised by an officer of an arrest on a criminal offence warrant and they wish to release the accused at the roadside, provide direction as to whether the arrested person is to be released at the roadside or transported to a police facility; and c. when consulting with an officer on a release, note the consultation and reason for release in their notebook. Officer in Charge of Regional Prisoner Management 2. For Central Division only, the Officer in Charge of Regional Prisoner Management shall: a. be responsible for the duties of the patrol supervisor as outlined in Section N(2-3)(6- 7)(9-10) of this Procedure; b. complete a Custody Pre-Booking Form with the arresting officer and determine if an arrested person will be transported to Regional Prisoner Management, hospital or released at the roadside; c. if a confirmed rank or permanent acting sergeant, be responsible for the release of any prisoner; d. if an acting sergeant, consult with a confirmed rank or permanent acting sergeant prior to the release of any prisoner and note the consultation and reason for release; e. ensure records pertaining to arrests are kept current through the use of cell block detention records, detain sheets or custody arrest reports. Such records include any updates or notations that may be required under the Prisoner Care and Control Procedure (e.g., movement of prisoner); and f. ensure that any officer who is not directly involved in the arrest or care and control of a prisoner, does not have access to that prisoner without informing the supervisor of the reason. Access to the prisoner shall be restricted to legitimate investigative or administrative needs. Patrol Supervisor 1. For Central Division only, the patrol supervisor shall comply with Section M(1) of this Procedure, as necessary. 2. When notified of an arrest on a warrant held by our Service, the patrol supervisor shall ensure: a. the warrant is properly executed; and b. if the person is transported to Regional Prisoner Management assist in determining if they are to be held for a show cause or WASH court hearing after considering and weighing the factors in Section K(4) per Bill C-75. 3. When notified of an arrest on an endorsed warrant and the accused is in custody at a police facility, the patrol supervisor shall: a. review documentation provided by the arresting officer and may release the person on an Undertaking, when appropriate; b. if the person is not eligible for release: i. note the reason and advise the arresting/investigating officer; ii. advise the arresting officer to transport the prisoner to Regional Prisoner Management; and iii. ensure the arrest report details the reason(s) for continued detention. 4. When notified that an arrest has been made within the Region on a warrant held by another Service, the patrol supervisor shall ensure the other Service has been notified via CPIC and if: a. the other Service will return, make arrangements for transportation of the person and advise the arresting officer; b. the warrant is endorsed and requested by the other Service, give consideration to releasing the accused on an Undertaking from the other Service; or c. the other Service will not return, consult with the RTOC supervisor to determine if the accused can be delivered to the Service that holds the warrant. 5. When notified by the RTOC that a person the Service holds a warrant for has been arrested by another Service, the patrol supervisor shall: a. review the totality of the circumstances with the RTOC supervisor to assist in determining if the accused will be returned; b. assign the appropriate number of resources if a return has been approved by the RTOC supervisor; c. if the accused is eligible to be released on a WRPS Undertaking assign a member (e.g. front desk officer) to facilitate the release with the arresting officer from the other Service and ensure the assigned member completes the steps outlined Section E(8). 6. When notified of an arrest on the strength of a POA warrant, the patrol supervisor shall: a. ensure every effort is made to release the prisoner, regardless of whether the warrant is endorsed or not, when the individual cannot be brought before the court during regular court hours unless grounds are present to hold the prisoner for show cause court; b. ensure compliance with Section F of this Procedure; c. release the arrested person on a Form 134 if they are at a police facility and should not be held for court; d. ensure the arrested person understands and signs the release document, if applicable and receives a copy; and e. if the person is not eligible for release, note the reason and advise the arresting officer to transport the person to Regional Prisoner Management to be held for a weekday show cause court hearing. 7. When notified of an arrest on the strength of a FLA warrant, the patrol supervisor shall: a. ensure compliance with Section G of this Procedure; b. release the person on a Form 134, when the person is arrested unless compelling information exists to hold the person for court during regular hours; c. if there is a concern regarding the release of the person, notify the Duty Officer regarding the intention to hold the person in custody; d. advise the arresting officer to transport the person to Regional Prisoner Management, if they are to be held in custody; and e. if the warrant involves a charge other than Fail to Appear and instructions for detention or release accompany the warrant, ensure the person is processed as instructed. If instructions do not accompany the warrant, notify the Duty Officer and proceed as directed. 8. When notified of an arrest by Order of Committal, the patrol supervisor shall contact the named detention facility and ascertain if the prisoner can be transported directly to the facility and if the facility will: a. accept the prisoner: i. make arrangements for the transportation of the prisoner and advise the arresting officer; and ii. contact the supervisor of the Court Prisoner Management facility to determine if transportation can be arranged through the OPP Offender Transport Unit; or b. not accept the prisoner: i. notify the arresting officer to transport the prisoner to Regional Prisoner Management; and ii. notify the supervisor of Regional Prisoner Management that the prisoner is to be held awaiting transport to the detention facility. 9. When notified of an arrest on the strength of a Civil Court Contempt or Small Claims Contempt warrant, the patrol supervisor shall: a. ensure compliance with Section I of this Procedure; and b. release the person on a Form 134 when permitted by the warrant or advise the arresting officer to transport the person to the location specified on the warrant. 10. When releasing a prisoner on an Undertaking with or without additional conditions, the patrol supervisor shall: a. release the prisoner in accordance with the Criminal Code and after consideration, including but not limited to the following information: i. the seriousness and nature of the charge(s); ii. outstanding warrants or charges; iii. previous criminal history; iv. previous charges of Failure to Appear; v. the condition of the person (e.g., level of intoxication); vi. provisions of the Bail Reform Act; and vii. the need for release conditions; b. cause the prisoner to enter into an Undertaking with additional conditions, if necessary, in accordance with the Criminal Code; c. explain the release document(s) to the prisoner and have them sign the document(s); and d. ensure compliance with Section K of this Procedure. 11. When notified of a spontaneous demonstration/civil disturbance where it appears multiple arrests may be required, the patrol supervisor shall: a. ensure a field supervisor has been dispatched and is responding to the scene; b. notify the RTOC supervisor to ensure a sufficient number of officers have been assigned to the scene; c. notify the Divisional Senior Leader/Duty Officer; d. monitor the situation and attend the scene if required; e. ensure a major incident commander has been requested and comply with the Major Incident Command Procedure; and f. assume command and control until relieved by a major incident commander. Real Time Operations Centre Supervisor 1. When notified that an arrest has been made within the Region on a warrant held by another Service and that Service is not in a position to return the accused, the RTOC supervisor shall: a. determine in consultation with the patrol supervisor if the accused can be delivered to the Service that holds the warrant, considering the circumstances (e.g. seriousness of the charge, distance to deliver the accused, staffing levels); b. if required consult with the Divisional Senior Leader/Duty Officer for assistance or authorization; and c. coordinate the resources required to facilitate the prisoner transport to the jurisdiction, if applicable. 2. When notified that a person the Service holds a warrant for has been arrested by another Service, the RTOC supervisor shall: a. review the totality of the circumstances and determine if the person will be returned including: i. if the warrant is endorsed or unendorsed; ii. the return radius assigned to the warrant; iii. seriousness of the charges; iv. victim and public safety; v. time elapsed since the issuance of the warrant; vi. staffing levels; vii. additional charges laid by the other Service; and viii. any other relevant information for consideration; b. if not authorizing a return or release on an Undertaking and the warrant is endorsed, advise the other Service to release the accused and notify the Court Case Manager by email (ccm@wrps.on.ca) of the reasons; c. if authorizing the release of the accused on an Undertaking and the warrant is endorsed, request the IMS assigned to CPIC inquire if the other Service will release the arrested person on a WRPS Undertaking: and i. if they will release, request the patrol supervisor from the originating division of the warrant assign a member to facilitate the release with the arresting officer from the other Service; or ii. if they will not release, consult with the patrol supervisor from the originating division of the warrant to assign a member to attend the accused’s location to issue the Undertaking if it falls with the radius of the warrant and is reasonable in the circumstances; d. if not authorizing the release of an accused on an endorsed warrant or the warrant is unendorsed, determine in consultation with the patrol supervisor from the originating division if the return is approved, and; i. request members from the originating division or court services, as applicable, be assigned to complete the transport; or ii. consult with additional patrol supervisors to have members assigned to complete the transport; e. if consideration is being given to not return the accused (e.g. return radius exceeded) and the warrant is unendorsed: i. if seeking authorization to return, request the other Service hold the accused; ii. for a violent or a serious matter consult with the on-duty or after-hours crown attorney for authorization to return to ensure the decision would not impede a successful prosecution (e.g. “Jordan Clock”); iii. consult with a Divisional Senior Leader/Duty Officer for authorization as required; iv. if a return is authorized follow the process set out in Section O(2)(d); or v. if a return is not authorized, notify the Court Case Manager by email (ccm@wrps.on.ca) of the reasons. Supervisor Performing Case Management 1. The supervisor performing case management shall review arrest reports on NICHE RMS and ensure compliance with this Procedure. Attendance Management and Support Definitions 1. For the purpose of this Procedure: a. administrative leave – means a temporary period of absence from the workplace for a reasonable period, as at the sole discretion of the Service. During this period the member is relieved of all or a portion of their duties and responsibilities, and is not permitted to attend the workplace. There is no reduction in a member’s pay or benefits during this period of leave; b. administrator – means an independent, third-party provider of the adjudication and/or disability case management services; c. annual attendance threshold – means the threshold, in hours, that is used to determine when a member will be required to participate in the Attendance Support Program; d. attendance support program – means a non-disciplinary process that shall be utilized by a supervisor and Human Resources to manage innocent absenteeism; e. bereavement leave – means the paid time off granted for the purpose of attending the funeral of an immediate family member and/or matters relating to the death of a family member in accordance with the applicable Collective Agreement; f. culpable absence – means an inappropriate absence from work warranting investigation and potential discipline up to and including dismissal. Pattern absenteeism may be considered a culpable absence; g. disability – means: i. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance device; ii. a condition of mental impairment or a developmental disability; iii. a learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; iv. a mental disorder; and/or v. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; h. family care leave – means an absence from work to provide emergent care for a dependent or family member, as stated in the applicable Collective Agreement; i. family sick leave – means an absence from work to facilitate/attend to emergent primary care for an ill dependent or ill family member, as stated in the applicable Collective Agreement; j. innocent absence – means an absence from work as a result of a disability or legitimate illness, injury or medical emergency. It can be characterized by frequent short periods of absence or an extended period of absence; k. member – means an employee of the Service; l. non-occupational injury/illness – means an injury or illness that does not occur on duty, as supported by objective medical documentation and confirmation of active treatment for the said illness or injury; m. occupational illness – means a condition resulting from exposure in a workplace to a physical, chemical or biological agent to the extent that a member’s normal physiological mechanisms or health are affected or impaired. This includes an occupational disease for which a member is entitled to benefits under the Workplace Safety and Insurance Act, as defined by the Occupational Health and Safety Act; n. occupational injury – means a physical or mental injury of a member that has arose out of and in the course and scope of their employment; o. on duty – means: i. regular scheduled shift; ii. lunch and break periods; iii. sanctioned overtime; iv. court attendance for work purposes (including when off duty or on a day off); v. sanctioned paid duty assignments; vi. participation in a Service sanctioned event or team in accordance with the Service Sanctioned Events and Teams Procedure; and vii. other activities as defined by the Workplace Safety and Insurance Board (WSIB); p. pattern absenteeism – means a regular series of absences from work that form an unacceptable and identifiable pattern (e.g., missing every Friday night shift); q. senior leader – means a sworn member of the Service holding a rank of Inspector or higher or a civilian member holding a position of Manager or higher; r. supervisor – means a sworn member holding the rank of sergeant or higher or a civilian member who is employed in a supervisory capacity and includes those in an acting capacity; and s. tardiness – means reporting late for a shift, including after lunch and break periods, or leaving work prior to the end of a scheduled shift without prior supervisor approval. Time Off Requests and Timecard Approval A request for time off shall be submitted by a member through the approved process. All requests for time off shall be reviewed by the Real Time Operations Centre (RTOC) or member’s supervisor, as applicable. 2. Timecards shall be reviewed and approved by the member and the RTOC supervisor or member’s supervisor, or designate. 3. A member’s sick, family care leave and family sick leave accruals are recorded. It is the member’s responsibility to verify these accruals each pay period and to be aware of their balances. 4. Sick leave accruals shall: a. primarily be used for the member’s own personal illness, injury or recovery. If a member requires time off for another reason (e.g., a sick dependent/family member or school closure), the absence shall be coded using the appropriate available leave (e.g., family sick leave or family care leave); b. not be used for a medical or dental appointment, unless preauthorized by a supervisor or in consultation with Human Resources and the Administrator, (e.g., specialist appointments), and shall be in accordance with Section F(2)(a); and c. if requested to be used for a medical or dental procedure, be agreed to by the supervisor or in consultation with Human Resources and preapproved through the Administrator on a case-by-case basis (e.g., minor surgery where it is known in advance that the member will miss two additional shifts for recuperation). Scheduling of Appointments 5. A member is expected to schedule a medical or dental appointment, including any required treatment or therapy, outside of work hours whenever possible unless otherwise ordered by the WSIB or as outlined in the Abilities Management Procedure or in accordance with Section E(4)(b) or Section E(4)(c). 6. When it is not possible to schedule a medical or dental appointment outside of work hours, the onus rests with the member to provide reasoning and the member shall: a. with prior approval from a supervisor schedule the appointment as close as possible to the beginning/end of shift or during lunch periods in order to minimize the impact to the work area; or b. submit a time off request through the approved process (e.g., overtime, statutory holiday or annual leave) in advance and prior to scheduling the appointment, when possible. Reporting Sick/Family Sick Leave/Family Care Leave 7. When a member becomes sick or requires family sick leave or family care leave while on duty, the member shall obtain authorization from their supervisor prior to their departure. 8. When a member becomes sick or requires family sick leave or family care leave while on duty, the supervisor shall, if the member belongs to an area managed by the RTOC, notify the RTOC supervisor immediately by telephone. 9. When a member is unable to report for duty and requires sick leave, the member shall: a. notify their immediate supervisor or, if unavailable, the on duty supervisor, or, if the member belongs to an area managed by the RTOC, directly call the RTOC supervisor by telephone, as applicable, at least one hour prior to the commencement of their shift, unless otherwise agreed to by the supervisor or in consultation with Human Resources and preapproved through the Administrator on a case-by-case basis (e.g., minor surgery where it is known in advance that the member will miss two additional shifts for recuperation); b. indicate whether: ii. the absence is the result of an illness, injury or medical emergency; or iii. the absence is due to an occupational injury/occupational illness or a non- occupational injury/illness; c. provide a medical note or documentation explaining the absence, if requested; d. verify their timecard reflects the appropriate absence upon return to work; and e. refer to the Abilities Management Procedure if the sick leave extends or is expected to extend, to more than five consecutive working shifts. 10. When a member is unable to report for duty and requires family sick leave or family care leave, the member shall: a. notify their immediate supervisor or, if unavailable, the on duty supervisor, or, if the member belongs to an area managed by the RTOC, directly call the RTOC supervisor by telephone, as applicable, at least one hour prior to the commencement of their shift; b. indicate whether the family sick leave is due to a dependent or family member’s illness, injury, or medical emergency; c. indicate whether the family care leave is due to emergent care for a dependent or family member; d. confirm the relationship to the family member; e. if requesting family care leave, obtain supervisor approval in accordance with the applicable Collective Agreement; f. verify their timecard reflects the appropriate absence upon return to work; and g. refer to Section I if the family sick leave or family care leave extends or is expected to extend beyond the amount permitted in the applicable Collective Agreement and requires a Family Status Accommodation. 11. When a member requires sick leave, the supervisor or, if the member belongs to an area managed by the RTOC, the RTOC supervisor shall: a. confirm whether the absence is required due to illness, injury or a medical emergency (note: medical notes or diagnosis shall not be requested); b. confirm whether the absence is due to an occupational injury/occupational illness or a non-occupational injury/illness; c. confirm the member has enough sick leave accrued to cover the period of absence. If the member does not have sufficient time accrued to cover the absence, make all reasonable efforts to notify the member that their absence will be unpaid; d. enter the appropriate absence in the member’s timecard; and e. refer to the Abilities Management Procedure if the sick leave extends or is expected to extend to more than five consecutive working shifts. 12. When a member requires family sick leave or family care leave, the supervisor or, if the member belongs to an area managed by the RTOC, the RTOC supervisor shall: a. confirm the absence is required to facilitate/attend to emergent primary care for a dependent(s) or family member(s). A supervisor may enquire as to the nature of the absence (i.e. injury, illness, medical emergency) but shall not ask for medical notes, medical conditions or diagnosis; b. obtain the member’s relationship to the family member and the anticipated duration of the absence; c. confirm the member has enough time in their family sick leave or family care leave accruals to cover the period of absence in accordance with the applicable Collective Agreement; d. approve family care leave in accordance with the applicable Collective Agreement; and e. enter the appropriate absence in the member’s timecard; and f. refer to Section I if the family sick leave or family care leave extends or is expected to extend beyond the amount permitted in the applicable Collective Agreement and requires a Family Status Accommodation. Innocent Absenteeism 13. All reported absences are considered innocent absences unless: a. there is evidence to suggest otherwise including evidence of it being a culpable absence or pattern absenteeism; b. the member does not cooperate in the Attendance Support Program when required; or c. the member does not provide reasonable and required information as outlined in this Procedure. 14. It is misconduct for a member to falsify reasons for absence and/or receive payment of sick leave benefits under false pretences. 15. If an innocent absence is suspected to be culpable absenteeism (including pattern absenteeism), the absence shall be dealt with in accordance with Section K and the member may be subject to investigation and/or potential discipline, up to and including termination of employment for cause. Family Status Accommodation 16. If a member requires a family status accommodation, they shall complete a Non-Medical Family Status form and advise their supervisor, in writing, of the circumstances including: a. the reasons for the proposed accommodated hours of work; b. type of duties proposed; c. time period/duration; d. alternative arrangements explored and why they are insufficient; e. date when the need for accommodation arose and the circumstances that led to the request; and f. how this will support the member’s ability to perform work duties. 17. Upon receipt of a Non-Medical Family Status form: a. a supervisor shall forward the form to the member’s Human Resources Business Partner and Senior Leader; b. the immediate supervisor shall meet with the Human Resources Business Partner and the member to review the request; c. the Human Resources Director, or designate, shall: i. meet with the supervisor and the member to review the request, if necessary; ii. determine if the request meets the criteria for a Family Status Accommodation and provide a recommendation to the Deputy Chief of Administration and Member Services; and iii. upon notification of a final decision regarding the Family Status Accommodation request, provide a memorandum to the member, supervisor and Senior Leader and maintain a copy in Human Resources; and d. the Deputy Chief of Administration and Member Services shall: i. consult with the Human Resources Director, or designate, as applicable, to approve or deny Family Status Accommodation requests; and ii. notify the Chief of Police of all approved Family Status Accommodations. Attendance Support Program 18. The goal of the Attendance Support Program is to provide a member with education, resources and support to help them achieve and maintain regular attendance at work. 19. Every member has a responsibility to attend work and carry out their assigned duties on a regular basis. Where a member is unable to attend work regularly it is their responsibility to actively participate in the Attendance Support Program. 20. A member’s attendance records will be monitored by Human Resources, in consultation with the member’s supervisor on a quarterly basis or as deemed appropriate in the circumstances. 21. The immediate supervisor, in consultation with the Human Resources Business Partner, shall ensure a member is included in the Attendance Support Program in a timely manner. If a supervisor is aware of any circumstances surrounding a member’s absence(s) which may make a member’s involvement in the Attendance Support Program inappropriate (e.g. serious illness or minor surgery), they shall notify Human Resources prior to the initiation of the step one meeting. 22. An immediate supervisor, with support from the Human Resources Business Partner, shall administer the Attendance Support Program in a fair and consistent manner, taking into account individual circumstances. 23. Participation in the Attendance Support Program may be a factor in a civilian job competition and/or sworn promotional or transfer process, when required to make accommodation considerations or if attendance is a bona fide requirement of the position applied for. 24. A member shall enter step one of the Attendance Support Program when their sick leave absences reach or exceed the annual attendance threshold. 25. The following member absences and leaves shall not be a contributing factor for inclusion in the Attendance Support Program: a. culpable absence (which shall be dealt with in accordance with Section K); b. family sick leave or family care leave; c. paid or unpaid Employment Standards Act (ESA) statutory leave; d. maternity and parental leave; e. WSIB approved absence; f. bereavement leave; g. administrative leave; h. annual leave, accrued leave and statutory holiday leave; i. banked overtime taken; j. unpaid leave of absence; k. major personal illness or injury, as approved by the Administrator (e.g., cancer treatment, stroke, recovery from motor vehicle accident); l. sick leave, as approved by the Administrator; m. medically necessary surgery where the member is under the care of a physician and admitted to hospital. This must be supported by objective medical evidence submitted through the Administrator; and n. absences, including partial shifts, pre-approved by the Administrator under a member’s approved medical accommodation plan. 26. If a member is required to be absent under Public Health authority, their absence may be considered for exemption under Section J(8) pending the decision of the Abilities Management Specialist, in consultation with the Administrator. 27. When a member approaches the annual attendance threshold, they will be notified by their supervisor that future absences may be in excess of the Service average and advised of available supports and resources to assist in achieving regular attendance. 28. Step One: Support and Awareness a. A member who enters step one of the Attendance Support Program shall attend an in-person meeting with their immediate supervisor, as soon as practicable. b. In consultation with the Human Resources Business Partner, the supervisor shall: i. advise the member of their attendance issues and why they are of concern; ii. emphasize that improvement is expected; iii. inquire as to any barriers the member might be facing in attending work; iv. offer available support and resources to the member to assist them in achieving regular attendance; v. refer the member to the Abilities Management Specialist if a disability-related need is identified as a barrier; vi. document the meeting on the Step One: Support and Awareness Letter; vii. provide the original completed Step One: Support and Awareness Letter to Human Resources and ensure a copy is provided to the member and the member’s Senior Leader; viii. refer to Section K if culpable or pattern absenteeism is suspected; and ix. following the conclusion of the meeting, review the member’s attendance for improvement for a period of six months. c. If at the conclusion of the step one review period the member has experienced: i. less than half of the annual attendance threshold, they will be notified in writing by Human Resources that they are exiting the Attendance Support Program; or ii. greater than or equal to half the annual attendance threshold, the member will move to step two of the Attendance Support Program. 29. Step Two: Attendance Concern a. A member who enters step two of the Attendance Support Program shall attend an in-person meeting with their immediate supervisor and a Human Resources Business Partner, as soon as practicable. b. In consultation with the Human Resources Business Partner, the supervisor shall: i. advise the member that their attendance continues to be of concern; ii. emphasize that improvement is expected; iii. inquire as to any barriers the member might be facing in attending work; iv. offer available support and resources to the member to assist them in achieving regular attendance; v. advise the member that continued attendance concerns and excessive absenteeism may lead to disciplinary action up to and including termination; vi. refer the member to the Abilities Management Specialist if a disability-related need is identified as a barrier; vii. document the meeting on the Step Two: Attendance Concern Letter; viii. provide the original completed Step Two: Attendance Concern Letter to Human Resources and ensure a copy is provided to the member and the member’s Senior Leader; ix. refer to Section K if culpable or pattern absenteeism is suspected; and x. following the conclusion of the meeting, review the member’s attendance for improvement for a period of six months. c. If at the conclusion of the step two review period the member has experienced: i. less than half of the annual attendance threshold, they will be notified in writing by Human Resources that they will return to step one for an additional six month review period prior to being considered for exit from the Attendance Support Program; or ii. greater than or equal to half the annual attendance threshold, the member will move to step three of the Attendance Support Program. 30. Step Three: Continued Concern a. A member who enters step three of the Attendance Support Program shall attend an in-person meeting with their immediate supervisor, a Human Resources Business Partner and the member’s Senior Leader, as soon as practicable. b. A member may request an Association representative to attend the meeting. c. In consultation with the Human Resources Business Partner, the supervisor shall: i. advise the member that their attendance continues to be of concern; ii. emphasize that improvement is expected; iii. inquire as to any barriers the member might be facing in attending work; iv. offer available support and resources to the member to assist them in achieving regular attendance; v. advise the member that continued attendance concerns and excessive absenteeism may lead to disciplinary action up to and including termination; vi. refer the member to the Abilities Management Specialist if a disability-related need is identified as a barrier; vii. create a formal Attendance Improvement Plan which may include, but is not limited to: I. mandatory referral to the Abilities Management Specialist; II. mandatory referral to the Administrator’s Attendance Support Program; III. requirement that the member provide medical documentation for subsequent absences; and IV. a Functional Ability Evaluation (FAE) and/or Independent Medical Examination (IME) to be completed by a qualified medical practitioner; viii. document the meeting on the Step Three: Continued Concern Letter; ix. provide the original completed Step Three: Continued Concern Letter to Human Resources and ensure a copy is provided to the member and the member’s Senior Leader; x. refer to Section K if culpable or pattern absenteeism is suspected; and xi. following the conclusion of the meeting, review the member’s attendance for improvement for a period of six months. d. If at the conclusion of the step three review period the member has experienced: i. less than half of the annual attendance threshold, they will be notified in writing by Human Resources that they will return to step two for an additional six month review period. In total, the member must demonstrate 18 consecutive months of adequate attendance prior to being considered for exit from the Attendance Support Program; or ii. greater than or equal to half the annual attendance threshold, the member will move to step four of the Attendance Support Program. 31. Step Four: Attendance Review a. A member who enters step four of the Attendance Support Program shall attend an in-person meeting with their immediate supervisor, a Human Resources Business Partner, the Human Resources Director or Organizational Development and Culture Manager and the member’s Senior Leader, as soon as practicable. b. A member may request an Association representative to attend the meeting. c. In consultation with the Human Resources Business Partner, the supervisor shall: i. advise the member that their attendance issues are of concern; ii. emphasize that improvement is expected; iii. inquire as to any barriers the member might be facing in attending work; iv. offer available support and resources to the member to assist them in achieving regular attendance; v. advise the member that continued attendance concerns and excessive absenteeism may lead to disciplinary action up to and including termination; vi. refer the member to the Abilities Management Specialist if a disability-related need is identified; vii. review the Attendance Improvement Plan with the member; viii. document the meeting and Attendance Improvement Plan on the Step Four: Attendance Review Letter; ix. provide the original completed Step Four: Attendance Review Letter and Attendance Improvement Plan to Human Resources and ensure a copy is provided to the member and the member’s Senior Leader; x. refer to Section K if culpable or pattern absenteeism is suspected; and xi. following the conclusion of the meeting, review the member’s attendance for improvement for a period of six months. d. If at the conclusion of the step four review period the member has experienced: i. less than half of the annual attendance threshold, they will be notified in writing by Human Resources that they will return to step three for an additional six month review period. In total, the member must demonstrate 24 consecutive months of adequate attendance prior to being considered for exit from the Attendance Support Program; or ii. greater than or equal to half the annual attendance threshold, the member will move to step five of the Attendance Support Program Decision. 32. Step Five: Employment Decision a. A member who enters step five of the Attendance Support Program shall have their employment reviewed by the Human Resources Director, in consultation with the Deputy Chief of Administration and Member Services, the Labour Relations Director, the Abilities Management Specialist and the member’s Senior Leader who shall make a recommendation regarding the member’s employment based on: i. the member’s attendance history; ii. the prognosis of the member being able to attend work regularly going forward; and iii. any other relevant mitigating factors. b. At the conclusion of this review, a final recommendation shall be made to the Deputy Chief of Administration and Member Services regarding: i. termination for frustration of the employment contract; ii. moving to part-time employment status; or iii. other solution as may be appropriate. Culpable Absenteeism 33. Culpable absenteeism is distinct from innocent absenteeism and shall be subject to review and disciplinary procedures of the Service. 34. Culpable absences shall not be included in a member’s attendance record and are not captured under the Attendance Support Program as they are to be dealt with through progressive discipline. Examples of culpable absences include: a. deceit (e.g., calling in sick to attend a social event); b. excessive/habitual tardiness; c. leaving work early or coming to work late without notification to a supervisor; d. absence without leave or notification; e. abuse of a leave period; f. providing a false explanation for an absence; g. unsubstantiated absence where evidence was required and not provided (e.g., objective medical documentation required to substantiate absence is not provided); and h. pattern absenteeism (e.g., regularly calling in sick on specified days, prior to an annual leave period, on a specific block, etc.) 35. It is misconduct for a member to falsify reasons for their absence and/or to receive payment of sick leave benefits under false pretenses. A member who demonstrates such misconduct may be subject to investigation and disciplinary action up to and including termination of their employment. 36. Upon becoming aware of a potential culpable absence: a. a supervisor shall report through the chain of command to the member’s Senior Leader; and b. a Senior Leader shall consult with the member’s immediate supervisor, the Human Resources Business Partner and, if required, the Labour Relations Director, the Human Resources Director and applicable Deputy Chief to determine the appropriate investigative processes and disciplinary action. Body-Worn Camera B. Definitions 1. For the purpose of this Procedure: a. activation - means any process which causes the Body-Worn Camera to record audio and/or video data; b. Body-Worn Camera (BWC) – means a recording device intended to capture footage during the course of an officer’s duties; c. BWC program supervisor – means the Innovation and Modernization Sergeant; d. call for service – means an incident attended by an officer(s) in response to a call for assistance or service or other interaction relating to investigative or law enforcement purposes, including but not limited to when an officer is engaged in an investigative detention, apprehension under the Mental Health Act, interactions with person(s) in crisis, crimes or offences in progress, investigations, and public disorder issues, etc.; e. citizen interaction – means an interaction with any citizen while conducting any investigation or enforcement activity; f. compelling public interest – means an interest, as determined by the Chief of Police, where there is a relationship between the BWC recording and the Service’s central purpose of transparency on the operations of the Service or the actions of its members; the BWC recording may provide transparency to the community and/or inform the Board to in their decision making and/or to express public opinion; and, where the interest is more public than private in nature or the private interest (including personal information can be obscured or edited); g. covert – means not openly acknowledged or displayed; h. deactivation – means the termination of video recording; i. Digital Evidence Management System (DEMS) – means a cloud-based system that allows users to manage, review and share digital evidence that includes audio, video and image files; j. In-Car Camera (ICC) – means an approved and issued vehicle mounted camera system with portable microphone(s) used to audio and video record incidents and interactions through both automatic and manual activation; k. muted – means the deactivation of audio recording while still video recording; l. overt – means shown openly, plainly or readily apparent, not secret or hidden; m. personal information – means, as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), recorded information about an identifiable individual including: i. information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual; ii. information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; iii. any identifying number, symbol or other particular assigned to the individual; iv. the address, telephone number, fingerprints or blood type of the individual; v. the personal opinions or views of the individual except if they relate to another individual; vi. correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; vii. the views or opinions of another individual about the individual; and viii. the individual’s name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; n. pre-event buffering – means the buffered video, excluding audio, captured 30 seconds directly before the activation of the BWC; o. private place - means any place where a person(s) enjoys a reasonable expectation of privacy; p. public place – means any place to which the public have access as a right or by invitation, expressed or implied; and q. stealth mode – means a mode on the BWC where the camera’s lights and sounds are suppressed, even though recording continues. This is to be used only on rare occasions, and only for officer safety, pursuant to this Procedure. General 2. A BWC is an overt recording device used to assist an officer in the lawful execution of their duties. BWC is intended to capture investigative and enforcement activities and is not intended for 24 hour recording. 3. The main objectives for use of a BWC include to: a. enhance public trust, confidence, and accountability in the police; b. capture an accurate record of police interactions with the public; c. enhance public and officer safety; d. strengthen the commitment to bias neutral service delivery by officers to the public; e. provide improved evidence for investigative, judicial and oversight purposes; f. contribute to fair and timely resolution of complaints; and g. provide information as to the effectiveness of Service procedures and training. 4. The BWC shall only be used by a member who has successfully completed the required training and is authorized to use the equipment. 5. An officer equipped with a BWC shall record all investigative and enforcement activities in compliance with this Procedure. 6. An interaction between the police and the public shall not be covertly recorded without a judicial authorization. 7. There may be instances where a citizen objects to being recorded by BWC. In the absence of any legal limitation outlined within this procedure, officers are not required to turn off the camera and are permitted to continue recording. 8. A BWC is not intended to be used as a substitute for proper note taking. The recordings are designed to support member’s observations and shall supplement, not replace, detailed notes and applicable reports. 9. A BWC is not intended to be used as a replacement for handwritten statements normally taken for investigative purposes. The camera will continue to record while a statement is being taken. 10. Officers shall not record formal statements using the BWC normally taken at a police facility, including but not limited to, KGB statements. Those statements are to be conducted at a police facility, unless exigent circumstances exist or with the approval of a supervisor. 11. BWC recordings shall not be used to replace photographic or video evidence normally captured by Forensic Identification. 12. Buffered video is recorded directly before the activation of the BWC. The Service has set a pre- event buffering time limit. The BWC continuously records in a 30 second time limit when not activated. There is no audio captured during this process. 13. BWC recordings may be reviewed and/or subject to audits by authorized members to ensure procedural compliance, lawful use, complete performance assessments, and support training improvements and requirements. 14. In circumstances where the Special Investigations Unit (SIU) mandate has been invoked, the SIU will be the lead investigative agency and the Service shall not release BWC recordings to the public. Any decision to release footage in this circumstance will be made by the SIU. 15. In cases where the SIU is not involved or their involvement has ceased the Service may release BWC recordings to the public where such recordings depict interactions with members of the public where a compelling public interest exists, such as valiant interactions or allegations of discreditable conduct, misconduct or excessive use of force by members. Compelling public interest releases will only occur with the explicit authorization of the Chief of Police and keeping in mind the concept of consistent purpose, ensuring non-violation of legislation (e.g., MFIPPA, Youth Crimnal Justice Act (YCJA), Police Services Act) or court order, and redacting of any personal information, if possible and applicable. Where a specific request for such a release has been made to the Chief of Police and the request is denied, the Chief of Police will issue an explanation for that decision. 16. BWC recordings shall be redacted, as necessary, by the Digital Disclosure Team or Access to Information in accordance with this Procedure, as applicable. 17. A BWC is to be used for lawful police purposes only and not for personal use. 18. Altering, duplicating, deleting or destroying BWC recordings is strictly prohibited except by authorized personnel or as directed by Procedure. 19. A member shall not duplicate, record, release, or share any BWC recording without authorization or as permitted by a lawful justification or procedure. 20. The rules governing the collection, use, retention, disclosure, security of review, and BWC recordings are contained in MFIPPA and the YCJA. 21. In consideration of the nature of the information on the recordings and the Service’s obligation to protect and uphold personal information, the dignity of individuals and the oath of secrecy, unauthorized use, misuse in breach of this or any other Procedure (e.g., Protection of Personal Information and Privacy Breaches, Use of Technology, etc.), or use in violation of the law (e.g., the Criminal Code, YCJA, MFIPPA, judicial authorization) may be subject to appropriate discipline. 22. BWC recordings are the property of the Service and may be subject to: a. court or tribunal disclosure/production; b. MFIPPA requests; c. third party sharing in accordance with legislation and Service procedures; d. the YCJA and its restrictions; or e. any other applicable law or court order. 23. While BWC recordings are considered records of the Service for the purpose of MFIPPA and court/tribunal disclosure or productions, if the record is or is likely to be used in a proceeding, it is also considered evidence and rules surrounding access, collection, use, and retention may be different (see Section F). 24. Requests for a copy of a BWC recording from a member of the public or third-party agency shall be directed to Access to Information, except for compelling public interest releases, which shall be referred to the Office of the Chief of Police. 25. Requests for redaction of a BWC recording for court disclosure shall be directed to the Digital Disclosure Team. Body-Worn Camera Evidence for SIU 26. Officers may review their BWC recordings in accordance with Section F(2) relating to incidents that are investigated by the SIU, but have the option of abstaining from viewing, if the member believes that reviewing it would be harmful to their wellness or would detract from their independent recollection of events. 27. The supervisor of an officer(s) involved in a SIU related incident must ensure the BWC evidence is reassigned to Professional Standards as owner and evidence group in DEMS. 28. Any video capturing officer notes must have those images of notes redacted before being shared with the SIU. 29. Any BWC recordings that will be disclosed to the SIU shall be redacted by Professional Standards or Access to Information at the direction of Professional Standards, as required. Officer 30. An officer shall: a. not use a BWC without having successfully completed the prescribed training; b. once equipped with a BWC, use and wear the BWC assigned to them and in accordance with the prescribed training and this Procedure; c. report all malfunctions to their supervisor and the Information Technology Help Desk forthwith; d. shall report any loss, damage or theft of their BWC to their supervisor forthwith and comply the Issued Equipment and Uniforms and the Protection of Personal Information and Privacy Breeches Procedures; e. not modify or attempt to modify any permanent settings or components of the BWC; f. once trained, wear a BWC when performing frontline patrol duties and where a BWC is available for use, including paid duties; g. when contents of the recording may provide evidence, review their BWC recording once initial notes are complete. Upon reviewing the recording: i. make a notebook entry that the recording was viewed and when; and ii. make any additional notes as a result of reviewing the recording; h. should privileged information from a confidential informant, source or agent be captured spontaneously, accidentally, or unexpected by the BWC: i. continue to record the interaction; ii. stop the person from disclosing their informant status; iii. comply with the Confidential Informants and Agents Procedure; and iv. immediately notify their supervisor and Human Source Management via email at CIController@wrps.on.ca of the following: I. name, badge number, and unit; II. details and the circumstances of the recording; III. BWC identifying number; and IV. date and time of recording; i. when completing notes in relation to an investigation or enforcement, include: i. a notation that a BWC recording of the event exists; ii. a notation of any review of the BWC recording; and iii. if necessary, an addendum to the notes based on the review of the BWC recording. j. at the end of shift, return the BWC to the docking station; k. when granted access to another member’s recording, not provide access to the recording or otherwise disclose it to other members or any external body or individual without lawful authority or in a manner contrary to Procedure. All such access and related activity is recorded within the meta-data of the DEMS and is auditable; l. note in the guilty plea narrative for court disclosure where BWC footage is available to acknowledge the video exists and provide a brief summary of the video contents; and m. prior to appearing in court as an investigating officer or witness, review any relevant BWC recording related to their incident, unless directed otherwise by a supervisor, the SIU, Crown, Legal Services, or any outside legal representation defending the Service/member. Supervisor 31. A supervisor shall: a. ensure that officers assigned a BWC have successfully completed the prescribed training and determine additional training needs as appropriate; b. when supervising officers equipped with a BWC: i. ensure officers are wearing the BWC according to training and this Procedure; ii. inspect all BWC equipment assigned to their area monthly, and ensure any deficiency or malfunctioning equipment is attended to as soon as practicable; iii. review at least one BWC recording during a mandated PDU meeting in accordance with Section F(5) to: I. ensure officers are using the BWC in accordance with the law, training and Service procedure; and II. determine if any additional training is required; and iv. review recordings, where applicable, to assist in the resolution of a public complaint in compliance with the Public Complaints and Chief’s Complaints Procedure (unless subject to an SIU investigation); c. when attending or involved in an incident where the mandate of the SIU has been or may be invoked: i. remind officers that they may review their BWC in accordance with Section F(2), but they may also choose not to review it if they believe it would be harmful to their well being or would interfere with their independent recollection of events; and ii. shall ensure that BWC evidence is reassigned to Professional Standards as the owner and evidence group in DEMS. d. upon becoming aware that a malfunction has occurred with a BWC, the supervisor shall ensure: i. the BWC is returned to the Information Technology Help Desk; and ii. a replacement BWC is issued to the officer where possible and recorded by the Information Technology Help Desk; e. upon becoming aware of any loss, damage or theft of a BWC, or of any unauthorized access to BWC recordings, report it to the Information Technology Help Desk and ensure compliance with applicable Service procedures; and f. report any privacy incidents or privacy breaches, which may relate to loss of theft of a BWC, in accordance with the Protection of Personal Information and Privacy Breaches Procedure; and g. review the BWC recordings of an officer they supervise, as applicable, for the purpose of assessing performance concerns and the validity of internal or external complaints. Confidential Informants and Agents Definitions 1. For the purpose of this Procedure: a. agent – means someone who is contracted, with or without payment, by the Service to assist with an investigation by collecting information/evidence and/or introducing police officers to the target(s) of an investigation. An agent takes direction from an agent handler on behalf of the Service. Information provided by agents will be shared with the defence and agents are generally required to testify in court. No privilege attaches to information provided by an agent. An agent must be approved by the Intelligence Services Inspector and/or the Investigative Services Superintendent in conjunction with the Deputy Chief of Neighbourhood Policing and Investigations; b. agent handler – means an officer who has been designated by the Officer in Charge of Criminal Intelligence and has completed the training required by the lawful justification section of the Criminal Code; c. agent provocateur - means someone who is a confidential informant or agent who deliberately, by harassment or threats, instigates or provokes a person into committing an illegal act that the person would not normally commit and thereby entraps the person; d. alternate handler – means the officer(s) accompanying the primary CI handler to meetings with a CI; e. anonymous tipster - means someone who provides information to a law enforcement agency whose identity is not known to the agency and who requests either explicitly or implicitly that their identity remain confidential; f. confidential – means legally privileged and not subject to disclosure in court or otherwise; g. confidential informant (CI) – means a person who is registered with Criminal Intelligence and voluntarily provides information of some usefulness or interest to the Service with the explicit or implicit expectation of confidentiality. A CI cannot be given any direction with regard to providing information and it must be of their own accord; h. confidential informant controller – means a member of the Service designated by the Officer in Charge of Criminal Intelligence who supervises Human Source Management ensuring effective control and accountability; i. confidential informant level I – means a CI who provides basic information; j. confidential informant level II – means a CI who provides information above and beyond that of a CI level 1 and: i. is multi-jurisdictional in nature; ii. relates to terrorism or may affect national security; iii. involves organized crime; iv. is beyond the resources or abilities of the prospective CI handler; or v. is a young person; k. confidential informant handler level I – means an officer who handles a CI level I. A CI handler level I must have the knowledge, skills and abilities and complete the required courses as outlined in the Confidential Informants and Handlers Directive; l. confidential informant handler level II – means an officer who has been registered by the CI controller as a CI handler level II. This officer must have demonstrated proficiency in the handling of CI’s and has completed one or more of the required courses as outlined in the Confidential Informants and Handlers Directive; m. confidential informant notebook – means a notebook issued for the purposes of making notes regarding meetings with and/or information received from a CI or agent; n. confidential informant payment – means financial compensation paid to a CI by the Service; o. Confidential Informer Management System (CIMS) – means the database that is used for reporting and management of CI’s and CI related activities and tasks; p. de-registered confidential informant – means a CI who has been removed from the list of active CI’s; q. excluded relationship – means any familial, intimate relationship, friendship, business partnership or relationship involving employment, contracts or regular contact for business purposes including co-workers; r. in-custody informer – means someone who allegedly receives one or more statements from an accused person while both are in custody related to an offence(s) that occurred outside the custodial institution. An in-custody informer will be treated as a witness in accordance with the Ontario Major Case Management Manual; s. informer privilege – means the rule of informer privilege that was developed to protect citizens who assist in law enforcement and to encourage such assistance. As such, the rule is of fundamental importance. Informer privilege prevents not only disclosure of the name of the informant, but of any information that might implicitly reveal their identity (see R. v. Leipert). Informer privilege shall be respected scrupulously. The police and the courts are bound to protect the identity of a CI. Informer privilege is subject to the innocence at stake exception; t. innocence at stake – means the defence in a court case must show that without the identity of the informant being revealed, the accused’s innocence is at stake. Some examples of when this can occur include when the defence shows that the CI was a material witness to the crime, or while acting as an agent provocateur, entrapped the accused; u. personal file server – means a member’s personal password protected folder on the Service’s server; v. source – means any person who supplies information to the police with or without the understanding that their identity will remain confidential. A source may or may not be a CI. The information provided by a source may not remain confidential. A source may be identified and may be compelled to testify. Examples of sources include: i. witness means a person who can give a firsthand account of something seen, heard or experienced; ii. confidential informant; iii. agent; iv. anonymous tipster or Crime Stoppers tipster; and v. agent provocateur; w. third party rule – means information not subject to disclosure by anyone other than the author; x. treacherous confidential informant - means a person whose credibility and actions are questionable and has demonstrated a failure to follow the rules laid out to them by handlers, or it has been determined that they pose a risk to officers and/or the public; and y. young person – means a person who is 12 years old or older, but less than 18 years. Member 2. A member shall: a. not handle a CI unless they are qualified and have been approved as a CI handler; and b. consult with the CI controller before any sensitive information about a CI is revealed as outlined in Section C(3). 3. A member who has recruited a potential CI and does not have the minimum requirements to handle a CI shall: a. make detailed notes of the initial communication or meeting in their notebook, taking care to avoid noting specifically that the person may become a CI; b. if the initial contact or communication reveals the CI is a CI level II, and the officer is not a CI handler level II, the member shall contact the CI controller or Officer in Charge of Criminal Intelligence and act as directed; c. conduct a background check on the person including Niche RMS, CPIC and PARIS; d. consult with the CI controller as required for advice and guidance; e. complete the necessary forms via CIMS which are not to be copied or disclosed as its contents are protected under CI privilege; f. attach any CPIC or other records checks to the report; g. submit the report to the CI controller via CIMS; and h. await direction from the CI controller before soliciting further information from the potential CI. Agents 4. No officer shall use a person as an agent unless the person has been approved by the Deputy Chief of Neighbourhood Policing and Investigations and has entered into a letter of understanding or other approved agreement with the Service. 5. All potential agents shall be evaluated by a combination of: a. the CI controller; b. a Witness Protection Liaison Officer; c. the Officer in Charge of Criminal Intelligence; d. the Intelligence Services Inspector; and e. the Investigative Services Superintendent. 6. Agent handlers shall be approved by the Officer in Charge of Criminal Intelligence and receive training and designation pursuant to the Criminal Code. 7. Controlled drugs and substances purchases by an agent shall be in accordance with the Controlled Drugs and Substances Act. 8. All communications with an agent must be recorded in full detail to assist in clarifying any miscommunication, uncertainty and/or understanding. 9. When a member believes that a person may be of value as an agent for an investigation, the member shall: a. meet with the CI Controller, the Officer in Charge of Criminal Intelligence and the Investigative Services Superintendent, or designates, in conjunction with the Deputy Chief of Neighbourhood Policing and Investigations to determine whether an evaluation will take place of the potential agent candidate; b. outline all steps that have been taken to evaluate the reliability of a potential agent, including the validity of previous information and the possible motivation for participating as an agent; c. verify that all communications with the potential agent have been properly documented; and d. ensure the potential agent has been advised: i. that the identity of an agent is subject to disclosure; ii. of the likelihood of an agent becoming a compellable witness; and iii. that to become an agent they will be required to enter into a letter of understanding with the Service, outlining the terms of the relationship. Confidential Informant Handler 10. In order to handle a CI, an officer shall complete all the required courses as outlined in the Confidential Informants and Handlers Directive and be approved as a CI handler. 11. A CI level II shall be managed by a CI handler level II. If the CI is classified as a CI level II and the original handler is a CI handler level I, a CI handler level II shall be assigned by the CI controller. 12. A CI handler shall: a. use a CI notebook to document any meetings, payments or contact with the CI; b. store confidential information on their personal file server or Service approved encrypted memory device, which can be requested through their supervisor; c. use a separate CI notebook for each CI. Exceptions to this shall be approved by the CI controller; d. hand over completed CI notebooks to the CI controller; e. not store CI notebooks off-site in any manner; f. if a CI is de-registered, forward the CI notebook to the CI controller; g. take all possible steps to corroborate CI information and assess its reliability; h. always consider a potential CI’s motivation for providing information when assessing their reliability. When considering whether to establish or continue with a CI, the CI handler shall consider: i. public interest; ii. officer safety; iii. CI safety; iv. the administration of justice; v. the reputation of the Service; and vi. civil liability (including the officer’s and the Service’s); i. prior to each meeting with a CI or potential CI: i. where practical, query the CI on CPIC and Niche RMS and record any new information; ii. arrange for an alternate handler or, if unavailable, another officer to accompany the CI handler keeping in mind the importance of limiting the exposure of the CI to as few officers as possible; iii. advise a supervisor of: I. the scheduled date and time of the meeting; and II. the name of the officer who will be accompanying the handler; and iv. record the name and badge number of the accompanying officer and supervisor notified in the CI notebook; j. for each and every communication with the CI, review the Debrief review template with the CI; k. during or as soon as practical after each communication or meeting with a CI: i. make detailed notes of the communication or meeting in the appropriate CI notebook; ii. ensure the CI is identified by their CI number only; iii. in case of an unscheduled communication or meeting, advise a supervisor as soon as possible after the communication or meeting has occurred; iv. complete a CIMS Contact Sheet detailing the information provided by the CI and record the page number of the CI notebook which contains the details pertaining to the meeting. If multiple communications have occurred within the same tour of duty, include all incidents on a single CIMS Contact Sheet; and v. submit the CI Contact Sheet via CIMS to the CI controller a