Arrest and Release Procedure PDF

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: viii. Court prisoner management facility located at the waterloo regional courthouse, including when taking a prisoner into custody upon sentencing at court ix. Regional prisoner management (central) or x. 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 xi. A criminal arrest and charge in any form xii. Upon issuing a ticket under the contraventions act of any young person under the age of 18 xiii. 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 a. 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. b. c. d. e. f. g. 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: h. i. i. ii. j. iii. a. b. c. d. iv. e. 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)](file:///L:%5CPromotional%20Process%5C2025%20Promotional%20Process%5C2025%20CORE%20Procedure%5CArrest%20and%20Release.docx#N5C) [and O(2)](file:///L:%5CPromotional%20Process%5C2025%20Promotional%20Process%5C2025%20CORE%20Procedure%5CArrest%20and%20Release.docx#O2)), the assigned officer shall: k. l. m. n. o. v. vi. vii. p. q. r. 7. When *arresting* a person on a warrant from another Service, the *arresting* officer shall: s. t. viii. f. g. ix. h. i. j. release the person from custody. **Release** 1. 2. 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. ii. iii. iv. 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. c. unconditional; d. diversion; e. Appearance Notice; f. Undertaking with mandatory conditions; g. Undertaking with mandatory and additional conditions. Additional conditions need to be reasonable in the circumstances of the offence and necessary to; i. ii. iii. 4. h. *principle of restraint*; i. when is the earliest reasonable opportunity to release; j. the least onerous conditions that should apply in the circumstances; k. release conditions shall relate to the specific circumstances of the accused and the offence; l. release conditions shall be realistic and the accused should be able to comply with conditions; and m. whether the release is appropriate, reasonable and practical. 5. 6. n. When considering releasing an accused person on an Appearance Notice, the officer shall consider the following: iv. v. vi. vii. viii. ix. o. 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. p. When considering whether to release an accused on an Undertaking who is not at a police facility (e.g., roadside release), the officer shall: x. xi. xii. q. When considering whether to release an *arrested* person on an Undertaking from a police facility, the officer shall: xiii. xiv. xv. I. II. III. 8. r. email a copy of the original release document(s) to CPIC ([[cpic\@wrps.on.ca]](mailto:[email protected])); s. complete the name and arrest information, charge wording and guilty plea synopsis; t. u. 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. b. c. **Officer in Charge of Regional Prisoner Management** 2. d. e. f. g. h. i. **Patrol Supervisor** 1. For Central Division only, the patrol supervisor shall comply with [[Section M(1)]](file:///L:%5CPromotional%20Process%5C2025%20Promotional%20Process%5C2025%20CORE%20Procedure%5CArrest%20and%20Release.docx#M1) of this Procedure, as necessary. 2. a. b. 3. c. d. i. ii. iii. 4. e. f. g. 5. h. i. j. 6. k. l. m. n. o. 7. p. q. r. s. t. 8. u. iv. v. v. vi. vii. 9. w. x. 10. y. viii. ix. x. xi. xii. xiii. xiv. z. a. b. 11. c. d. e. f. g. h. **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. b. c. 2. d. i. ii. iii. iv. v. vi. vii. viii. e. f. ix. x. g. xi. xii. h. xiii. xiv. xv. xvi. xvii. **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. a. b. c. d. e. f. g. i. ii. iii. iv. v. h. i. j. k. l. m. n. o. vi. vii. viii. ix. x. xi. xii. p. q. r. s. **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. 3. 4. Sick leave accruals shall: t. u. v. **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)](file:///L:%5CPromotional%20Process%5C2025%20Promotional%20Process%5C2025%20CORE%20Procedure%5CAttendance%20Management%20and%20Support.docx#E4B) or [Section E(4)(c)](file:///L:%5CPromotional%20Process%5C2025%20Promotional%20Process%5C2025%20CORE%20Procedure%5CAttendance%20Management%20and%20Support.docx#E4C). 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: w. x. **Reporting Sick/Family Sick Leave/Family Care Leave** 7. 8. 9. y. z. xiii. xiv. xv. a. b. c. 10. d. e. f. g. h. i. j. 11. k. l. m. n. o. 12. p. q. r. s. t. u. **Innocent Absenteeism** 13. v. w. x. 14. 15. **Family Status Accommodation** 16. y. z. a. b. c. d. 17. e. f. g. xvi. xvii. xviii. h. xix. xx. **Attendance Support Program** 18. 19. 20. 21. 22. 23. 24. 25. i. j. k. l. m. n. o. p. q. r. s. t. u. v. 26. 27. 28. w. x. xxi. xxii. xxiii. xxiv. xxv. xxvi. xxvii. xxviii. xxix. y. xxx. xxxi. 29. z. a. xxxii. xxxiii. xxxiv. xxxv. xxxvi. xxxvii. xxxviii. xxxix. xl. xli. b. xlii. xliii. 30. c. d. e. xliv. xlv. xlvi. xlvii. xlviii. xlix. l. I. II. III. IV. li. lii. liii. liv. f. lv. lvi. 31. g. h. i. lvii. lviii. lix. lx. lxi. lxii. lxiii. lxiv. lxv. lxvi. lxvii. j. lxviii. lxix. 32. k. lxx. lxxi. lxxii. l. lxxiii. lxxiv. lxxv. **Culpable Absenteeism** 33. 34. m. n. o. p. q. r. s. t. 35. 36. u. v. Body-Worn Camera ================ A. Definitions =========== 37. w. x. y. z. a. b. c. d. e. f. g. h. i. lxxvi. lxxvii. lxxviii. lxxix. lxxx. lxxxi. lxxxii. lxxxiii. j. k. l. m. General 38. 39. n. o. p. q. r. s. t. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. u. v. w. x. y. 59. 60. 61. Body-Worn Camera Evidence for SIU 62. 63. 64. 65. Officer 66. z. a. b. c. d. e. f. lxxxiv. lxxxv. g. lxxxvi. lxxxvii. lxxxviii. lxxxix. I. II. III. IV. h. xc. xci. xcii. i. j. k. l. Supervisor 67. a. b. i. ii. iii. I. II. iv. c. i. ii. d. i. ii. e. f. g. Confidential Informants and Agents ================================== Definitions For the purpose of this Procedure: *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; *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; *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; *alternate handler* -- means the officer(s) accompanying the primary *CI handler* to meetings with a *CI*; *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*; *confidential* -- means legally privileged and not subject to disclosure in court or otherwise; *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; *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; *confidential informant* *level I* -- means a *CI* who provides basic information; *confidential informant level II* -- means a *CI* who provides information above and beyond that of a *CI* *level 1* and: is multi-jurisdictional in nature; relates to terrorism or may affect national security; involves organized crime; is beyond the resources or abilities of the prospective *CI handler*; or is a *young person*; *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; *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; *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*;** *confidential informant payment* -- means financial compensation paid to a *CI* by the Service; *Confidential Informer Management System (CIMS)* -- means the database that is used for reporting and management of *CI's* and *CI* related activities and tasks; *de-registered confidential informant* -- means a *CI* who has been removed from the list of active *CI's*; *excluded* *relationship* -- means any familial, intimate relationship, friendship, business partnership or relationship involving employment, contracts or regular contact for business purposes including co-workers; *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; *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; *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; *personal file server* -- means a member's personal password protected folder on the Service's server; *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: witness means a person who can give a firsthand account of something seen, heard or experienced; *confidential informant*; *agent*; *anonymous tipster* or Crime Stoppers tipster; and *agent provocateur*; *third party rule* -- means information not subject to disclosure by anyone other than the author; *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 *young person* -- means a person who is 12 years old or older, but less than 18 years. Member A member shall: not handle a *CI* unless they are qualified and have been approved as a *CI handler*; and consult with the *CI controller* before any sensitive information about a *CI* is revealed as outlined in Section C(3). A member who has recruited a potential *CI* and does not have the minimum requirements to handle a *CI* shall: 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*; 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; conduct a background check on the person including Niche RMS, CPIC and PARIS; consult with the *CI controller* as required for advice and guidance; complete the necessary forms via *CIMS* which are not to be copied or disclosed as its contents are protected under *CI* privilege; attach any CPIC or other records checks to the report; submit the report to the *CI controller* via *CIMS*; and await direction from the *CI controller* before soliciting further information from the potential *CI*. Agents 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. All potential *agents* shall be evaluated by a combination of: the *CI controller*; a Witness Protection Liaison Officer; the Officer in Charge of Criminal Intelligence; the Intelligence Services Inspector; and the Investigative Services Superintendent. *Agent handlers* shall be approved by the Officer in Charge of Criminal Intelligence and receive training and designation pursuant to the Criminal Code. Controlled drugs and substances purchases by an *agent s*hall be in accordance with the Controlled Drugs and Substances Act. All communications with an *agent* must be recorded in full detail to assist in clarifying any miscommunication, uncertainty and/or understanding. When a member believes that a person may be of value as an *agent* for an investigation, the member shall: 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; 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*; verify that all communications with the potential *agent* have been properly documented; and ensure the potential agent has been advised: that the identity of an *agent* is subject to disclosure; of the likelihood of an *agent* becoming a compellable witness; and 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 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*. 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*. A *CI* handler shall: use a *CI* *notebook* to document any meetings, payments or contact with the *CI*; store *confidential* information on their *personal file server* or Service approved encrypted memory device, which can be requested through their supervisor; use a separate *CI* *notebook* for each *CI*. Exceptions to this shall be approved by the *CI controller*; hand over completed *CI notebooks* to the *CI controller*; not store *CI notebooks* off-site in any manner; if a *CI* is de-registered, forward the *CI* *notebook* to the *CI controller*; take all possible steps to corroborate *CI* information and assess its reliability; 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: public interest; officer safety; *CI* safety; the administration of justice; the reputation of the Service; and civil liability (including the officer's and the Service's); prior to each meeting with a *CI* or potential *CI*: where practical, query the *CI* on CPIC and Niche RMS and record any new information; 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; advise a supervisor of: the scheduled date and time of the meeting; and the name of the officer who will be accompanying the *handler*; and record the name and badge number of the accompanying officer and supervisor notified in the *CI* *notebook*; for each and every communication with the *CI*, review the Debrief review template with the *CI*; during or as soon as practical after each communication or meeting with a *CI*: make detailed notes of the communication or meeting in the appropriate *CI notebook*; ensure the *CI* is identified by their *CI* number only; in case of an unscheduled communication or meeting, advise a supervisor as soon as possible after the communication or meeting has occurred; 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 submit the *CI* Contact Sheet via *CIMS* to the *CI controller* as soon as practical, and in all cases, within seven days; prior to disclosure being made to the Crown Attorney, vet all documents relating to the *CI*; consult with the *CI controller* before any sensitive information about a *CI* is revealed as outlined in Section C(3); consult with the Crown Attorney's office prior to any court dates where *CI* information is going to be used as evidence against an accused; upon becoming aware that the safety of a *CI* may have been compromised as a result of the *CI's* identity being revealed, immediately contact the *CI controller,* or in their absence the Officer in Charge of Criminal Intelligence, and provide the details of the circumstances, the potential risk to the *CI,* and the effects on any related investigation; submit requests for payments to the *CI controller* via *CIMS* and ensure the *CI* Payment Request refers to the previously submitted Contact Sheet and the date it was submitted. *CI payments* will not be considered unless the information has been verified and proven to be of value to the Service; submit *crown consideration letters* to the *CI controller* via *CIMS*. *Crown consideration* will only be considered after information from a *CI* has been verified and proven to be of value to the Service; communicate with *CIs* in a manner that ensures the safety of all persons involved as well as the security of the information being communicated; communicate with *CIs* in person or via telephone and shall not provide a personal phone number or e-mail address to a *CI* or *agent*. Cellular phones, e-mail, instant messaging, text messaging and other forms of electronic communication are not always a secure means of communication. The identity of a person sending or receiving an e-mail or other electronic communication cannot be assured. Data, including e-mail, text messages or dialed numbers, may be stored on the internet or cellular service provider computers for an extended period or on local/personal devices permanently unless deliberately deleted. Dialed numbers/text [ ] messaging may also appear on detailed billing statements or in TDR judicial application reports; when using a cellular phone: make the *CI* or *agent* aware that the phone number dialed may be recorded on the phone where others could view it; avoid using language that may reveal the identity of themselves as a police officer, or the *CI* or *agent*; use telephones that do not permit the display of their number to the recipient of the call; and be aware that many devices, including cellular phones, facilitate the recording of conversations; not direct a *CI* to complete a task as in doing so they could be considered an *agent* and therefore lose their *confidentiality* (*informer privilege*) that comes with being a *CI*; record all contact with a *CI* in a *CI notebook* and report to the *CI controller* via *CIMS*; and when dealing with a potential *CI* or *agent*, consider: the motivation for providing information; public interest; officer safety; *CI* safety; the administration of justice; the reputation of the Service; and the exposure to any type of liability (both personally and professionally). An *alternate CI handler* shall: complete tasks outlined in Section F(3)(j) when requested; be present, witness, and document when any monies are paid to a *CI* or *agent* by the *CI/agent handler*; and witness and document meetings between the *CI/agent handler* and *CI/agents* of the opposite sex, or in other circumstances deemed appropriate by the *CI/agent handler*. Criminal Investigation Management Plan ====================================== A. 1. a. b. c. d. e. f. g. h. i. j. i. ii. iii. iv. v. vi. vii. viii. ix. k. B. **General** 2. 3. 4. 5. 6. 7. l. m. n. o. p. q. r. s. 8. t. u. i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. v. w. x. y. 9. 10. 11. 12. z. i. the victim and suspect are in a familial relationship including common-law; ii. the victim and suspect have a previous relationship; iii. the case involves historical sexual offences (e.g., an offence reported more than a year after having been committed); and iv. a sexual assault where a suspect has been identified and arrested within 14 days; and a. 13. 14. 15. 16. 17. 18. 19. 20. 21. C. 22. Responding Officer b. i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. I. II. III. IV. 23. Field Supervisor c. When notified of a criminal incident, the field supervisor shall ensure: i. ii. iii. d. D. 24. 25. e. i. ii. iii. f. iv. v. vi. V. VI. 26. g. h. i. j. k. l. m. n. o. p. q. r. 27. s. vii. viii. 28. t. ix. x. xi. 29. u. xii. xiii. xiv. 30. 31. R. 1. a. i. ii. iii. 2. b. c. i. ii. iii. iv. v. vi. vii. d. i. ii. iii. iv. v. vi. vii. viii. e. f. g. h. i. i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. xxi. xxii. xxiii. xxiv. xxv. xxvi. xxvii. xxviii. i. Critical Injury Response ======================== B. Definitions =========== 68. m. xciii. xciv. xcv. xcvi. xcvii. xcviii. xcix. n. o. p. General 1. 2. 3. 4. 5. 6. Member 1. a. b. c. d. e. Supervisor 1. a. b. i. ii. iii. c. d. e. f. iv. v. g. h. Communications Supervisor 1. Patrol Supervisor 1. a. b. Officer in Charge/Supervisor of an Area 1. Officer in Charge of Wellness 1. When notified of a *critical injury* or fatality involving a *member*, the Officer in Charge of Wellness shall ensure the member is aware of available supports (e.g., Employee and Family Assistance Program, Peer Support Team). Emergency Response and Hostage Rescue ===================================== C. Definitions =========== 69. q. r. s. t. u. v. w. x. y. z. a. b. c. d. e. c. ci. f. g. h. i. j. k. l. m. n. o. p. q. r. General 70. The *ER**[T]*** will provide *tactical* support and *hostage rescue* in life**[-]**threatening situations using techniques of *containment* and negotiation to assist in the preservation of life. 71. The *ER**[T]*** will be trained **[and accredited]** to perform *hostage rescue*. 72. The fundamental approach to *tactical* operations, as adopted by the Service, is to safely resolve *high risk situations* through non-violent resolution, including the use of *containment* techniques, negotiations and other such measures as deemed necessary. 73. The *ER**[T]*** shall be activated for *high risk situations*. In exigent circumstances officers may still be required to engage in *high risk situations* when necessary. 74. **[When the *ERT* is responding to a *major incident*]** outside the **[Service's]** jurisdiction, the **[Emergency Services and Public Safety]** Inspector**[,]** **[Operational Support Superintendent, or designate,]** shall accompany the *ER**[T]**,* maintain control of the **[team]** and comply with this Procedure and **[shared]** service**[s agreements]**. 75. When activated, on duty members of *ER**[T]*** can provide a *tactical response*, provide immediate consultation and assist with initial *containment*. 76. All members of *ER**[T]*** shall be trained and equipped to respond to and handle any incident involving hostages. 77. The *ER**[T]***\'s primary responsibility is to provide *tactical* support for *high risk situations* such as: s. t. u. v. w. x. y. z. 78. a. b. c. d. 79. 80. 81. Responding Officer 82. e. f. g. h. i. j. k. l. m. n. cii. V. VI. VII. VIII. IX. X. XI. XII. ciii. XIII. XIV. XV. XVI. civ. XVII. XVIII. XIX. XX. o. p. q. r. Field Supervisor 83. s. t. u. v. w. x. y. z. a. b. c. d. e. f. Investigative [Area --] Supervisor [ ] 84. g. h. i. Patrol Supervisor 85. j. k. l. m. n. Fit for Duty ============ A. **Definitions** 1. For the purpose of this Procedure: a. *administrative leave* -- means a temporary removal from the *workplace*, with pay and benefits intact. Administrative leave allows the Service and/or the *Administrator* to investigate the situation, maintaining the *member's* present status while at the same time removing them from the work environment; b. *Administrator* -- means an independent, third party provider of the adjudication and case management services; c. *drug* -- means any substance which when used has the potential to change or affect the way a person thinks, feels or acts, including any substance that may inhibit a person's ability to perform his or her job safely and/or to meet performance expectations. This includes substances that could be used to produce such effects as stated above, including: solvents, correction fluids, inks, gasoline or cleaning products. It also includes alcohol, non-medically prescribed cannabis, *illicit drugs* and *medications*; d. *fatigue* -- means being in a state of extreme tiredness, reduced energy, mental or physical exhaustion or a lack of motivation due to tiredness. Effects may include exhaustion, aches, pains, dizziness, impaired focus, and irritability. *Fatigue* may negatively impact a person's ability to perform their duties safely and/or efficiently; e. *fit for duty* -- means the ability to perform assigned duties safely and at a level which meets performance expectations without any limitations or side-effects; f. *illicit drug* -- means any controlled substance as set out in the Controlled Drugs and Substances Act or any *drug* that is otherwise not legally obtainable and which the use, sale, possession, purchase or transfer is restricted or prohibited by law; g. *medication* -- means any *drug* obtained legally over-the-counter or through a valid prescription by a legally qualified medical practitioner and includes medically prescribed cannabis; h. *member* -- means any employee of the Service and includes auxiliary officers and volunteers; i. *Senior Leader* -- means a sworn *member* of the Service holding a rank of Inspector or higher or a civilian *member* holding a position of Director or higher; j. *substance dependence* -- means the repeated, harmful use of a *drug* leading to undue interference with work obligations, interpersonal relationships, and/or social, health, or legal problems; k. *supervisor* -- means any *member* of the Service who is not a *senior leader* and holds the rank (confirmed or acting) of sergeant or higher or a civilian *member* holding a position of *supervisor* or higher; and l. *workplace* -- means any premise or location where Service business is conducted. Examples include, but are not limited to: i. offices; ii. buildings; iii. locker rooms; iv. washrooms; v. classrooms; vi. vehicles; vii. field sites; viii. Ontario Police College (OPC); and ix. any location where a work-related event, including but not limited to seminars, conferences, public meetings and social gatherings are held or takes place. B. **General** 2. The Waterloo Regional Police Service is dedicated to ensuring that *members* are *fit for duty*. 3. The Service is committed to educating *members* about being *fit for duty*. This includes how to assess being *fit for duty* and how to encourage a *member* to be *fit for duty*. 4. *Drugs*, including alcohol and non-medically prescribed cannabis, have the potential to be disruptive to the *workplace* and adversely affect the quality of work and performance. Abuse of *drugs*, including alcohol and non-medically prescribed cannabis, poses serious health and safety risks both to those using them and to others and has a negative impact on productivity and morale. 5. *Substance dependence* is a treatable illness. Early intervention and support can improve the success of treatment and rehabilitation. Early treatment may also prevent progression of the *substance dependency*. 6. *Fatigue* is a serious concern and will negatively impact a member's ability to perform duties as well as the safety and wellbeing of all. 7. Supports and resources such as the Wellness Unit, the Wellness Committee, the Employee Assistance Program (EAP) and the Peer Support Team are available to *members* who may be dealing with difficult situations that may be impacting their overall ability to be *fit for duty*. 8. The Service will undertake all reasonable measures to prevent the abuse of *drugs* by *members* by: m. striving to provide a *workplace* free from the abuse of *drugs*; n. supporting programs that will assist *members* in developing the skills needed to make healthy lifestyle choices; o. providing accommodation options for those who have *substance dependence* issues or *substance dependency*-related illnesses; and p. encouraging and supporting the rehabilitation of those who have *substance dependence* issues or *dependency*-related illnesses. 9. Where the Service becomes aware that a *member* is suffering from *substance dependency*, it will comply with any legal obligation to accommodate the *member* and their illness in accordance with the Attendance and Ability Management Procedure. 10. The Service is committed to verifying that a *member* does not suffer from any effects of treatment (e.g., *medication*) for a medical condition that may impede them being *fit for duty*. Upon becoming aware that a *member* requires a *medication* that may negatively impact their *fitness for duty*, the Service is committed to taking all necessary steps to address potential issues arising from this requirement, in accordance with this Procedure and the Attendance and Ability Management Procedure. 11. Any personal or medical information relating to a *member* collected, handled or processed under this Procedure shall be treated by the Service as confidential. The Service and its *members* shall comply with the Protection of Personal Information and Privacy Breaches Procedure and any applicable legal obligations in relation to such information. C. **Members** 12. *Members* shall: q. report to work *fit for duty* and remain *fit for duty* at all times while on Service business; r. abstain from the use of any *drug* prior to or during a scheduled shift or while on-call or on stand-by, that could affect their ability to be *fit for duty* during their scheduled shift or if called in for duty; s. not report for work or be at work while suffering from *fatigue* or under the influence of *drugs* that will negatively impact their ability to work safely or perform the functions of their job; t. inform their *supervisor* immediately if they are unable to safely and efficiently perform their duties for any reason; u. be aware that they may be removed from duty or their specific position, accommodated through other duties, where possible, or placed on *administrative leave* if there are concerns regarding their *fitness for duty* that may hinder their job performance or compromise health and safety, in accordance with this Procedure and the Attendance and Ability Management Procedure; v. recognize that they may be subject to disciplinary measures if it is determined that they are not *fit for duty* at any time while on Service business, in accordance with this Procedure, and the Attendance and Ability Management, Performance Management - Civilian, Unsatisfactory Work Performance - Sworn Members, and Public Complaints and Chief's Complaints Procedures; w. not distribute, possess, consume or use *alcohol*, non-medically prescribed cannabis or *illicit drugs* in any *workplace*, unless: i. such is lawfully required and arises out of a police officer's duties (e.g., undercover operations); or ii. in the case of legal recreational *drugs* (e.g., *alcohol*, non-medically prescribed cannabis) distribution, possession, consumption and/or use may be appropriate at Service social gatherings related to the *workplace* where *members* gather but are not on duty (e.g., retirement dinners, awards ceremonies) provided it is in compliance with applicable legislation and Service policies and procedures; and x. upon becoming aware that another *member* is affected in his or her ability to perform their duties for any reason, report this to their *supervisor* immediately. 13. **Medications** y. All *members* shall: i. when required to use *medication* during working hours, use the *medication* for its intended purpose and in the manner directed by the *member's* physician, pharmacist or manufacturer of the *medication*; ii. when using a *medication*, make reasonable inquiries of their prescribing physician and/or pharmacist as to whether the *medication* may affect their ability to work safely or perform the functions of their job; and iii. when using a *medication* that has the potential to affect their ability to be *fit for duty*: I. report the *medication* use and potential side effects to their direct *supervisor* (e.g., a constable would report to their field supervisor) (*members* are not required to disclose the specific medication or the illness it was/is being taken for); II. if requested, (e.g., for a *medication* that will be taken over the long term (e.g., beyond 5 working days)), participate fully in the medical adjudication process, in accordance with this Procedure and the Attendance and Ability Management Procedure; and III. provide as required, any clarifying information/medical documentation to the *Administrator*. z. *Members* requiring medically prescribed cannabis in smoke form (vaporizer or otherwise) shall adhere to the Smoking in the Workplace Procedure as it pertains to taking their *medication*. 14. *Members* are encouraged to: a. seek help if they are concerned about a *drug-*related illness involving themselves or a family member; b. consult qualified professionals in the community to assess the severity of any suspected *drug-*related illness; and c. report to a *supervisor* or the Occupational Health Nurse if they are suffering from *substance dependency* or are concerned about their use of any *drug*. D. **Supervisor** 15. A *supervisor* shall: d. assess all *members* under their supervision to determine if they are *fit for duty*. In making their assessment, a *supervisor* may consider, but is not limited to, the following: i. whether the *member is* exhibiting behavior(s) sufficient to give them reason to suspect that the *member* has consumed alcohol, *drugs* and/or is *fatigued* and that their ability to perform their duties safely and/or efficiently has been affected; and ii. without limiting the generality of the foregoing, the assessment may include: IV. evidence of *drug* use (e.g., odour of alcohol); V. erratic or atypical behavior; VI. changes in behavior, speech patterns or appearance; VII. unusual emotion; and VIII. conversation with the *member*; e. upon making the assessment that a *member* under their supervision is not *fit for duty*: iii. advise the *member* they are not to begin or continue their assigned duty and are to remain at the location while the assessing *supervisor* has consulted with their officer in charge/manager of the area*;* iv. document the assessment of the *member's fitness for duty* and any observations made and provide this documentation to their *supervisor*; v. if they are not an officer in charge/manager or higher rank/position: IX. inform their *supervisor* (e.g., a field supervisor would inform the patrol supervisor, a Records *supervisor* would inform the Manager of the Records/Access to Information). Where their *supervisor* is not available, they shall inform their *Senior Leader* or the Duty Officer (e.g., when working a night shift and the Manager of Records/Access to Information and the Director of Administrative Support are not on duty, a Records *supervisor* would inform the Duty Officer); and X. provide their *supervisor* with their rationale for believing that the *member* is not *fit for duty* (e.g., any first-hand observations made, concerns reported by other *members*); and vi. if there are concerns as it relates to the *member* carrying a firearm, refer to the Removal of Use of Force Options Section in the Attendance and Ability Management Procedure; and c. when a *member* discloses, or the *supervisor* otherwise becomes aware of, a *member's*: i. use of a *medication* that has the potential to affect their ability to be *fit for duty:* I. if the use is short-term/not medically prescribed (e.g., over the counter *medications* taken for a cold): A. refer F(1)(a-b); or II. if the use is required over a long period (e.g., beyond 5 working days) and/or medically prescribed: B. refer F(1)(a-b);and C. if they are not an officer in charge/manager or higher rank/position, inform their *supervisor*; ii. *drug* use (other than *medication*) that may be impacting their *fitness for duty*: III. assess the *member's* current *fitness for duty*, as per F(1)(a-b); and IV. ensure the *member* is aware of the various supports available through the Service; or iii. *substance dependence* issues or *substance dependency*-related illnesses: V. assess the *member's* current *fitness for duty*, as per F(1)(a-b); VI. ensure that the *member* is aware of the various supports available through the Service; and VII. if they are not an officer in charge/manager or a higher rank/position, inform the *member's* officer in charge/manager. iv. *fatigue* that may be impacting a *member* being *fit for duty:* I. assess the *member* as per F(1)(a-b); II. ensure the *member* is aware of the various supports available through the Service; and III. if they are not an officer in charge/manager or a higher rank/position, inform the *member's* officer in charge/manager. F. **Officer In Charge/Manager of an Area** 1. In addition to those duties listed in Section F, an officer in charge/manager of an **[area]** shall: a. when informed by a *supervisor* that they believe a *member* under their supervision is not *fit for duty*: i. consult with the *supervisor* (and *member*, if necessary); ii. when appropriate, consult with the Occupational Health Nurse and/or Director of Human Resources, or designate; iii. based on the above consultation(s), determine if the *member* should: I. remain at their assigned duty (i.e., OIC/manager determines *member* is *fit for duty*); or II. be removed from duty. If this determination is made, their *Senior Leader* or, if unavailable, the Duty Officer shall be contacted; iii. document the rationale for the decision made; and iv. if there are concerns as it relates to the *member* carrying/possessing a firearm, refer to the Removal of Use of Force Options Section in the Attendance and Ability Management Procedure; b. when informed that a *member* under their supervision requires a *medication* (over the long-term/medically prescribed) that has the potential to affect their ability to be *fit for duty*: i. complete a referral form to the *Administrator;* ii. direct the *member* to forward any medical documentation to the *Administrator*; and iii. fax and or email the form to the *Administrator* and provide a copy to the *member* and their *Senior Leader*; and iv. inform the Occupational Health Nurse and the Director of Human Resources; and c. upon receiving information regarding a *member* under their supervision suffering from *substance dependency* issues or *dependency*-related illnesses: i. inform their *Senior Leader*; and ii. as required, participate in consultations with pertinent stakeholders (e.g., *member*, *Senior Leader*, Occupational Health Nurse, Director of Human Resources) to determine the appropriate response. Ground Search for Lost or Missing Persons ========================================= A. **Definitions** 1. For the purposes of this Procedure: a. *comprehensive ground search* -- means a search organized by a trained *Ground Search and Rescue Manager* that will involve the assistance of one or more of the following: i. Service members; ii. canine teams; iii. trained volunteers or volunteer groups; iv. other police agencies; and/or v. emergency agencies; b. *Comprehensive Ground Search Coordinator* -- means the Officer in Charge of the Special Response Unit, or designate, who has the knowledge, skills and abilities to perform this function and has completed the required training; c. *Ground Search and Rescue Manager* -- means a member of the Service who has completed the required training, has the knowledge, skills and abilities to perform this function and has been authorized to do so by the *Comprehensive Ground Search Coordinator;* d. *localized search* -- means a search conducted using available police resources without invoking this Procedure; e. *remotely piloted vehicle (RPV)* -- means a power driven aircraft, other than a model aircraft, that is operated without a flight crew member physically on board. An *RPV* is commonly known as a remotely piloted aircraft system (RPAS) or drone as per Transport Canada and the Canadian Aviation Regulations; and f. *Sworn Senior Leader* -- means a sworn member of the Service holding a rank of Inspector or higher. A. **General** 1. The Service maintains a roster of members who are qualified as *Ground Search and Rescue Managers* from various branches and units. This roster is maintained by the *Comprehensive Ground Search Coordinator* and posted on the e-roster system. 2. *Ground Search and Rescue Managers* are available for consultation regarding any search for lost or missing persons. Attempts should be made to contact an on-duty *Ground Search and Rescue Manager* first. 3. The Service facilitates, through partnerships with other emergency service providers and trained volunteer groups, the coordination of a *comprehensive ground search*. 4. A *Sworn Senior Leader* must authorize the deployment of a *comprehensive ground search* as defined in this Procedure. 5. *Comprehensive ground searches* undertaken during a missing or lost persons investigation shall be supervised by a trained G*round Search and Rescue Manager* and conducted in accordance with this Procedure as well as the Service's Missing Persons Procedure. This does not restrict a field supervisor from conducting a *localized search* utilizing available resources based on the case circumstances without invoking this Procedure. 6. Where ground search operations involve a major case, investigations shall be conducted in compliance with the procedures set out in the Ministry\'s Ontario Major Case Management Manual. 7. If available, canine shall respond to assist with a *comprehensive ground search* or *localized search* in accordance with the Service\'s Canine Team and Police Service Dogs Procedure. 8. The Victim Services Unit may be utilized to provide support and referral to victims and/or their families during and following a search for lost or missing persons in accordance with the Service\'s Victims' Assistance Procedure. B. **Responding Officers** 9. The responding officers shall: a. interview the complainant and any witnesses to gather as much information about the incident as possible; b. ensure a Search Urgency Evaluation form and a Missing Persons Questionnaire has been completed. These forms shall be forwarded to the Missing Persons Coordinator; and c. where it appears that a *comprehensive ground search* may be required, request the presence of a field supervisor to determine whether a *comprehensive ground search* should be deployed. C. **Field Supervisor** 10. The field supervisor shall: d. attend the scene and review the Search Urgency Evaluation form with the responding officer; e. determine whether the circumstances warrant: i. conducting a *localized search* using available resources without the deployment of a *comprehensive ground search* as defined in this Procedure; or ii. the deployment of a *comprehensive ground search*; f. if available, have canine respond to assist with a *localized search* in accordance with the Service\'s Canine Team and Police Service Dogs Procedure; g. where the circumstances justify the deployment of a *comprehensive ground search*, request the Divisional *Sworn Senior Leader* [ ] or Duty Officer authorize such deployment; h. set up a command post and assume command until relieved by the Divisional *Sworn Senior Leader* [ ] or Duty Officer; and i. ensure that the Search Urgency Evaluation Form and Missing Persons Questionnaire have been completed. B. **Ground Search and Rescue Manager** 2. In the event of a *comprehensive ground search* for lost or missing persons, the *Ground Search and Rescue Manager* shall: g. select basic search and rescue trained members to lead and direct small teams of searchers; h. ensure that all relevant forms are utilized; i. request the assistance of trained volunteers or volunteer groups where required; and j. where volunteers from the community who are not part of an organized volunteer search and rescue group are utilized in a ground search operation, ensure each volunteer is: vi. registered by name and address; vii. properly dressed and equipped in accordance with environmental conditions; viii. assigned to an area of search according to that person\'s capabilities; and ix. supervised to the extent reasonable and practicable to avoid injury and to avoid damage to property. Where possible deploy one police member to accompany each volunteer team. Hate/Bias Motivated Crime and Hate Propaganda ============================================= **Definitions** 1. a. b. A. **General** 1. 2. 3. 4. a. b. c. d. e. f. g. h. i. j. A. **Investigating Officer** 2. c. d. e. f. g. h. i. ii. i. j. iii. iv. k. l. A. **Supervisor Performing Case Management** 1. **Area Directive** - Any hate/bias motivated incident with a known victim shall be sent to the road for an in person response, NOTE-Property damage hate crimes (Graffiti) in public places can be handled by FSU or by front desk officers, however, the below still applies - The investigating officer of a hate/bias motivated incident shall: - Notify supervisor of the occurrence; - Offer supports and ensure the complainant knows the matter is being taken seriously and that follow up will occur; - Complete an occurrence report by the end of their shift, and when clearing the call, select the "**potential hate motivation**" call characteristic under the "Incident" category from the available list in the Mobile Public Safety (MPS) on the tablet. - If MPS is not available to any unit on the call, close the occurrence using call subtype "1" that identify "suspected ties to organized, gang or hate crime" when available; - Complete at least an internal major incident by the end of their shift; and - Notify EDI and Criminal Intelligence Units via email. The contacts for each Unit are listed below. - The investigating officer's supervisor shall ensure a duty officer or senior leader is notified and it is included in a duty report, regardless of seriousness. - The EDI, General Investigations Unit and the Criminal Intelligence Units will coordinate and ensure appropriate and timely follow up with the complainant including supports and appropriate investigative steps. - If a criminal investigation is required, the General Investigations Unit will take the lead. Immediate Rapid Deployment ========================== A. **Definitions** 1. For the purpose of this Procedure: a. b. i. in a position of advantage, usually barricaded in a room or building; ii. refusing to comply with direction to exit the defined area; iii. iv. threatening to cause injury or death to themselves or another person; and v. c. d. e. f. g. h. *inner perimeter -- means* an area designated to enclose the immediate location of an incident and is designed to contain or demobilize a hostage taker/*active shooter/killer*. The inner perimeter is initially staffed by uniform officers who will be relieved by special response officers; i. j. k. vi. holds the rank of staff sergeant, Inspector or Superintendent; and vii. has successfully completed the required Ministry accredited training; l. *outer perimeter* -- means the area surrounding the incident, including the *inner perimeter* in order to control admittance, protect the public and prevent interference with police activities at or near the crisis point. The outer perimeter will be controlled by uniform officers. The area between the *inner* and outer perimeter will contain the command post, *staging area* and media area; m. n. o. *staging area* -- means the designated area within the *outer perimeter* where responding members will report to await assignment by the *major incident commander*. A. **General** 1. 2. 3. 4. 5. 6. B. **Responding Officer** 2. 3. p. q. C. 4. 5. r. enter the building from the safest possible direction; s. t. u. v. w. x. 6. y. z. a. D. **Rescue Team** 7. 8. The *rescue team* shall: b. enter the building from the safest possible direction; c. update dispatch, as able; d. e. locate and extract victims to a safe area, updating medical personnel; f. g. E. **Field Supervisor** 9. During an *active shooter/killer* incident, a field supervisor shall: h. monitor the call and attend the scene; i. j. k. l. m. ensure the patrol supervisor has been notified. F. **Patrol Supervisor** 10. During an *active shooter/killer(s)* incident, a patrol supervisor shall: n. monitor the call and attend the scene if required; o. p. q. In-Car Camera ============= D. Definitions =========== 86. o. p. q. r. s. t. u. v. w. x. y. z. a. b. cv. cvi. cvii. cviii. cix. cx. cxi. viii. c. d. e. f. **General** 87. 88. g. h. i. j. k. l. m. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. n. o. p. q. r. 107. 108. 109. E. Rules of Recording ================== 110. s. cxii. cxiii. cxiv. t. cxv. cxvi. cxvii. cxviii. u. v. i. ii. iii. iv. w. x. cxix. cxx. cxxi. y. z. a. i. ii. iii. iv. v. vi. vii. viii. ix. x. XXI. XXII. XXIII. 1. 2. XXIV. b. cxxii. cxxiii. cxxiv. cxxv. cxxvi. c. d. 111. e. i. I. II. III. ii. iii. 112. f. 113. g. i. ii. h. 114. i. j. 115. k. l. m. 116. n. o. 117. p. q. r. s. **Rules of Reviewing In-Car Camera Recordings** 118. 119. 120. 121. 122. 123. 124. t. u. v. iii. iv. w. 125. **External Access and Disclosure of In-Car Camera Recordings** 1. External access and disclosure of *ICC* recordings will be provided only as permitted or required by law. The following list of circumstances are examples where this may occur: x. y. i. ii. iii. z. i. ii. iii. a. **In-Car Camera Evidence for SIU** 126. 127. 128. 129. **Officer** 130. h. i. j. k. l. m. n. o. cxxvii. cxxviii. p. v. vi. vii. viii. V. VI. VII. VIII. q. i. ii. iii. r. s. t. u. **Supervisor** 131. b. c. cxxix. cxxx. cxxxi. III. IV. cxxxii. d. iii. iv. e. iii. iv. f. g. h. Major Incident Command ====================== A. **Definitions** 1. For the purpose of this Procedure: a. *command post* -- means the command center for police operations for a *major incident* that is established within the *outer perimeter*. The command post may be a police vehicle designated as such or another location in a safe area, isolated from outside interference where the *major incident commander* and advisors can monitor the situation and make decisions; b. *Emergency Site Manager (ESM) -- means* the person appointed by the Emergency Control Group to ensure the agencies responding to the site are coordinated in their response. The ESM communicates directly with the Regional or Municipal Chief Administrative Officer. The ESM may be a police officer or a member of another agency; c. *inner perimeter -- means* an area designated to enclose the immediate location of an incident and is designed to contain or demobilize a hostage taker. The inner perimeter is initially staffed by uniform officers who will be relieved by special response officers; d. *integrated tactical response* -- means emergency response to a *major incident* which may include: i. canine support; ii. communications; iii. explosive disposal teams; iv. fire and ambulance; v. incident command; vi. inter-agency liaison; vii. investigative support; viii. media liaison; ix. negotiators; x. perimeter control; xi. public utilities; xii. scribe; xiii. tactical response teams; xiv. technical support; and xv. other appropriate organizations/services; e. *major incident* -- means any incident significant in nature, where public safety or public property is jeopardized and a coordinated police response is required (e.g., hostage situations, barricaded person); f. *major incident commander* -- means an officer in charge of, and responsible for, the overall command of a *major incident* who: xvi. holds the rank of staff sergeant, Inspector or Superintendent; and xvii. has successfully completed the required Ministry accredited training; g. *media area* -- means a safe area established within the *outer perimeter* large enough to accommodate the media and is controlled by the Media Relations Coordinator. The media area will be staffed by the Media Relations Coordinator; h. *outer perimeter* -- means the area surrounding the incident, including the *inner perimeter* in order to control admittance, protect the public and prevent interference with police activities at or near the crisis point. The outer perimeter will be controlled by uniform officers. The area between the *inner* and outer perimeter will contain the *command post*, *staging area* and *media area*; i. *staging area* -- means the designated area within the *outer perimeter* where responding members will report to await assignment by the *major incident commander*; j. *tactical* -- means the next level of response progressing from containment and may involve an increased level of force; and k. *tactical response* -- means the use of containment units, tactical units and/or hostage rescue teams for the safe resolution of *major incidents*. B. **General** 2. The *major incident commander* is responsible for command and control of a *major incident*. The safety of the community and attending police officers shall be of paramount importance at all *major incidents*. The decision to deploy staff, equipment and all other resources rests with the *major incident commander*. 3. *Major incident* command shall be established for all *major incidents*. 4. All *major incident commanders* and supervisors shall be particularly familiar with the following procedures, the applicable shared services agreements' and the Municipal and Regional Emergency Plans: l. Airport and Aircraft Incident Response; m. Crisis Negotiation; n. Emergency Response and Hostage Rescue; o. Explosives, Bomb Threats, Explosive Disposal and Explosive Forced Entry; p. Ground Search for Lost or Missing Persons; q. Major Emergency and Disaster Management; and r. Underwater Search and Recovery. 5. If a municipality declares an emergency the *major incident commander* may be designated as the *Emergency Site Manager* in accordance with the applicable Municipal and Regional Emergency Plans and the Major Emergency and Disaster Management Procedure. 6. No unauthorized persons shall be permitted admittance to the *inner perimeter* without the expressed permission of the officer in charge of the incident or *major incident commander*. 7. All activity within the *outer perimeter* is under the command and control of the *major incident commander*, and all activities outside of the *outer perimeter* remain the responsibility of the Service in general. 8. Entry to the *command post* is restricted to the following authorized persons: s. investigators; t. *major incident commander*; u. Media Relations Coordinator; v. negotiators and/or negotiator supervisor; w. Officer in Charge of the Special Response Branch(SRB); x. scribes; y. Emergency Response Team (ERT) team leader; z. supervisor assigned to security of the *outer perimeter*; and a. any other person authorized by the *major incident commander*. 9. Members in the *command post* shall not work longer than fourteen (14) consecutive hours from the start of shift except in exigent circumstances and shall be relieved at staggered times. 10. In hostage or barricaded persons incidents, a primary *major incident commander* shall assume command of the incident. A second *major incident commander* may attend to act as an advisor/observer at the request of the primary *major incident commander* or the Deputy Chief of Neighbourhood Policing and Investigations. 11. When the ERT is responding to a *major incident* outside the Service's jurisdiction, the Emergency Services and Public Safety Branch Inspector, Operational Support Division Superintendent or designate, or in their absence a *major incident commander*, shall accompany the ERT, maintain control of the team and comply with this Procedure and shared services agreements. A. **Responding Officer** 1. When dispatched to a *major incident*, the responding officer shall: a. assess the situation upon arrival and advise the dispatcher of any unknown details; b. request the appropriate emergency services; c. until relieved by a field supervisor, coordinate the arrival of other units positioning them in an *inner perimeter* for the purpose of containment; d. not employ offensive tactics unless the officer believes on reasonable grounds that to do so is necessary to protect against the loss of life or serious bodily harm; e. ensure a field supervisor is responding; and f. when applicable, act in accordance with the Emergency Response and Hostage Rescue Procedure. B. **Field Supervisor** 2. When attending a *major incident*, the field supervisor shall: g. evaluate the circumstances and when required, request a *major incident commander*; h. ensure containment and an *inner perimeter* is established, followed by an *outer perimeter* and select a suitable location for a *command post*; i. assume command and control until relieved by the patrol supervisor or a *major incident commander*. Ensure all directions are developed to address a potential breakout or surrender of the suspect(s) and that these plans are clearly communicated to the officers on the *perimeters*; j. if other emergency services are not already on scene evaluate the need to have EMS and the fire department respond to stand by at a safe location; k. ensure that prior to the arrival of the ERT, officers in a containment function do not employ offensive tactics unless the officers believe on reasonable grounds that to do so is necessary to protect against the loss of life or serious bodily harm. Ensure that an immediate action plan is developed and clearly communicated to officers on the *perimeters* should such tactics be required; and l. not commit the ERT to offensive tactics unless authorized by the *major incident commander* (Note: this does not negate ERT members from employing offensive tactics in order to protect against the immediate loss of life or serious bodily harm). C. **Patrol Supervisor** 3. If attending a *major incident* the patrol supervisor shall: m. assume command and control until relieved by the *major incident commander*. Ensure that plans are developed to address a potential breakout or surrender of the suspect(s) and that these plans are clearly communicated to officers on the *perimeters*; n. ensure that prior to the arrival of the ERT, officers in a containment function do not employ offensive tactics unless the officers believe on reasonable grounds that to do so is necessary to protect against the loss of life or serious bodily harm. Ensure that an immediate action plan is developed and clearly communicated to officers on the *perimeters* should such tactics be required; o. not commit the ERT to offensive tactics unless authorized by the *major incident commander* (Note: this does not negate individual ERT members from employing offensive tactics in order to protect against the loss of life or serious bodily harm); p. brief the *major incident commander* and Officer In Charge of the SRB; and q. assume command of the *outer perimeter* when directed by the *major incident commander*. D. **Media Relations Coordinator** 4. When requested at the scene of a *major incident*, the Media Relations Coordinator or designate shall: r. act in accordance with the Social Media and Media Relations Procedure, unless otherwise directed by the Chief; s. record the identity and media outlet being represented by each media person in attendance; and t. have control of the *media area*. Missing Persons =============== Definitions 1. For the purpose of this Procedure: a. *AMBER Alert --* means a voluntary, cooperative plan between radio and television stations, SMS text messaging, the Ministry of Transportation and Ontario law enforcement agencies to broadcast critical information when it is believed a child in danger has been abducted and which may assist in locating the child; b. *comprehensive ground search* -- means a search organized by a trained *ground search and rescue manager* that will involve the assistance of one or more of the following: Service members, canine teams, trained volunteers or volunteer groups, and other police agencies or emergency agencies; c. *Comprehensive Ground Search Coordinator* -- means the Officer in Charge of the Special Response Unit or designate who has the knowledge, skills and abilities to perform this function and has completed the required training; d. *ground search and rescue manager -- means a member of the Service who has completed the required training, has the knowledge, skills and abilities to perform this function and has been authorized to do so by the Comprehensive Ground Search Coordinator;* e. *localized search --* means a search conducted using available police resources*;* f. *missing person --* a person shall be considered missing if both the following criteria are met: i. I. II. ii. a member of a police service is unable to locate the person after making reasonable efforts to do so; g. *Missing Persons Coordinator --* means a designated Sergeant in Special Victims who oversees *missing person*s investigations; h. *missing person profile --* means a six-letter code identifying the following information in relation to a *missing person* as defined by the RCMP Canadian Police Information Centre (CPIC) User Manual: age group, probable cause, history, place missing from, availability of a dental chart and any disability/dependency; i. *Senior Officer --* means a sworn member of the Service holding the rank of Inspector or higher; j. *vulnerable person --* means any person who due to medical, mental health or physical condition may exhibit patterns of behavior that could pose a danger to that person. Examples include, but are not limited to persons with any brain injury, cognitive or mental health needs (e.g., autism, dementia, acquired brain injury, cerebral palsy) that may cause a person to exhibit atypical behaviors (e.g. wandering, physical instability, inability to communicate, fearfulness, aggressiveness); and k. *Vulnerable Persons Registry (VPR) --* is a voluntary registry which provides quick access to critical information about a registered person, such as who to call in an emergency, a detailed physical description and particular sensitivities that the person may experience. **General** 2. When information is received that a person is missing, a report shall be taken and an investigation undertaken and managed in accordance with this Procedure and as specified in the Service\'s Criminal Investigation Management Plan. 3. Evidence shall be collected, preserved and secured in accordance with the Collection, Preservation and Control of Evidence and Property Procedure. 4. If it is determined during the course of an investigation that a missing child is the result of a parental or non-parental abduction, comply with the Abductions -- Familial and Non-Familial Procedure. 5. The Frontline Support Unit (FSU) may only be assigned *missing person* occurrences deemed appropriate for FSU investigation by a field supervisor. 6. *Comprehensive ground searches* undertaken during a *missing persons* investigation shall be supervised by a *ground search and rescue manager* and whenever possible conducted by basic search and rescue trained personnel in accordance with the Ground Search for Lost or Missing Persons Procedure. This does not restrict a field supervisor from conducting a *localized search*. 7. Where circumstances indicate a strong possibility of foul play, investigations shall be conducted in accordance with procedures set out in the Ministry\'s Ontario Major Case Management Manual. 8. Provisions of the Missing Persons Act can be utilized in certain circumstances to access records (e.g., telephone, banking, etc.) and conduct a search of premises for *missing persons.* 9. The Ontario Major Case Management protocol shall be implemented for *missing person*s' occurrences, where police have yet to ascertain whether foul play is involved when the individual remains outstanding and unaccounted for 30 days after being reported missing. 10. The *Vulnerable Persons Registry (VPR)* is a community based policing initiative in partnership with the Service, KidsAbility, Waterloo Regional Family Network and other local agencies. The registry promotes communication between *vulnerable persons*, the people who support them and the police. The database is designed to help alleviate safety concerns for those that are vulnerable in our community. The registry is accessed through Communications. **Frontline Support Unit Officer/Divisional Front Desk Officer** 11. The **[FSU]** officer/divisional front desk officer, for matters properly referred, shall: l. interview the complainant, witnesses or any other persons who can supply information (over the telephone); m. be familiar with the duties of the investigating officer as outlined in this Procedure; n. upon receiving a *missing person* report, confirm the individual is actually missing; o. if it is determined that the person is in breach of a condition of release, probation or parole, ensure the call is forwarded to dispatch for an officer to attend (a new occurrence will need to be generated for any charges laid); p. gather and document all relevant information on the *missing person* including: iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. q. review a Search Urgency Evaluation form and any additional information received since the initial complaint to ensure an officer is not required to be dispatched; r. contact CPIC to have the *missing person* entered on CPIC with at least the following information: xvi. xvii. xviii. xix. xx. xxi. s. ensure appropriate zone alerts are sent; t. ensure the *missing person* is broadcast (put out to locate) on all dispatch channels; u. prepare a briefing for patrol officers in all divisions, including a photograph if available; v. submit an occurrence report before the end of shift; w. if any risk factors regarding the *missing person* are identified through investigation or foul play becomes suspected, immediately contact a patrol or field supervisor and forward the incident to patrol for further investigation; x. if a person missing from another jurisdiction, is last seen in the Service's jurisdiction, take a *missing person* report and follow the steps set out by the Policing Services Division Bulletin 3/99, which include: xxii. xxiii. xxiv. xxv. y. when a person from this Service\'s jurisdiction is reported to this Service as missing but was last seen in another jurisdiction: xxvi. xxvii. xxviii. A. Responding/Investigating Officer ================================ 12. The responding/investigating officer shall: z. confirm the individual is actually missing; a. ensure a search of their house or premise is conducted by an officer; b. if the *missing person* is a habitual runaway, determine the appropriate level of investigation required given the circumstances; c. interview as soon as practicable the complainant, witnesses or any other persons who can supply information; d. ensure required checks, including Niche RMS, CPIC and *VPR* have been completed and noted on the event history; e. gather and document all relevant information on the *missing person* including the items listed in Section H(1)(e); f. consider flagging the *missing person*\'s bank accounts and credit cards; g. collect any available photographs from family, friends, school, or place of employment (confirm permission is given to use the photographs to assist in attempts to locate the *missing person*); h. if a *comprehensive ground search* is being considered, complete a Search Urgency Evaluation form. If a *comprehensive ground search* is required, complete a Missing Persons Questionnaire; i. if the *missing person* is a child or teenager, in addition to other investigative steps, contact: xxix. xxx. xxxi. xxxii. xxxiii. xxxiv. xxxv. xxxvi. j. if the person is an elderly or *vulnerable* *person*, in addition to other investigative steps: xxxvii. xxxviii. xxxix. k. follow the steps listed in Section H(1)(f-i) of this Procedure; l. complete a Missing Persons Checklist and forward it via email to prior to their end of shift; m. consider seeking approval from a field supervisor to use Corporate Communications and Public Information. If the use is authorized, the responding/investigating officer shall: xl. I. II. III. IV. V. VI. n. consider *AMBER Alert* activation in all missing children investigations in accordance with the Amber Alert Procedure providing: xli. xlii. III. IV. V. o. ensure Major Case Management is implemented in all cases involving *AMBER Alert* activation; p. comply with the Service's ViCLAS Procedure in reference to the submission of ViCLAS Reports; q. where the incident meets the criteria of a major case, the file shall be maintained in accordance with the hard copy file management system defined in the Ontario Major Case Management Manual; r. arrange for information to be gathered on: xliii. xliv. xlv. xlvi. xlvii. xlviii. xlix. s. ensure the complainant/family members are kept apprised of any developments and case status on an ongoing basis; t. prepare a briefing for patrol officers in all divisions, including a photograph if available; u. in cases where *missing person*s are not located and the incident is no longer being actively investigated, complete a case turnover and forward the complete investigative file to the *Missing Persons Coordinator*. The *missing person* file shall include at a minimum: l. li. lii. liii. liv. lv. lvi. lvii. 13. When a person is reported missing from an open/closed custody facility including a group home, enter the person on CPIC as missing until an arrest warrant has been issued for their apprehension. Once the warrant has been issued, the person will be classified as both "missing" and "wanted" on CPIC. 14. If investigative leads require further follow up, with the authorization of the field supervisor, contact the *Missing Persons Coordinator* during normal business hours. Assistance during off hours, when necessary, will come from General Investigations detectives. *Missing person* investigators will continue the investigation upon their return to work. B. Missing Persons Act =================== 15. When conducting a *missing person* investigation, *members* shall consider utilizing provisions contained within the Missing Persons Act when they may assist in locating the *missing person*. 16. *Missing Person* -- Urgent Demand for Records v. an officer may make a demand in writing, using an Urgent Demand for Records (Form 5), that requires a person to produce copies of records under their control if there are reasonable grounds to believe that: lviii. lix. w. an urgent demand for records shall only be made if the officer: lx. lxi. x. when an officer is satisfied that an urgent demand for records is necessary, they shall obtain approval from their supervisor or designate prior to making a demand; y. any person receiving such a demand shall comply with it as soon as is reasonably possible. The requested information may be provided orally upon consent of the requesting officer; and z. upon making an urgent demand for records, the requesting officer shall: lxii. lxiii. make reasonable efforts to provide notice to any person whose information has been obtained as soon as practicable, unless there are reasonable grounds to believe that doing so may interfere in locating the *missing person*, pose a risk to someone's safety, and/or interfere with the investigation. In such situations, notice must be given as soon as it would no longer interfere or pose a risk. 17. Missing Persons Act -- Order for the Production of Records a. an Order for the Production of Records requires that the person named in the Order produce a copy of any specified records; b. the standard of issuance for an Order for the Production of Records is reasonable grounds to believe that the records: lxiv. lxv. c. the issuing judicial officer for Order for the Production of Records is a justice; d. the Missing Persons Act requires that the issuing justice consider the following factors, which should be addressed within the application: lxvi. the reviewing justice is of the opinion that public interest in locating the *missing person* outweighs the privacy interest of any person whose information may be contained in the records being sought; and lxvii. e. despite any terms placed on the granted order, the requested information may be provided orally upo

Arrest and Release Procedure PDF

Document Details

Tags

Related

Summary

Full Transcript