Toronto Fire Services Training Note - PDF

Fire Services Training Division "Training Note" From: Fire Chief Effective Date: October 1, 2020 File in TFS Training Notes Manual under: GROUP: 602 Gen...

Fire Services Training Division "Training Note" From: Fire Chief Effective Date: October 1, 2020 File in TFS Training Notes Manual under: GROUP: 602 General Information SECTION: 602 Note Taking SUB-SECTION: UNIT: TABLE OF CONTENTS 1 Introduction 2 2 Objectives 2 3 Reasons for Note Taking 3 4 Minimum Standards for Note Taking 3 4.1 Basic Considerations when Taking Notes 4 4.2 Information Required for Exhibits 5 4.3 Information Required for Photographs 5 5 Using Notes in Court 5 ___________________________________________________________________________________________________________________ Toronto Fire Services Training Note: 602 Training and Technical Operations Date prepared: October 2020 1 1 INTRODUCTION The Fire Service has been given the responsibility to provide a specific service to our community. Any person or organization that accepts such responsibility must also take on the accompanying accountability. In years past the Fire Service was rarely held legally responsible for actions taken to “Save lives and protect property.” You must assume that sometime during your career as a firefighter you will be expected to testify during a legal proceeding. In these situations you will be asked to relate specific information regarding your actions and experiences during an emergency situation. It is neither acceptable nor professional to state, “I don’t remember” in response to a question about your activities and or observations at an emergency scene. As a professional firefighter you will make observations and perform a variety of tasks at every emergency situation you attend. You can not rely on your memory to provide accurate information of these events. This is particularly true if the events and observations occurred several years prior to your attendance at a legal proceeding. Memory fades with time and your mind may fill in the blanks with inaccurate recollections of the incident. Being able to refresh your memory with a written account of your actions and observations of an incident provides additional credibility to your oral testimony. “Records made in the ordinary course of business are admissible in evidence.” (Orientation to Ambulance Service – Resource Manual, Humber College, 1993, Doug Leonard, et al) 2 OBJECTIVES Upon completion of the review of this training note you should: 1. know why note taking is an important component of your duties, 2. be able to state 2 (two) reasons for making notes, 3. know the minimum standards of effective note taking, 4. know the basic considerations when taking notes, 5. know the information required for exhibits, 6. know the documentation required for photographs, and 7. know how to use your notes in court. 3 REASONS FOR NOTE TAKING There are two reasons to make notes: 1. To complete Toronto Fire Services reports and forms and, 2. As a reference for any legal proceedings resulting from your involvement at an emergency scene. Notes should be made in any situation that you and/or your supervisor think that it would be a wise and prudent action. ___________________________________________________________________________________________________________________ Toronto Fire Services Training Note: 602 Training and Technical Operations Date prepared: October 2020 2 4 MINIMUM STANDARDS FOR NOTE TAKING It is important to be objective and honest when making your notes; do not offer opinions, only direct observations. If you are asked to produce your notes in court, in the coroner’s court, or at an inquest, they will be entered into evidence and will become a matter of public record. All notes should start with the date, time and location of the event being recorded. 1. All notes should be written legibly in ink using a single colour and a single pen. Draw a line to indicate the end of each entry. Do not skip any lines. 2. All notes should be written in chronological order to ensure that you do not miss any information 3. Once entered as evidence, notes may be read by both the Crown Attorney and the defendant’s lawyer during legal proceedings. 4. You and you alone, should write all notes in your memo books/file. You should not write your notes in collaboration with others and they should be written as soon as possible after the emergency situation. 5. If you make an error while writing notes you may place a single line through the word, sentence, or passage. This error must be initialed at each end of the line by the author. Do not change any notes you have written. If you remember something at a later date simply add it to the end of your notes for that particular situation. 6. The more detail you include in your notes the better you will be able to answer questions at a later date. 7. If a witness or suspect provides you with information, try to write it down verbatim. 8. If you are asked to interview a witness, ensure that you record the following information about the person being interviewed: name full address telephone number date of birth 9. Take statements from witnesses separately 10. Note the time, date and location where the statement was taken and list any other person(s) present 11. Write down the statement as accurately as possible 12. Note the circumstances under which the statement was given (e.g. blurted out, given as a result of a question asked) 13. In situations where a person has been, or may be charged with an offence it is best to confer with a Police Officer prior to the interview. The Police Officer will ensure that all legal obligations regarding the person’s rights under the Charter are met. 4.1 Basic Considerations when Taking Notes There are a number of observations and actions that should be included in your notes. These will ensure that your notes will be comprehensive and provide you with all of the information you may require in any future court proceedings. The following areas should be included, if relevant, when making notes on any emergency situation in which you become involved. ___________________________________________________________________________________________________________________ Toronto Fire Services Training Note: 602 Training and Technical Operations Date prepared: October 2020 3 If you do not know the answer to any of these considerations do not make one up; any information given to you via a second party must be documented as such. 1. Date and time alarm received 2. Time of arrival at emergency location 3. Weather conditions 4. Was the owner/occupant or visitors present upon arrival? 5. Who reported the incident and how was it reported? 6. Who discovered the situation and how did they discover it? 7. Was the building secure, doors unlocked, windows open etc? 8. What were your observations upon arrival? 9. What did you do upon arrival? 10. If there was a fire, was there more than one fire location, what colour were the flames? 11. Who was the first firefighter to make entry and how did they make entry to the building? 12. If persons at the scene were interviewed, follow the information provided under Minimum Standards for Note Taking 13. Location of any victims and their condition (Clothed, burned etc.) 14. Who found the victims, who removed the victims from the location where they were found? 15. Names, badge/employee number of any other emergency service personnel on scene such as police, ambulance, hydro etc. 4.2 Information Required for Evidence When items are to be used as evidence the following information should be recorded: 1. Where was the item found? 2. When was it found? 3. Who found it? 4. How did they find it? 5. How was the item protected (Continuity of possession)? 6. Was an identifying mark placed on the item? 4.3 Information Required for Photographs Whenever photographs are taken at an emergency scene, the following information should be recorded: 1. Photographer’s name, telephone number, organization for whom they work 2. Date and time the photograph was taken 3. Location of the object(s) being photographed 4. Description of the object(s) 5. Angle from which the photograph was taken 6. It may be advisable to provide a sketch of the location of the object in relation to doors, windows, street etc. ___________________________________________________________________________________________________________________ Toronto Fire Services Training Note: 602 Training and Technical Operations Date prepared: October 2020 4 5 USING NOTES IN COURT Read your notes over prior to testifying. If you must refer to your notes during your testimony, ask permission of the judge before doing so. You may be asked the following questions prior to being allowed to make reference to your notes: 1. Are the notes yours? 2. Are the notes in your handwriting? 3. When were the notes made? 4. Have there been any additions, deletions or changes to the notes since they were made? If using your memo books while giving evidence, ensure that the desired section is pre- selected. (E.g. Block out the pages to be submitted into evidence for this case by using elastics to hold the other pages together.) If you do not do this, your entire memo book may become evidence and may be scrutinized in the legal proceedings. When giving testimony, if you are asked, “Are you an expert?” you should state, “I have not been qualified as one.” By following the information provided in this Training Note you should not be taken to task when required to provide information about an emergency you have attended. As a professional firefighter you want to be recognized for your skills, knowledge and actions. Utilizing the above information will ensure that the legal system will recognize your professionalism. ___________________________________________________________________________________________________________________ Toronto Fire Services Training Note: 602 Training and Technical Operations Date prepared: October 2020 5