Use of Force Authorities PDF

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Identification of Criminals Act QTC: who is subject to identification procedures? Section 2(1) Identification of criminal act  A person lawfully charged with or convicted of an indictable offence in relation to the criminal code  A person who has committed an offence under these federal laws - Extradition Act - Security of Information Act - Contraventions Act  Not mandatory  Might include fingerprints, photographs or other measurements, processes and operations having the object of identifying persons Section 2(2)  Such force may be used as is necessary to the effectual carrying out and application of measurements, processes…  Protected from civil and criminal liability if acting with justification Use of Force Authorities Provincial Statutes & The use of Force Firearms VS Handguns Firearms can be classified into 2 categories 1) Hand guns 2) Long guns Police are equipped with a variety of each type Handguns  Revolver Action  Semi-Automatic Pistol Drawing, Pointing, Discharging a Firearm O/Reg 926, Section 9 A police officer shall not:  Draw a handgun  Point a firearm at a person  Discharge a firearm Unless he or she believes, on reasonable grounds, it is necessary in order to protect against loss of life or serious bodily harm REMEMBER: This rule does NOT apply to training situations Discharging a Firearm O/Reg 926, Section 10 Exception  A police officer may discharge a handgun or other firearm a) To call for assistance in a critical situation, if there is no reasonable alternative; or b) To destroy a potentially dangerous animal or one so badly injured that its suffering should be ended First Things First…  Common sense dictates that police encounters with subjects that result in police using force should be recorded in daybook notes or some other form of police record, police officers statement - Not every officer does so, but they should!

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Regardless, according to the PSA there are 5 specific conditions that require officers to submit a use of force report to their police services To repeat the PSA says that police must report their use of force in to 4 very specific circumstances

Use of Force Reports Reg 926, Section 14.5 A police officer MUST submit a Use of Force Report whenever he/she: 1. Draws a hang gun in the presence of a member of the public 2. Points a firearm at a person 3. Discharges a firearm 4. Uses a weapon other than a firearm on another person 5. Uses physical force on another person that results in an injury requiring medical attention QUIZ NEXT WEEK*** Use of Force Reports – Additional Info  If the report is submitted to the chief of police or commissioner, the chief of police or the commissioner, as the case may be, shall ensure that Part B of the report is destroyed not later than 30 days after the report is submitted  Part B can be retained for no more than 2 years if deemed necessary by the PSB or the commission of the OPP - Must be in relation to an identified training issue  Use of force reports are not admitted in evidence at any conduct hearing unless the conduct issues is in relation to an officers use of force Which of these incidents requires a “Use of Force Report” be completed? 1. Draws a hand gun in the presence of a member of the public 2. Points a firearm at a person or discharges a firearm 3. Uses a weapon other than a firearm or another person 4. Uses physical force or another person that results in an injury requiring medical attention Police Services Act O/ Reg, Section 14.2 Police officers shall not 1. Use force on a person unless the officer has successfully completed a training course on the use of force 1. Carry a firearm unless the officer successfully completed a training course on the use of firearms During the past 12 months Exception Chief may grant the member additional time to take the necessary training  Extension is not to exceed 60 days O/Reg 266/10 Governs “Suspect Apprehension Pursuits” A suspect apprehension pursuit occurs: a) When a police officer attempts to direct the driver of a motor vehicle to stop; b) the driver refuses to obey the police officer c) the police officer pursues in a motor vehicle for the purpose of stopping the fleeing motor vehicle or identifying fleeing motor vehicle or an individual in the fleeing motor vehicle Intentional force/pinning techniques may be permitted in the extreme cases O/Reg 926, Section 15

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No member of a police force shall use a subcompact for the purpose of general police parole PIT not legal in Ontario

Provincial Offences Act 146(1): every police officer is, if he or she acts on reasonable grounds, justified in using as much force as is necessary to do what the officer is required or authorized by law to do Use of Force by Citizen (2): Every person upon whom a police officer calls for assistance is justified in using as much force as he or she believes on reasonable grounds is necessary to render such assistance...