COMMISSIONER'S DIRECTIVE 567-5

Use of Firearms

COMMISSIONER'S DIRECTIVE

Number: 567-5

In Effect: 2017-12-11

Related links

Policy Bulletin 582

AUTHORITIES

PURPOSE

To establish procedures for the appropriate use of firearms

APPLICATION

Applies to staff who are required to use firearms

Table of Contents

RESPONSIBILITIES

  1. The Director General, Security, will:
    1. ensure approved firearms and ammunition are listed in the Security Equipment Manual and made available to institutions as required
    2. provide the regions with direction on the proper storage, maintenance, handling and use of firearms and ammunition
    3. provide the standards on the type and quantity of firearms assigned to armed posts, documented in Annex B – Firearm Deployment Standards
    4. review for approval any deviation from Annex B – Firearm Deployment Standards
    5. review for approval any firearm accessories or modifications
    6. ensure that training in the use of firearms is developed and maintained.
  2. The Director General, Learning and Development, will:
    1. ensure that all Correctional Learning and Development Centres, including the National Training Academy are provided with support on the storage, maintenance, handling and use of firearms and ammunition
    2. report any incident where a firearm is modified, damaged, lost, or otherwise unaccounted for, to the Director General, Security.
  3. The Assistant Deputy Commissioner, Integrated Services, will:
    1. ensure that institutions are provided with support on the storage, maintenance, handling and use of firearms and ammunition
    2. report any incident where a firearm is modified, damaged, lost, or otherwise unaccounted for, to the Director General, Security.
  4. The Institutional Head, or Director of a Correctional Learning and Development Centre where applicable, will have procedures in place to ensure that:
    1. every staff member issued a firearm or assigned to an armed post is properly trained and qualified according to the National Training Standards
    2. firearms are not modified in any manner, unless such modifications are approved by the Director General, Security, and are performed by a certified armourer as required
    3. firearms are deployed in accordance with Annex B – Firearm Deployment Standards
    4. only the firearms and ammunition approved in the Security Equipment Manual are in use unless otherwise approved by the Director General, Security
    5. any required deviations from the standards listed in Annex B – Firearm Deployment Standards are approved in writing by the Director General, Security
    6. the Assistant Deputy Commissioner, Integrated Services, is advised of any incidents of firearms modified, damaged, lost, or otherwise unaccounted
    7. the police department having jurisdiction is immediately notified in all circumstances when a firearm has been discharged other than accidentally or for training purposes
    8. other than for authorized training, incident reporting is completed pursuant to CD 568-1 – Recording and Reporting of Security Incidents whenever a firearm is discharged
    9. Standing Orders are developed to outline:
      1. change-over procedures
      2. responsibilities for the safe and secure control of firearms and ammunition
      3. the requirement for the completion of a Threat Risk Assessment if circumstances warrant an armed escort to accompany firearms and ammunition to/from a designated area
      4. procedures for the removal of a firearm from service following its use pursuant to CD 568-4 – Preservation of Crime Scenes and Evidence.
  5. Staff who may be required to use firearms in the course of their duties will qualify in the use of firearms utilized in their specific institution according to the National Training Standards.
  6. Staff not qualified on a given type of firearm will not be issued that type of firearm during an emergency or be deployed to a post where that type of firearm is assigned until such time as they have qualified.

PROCEDURES

  1. Staff members will not transfer possession of firearms unless:
    1. in a life-threatening situation
    2. the staff member is incapacitated
    3. for training reasons
    4. as part of a procedure that is documented within a Standing Order for change-over on armed posts.
  2. The following uses of a firearm constitute a use of force:
    1. pointing a firearm at someone
    2. displaying or charging a firearm as a show of force
    3. discharging a warning shot
    4. discharging an aimed shot at an individual.
  3. Staff will respond to incidents pursuant to the Situation Management Model in CD 567 – Management of Security Incidents and CD 600 – Management of Emergencies.
  4. Staff who discharge a firearm, for reasons other than authorized training, will:
    1. advise the Correctional Manager (Duty Desk) without delay
    2. surrender the firearm, as soon as practical, to the Correctional Manager or Security Maintenance Officer, who will tag and secure it pursuant to CD 568-4 – Preservation of Crime Scenes and Evidence
    3. complete reporting requirements pursuant to CD 568-1 – Reporting and Recording of Security Incidents.
  5. No firearm will be fired from any moving vehicle, unless in the opinion of staff, the risk to the staff of not firing outweighs the risk of firing.
  6. No firearm will be fired at any moving vehicle or aircraft, unless under fire and the risk of not returning fire outweighs the risk of firing.
  7. Provided that there is low probability of injury or death to a person, firearms may also be discharged to:
    1. summon assistance when no other means are available
    2. destroy a potentially dangerous animal or one that is so badly injured that to allow it to live would amount to cruelty.
  8. Before a warning shot is fired, a verbal warning will be given, unless time and circumstances do not permit.
  9. A warning shot may be used to prevent death, grievous bodily harm or escapes (from within the secured perimeter of a medium, maximum, multi-level facilities, or clustered sites consisting of medium, maximum or multi-level security units), when all lesser means are not available, have proven unsuccessful or are not the safest and most reasonable intervention given situational factors.
  10. The physical presence of a firearm in conjunction with the duties of an armed post does not constitute a use of force (e.g. catwalk or in a tower) unless the firearm is used as described in the above paragraph on the uses of a firearm that constitute a use of force..
  11. Pursuant to section 25 of the Criminal Code, an aimed shot at an individual may be used to prevent death or grievous bodily harm when all lesser means are not available, have proven unsuccessful or are not the safest and most reasonable intervention given situational factors.
  12. By virtue of the population in medium, maximum or multi-level security institutions, or in clustered sites consisting of medium, maximum or multi-level security units, staff can reasonably assume that inmates within the secured perimeter of those institutions meet the criteria pursuant to section 25(5) of the Criminal Code. In accordance with the criteria, an aimed shot at an individual may be used to prevent escapes when all lesser means are not available, have proven unsuccessful or are not the safest and most reasonable intervention given situational factors.
  13. In the event that a helicopter or other aircraft is used to assist in an inmate’s escape from a medium, maximum or multi-level security institution, or from within the secured perimeter of clustered sites consisting of medium, maximum or multi-level security units, staff may use the necessary force, including the firing of a firearm at the escapee, to prevent them from reaching the helicopter or other aircraft and escaping.
  14. In instances where an attack on the perimeter occurs, including perimeter security posts, the staff assigned to the posts will use the appropriate force to prevent a breach of the perimeter that could aid escape, including the use of a firearm, to stop the attack.
  15. Institutional contingency plans must contain detailed site specific information on responding to escape emergencies and CD 600 – Management of Emergencies.

Storage of Firearms and Ammunition

  1. Stored firearms will be unloaded and stored in a container, receptacle, vault, safe, or room that has been specifically constructed or modified for the secure storage of firearms.
  2. Ammunition will not normally be stored within the immediate proximity and accessibility to firearms and will be stored as per the standards stated above.
  3. Entry to the firearms and/or ammunition storage area by anyone other than the Security Maintenance Officer will be documented indicating:
    1. the reason for the entry
    2. item(s) authorized to be removed or returned
    3. who authorized the entry.

Transportation of Restricted or Prohibited Firearms

  1. Staff may be authorized in writing by the Institutional Head to transport a particular firearm in a registered Correctional Service of Canada vehicle between two or more specified places for the following reasons:
    1. to provide or participate in training as part of an approved firearms course as per the National Training Standards
    2. to and from an approved shooting range as part of maintenance procedures performed by the Security Maintenance Officer.
  2. Staff may transport a firearm only if the firearm is:
    1. unloaded
    2. rendered inoperable by means of a secure locking device
    3. in a locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken into or accidentally opened during transportation.
  3. A firearm placed in a container described above can be left in an unattended vehicle provided that:
    1. the vehicle is equipped with a trunk or similar compartment that can be securely locked, the container is placed in the trunk/compartment which must then be securely locked, or
    2. if the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle or the part of the vehicle that contains the container is securely locked and the container is not visible.

Maintenance and Repair

  1. Only staff assigned to firearm cleaning or maintenance tasks, and have completed the required training will perform these tasks. Any other repair or modification to any Correctional Service of Canada firearm must be approved by the Director General, Security.

Commissioner,

 

Original signed by:

Don Head


ANNEX A

CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

CD 567 – Management of Security Incidents
CD 567-1 – Use of Force
CD 568-1 – Reporting and Recording of Security Incidents
CD 568-4 – Preservation of Crime Scenes and Evidence
CD 600 – Management of Emergencies

DEFINITIONS

Situation Management Model: a model/graphic representation used to assist staff in determining the correct response options to be used in managing situations.

Threat Risk Assessment: an evaluation of factors that could pose a danger to an offender, the safety of others, or security of an operational unit in particular circumstances.

Warning shot: a shot that is directed into a safe area and is not intended to harm anyone.

ANNEX B

FIREARM DEPLOYMENT STANDARDS

Institutions for Male Inmates
and Regional Treatment Centres
Medium and Multi-Level Security Maximum Security
  9mm C8
Carbine
40mm
Launcher
9mm C8
Carbine
40mm
Launcher
Mobile Patrol Post x x   x x  
Tower Post   x     x  
External Escort Post x     x    
External Escort Ground Support x x   x x  
Service Entrance Control Post   x     x  
Internal Movement Control Posts         x x
Unit Control Post         x x
Gallery Post         x x
Principal Entrance Post   x     x  
Main Communications and Control Post (MCCP)            

For clustered sites, the table applies to the specific medium, maximum and multi-level units.

All posts inside of an institutional perimeter must be of the Class A technical standard in order to arm a post, regardless of the table above.

For posts equipped with the 40mm launcher, the minimum standard is 10 OC Muzzle Blast and 10 Impact rounds.

Where indicated above, the provision of a 9mm pistol is one pistol and three magazines loaded with 13 rounds each, while the C8 Carbine is one carbine and two magazines loaded with 20 rounds each.

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