Use of Force
- To establish procedures for use of force incidents
Applies to staff involved in the use of force
- The Director General, Security, will:
- The Assistant Deputy Commissioner, Institutional Operations, will:
- The Regional Director, Health Services, will:
- The Institutional Head will ensure that:
- The Deputy Warden will develop individualized use of force protocols for inmates diagnosed with gender identity disorder pursuant to CD 800 – Health Services
- The Chief, Health Services, will:
- A health care professional will:
- The Correctional Manager will ensure every staff involved in the use of force incident is given the opportunity to report to Health Services for a physical assessment.
- All staff present during the use of force incident will complete documentation pursuant to CD 568-1 – Recording and Reporting of Security Incidents.
- If time and circumstances permit, consultation with a health care professional will occur during the development of the Intervention Plan.
- During the development of the SMEAC, a health care professional will be informed of:
- A staff member should not participate in a planned use of force if he/she was involved in a situation immediately prior to the planned intervention whereby the staff member was subject to:
- If a staff member who falls within the above parameters is permitted to participate in a planned use of force, the authorizing authority will document the reasons in the Intervention Plan or the SMEAC.
- When a staff member is directly involved in a spontaneous use of force, attempts will be made, when practical, to limit his/her involvement beyond what is necessary to control the situation.
- Restraints for health purposes will be managed pursuant to CD 843 – Management of Inmate Self-Injurious and Suicidal Behaviour.
- The camera operator will begin recording by stating his/her name, the date and time, and provide a brief synopsis of the incident, if known. For video cameras with the capability, the date and time will be entered electronically, unless doing so would create a delay in recording the incident.
- All briefings to staff who are directly involved in the incident will be video-recorded unless a delay would result in serious bodily injury, loss of life or the destruction of evidence.
- Prior to stopping the video-recording for any reason (including when a Health Care Professional begins medical treatment), the camera operator will state his/her name, the date and time and the reason for stopping the camera. When the camera stops by itself, the camera operator will narrate the above information once the camera is operational again. He/she will detail all relevant information in a Statement/Observation Report (CSC/SCC 0875).
- When a planned use of force was not video-recorded from the onset, or a spontaneous use of force was not video-recorded as soon as it was possible, the Institutional Head will provide a written explanation for the inability to video-record as part of the institutional review.
- If, following a use of force, an inmate is being transported outside of the institution, a decision to continue video-recording while in transit will be based on the inmate’s current behaviour and/or past behaviour in similar circumstances. The decision will be made in consultation with the Institutional Head or delegate, and will be stated on the video recording, and documented in the SMEAC as well as in a Statement/Observation Report (CSC/SCC 0875).
- If a decision is made not to video-record, it is incumbent upon the camera operator to re-commence recording immediately should the inmate’s behaviour become problematic. All breaks in video-recording will follow previous procedures.
- Video-recording is not authorized in outside hospitals.
Strip Search Recording
- During the strip search of a non-compliant inmate:
- If the inmate has been decontaminated, a post use of force physical assessment will be offered by a health care professional, normally, at the inmate’s final cell destination, with restraint equipment removed (as determined by the Officer in Charge). This offer and all subsequent offers will be recorded.
- The physical assessment will be video-recorded in accordance to the Guidelines for Health Services Responsibilities Related to Use of Force Incidents.
- The health care professional will end the physical assessment by providing a video-recorded synopsis of the assessment. If the inmate requires treatment following the assessment, the treatment (including for self-injurious or suicidal behaviour) will not be video-recorded.
- If the physical assessment is conducted while the inmate is still in restraint equipment, a final health care check of the wrist/ankle areas will take place at the inmate’s cell, once the restraint equipment has been removed.
- In the absence of a health care professional on shift, the Institutional Head will:
- call a health care professional into the institution, or
- As defined in Annex B, after a level 2 use of force (full review) and a level 3 (expedited review), if an inmate refuses the offer of a physical or first aid assessment, a second offer will be made within an hour following the initial refusal pursuant to Guidelines for Health Services Responsibilities Related to Use of Force Incidents. A second offer for a physical assessment by a health care professional or first aid assessment is not required for a level 1 (compressed review).
- When a staff member attends Health Care for a post use of force physical assessment by a health care professional, this will be documented in the Use of Force Report (CSC/SCC 0754), and in a Statement/Observation Report (CSC/SCC 0875). The physical assessment of a staff member will not be video-recorded and the name of the staff member will not be noted in the documentation.
Completion of the Incident
- Pursuant to the Guidelines for Health Services Responsibilities Related to Use of Force Incidents, the health care professional will note his/her comments in the Use of Force Report (CSC/SCC 0754) and Statement/Observation Report (CSC/SCC 0875).
- Upon completion of the incident, the camera operator will prepare a Statement/Observation Report (CSC/SCC 0875) detailing his/her role in the incident. He/she will also provide the video-recording to the Institutional Head or delegate after labelling it with:
- All originals and copies of video-recordings and documents will be designated “PROTECTED B”, and handled accordingly.
- The following documents will be completed and submitted for review after a level 1 (compressed) use of force:
- The following documents, as applicable, will be completed and submitted for review after a level 2 use of force (full review) and a level 3 (expedited review):
Review of the Incident
- The Institutional Head will ensure that the Assistant Warden, Operations, and the Correctional Manager, Operations, or equivalent or any combination thereof, will, within two working days, complete a preliminary review of any incident involving the use of force in order to identify any serious concern or deficiency.
- There are three levels of reviews as defined in Annex B
- level 1: a compressed review
- level 2: a full review
- level 3: an expedited review
- For every level of review, the Statement/Observation Reports, the OMS Reports, the Use of Force Reports, and the Checklist for Health Services Review of Use of Force must be reviewed. Should information be identified during a review which warrants increased scrutiny, a higher level of review must be conducted. Each level will be completed as follows:
- In cases where the preliminary review indicates possible serious violations of legislation or policy, or any other aspects which may cause serious concerns, the Institutional Head will immediately inform, in writing, the Assistant Deputy Commissioner, Institutional Operations, the Director General, Security, and when applicable the Deputy Commissioner for Women, the Assistant Commissioner, Health Services, and the Director General, Aboriginal Initiatives. The Institutional Head will provide a description of the incident and a summary of any concerns.
- In these cases, the Director General, Security, in consultation with the Assistant Deputy Commissioner, Institutional Operations, will decide if an expedited review of the incident should commence immediately and, if so, notify Regional Headquarters, the Institutional Head, the Office of the Correctional Investigator, and the Director General, Incident Investigations.
- When notified by the Director General, Security, that an expedited review is necessary, the Institutional Head will ensure that the use of force package is immediately forwarded simultaneously to Regional Headquarters, National Headquarters and the Office of the Correctional Investigator, and contains:
- The Institutional Head will finalize the level 1 (compressed) institutional review by completing the Compressed Use of Force Report & Post-Incident Checklist (CSC/SCC 1466).
- The Institutional Head will forward a copy of all level 1 compressed use of force review video-recordings, when available, and all incident-related documents to National Headquarters and the Office of the Correctional Investigator with a transmittal notice within 20 working days of the incident.
- The Institutional Head will finalize the level 2 review by completing section VII of the Use of Force Report (CSC/SCC 0754) and all sections of the Reportable Use of Force – Post-Incident Checklist (CSC/SCC 1277E) up to and including his/her assessment.
- The Institutional Head or delegate will forward a copy of all level 2 and/or level 3 use of force review video-recordings and all incident-related documents to the Assistant Deputy Commissioner, Institutional Operations, and the Office of the Correctional Investigator with a transmittal notice within 20 working days of the incident. The institution will forward an electronic copy of the Reportable Use of Force – Post-Incident Checklist (CSC/SCC 1277E) to Regional Headquarters.
- The original video-recordings and documents will be kept at the institution for a period of two years, unless required by court order or by National Headquarters. Copies will be made and retained before the originals are released.
- Disposal and archiving of all video-recordings and documentation will be in accordance with the Departmental Records Disposition Authority.
- The Director General, Security, will identify for the Security Branch, those use of force incidents requiring a full review (level 2). The designated reviewer will complete the National Assessment section of the Reportable Use of Force – Post-Incident Checklist (CSC/SCC 1277E). National reviews will be completed within 30 working days from the date the use of force package is received from the region.
- As required, the Director General, Security, will forward the national review to:
- The Director General, Clinical Services, will forward the results of the Health Services review to the Regional Director, Health Services, the Institutional Head, the Chief, Health Services, or equivalent, and others as appropriate for follow-up as necessary and will inform the Director General, Security, of any corrective action required.
- The Director General, Security, will forward the finalized electronic national review and additional documents, if any, to the respective Institutional Head, the Director, Operations, at Regional Headquarters, and the Office of the Correctional Investigator.
- Copies of video-recordings and documents will be kept at National Headquarters for a period of two years. In cases of a civil or judicial proceeding, all material must be kept for a minimum of two years after the case is completed.
- Strategic Policy Division
Original Signed by:
CROSS-REFERENCES AND DEFINITIONS
CD 253 – Employee Assistance Program
GL 253-2 – Critical Incident Stress Management
CD 566-7 – Searching of Inmates
CD 567 – Management of Security Incidents
CD 567-2 – Use of and Responding to Alarms
CD 567-3 – Use of Restraint Equipment for Security Purposes
CD 567-4 – Use of Chemical and Inflammatory Agents
CD 567-5 – Use of Firearms
CD 568-1 – Recording and Reporting of Security Incidents
CD 577 – Staff Protocol in Women Offender Institutions
CD 600 – Management of Emergencies
CD 800 – Health Services
CD 843 – Management of Inmate Self-Injurious and Suicidal Behaviour
Departmental Records Disposition Authority
GL for Health Services Responsibilities Related to Use of Force Incidents
Area extraction: the removal of a non-compliant inmate from an area of the institution. (See also cell extraction.)
Cell extraction: the removal of a non-compliant inmate from his/her cell. (See also area extraction.)
Health care professional: an individual registered or licensed for autonomous practice in the province of practice. Individuals must operate within their scope of practice and competence. Examples include Psychologists, Psychiatrists, Physicians, Mental Health Nurses, and Clinical Social Workers.
Planned use of force: the authorized deployment of staff or the Emergency Response Team by the Institutional Head, Crisis Manager or Correctional Manager through an Intervention Plan or SMEAC (Situation, Mission, Execution, Administration and Communication).
SMEAC: acronym for an intervention strategy designed to resolve a situation requiring the Emergency Response Team deployment. The process covers five aspects: Situation, Mission, Execution, Administration and Communication.
Situation Management Model: a model/graphic representation used to assist staff in determining the correct response options to be used in managing security situations.
Spontaneous use of force: an immediate intervention by staff to an incident in which at least one use of force measure, consistent with the Situation Management Model, is required to bring a safe resolution to the situation.
Use of force: any action by staff, on or off of institutional property, that is intended to obtain the cooperation and gain control of an inmate, by using one or more of the following measures:
Use of force compressed review: a condensed analysis and assessment of incident-related documentation and video-recordings (when available) to ensure compliance with law and policy.
Use of force expedited review: an immediate review of a use of force by Regional Headquarters and/or National Headquarters Security Branch.
Use of force full review: an analysis and assessment of all incident-related documentation and video-recordings (when available) to ensure compliance with law and policy.
THREE DEFINED LEVELS OF REVIEW
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
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