Commissioner's Directive

Use of Force

AUTHORITIES

PURPOSE

APPLICATION

Applies to staff involved in the use of force

RESPONSIBILITIES

  1. The Director General, Security, will:
    1. ensure security procedures related to the use of force are within the scope of the law and CSC policies and limited to only what is necessary and proportionate to attain the purpose of the CCRA
    2. monitor procedures to ensure each incident involving use of force is reported and subsequently reviewed at the institutional level and, where required, at the regional and/or national levels
    3. identify use of force incidents that are subject to an additional review by the Security Branch at National Headquarters
    4. provide written direction, if necessary, to the appropriate regional authority and ensure that corrective action is taken to address deficiencies related to the use of force
    5. collaborate with the Director General, Learning and Development, regarding training standards for use of force
  2. The Assistant Deputy Commissioner, Institutional Operations, will:
    1. participate in expedited reviews of use of force
    2. ensure all use of force incidents are reviewed
  3. The Regional Director, Health Services, will:
    1. participate in the regional review process when force has been used to administer a medical treatment
    2. provide expert advice in assessing the appropriateness of Health Services interventions and documentation
    3. recommend corrective measures as necessary
  4. The Institutional Head will ensure that:
    1. all interventions are reported and managed pursuant to the Situation Management Model in  CD 567
    2. any planned use of force is authorized through an Intervention Plan
    3. any planned use of force with the Emergency Response Team is authorized through a SMEAC Action Plan (CSC/SCC 1212)
    4. staff are trained on use of force as per the training standards
    5. video and/or digital recording devices, cameras and accessories are available and in working order and that a sufficient number of staff are trained on their use
    6. any use of force involving the non-routine use of restraint equipment or the use of chemical agents, inflammatory agents or firearms is conducted pursuant to 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 843 – Management of Inmate Self-Injurious and Suicidal Behaviour and CD 800 – Health Services
    7. procedures are in place for the use of force off the penitentiary reserve
    8. following each use of force incident, all required documents are completed by staff members present during the incident and submitted pursuant to CD 568-1 – Recording and Reporting of Security Incidents
    9. a review of the use of force is conducted and supporting documents completed
  5. The Deputy Warden will develop individualized use of force protocols for inmates diagnosed with gender identity disorder pursuant to CD 800 – Health Services
  6. The Chief, Health Services, will:
    1. participate in the review process for level 2 and 3 use of force incidents (as defined in  Annex B), unless directly involved in the use of force incident, in which case, the Manager, Clinical Services, will conduct the review
    2. evaluate the physical assessment of inmates involved following the incident and document the evaluation on the Checklist for Health Services Review of Use of Force (CSC/SCC 0754-01)
  7. A health care professional will:
    1. if time and circumstances permit, communicate to the Crisis Manager any mental and/or physical health issues concerning the inmate(s) involved that may assist in the development of the Intervention Plan or the SMEAC
    2. offer a physical assessment to every inmate involved in the use of force incident
    3. conduct a physical examination of inmates who have consented
  8. 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.
  9. All staff present during the use of force incident will complete documentation pursuant to CD 568-1 – Recording and Reporting of Security Incidents.

PROCEDURES

Intervention Plan

  1. If time and circumstances permit, consultation with a health care professional will occur during the development of the Intervention Plan.
  2. During the development of the SMEAC, a health care professional will be informed of:
    1. the inmate(s) involved
    2. the nature of the force to be used
    3. the time, date and location of the anticipated use of force
  3. 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:
    1. serious verbal threats
    2. physical abuse, or
    3. any other type of abuse or threat by the inmate in question or his/her associates
  4. 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.
  5. 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.

Pregnant Inmates

  1. Prior to using force on a pregnant inmate, the safety of the inmate and fetus will be considered pursuant to CD 567-3 – Use of Restraint Equipment for Security Purposes.
  2. Restraints for health purposes will be managed pursuant to CD 843 – Management of Inmate Self-Injurious and Suicidal Behaviour.

Video-Recording

  1. A video-recording will be made:
    1. from the beginning of any planned use of force
    2. as soon as possible once a spontaneous use of force is under way
    3. in other incidents where the Institutional Head and/or Officer in Charge expect force may be used based on the inmate's past history, present behaviour and current placement
  2. 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.
  3. 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.
  4. 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).
  5. 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.
  6. 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).
  7. 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.
  8. Video-recording is not authorized in outside hospitals.

Strip Search Recording

  1. During the strip search of a compliant inmate:
    1. two staff members will conduct the strip search (the camera operator is not to be considered as one of them)
    2. a privacy barrier such as a half-wall, privacy curtain, or portable barrier will be used to prevent the recording of the private parts of the inmate
    3. only one of the Correctional Officers/Primary Workers conducting the search will instruct the inmate
    4. all staff members involved, including the camera operator, will be the same gender as the inmate
    5. staff will ensure that inmates diagnosed with gender identity disorder are accommodated with due regard for the vulnerabilities with respect to their needs, including safety and privacy pursuant to CD 800 – Health Services
    6. the camera operator will video-record the strip search ensuring that staff members performing the search and the inmate are filmed simultaneously, while respecting the privacy and dignity of the inmate. In the event this is not possible, the camera operator will fully capture on video the officers conducting the strip search
  2. During the strip search of a non-compliant inmate:
    1. to determine whether the inmate is compliant or not during the strip search, the Officer in Charge of the intervention (e.g. Emergency Response Team Leader, Correctional Manager, etc.) will say the following to the inmate:
      1. “A strip search must be conducted. If you do not cooperate, physical handling, or chemical or inflammatory agents may be used. Will you cooperate and remove your clothes yourself? Do you understand?”
      2. the questions should be repeated at least three times, if necessary
    2. at minimum, two staff members will conduct the strip search (the camera operator is not to be considered as one of them)
    3. only one of the Correctional Officers/Primary Workers conducting the search will instruct the inmate
    4. all staff members involved will be the same gender as the inmate
    5. the camera operator will ensure that staff members and the inmate are filmed simultaneously. In these cases, it may be necessary to videotape a naked or partially naked inmate

Decontamination

  1. In the event that chemical agents have been used, staff will explain the decontamination procedures, pursuant to Annex B of CD 567-4 – Use of Chemical and Inflammatory Agents to the affected inmate(s). Staff will also video-record the decontamination procedures following the same process as for video-recording strip searches.

Physical Assessment

  1. The Correctional Manager or, if applicable, the Emergency Response Team Leader will brief the health care professional on the type(s) of force used and the inmate’s response. The briefing will be video-recorded.
  2. 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.
  3. The physical assessment will be video-recorded in accordance to the Guidelines for Health Services Responsibilities Related to Use of Force Incidents.
  4. 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.
  5. 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.
  6. In the absence of a health care professional on shift, the Institutional Head will:
    1. call a health care professional into the institution, or
    2. have a staff member currently certified in first aid and CPR offer an initial post use of force first aid assessment, consistent with the standards set out in the National Training Standards curriculum, to determine if immediate attention is required. In this instance:
      1. the Correctional Manager or, if applicable, the Emergency Response Team Leader will brief the first aid attendant on the type(s) of force used and the inmate’s response to it, and the briefing will be video-recorded
      2. the offering of the first aid assessment and any subsequent offerings thereafter will be captured on video
      3. should the inmate consent to a first aid assessment, it will be video-recorded
      4. the first aid assessment will be closed off by the first aid attendant with a video-recorded synopsis of the assessment, and documented in a Statement/Observation Report (CSC/SCC 0875)
  7. If, following a post use of force first aid assessment, no other medical intervention is deemed necessary, the Correctional Manager in charge will ensure that the inmate is offered a physical assessment by a health care professional as soon as one is on site.
  8. 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).
  9. 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

  1. An incident will normally be considered complete:
    1. once the inmate has been decontaminated (if required) and secured in a designated cell
    2. after the inmate has been released from restraint equipment and offered a physical assessment by a health care professional or, in the absence of a health care professional, a first aid assessment
    3. when a physical assessment has been completed by a health care professional, or when a first aid assessment has been completed by a staff member certified in first aid
  2. 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).
  3. 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:
    1. the incident type
    2. date and time of the incident
    3. the name and Finger Print Section (FPS) number of the inmate(s)
    4. the name of the institution
    5. “Nudity” or “Partial Nudity” if applicable
  4. All originals and copies of video-recordings and documents will be designated “PROTECTED B”, and handled accordingly.

Reporting Requirements

  1. The following documents will be completed and submitted for review after a level 1 (compressed) use of force:
    1. Compressed Use of Force Report & Post-Incident Checklist (CSC/SCC 1466) will include a notation that the Correctional Manager, Operations, or equivalent, has advised the inmate that he/she may provide his/her version of the incident verbally or in writing to the Manager or to the Institutional Head
    2. Statement/Observation Report (CSC/SCC 0875) will be completed by each staff member present during the incident
    3. Checklist for Health Services Review of Use of Force (CSC/SCC 0754-01)
    4. Incident Report (in the Offender Management System)
  2. 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):
    1. Use of Force Report (CSC/SCC 0754) will include a notation that the Correctional Manager, Operations, or equivalent, has advised the inmate that he/she may provide his/her version of the incident verbally or in writing to the Manager or to the Institutional Head
    2. Statement/Observation Report (CSC/SCC 0875) will be completed by each staff member present during the incident
    3. SMEAC (CSC/SCC 1212) will be signed by the Crisis Manager and the Emergency Response Team Leader before the team is deployed
    4. Checklist for Health Services Review of Use of Force (CSC/SCC 0754-01)
    5. Incident Report (in the Offender Management System)
    6. Seclusion and Restraint Observation Report (CSC/SCC 1006)
    7. Post-Search Report (CSC/SCC 1365)
    8. Reportable Use of Force – Post-Incident Checklist (CSC/SCC 1277E) (electronic and hard copy)
    9. other related documents

Review of the Incident

  1. 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.
  2. 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
  3. 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:
    1. level 1 compressed review will be completed at the institutional level
    2. level 2 requires a full review at the institutional level, a minimum of 25% review at the Regional level; and 5% random review at the National level. Women Offender’s Sector will review a minimum of 25%
    3. level 3 expedited review will require a full review at the Institutional, Regional, National levels and the Office of the Correctional Investigator
  4. 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.
  5. 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.
  6. 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:
    1. the Use of Force Report (CSC/SCC 0754), with a minimum of sections I, II and IV completed
    2. the Incident Report (in the Offender Management System)
    3. all Statement/Observation Reports (CSC/SCC 0875)
    4. a copy of all incident-related video
    5. any other documentation related to that use of force
  7. 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).
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. Disposal and archiving of all video-recordings and documentation will be in accordance with the Departmental Records Disposition Authority.

Regional Review

  1. The Assistant Deputy Commissioner, Institutional Operations, will:
    1. conduct the regional full review (level 2) and complete the Regional Assessment section of the Reportable Use of Force – Post-Incident Checklist (CSC/SCC 1277E)
    2. complete section VIII of the Use of Force Report (CSC/SCC 0754) and send a copy of this Use of Force Report, the video-recordings, and all supporting documents to the Director General, Security, with a transmittal notice within 25 working days of receipt of the institutional review
    3. ensure a copy of Reportable Use of Force – Post-Incident Checklist (CSC/SCC 1277E) is sent by email to the GEN-NHQ UOF mailbox. As well, a copy of the Checklist and a copy of the completed Use of Force Report (CSC/SCC 0754) will be forwarded to the Office of the Correctional Investigator with a transmittal notice

National Review

  1. 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.
  2. As required, the Director General, Security, will forward the national review to:
    1. the Deputy Commissioner for Women, a minimum of 25% of use of force incidents involving women offenders
    2. the Director General, Clinical Services, use of force incidents involving medical interventions, and where serious clinical deficiencies were identified during the institutional review
    3. the Director General, Investigations
    4. the Director General, Rights, Redress and Resolution
  3. 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.
  4. 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.
  5. 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.

ENQUIRIES

  1. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original Signed by:
Don Head

ANNEX A

CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

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
Security Bulletins

DEFINITIONS

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.

Intervention Plan:

  1. an intervention strategy designed to respond to an incident when time and/or circumstances allow line staff the opportunity to formulate their response
  2. this plan may be developed simultaneously as an incident unfolds
  3. the plan must be documented by the appropriate staff in a Statement/Observation Report (CSC/SCC 0875), and when time and circumstances permit, captured on a video-recording

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:

  1. non-routine use of restraint equipment
  2. physical handling/control
  3. display and/or use of inflammatory or chemical agents
  4. use of batons or other intermediary weapons
  5. display and/or use of firearms
  6. deployment of the Emergency Response Team, in conjunction with at least one of the use of force measures identified above

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.

ANNEX B

THREE DEFINED LEVELS OF REVIEW

  • Level 1: (compressed review) a use of force situation where staff presence, verbal instructions, physical handling (no allegation of excessive use of force or injury), control of offender, displaying/pointing of inflammatory agents and/or chemical agents, displaying/pointing or charging of a firearm, or the non-routine application of handcuffs were sufficient to resolve the situation.
  • Level 2: (full review) any other use of force situation where force is used to resolve the incident not covered in level 1.
  • Level 3: (expedited review) a situation where there may be serious violations of policy or circumstances surrounding the use of force requiring an expedited review.
  1. Regional and National Headquarters have the authority to conduct further reviews as required based on their analysis.
  2. At the institutional level during the review process, the review of the Deputy Warden level can be done by the Assistant Warden, Operations.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.