5. 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:

non-routine use of restraint equipment;
physical handling/control;
use of inflammatory and/or chemical agents as defined in CD 567-4 and CD 567-5;
use of batons or other intermediary weapons;
use of firearms as defined in CD 567-5; and
deployment of the Emergency Response Team (ERT), in conjunction with at least one of the use of force measures identified above.

6. Situation Management Model (SMM): a model driven by an inmate's behaviour designed to prevent, respond to, and resolve situations using the safest and most reasonable interventions. All uses of force must be consistent with the SMM.

7. Cell or area extraction: a procedure by which an uncooperative inmate is physically removed from his or her cell or an area of the institution by a process that may involve a use of force.

8. Spontaneous use of force: an immediate intervention by staff to an incident in which at least one use of force measure, as defined in paragraph 5 and consistent with the SMM, is required to bring a safe resolution to the situation.

9. Planned use of force:

line staff - the deployment of line staff authorized by the Institutional Head, Crisis Manager or Correctional Manager through an Intervention Plan; and/or
Emergency Response Team authorized through a Situation, Mission, Execution, Administration and Communication SMEAC or Action Plan;

in conjunction with at least one use of force measure, as identified in paragraph 5.

10. Intervention Plan:

an intervention strategy designed to respond to an incident when time and/or circumstances allow line staff the opportunity to formulate their response;
this plan may be developed simultaneously as an incident unfolds; and
the plan must be documented by the appropriate staff in an Officer's Statement/Observation Report, and when time and circumstances permit, captured on a video-recording.

11. SMEAC: acronym for an intervention strategy designed to resolve a situation requiring ERT deployment. The process covers five aspects: Situation, Mission, Execution, Administration and Communication.

12. Health Care Practitioner: a practitioner registered or licensed in the province of practice (i.e. Physicians and Nurses).

13. Reportable use of force: all uses of force as defined in paragraph 5 are reportable as outlined in paragraph 45.

14. Expedited review (of a use of force): an immediate review of a use of force, determined by the Director General, Security, in consultation with the Assistant Deputy Commissioner, Institutional Operations, and the Assistant Commissioner, Correctional Operations and Programs, when the conditions explained in paragraphs 47-50 of this CD are met.

15. Full review (of a use of force): an analysis and assessment of all incident-related documentation and video-recordings, including those from fixed cameras if applicable, to ensure compliance with law and policy while undertaking corrective action where deficiencies are found.

All institutional and regional reviews will be full reviews.

16. Selective review (of a use of force): an analysis and assessment of incident-related documentation to verify compliance with law and policy. At a minimum, the Incident Report, the Use of Force Report, the Reportable Use of Force - Post-Incident Checklist (CSC/SCC 1277E) and the Checklist for Health Services Review of Use of Force must be reviewed. Should serious concerns be identified during a selective review, a full review must be conducted. Selective reviews will only be completed by the Security Branch at National Headquarters.

RESPONSIBILITIES

17. The Director General, Security, must ensure that:

policies and procedures are consistent with the law and support a safe working and living environment;
security procedures related to the use of force are within the scope of the law and CSC policy;
each incident involving use of force is reported accurately and subsequently reviewed at the institutional, regional and national levels;
verbal and written direction, if necessary, is provided to the appropriate regional authority to ensure that corrective action is taken to address deficiencies related to the use of force; and
he or she identifies use of force incidents that will be subjected to a full review by the Security Branch at National Headquarters.

18. The Assistant Deputy Commissioner, Institutional Operations, must:

be involved in an expedited review of a use of force, as described in paragraphs 47-50; and
ensure the review of all uses of force in his or her region, as described in paragraphs 57-60.

19. The Institutional Head must ensure that:

all interventions are consistent with the Situation Management Model described in CD 567;
any planned use of force as defined in paragraph 9a is authorized through an Intervention Plan, and any planned use of force as defined is 9b is authorized through a SMEAC or Action Plan;
during the development of an Intervention Plan as defined in paragraph 10, consultation with a Health Care Practitioner as it pertains to parts i, ii and iii of paragraph 19d, will be based on time and circumstances;
during the development of the SMEAC, as defined in paragraph 11, a Health Care Practitioner is informed of:
1. the inmate(s) involved,
2. the nature of the force to be used, and
3. the time, date and location of the anticipated use of force;
a Health Care Practitioner communicates to the Crisis Manager any mental and/or physical health issues concerning the inmate(s) involved that may assist in the development of the plan;
the Health Care Practitioner does not offer advice concerning the type of force to be used;
any use of force that is to be carried out on a pregnant inmate, must be done so in accordance with paragraph 23 of this CD;
video-recording devices, cameras and accessories are available and in working order;
sufficient staff are properly trained on the use of the camera and video-recording procedures as outlined in the Camera Operator Package developed by National Headquarters;
procedures are in place for staff to follow in the event a use of force occurs off the penitentiary reserve;
before a staff member can participate in a planned use of force, the Crisis Manager, Correctional Manager and/or ERT leader consider the following factors (if known) that may negate the participation of certain staff members from the intervention. Was the staff member involved in a situation immediately prior to the planned intervention whereby the staff member was the recipient of:
1. serious verbal threats,
2. physical abuse, and
3. any other type of abuse or threat by the inmate in question or his/her associates;
- If any of these factors are present and known to the Crisis Manager, Correctional Manager and/or ERT leader, when practical, the staff member should not participate in the intervention.
- When a staff member who falls within these parameters is permitted to participate in a planned use of force, the authorizing authority must document, during the development of the Intervention Plan or SMEAC, as to the reasons why.
when a staff member is directly involved in a spontaneous use of force, attempts are made, when practical, to limit his or her involvement beyond what is necessary to control the situation;
following every use of force incident:
1. the Health Care Practitioner offers a physical assessment to every inmate involved in the use of force incident, and examines those who consent to the physical assessment;
2. the Correctional Manager ensures every staff member involved in the use of force incident is given the opportunity to report to Health Services so he or she may be offered a physical assessment;
following each use of force incident, all required documents are completed by staff members present during the incident and submitted in accordance with CD 568-1;
a full review of the incident is conducted in accordance with the procedures outlined in Reviewing the Incident;
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 includes as part of the institutional review, a written explanation for the inability to video-record;
once the Institutional Head has approved the full review, the written documentation and video-recordings are copied and forwarded, together with any comments, to Regional Headquarters and the Office of the Correctional Investigator; and
reporting requirements as outlined in paragraph 45 are met for each use of force incident.

PROCEDURES

Use of Force

20. Any use of force must be conducted in accordance with the general principles stated in paragraphs 8, 9 and 10 of CD 567.

21. Any use of force involving the non-routine use of restraint equipment, the use of chemical and/or inflammatory agents, or firearms must be conducted in accordance with the procedures stated in CD 567-3, CD 844, CD 567-4, and CD 567-5, respectively.

22. Any use of force must be conducted in accordance with training standards, as approved by the Director General, Learning and Development.

Pregnant Inmates

23. Prior to a use of force on a pregnant inmate, the following must be considered:

the safety of both the pregnant inmate and the fetus must be taken into account in all situations where the application of restraints, physical handling/control, use of chemical/inflammatory agents or cell extraction is being considered and applied;
restraints should only be used as a last resort with pregnant inmates. Wrist, ankle and waist restraints on pregnant women can increase the likelihood of falling and therefore increase the risk of injury to the fetus because the woman cannot use her hands to protect herself. If restraint equipment is used on a pregnant inmate, extreme caution must be exercised to ensure that both the woman and fetus are protected from injury (e.g. supported by staff on each side while walking). If soft restraints are being considered for application on a pregnant inmate, assessment and approval by a Physician will normally be sought if time and circumstances permit;
when pregnant inmates are being transported, body belts (hard restraint equipment), if required, must be applied in such a way so as to ensure that no pressure is exerted on the woman's abdomen or torso; and
pregnant inmates should not be restrained during labour and delivery. However, should restraints become necessary, CSC escorting staff will consult with the attending Physician to determine the safest and most appropriate restraint option.

When to Video-Record

24. A video-recording must be made from the beginning (of an Intervention Plan as described in paragraph 10, or the development of the SMEAC) of any planned use of force, and as soon as possible once a spontaneous use of force is under way. A video-recording must be made 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.

25. The camera operator must begin the video by stating his or her name, the date and time, as well as a brief synopsis of the incident, if known. For video cameras with the capability, the date and time must be entered electronically, unless doing so would create a delay in recording the incident.

26. All briefings to staff who are directly involved in the incident must be video-recorded unless a delay would result in serious bodily injury, loss of life or the destruction of evidence.

27. Prior to stopping the video-recording for any reason (end of incident, change batteries, change disc, etc.), the camera operator must state his or her name, the date and time and the reason for stopping the camera. When the camera stops by itself (camera malfunction, battery problems, etc.), the camera operator must narrate the above information once the camera is operational again. The camera operator must detail all relevant information in the Officer's Statement/Observation Report.

28. If, following a use of force incident, an inmate is being transported outside of the institution (ERT escort to a higher level of security, ERT escort to court, etc.), the decision to continue videotaping while in transit must be based on the inmate's current behaviour and/or past behaviour in similar circumstances. The decision must be made in consultation with the Institutional Head or delegate, and must be stated on the video recording, and documented in the SMEAC as well as in an Officer's Statement/Observation Report.

29. If the decision to not video-record has been made prior to departure as noted in paragraph 28, 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 procedures as outlined in paragraph 27.

30. If the video-recording is suspended while the inmate is in transit and the inmate has been cooperative throughout, the video-recording must resume upon arrival at the destination, prior to the inmate being removed from the vehicle.

31. Video-recording is not authorized in outside hospitals.

Strip Search Recording

32. During the strip search of a compliant inmate:

a privacy barrier such as a half-wall, privacy curtain, or portable barrier preventing visual inspection of the private parts of the inmate must be placed between the inmate and the camera operator. The camera operator is not to be considered as one of the two staff members responsible for conducting the strip search;
only one of the officers conducting the search will instruct the inmate;
all staff members involved must be the same gender as the inmate;
where an offender has been diagnosed with gender identity disorder as per CD 800, staff must ensure that the strip search takes into consideration the mixed gender physiology of the inmate (see Security Bulletin 2006-05 and associated protocol document); and
the camera operator must 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 (structural limitation, etc.), the camera operator must fully capture on video the officers conducting the strip search.

33. During the strip search of a non-compliant inmate:

to determine whether the inmate is compliant or not during the strip search, the Officer in Charge of the intervention (ERT Leader, Correctional Manager, etc.) must ask the inmate the following:
- A strip search must be conducted. Physical handling or chemical or inflammatory agents may be used. Will you cooperate and remove your clothes yourself? Do you understand?
- (The question should be repeated at least three times, if necessary.)
all staff members involved must be the same gender as the inmate; and
the camera operator must video-record the strip search ensuring that staff members performing the search and the inmate are filmed simultaneously. In these cases, it may be necessary to videotape a naked or partially naked inmate.

DECONTAMINATION

34. In the event that chemical and/or inflammatory agents have been used, the decontamination procedures outlined in Annex A of CD 567-4 must be explained by staff to the affected inmate(s). The decontamination procedures must be video-recorded.

35. The camera operator must be the same gender as the inmate. The privacy of the inmate must be respected during the recording. The same process for video-recording a strip search must apply to video-recording the decontamination process.

PHYSICAL ASSESSMENT

36. Once the inmate has been decontaminated (if required), a post use of force physical assessment will take place, if possible, at the inmate's final cell destination and, normally, with restraint equipment removed (dependent on the inmate's behaviour, as determined by the Officer in Charge):

the Correctional Manager in charge must ensure that the Health Care Practitioner is briefed on the type(s) of force used and the inmate's response to it, and that this briefing is video-recorded;
the offering of a post use of force physical assessment by a Health Care Practitioner and any subsequent offerings thereafter must also be video-recorded;
should the inmate consent to a physical assessment, it too must be video-recorded;
the Health Care Practitioner must 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-harm or suicide) must not be video-recorded (see CD 844); and
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.

37. In the absence of a Health Care Practitioner on shift, the Institutional Head may:

call a Health Care Practitioner into the institution; or
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;
1. in this instance, the First Aid Attendant must be briefed as stated in paragraph 36a,
2. the offering of the first aid assessment and any subsequent offerings thereafter must be captured on video,
3. should the inmate consent to a first aid assessment, it too must be video-recorded, and
4. the first aid assessment must be closed off by the first aid attendant with a video-recorded synopsis of the assessment, and documented in an Officer's Statement/Observation Report.

38. If, following a post use of force first aid assessment, no other medical intervention is deemed necessary, the Correctional Manager in charge must ensure that the inmate is offered a physical assessment by a Health Care Practitioner as soon as one is back on shift.

39. If an inmate refuses the offer of a post use of force physical or first aid assessment, a second offer must be made within an hour following the initial refusal. This is in accordance with the associated Health Services Guidelines.

40. When a staff member attends Health Care for a post use of force physical assessment by a Health Care Practitioner, this must be documented in the Use of Force Report, and in an Officer's Statement/Observation Report. The physical assessment of a staff member must never be video-recorded and the name of the staff member must not be noted in the documentation.

COMPLETION OF THE INCIDENT

41. An incident will normally be considered complete:

once the inmate has been decontaminated (if required) and secured in a designated cell; and
once the inmate has been released from restraint equipment and offered a physical assessment by a Health Care Practitioner or, in the absence of a Health Care Practitioner, a first aid assessment as outlined in paragraph 37b; or
when a physical assessment has been completed by a Health Care Practitioner, or when a first aid assessment has been completed by a staff member certified in first aid as outlined in paragraphs 37b and 38.

42. In accordance with the Guidelines for Health Services Responsibilities Related to Use of Force Incidents, the Health Care Practitioner must note his or her comments in the Use of Force Report and in an Officer's Statement/Observation Report.

43. Upon completion of the incident, the camera operator must complete an Officer's Statement/Observation Report detailing his or her role in the incident. The camera operator must also provide the video-recording to the Institutional Head or delegate after labelling it with:

the incident type;
date and time of the incident;
the name and FPS number of the inmate(s);
the name of the institution; and
"Nudity" or "Partial Nudity" if applicable.

44. All originals and copies of video-recordings and documents must be designated "PROTECTED B", and handled accordingly.

REPORTING REQUIREMENTS

45. The following documents, as applicable, must be completed and/or submitted for review after a use of force:

Use of Force Report (CSC/SCC 0754);
Officer's Statement/Observation Report (CSC/SCC 0875), from each staff member present during the incident;
the SMEAC (CSC/SCC 1212), which must be signed by the Crisis Manager and the ERT leader before the team is deployed. The signing of the SMEAC cannot be delegated to the Correctional Manager level;
the Correctional Manager, Operations, or equivalent, must notify the inmate that he or she may provide his or her version of the incident to the Institutional Head. The inmate may present his or her version verbally or in writing to the Manager, or if requested, a direct interaction with the Institutional Head;
Checklist for Health Services Review of Use of Force (CSC/SCC 0754-1);
Offender Management System Incident Report;
Seclusion and Restraint Observation Report (CSC/SCC 1006);
Post Search Report (CSC/SCC 1365);
Reportable Use of Force - Post-Incident Checklist (CSC/SCC 1277E) (electronic and hard copy); and
other related documents.

REVIEWING THE INCIDENT

46. Upon completion of any incident involving the use of force, a preliminary review must be completed by the Institutional Head, Deputy Warden, Assistant Warden of Operations, Correctional Manager of Operations, or equivalent or any combination thereof, within two (2) working days, in order to identify any serious concern or deficiency.

47. In cases where the preliminary review indicates possible serious violations of legislation or policy, or any other aspects which may cause serious concerns, 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, must be informed immediately in writing by the Institutional Head with a description of the incident, a summary of any concerns, and a plan to address the noted concerns (e.g. a use of force incident that involved excessive use of force or resulted in the death of or serious injury to an inmate or staff member).

48. In these cases, the Director General, Security, in consultation with the Assistant Deputy Commissioner, Institutional Operations, and the Assistant Commissioner, Correctional Operations and Programs, must decide if an expedited review of the incident, as defined in paragraph 14, should commence immediately and, if so, notify Regional Headquarters, the Institutional Head and the Office of the Correctional Investigator accordingly.

49. When notified by National Headquarters that an expedited review is necessary, the Institutional Head must ensure that the use of force package is immediately forwarded simultaneously to Regional Headquarters and National Headquarters, and the Office of the Correctional Investigator if requested, and contains:

the Use of Force Report, with a minimum of Sections I, II and IV completed;
the Offender Management System Incident Report;
all Officer's Statement/Observation Reports;
a copy of all incident-related video;
an action plan to address identified deficiencies or deal with violations of law and/or policy; and
any other documentation related to that use of force.

50. In instances where an expedited review has been initiated, there must be ongoing consultation between National Headquarters, Regional Headquarters and the institution in order to assist in the timely completion of the review and formulation of a corrective action plan.

51. All use of force incidents must be fully reviewed at the institutional and regional levels, as defined in paragraph 15.

52. The Chief, Health Services, will:

participate in the review process for all use of force incidents, unless directly involved in the use of force incident, in which case, the Manager, Clinical Services, must conduct the review;
evaluate the physical assessment of inmates involved in the incident; and
document this evaluation on the Checklist for Health Services Review of Use of Force (CSC/SCC 0754-01).

53. The Institutional Head must finalize the institutional review by completing section VII of the Use of Force Report and all sections of the Reportable Use of Force - Post-Incident Checklist (CSC/SCC 1277E) up to and including the Institutional Head's assessment.

54. The Institutional Head or delegate must forward a copy of all 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 must forward an electronic copy of the Reportable Use of Force - Post-Incident Checklist (CSC/SCC 1277E) to Regional Headquarters.

55. The original video-recording and documents must be kept at the institution for a period of two (2) years, unless required by court order, National Headquarters or archived. Copies must be made and retained before the originals are released.

56. Disposal and archiving of all video-recordings and documentation must be in accordance with the Departmental Records Disposition Authority.

REGIONAL REVIEW

57. The Assistant Deputy Commissioner, Institutional Operations, or his/her delegate, must conduct the regional full review and complete the Regional Assessment section of the Reportable Use of Force - Post-Incident Checklist (CSC/SCC 1277E).

58. The Regional Director, Health Services, must participate in the review process when force has been used to administer a medical treatment, as well as provide expert advice in assessing the appropriateness of Health Services interventions and documentation, and recommend corrective measures as necessary.

59. The Assistant Deputy Commissioner, Institutional Operations, must complete section VIII of the Use of Force Report. A copy of this Use of Force Report, the video-recordings, and all supporting documents must be forwarded to the Director General, Security, with a transmittal notice within 25 working days of receipt of the institutional review.

60. The designated staff member at Regional Headquarters must e-mail an electronic copy of Reportable Use of Force - Post-Incident Checklist (CSC/SCC 1277E) to the GEN-NHQ UOF mailbox. At this time, a copy of the completed Use of Force Report and Reportable Use of Force - Post-Incident Checklist must be forwarded to the Office of the Correctional Investigator with a transmittal notice.

NATIONAL REVIEW

61. All use of force incidents must be reviewed at the national level. The Director General, Security, must identify for the Security Branch, those use of force incidents requiring a full review. The designated reviewer will complete the National Assessment section of the Reportable Use of Force - Post-Incident Checklist. National reviews must be completed within 30 working days from the date the use of force package is received from the region.

62. As required, the Director General, Security, must forward the national review to:

the Deputy Commissioner for Women, for all uses of force involving women offenders;
the Director General, Clinical Services, for use of force incidents for medical interventions, which must include all use of force incidents that occur in treatment centres;
the Director General, Investigations; and
the Director General, Rights, Redress and Resolution.

63. The Director General, Clinical Services, must forward the results of the Health Services review to the Regional Director, Health Services, the Institutional Head, the Chief of Health Services or equivalent, and others as appropriate for follow-up as necessary.

64. The Director General, Security, must forward the finalized electronic national review and additional documents, if any, to the respective Institutional Head, the Director of Operations at Regional Headquarters, and the Office of the Correctional Investigator.

65. Copies of video-recordings and documents must be kept at National Headquarters for a period of two (2) years.

Commissioner,

Original signed by:
Don Head

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All institutional and regional reviews will be full reviews.