Commissioner's Directive

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Policy Bulletin 268

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POLICY OBJECTIVE

1. To ensure that firearms are used as an appropriate response to protect staff, other inmates and the public.

AUTHORITIES

2. Commissioner's Directive 567 - Management of Security Incidents

Section 73 of the Corrections and Conditional Release Regulations

Criminal Code, Sections 25 and 27

CROSS-REFERENCES

3. Commissioner's Directive 567-1 - Use of Force

Commissioner's Directive 568-4 - Preservation of Crime Scenes and Evidence

Security Manual, Part II, Contingency Planning and Emergency Response Guidelines under chapter 2.5 - Planning Considerations, May 1997 Edition

DEFINITIONS

4. Use of firearms:

1. pointing a firearm at someone;
2. charging a firearm;
3. discharging a warning shot; and
4. discharging an aimed shot.

5. Warning shot: an aimed and/or fired shot that is directed into a safe area or place that is not intended to hit or harm anyone.

RESPONSIBILITIES

6. The Institutional Head will:

1. ensure that every staff member issued a firearm or assigned to an armed post is properly trained and certified;
2. develop Standing Orders that outline:
   1. change-over procedures, and
   2. controls for accountability for firearms and ammunition in order to ensure the safety and security of firearms and staff.

7. The Director General, Security will provide direction to the Director General, Learning and Development regarding training standards for the use of firearms.

8. Staff members who may be required to use firearms in the course of their duties will qualify annually in the use of firearms (utilized in their specific institution), including:

1. safe handling;
2. demonstrated knowledge of the law and the CSC Situation Management Model; and
3. marksmanship.

CONSEQUENCES OF FAILURE

9. Staff members who fail to qualify on a given type of firearm will not be deployed to a post where that type of firearm is assigned until such time as they have requalified.

PROCEDURES AND REQUIREMENTS

10. Staff will respond to incidents in accordance with the Situation Management Model as per CD 567.

11. A firearm, whether loaded or unloaded, should never be pointed at anyone unless there is a lawful reason to do so.

12. No firearm will be fired at or from a moving vehicle, or aircraft. However, if in the opinion of staff, the risk to the safety of staff members being fired upon is greater than the risk of firing back at the outside perpetrator(s) inside the vehicle or aircraft, staff may fire upon the perpetrator(s).

13. Provided that there is low probability of injury or death to a person, firearms may be discharged other than noted above 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;
3. regain control over a serious security situation.

14. No shotguns will be kept in armed posts. All shotguns will be stored in the institutional armory.

15. No one issued a firearm will transfer possession to anyone else unless in a life-threatening situation.

WARNING SHOTS

16. Before warning shots are fired, a verbal warning will be given, unless time and circumstances do not permit this.

17. A warning shot may be used to prevent death, grievous bodily harm or escapes from a medium or maximum-security institution when all lesser means are not available, have proven unsuccessful or are not the safest and most reasonable intervention given situational factors.

USE OF FIREARMS

18. An aimed shot at an individual may be used to prevent destruction of property if there is a reasonable possibility that a life-threatening incident will develop and if lesser means are not available, have proven unsuccessful or are not the safest and most reasonable intervention given situational factors.

19. An aimed shot at an individual to prevent death, grievous bodily harm or escapes from a medium or maximum-security institution will only be used when lesser means are not available, have proven unsuccessful or are not the safest and most reasonable intervention given situational factors.

20. By virtue of the population in maximum and medium-security institutions, staff in armed posts can reasonably assume that the inmates in those institutions meet the criteria set out in paragraph 25(5) (a) of the Criminal Code.

21. In the event that a helicopter or other air/water craft is used to assist in an escape from a medium or maximum-security institution, staff may use the necessary force including the firing of a firearm at the escapee(s) to prevent them from reaching the helicopter and escaping.

22. In instances where an attack on the perimeter occurs, including perimeter posts, the officer assigned to the post will use the appropriate force, including the use of firearms, to stop the attack and to ensure the safety and protection of staff members, inmates and other persons.

23. The mandatory minimum standards that will be considered when pursuing an escapee are outlined in the Security Manual, Part II, Contingency Planning and Emergency Response Guidelines under chapter 2.5 - Planning Considerations.

REPORTING REQUIREMENTS

24. An employee who uses a firearm, as defined in paragraph 4, will:

1. advise his/her supervisor without delay;
2. As soon as practical after a firearm has been discharged, the firearm will be handed over to the Correctional Manager who will tag and secure it as per CD 568-4 - Preservation of Crime Scenes and Evidence.
3. submit an Officer's Statement/Observation Report (CSC/SCC 0875) detailing the incident; and
4. complete a Use of Force Report (CSC/SCC 0754).

25. In all circumstance when a firearm has been discharged other than for training purposes, the Institutional Head or his/her delegate will:

1. immediately notify the police department having jurisdiction and the Assistant Deputy Commissioner, Institutional Operations; and
2. ensure that the Use of Force Report (CSC/SCC 0754) is completed.

26. The Institutional Head or his/her delegate will immediately report all thefts or loss of firearms to the police department having jurisdiction and to the Assistant Deputy Commissioner, Institutional Operations.

Commissioner,

Original signed by:
Don Head