COMMISSIONER'S DIRECTIVE

Use of Force

Policy Bulletin 226

POLICY OBJECTIVES

1. To ensure the use of force is appropriate and in accordance with CSC policy and applicable legislation.

2. To promote learning through the provision of feedback to staff and management on best practices and areas needing improvement.

AUTHORITY

3. Commissioner's Directive 567 – Management of Security Incidents

DEFINITIONS

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

5. Non-reportable use of force: the use of restraint equipment during escorts and movement of inmates following an individual risk assessment is not reportable unless the inmate resists or the action results in a higher level response or injury to the inmate.

6. Reportable use of force:

1. all spontaneous incidents involving use of force where staff members respond to inmate behaviour consistent with the Situation Management Model;
2. all pre-planned use of force including cell extractions and all deployments of Institutional Emergency Response Team (IERT) where the Institutional Head has authorized the use of force when intervention by the crisis negotiator has failed or was deemed inappropriate. The deployment of a team is a use of force even if the inmate becomes compliant upon the arrival of the team.

7. Health care practitioner: physician, nurse or a medically trained individual approved by policy.

RESPONSIBILITIES OF THE DIRECTOR GENERAL, SECURITY

8. The Director General, Security shall ensure that:

1. staff and inmates work and live in as safe and secure environment as is reasonably possible;
2. security procedures related to the use of force are conducted within the scope of the law and CSC policy;
3. each incident involving use of force is reported accurately and subsequently reviewed at the institutional, regional and national levels; and
4. verbal and written direction is provided to ensure that corrective action is taken to address deficiencies related to the use of force.

REGIONAL DEPUTY COMMISSIONER'S RESPONSIBILITIES

9. The Regional Deputy Commissioner shall ensure that the Assistant Deputy Commissioner, Operations completes the appropriate section of the Use of Force Report (CSC/SCC 0754) following the review of each incident.

INSTITUTIONAL HEAD'S RESPONSIBILITIES

10. The Institutional Head shall ensure that:

1. all interventions are consistent with the Situation Management Model described in CD 567;
2. any pre-planned use of force is authorized through an action plan or SMEAC (Situation, Mission, Execution, Administration and Communications);
3. during the development of the plan, 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 and location of the anticipated use of force;
4. the health care practitioner communicates to the officer in charge any health issues concerning the inmate(s) involved that may assist in the development of the plan;
5. the health care practitioner does not offer advice concerning the type of force to be used;
6. cameras and accessories are available and in working order;
7. sufficient staff are properly trained on the use of the camera and videotaping procedures according to the approved training standards;
8. a person has been designated for purposes of control and distribution of videotapes and relevant documentation to Regional Headquarters and the Office of the Correctional Investigator;
9. a health care practitioner examines every offender and staff member involved in the use of force incident; and
10. following each use of force incident, all required documents are completed by staff members present during the incident and a review of the incident is conducted.

11. When a use of force was not videotaped, the Institutional Head shall provide, along with the other required documentation, a written explanation for the inability to videotape it.

PROCEDURES

Use of Force

12. Any use of force shall be conducted in accordance with the general principles stated in paragraphs 6 to 8 of CD 567.

13. Any use of force involving the use of restraint equipment, chemical agents, inflammatory sprays and/or firearms shall be conducted in accordance with the procedures stated in CD 567-3, CD 567-4 and CD 567-5 respectively.

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

When to Videotape

15. A videotape recording shall be made for every pre-planned use of force or potential use of force. It will include but not be restricted to:

1. cell extractions;
2. IERT deployment;
3. major security incidents;
4. strip searches where there is a belief that use of force may be necessary; and
5. other incidents where the Institutional Head expects force may be used based on the inmate's past history, present behaviour and current placement.

16. Videotaping of incidents shall begin as soon as the potential for an incident to take place has been identified.

17. The camera operator shall begin the video by stating the date and time, and shall enter this information electronically on the videotape.

18. All briefings to staff shall be videotaped unless a delay would result in serious injury, loss of life or the destruction of evidence.

19. The camera operator during a strip search or shower of an inmate shall be of the same sex as the inmate.

What to Videotape

20. During the strip search of a compliant inmate, a privacy barrier (e.g., curtain, wall, door or any other similar barrier preventing visual inspection of the private parts of the inmate) shall be placed between the inmate and the camera operator.

21. During the strip search of a non-compliant inmate, the camera operator shall videotape 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.

COMPLETION OF THE INCIDENT

22. An incident shall normally be considered complete once the inmate has been decontaminated and examined by a health care practitioner. The health care practitioner shall note on the Use of Force Report (CSC/SCC 0754) details of the examination and any requirement for further medical treatment.

23. Prior to stopping the videotape when an incident ends, or if maintenance such as changing batteries or videotape is required, or any other interruption occurs, the camera operator shall state the date, time and the reason for stopping the camera.

24. When an incident ends, the camera operator shall provide the videotape to the Institutional Head or his/her delegate after labelling it with:

1. the incident type;
2. date and time of the incident; and
3. name and FPS number of the inmate(s).

25. All originals and copies of videotapes and documents shall be designated “PROTECTED B”, and handled accordingly.

REPORTING REQUIREMENTS

26. After any situation involving the use of force, the following documentation shall be completed and recorded in the Incident Report screens of the Offender Management System (OMS) as required:

1. Use of Force Report (CSC/SCC 0754);
2. Officer's Statement/Observation Report (CSC/SCC 0875), from each officer present during the incident;
3. the SMEAC signed by both the Institutional Head and the IERT leader before the team is deployed; and
4. the offender's version of the incident (staff must provide him/her the opportunity to present his/her version).

REVIEWING THE INCIDENT

27. All situations involving the use of force shall be reviewed at the institutional and regional levels before the relevant documentation is sent to National Headquarters.

28. The following documentation shall be reviewed:

1. the videotape;
2. the Use of Force Report;
3. all Officer’s Statement/Observation Reports;
4. the SMEAC or action plan submitted to the Institutional Head;
5. the written inmate's version; and
6. other related documents.

29. The Institutional Head shall finalize the institutional review after an analysis has been completed by the staff designated on the Use of Force Report. This task shall consist of watching the video and reviewing the Use of Force Report, all Officer's Statement/Observation Reports, the SMEAC, and other related documents, if applicable. The Chief, Health Care shall participate in the review process when force has been used to administer a medical treatment. The Chief, Health Care shall also provide expert advice in assessing the adequacy of both the decontamination procedures and examination of staff and inmates involved in the incident. After completing section VI of the Use of Force Report, the Institutional Head shall contact Regional and National Headquarters without delay if the review indicates serious violations of policies or law, which require immediate attention by the Regional Deputy Commissioner and the Commissioner.

30. The Institutional Head or his/her delegate shall forward a copy of the videotape, the Use of Force Report and all related documents to the Assistant Deputy Commissioner, Operations and the Correctional Investigator with a transmittal notice within 20 calendar days of the incident.

31. The original videotape and documents shall be kept at the institution for a period of two years, unless required by court order or archived. Copies shall be made and retained before the originals are released.

32. Disposal and archiving of all videotapes and documentation shall be in accordance with the Department Records Disposition Authority.

REGIONAL REVIEW

33. The Assistant Deputy Commissioner, Operations or his/her delegate shall conduct the regional review. The Regional Administrator, Health Care shall participate in the review process when force has been used to administer a medical treatment, and provide expert advice in assessing the adequacy of both the decontamination procedures and examination of staff and inmates involved in the incident. The Assistant Deputy Commissioner, Operations shall complete section VII of the Use of Force Report.

34. The Assistant Deputy Commissioner, Operations shall forward the completed Use of Force Report, the videotape, and all supporting documents to the Director General, Security with a transmittal notice within 25 calendar days of receipt of the institutional review. At this time, a copy of the completed Use of Force Report only shall be forwarded to the Office of the Correctional Investigator with a transmittal notice.

NATIONAL REVIEW

35. The Director General, Security or delegate, the Deputy Commissioner for Women or delegate, and the Director General, Health Care or delegate, if applicable shall conduct the national review. The Director General, Security shall determine which incidents shall be reviewed.

36. Upon completion of the review, the Director General, Security shall forward the video review log and any necessary additional documentation to the Correctional Investigator within 15 calendar days.

37. The Director General, Security shall forward the national review and additional documents, if any to the Institutional Head and the Regional Administrator, Security. If applicable, the Director General, Security shall forward the national review to the Deputy Commissioner, Women, the Director General, Health Care, the Director General, Investigations and the Director General, Rights, Redress and Resolutions.

38. Copies of videotapes and documents shall be kept at National Headquarters for a period of two years.

Commissioner,

Original signed by
Keith Coulter

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