ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY. Provincial Guidelines for the Use of Conducted Energy Devices

Size: px

Start display at page:

Download "ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY. Provincial Guidelines for the Use of Conducted Energy Devices"

Kelly Gordon
5 years ago
Views:

1 ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY Provincial Guidelines for the Use of Conducted Energy Devices Prepared by: Peter Layden Compliance Advisor Policing Services, Standards and Evaluations January 2, 2008

2 TABLE OF CONTENTS 1. Purpose Definitions Conducted Energy Devices Approved for Use in the Province of Alberta Application Statement of Principles Policy and Procedures Training and Recertification Supervision

3 1. Purpose The purpose of these provincial guidelines is to provide direction regarding the use of Conducted Energy Devices (CED), ensuring that police officers use these devices lawfully and to reduce the risk to public safety when use of force is required. The guidelines are issued within the framework of the Alberta Provincial Policing Standards. Specifically, they supplement the provincial policing standard Operations (OP 9), Use of Force, and provide direction to the agencies in regard to the use of less lethal weapons, as required by OP 9.5 (policy for use of less lethal weapons). 2. Definitions Force: Action taken by police officers, or their agents, in the lawful performance of their duty, to compel, by physical compulsion or constraint, to gain control of persons who pose a risk to society. To achieve, or win by strength, in a struggle with persons who can lawfully be arrested, apprehended, or prevented from a course of action. The person using force must be either required, or authorized by law, to do anything in relation to the administration, or enforcement, of the law. Force Options: Any visual, verbal or physical actions made by police officers and/or their agents to gain lawful control of a subject(s). Force options extend from communication to physical interaction, to intermediate weapons, to deadly force (firearm). Less Lethal Force: Techniques and devices explicitly designed to incapacitate people, while minimizing fatalities or permanent injury and undesired damage to property and the environment 1. In some circumstances, may be an option to the use of weapons designed to be lethal in nature (firearm). Conducted Energy Device: A device, or a weapon, which delivers a temporarily debilitating electrical charge into a subject. The electrical voltage and current is delivered in a form that is sufficient to disrupt a subject s ability to control their voluntary nervous system, which temporarily denies them the ability to control skeletal muscles used for movement, such as arms and legs 2. Reasonable Force: A level and duration of force, appropriate to the risk posed by a subject s actions and responses, threat level, and is time and context appropriate, when shown that reasonable grounds to use force existed. This definition encompasses the use of only as much force as is necessary to achieve a lawful purpose. 1 Lewer & Davison, March 14, Taser International, 2007; Police Executive Research Forum, October

4 Excessive Force: Where force is used, when none is needed; use of more force than is reasonable; or, the use of any force, or any level of force, that continues after the necessity for it has ended. Excessive force may be divided into two categories focused on intent: abuse of force and improper use of force. o Abuse of Force: Knowingly apply force when the intent is cruel or punitive. o Improper Use of Force: Well-intentioned mistakes that result in undesired uses of force. Mistakes may result from errors in individual training, decision making and/or organization practices. Primary Injury (CED): Immediate or delayed consequence, resulting directly from an electrical current flow in the body and wounds resulting from CED deployment. Secondary Injury (CED): Physical trauma indirectly associated with CED use, such as injuries from falls. Serious Injury: Physical harm requiring admission to hospital and includes injuries such as lacerations, abrasions, a fracture to a limb, rib, vertebrae, or to the skull; blunt force injuries (contusions/concussion) to brain or internal organs; burns of the first or second degree to a significant portion of the body or any allegations of sexual assault. Grievous Injury: Pursuant to Canadian case law, R. v. Bottell (1981) 60 CCC (2(b) 211 (BCCA), grievous bodily harm means serious hurt or pain. This would include physical harm that, either at the time of the actual injury, or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body; breaks or fractures of the femur or spinal column; or burns of the third degree to any portion of the body, or of a second degree to a major portion of the body. Competent: Able to lawfully and effectively apply knowledge and skills in an operational environment, demonstrated through field deployment and/or re-qualification training. Expert: A person who has a great deal of knowledge about, or skill, training, or experience in a topic. Able not only to apply the skills and knowledge effectively in an operational and training environment, but also able to analyze behaviours and situations, to identify strengths, as well as problems, with the goal to improve performance and reduce risk at the individual and organization level. When used in the context of a use of force instructor, a pass mark in the use of force instructor training course/re-qualification shall demonstrate this status. Use of Force Model: A graphical representation of the various elements involved in the process by which a police officer assesses a situation and acts in a reasonable manner to ensure officer and public safety. The model assists officers, and the public, to understand why, and in what manner, an officer may respond to a person or situation, 4

5 with force. As an aid to training, the model promotes continuous critical assessment and evaluation of each situation and assists officers to understand and make use of a variety of force options to respond to potentially violent situations 3. The AACP and RCMP use of force models, as adapted from the National Use of Force Framework, are the use of force models in use in Alberta. 3. Conducted Energy Devices Approved for Use in the Province of Alberta The Solicitor General and Minister of Public Security approves the use of two models of CED: Taser International models M26 and X26. The approved device specifications published by Taser International are: M26: Maximum output 50,000 volts/26 watts/1.76 joules. Delivered into load 5,000 volts/10 watts/0.5 joules X26: Maximum output 50,000 volts/7 watts/0.36 joules. Delivered into load 1200 volts/1.3 watts/0.07 joules 4. Application The Provincial Guidelines for the Use of Conducted Energy Devices shall apply to all police services in Alberta that employ CEDs as a use of force option. Peace officers, as defined under the Peace Office Act, are prohibited from using CEDs, unless authority to use CEDs is expressly granted on their employer s Authorization to Employ Peace Officers, and on their peace officer s Appointment. Auxiliary police officers are considered peace officers and are not eligible to carry/use CEDs. 5. Statement of Principles The Criminal Code of Canada (CCC), and specifically section 25 of the CCC, provides the foundation for the authority and justification for the use of force by police officers. There is a basic premise that the use of a CED by any law enforcement agency or person is conducted in compliance with the CCC and the Canadian Charter of Rights and Freedoms. These Guidelines will ensure the devices are deployed legally, with public and officer safety as a primary consideration, and in a manner that reflects best practices. 3 Canadian Association of Chiefs of Police (2000) National Use of Force Framework, Ottawa 5

6 6. Policy and Procedures Ensuring the appropriate use of a CED requires that a balance be achieved between the safety of police, the safety of the subjects they face, bystanders, and public expectations of acceptable police behaviour. Prior to a CED deployment, a police officer must consider the availability of other reasonable use of force options and make a determination that a CED is the proper level of force required. 1) The police agency shall have policies and procedures that address the following; a. Only CED models approved by the Solicitor General and Minister of Public Security shall be used. b. The level of subject behaviour warranting the use of a CED as a use of force option that includes but is not limited to the following. i. A police officer may use a CED when faced with actual or threatened resistance to lawful arrest or apprehension and the use of the CED is reasonable in light of the subjective and objective circumstances present at the time force was used. ii. CED use may be considered starting at the level of active resister as defined in the approved Use of Force Model. Exceptions may be made for those instances where the threat posed by weapons, or other situational factors, makes direct police-subject contact impractical or undesirable. iii. CED shall not be used on restrained subjects unless exigent circumstances dictate that deployment will prevent serious injury to the subject, police, or bystanders. iv. A fleeing subject is not sole justification for the use of a CED. c. Requirement that when a member deploys a CED using stun or probe mode, that member shall notify their immediate supervisor and submit a Use of Force Report. d. Details regarding the safe handling procedures for CEDs in accordance with Solicitor General and Ministry of Public Security approved training and manufacture s recommendations. 2) In accordance with the direction provided in the Provincial Use of Force Guidelines and the RCMP and Alberta Association of Chiefs of Police, use of force training programs, an agency shall establish the documented minimum training course requirements for members authorized to carry CED and/or re-qualification to use a CED which shall include: a. Documented basic training for a member employing a CED 6

7 b. The requirement for a documented training / re-qualification course for members employing a CED at minimum every two years c. A documented remedial training course for a member who has demonstrated deficiencies or been suspended from using a CED prior to being permitted to carry a CED 3) The police agency shall have policies and procedures governing the suspension of a police officer s use of a CED that include, at a minimum: a. Lapsed re-qualification, failure to re-qualify every two years, proven improper use of a CED, suspected or proven abuse of CED will lead to the immediate suspension of a police officer s use of a CED b. The consequences of each type of suspension of CED use c. A clear and documented internal process for reinstating a member s CED use, which shall include retaking CED training, successful completion of annual requalification, or successful completion of remedial training 4) Police agencies shall have written policy that CED deployment constitutes, at a minimum: a. Drawing and displaying a CED b. Use of the CED in drive or push stun mode c. Use of the CED in dart/probe mode d. Accidental discharge, other than into a designated loading station 5) Police agencies shall have policies addressing pre-ced deployment and post-ced deployment procedures for reducing or mitigating the risk of serious injury to a subject/bystander to include, at a minimum: a. Approved procedures to remove and dispose CED darts/probes b. Situations where only medical personnel shall remove probes c. Actions to be taken when a subject s behavior, or police information, indicates that a subject or bystander may be exposed to an increased risk of serious injury, including excited delirium, cardio-pulmonary risks, or environmental risks, such as the presence of flammable substances, or falls 7

8 d. Pre-CED deployment and post-ced deployment procedures to obtain emergency medical service in support of the procedure outlined in section 5 (b) and (c) above e. Documentation of both primary and secondary injuries that occurred from CED use including injuries sustained in training situations 6) Police agencies shall have policies and procedures describing supervisor duties with regard to requirements for the monitoring operational use of CEDs, including: a. the requirement for immediate notification of a supervisor b. agency requirements for downloading of CED data c. submission and review of CED use of force reports d. recording suspect primary and secondary injuries e. monitoring the CED training status of the members they supervise 7. Training 7) Police agencies shall ensure all use of force training and related training received by their members is documented and meets the detailed training guidance provided by the Provincial Guidelines for the Use of Force. a. Police agencies shall ensure that trainers/instructors are knowledgeable and competent in: i. Requirements of the CCC and case law related to the use of force and its implications for CED training and operational use ii. Alberta Provincial Guidelines for the Use of Conducted Energy Devices iii. Alberta Association of Chiefs of Police/RCMP Use of Force Model iv. Agency CED policy and procedures v. Manufacturer s recommended safe handling procedures and in the AACP/RCMP procedures for handling the CED vi. How the medical needs of CED exposure vary with subject physical and mental states (e.g. excited delirium, pregnancy, heart condition) b. Police agencies shall ensure CED trainers/instructors receive documented recertification every two years at minimum. c. Police agencies shall ensure police officers employing CEDs operationally are knowledgeable and competent in: 8

9 i. Requirements of the CCC and the case law as it applies to the operational use of CED ii. The use of force model and CED placement within it iii. Agency CED policy and procedure iv. The manufacturer s and AACP/RCMP CED recommended safe handling and use procedures v. Recognizing subject behaviors and environmental cues that place a subject/bystander at a moderate to high risk of injury and may require advanced medical monitoring and/or treatment (e.g. excited delirium, pregnancy, cardio-pulmonary risk, flammable substances, risk from fall) d. Police agencies shall ensure police officers employing CEDs operationally receive documented recertification every two years at minimum. e. The police agency shall ensure that police officers who have been identified as deficient in the use of CED shall have their operational use of the device suspended until they formally demonstrate performance to the appropriate standard that will include formal instruction as directed under member recertification and instruction to correct specific identified deficiencies 8) The police agency shall review and analyze CED training, including basic training, re-certification and remedial training, annually to ensure it is current, relevant and consistent with best practices. 9) The police agency shall gather, through the use of force reporting system, review and analyze CED deployments annually to identify trends and assess equipment, deployment success and training requirements. 8. Supervision 10) Police agencies shall ensure that supervisors of police officers employing CEDs operationally receive documented recertification every two years (at minimum) that includes; a. Requirements of the CCC and the case law as it applies to the operational use of CED b. The use of force model and CED placement within it c. Agency CED policy and procedure d. The manufacturer s and AACP/RCMP CED recommended safe handling and use procedures 9

10 e. Recognizing subject behaviors and environmental cues that place a subject/bystander at a moderate to high risk of injury and may require advanced medical monitoring and/or treatment (e.g. excited delirium, pregnancy, cardiopulmonary risk, flammable substances, risk from fall) f. Training on how to monitor their units for and report on: i. Instances of excessive force ii. Individual member performance in use of force incidents, as well as their individual use of each force option as described in this document g. How to access agency human resource support needed to address the personal and/or training needs of identified members 10

ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY. Provincial Guidelines for the Use of Conducted Energy Weapons

ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY Prepared by: Standards and Audits Unit Law Enforcement and Oversight Branch July 2009 1) Purpose... 3 2) Approved Conducted Energy Weapon... 3 3) Application...