04-14 Regulated Interactions Flashcards
What is the Rationale?
This Procedure provides direction to members of the Toronto Police Service (Service) only for the specified interactions with the public that are governed by Ontario Regulation 58/16 made under the Police Services Act (PSA) entitled Collection of Identifying Information in Certain Circumstances – Prohibition and Duties (O. Reg. 58/16) and Toronto Police Services Board Policy entitled Regulated Interactions with the Community and the Collection of Identifying Information (TPSB Policy).
This Procedure only applies to an attempt by a police officer to collect identifying information by asking an individual, in a face-to-face encounter, to identify themself or to provide information for the purpose of identifying the individual, and includes such an attempt whether or not identifying information is collected, only if that attempt is done for the purpose of
inquiring into offences that have been or might be committed; and/or
inquiring into suspicious activities to detect offences; and/or
gathering information for intelligence purposes.
Notwithstanding the above, this Procedure does not apply to an attempt by a police officer to collect identifying information from an individual when
investigating an offence the police officer reasonably suspects has been or will be committed;
the individual is legally required to provide the information to a police officer (e.g. during a traffic stop or trespass investigation);
the individual is under arrest or is being detained;
the police officer is engaged in a covert operation;
the police officer is executing a warrant, acting pursuant to a court order or performing related duties; or
the individual is employed in the administration of justice or is carrying out duties or providing services that are otherwise relevant to carrying out the police officer’s duties.
Procedure -
A police officer’s exercise of discretion and all interactions between a police officer and an individual must be
lawful, ethical, and bias-free; and conducted in a professional manner with effective communication which respects and upholds the rights and freedoms of all individuals.
Procedure - This Procedure outlines a legislated process police officers SHALL follow for all Regulated Interactions that will ensure compliance with
the Canadian Charter of Rights and Freedoms (Charter) generally and, in particular, the S. 9 protection against arbitrary detention and the S. 15 right to equal treatment under the law;
O. Reg. 58/16;
the Human Rights Code (HRC) of Ontario generally and, in particular, the S. 1 freedom from discrimination based on race, place of origin, age, colour, ethnic origin, gender identity or gender expression;
the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) generally and in particular, with
Part II of the MFIPPA; and
TPSB Policy and other associated Service governance.
Limitations on Regulated Interactions -
Regulated Interactions SHALL be conducted in a manner
consistent with this Procedure and O. Reg. 58/16.
Limitations on Regulated Interactions - A police officer SHALL not attempt to collect identifying information about an individual from the individual if
any part of the reason for the attempted collection is that the police officer perceives the individual to be within a particular racialized group unless,
the police officer is seeking a particular individual,
being within the racialized group forms part of the description of the particular individual or is evident from a visual representation of the particular individual, and
the police officer has additional information, in addition to information about the particular individual being in a racialized group, that may help to identify the individual or narrow the description of the individual;
Additional information may include, but is not limited to the following:
the appearance of the individual, including clothing, height, weight, eye colour, hair colour, hair style;
the location where the individual might be found;
the type of vehicle the individual might be found in;
the associates the individual might be found with; or
the behaviour of the individual.
However, additional information may not consist only of the sex of the individual, approximate age, or both
OR
the attempted collection is done in an arbitrary way.
Limitations on Regulated Interactions - For the purpose of this Procedure only, as stipulated in O. Reg. 58/16, a Regulated Interaction is done in an arbitrary way
unless the police officer has a reason that they can articulate that complies with all of the following
The reason includes details about the individual that cause the police officer to REASONABLY SUSPECT that identifying the individual may contribute to or assist with
inquiring into offences that have been or might be committed; and/or
inquiring into suspicious activities to detect offences; and/or
gathering information for intelligence purposes.
The reason does not include either of the following:
that the individual has declined to answer a question from the police officer which the individual is not legally
required to answer; or
that the individual has attempted or is attempting to discontinue interaction with the police officer in
circumstances in which the individual has the legal right to do so.
The reason is not only that the individual is present in a high crime location.
Permission Required for Access to Restricted Regulated Interaction Reports & Historical Contact Data -
As of _______ all Historical Contact Data SHALL be classified as restricted. Access to any Regulated Interaction Report collected in accordance with this Procedure SHALL be restricted _______ it was submitted to the Service’s records management system.
January 1, 2017, five (5) years after the date
Permission Required for Access to Restricted Regulated Interaction Reports & Historical Contact Data - Prior to accessing restricted Regulated Interaction Reports or Historical Contact Data, members will require the approval of the______. Members seeking approval to access the restricted records SHALL submit a request to their ______, or designate acting in the absence of the Chief. The Chief has appointed the designate as follows
Chief, or designate acting in the absence of the Chief
Unit Commander to seek the approval of the Chief
a Deputy Chief, or
in exigent circumstances only, the Staff Superintendent – Detective Operations.
Permission Required for Access to Restricted Regulated Interaction Reports & Historical Contact Data - A member may only submit a request for access to a restricted record
for the purpose of an ongoing police investigation involving
preservation of life and/or preventing bodily harm or death
homicides and attempts,
sexual assaults, and all attempts (for the purpose of this standard, is deemed to include sexual interference,
sexual exploitation and invitation to sexual touching),
occurrences involving abductions and attempts,
missing person occurrences, where circumstances indicate a strong possibility of foul play,
occurrences suspected to be homicide involving found human remains,
criminal harassment cases in which the offender is not known to the victim,
occurrences involving a firearm or discharge of a firearm, and/or
gang related investigations;
in connection with legal proceedings or anticipated legal proceedings
including instances where crown advice is that it is relevant to R. v. Stinchcombe, (1991) and other disclosure obligations;
for the purpose of dealing with a complaint under Part V of the PSA or for the purpose of an investigation or inquiry under clause 25 (1)(a) of the PSA;
in order to prepare the annual report described in subsection 14 (1) or the report required under section 15 of O. Reg. 58/16;
for the purpose of complying with a legal requirement; or
for the purpose of evaluating a police officer’s performance.
No member of the Service SHALL use any Historical Contact Data or Regulated Interaction Report as a basis for classifying an individual as “known to police”.
Member -
Members acting in accordance with this Procedure SHALL have successfully completed the required training.
When seeking access to restricted Regulated Interaction Reports and/or Historical Contact Data SHALL
ensure the need to access the restricted record is in accordance with this Procedure
complete a TPS 294, as required
submit the TPS 294, as required, through their Unit Commander, for approval of the Chief, or designate acting in the absence of the Chief
after receiving the results of an approved TPS 294, complete the TPS 295, as required, and submit to their Unit Commander
Police Officer - When a police officer initiates a Regulated Interaction, whether or not identifying information is collected, SHALL
ensure the purpose for the interaction is not done in an arbitrary way
ensure the reason for the interaction can be clearly articulated, including details relating to the particular
circumstance
comply with Procedure 13–14
not attempt to collect identifying information, without first
informing the individual that they are not required to provide identifying information; unless the police officer has reason to believe that informing the individual may compromise the safety of an individual
informing the individual why they are attempting to collect their identifying information; unless informing the individual:
may compromise the safety of an individual;
would likely compromise an ongoing police investigation;
may result in the identification of a confidential informant; or
may disclose the identity of a person contrary to the law, including disclosing the identity of a young
person contrary to the Youth Criminal Justice Act.
respect and uphold the individual’s right to
decline to answer a question from the police officer which the individual is not legally required to answer, and/or
discontinue interaction with the officer in circumstances in which the individual has the legal right to do so
recognize, upon disengaging without having asked the individual for Identifying Information the encounter is not a Regulated Interaction and, therefore;
a Regulated Interaction Report is not to be submitted, and
the individual is not to be offered or provided a TPS 308
record pertinent details in their memorandum book in compliance with Procedure 13–17
complete a separate Regulated Interaction Report for each individual, as required
A Regulated Interaction Report is required in all instances where an attempt to collect identifying information is made, whether or not identifying information is collected. The report must include the officer’s perception of the individual’s sex, age, and racialized group, but recording name information is not mandatory.
comply with Procedure 15–17, if applicable
offer a TPS 308 to the individual from whom an attempt to collect identifying information was made
if the individual indicates that they want it
complete a TPS 308;
provide the copy to the individual; and
retain the original by affixing it in the memorandum book.
The name and badge number of any assisting police officer or supervisor who is present at or assists in conducting the Regulated Interaction SHALL be included on the TPS 308.
Police Officer - A police officer is not required to offer and/or provide a TPS 308 when
it might compromise the safety of an individual; or
it might delay the police officer from responding to another matter that should be responded to immediately;
or
the individual discontinues the interaction
A police officer must be able to articulate the reason(s) why a TPS 308 was not offered and/or provided, including details relating to the particular circumstances.
Police Officer - When the individual is unable to communicate SHALL
consider possible reasons, including but not limited to; disability, medical condition, language barrier
if the individual has difficulty communicating due to a medical problem comply with Procedure 10–06
upon determining the individual cannot communicate in English comply with Procedure 04–09
Officer in Charge - The Officer in Charge SHALL
not use the number of times or the number of individuals from whom a police officer attempts to collect identifying information to evaluate work performance of police officers
ensure supervisory officers are monitoring and evaluating the quality of any Regulated Interactions made by police officers under their supervision
when reviewing memorandum book entries ensure compliance with this Procedure
Officer in Charge - Upon receipt of a TPS 294 request to access restricted Regulated Interaction Reports and/or Historical Contact Data SHALL
review the request, and
- ensure the need to access the restricted records is in accordance with this Procedure;
- consider the merits of the submission, on a case by case basis; and
- only approve the request when satisfied that the specified purpose for which access was requested cannot reasonably be fulfilled without the requested access.
if denying, indicate the reason and ensure the request is returned to the submitting member
if approving, ensure the request is submitted through the Unit Commander for approval of the Chief, or designate acting in the absence of the Chief, as applicable
Under exigent circumstances, the OIC SHALL request access to the restricted records by contacting the Duty Senior Officer prior to the completion and submission of the TPS 294. If satisfied of the exigency of the request, the Duty Senior Officer SHALL consult with the Staff Superintendent – Detective Operations.
