13-16 Special Investigations Unit Flashcards
(61 cards)
What is the Rationale?
This Procedure outlines the responsibilities of members regarding investigations where the Province’s Special Investigations Unit (SIU) mandate has been or may be invoked. The Special Investigations Unit Act (SIUA) directs the Toronto Police Service (Service) regarding the conduct and duties of officials with respect to investigations conducted by the SIU.
What is the Supervision?
- Supervisory Officer attendance mandatory
- Chief’s SIU On-Call Designated Authority attendance mandatory
- Supervisory Officer notification mandatory when a Service member is involved in an incident where the SIU mandate is or may be invoked
- Officer in Charge – TPOC notification mandatory when the SIU mandate is or may be invoked
- Duty Senior Officer notification mandatory when the SIU mandate is or may be invoked
- Chief’s SIU On-Call Designated Authority notification mandatory when the SIU mandate is or may be invoked
Procedure
Wellbeing of Members
The medical and psychological wellbeing of Service members is a priority for the Service. To assist involved members in coping with an event in which the SIU mandate is or may be invoked, access, as required, to
medical care and/or a representative of the Critical Incident Response Team (CIRT) / Employee Family Assistance Program (EFAP) / Peer Support Volunteer (PSV) will be provided.
Chief’s SIU On-Call Designated Authority Duties Relating to SIU Investigations
Per s. 30(1) of the SIUA the Chief of Police (Chief) can designate a Chief’s SIU On-Call Designated Authority to
assume all the duties and powers of the Chief in matters respecting an incident under investigation by the SIU.
Chief’s SIU On-Call Designated Authority Duties Relating to SIU Investigations
The Chief’s SIU On-Call Designated Authority will direct the Service’s response to the SIU investigation. The Chief has authorized the following senior officers to act in this role:
- Uniform Senior Officer – authorized in writing by the Chief of Police
- Duty Senior Officer
Professional Standards (PRS) SHALL have custody of the Administrative Investigation into the policies of or services provided by the Service and the conduct of police officers, as directed by s. 81(1) of the Community Safety and Policing Act (CSPA).
Control of Scenes
Every member has a duty to ensure that the scene of an incident where the mandate of the SIU is or may be invoked is
properly preserved from contamination or deterioration. The scene SHALL be protected and preserved in a manner consistent with Service procedures and usual practice pursuant to s. 20(1) of the SIUA.
Search and Seizure of Service Property by SIU
The SIU will be permitted, subject to the direction of the Chief’s SIU On-Call Designated Authority, to seize
any police–issued equipment, without warrant, that is relevant to an SIU investigation. Any other items can only be seized by consent or by search warrant. The Chief’s SIU On-Call Designated Authority is solely responsible for the release of all equipment and documents to the SIU. Under no circumstances will equipment, documents, or memorandum books/unit-approved notebooks be surrendered to the SIU without the specific direction of the Chief’s SIU On-Call Designated Authority.
Seizure of Service Firearms, Less Lethal Weapons and Conduced Energy Weapons (CEW)
In cases where Service firearms, less lethal weapons and/or CEWs are involved, all SHALL
remain holstered, secured and handled in compliance with this procedure and training.
Seizure of Service Firearms, Less Lethal Weapons and Conduced Energy Weapons (CEW)
The firearm and/or less lethal weapon SHALL be _____. In exigent circumstances, such as in the case of an injured officer, a supervisory officer SHALL seize and secure the firearm, less lethal weapon and/or CEW.
proven safe at a proving station in the presence of an SIU investigator and the Chief’s SIU On-Call Designated Authority. The CEW information SHALL not be downloaded, altered, or modified. The cartridge and battery SHALL not be removed. The firearm, less lethal weapon and/or CEW may only be turned over to the SIU at the direction of the Chief’s SIU On-Call Designated Authority
Seizure of Service Vehicles
Service vehicles equipped with specialized equipment and/or equipped with workplace technology devices (WTD) having access to confidential records, and Service vehicles requiring forensic examination as part of the SIU investigation must be
stored in a secure location. The Chief’s SIU On-Call Designated Authority is solely responsible for coordinating the release of the Service vehicle and the removal of both Service and personal equipment from the vehicle.
Seizure of Service Workplace Technology Devices and Body Worn Camera
Service-issued WTD and body worn cameras (BWC) have access to confidential records and must be stored in a
secure location. The Chief’s SIU On-Call Designated Authority is solely responsible for coordinating the release of these devices.
Media Releases
When an incident has occurred where the SIU mandate is invoked, release of information to the media is restricted. The Chief of Police and/or Unit Commander – Corporate Communications may
make an initial release of information indicating an incident has occurred and the SIU mandate has been invoked.
Chief’s Administrative Investigation
Professional Standards oversees Chief’s Administrative Investigations to determine issues related to the policies of, or services provided by, the Service and the conduct of involved police officers/members. Service subject matter experts SHALL be assigned Chief’s Administrative Investigations. The following internal units SHALL be assigned Administrative Investigations:
Professional Standards:
- officer–involved firearm and less lethal weapon discharge
- all serious injury not listed below
Specialized Criminal Investigation – Homicide:
- death in police custody – other than an officer–involved firearm discharge
Specialized Criminal Investigation – Sex Crimes:
- allegations of sexual assault
Traffic Services:
- suspect apprehension pursuit or officer–involved collision
SIU Investigative Interviews
The SIU will communicate all requests directly to the Chief of Police. The scheduling of all investigative interviews requested by the SIU SHALL be
arranged through the PRS - SIU Liaison Section. The SIU has the authority to audio record, or video record on consent, official’s interviews.
Representation during an Interview
Following the official completing their incident notes, section 27(1) of the SIUA entitles them to
consult with legal counsel and/or a representative of the Association and to have the legal counsel and/or Association representative present during their interview with the SIU. Subsection 27(3) of the SIUA directs Witness Officials that they may not be represented by the same legal counsel as Subject Officials.
Incident Notes
Incident notes are notes that pertain to the incident giving rise to the SIU mandate being invoked and are made in the member’s memorandum book or unit-approved notebook only. Incident notes are created at____. Incident notes do not include____. Incident notes SHALL only be made in memorandum books and unit-approved notebooks, unless ____
the time of the event or shortly thereafter, with active input by the member
other written or electronic records of information, such as occurrence reports, arrest reports, use of force reports, duty reports, or logs
exigent circumstances exist. Where exigent circumstances exist, incident notes can be made on or documented in other mediums, consistent with the general direction on exigencies in Procedures.
Incident Notes
The Professional Standards SIU Liaison Investigator will review, on a case-by-case basis, any content captured or recorded via electronic mediums, whether captured advertently or inadvertently, to
determine if the content qualifies as an incident note. Digital recordings do not automatically constitute incident notes. These recordings must show the information was created with intent to be incident notes and were made under exigent circumstances only.
Completion of Incident Notes
Section 21 of the SIUA requires Subject and Witness Officials to complete in full the notes for an incident in accordance with their duty. Subsection 21(3) SIUA directs that the incident notes SHALL be
completed by the end of the official’s tour of duty, except where excused by the Chief’s SIU On-Call Designated Authority.
Completion of Incident Notes
The Supreme Court of Canada (SCC) ruled in Wood v. Schaeffer; 2013 SCC 71 that police officers are not permitted to consult with counsel before completion of their notes. As such, the following directions SHALL be adhered to by all police officers (both witness and subject):
- Police officers involved in events which fall under the mandate of the SIU are not permitted to consult with counsel prior to completing their incident notes.
- Police officers have a duty to prepare accurate, detailed, and comprehensive incident notes as soon as practicable after an event.
- Incident notes are to be completed and submitted before the end of the police officers tour of duty, except where excused by the Chief’s SIU On-Call Designated Authority.
- If there is a need to inform a police officer of their duties and obligations under the SIUA, it will be delivered by the Chief’s SIU On-Call Designated Authority or the Duty Senior Officer.
- Police officers are permitted to consult with counsel after their incident notes have been completed, and
- Police officers remain entitled to the full benefit of legal counsel before and during the SIU interview.
Completion of Incident Notes
Though the above ruling directs police officers, any member involved in an SIU incident SHALL adhere to the direction. All incident notes SHALL be completed and delivered to the
Officer in Charge (OIC) upon the completion of the members tour of duty. Exceptions may be made in cases where there are bona fide medical reasons for not completing the incident notes. Only the Chief’s SIU On-Call Designated Authority can excuse officers from immediately completing their incident notes with respect to SIU investigations. All reports and occurrences SHALL be completed in accordance with the established practice, including incidents where the SIU has invoked its mandate.
Disclosure of Notes
All notes SHALL only be given to the PRS - SIU Liaison who will be responsible for disclosure to the SIU. Members SHALL not
release notes or incident notes to the SIU.
Disclosure of Notes
General
- Members SHALL be aware that communication with involved officers is regulated by the
SIUA.
Disclosure of Notes
General
- Members SHALL ensure all requests or inquiries related to an SIU investigation are made to
the Professional Standards
Disclosure of Notes
General
- All requests for SIU personnel to participate in Service training or conferences, and any request made by the SIU for
Service members to provide training, must be made through the Chief’s SIU Liaison Officer.