13-16 Special Investigations Unit Flashcards

(61 cards)

1
Q

What is the Rationale?

A

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.

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2
Q

What is the Supervision?

A
  • 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
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3
Q

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

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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.

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4
Q

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

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assume all the duties and powers of the Chief in matters respecting an incident under investigation by the SIU.

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5
Q

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:

A
  • 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).

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6
Q

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

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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.

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7
Q

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

A

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.

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8
Q

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

A

remain holstered, secured and handled in compliance with this procedure and training.

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9
Q

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.

A

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

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10
Q

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

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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.

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11
Q

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

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secure location. The Chief’s SIU On-Call Designated Authority is solely responsible for coordinating the release of these devices.

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12
Q

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

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make an initial release of information indicating an incident has occurred and the SIU mandate has been invoked.

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13
Q

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:

A

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
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14
Q

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

A

arranged through the PRS - SIU Liaison Section. The SIU has the authority to audio record, or video record on consent, official’s interviews.

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15
Q

Representation during an Interview

Following the official completing their incident notes, section 27(1) of the SIUA entitles them to

A

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.

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16
Q

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 ____

A

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.

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17
Q

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

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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.

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18
Q

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

A

completed by the end of the official’s tour of duty, except where excused by the Chief’s SIU On-Call Designated Authority.

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19
Q

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):

A
  • 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.
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20
Q

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

A

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.

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21
Q

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

A

release notes or incident notes to the SIU.

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22
Q

Disclosure of Notes

General

  1. Members SHALL be aware that communication with involved officers is regulated by the
A

SIUA.

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23
Q

Disclosure of Notes

General

  1. Members SHALL ensure all requests or inquiries related to an SIU investigation are made to
A

the Professional Standards

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24
Q

Disclosure of Notes

General

  1. All requests for SIU personnel to participate in Service training or conferences, and any request made by the SIU for
A

Service members to provide training, must be made through the Chief’s SIU Liaison Officer.

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25
Disclosure of Notes General 4. Where there are injured parties, whether victims or suspects, SHALL
assist.
26
Disclosure of Notes General 5. Members SHALL not give or receive advice to/from any
involved member in relation to an SIU investigation, except when acting as a representative of the Association.
27
Disclosure of Notes General 6. Members acting as a representative of the Association and offering advice to an involved member SHALL
* advise the OIC of their arrival at the unit * respect the duties and obligations of the involved officer in keeping with the SIUA, Wood v. Schaeffer, 2013 SCC 71, and the direction contained in this Procedure * offer advice only after the involved officer has completed their notes * be advised that all communication with the involved officer is without privilege
28
Disclosure of Notes General 7. Members acting as the CIRT Coordinator / EFAP Liaison or a CIRT/PSV representative SHALL
* advise the OIC of their arrival at the unit * respect the duties and obligations of the involved member, in keeping with the SIUA, Wood v. Schaeffer, 2013 SCC 71, and the direction contained in this Procedure * be advised that all communication with the involved officer is without privilege
29
Criminal Investigations 8. Where the SIU mandate has been invoked and the circumstances that originally led to the involvement of the police requires investigation SHALL continue the original investigation subject to the following restrictions
* comply with s.18 of the SIUA directing that the SIU SHALL be the lead investigator and SHALL have priority over any police service in the investigation of an SIU-related incident * give priority to the SIU in witness interviews and the collection or inspection of evidence * obtain approval from the Chief’s SIU On-Call Designated Authority to conduct any investigation that may conflict with the SIU mandate
30
Police Officer 9. When involved in an incident where the SIU mandate is or may be invoked SHALL
* immediately notify a supervisory officer * Where the seriousness of the injury cannot initially be determined, immediate notification SHALL be made to a supervisory officer so that the Chief’s SIU On-Call Designated Authority can notify the SIU Director, per s. 15(1) of the SIUA. * protect and preserve the scene and all evidence * ensure the original investigation that gave rise to the event is completed.
31
Seizure of Service Firearms and Less Lethal Weapons by SIU 10. When the SIU mandate is invoked and the incident involves Service firearms and/or less lethal weapons, the police officer that discharged the weapon SHALL
* in instances involving a handgun o keep handgun holstered and secure until proven safe at a proving station, in compliance with Procedure and training, and in the presence of an SIU Investigator and the Chief’s SIU On-Call Designated Authority, then o turn over the handgun to the SIU Investigator, at the direction of the Chief’s SIU On-Call Designated Authority. * in instances involving any other Service firearm and/or less lethal weapon o safely handle, secure and maintain possession and control of the firearm and/or less lethal weapon, in compliance with training and relevant procedures, and o unload the firearm and/or less lethal weapon in the presence of an SIU Investigator, the Chief’s SIU On-Call Designated Authority and in compliance with training, then o turn over the firearm and/or less lethal weapon to the SIU Investigator, at the direction of the Chief’s SIU On-Call Designated Authority * in all instances, complete applicable reports in compliance with procedures.
32
Seizure of Service CEWs by SIU 11. When the SIU mandate is invoked, and the incident involves Service CEWs SHALL
* keep the CEW holstered, secure and handled in compliance with Procedure and training * not download, alter, or modify the CEW information * not remove the cartridge and battery * turn over the CEW to the SIU Investigator, at the direction of the Chief’s SIU On-Call Designated Authority
33
Seizure of Service Workplace Technology Devices by SIU 12. When the SIU mandate is invoked, and the incident involves a Service WTD SHALL
surrender the WTD to the Chief’s SIU On-Call Designated Authority or their designate.
34
Seizure of Service Body Worn Camera by SIU 13. When the SIU mandate is invoked, and the incident involves a Service issued BWC SHALL
surrender the BWC to the Chief’s SIU On-Call Designated Authority or their designate.
35
SIU Investigative Interviews 14. Where the SIU contacts an officer directly to schedule an investigative interview, the officer SHALL
* not schedule an interview or answer any questions at that time * immediately notify the PRS – SIU Liaison Section * The PRS – SIU Liaison Section SHALL direct all officers in relation to the SIU requests. The scheduling of all investigative interviews requested by the SIU SHALL be arranged through the PRS – SIU Liaison Section.
36
15. When designated a Witness Official and directed to attend for an investigative interview with the SIU that has been scheduled by the PRS – SIU Liaison Section, in accordance with s. 25(2) of the SIUA, SHALL
* attend when the request is first made and answer all reasonable questions immediately, or * if there are appropriate grounds for delay attend no later than twenty-four (24) hours after the request is first made * Preference for a particular counsel is not a justifiable excuse for unreasonable delay in attending interviews.
37
Non-Service Witnesses 16. Where the SIU mandate is invoked and there are non-service witnesses, SHALL
* segregate and transport the witnesses separately, where practicable * encourage the witness to remain at the scene or a police facility * obtain sufficient information to allow for follow-up at a later time if the witness refuses to remain at the scene or a police facility * The SIU SHALL have first right to interview witnesses that relate to its mandate.
38
Supervisory Officer 17. When attending an incident where the SIU mandate is or may be invoked SHALL
* take charge of the scene and determine the roles (only) of the involved officers * ensure the scene and all evidence is protected and preserved * segregate the involved officers * ensure each of the involved officers are transported separately to a designated unit * ensure unauthorized persons do not question involved officers, unless there is an immediate medical requirement, or an urgency to locate outstanding suspects, or preserve evidence * immediately notify the OIC – TPOC * ensure the OIC is notified and updated on a regular basis * brief the Chief’s SIU On-Call Designated Authority with the details of the incident * The Administrative Investigation commences with the arrival of a supervisory officer. Any supervisory officer obtaining information from an involved officer SHALL do so under the compulsion of s. 81(1) of the CSPA, for the purpose of the Administrative Investigation.
39
Seizure of Service Firearms and Less Lethal Weapons by SIU 18. When required to seize a Service issued firearm and/or less lethal weapon SHALL do so only
* in exigent circumstances, such as in the case of an injured officer * if currently certified to handle the specific firearm and/or less lethal weapon * Note: If not qualified to handle the firearm and/or less lethal weapon another officer who is currently qualified in the handling of the firearm and/or less lethal weapon SHALL perform this task. * do so by means of o seizing the whole duty belt, when the firearm is a handgun o seizing the firearm, for all other Service issued firearms o seizing the less lethal weapon * unload the firearm and/or less lethal weapon in the presence of an SIU Investigator, the Chief’s SIU On-Call Designated Authority, and in compliance with appropriate training * comply with the direction of the Chief’s SIU On-Call Designated Authority * turn over the firearm and/or less lethal weapon to the SIU Investigator, at the direction of the Chief’s SIU On-Call Designated Authority
40
Seizure of Service CEWs by SIU 19. When required to seize a Service issued CEW SHALL do so only
* in exigent circumstances, such as in the case of an injured officer * if currently certified to handle the CEW * Note: If not qualified to handle the CEW another officer who is currently qualified in the handling of the CEW SHALL perform this task. * do so by means of seizing the whole duty belt * not download, alter, or modify the CEW information * not remove the cartridge and battery * comply with the direction of the Chief’s SIU On-Call Designated Authority
41
Officer in Charge 20. When notified of an incident where the SIU mandate is or may be invoked SHALL
* ensure the OIC – TPOC is notified * ensure a supervisor attend * ensure the scene and all evidence has been protected and preserved * notify their Unit Commander * provide ongoing assistance to the members at the scene
42
Officer in Charge 21. When the involved officers arrive at the unit SHALL
* ensure the wellness of each involved officer, including their medical and psychological wellbeing * ensure compliance with the SIUA and Wood v. Schaeffer, 2013 SCC 71 * segregate each officer by placing them in separate offices, where practicable * direct all involved officers to complete their incident notes independently * submit all completed incident notes to the Unit Commander for storage * allow contact with the involved officers by only o authorized personnel or counsel and an Association representative only after notes have been completed and submitted in compliance with this Procedure and Procedure 13–17 * brief the attending Chief’s SIU On-Call Designated Authority with the details of the incident
43
Officer in Charge 22. When notified, or having identified, that an involved officer requires medical and/or psychological assistance SHALL
* immediately engage the appropriate supports, including a medical facility and/or a CIRT / EFAP / PSV representative, as necessary * make a memorandum book entry including details of o the reasons for engaging supports o what supports were engaged o any resulting delay in the completion of the involved officer’s notes
44
Officer in Charge – TPOC 23. When notified of an incident where the SIU mandate is or may be invoked SHALL
* immediately notify the Duty Senior Officer – TPOC * immediately notify the Deputy Chief of Police (Deputy Chief) of the Command involved * ensure the Unit Commanders of all involved Subject and Witness Officials are notified
45
Unit Commander 24. When notified that a member under their command has been involved in an incident where the SIU mandate is or may be invoked SHALL
* attend the scene of the incident, if available * assist in the investigation, when requested * provide the necessary support for involved officers * ensure all side issues o of a serious nature are reported to PRS o of a less serious nature are dealt with as soon as practicable * arrange for replacement of seized equipment
46
Professional Standards SIU Liaison Investigator 25. SHALL perform such duties as required or directed by
* the Chief’s SIU Liaison Officer or the Chief’s SIU On-Call Designated Authority * the Superintendent – PRS as related to s. 81(1) of the CSPA
47
Chief’s SIU On-Call Designated Authority 26. When authorized to act as the Chief’s SIU On-Call Designated Authority SHALL
* perform such duties pursuant to ss. 15(1) and 15(2) of the SIUA * be responsible for notifying the SIU directly * authorize Service members entry to the scene only on an as needed basis * permit media or public personnel entry to the scene only upon receiving approval from the SIU Investigators to do so * direct and co–ordinate the release of all Service equipment, fleet and documents relevant to an SIU investigation to the SIU and facilitate its recovery * accept service of documents from the SIU and cause service of these documents on members, such as the “Letter of Designation” * co–ordinate the recovery of evidentiary material seized by the SIU
48
Chief’s SIU On-Call Designated Authority 27. Where a Service vehicle is equipped with a radio and/or mobile workstation having access to confidential records and/or specialized equipment SHALL
* be solely responsible for coordinating the release of the Service vehicle * provide authorization for the removal of other Service equipment and/or the officer’s personal equipment from the Service vehicle prior to the vehicle being towed * ensure a department tow truck is used to tow the Service vehicle to a secure Service garage * ensure the removal of the radio and/or mobile workstation having access to confidential records and/or specialized equipment does not occur until the SIU are in attendance, unless the SIU consents not to be present
49
Chief’s SIU On-Call Designated Authority 28. When a Service vehicle requires forensic examination as part of the SIU investigation, SHALL ensure
the vehicle is towed by a departmental tow truck to either a secure Service garage or the Centre of Forensic Sciences vehicle storage area
50
Duty Senior Officer 29. When the SIU mandate is or may be invoked SHALL
* only in the absence of the Chief’s SIU On-Call Designated Authority, be responsible for notifying the SIU directly * The Duty Senior Officer must attempt to contact the Chief’s SIU On-Call Designated Authority prior to initiating contact with the SIU. * attend the scene of the incident * determine details of the incident by consulting with supervisory officers * provide details of the incident to the Chief’s SIU On-Call Designated Authority forthwith
51
Duty Senior Officer 30. In the absence of the Chief’s SIU On-Call Designated Authority SHALL
assume those duties if authorized, in writing, by the Chief of Police.
52
Definitions 13-16 Administrative Investigation means
a police investigation to review the policies of, or services provided by the Service and the conduct of its police officers pursuant to s. 81(1) of the Community Safety and Policing Act.
53
Affected Person means,
, in relation to an incident where the Special Investigations Unit mandate has been or may be invoked, a person who died or was seriously injured, a person at whom a firearm was discharged, or a person who reported that they were sexually assaulted.
54
Chief's Special Investigations Unit (SIU) On-Call Designated Authority means
a member of the cadre of on-call Toronto Police Service uniform senior officers that acts as the designated authority and manages the SIU event in the field on behalf of the Chief.
55
Firearm Discharge means
when a Service member discharges a firearm in the performance of their duty, and/or discharges a Service issued firearm at any time, intentionally or unintentionally, regardless of whether it causes injury or death. This does not include firearm discharges that occur at an authorized range or under the exemption provisions.
56
Official means
(a) a police officer, (b) a special constable employed by the Niagara Parks commission, and (c) a person who is a peace officer under section 103.0.2 of the Legislative Assembly Act. (Per s.1 of the Special Investigations Unit Act)
57
Police Officer – SIU Investigations in reference to Special Investigations Unit (SIU) investigations means
a police officer engaged in the execution or purported execution of duty. Off–duty events may be subject to an SIU investigation. For example, but not limited to, the following events: * where a police officer verbally identifies themselves as a police officer, * where a police officer produces police identification. * where a police officer engages in an investigation. * where a police officer uses police equipment or property. * where a police officer operates a Service vehicle; or * where a police officer otherwise engages their oath of office. The decision to contact the SIU in such circumstances will be at the discretion o the Chief’s SIU On-Call Designated Authority or, in their absence, the Duty Senior Officer – Toronto Police Operations Centre. Civilian members including Court Officers, Parking Enforcement Officers and Special Constables are not included in the definition of a police officer for the purposes of the SIU.
58
Serious Injury in reference to Special Investigations Unit investigations and the Special Investigations Unit Act s. 1(1) means a person sustains serious injury if they:
* sustain an injury as a result of which they are admitted to a hospital. * suffer a fracture to the skull, limb, rib, or vertebra. * suffer burns to a significant proportion of their body * lose any portion of their body. * as a result of an injury, experience a loss of vision or hearing; or * sustains a prescribed injury or any other injury sustained by a person that is likely to interfere with the person's health or comfort and is not transient or trifling in nature.
59
Special Investigations Unit (SIU) Mandate means
that the SIU Director may cause an investigation to be conducted into any incident in which any of the following occurs, if the incident may have resulted from the criminal conduct of a Service official: * the death of a person. * the serious injury of a person. * the discharge of a firearm at a person (regardless of causing injury or death, and including less lethal weapons); and/or * the sexual assault of a person, as reported by the person. The SIU Director may cause an investigation to be conducted if, at the time of the incident, the official was on duty; or the official was off duty but * engaged in the investigation, pursuit, detention or arrest of a person or otherwise exercised the powers of a police officer, special constable, peace officer or other prescribed person, as the case may be, whether or not the official intended to exercise such powers or identified themselves as a person who may exercise such powers, or * the incident involved equipment or other property issued to the official in relation to their duties.
60
Subject Official – SIU Investigations means,
in respect of an incident referred to in SIUA ss. 15 (1), an official whose conduct appears, in the opinion of the SIU Director, to have been a cause of the incident. The Subject Official must be provided with a notice of their designation in writing.
61
Witness Official – SIU Investigations means
an official who, in the opinion of the SIU Director, is involved in an incident referred to in SIUA ss.15 (1) but is not a Subject Official in relation to the incident. The Witness Official must be provided with a notice of their designation in writing.