15-20 Body Worn Camera Flashcards
What is the Rationale?
The Toronto Police Service (Service) has undertaken the use of Body-Worn Cameras (BWCs). The goals of equipping front-line officers with BWCs are to assist the Service to:
enhance public trust, confidence in the police and police accountability;
capture an accurate record of police officer interactions with the public;
enhance public and police officer safety;
strengthen the commitment to bias free service delivery by officers to the public;
provide improved evidence for investigative, judicial and oversight purposes;
ensure fair and timely resolution of complaints and reduce unwarranted accusations of misconduct;
provide additional supervisory and leadership tools; and
provide information as to the effectiveness of Service procedures and training.
The BWC is an audio video recording device that will document officers’ interactions with members of the public during the execution of their duties. BWCs are intended to capture specific incidents. They are not intended for twenty four (24) hour recording.
The Supreme Court of Canada decision of Regina v. Duarte (SCC 1990), emphasises that interactions between the police and public are not to be secretly recorded without judicial authorization. Covert recording by a uniform police officer using the BWC is prohibited by law.
Front-line uniform officers will be equipped with the BWC technology and SHALL record all investigative and enforcement activities in compliance with this procedure. Frontline uniform officers who would not in the normal course of their duties engage in enforcement or investigative duties will not be equipped with BWC technology.
When a BWC is used, recordings are considered as supporting the officer’s observations and SHALL supplement, detailed memorandum book notes and applicable reports.
In circumstances where the Special Investigations Unit (SIU) mandate has been invoked, the SIU will be the lead investigative agency and the Service cannot release that footage to the public; that decision would be made by the SIU. In cases where the SIU is not involved or their involvement has ceased, the Service may release to the public, recordings from body-worn cameras where such recordings depict interactions with members of the public where a “compelling public interest” exists (such as where there are allegations of discreditable conduct, improper conduct, misconduct or excessive or improper use of force by Service Members). Such “compelling public interest” releases will only occur with the explicit authorization of the Chief of Police (Chief). Where a specific request for such a release has been made to the Chief and the Chief decides that there should not be such a release, the Chief will issue an explanation for that decision.
The purpose of this document is to provide the Service with a Procedure for the use of BWCs, and the management, storage, and retrieval of audio/video digital media recorded using the BWCs. This Procedure has also been developed in accordance with Toronto Police Services Board Policy “Body-Worn Cameras”.
Procedure - Discipline - Members must be cognizant of the value that the BWC presents and the importance of why they must be used in the performance of their assigned duties.
Any police officer found not in compliance with this Procedure, and/or associated Service Governance, will receive a minimum penalty of ________. This penalty increases to a minimum of_______. These penalty provisions have been included in Service Procedure - Chapter 13 Appendix A, entitled “Unit Level Criteria/Conduct Penalties”. The concept of progressive discipline will apply for subsequent breaches of associated Service Governance.
eight (8) hours
sixteen (16) hours for a supervisor
Procedure - Pursuant to Procedure 13–03 and 13–05, any apparent breach of this Procedure will be considered on its merits having regard to all the circumstances before discipline is commenced.
The Service is committed to maintaining public trust by delivering professional and unbiased policing at all times.
The above discipline will take effect after an officer is trained and equipped with a
BWC for sixty (60) calendar days. Sixty (60) calendar days was deemed by the Service to be a fair amount of time to allow officers to learn to properly use this new technology.
Context of Recording - Recording in a Private Place - Is permitted during _____________________. This includes private spaces such as a residence, government buildings and religious places as long as legal authority exists and is documented.
exigent circumstances, under the legal authority of a warrant or with the consent of the owner/occupant of the private space
Context of Recording - Recording with the consent of the owner/occupant – In a situation where an officer’s lawful presence in a private place is conditional on the owner’s/occupant’s consent, if the owner/occupant requests that the interaction not be recorded, the officer is required to
stop recording or request the owner/occupant come out to a public setting. Officers are required to provide the owner/occupant a reasonable opportunity to refuse or consent to being recorded.
Context of Recording - Recording in exigent circumstances or while in execution of a search warrant – When an officer is lawfully entitled to enter a private place in exigent circumstances or on the authority of a search warrant, the officer is lawfully permitted to
record with their BWC during their presence at the location. In these circumstances, an officer SHALL continue to record, despite an individual’s objection to being recorded.
Context of Recording - Recording in a Public Place – Officers may encounter situations where individuals object to being recorded in a public place. Officers may___________. Officers should be mindful that the public has a reasonable, albeit diminished expectation to privacy in public spaces.
While this Procedure makes it clear that officers SHALL start recording their BWC’s when they are engaging or about to engage a member of the public in an investigative or enforcement activity and that a recording SHALL not be started unless that is so, police actions at demonstrations or protests sometimes present unique challenges. BWC’s SHALL not be used as tools to carry out ______________. Officers at such events SHALL start recording their BWC’s when they engage or are about to engage a member or members of the public to investigate a breach of the law or to attempt to enforce the law. An officer who is standing by and merely observing a peaceful assembly, lawful demonstration or protest SHALL not start recording her or his BWC. If an infraction of the law is occurring or the officer REASONABLY BELIEVES that one is about to occur then the officer SHALL start recording.
continue to record, in compliance with the law
general surveillance and are not intended to be used to dissuade members of the public from exercising their lawful right to peaceful assembly, demonstration or protest
Context of Recording - Incidents of a Sensitive Nature – Officers equipped with a BWC must be cognizant of the impact recordings may have on victims, witnesses, or suspects involved in incidents of a sensitive nature, including in a public place. In such circumstances if it is momentarily necessary to obstruct the video to protect the_____________
In circumstances where an officer equipped with BWC is in a place of worship, the officer SHALL be cognizant of the privacy of those parties present as it relates to their engagement in _______________. In those circumstances, the officer SHALL ensure that the parties are aware of the reasons that continuous recording is necessary. In those circumstances, if the BWC recording is stopped due to a reasonable concern for the dignity of a person, it must be in accordance with this Procedure and documented both on the BWC and in the officer’s memo book.
dignity of another person (for example to allow them time to put clothing on), and taking into consideration the expressed wishes of the person in question; only the
video should be obstructed and this should only be resorted to for a short period of time and provided that the member(s) are not in a situation where they might use force while the lens is covered. Further, this must be in accordance with the law and documented in the officer’s memo book.
prayer, confession, worship and other matters that may be deemed personally sensitive
Retention, Security and Disposal -
The Body-Worn Camera and the Cloud Storage Solution are both Information Technology Assets and therefore subject to the__________. These controls govern any wrongful access, attempts to defeat security measures, and inappropriate or personal use of this infrastructure, and SHALL be implemented by the Information Security Officer.
Toronto Police Service Information Security Policy and IT Governance that establish organization - wide controls to ensure secure storage, transfer, and disposal of all recordings created by the BWC system, including records containing audio, video files and meta-data
Retention, Security and Disposal - The retention period of records is managed according to the City of Toronto By-Law No. 689-2000. All BWC records SHALL be retained for a minimum of_________ and then securely destroyed, absent a circumstance that triggers a longer retention period.
two (2) years plus one (1) day (which ensures the records are retained for the duration of the general limitation period established by the Limitations Act, 2002, S.O. 2002, c.24, Sched.. B)
Retention, Security and Disposal - All actions (e.g., recording, indexing, accessing, viewing, copying, redacting and deleting) in the BWC system are logged and auditable by
Information Security. Audit logs are retained indefinitely.
Retention, Security and Disposal - Officers SHALL identify any indication or suspicion of a breach to their supervisor who will in turn conduct a preliminary investigation and engage the Information Security Officer in accordance with Service Procedure 17-02 “Information Breaches”.
In cases where there is a breach or possible breach of the Cloud Storage Solution, the Supplier will, consistent with contractual obligations, promptly notify the Service in writing, and provide information relating to the breach or possible breach.
Consideration may be given to retaining a BWC recording for training purposes. In such circumstances, this must be at the approval of the Toronto Police College.
Use and Disclosure (Internal) BWC Recordings -
In general, the rules governing the use, review and dissemination of BWC recordings are contained in privacy legislation Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Access to or viewing of BWC records will only be allowed to members of the Service with a specific role in relation to the records justifying and necessitating such access. The following are specific examples of circumstances in which access will be allowed:
a. A Service Member who wore the BWC which captured the recording and who has already completed any required initial notes, reports, statements and interviews regarding the recorded events SHALL be allowed to access such recordings;
b. Supervisors of the Service Member who wore the BWC which captured the recording, or who are captured in the recording (as long as that Supervisor is not also a witness to the event) to allow the Supervisor to fulfill his/her duties as a Supervisor or where there are specific allegations of misconduct against the Service Member, or where a Use of Force form was completed and the events detailed in the form are also captured on the recording SHALL be allowed to access such recordings;
c. Service Members (including members of other Police Services, and members of other criminal or quasi-criminal authorities, who are conducting an investigation as agents for the Service) who have grounds to believe the recording includes evidentiary materials relevant to a Service criminal or quasi-criminal investigation shall have access to such recordings;
d. Legal counsel to the Service and Service Members supporting them with regards to an on-going or potential legal proceeding SHALL have access to such recordings;
e. Service Members who are conducting an audit of the Service’s body-worn cameras Procedures SHALL be allowed to access such recordings;
f. Service Members tasked with the development of training programs for the Service, who are made aware through their Unit Commander that certain BWC recordings may contain material that may be useful for the purposes of training of Service Members, SHALL have access to such recordings. All appropriate anonymizing measures SHALL be completed by the lead trainer prior to use in training;
g. Service Members attached to Forensic Identification Service responsible for analysis in relation to specific BWC recordings SHALL be allowed access to such recordings;
h. Service Members engaged in internal investigations, such as Professional Standards criminal or conduct investigations or internal reviews, SHALL be allowed access to BWC recordings that may be relevant to those investigations; and
i. Service Members aiding the Chief with respect to a “compelling public interest” release (described earlier in this Procedure) SHALL be allowed access to those BWC recordings.
Use and Disclosure (External) BWC Recordings -
Access to or viewing of production of BWC records for people who are not members of the Toronto Police Service will be provided only as permitted or required by law. Without limiting the generality of the foregoing, the following are examples of circumstances where this will occur:
a. Members of bodies responsible for independent oversight of police (e.g. Office of the Independent Police Review Director (OIPRD) and the Special Investigations Unit (SIU)) who are conducting an investigation and who have grounds to believe that the BWC recordings include evidentiary materials SHALL have access to such recordings;
b. Anyone who has legal authority (whether that be by statute, regulation or prior judicial authorization) SHALL have access to such recordings, including in relation to the prosecution of Toronto Police Services criminal and quasi-criminal cases and access requests granted under MFIPPA;
c. Members of the public or their representatives may be allowed to view BWC footage that captures an incident in which they were involved for the purpose of attempting to informally resolve a complaint or potential complaint into the conduct of a Service Member; such viewing will be at the discretion of the Officer in Charge or delegate; and
d. Members of the public will see a BWC recording that has been ordered released to the public by the Chief by virtue of there being a ‘compelling public interest’ in the release of such recording.
Member - All requests for a copy of BWC records from a member of the public SHALL be directed to the
Access and Privacy Section of Records Management Services.
Police Officer - No police officer SHALL use a BWC without having completed the
BWC training.
Police Officer - BWCs SHALL not be used to replace:
detailed memorandum book notes and applicable reports; and
photographic or video evidence normally captured by Scenes of Crime Officers (SOCO) or Forensic Identification Services (FIS)
Police Officer - When equipped with a BWC, you SHALL:
use the BWC assigned to you and in accordance with the prescribed training;
ensure that the totality of any interaction is recorded unless exempt in sections 5, 6 or 7 of this procedure;
ensure your BWC, is fully charged at the start of your shift;
ensure that your BWC is functioning properly in accordance with BWC training;
report all malfunctions to your immediate supervisor and the HELP desk at the earliest opportunity;
report any loss, damage or theft of your BWC to your immediate supervisor and comply with Procedure 15-16 at the earliest opportunity but no later than the completion of the tour of duty on that date;
not modify or attempt to modify any permanent settings or components of your BWC;
ensure the camera is mounted on your uniform in the approved location, using the approved mounting system
ensure your camera status and recording indicators, and lens are not obstructed from your view, the public’s view, and the view of other members and other first responders;
put the camera into “Stealth Mode” for officer safety reasons (contained within the definition of Stealth Mode, in the definitions below) only;
start a BWC recording;
prior to arriving at a call for service
at the earliest opportunity, prior to any contact with a member of the public, where that contact is for an investigative or enforcement purpose (including but not limited to; an apprehension under the Mental Health Act or an interaction with a person in crisis), regardless of whether or not the person is within camera view;
to record statements that would normally be taken in the field including utterances and spontaneous statements;
to record interactions with a person in custody or member of the public while in a Service facility, if the officer believes it would be beneficial to do so;
to record Protective Search (Formerly Level 1) and Frisk Search (Formerly Level 2) in the field; and
to record any other interaction where the officer believes a BWC recording would support them in the execution of their duties.
Police Officer - When equipped with a BWC, you SHALL not record:
policing activities that are not investigative or enforcement (as described in Item 4 above), in nature (should an activity change from non-investigative or non-enforcement to investigative or enforcement then the BWC must be recording immediately);
Strip Search (Formerly Level 3) and Body Cavity Search (Formerly Level 4) under any circumstance;
administrative conversations within a police facility;
in circumstances where an officer is extending confidentiality to a person or is engaged with a person who is known to be a Confidential Source and the officer is dealing with that person as such;
attendance in a courthouse, except in exigent circumstances, or under legal authority; and
attendance at a healthcare facility, except
under exigent circumstances;
under the authority of prior judicial authorization;
where the officer has custody of a person who is being treated or is waiting for health care treatment and the officer is alone with that person;
where the officer has custody of a person who is being treated or is waiting for health care treatment and the officer REASONABLY BELIEVES that the interaction between the officer and the person in his or her custody requires or might soon require the use of force; or
with the express consent of all people who might reasonably be expected to be captured in the recording.
Police Officer - In circumstances where an officer equipped with BWC is in a healthcare facility and an exception in Item 5 applies, the officer SHALL be cognizant of the
privacy of those parties present as it relates to medical condition/treatment. In those circumstances, the officer SHALL take reasonable steps to ensure that the parties are aware that recording is going on and of the reasons that recording is necessary.
Police Officer - In the circumstances described in Item 7, if it is momentarily necessary for the officer to obstruct the video (lens) of the BWC due to a reasonable concern for the dignity of a person at a healthcare facility, it must be
in accordance with this Procedure and documented both on the BWC and in the officer’s memo book.
Police Officer - In circumstances where an officer is present at an Indigenous Ceremony, the officer should be mindful of the significance of their privacy similar to that, which occurs within a Place of Worship. Unless required for an investigative or enforcement purpose, the officer SHALL not be
recording during the ceremony except where the officer has received the explicit consent of the Elder or Knowledge Keeper conducting the ceremony to do so. Officers SHALL , whenever possible, have such a discussion with the Elder or Knowledge Keeper prior to the event in which the ceremony is to be held.
Police Officer - Formal statements normally taken at a police facility, including The Queen v. KGB (youth case accused person’s initials) statements, are
not to be recorded using the BWC. Those statements are to be conducted by an appropriate investigator at a police facility.
Police Officer - At the earliest opportunity when the BWC is recording:
advise the members of the public that you are interacting with that your BWC is recording and they are being recorded;
when entering a private residence and/or private place, on the basis of consent alone, provide the owner/occupant a reasonable opportunity to refuse or consent to being recorded; and
advise Service members, and other first responders, in your presence that your BWC is recording and they are being recorded.
Police Officer - When your BWC is recording, the recording SHALL not be stopped, muted or deliberately re- positioned until the event has concluded or your involvement in that event has concluded except when:
booking/handling a prisoner within a Service facility where there is a REASONABLE BELIEF that other recording equipment is in use and it would not benefit the investigation and/or officer safety to have the two systems recording simultaneously;
discussions between Service Members about protected investigative techniques, where those discussions are taking place away from any member of the public (where muting the BWC would be sufficient to ensure against the unintentional disclosure of such discussions then the BWC should be muted for the duration of those discussion rather than stopping the recording);
any interactions with a an undercover operator that are taking place away from any member of the public (where muting the BWC would be sufficient to ensure against the unintentional disclosure of such interactions then the BWC should be muted for the duration of those interactions rather than stopping the recording);
an officer is offering confidentiality to a person or is engaged with a person who is known to be a Confidential Source and the officer is dealing with that person as such;
it is momentarily necessary to obstruct the video to protect the dignity of another person (for example to allow them time to put clothing on); in these circumstances only the video may be obstructed and this should only be resorted to for a short period of time and provided that the member(s) are not in a situation where they might use force while the lens is covered; and
directed to do so by a supervisor applying the criteria in Items 5, 6 or 7 of this procedure.
