Body Worn Camera Flashcards
(24 cards)
The Supreme Court of Canada decision of _____, 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.
- Regina v. Duarte (SCC 1990)
BWC
Releasing BWC to the Public
Such “compelling public interest” releases will only occur with the explicit authorization of _____. Where a specific request for such a release has been made to the _____ and the _____ decides that there should not be such a release, the _____ will issue an explanation for that decision.
- the Chief of Police (Chief)
- Chief
BWC
Any police officer found not in compliance with this Procedure, and/or associated Service Governance, will receive a minimum penalty of _____ hours. This penalty increases to a _____ hours for a supervisor. 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.
The above discipline will take effect after an officer is trained and equipped with a BWC for _____ days. _____ days was deemed by the Service to be a fair amount of time to allow officers to learn to properly use this new technology.
- eight (8)
- minimum of sixteen (16)
- sixty (60) calendar
- Sixty (60) calendar
BWC
_____ - Is permitted during exigent circumstances, under the legal authority of a warrant or with the consent of the owner/occupant of the private space. This includes private spaces such as a residence, government buildings and religious places as long as legal authority exists and is documented.
- Recording in a Private Place
BWC
_____ – 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.
- Recording with the consent of the owner/occupant
_____ – 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.
- Recording in exigent circumstances or while in execution of a search warrant
_____ – Officers may encounter situations where individuals object to being recorded in a public place. Officers may continue to record, in compliance with the law. Officers should be mindful that the public has a reasonable, albeit diminished expectation to privacy in public spaces.
- Recording in a Public Place
BWC’s shall not be used as tools to carry out 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.
Officers at such events shall start recording their BWC’s when _____.
An officer who is standing by and merely observing a peaceful assembly, lawful demonstration or protest shall _____. If an _____ then the officer shall start recording.
- 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
- not start recording her or his BWC
- infraction of the law is occurring or the officer reasonably believes that one is about to occur
BWC
_____ – 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 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.
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 prayer, confession, worship and other matters that may be deemed personally sensitive. 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.
- Incidents of a Sensitive Nature
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 _____ (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) and then securely destroyed, absent a circumstance that triggers a longer retention period.
- two (2) years plus one (1) day
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 _____ or delegate;
- Officer in Charge
BWC - Supervisor
- When supervising personnel equipped with a BWC shall:
* ensure officers are wearing the BWC according to training and this procedure;
* Supervisors are required to review a video from each BWC equipped police officer _____ to;
ensure officers are using the BWC in accordance with the law and BWC training;
determine if any additional training is required;
identify material that may be appropriate for training;
comply with section 15 of the Board Policy on Body Worn Cameras;
* review recordings, where applicable, to assist in the resolution of a public complaint in compliance with Procedure 13-02.
- a minimum of once (1) per month
BWC - Supervisor
- When attending or involved in an incident where the mandate of the SIU has been, or may be invoked shall:
* follow the directions of the _____;
* ensure _____; and
* comply with Procedure 13-16.
- Chief’s SIU On-Call Designated Authority
- the involved officers BWC’s are uploaded to the cloud
BWC - Supervisor
- When attending an incident where a police officer is equipped with a BWC, after assessing the circumstances, may direct the officer to stop recording, using the criteria in Items 5, 6 or 7 of this procedure and _____.
- make a record of the notification in the memorandum book
BWC - Supervisor
- Upon becoming aware that a malfunction has occurred with a BWC, shall ensure:
* the officer notifies _____
* the _____; and
* a replacement BWC is issued to the officer and recorded in the UCMR.
- the HELP desk forthwith;
- BWC is returned to Toronto Police College - Armament Section
BWC - Supervisor
BWC recordings identified by Supervisors as potentially relevant for training must be referred to _____ who will review them to determine their potential utility for training. If they are determined to be suitable for use in training then the process referred to in Use and Disclosure (Internal) BWC Recordings paragraph f will be complied with.
- the Unit Commander of the Toronto Police College
BWC - Officer in Charge
- When in charge of a unit using BWCs the OIC shall:
* ensure that all officers equipped with a BWC have received the BWC training;
* ensure officers are wearing the BWC according to training and this procedure;
* ensure Supervisors review a video from each BWC equipped police officer _____; and
* determine if any _____. - When attending or involved in an incident where the mandate of the SIU has been, or may be invoked shall:
* ensure the BWC recordings are uploaded to the cloud;
* follow the directions of the Chief’s SIU On-Call Designated Authority; and
* comply with Procedure 13-16
- a minimum of once per month
- additional training is required
_____ means a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a place to which the public has lawful access. Such places include, but are not limited to, a place of worship and a lawyer’s office.
- Private Place
_____ means any place to which the public have access as of right or by invitation, expressed or implied.
- Public Place
_____ is a state of the BWC where the camera’s lights and sounds are suppressed, even though recording continues. Used only on rare occasions, and only for officer safety (e.g. searching a warehouse during a break and enter and not wanting to alert the suspect of police presence or location).
- Stealth Mode
BWC
Service Members who obtained access to a recording may not provide access to the recording or otherwise disclose it to other Service Members or any external body or individual without _____. All such access is recorded within the meta-data of the system and can be tracked
- lawful authority
BWC
Formal statements normally taken at a police facility, including _____ statements, are not to be recorded using the BWC. Those statements are to be conducted by an appropriate investigator at a police facility.
- The Queen v. KGB (youth case accused person’s initials)
BWC - 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 _____, it must be in accordance with this Procedure and documented both on the BWC and in the officer’s memo book.
- the dignity of a person at a healthcare facility
BWC - 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 _____; and
to record any other interaction where the officer believes a BWC recording would support them in the execution of their duties.
- Protective Search (Formerly Level 1) and Frisk Search (Formerly Level 2) in the field
