Review of Vic PD Jail and Use of Force Trends to 2009-04 Prepared by Sgt. Colin Watson Jail Policy...

2010

VViinnccee BBeevvaann

Oceanside Strategic Solutions Inc.

2010-08-30

Review of Vic PD Jail and Use of Force Trends

Review of Vic PD Jail and Use of Force 2010-08-30

Table of Contents 1.0 The Community ..................................................................................................... 5

1.1 Background ........................................................................................................ 6

1.2. Process and Methodology .................................................................................. 6

1.2.1. Phase 1 ....................................................................................................... 6

1.2.2 Phase 2 ....................................................................................................... 8

1.2.3 Phase 3 ....................................................................................................... 9

1.2.4 Phase 4 ..................................................................................................... 10

1.2.5 Phase 5 ..................................................................................................... 10

2.0 Findings ............................................................................................................... 10

3.0 Review of Vic PD Jail Operations .................................................................... 13

3.1 Physical Plant and Usage ................................................................................ 13

3.2 Organizational Structure................................................................................... 14

3.3 Jail Operations - Staffing .................................................................................. 15

3.3.1 Introduction of Jail Sergeants .......................................................................... 16

3.3.2 Tenure of a Jail Sergeant ................................................................................ 17

3.4 Training of Jail Sergeants................................................................................. 19

3.5 Appointment of Jail Guards as Special Constables .......................................... 22

3.6 Training of Jail Guards ..................................................................................... 23

3.7 Physical Checks of Prisoners ........................................................................... 24

3.8 Segregation of Female Prisoners and Young Offenders .................................. 25

3.9 Overflow of Female Prisoners or Young Offenders .......................................... 25

3.10 Prisoners with Questionable Consciousness or Medical Issues ................... 26

3.11 Prisoners Who May Have an Infectious Disease .......................................... 29

3.12 Rubberized Flooring ...................................................................................... 30

3.13 Padded Cell .................................................................................................. 31

3.14 O/C Spray Decontamination ......................................................................... 31

3.15 Air Quality in the Jail ..................................................................................... 32

3.16 Fire Safety Plan and the Evacuation Plan ..................................................... 33

3.17 Exiting the Facility ......................................................................................... 34


3.18 Cell Checks for Weapons or Contraband ...................................................... 35

3.19 Video Cameras ............................................................................................. 35

3.20 Prisoner Intake Forms ................................................................................... 36

3.21 Family/Lawyers Visiting Prisoners ................................................................ 37

3.22 Physical Checks by Jail Guards of the Same Sex ........................................ 38

3.23 SBOR Reports by Jail Staff ........................................................................... 38

3.24 Prisoners from Other Agencies ..................................................................... 39

3.24.1 Sheriff‟s Department ............................................................................... 39

3.24.2 Neighbouring Police Departments .......................................................... 42

3.24.3 Immigration............................................................................................. 43

3.24.4 Parole Violators ...................................................................................... 43

3.25 Change the Methodology of Processing Prisoners ....................................... 44

3.26 Prisoner Transport ........................................................................................ 46

3.27 Prescription Medications ............................................................................... 46

3.28 Prisoner‟s Use of the Telephone ................................................................... 47

3.29 Search Policies ............................................................................................. 48

3.30 Schedule of Recommendations – Jail Operations ................................... 48

4.0 Review of Use of Force by Vic PD ................................................................... 58

4.1 Introduction ...................................................................................................... 58

4.2 Limitations ........................................................................................................ 58

4.3 SBOR Records ................................................................................................. 58

4.4 Methodology ..................................................................................................... 60

4.5 Reporting and Counting ................................................................................... 61

4.6 CEW Program .................................................................................................. 63

4.7 Training and the Role of the Control Tactics Coordinator................................. 66

4.8 Key Role of Supervisors ................................................................................... 69

4.9 Reasonable Officer Response ......................................................................... 69

4.10 Integrated Police Data Management Application .......................................... 70

4.11 Annual Reporting of Use of Force Statistics ................................................. 71

4.12 Policy Updates .............................................................................................. 71


4.13 Research Partnerships ................................................................................. 72

4.14 Schedule of Recommendations – Use of Force ....................................... 73

5.0 Summary .......................................................................................................... 76

6.0 Acknowledgements ............................................................................................. 77

Appendix “A” ................................................................................................................. 78

Description of the Project ........................................................................................... 78

Appendix “B” ................................................................................................................. 80

Occupational First Aid Level 3 ................................................................................... 80

Emergency Medical Responder - EMR ...................................................................... 80

Glasgow Coma Scale ................................................................................................ 81


1.0 The Community

The Victoria Police Department provides policing services to the citizens and visitors

in the communities of Victoria and Esquimalt. The City of Victoria is the capital of

British Columbia and is a world-renowned tourist destination. On January 1, 2003

Victoria and the Township of Esquimalt amalgamated police services into a single

police force, known as Vic PD. Esquimalt is known as a progressive community and

is home to the Pacific Fleet of Canada's Navy.

Victoria is home to approximately 78,000 residents1 and the Township of Esquimalt,

17,000 residents2. However, the population within the jurisdiction of Vic PD swells

each day as the City plays host to tourists and visitors from surrounding

communities who come to work or enjoy the restaurants, shopping and cultural

activities available. Each year Victoria plays host to over 3 million tourists. The area

is also well-known for its disproportionately large retiree population. According to

census data, Victoria and the surrounding communities are home to one of

Canada‟s highest concentrations of people 65 and older. The statistics are not

surprising given Victoria's mild climate, beautiful scenery, year-round golf season,

and generally easy-going pace of life.

Those same features also attract another segment of the population. Homelessness

and substance abuse and crime are realities in the community and these operate to

make Vic PD very busy. In fact, in 2009, Victoria surpassed Port Alberni as the

Island's top crime spot, according to Statistics Canada's police-reported crime

survey.3

Vic PD is responsible for a patrol area of approximately 30 square kilometres.4 It

has over 240 sworn members and more than 100 civilian staff. As one of the oldest

police departments in Canada, it is steeped in tradition. Yet Vic PD has long been

recognized for its innovation in policing.

1 As reported in the 2009 Victoria Annual Report.

2 Refer to website at esquimalt.ca/businessDevelopment/communityProfile/

2 Refer to website at esquimalt.ca/businessDevelopment/communityProfile/

3 Victoria had the 15th highest crime severity of 208 Canadian municipalities, Times Colonist, July 22,

2010. 4 City of Victoria comprises 19.68 km

2 and Esquimalt approx 10 km

2.


1.1 Background

During the course of the past few years, Vic PD has come under intense scrutiny from

the media and the citizens it serves. The situation with the former Chief Constable was

a challenging time for Vic PD. Vic PD came under intense media scrutiny and that

coverage was followed by a series of reports involving the use of force by members and

incidents occurring in the Vic PD Jail. Much of this coverage has brought the reputation

of Vic PD into question.

In December 2008, Jamie Graham was appointed Chief Constable. As Chief, he has

made a number of changes within the Department. However, Chief Constable Graham

also recognized that the Department could benefit from an external review. As a result,

Chief Graham made a proposal to the Victoria Police Board which then contracted with

an outside consultant to conduct a review of procedures and Policies related to the

operation of the Vic PD Jail; review current Use of Force trends within the Department

and help Vic PD respond to the 2009 Police Act Audit. On May 13, 2010 the Board

entered into a Contract with Vince Bevan, retired Chief of the Ottawa Police Service to

conduct a Review as described in Appendix “A” of this Report.

1.2. Process and Methodology

The Project was designed to include five phases. The following sections describe

those five Phases and briefly summarizes the work accomplished.

1.2.1. Phase 1

The first phase was intended to collect data, conduct interviews & research to identify

the current state. Upon letting the Contract, Vic PD assigned Staff Sergeant Andy

Lacon to act as the liaison between the Department and the consultant. Staff Sergeant

Lacon provided documents, Reports, set up interviews and was generally available to

provide an understanding of how and why Vic PD operates as it does.


A number of documents, Reports and Operating Policies relating to Jail operations were

examined including:

Provincial Standards for Municipal Police Departments in BC

Vic PD Internal Jail Audit – Updated to 2009-04

Prepared by Sgt. Colin Watson

Jail Policy Manual – Mission and Administration

Jail Policy Manual – Policy Respecting Access to the Jail

Jail Policy Manual – Prisoner Booking Policy

Jail Policy Manual – Prisoner Release Policy

Jail Policy Manual – Policy Respecting Security of the Jail Facility

Jail Policy Manual – Policy Respecting the Security

of Prisoners in Cells

Jail Policy Manual – Policy Governing the Medical Care

Of Persons in Custody

S.40 Audit of Vic PD: Focused Inspection – Detention Facility

Opinion Letter from P. Ceyssens: Supervision in the Vic PD Jail

Jail Stats for 2009: Saanich, Remands, Parole & Immigration

Draft Provincial Standard on Video in Jail Facilities

Jail Case Study by Sgt J. McRae

BC Offence Act RSBC 1996 Ch 338

Table 1 – Documents and Reports regarding Jail Operations


Similarly, documents, Reports and Operating Policies relating to Use of Force were

examined including:

S.40 Audit of Vic PD: Focused Inspection – Use of Force

Response to RFP by Systemtek Consulting Integrated Police Data Management System

CEW Training Transition Plan

Vic PD Staffing Request

BC Municipal Statistics 2008

Use of Force Stat Summary for 2007 / 2008 as used by Ministry Auditors

Policy OH20: Use of Force

OPCC Use of Force complaints (allegations) for Vic PD in 2009.

Table 2 – Documents and Reports regarding Use of Force

In addition, a series of focused interviews were conducted with both sworn and civilian

members of Vic PD. In all, 37 members were interviewed, some on more than one

occasion. Those interviewed included a cross-section of the Department largely drawn

from operational areas. In total, the interviews represented approximately 10% of the

authorized strength of Vic PD.

It should be noted that the Department as a whole was very welcoming and

accommodating. Everyone contacted for an interview made themselves available and

some even offered to come in while on their holidays in order to participate in this

Review. The Victoria Police Union leadership was among the first to be interviewed as

it was recognized that the Union is a key stakeholder in conversations about these

important issues.

1.2.2 Phase 2

A 2009 Ministry Audit focused on Use of Force and the Detention Facility was delivered

to Vic PD in March 2010. Vic PD had been evaluated against a series of Provincial

Standards and was required to file a response to the Audit with the Assistant Deputy

Minister, Policing and Community Safety, Ministry of Public Safety and Solicitor

General. The Audit Reports were examined in detail. Items identified in the Audits

provided the basis for discussion during a number of interviews.

The consultant met with Inspector Steve Ing who is the officer tasked with the

responsibility of responding to the Ministry. Elements of this Review will be used in the

response to the Ministry.


It should also be noted that, concurrent to this Review, Vic PD was engaged in their

own detailed examination of the Audit Reports and were making changes to Policy and

practice as recommended in the Ministry Audit. A number of the Sergeants assigned to

duties in the Jail were directly involved in that process. Vic PD was not content to wait

for this Review to be completed. A pattern of continuous discussion and regular

updates during this Review produced changes at Vic PD as issues were identified. That

approach to business speaks well of Vic PD as a learning organization.

1.2.3 Phase 3

Issues relating to Use of Force and Custody Facilities are not unique to Vic PD nor

other police departments in British Columbia. There has been constant self-

examination and improvement made within other Canadian police organizations. Some

changes have come as the result of Audits or in response to identified needs. Others

have made changes as part of a process of accreditation.

Once the examination of VIC PD Policies was completed and interviews were

conducted to permit an understanding of the state of affairs at Vic PD, a total of seven

police services were contacted in order to obtain copies of their Policies and Operating

Manuals. This list of respected police departments was developed in order to obtain a

compendium of best practices in the policing sector in Canada relating to Use of Force

and Custody Facilities. Selection was based on a set of criteria that included size of

the Department, reputation in innovation and workload.

The Police Departments who participated were:

Vancouver Police Department (VPD)

Abbotsford Police Department

Burnaby RCMP Detachment

Barrie Police Service

Edmonton Police Service

Ottawa Police Service

Peel Regional Police Service

These police services were generally very responsive to the requests made of them.

Some provided Policy documents and Operational Manuals, which have been compiled

onto a compact disk and provided to Vic PD under separate cover. References have

been made to certain policies from outside agencies within this Report. However, in

order to preserve the integrity of the Policy documents received from outside agencies,

the specific content of Policies from contributing agencies will remain confidential.


1.2.4 Phase 4

During Phase 4 of this Project, the workplan required the consultant to use all of the

data and information collected in the previous Phases in order to identify trends,

recommend any adjustments to Policy and Procedures; identify any training issues and

recommendations; and identify any changes to equipment.

A draft Interim Report was prepared for Vic PD and on July 7, 2010, Chief Constable

Graham was provided with a copy of that document. Follow-up discussions occurred

between the Chief and the consultant in order to clarify and expand on certain

observations. Since receiving the draft Interim Report, the Chief Constable has shared

it with the Senior Management Team at Vic PD in order to provide them with the

opportunity to comment.

The draft Interim Report contained a summary of Findings and a series of

Recommendations for change within Vic PD. Those same Recommendations are

included together with qualifying observations, in this Final Report.

1.2.5 Phase 5

The Final Phase of this Project involves the filing of this Report and a Presentation to

the Victoria Police Board. That Presentation has been scheduled to come before the

Board on September 14, 2010.

2.0 Findings

During the interview process, the consultants were very impressed by the calibre of

people working within Vic PD. They demonstrated a high level of commitment to their

profession, pride in Vic PD and a good insight into the organization and its culture. Vic

PD is a medium-sized police department. It is large enough to support a number of

specialized units. However, it is not so large that people across the organization don‟t

know the members they work with and what role they play within the Department.

Early in the project, it became apparent that Vic PD did not have the benefit of a

complete Policy Development cycle. This situation is not unique to Vic PD and is fairly

common to police departments where, because of staffing pressures, some members

are responsible for juggling several tasks at once from the „corner of their desks‟.

With regard to Policy Development, until recently, Vic PD had an officer assigned to

draft Policy documents. Unfortunately, as is mentioned elsewhere in this Report,


Constable L. Whitaker has left the Department. This has created a void which senior

management will no doubt move to fill. However, what has been lacking is an overall

approach to Policy which would serve Vic PD well in these changing times when Policy

and practice are frequently called into question.

The current Policy Development model at Vic PD is depicted by the larger ring in Figure

1. Policy development is often initiated by Standards introduced by provincial

authorities or in response to emerging issues where potential liability is a concern. A

Policy is then developed and members receive some level of training. Supervisors are

key and ensure that members are performing their duties in accordance with Policy. If

member performance becomes an issue, there are strategies within Vic PD to improve

performance and, as a final resort, the Discipline process is available to ensure

compliance. That, in brief, is how the Policy model at Vic PD currently operates.

Figure 1: Vic PD Policy Development As conversations with members indicated, what is missing is a system to test whether

Policy and / or training actually accomplish the intended goals. The Audit /

Reassessment wheel depicted on Figure 1 is an enhancement to current practice which

would serve Vic PD well in the future. In this context, an Audit is a process designed to

evaluate a system or process, ensure quality and test to determine whether the results


are aligned with the intent of the Policy. Reassessment considers the results of an

Audit and initiates any changes necessary to ensure that training and supervision are

on the mark. In some cases, the process of Reassessment will also prompt a review of

Policy to consider whether change is necessary in that area.

Review and Reassessment can be accomplished in a variety of ways either through

resources internal or external to Vic PD.

In addition, in examining Policies from other police services, it was apparent that others

are moving towards a “checklist” approach to Policies. These “checklists” provide

simple point form direction to members suitable for use in laptops or other mobile

devices.5 Should Vic PD adopt some of the Recommendations contained in this

Report, such as Field Release, then a checklist approach would assist members in the

field in following Directives.

Based on a detailed review of available information from Reports and Interviews done in

conjunction with an examination of Vic PD Policy, the following Recommendations are

made:

2.1.1 Vic PD move to fill the vacancy created by the departure of Constable

Whitaker; and

2.1.2 Vic PD amend their Policy Development cycle to include elements of Audit

and Reassessment; and

2.1.3 Vic PD adopt a “checklist” approach to Policy for use by members in the

Field.6

5 The Ottawa Police Service has adopted a “checklist” format for Policy. Copies have been provided to

Vic PD. 6 One example is the Edmonton Police Service Field Release checklist provided to Vic PD.


3.0 Review of Vic PD Jail Operations The following Chapter of this Report will outline Observations and Recommendations

stemming from the detailed review of Policy and practice within the Vic PD Jail.

3.1 Physical Plant and Usage

Vic PD operates a detention facility within its Headquarters building that is capable of

housing approximately 30 prisoners at any time. The detention facility is typically

referred to as “the Jail”. 7 Space includes cells for female prisoners and young

offenders. The jail is primarily used for prisoners arrested by the Department; however

there are circumstances when the Vic PD houses prisoners for other agencies. This

Jail is one of the busiest facilities in the province, second only to the Vancouver PD Jail.

In Vancouver, there are 123 single cells available for use.8 According to statistics

available for 2009, Vic PD Jail processed 7,353 prisoners, a significant volume given

the size of the Department and the detention facility. The statistics break down as

follows:

Hold SIPP 2216

Breach of peace 117

Common law holds 12

HPI 22

Hold prevent offence 40

Immigration 19

Local warrants 844

Mental health 6

New charges 2939

Outside new charges 53

Outside SIPP 68

Outside warrant 355

Sheriff remands 662 Total 7353

Table 3: 2009 Vic PD Jail Stats

9

Given the capacity to house prisoners at Vic PD, these numbers are very significant.

There are 14 individual cells for males; 2 larger bull pen cells; 5 cells for women and 2

cells for Young Offenders. Discounting the padded cell then, there are 23 individual

cells which could be used to house prisoners each day, 365 days per year. Assuming

7 Refer to Provincial Standards for Municipal Police Departments in BC, Chapter E1, for applicable

Standards. 8 Numbers courtesy of A/Inspector Jim Mc Cardell, Vancouver PD.

9 Stats courtesy of Vic PD, Staff Sergeant Andy Lacon


Vic PD handled one prisoner per day per cell, the annual capacity would be 8,395

prisoners.10

By comparison, Burnaby RCMP Detachment, who have approximately 20% more sworn

officers and police a larger population, process far fewer prisoners through their

detention facility. For example, in 2008, Burnaby RCMP reported housing

approximately 2,800 prisoners.11

Not all persons processed through the Vic PD Jail are lodged in a cell. Some are

released and others spend a very short time in the detention facility. However, others

under Remand or held for Immigration may spend several days in detention. Given that

reality, Observations on this issue have produced a series of Recommendations which

are detailed in the following sections.

3.2 Organizational Structure

As has been demonstrated by recent events in the Vic PD Jail, the operation of a

detention facility poses significant risk and liability to the Department. On October 30,

2008, Vic PD received an informed legal opinion produced by a noted expert in police-

related legal issues, employment law and human rights law, Mr. Paul Ceyssens.12 The

advice given to Vic PD provided a foundation for changes to supervision and care of

persons in custody. The legal opinion was produced for Vic PD after the Kinloch v.

Victoria (City) and the McKay cases in Victoria. Because of the confidential nature of

that advice, no direct excerpts are reproduced in this Report.

As was outlined in a legal opinion provided in October 2008 by Mr. Paul Ceyssens, the

care of persons in custody is clearly a high-risk responsibility in the delivery of police

services. Jail operations require diligent supervision and dedicated oversight. In most

large and medium-sized police services the responsibility to oversee the operation of

detention facilities are aligned with a Support Services structure. In the case at hand,

Vic PD has the Jail reporting through the Watches to the Uniform Services Division.

As will be discussed in more detail in a subsequent section, prior to the assignment of

Sergeants to the detention facility, staff had operated with a “lock-up” philosophy,

meaning that they saw their duty as one of maintaining custody rather than any sort of

duty of care to the persons in custody. That seems to have changed with the arrival of

the Sergeants and the re-casting of Policy to better address the situation in the Jail.

Staff now speak about a “culture of care of persons in custody”.

10 23 individual cells x 365 days = 8,395.

11 Stats courtesy of Inspector Walt Sutherland, Burnaby RCMP Detachment.

12 See http://www.earlscourt.ca/ceyssens.htm


Other police agencies in Canada have adopted strategies to not only change the culture

of operations with their detention facilities, but have changed the name of the facility to

remove the images conjured up by the name itself.13 Given the recent media coverage

of events which have occurred in the Vic PD Jail, a similar strategy may have some

application here.

Based on a detailed review of available information and review of Policy from Vic PD

and elsewhere the following Recommendations are made.

3.2.1 Vic PD amend the existing Organizational Structure so that the responsibility to

oversee the detention facility falls to an Operational Support Service; and

3.2.2 Rename the “Jail” to “Arrested Persons Processing Unit” or a similar name.

3.3 Jail Operations - Staffing

A series of focused interviews were conducted with sworn and civilian members who

were experienced in Jail Operations. Those interviewed included a group who were first

posted in the Jail when Chief Constable Graham made the decision to assign Sergeants

to duties as supervisors in the Jail. Members of that initial supervisory group were given

the opportunity to re-formulate the Policy governing the Vic PD Jail into a practice that

better reflected the duty Vic PD has to persons in their custody. It involved moving from

a culture where „custody‟ was the overriding purpose to one where „Duty of Care‟ was

the dominant philosophy.

Sergeants are assigned on a rotational basis. One of the Sergeants interviewed is on

his second tour of duty in the Jail and has been so assigned for eleven months. The

other Sergeants have served less time in this assignment. The Jail Guards are all

sworn as Special Constables. Those interviewed had from one to three and one-half

years of experience working in the Jail. Only one of the Special Constables interviewed

did not previously work in the Jail as a Commissionaire.

Staffing in the Jail is provided using a model similar to that used in Patrol. There are

four jail Watches working the same shift rotation as the uniformed Patrol watch. This

allows Patrol officers and Jail Guards to develop familiarity and good working

relationships. One of the Patrol Sergeants from each Watch is now assigned as the Jail

NCO and supervises the Special Constables and the patrol officers while those officers

are dealing with prisoners.

13

One example is Edmonton Police Service – APU: Arrest Processing Unit


The shift schedule is a 12 hour schedule. Staff work two day shifts, followed by two

night shifts and then are off duty for four days.

Each Jail Watch is comprised of a male and female Jail Guard (Special Constables) and

a Sergeant. A pool of Auxiliary Special Constables is available on a call-in basis to

cover any Jail Guard absences due to injury, illness, vacation, etc. In addition, one of

the Auxiliary Jail Guards is scheduled to work every Thursday, Friday and Saturday

night shift since these are the busiest periods in the jail.

The current Auxiliary pool is comprised of four female and three male Jail Guards. The

recent injury of two regular male Jail Guards pressed two of the male Auxiliary Jail

Guards into regular service and, therefore, reduced the call-in list. There have been

occasions when the presence of both a male and female Jail Guard has not been

possible. For example, during the Review, on the night of May 29th, there were three

female Jail Guards working with a male Sergeant. Fortunately, these situations are the

exception rather than the rule.

When a Jail Sergeant is absent, the position is backfilled by a member of the on-duty

Watch who is on the Acting Sergeants‟ List. These replacements may not always be

trained for such an assignment, but during this Review efforts were being made to

ensure that those on the Acting Sergeants‟ List were suitably trained.

3.3.1 Introduction of Jail Sergeants

By all accounts, the decision to assign Sergeants to the Jail has improved the efficiency

of the Jail. Previously Jail Guards frequently contacted the Watch Commander with

questions or issues that arose. The Watch Commander or another officer was required

to attend the Jail for the release of prisoners or the movement of prisoners within the

facility since the Jail Guards could not take a prisoner from the cells unless an officer

was present.

There has been a reduction in the number of prisoners from other agencies and an

improvement in the processing of these prisoners. Previously, Young Offenders and

female prisoners were brought in from other agencies with little or no notice provided to

the Vic PD Jail. According to one Jail Guard, some officers felt as though they could

run roughshod over the Commissionaires. Now, other agencies call ahead and speak

with the Jail NCO prior to attending and the Sergeant ensures they have made efforts to

release Young Offenders to their parents, etc. The computer system allows the

Sergeant to readily check the prisoner load in the cells at the neighbouring police

departments. On occasions when neighbouring departments have no prisoners and


therefore no need to segregate females and Young Offenders, the Jail Sergeant will

advise them that there is no need to bring their prisoner to the Vic PD Jail, as they can

house their own prisoner. The management of issues such as these at the Vic PD Jail

has assisted in reducing the number of prisoners held for outside agencies.

The fact that the Jail Sergeant is a member of the on-duty patrol watch allows for a

smoother transition to new processes involving officers from the same Watch. For

example, there had been a tendency for officers to bring their prisoners into the booking

area without first determining what other prisoners might be present. This could result

in Young Offenders or female prisoners being processed in the presence of adult males.

Officers are now more conscious of the need to avoid these types of situations.

As one Jail Guard put it, the Sergeant supervises and assists the Jail Guards but the

biggest impact was training the patrol officers in proper jail procedures. The presence

of the Sergeant has made a significant difference in this regard.

3.3.2 Tenure of a Jail Sergeant

At present, staff to fill the Sergeant‟s position in the Jail are drawn from a pool of

confirmed Sergeants on the Patrol Watches. Prior to June 2010, a Sergeant from each

Watch was assigned to the Jail on a 4-month rotational basis. This practice was

accepted by the Sergeants in the pool because it spread the duty evenly among the

group of Sergeants. A four-month long assignment was acceptable to those in the pool.

Although the assignment was not considered to be desirable given the opportunities

within the Sergeants‟ rank, it had become an established practice and everyone knew

that they should expect to take their turn in the Jail.

However, in June a change was announced. Assignments were extended to a period of

seven to nine months in duration. That change has produced some discontent amongst

the Sergeants in the pool who will each spend more time supervising operations in the

Jail. During the interview process it was indicated that the extended assignment could

result in some Sergeants applying for positions elsewhere in the Department so as to

remove themselves from the pool and thereby avoid the extended jail assignment.

In considering who should be assigned to duties in the Jail, selection and tenure are

both very important. As Mr. Ceyssens highlighted in his legal opinion, supervision is the


single most important strategy in the area of care of persons in custody.14 It follows

then that management should establish a set of criteria for the selection of Sergeants

beyond a mere rotation. Management should consider each candidate and select only

those who have the necessary skills to perform well in this environment. Initial and

continuing training are also important and will be dealt with in section 3.4.

During the Review, there were suggestions that Nurses be hired and assigned duties in

the Jail as is the current practice in Vancouver. In a Report prepared by Sergeant

Jamie McRae in 2009, the annual cost of operating the Jail was pegged at $1.6

million.15 That number includes the cost of salaries and services. In comparison,

Vancouver PD has a very large budget to support their Jail operations and spends $1.3

million each year just to staff their detention facility with qualified nurses who conduct an

assessment on every prisoner admitted to the Jail.16 The cost of adding Nursing staff to

the complement in the Vic PD Jail would almost double the cost of operating the facility.

Prior to the assignment of Sergeants to the detention facility, staff in the Jail had

operated with a “lock-up” philosophy. They saw their duty as one of maintaining

custody of prisoners. That has changed at Vic PD Jail. Policy has been re-formulated

to better address needs of prisoners in the Jail. Sergeants who were interviewed spoke

of a “culture of care of persons in custody”. One remarked he felt an obligation to

“humanize their experience in custody”. Another said that each Sergeant who followed

must understand that, “Every prisoner is your responsibility”. A third recognized that in

demonstrating a “measure of respect” for individuals in custody they were in fact

earning respect for their Department.

According to information provided by Vancouver PD, Vancouver processes slightly

more than 3 times the number of prisoners processed in Victoria. As one would expect

because of the volume and the health issues among many of their clientele, the

operation in the Vancouver Jail is much larger and is resourced and staffed accordingly.

There is no requirement or obligation that Vic PD follow Vancouver‟s lead in hiring

Nursing staff for the Jail. The level of service available from the BC Ambulance Service,

Policy directives, appropriate training of staff and an improved partnership with VIHA will

help Vic PD meet its obligations in relation to its duty of care.17

Based on a detailed review of available information, interviews and analysis, the

following Recommendations are made.

14

Legal Opinion provided by Mr. Paul Ceyssens, October 30, 2008. 15

Appendix “2”, Report of Sergeant Jamie McRae on Jail Options, 2009. 16

Costing courtesy of A/Inspector Jim McCardell, Vancouver PD. 17

See Section 3.10 regarding a strategy to reduce the number of „Hold SIPPs”.


3.3.2.1 Vic PD continue to appoint qualified Sergeants to serve as supervisors in the

Jail. A set of selection criteria should be developed to assist with the

identification of persons with the necessary skills and attributes. Tenure

should be for a minimum period of one year. Candidates should be drawn

from a pool larger than just the 12 Sergeants assigned to duties on the 4

Watches; and

3.3.2.2 Senior Management continue to foster the necessary change in culture which

was successfully introduced into Jail operations when the Sergeants were

assigned to duties there in early 2009; and

3.3.2.3 In the future, once the necessary cultural shift has occurred, Vic PD consider

replacing Sergeants with „professional‟ supervisors who have the requisite

skills and attributes to supervise in such an environment and are trained to an

EMR standard and can function as a Special Constable; and

3.3.2.4 This Review is not recommending that Nurses be hired for duties in the Jail at

this time. Further study may identify specific times of the week when high risk

prisoners are brought to the cells and this may provide the information to hire

and staff on a targeted basis. Sergeants trained to an appropriate level and

supported by a partnership with VIHA, the Sobering Centre and Emergency

Department of the Royal Jubilee Hospital should meet the need in this area.

3.4 Training of Jail Sergeants

When the decision to assign Sergeants as Jail supervisors (Jail NCO) was taken in Q1

2009, there was no formal training given to the four officers who were posted there.

The members assigned were Acting Sergeants and they were given the task of re-

casting Policy to fit the needs of Jail Operations. Senior management gave them a

broad mandate and the leeway to change the processes and culture of dealing with

prisoners.

In his Report, Sergeant Colin Watson described the work undertaken by the Jail NCO

Team.

“In March 2009, the newly appointed Jail NCO’s conducted an internal audit of

the Victoria Police Department’s jail facility. The audit was intended to identify

any inadequacies in jail operations and to find ways to increase safety, efficiency

and security of the jail. A further benefit would be to reduce, to the extent


possible, the incidents of civilian complaints and civil actions initiated against

individual officers and the police department.”18

Sergeant Watson then went on to describe the methodology employed in conducting

the Internal Audit.

“The team obtained the Provincial Standards for Municipal Police Departments

in British Columbia, specifically the standards for detention facilities. Members

examined each of the 39 standards and compared the operations of the Vic PD

Jail against these standards. The team went further to conduct a physical

inspection of the facility, specifically;

Cameras

All Equipment

Physical Layout

Content of cells

Records” 19

As noted in the Audit Report, during the process, the Team identified areas of concern

and ensured that steps were taken to remedy problems. By all reports, the members so

assigned did a remarkable job of doing just that. As they went about their work, the Jail

NCO Team made use of the legal opinion produced by Mr. Paul Ceyssens.20 The

advice given to Vic PD provided a foundation for changes to supervision and care of

persons in custody. Each of the Sergeants interviewed made reference to that opinion

and how it had changed their thinking.

In the months that followed, members of the Jail NCO Team worked together and with

Constable L. Whitaker, a member of Vic PD who specialized in drafting Policy

documents, to develop Policies which better reflected the new practices in the Jail.21 As

a result of that work, seven new Policies, as described in Table 4, were introduced as of

November 12, 2009.

18

Page 2, Vic PD Jail Audit, April 2009 19

Page 2, Vic PD Jail Audit, April 2009 20

Legal Opinion provided by Mr. Paul Ceyssens, October 30, 2008 21

Constable Whitaker left Vic PD shortly before the start of this Review. She has been brought back on Contract to complete specified Policy work-in-process.


Jail Policy Manual – Mission and Administration

Jail Policy Manual – Policy Respecting Access to the Jail

Jail Policy Manual – Prisoner Booking Policy

Jail Policy Manual – Prisoner Release Policy

Jail Policy Manual – Policy Respecting Security of the Jail Facility

Jail Policy Manual – Policy Respecting the Security

of Prisoners in Cells

Jail Policy Manual – Policy Governing the Medical Care

Of Persons in Custody

Table 4 – Jail Policies

Because of the changes in process during the period leading up to the adoption of

Policy in November 2009, it was not possible to develop a program of formal, classroom

instruction for Sergeants who were assigned duties in the Jail and replaced members of

the original Jail NCO Team. To overcome this problem, Staff Sergeant Lacon

developed a checklist of issues which were reviewed with new Sergeants before they

assumed their duties. Further, newly assigned Jail NCO‟s were given the opportunity to

„job shadow‟ experienced supervisors who explained their role and provided practical

instruction. The Policy documents which were under development also provided Jail

NCO‟s with a set of guidelines and if questions or issues arose, more experienced

Sergeants were available to provide advice and guidance.

The lack of a formal training program for newly assigned Jail NCO‟s and their back-up

replacements was identified as an issue early on. Once the seven Policies were

completed, work then began on developing a formal training course for Jail NCO‟s.

Sergeant Conor King had been assigned to duties in the Jail in August 2009 and he and

Sergeant Colin Watson assisted with the development of the training program and a

companion Jail Sergeant Manual which was prepared to assist Jail NCO‟s in the day-to-

day operation of the Jail.22 The first training course was delivered in June 2010.

22

Refer to Vic PD Jail Sergeant‟s Manual, June 2010.


It should be noted that some of the basis for the Vic PD training was derived courtesy of

the Vancouver PD Training Manual. As well, the product of discussions with staff during

this Review was incorporated into the formal training program. It is a credit to Vic PD

that they acted on issues in a timely fashion without waiting for the benefit of this Final

Report.

Observations on this issue have produced the following Recommendations.

3.4.1 As mentioned in this section and previously in this Report, adequate training of

Sergeants to prepare them for this assignment is crucial to minimizing the risk

associated with persons in custody. Not only must the Sergeants be trained, but

those who replace them during vacations or other absences must be trained as

well; and

3.4.2 In addition to the training provided by the Department on operating procedures

and philosophy, each Sergeant should be trained to the Occupational First Aid

Level 3 ticket or EMR standards including the application of the Glasgow Coma

Scale.23 These qualifications should be maintained as long as the Sergeant may

be called to duties in the Jail. Policy, adequate operational training and the

above mentioned qualifications should mitigate the need to hire Nursing staff in

the Jail.

3.5 Appointment of Jail Guards as Special Constables

Prior to the appointment of Chief Constable Graham, guard duties in the Jail were

furnished, under contract, by the Corps of Commissionaires. Supervision in the Jail was

provided by a Commissionaire. According to information received during the interview

process, the Victoria Police Union had been lobbying the previous Chief for a change.

After some consideration, Chief Constable Graham made the change and Jail Guards

were hired as Special Constables and Sergeants were assigned as supervisors.

Given the Mandate of this Review, it is not necessary to examine the process which

converted Commissionaires to Special Constables. That process was supported by the

Victoria Police Union and senior management recognized the need to improve the

system then in place in order to correct identified problems. As Commissionaires,

guards were not authorized to perform certain duties relating to the prisoners they

controlled. For example, as Special Constables, the guards are now able to conduct

23

Refer to Appendix “B” of this Report for further details.


queries on police databases and add information to the system regarding prisoners.

This has enabled the guards to be more effective and efficient in their duties.

Once guards were hired as Special Constables, they were outfitted in uniforms which

identified them as members of Vic PD. During an interview, one Jail Guard noted that

there was a noticeable improvement in the way prisoners addressed and treated the Jail

Guards. While they had been Commissionaires, prisoners treated them with very little

respect. As uniformed Special Constables, prisoners are now more respectful and do

not verbally and physically challenge the Jail Guards as often as was the case in the

past.

Under the current system, Jail Guards are better paid, receive benefits and are

represented by the Victoria Police Union.

3.6 Training of Jail Guards

When Vic PD converted the former Commissionaires to be Special Constables with the

Department, a one-week classroom training program was delivered. During interviews

it was learned that not all of the Jail Guards had attended that training. According to

the best information available, the course included instruction on Policy, operational

issues and Use of Force training. The Jail Guards interviewed regarded the training as

“comprehensive and beneficial”. However, not all of the current Jail staff took the entire

course and there has not been a similar training program offered to date.

As one Jail Guard explained, the Department made the program available to all but it

was not mandatory. As a result, not all guards have had the benefit of the classroom

training program.

However, all of the Jail Guards were provided with approximately one week of job

shadowing prior to assuming their duties. Each then worked alongside a more

experienced Jail Guard who provided guidance. Staff advised that job shadowing was

considered an effective teaching strategy in light of the job requirements in the Jail.

In Vancouver, Jail Guards receive approximately 112 hours of training. During that

training, they receive a relatively high level of instruction in Use of Force techniques as

well as training in pre-cursor behaviours on the part of subjects. This model provides a

good example for Vic PD.



3.6.1 Initial training of Jail Guards requires improvement and should be to a level

comparable to Jail Guards at Vancouver PD; and

3.6.2 Vic PD implement annual requalification training for all Jail Guards, to include

Use of Force training; and

3.6.3 Jail Guards be required to maintain their Occupational First Aid Level 2 ticket as

a condition of employment.

3.7 Physical Checks of Prisoners

One of the issues identified in the Provincial Audit was the fact that, by Vic PD Policy,

physical checks of the prisoners are mandated every 30 minutes. The provincial

standard requires checks every 20 minutes. During this Review, Vic PD was

addressing the issue.

Generally, the change to physical checks every 20 minutes could be accomplished with

little impact on Jail operations. During discussions, several Jail Guards noted that

physical checks are, for the most part, currently being done more often than every 30

minutes. The exception to this would be in very busy periods, particularly in the

morning when prisoners are being prepared for transport to court. During this time,

there are many duties to perform and, if there are also any incoming prisoners requiring

booking, the 20 minute check could prove difficult with existing staffing levels.

It was noted that the addition of a third Jail Guard during busy periods on Thursday,

Friday and Saturday nights has provided staff with the time necessary to conduct

physical checks of prisoners during these traditionally busy nights.

Other police agencies have made the process of checking prisoners a more efficient

exercise through the use of technology. For example, in Edmonton, a card reader

system has been installed to record the time the prisoner was checked and any

comments the Jail Guard may make. Another option involves a barcode system and

codes which are entered by Jail staff to collect comments.

In Vancouver, Jail Guards use magnets to attach simple forms onto cell doors. Jail

Guards then make the check, record the time and apply a code for any applicable

comments. This process is efficient and cost effective.



3.7.1 Vic PD immediately adopt the use of prisoner forms which are tacked to cell

doors to record prisoner checks and comments. Samples have been collected

from Vancouver PD and provided to Vic PD; and

3.7.2 In the future, when renovations occur in the detention facility, Vic PD install

technology at each cell to assist Guards in recording prisoner checks.

3.8 Segregation of Female Prisoners and Young Offenders

The provincial audit noted that the segregation of females and Young Offender cell

areas are effective but the current Jail Policy does not address the segregation of these

prisoners in the common areas such as the hallways and the booking area. During the

interview process, it was learned that segregation in all areas of the Jail is the current

practice. Females and young offenders are left in the cruiser in the Sally Port until the

booking area is clear. If a female prisoner or Young Offender is being booked when an

adult male requiring immediate attention is brought in, the female / young offender is

placed in an interview room until their booking can be accommodated in private.

Several Jail Guards noted that this practice has become „second nature‟ to the patrol

officers following the assignment of the Jail Sergeants.

Observations on this issue have produced the following Recommendation.

3.8.1 Vic PD must ensure that the necessary changes regarding the segregation of female prisoners and Young Offenders are written into Policy.

3.9 Overflow of Female Prisoners or Young Offenders

There is a shortage of female cells more often than Young Offender cells. This is

attributed to the use of the jail as a female Remand Centre for Correctional authorities.

When an overflow does occur, one of the male ranges is taken over to accommodate

the overflow prisoners.

Infrequently, when there are too many male prisoners to take over one full male range,

a portion of the range (usually the back cells) are used for females. In this instance they

are segregated as much as possible by ensuring the windows in the cell doors remain

closed.

If the cells are filling up quickly and a shortage is anticipated, the Jail Sergeant will notify

other agencies that they will not accept additional prisoners.


The number of Young Offender prisoners has been somewhat reduced by the presence

of the Jail Sergeant. Other agencies calling ahead are often queried about their

attempts to release Young Offenders to their parents, etc. This procedure is working,

as it was reported that outside agencies are now making a more concerted effort to

release Young Offenders rather than simply transporting them to the Vic PD Jail.

Despite changes in procedures, there was anecdotal evidence that some individuals

may have been at the Vic PD Jail longer than 24 hours. That should not occur.

There are related Recommendations regarding prisoners on Remand and held for

outside agencies. Those Recommendations are found at section 3.24.

3.10 Prisoners with Questionable Consciousness or Medical Issues

Jail Guards working in the Vic PD Jail are trained to Occupational First Aid Level 2.24

This training includes instruction regarding the assessment of levels of consciousness

but the Jail Guards interviewed suggest this instruction is not extensive and should not

be relied upon. In addition, this First Aid designation requires the Jail Guards to be first

responders to medical situations elsewhere in the Police Department building.

Jail policies dealing with persons of questionable consciousness or in need of medical

attention state that medical assistance should be sought „if there is any doubt as to the

need for medical attention‟. Jail staff indicated that they felt the policy is satisfactory as

written. In practice, each case is assessed on its own merits and Jail staff firmly believe

they err on the side of caution in making any decisions. They also advised that the BC

Ambulance Service is frequently called when there is any doubt. The response time to

their calls is very good and the ambulance staff readily attend when called.

Jail staff also advised that they closely monitor any prisoner who is highly intoxicated or

otherwise potentially a medical risk. It is not uncommon for staff to summon an

ambulance a second time for the same prisoner if their condition may be deteriorating.

Jail Sergeants are aware of their onerous responsibilities regarding intoxicated

prisoners. In his legal opinion, Mr. Ceyssens used a quote from a Judge to remind Vic

PD of their obligations. The Judge said, “To the intoxicated inmate the duty is to

exercise the greatest care.”25

24

Defined as training to a level where the person can provide advanced lifesaving skills in urban areas

which have ready access to the BC Ambulance Service. See http://www.sja.ca/BCYukon/Training/AtWork/Pages/OccupationalFirstAidLevel2.aspx for further details. 25

Legal Opinion provided by Mr. Paul Ceyssens, October 30, 2008.

http://www.sja.ca/BCYukon/Training/AtWork/Pages/OccupationalFirstAidLevel2.aspx


Unfortunately, at present, there are few alternatives available to police who encounter

an intoxicated person. As a result, in 2009, 2216 SIPPs (state of intoxication) arrests

were processed through the Vic PD Jail. That number becomes more meaningful

when it is expressed in daily terms. On average, Vic PD houses 6 persons per day for

State of Intoxication. Similar issues face police departments in other jurisdictions. For

example, in 2009, Vancouver PD processed approximately 6,000 SIPPs through their

Jail.26

One of the alternatives is the Sobering Centre, a 20 bed facility offering shelter and

assessment of intoxicated persons for less than 24 hours.27 However, Jail Sergeants

indicated a frustration over the rules in place at the Sobering Centre, which has full time

medical staff on site. It was reported, and later confirmed, that the Sobering Centre has

a Policy whereby any person who is “too drunk” is not admitted to their facility. This

Policy, referred to as the “Pyjama Policy” was interpreted by police as operating as

follows. Any individual brought to their facility who is too drunk to put on their pyjamas

will not be admitted and will be turned over to Vic PD. Police officers found this difficult

to understand as the individuals who would most benefit from supervision by trained

medical staff were turned away only to be detained in the Vic PD Jail where there was

no such medical supervision.

Apparently, this situation had been permitted to continue for some time. A meeting was

arranged with staff at the Sobering Centre on June 1, 2010. During that meeting, it

became apparent that the Sobering Centre was unaware of how this Policy was being

interpreted by police. There are of course reasons why the policy is in place at the

Sobering Centre.

Preliminary discussions indicated that there was some promise that a partnership could

be developed between Vic PD, the Sobering Centre and the E.R at the Royal Jubilee

Hospital concerning the handling of chronic alcoholics. In 2007, the Mayor‟s Task Force

was successful in developing solutions to serve certain segments of the population. 28 If

gaps remain, this should be regarded as an opportunity to work together with the

Sobering Centre and other community partners towards solutions. The Coordinator of

Withdrawal Management Services, Bob McKechnie, provided a list of persons who may

be willing to meet and open such discussions. This list was passed along to Vic PD for

follow-up by the Department.

26

Stats courtesy of A/Insp Jim McCardell. 27

Refer to http://www.viha.ca/mhas/locations/victoria_gulf/vwms.htm 28

Mayor's Task Force on Breaking the Cycle of Mental Illness, Addictions and Homelessness - A Victoria Model


The problems associated to intoxicated prisoners were highlighted in Victoria with the

death of Kevin John Vigar who died of alcohol poisoning in the Vic PD Jail on June 27,

2009. Prior to his death, Mr. Vigar had been arrested in Victoria on 87 occasions for

public intoxication. Vic PD was in a position to identify the symptoms of chronic

alcoholism, but with no system currently in place for referral and treatment, Mr. Vigar

unfortunately became simply a regular client at the Jail.

Police in BC have been given powers under the Offence Act to deal with the problem of

chronic alcoholics such as Mr. Vigar.29 Specifically, sections 91and 92 of the Act deal

with persons who are found to be in need of remedial treatment because of the use of

alcohol. The procedure requires collaboration between police, a physician and Crown

Counsel who must make an application for an Order. It also requires access to an

institution for the treatment and rehabilitation of chronic alcoholics. In discussion with

staff, it appears that these provisions do not currently apply in this jurisdiction because

Victoria has not been designated by the Lieutenant Governor in Council pursuant to

section 91(7).

As mentioned, other police departments face similar challenges in dealing with

intoxicated persons and have taken steps to divert those individuals. Vancouver PD is

one of 4 designated „Hold SIPP‟ facilities in the province, giving them additional options

in dealing with chronic offenders. Vic PD and the chronic alcoholics its members

encounter would benefit from having a similar designation.

The Edmonton Police Service has recently updated their Policy on persons under the

influence of intoxicants. That Policy, 2-J-2 Adult Public Intoxication, contains specific

reference to a number of discretionary options that officers have when dealing with

intoxicated persons.30 The Policy itself contains a list of Community Agencies who are

available to accept intoxicated persons who have not exhibited violent or threatening

behaviour. That Policy, and the community partnerships required to make such a

practice work in Victoria, are a good model for consideration. Edmonton Police

Service has also produced a useful tool which provides front-line officers with a set of

guidelines for assessing medical and / or injury issues. A copy of the Policy has been

provided to Vic PD.31



29

BC Offence Act, RSBC 1996, Ch 338. 30

E-copy provided to Vic PD. 31

Sec B 2, 2-J-2 Adult Public Intoxication, Edmonton Police Service.


3.10.1 Vic PD train Jail staff to provide them with a set of guidelines for assessing

persons who present with medical and / or injury issues; and

3.10.2 Further, Vic PD train front-line Patrol officers to provide them with a set of

guidelines for assessing persons who present with medical and / or injury issues;

and

3.10.3 Vic PD Policy be amended to stipulate that any person arrested should be

assessed by the arresting officer for medical and / or injury issues and then be

assessed again upon arrival at the Vic PD Jail; and

3.10.4 Vic PD establish a relationship with VIHA agencies such as the Sobering Centre /

Detoxification Centre / E.R at the Royal Jubilee Hospital and seek out a

community-based strategy to reduce the number of Hold SIPP‟s brought to Jail;

and

3.10.5 In memory of Kevin John Vigar who was arrested 87 times for public intoxication,

Vic PD undertake a study of the chronic alcoholics who regularly come to their

attention in order to build a business case to persuade provincial authorities that

the provisions contained in section 91 and 92 of the BC Offence Act be

authorized for use within this jurisdiction; and

3.10.6 To further complement work done in response to the Vigar matter, Vic PD set up

a process whereby persons frequently arrested for public intoxication are flagged

for follow-up under sections 91 and 92 of the Offence Act. Efforts should be

made to identify chronic alcoholics and get them into treatment. Changes to

Policy should be added to the Prisoner Booking Policy in those sections which

specifically refer to SIPP arrests.32

3.11 Prisoners Who May Have an Infectious Disease

The consensus of the Jail Guards is that they do not have a great deal of training

regarding prisoners with infectious diseases. They noted that they regularly encounter

prisoners suffering from such illnesses. The information requested of the prisoner

during the booking process contains questions regarding infectious diseases. Although

this „self-declaration‟ cannot be relied upon as being accurate, the Jail Guards suggest

that many prisoners do so declare. They also note that many of the prisoners are

regulars and their status in this regard is known or is listed on their records system.

32

Vic PD Prisoner Booking Policy, sections 3.17 to 3.23.


Jail Guards noted that they have adequate safety supplies available to them.33 They

advised that they always use gloves when dealing with all prisoners but they

infrequently use the other supplies. The arresting officer will advise them if the prisoner

has been spitting or is bleeding. In these cases the Jail Guards will usually put on

goggles but they seldom use masks.

Generally, the Jail Guards believed they would benefit from more knowledge and

training in dealing with persons with infectious diseases.

The bedding (and clothing when appropriate) of diseased prisoners is bagged and

identified as hazardous material for pickup by the laundry service. Cells which have

held persons with diseases or who have vomited or bled are labelled for the facility

cleaner.


3.11.1 Vic PD provide training and annual updates to educate Jail staff on how to deal with prisoners who have infectious diseases; and

3.11.2 Cleaning in the Jail must be done diligently.

3.12 Rubberized Flooring

Thin rubberized flooring has been installed in the primary hallways and the booking

area. This flooring does not extend into the range hallways or the cells except the

padded cell.

The rubberized flooring is an improvement in safety over the hard concrete floor over

which it was laid. Reportedly, the new flooring has reduced some injuries. It is mostly

advantageous in the booking area since this is where confrontations with prisoners most

often occur. Prisoners who are taken to the floor are seldom injured and the flooring is

likely of some benefit in this regard.

However, there have been advances in the technology of rubberized flooring which go

far beyond the product currently installed in the Jail. Thick rubberized flooring is now

available on the market and has been proven in installations, particularly police holding

cells where safety and protection are requirements. Such flooring is used in many law

enforcement facilities in the United States and some in Canada.

33

For example: gloves, goggles, spitting masks and bunny suits.


Peel Regional Police reported that they have installed a thick rubberized floor in their

cell block and are quite pleased with it. Marketing materials on the product were

obtained as well as a sample and these have been provided to Vic PD.


3.12.1 Vic PD upgrade the flooring in defined areas of the Vic PD Jail to a new

generation „cushion‟ flooring.

3.13 Padded Cell

The padded cell is not used as often as it was in previous years. In prior years it was

used to house self-destructive prisoners as well as those who were very unruly.

Prisoners who incessantly kicked the door to their cell causing noise which disturbed

other prisoners would be placed in the padded cell to reduce their ability to make noise.

Following the Kinlock case, the padded cell is now used only for self-destructive

prisoners. These prisoners are only left in the padded cell until they calm down

sufficiently to be placed into a regular cell.

Jail staff report the padded cell is frequently damaged by prisoners and is, therefore, out

of commission for repairs for extended periods of time. During these periods, self-

destructive prisoners must be kept in regular cells and monitored constantly. According

to staff, the padded cell is only used once or twice a month when it is in service.

The company who markets the padded flooring mentioned in 3.12 also has a product

designed to be installed into padded cells. It is in use in other jurisdictions who report

favourable results. Product information has been given to Vic PD for their evaluation.


3.13.1 Because of recurring problems with the current padded cell, Vic PD upgrade the

room to a newer generation material durable enough to keep the padded cell

available for use.

3.14 O/C Spray Decontamination

During interviews and in reviewing statistics on Use of Force, O/C spray is an option

that is used by officers less frequently than it was in the past. It then follows that

decontamination of a prisoner is not required as often. No current statistics were

available, but Jail staff suggested that decontamination is required once per month.


In reviewing the process of decontamination currently in use in the Vic PD Jail, it would

appear there is no set plan in place and no special equipment involved. Prisoners

requiring decontamination are usually placed directly into a cell following receipt of an

abbreviated initial booking process. The prisoner is then instructed to use the cell sink

to splash water on his face to flush the spray. In some circumstances using this

procedure, it may be problematic and make it difficult for staff to meet their obligations

to decontaminate an individual.

On other occasions, the prisoner is shown to the prisoner washroom in the interview

room hallway and told to flush with water from the sink. The prisoner is then booked

and placed in a cell where he can continue the decontamination. This approach can

also cause problems.

Other jurisdictions were canvassed. The Peel Regional Police have implemented an

inexpensive and effective system. The prisoner need not have their restraints removed

to be decontaminated. The procedure involves a regular garden sprayer filled with

water. The prisoner is positioned near a floor drain and Jail Guards use the garden

sprayer to spray fresh water on the prisoner to flush the OC Spray from their eyes and

nose. Peel reported that this process is a very effective method of decontaminating

prisoners.


3.14.1 Vic PD standardize their approach to OC Spray decontamination and further,

implement a new tool - a sprayer similar to that used by Peel Regional Police;

and

3.14.2 During the weekly inspections, Vic PD ensure that the sprayer is filled with fresh

water and note that fact on the weekly report.

3.15 Air Quality in the Jail

Jail staff report the air circulation in the facility is poor. This is particularly problematic

since some of the prisoners have very poor hygiene and exude excessively bad odours.

Because of the lack of adequate air movement, odours remain in the Jail for a

considerable period of time.

During interview, some of the Jail staff indicated that they thought air quality issues

resulted in increased sick time. One Sergeant advised that he believed that the lack of

fresh air contributed to staff catching colds or influenza from prisoners who bring those

illnesses into the Jail.


Jail staff have used their initiative to assist prisoners who have hygiene issues or whose

clothing is filthy and in need of cleaning or replacement. Jail staff have collected items

of clothing that they distribute to prisoners who are in need. Most of the clothing comes

from the Jail staff or other members of Vic PD who donate items. When the supply of

clothing runs low, a department-wide e-mail is circulated and members have always

responded and replenished the supply of clothing, coats and shoes. The Jail Guards

report this program is greatly appreciated by many of the prisoners.

On occasion, when workload and staffing permits, some prisoners who need to clean

themselves have been given access to a shower, soap and shampoo.

During one visit, staff had the man-door leading into the Sally Port left open in an

attempt to get some air into the Jail. Although this is contrary to policy, it has become a

frequently used means of improving the air circulation.


3.15.1 Vic PD conduct periodic air quality checks in the facility; and

3.15.2 Vic PD examine the possibility of venting the Jail to the exterior of the building or

installing air filters to control the quality of the air in the Jail; and

3.15.3 Vic PD establish partnerships with community service organizations that would

provide clean clothing, outerwear and footwear for distribution to prisoners in

need; and

3.15.4 Vic PD recognize the efforts of staff across the Department who have been

involved in the collection and distribution of clothing to prisoners for several

years.

3.16 Fire Safety Plan and the Evacuation Plan

Jail staff all advised that the fire and evacuation plans have been discussed and are

well addressed in the jail policies. The Jail Guard training course addressed these

issues. The Fire Plan and the emergency exits are posted and the fire extinguishers

are examined at regular intervals by the City Fire Department. But there have been no

fire or evacuation drills conducted.



3.16.1 Vic PD plan and hold a Table Top exercise to test the fire and evacuation plans

that are currently in place. Lessons learned from that test should be used to

make any necessary adjustments.

3.17 Exiting the Facility

The majority of prisoners are released in the Jail and are then escorted through the

Sally Port door and underground garage to the man-door exit at the bottom of the

vehicle ramp. The prisoners are then on their own to walk up the ramp which curves up

to the left to exit the facility. Prisoners who are permitted to walk out of the facility in this

manner can see the police vehicles and equipment in the area. They can also see

officers passing by as they enter or leave the building in their personal vehicles. Also of

concern is the fact that vehicles used in undercover operations pass by this area as

they enter or leave the building thus giving persons so inclined the opportunity to take

note of the make, model and licence plate information.

Jail Guards expressed no concerns about releasing prisoners through the garage in this

fashion.

The process with Young Offenders is different. Most Young Offenders are picked up by

family members and therefore leave the building through the front doors.

During a visit, some police vehicles were being driven rather quickly on the entry ramp.

Given this is the same pathway that a released prisoner follows to exit the facility, the

exit from the Jail is identified as a matter of significant risk to the Department.


3.17.1 The procedures in place for the release of prisoners from the facility be amended

as soon as possible. Persons must be escorted to the top of the ramp. Vehicles

entering or leaving the facility should be warned of the presence of a

pedestrian(s) on the ramp by means of a flashing amber light visible to such

traffic; and

3.17.2 Vic PD ensure that details of undercover vehicle are protected from the view of

prisoners leaving the facility.


3.18 Cell Checks for Weapons or Contraband

Jail Guards indicated the cells are checked at the start of each shift and they are further

checked every time a prisoner is placed in or taken out of the cell. Jail Sergeants

reported that they conduct a weekly inspection of the entire facility and record the

results on a weekly report. This report includes specific reference to weapons and

contraband search. A copy of the report form was examined.

Edmonton PS has a well-developed Policy on weekly inspections.34 A copy of that

document was provided to Vic PD for their information.


3.18.1 Vic PD Policy be amended to require that the practice of searching all cells at the

start of each shift and again prior to a prisoner being placed in a cell be

documented. Documentation is required by provincial standard; and

3.18.2 Vic PD amend Policy to formalize the requirement to conduct weekly inspections

by the officer in charge and describe the expectations in detail as per the

example from the Edmonton Police Service. Further, there be a requirement that

these Reports be reviewed and signed off by an Inspector or equivalent rank.

3.19 Video Cameras

The NCOs and Jail Guards all indicated the picture quality was good and the camera

coverage was satisfactory. Planned amendments to the provincial Standard on video in

BC Jails may require a relatively small addition to the current system.35 The video feed

was checked and the clarity of the images was very good.

Any required maintenance of the camera systems is done by an outside agency and the

response times when malfunctions occur are reported to be satisfactory. Individual

cameras are upgraded as the need arises.

During this review there was considerable discussion about whether there was merit in

having an audio recording system installed to compliment the current high quality, digital

video system. After careful review and discussions with other police agencies, it is

recommended that there be no audio recording system installed in the Jail. The

34

See Edmonton Police Service Weekly Inspection Reports (CALEA Standard 72.3.3)

35 Ref proposed Provincial Standard on Video in BC Jails as per letter from Solicitor General Kash Heed

dated Nov 4, 2009.


technology currently available is one concern. Acoustics in the Jail do not easily lend

themselves to audio recording. Further, disclosure of audio recordings is a significant

issue. All recordings may need to be transcribed, a very labour-intensive and expensive

proposition.

But there are times when it would be advantageous to have audio recordings of

interactions with prisoners. In order to capture a record of exchanges with unruly

prisoners, a digital video camera is kept in the Jail Sergeant‟s office. One Sergeant

indicated he made it his practice to use this camera to record the behaviour of some

prisoners, particularly prisoners from other jurisdictions. The audio obtained with this

camera is seen as a benefit over the standard video coverage of the fixed jail cameras.

When the video camera is used, the images are downloaded to the prisoner‟s file. This

is not standard practice in the Jail however. Another Sergeant indicated he had never

used this camera. A third was aware it was there to be used and would use it if a

situation warranted.


3.19.1 Vic PD continue to use the hand held digital video camera and download clips

containing audio / video to prisoner‟s file where warranted. A high quality digital

video camera has been acquired and is kept in the Sergeant`s office for such

situations. All Sergeants should be trained in its use; and

3.19.2 Vic PD post warning signs in the Sally Port and Booking area to notify prisoners

that they may be video and audio taped.

3.20 Prisoner Intake Forms

The arresting officer completes the face page of the Prisoner Intake Form. This

contains the identification, charges, use of force and other such information.

The reverse side of the form contains the prisoner‟s medical information and is intended

to be completed by the booking Jail Guard.

The form is then reviewed by the Jail NCO who signs off on the form. Missing

information must be completed prior to the submission of the form to the Records

Department.



3.20.1 Prisoners be processed one at a time. The Jail Sergeant be present in each

case and a Jail Guard complete and sign the admission Forms. The Sergeant

must be present to assess the prisoner`s condition, validate the grounds for

arrest, be vigilant for Charter of Rights issues and otherwise ensure that the duty

of care of that prisoner is met. Jail Guards should be responsible for completing

an assessment on persons who present with medical and / or injury issues.

3.21 Family/Lawyers Visiting Prisoners

Jail staff indicated that prisoner visitations are very rare and they do not become

involved in this process when it does occur. This is primarily due to the fact that their

duties keep them in the main jail facility.

Visits to prisoners are governed by the Vic PD Policy Respecting Access to the Jail.

This is a subject that was identified as lacking in both the 2002 and 2009 provincial

Audits and work is underway to bring practice and Policy up to provincial standards.

In practice, when a request for a visit is made, such request is addressed to the Jail

Sergeant. In situations where the request is approved, the Jail Sergeant will typically

rely on the Detective involved in the case to deliver the prisoner to the visitation area

and provide security throughout the visit. Prisoners are searched before and after each

visit.

The room where visits occur is located on the floor above the main area of the Jail.

Visitors are separated from prisoners by a Plexiglas window. Personal contact is not

permitted and nothing can be passed between the prisoner and the visitor. However, it

was noted that there is considerable flex in the Plexiglas and it is not as secure as it

perhaps should be.

Although visits are permitted, prisoners, particularly those females on extended remand,

primarily use the telephone for contact with the outside. Jail staff provide women on

Remand with opportunities to use the telephone in one of the interview rooms within the

Jail.


3.21.1 As identified in the provincial Audit, amendments to Policy are required in relation

to visitors. Visitors must be required to identify themselves and Policy should

provide guidelines on searching visitors. Further, as an assist to Jail Sergeants,

Policy should list circumstances and category of persons who will be admitted for

visits to prisoners. Prisoners should have the right to refuse visits; and


3.21.2 In addition, the Plexiglas window separating prisoners from visitors be upgraded

to provide a more secure space.

3.22 Physical Checks by Jail Guards of the Same Sex

There are a male and a female Jail Guard assigned to each Watch. The Jail Sergeants

are all males. Under `normal` circumstances, the physical check of prisoners is

conducted by Guards of the same sex. However, there are situations where, due to

staffing, that may not be possible.

When a Jail Guard is off duty due to vacation, sickness, etc., a replacement is called in

from the Auxiliary list. This list currently contains a higher number of female Jail Guards

than male Guards. There are times when only female Guards are available for duty

when called. The current composition of the list also impacts the composition of staff

when an additional Jail Guard is called to work on Thursday, Friday and Saturday

nights, the busiest periods.

These circumstances have resulted in occasions when female Jail Guards have been

responsible for the physical checks of male prisoners. An example of this was a Friday

night in May when there were 3 female Jail Guards on duty with the male NCO. Jail

staff report that male Jail Guards do not conduct physical checks of female prisoners.

The staffing arrangements at Vancouver PD Jail were reviewed during this study.

Vancouver has overcome the gender imbalance by imposing minimum staffing numbers

for men and women in the Jail operation. As a result, the physical check of prisoners is

conducted by Guards of the same sex.


3.22.1 Vic PD introduce minimum staffing numbers of each gender so that male and female Guards are on duty in the Jail.

3.23 SBOR Reports by Jail Staff

Department Policy requires each person involved in the application of force on a subject

complete a Subject Behaviour Officer Response (SBOR) Report. Jail Guards were

queried in this regard and most report that, although they have used Force as


contemplated in the Policy Directive, they have never completed an SBOR report. One

of the Jail Guards interviewed reported completing an SBOR Report. Most were

unaware of the requirement that they complete these reports, indicating a training issue.

Jail Guards report that the majority of cases where prisoners are taken to the floor or

otherwise restrained occur in the booking area. They advise that the arresting officers

usually handle these situations. The Jail Sergeant is likewise present for potentially

unruly prisoners and will become involved if necessary. This reduces, but by no means

eliminates, the instances when Jail Guards become involved in scuffles and struggles or

apply techniques beyond mere handcuffing.

Jail Sergeants reported they do become involved with violent and unruly prisoners and

will complete SBOR Reports when necessary. There have been instances when

reports should have been submitted, but have not been. Sergeants further

acknowledged that they have not addressed the need for the Jail Guards to complete

these reports.


3.23.1 Jail Sergeants and Jail Guards submit SBOR Reports as prescribed by VIC PD Policy; and

3.23.2 Information collected on these SBOR Reports be used to inform the annual requalification training for Jail staff.

3.24 Prisoners from Other Agencies

3.24.1 Sheriff’s Department

The Jail is designated as a Provincial Remand Facility for female prisoners. This is the

result of the fact that there is no female detention facility on the Island.

The Remand Facility status causes the prolonged detention of females on a regular

basis. Female prisoners are frequently housed for several days. There was anecdotal

evidence as to the periods of time that some women have spent in custody at the Jail

while on Remand. In one example, a woman spent 13 consecutive nights at the Jail.

While that particular case may be extreme, there are a number of other examples where

women on Remand have remained detained in the Vic PD Jail much longer than they

should have been.

Vic PD Jail is not set up to house prisoners for periods longer than 24 hours. Prisoners

on Remand are entitled to daily showers, exercise and other amenities common to the


provincial detention system. None of that is possible in the Jail. Add to that the fact that

some of the regular clientele are noisy and tend to keep their neighbours awake at

night. All of this can tend to make the stay at Vic PD Jail less pleasant for prisoners on

Remand. Although Jail staff report that they enjoy a reasonable relationship with

prisoners on Remand, unhappy prisoners tend to vent their frustrations on the Jail

Guards.

One Jail Guard indicated that the court system does little to mitigate the situation. She

indicated that the Sheriff‟s Department has an afternoon flight to the mainland every

weekday that could be used to transfer females to and from the female Remand Centre

in Surrey. This transport is not used to maximum benefit because Crown Counsel

regularly holds these cases down and they are often not reached during the day or

cases are called too late in the day. She indicated that, if the cases were dealt with

earlier in the day, transportation to the mainland would be possible and female

prisoners would spend less time at the Vic PD facility. In addition, prisoners in the

Surrey Detention Facility are often scheduled to appear in court on Mondays. This

requires their transport to the Jail on Friday and they are, therefore, forced to spend the

weekend in the Vic PD Jail awaiting their Court appearance. Likewise, prisoners from

Surrey who are remanded into custody on Fridays are often required to spend the

weekend in the Jail, before being returned to Surrey the following Monday.

In 2009, Vic PD housed 235 male prisoners on Remand and 344 female prisoners on

Remand. On average, each prisoner remained in the Jail for approximately 25 hours.

Overall, prisoners on Remand were housed in the Jail for 14,385 hours.36

Once Vic PD accepts a prisoner on Remand, Vic PD then assumes the risk and

responsibility for any liability that is incurred during the prisoner‟s stay. Given the

accounts about some of the long stays, the risk associated to that liability may be

significant. One recent incident serves to highlight the problem.

Synopsis:

On Monday, June 14th, 2010, a 33 year old female heroin addict was

arrested on a warrant issued by Vic PD. On Tuesday, June15th, she was

taken to Court to face the charges detailed in the Warrant. Her case was

set over to June 16th and she was returned on a Remand to the Vic PD

Jail. The prisoner was at this point a provincial responsibility.

On the morning of June 16th, Sheriff‟s officers refused to take custody of

their prisoner because she was now suffering from the effects of heroin

36

Stats courtesy of Staff Sergeant Andy Lacon, Sheriff Remands 2009.


withdrawal and had vomited. Vic PD officers took her to the Hospital for

treatment. The woman spent 7 hours in Hospital under guard provided by

Vic PD, was treated and released and returned to Vic PD Jail.

She spent another night in custody with Vic PD. During the night she was

again taken to Hospital because of her condition. The woman and her Vic

PD escort spent 5 hours in the Hospital. She was then cleared to be

taken back to the Jail where she remained for a further 24 hours before

being taken to Hospital by Ambulance a third time.

She missed her scheduled Court appearance on Friday, June 18th and

was remanded to the following week. Yet the Sheriff‟s officers, who are

mandated to transport prisoners, refused to accept her given her

condition.

Finally, Staff Sergeant Lacon called staff at Vancouver Island Regional

Correction Centre and asked that they take custody of the prisoner and

move her to Surrey where she could be treated and properly housed.

Vic PD is not equipped, trained nor staffed to deal with a prisoner in her condition.

Yet Vic PD was left to accept the risk and liability for her care by the Sheriff‟s

Department, the agency responsible to move her while she is on Remand. This

incident underscores the need to make significant changes to the current agreement

whereby prisoners on Remand are held in the Vic PD Jail.37

Given the numbers of prisoners that Vic PD deals with on a daily basis, there are

concerns that the current capacity to house prisoners may not meet the demands for

space. This concern may be mitigated, at least in the mid-term, through reducing

the numbers of prisoners held for outside agencies, including the Sheriff‟s

Department, Saanich PD, Immigration and Parole.

Based on a detailed review of available information, statistics on usage and review

of Policy from Vic PD and elsewhere the following Recommendations are made.

3.24.1.1 Vic PD limit the amount of time they will house prisoners on a Remand and

initiate discussions with provincial authorities to opt out of the current

arrangement totally by December 31, 2012; and

3.24.1.2 Work with Crown Counsel and the Sheriff‟s Department to reduce the time

women are held at the Vic PD Jail on Remand. Prisoners on Remand should

37

Details drawn from an e-mail from Staff Sergeant Andy Lacon, July 20, 2010.


have their matters dealt with in a timely fashion each day so they can be

transported to detention facilities on the mainland.

3.24.2 Neighbouring Police Departments

Neighbouring Police Departments regularly transport their prisoners, primarily females

and Young Offenders to the Vic PD Jail. Prior to the assignment of Sergeants to the

Jail, other Police Departments would „steamroll‟ the supervising Commissionaire by

arriving unannounced and delivering prisoners to the Jail. It was also reported that

other agencies would attend the Jail with a person arrested on a warrant issued by Vic

PD. No paperwork would be done on the arrest and the prisoner was merely dropped

off at the Jail. It was described as a classic „dump and run‟.

The introduction of the Jail Sergeant has improved the overall situation. Now,

neighbouring police departments must call ahead and ask the Jail Sergeant before they

deliver a prisoner. It has now become a matter of practice for the Sergeant to divert

some of these prisoners by requiring the other agencies to make efforts to release

eligible prisoners, especially Young Offenders rather than lodging them in the Vic PD

Jail. Jail Sergeants also have the ability to access the Prime computer system to check

prisoner status at neighbouring departments. Armed with this information, Jail

Sergeants will occasionally advise the other police departments retain their own

prisoners because their custody facility can accommodate him or her.

Saanich Police Department was the focus of several comments. Apparently their

detention facility is old and situated adjacent to the General Office in their Headquarters

building. They have very limited facilities to house female and Young Offender

prisoners. It was reported that whenever Saanich had a rowdy prisoner, Saanich would

transport that prisoner to the Vic PD Jail so staff working at the Police Station would not

have to listen to the noise. This assertion was not tested. Vic PD Jail staff noted that

they frequently received troublesome prisoners from Saanich. That then translates into

increased risk accepted by Vic PD when they house those prisoners.

In 2009, Vic PD Jail housed 108 prisoners for Saanich PD. Of those, 28 were male

prisoners. The average stay of a Saanich prisoner was greater than 9 hours.


3.24.2.1 Vic PD initiate discussions with neighbouring police departments to opt out of

the current arrangements with them that permits Vic PD to house their

prisoners. Except in exigent circumstances, Vic PD should not house

prisoners for neighbouring departments after December 31, 2011; and


3.24.2.2 Vic PD adopt Policy that persons will not be kept longer than 24 hours and

clearly list exceptions, ex: Remands or Immigration.

3.24.3 Immigration

The use of the Jail as a holding facility for Immigration was not addressed during the

initial Jail Guard interviews. However, during the visit to the Jail on 2010-06-05, it was

noted that Immigration had two prisoners lodged in the Jail on Immigration warrants.

These prisoners were expected to be detained for the weekend. Although the volume

of prisoners detained on Immigration matters does not approach that of females held on

remand, Immigration prisoners are not unknown at the Jail.

In 2009, Vic PD housed 14 prisoners for Immigration authorities. The average stay was

approximately 30 hours. These numbers and the length of stay does not pose the same

sort of problem as the arrangement with the Sheriff`s Department for female Remands.

However, as previously outlined in this Report, the Vic PD Jail is not designed to

accommodate stays longer than 24 hours.


3.24.3.1 Vic PD limit the amount of time they will house prisoners for Immigration

authorities. Except in exigent circumstances, Vic PD should not house

prisoners for periods longer than 24 hours.

3.24.4 Parole Violators

Vic PD Jail does accept prisoners for Parole authorities. In 2009, Vic PD housed 132

prisoners for Parole. The average stay of these prisoners was less than 9 hours.

However, in one case where a female prisoner was brought in by Parole, she remained

in the Jail for a period of 72 hours. Again, as previously outlined in this Report, Vic PD

Jail is not set up to house prisoners for periods longer than 24 hours.


3.24.4.1 Vic PD limit the amount of time they will house prisoners for Parole

authorities. Except in exigent circumstances, Vic PD should not house

prisoners for periods longer than 24 hours.


3.25 Methodology of Processing Prisoners

In Victoria, the current system of processing arrested persons has evolved out of

necessity. In other jurisdictions, persons for a certain category of offences are released

on a Promise to Appear in Court to answer to the charges and a further promise to

attend the police station to be photographed and fingerprinted pursuant to the

Identification of Criminals Act. Where a person has been charged and subsequently

convicted, the conviction will not be registered against a person`s criminal record unless

the charges are supported by fingerprints. Where a charged person fails to attend to be

processed under the Identification of Criminals Act, that person is liable to be charged

with a further offence of Fail to Comply.

In Victoria, the local Crown Counsel is reluctant to pursue charges of Fail to Comply.

As a result, Vic PD officers generally bring their prisoners to the Jail and fingerprint and

photograph them prior to releasing them. This process puts Vic PD police officers to

extra work and takes extra time. During peak periods, officers are then off the streets for

a longer period of time and this puts added pressure on the front-lines to respond to

priority calls for service.

The situation in Vancouver is quite different. There, charged persons who are released

on the street are given an appointment to attend the police station and be processed. It

should be noted that all fingerprinting and photographing is done by staff in the

Vancouver PD Jail. The vast majority of persons released comply and attend to be

processed under the Identification of Criminals Act, perhaps because there are

consequences for failure to attend. If a charged person fails to attend to be processed,

Crown Counsel in Vancouver initiate charges and prosecute those offenders for Fail to

Comply. This then reduces the urgency to fingerprint and photograph charged persons

at the time of their arrest. If Vic PD had similar support from Crown Counsel in Victoria,

they would be more efficient and officers would be spending more time on the street

dealing with calls for service.

To further improve their efficiency, Vancouver PD has implemented a Field Release

Program whereby persons arrested who can be released are released before ever

being brought to the Jail. Under that program, a group of officers were trained to

respond to the point of arrest, validate the reasons for arrest, and where appropriate

complete the documentation necessary to release the person on the spot. The person

promises to appear in court and also promises to attend to be photographed and

fingerprinted. This has reduced the number of prisoners who are brought to the

Vancouver PD Jail.

Other police departments have experienced similar challenges. In June 2010, the

Edmonton Police Service prepared a very comprehensive Flowchart for members which


is designed to assist officers in determining if the person arrested can be released at the

scene or should be taken to the detention facility. The document serves as a checklist

and specifies the paperwork which must accompany the prisoner. A copy of that

document has been obtained and delivered to Vic PD.

Vancouver also has another system in place which promotes efficiency and keeps

officers on the streets. Prisoners who must be brought to the detention facility are

picked up by a transport vehicle and are then brought to the Jail and processed by staff

assigned to duties in the Jail. The officers who made the actual arrest seldom attend

the Jail themselves. They are responsible for completing the necessary reports and

collecting evidence and statements at the scene. Transportation and processing are

the responsibility of a group assigned to duties with the Jail.

Both the Field Release Program and the Vancouver „curbside pick-up system` for

prisoners would be beneficial in Victoria. As one Jail Sergeant confided, the number of

prisoners brought to the Jail by Vic PD officers could be reduced by 15% if there was an

effective Field Release program in place. However, the resources to support the kind of

„curbside pick-up system` employed in Vancouver are limited. Given the limited

resources at the front lines, keeping patrol officers on the road must be the priority.

Another option would be to have patrol officers deliver their prisoners to the Vic PD Jail

and turn them and the necessary paperwork over to Jail staff who would then continue

processing the prisoner.

Jail staff could relieve officers of the responsibility to fingerprint and photograph

prisoners. They could ensure the prisoner has access to the telephone to call and

receive calls from legal counsel and prepare the necessary release documents where

applicable. During interviews, members described the amount of time that officers

spent in the Jail on these tasks. These are duties that could be assumed by Jail staff

thereby freeing up the officers for front-line duties. This system, known as the ``Drop

and Go`` system could help to improve the number of officers on the road at peak times.



3.25.1 Vic PD must make every effort to persuade local Crown Counsel to prosecute

Fail to Comply charges in this jurisdiction. There must be consequences for

offenders who do not attend to be photographed and fingerprinted as required by

law; and

3.25.2 Assuming that support from Crown Counsel is received, Vic PD implement a

Field Release program similar to that now in place in Vancouver. Designated


officers will be trained and deployed on each Watch for the purpose of releasing

eligible offenders at the scene. Further, to assist officers, Vic PD develop

guidelines, similar to the Flowchart produced by Edmonton Police Service; and

3.25.3 Vic Pd test a “Drop and Go” system whereby officers who have made an arrest

deliver their prisoner to the Jail and leave the prisoner and the necessary

paperwork with Jail staff who will then assume responsibility to fingerprint and

photograph the accused; arrange for phone calls and complete the required

paperwork in preparation for the prisoner`s release. The “Drop and Go” system

may require the addition of a Special Constable on each Watch so it is further

recommended that a workload assessment be conducted to determine the

amount of added labour actually required and the amount of officer time

recovered through this system; and

3.25.4 In future, Vic PD examine the costs and benefits of implementing a „curbside

pick-up system‟ for prisoners, similar to that currently in operation in Vancouver.

Such a system may improve efficiency and reduce pressures on front-line staff.

3.26 Prisoner Transport

Vic PD owns 5 Sprinter vans. The Sprinter vans used for transport are too large to be

accommodated in the Sally Port. Ideally, the van should be backed into the Sally Port

and the outer door closed before prisoners are loaded or unloaded. Unfortunately,

when a Sprinter van is backed into the Sally Port and the outer door closed, there is not

enough room left to open the rear doors. Currently, members back the van into the

Sally Port and load or unload prisoners while the outer door is left open. This situation

involves an unnecessary risk and is a safety issue for both officers and prisoners.


3.26.1 Vic PD replace the Sprinter vans with vans which are better suited to the task of

transporting prisoners.

3.27 Prescription Medications

It should be noted that section 6.0 of the Vic PD Policy Governing Medical Care of

Persons in Custody was compared against the Policies of other Departments. The Vic

PD Policy was found to be generally very strong and well-developed. However,

improvements could be made to the current Prisoner medication and treatment log.


Samples of Policies from other police departments have been provided to Vic PD for

their perusal.38

Further, it would be good practice to have a second person witness and verify that the

correct medication and dosage was administered to the prisoner. That is not the current

practice as the dispensing is merely recorded in the prisoner‟s record on Prime. The

dispensing of prescription medications is an area that should be reviewed annually to

ensure that the Policy and practice are in line with current practices in the policing

community.


3.27.1 Vic PD update its Policy on dispensing prescription medications to ensure that a

second person witnesses and verifies that the correct medication and dosage

was administered to the prisoner.

3.28 Prisoner’s Use of the Telephone

During the interview process, staff identified issues with the access prisoners were

given to telephones. It was reported that in the past, instead of calling their lawyers,

certain prisoners had abused the access to a telephone by calling and threatening

witnesses. In one specific case, it is alleged that a prisoner called the victim and

threatened her if she proceeded with the charges for which the prisoner was in custody.

Situations such as this with calls originating from a telephone within Vic PD may

produce certain ethical and legal consequences for the Department.

It is very important that nothing be done or seen to be done to limit the Rights of

prisoners to retain and instruct counsel. However, steps need to be taken to ensure

that victims and witnesses are not intimidated. Other police departments have been

consulted about their policies in relation to this matter. In some jurisdictions, the

arresting officer or designate will dial the telephone number and the numbers called will

be recorded on the prisoner log as well as the arrest report.

One member of Vic PD advised that the current process regarding access to a

telephone is the direct result of case law.


38

A good example can be found in the EPS Policy at Dispensing of Medications (PPS – SS 6.1(e))

(CALEA Standard 72.6.5)


3.28.1 Vic PD review their current practice of providing unrestricted, private access to

prisoners who wish to make a telephone call.

3.29 Search Policies

Vic PD Policy Respecting the Security of Prisoners in Cells was reviewed as part of this

process. It was found to be generally complete and well-developed in comparison to

similar policies from outside agencies. There was one category of person that is not

mentioned in the Vic PD Policy, an intersexed person. Intersexed means a person who

is born with the full or partial sex organs of both genders, or with underdeveloped or

ambiguous sex organs. A recent situation in Ontario has prompted police services in

that jurisdiction to amend their Policies regarding Search to include guidelines for the

search of intersexed persons.39 Copies of those Policies have been provided to Vic PD.


3.29.1 Vic PD amend their Policy Respecting the Security of Prisoners in Cells to

include specific guidelines for members who may encounter an intersexed

person.

3.30 Schedule of Recommendations – Jail Operations

The following Schedule of the 60 Recommendations that pertain to Jail operations has

been compiled for easy reference.

2.0 Findings – Policy Development

2.1.1 Vic PD move to fill the vacancy created by the departure of Constable

Whitaker; and

2.1.2 Vic PD amend their Policy Development cycle to include elements of Audit

and Reassessment; and

2.1.3 Vic PD adopt a “checklist” approach to Policy for use by members in the

Field.

39

For example, Barrie Police Service, Procedure #126, Search of Persons


3.2 Organizational Structure

3.2.1 Vic PD should amend the existing Organizational Structure so that the

responsibility to oversee the detention facility falls to an Operational

Support Service; and

3.2.2 Rename the “Jail” to “Arrested Persons Processing Unit” or a similar

name.

3.3.1 Tenure of a Jail Sergeant

3.3.1.1 Vic PD continue to appoint qualified Sergeants to serve as supervisors

in the Jail. A set of selection criteria should be developed to assist with

the identification of persons with the necessary skills and attributes.

Tenure should be for a minimum period of one year. Candidates

should be drawn from a pool larger than just the 12 Sergeants

assigned to duties on the 4 Watches; and

3.3.1.2 Senior Management continue to foster the necessary change in culture

which was successfully introduced into Jail operations when the

Sergeants were assigned to duties there in early 2009; and

3.3.1.3 In the future, once the necessary cultural shift has occurred, Vic PD

consider replacing Sergeants with „professional‟ supervisors who have

the requisite skills and attributes to supervise in such an environment

and are trained to an EMR standard and can function as a Special

Constable; and

3.3.1.4 This Review is not recommending that Nurses be hired for duties in the

Jail at this time. Further study may identify specific times of the week

when high risk prisoners are brought to the cells and this may provide

the information to hire and staff on a targeted basis. Sergeants trained

to an appropriate level and supported by a partnership with VIHA, the

Sobering Centre and Emergency Department of the Royal Jubilee

Hospital should meet the need in this area.

3.4 Training of Jail Sergeants

3.4.1 As mentioned in this section and previously in this Report, adequate

training of Sergeants to prepare them for this assignment is crucial to


minimizing the risk associated with persons in custody. Not only must the

Sergeants be trained, but those who replace them during vacations or

other absences must be trained as well; and

3.4.2 In addition to the training provided by the Department on operating

procedures and philosophy, each Sergeant should be trained to the

Occupational First Aid Level 3 ticket or EMR standards including the

application of the Glasgow Coma Scale.40 These qualifications should be

maintained as long as the Sergeant may be called to duties in the Jail.

Policy, adequate operational training and the above mentioned

qualifications should mitigate the need to hire Nursing staff in the Jail.

3.6 Training of Jail Guards

3.6.1 Initial training of Jail Guards requires improvement and should be to a level

comparable to Jail Guards at Vancouver PD; and

3.6.2 Vic PD implement annual requalification training for all Jail Guards, to

include Use of Force training; and

3.6.3 Jail Guards be required to maintain their Occupational First Aid Level 2

ticket as a condition of employment.

3.7 Physical Checks of Prisoners

3.7.1 Vic PD immediately adopt the use of prisoner forms which are tacked to

cell doors to record prisoner checks and comments. Samples have been

collected from Vancouver PD and provided to Vic PD; and

3.7.2 In the future, when renovations occur in the detention facility, Vic PD

should consider the installation of technology at each cell to assist Guards

in recording prisoner checks.

3.8 Segregation of Female Prisoners and Young Offenders

3.8.1 Vic PD must ensure that the necessary changes are written into Policy.

40

Refer to Appendix “B” of this Report for further details.


3.10 Prisoners with Questionable Consciousness or Medical Issues

3.10.1 Vic PD train Jail staff to provide them with a set of guidelines for assessing

persons who present with medical and / or injury issues; and

3.10.2 Further, Vic PD train front-line Patrol officers to provide them with a set of

guidelines for assessing persons who present with medical and / or injury

issues; and

3.10.3 Vic PD Policy be amended to stipulate that any person arrested should be

assessed by the arresting officer for medical and / or injury issues and

then be assessed again upon arrival at the Vic PD Jail; and

3.10.4 Vic PD establish a relationship with VIHA agencies such as the Sobering

Centre / Detoxification Centre / E.R at the Royal Jubilee Hospital and seek

out a community-based strategy to reduce the number of Hold SIPP‟s

brought to Jail; and

3.10.5 In memory of Kevin John Vigar who was arrested 87 times for public

intoxication, Vic PD undertake a study of the chronic alcoholics who

regularly come to their attention in order to build a business case to

persuade provincial authorities that the provisions contained in section 91

and 92 of the BC Offence Act be authorized for use within this jurisdiction;

and

3.10.6 To further complement work done in response to the Vigar matter, Vic PD

set up a process whereby persons frequently arrested for public

intoxication are flagged for follow-up under sections 91 and 92 of the

Offence Act. Efforts should be made to identify chronic alcoholics and get

them into treatment. Changes to Policy should be added to the Prisoner

Booking Policy in those sections which specifically refer to SIPP arrests.41

3.11 Prisoners Who May Have an Infectious Disease

3.11.1 Vic PD provide training and annual updates to educate Jail staff on how to deal with prisoners who have infectious diseases; and

41

Vic PD Prisoner Booking Policy, sections 3.17 to 3.23.


3.11.2 Cleaning in the Jail must be done diligently.

3.12 Rubberized Flooring

3.12.1 Vic PD upgrade the flooring in defined areas of the Vic PD Jail to a new

generation „cushion‟ flooring.

3.13 Padded Cell

3.13.1 Because of recurring problems with the current padded cell, Vic PD

upgrade the room to a newer generation material durable enough to keep

the padded cell available for use.

3.14 O/C Spray Decontamination

3.14.1 Vic PD standardize their approach to OC Spray decontamination and

further, implement a new tool - a sprayer similar to that used by Peel

Regional Police; and

3.14.2 During the weekly inspections, Vic PD ensure that the sprayer is filled with

fresh water and note that fact on the weekly report.

3.15 Air Quality in the Jail

3.15.1 Vic PD conduct periodic air quality checks in the facility; and

3.15.2 Vic PD examine the possibility of venting the Jail to the exterior of the

building or installing air filters to control the quality of the air in the Jail; and

3.15.3 Vic PD establish partnerships with community service organizations that

would provide clean clothing, outerwear and footwear for distribution to

prisoners in need; and

3.15.4 Vic PD recognize the efforts of staff across the Department who have

been involved in the collection and distribution of clothing to prisoners for

several years.


3.16 Fire Safety Plan and Evacuation Plan

3.16.1 Vic PD plan and hold a Table Top exercise to test the fire and evacuation

plans that are currently in place. Lessons learned from that test should be

used to make any necessary adjustments.

3.17 Exiting the Facility

3.17.1 The procedures in place for the release of prisoners from the facility be

amended as soon as possible. Persons must be escorted to the top of the

ramp. Vehicles entering or leaving the facility should be warned of the

presence of a pedestrian(s) on the ramp by means of a flashing amber

light visible to such traffic; and

3.17.2 Vic PD ensure that details of undercover vehicle are protected from the

view of prisoners leaving the facility.

3.18 Cell Checks for Weapons or Contraband

3.18.1 Vic PD Policy be amended to require that the practice of searching all cells

at the start of each shift and again prior to a prisoner being placed in a cell

be documented. Documentation is required by provincial standard; and

3.18.2 Vic PD amend Policy to formalize the requirement to conduct weekly

inspections by the officer in charge and describe the expectations in detail

as per the example from the Edmonton Police Service. Further, there be a

requirement that these Reports be reviewed and signed off by an

Inspector or equivalent rank.

3.19 Video Cameras

3.19.1 Vic PD continue to use the hand held digital video camera and download

clips containing audio / video to prisoner‟s file where warranted. A high

quality digital video camera has been acquired and is kept in the

Sergeant`s office for such situations. All Sergeants should be trained in its

use; and

3.19.2 Vic PD post warning signs in the Sally Port and Booking area to notify

prisoners that they may be video and audio taped.


3.20 Prisoner Intake Forms

3.20.1 Prisoners be processed one at a time. The Jail Sergeant be present in

each case and a Jail Guard complete and sign the admission Forms. The

Sergeant must be present to assess the prisoner`s condition, validate the

grounds for arrest, be vigilant for Charter of Rights issues and otherwise

ensure that the duty of care of that prisoner is met. Jail Guards should be

responsible for completing an assessment on persons who present with

medical and / or injury issues.

3.21 Family / Lawyers Visiting Prisoners

3.21.1 As identified in the provincial Audit, amendments to Policy are required in

relation to visitors. Visitors must be required to identify themselves and

Policy should provide guidelines on searching visitors. Further, as an

assist to Jail Sergeants, Policy should list circumstances and category of

persons who will be admitted for visits to prisoners. Prisoners should have

the right to refuse visits; and

3.21.2 In addition, the Plexiglas window separating prisoners from visitors be

upgraded to provide a more secure space.

3.22 Physical Checks by Jail Guards of the Same Sex

3.22.1 Vic PD introduce minimum staffing numbers of each gender so that male and female Guards are on duty in the Jail.

3.23 SBOR Reports by Jail Staff

3.23.1 Jail Sergeants and Jail Guards submit SBOR Reports as prescribed by VIC PD Policy; and

3.23.2 Information collected on these SBOR Reports be used to inform the

annual requalification training for Jail staff.


3.24 Prisoners From Other Agencies

3.24.1 Sheriff’s Department

3.24.1.1 Vic PD limit the amount of time they will house prisoners on a

Remand and initiate discussions with provincial authorities to opt out

of the current arrangement totally by December 31, 2012; and

3.24.1.2 Work with Crown Counsel and the Sheriff‟s Department to reduce the

time women are held at the Vic PD Jail on Remand. Prisoners on

Remand should have their matters dealt with in a timely fashion each

day so they can be transported to detention facilities on the mainland.

3.24.2 Neighbouring Police Departments

3.24.2.1 Vic PD initiate discussions with neighbouring police departments to

opt out of the current arrangements with them that permits Vic PD to

house their prisoners. Except in exigent circumstances, Vic PD

should not house prisoners for neighbouring departments after

December 31, 2011; and

3.24.2.2 Vic PD adopt Policy that persons will not be kept longer than 24 hours

and clearly list exceptions, ex: Remands or Immigration.

3.24.3 Immigration

3.24.3.1 Vic PD limit the amount of time they will house prisoners for

Immigration authorities. Except in exigent circumstances, Vic PD

should not house prisoners for periods longer than 24 hours.

3.24.4 Parole Violators

3.24.4.1 Vic PD limit the amount of time they will house prisoners for Parole

authorities. Except in exigent circumstances, Vic PD should not

house prisoners for periods longer than 24 hours.


3.25 Methodology of Processing Prisoners

3.25.1 Vic PD must make every effort to persuade local Crown Counsel to

prosecute Fail to Comply charges in this jurisdiction. There must be

consequences for offenders who do not attend to be photographed and

fingerprinted as required by law; and

3.25.2 Assuming that support from Crown Counsel is received, Vic PD implement

a Field Release program similar to that now in place in Vancouver.

Designated officers will be trained and deployed on each Watch for the

purpose of releasing eligible offenders at the scene. Further, to assist

officers, Vic PD develop guidelines, similar to the Flowchart produced by

Edmonton Police Service; and

3.25.3 Vic Pd test a “Drop and Go” system whereby officers who have made an

arrest deliver their prisoner to the Jail and leave the prisoner and the

necessary paperwork with Jail staff who will then assume responsibility to

fingerprint and photograph the accused; arrange for phone calls and

complete the required paperwork in preparation for the prisoner`s release.

The “Drop and Go” system may require the addition of a Special

Constable on each Watch so it is further recommended that a workload

assessment be conducted to determine the amount of added labour

actually required and the amount of officer time recovered through this

system; and

3.25.4 In future, Vic PD examine the costs and benefits of implementing a

„curbside pick-up system‟ for prisoners, similar to that currently in

operation in Vancouver. Such a system may improve efficiency and

reduce pressures on front-line staff.

3.26 Prisoner Transport

3.26.1 Vic PD replace the Sprinter vans with vans which are better suited to the

task of transporting prisoners.

3.27 Prescription Medications

3.27.1 Vic PD update its Policy on dispensing prescription medications to ensure

that a second person witnesses and verifies that the correct medication

and dosage was administered to the prisoner.


3.28 Prisoner’s Use of the Telephone

3.28.1 Vic PD review their current practice of providing unrestricted, private

access to prisoners who wish to make a telephone call.

3.29 Search Policies

3.29.1 Vic PD should consider amending their Policy Respecting the Security of

Prisoners in Cells to include specific guidelines for members who may

encounter an intersexed person.


4.0 Review of Use of Force by Vic PD

The following Chapter of this Report will outline Observations and Recommendations

stemming from the detailed review of trends in Vic PD Use of Force.

4.1 Introduction

The ability to apply force to another person during the lawful execution of duty is one of

the special rights granted to police officers in Canada. Authority for such use of force is

derived from section 25 of the Criminal Code (Canada).42 That section provides

protections to police officers who are doing what they are required or authorized to do.

They are justified in using as much force as is necessary for that purpose. But that

authorization is not absolute and police officers must be called to account where force is

used. It is in that spirit then that systems are constructed to track the Use of Force by

police officers.

4.2 Limitations

As described in Appendix “A”, Description of the Project, the purpose of the Review of

Use of Force by Vic PD was to Review and Report on current Use of Force trends

within the Department. It was never the intention to examine individual incidents from a

disciplinary perspective. That is properly the responsibility of other statutory processes.

4.3 SBOR Records

Use of Force reports are required to be completed by every Vic PD officer who uses

force in a situation beyond the routine handcuffing of subjects. Officers complete a

Subject Behaviour Officer Response (SBOR) form which is part of the PRIME records

management system.43 Historically, standardization of Use of Force reporting was

proposed in the Oppal Commission Report of 1994.44 Standardized reporting became

required by law with the introduction of a Use of Force Regulation under the Police Act

in BC Regulation 203/98.45 Each officer involved in an incident where Use of Force is

applied is responsible for completing their own report.

42

Cited as the Criminal Code. [R.S.C,.C-34, s.1.] 43

Police Records Information Management Environment (PRIME) is a common police information system used by the RCMP and municipal police departments in BC. BC was the first jurisdiction in Canada to adopt a province-wide records management system which provides on-line access to information about crimes and criminals. For further information, see http://bc.rcmp.ca/ViewPage.action?siteNodeId=57&languageId=1&contentId=242 44

Commission of Inquiry into Policing in BC conducted by Wallace T. Oppal, 1994. 45

Effective July 1, 1998.

http://bc.rcmp.ca/ViewPage.action?siteNodeId=57&languageId=1&contentId=242


Vic PD was one of the first police departments in BC to introduce mandatory,

computerized reporting of Use of Force.46 A form, largely designed by Vic PD is now

included on the PRIME system. As noted in the recent Focused Inspection by the

Police Service Division, there is no conclusive way of determining if all Use of Force

situations were actually reported by the officers involved. In fact, based on information

collected during interviews it is probable that not all SBOR reports which should have

been completed were actually submitted. Vic PD has been working to improve this

situation and a comparison between the numbers examined by Ministry Auditors and

the numbers identified during this review which focused on 2009, there has been a

significant improvement in reporting.

Auditors with Police Service Division (PSD) accessed Vic PD reports to produce their

results for 2007 and 2008. During this Review, Vic PD staff obtained the data studied

by PSD and used the same methodology to replicate the collection process to gather

2009 data. That enabled Vic PD to derive numbers which could be then be compared

against the results for 2007 and 2008. Table 5 compares SBOR data for those years.

Vic PD – Use of Force

(SBOR)

2007 2008 2009

# of SBOR reports 327 313 82247

# of Complaints of Excessive Force

N/A48 5149 19

# of calls for service 43,924 40,941 40,366

Table 5- Use of Force Reports

The number of Use of Force reports for 2009 in no way challenges the findings of PSD

in their Audit of prior years. The dramatic jump in numbers may be a product of

increased reporting. PSD was notified of the findings for 2009.

46

Victoria Police Department Police Act Audit: Focused Inspection & Use of Force Review, March 4, 2010. For further information, see http://www.pssg.gov.bc.ca/police_services/publications/docs/vicpd-audit-report-focused-inspection.pdf 47

Analysis done by Vic PD. Number courtesy of Staff Sergeant Andy Lacon. 48

Not Available. For further information see http://www.opcc.bc.ca/publications/docs/Annual_Report_2007.pdf 49

Source: Office of the Police Complaints Commissioner, 2008 Annual Report. For further information see http://www.opcc.bc.ca/publications/docs/Annual_Report_2008.pdf

http://www.pssg.gov.bc.ca/police_services/publications/docs/vicpd-audit-report-focused-inspection.pdf

http://www.pssg.gov.bc.ca/police_services/publications/docs/vicpd-audit-report-focused-inspection.pdf

http://www.opcc.bc.ca/publications/docs/Annual_Report_2007.pdf

http://www.opcc.bc.ca/publications/docs/Annual_Report_2008.pdf


In order to better understand the results, a request was submitted to the Office of the

Police Complaints Commissioner for the Use of Force complaints (allegations) made in

2009 against Vic PD officers.50 According to available information, there were 19

complaints of excessive force made against Vic PD officers in 2009. Of those, 13

complaints were substantiated through investigation by the Office of the Police

Complaints Commissioner. Another complaint was withdrawn and another was

summarily dismissed by the Commissioner. That left 11 complaints. As of the date of

the Report, June 10, 2010 all but 4 of the complaints generated in 2009 had been

resolved.51

In 2008, a year where there were far fewer Use of Force reports, the Office of the Police

Complaints Commissioner reported receiving 51 complaints involving excessive force

by Vic PD officers. That number was much smaller in the following year.

It is difficult to hypothesize about the dramatic difference in SBOR numbers between

2007 and 2009 so no attempt will be made to draw conclusions from the data. The

importance in all of this lies in the fact that a data set has been collected which will

provide a baseline to compare future results. Work is now underway at Vic PD to

further analyze the 2009 data. As was the case with the PSD Focused Audit, the Use of

Force incidents will be grouped into the following categories:

Physical control – soft

Physical control – hard

Intermediate weapon

Lethal force – display only

Lateral neck restraint

Other

The future analysis of this data by the various categories will provide very useful

information to Vic PD and PSD. Data collection and analysis of incidents involving Use

of Force is important. Therefore, during this Review, close attention was paid to the

processes within Vic PD which supported those activities.

4.4 Methodology

During this Review, it was helpful to have the assistance of the Control Tactics

Coordinator, Constable Mike Niederlinski. Constable Niederlinski is well qualified for

50

The Office of the Police Complaints Commissioner provides impartial civilian oversight of complaints regarding municipal police. They ensure thorough and competent investigations of police complaints. For further information see http://www.opcc.bc.ca/ 51

Complaints Received in 2009 Containing Allegations of Excessive Force by Members of the Victoria Police Department, June 10, 2010. Courtesy of the Office of the Police Complaints Commissioner.

http://www.opcc.bc.ca/


the position. He is an experienced trainer, a martial arts Instructor and is certified by the

Justice Institute of BC (JIBC). He demonstrated himself to be very committed to his role

as Control Tactics Coordinator.

Constable Niederlinski is assigned to the Human Resources section where he is

responsible for a number of duties. Those duties include Recruiting and assisting with

Policy Development. He is also involved in training. That leaves only a small portion of

his time to fulfill the role of Control Tactics Coordinator, a position he has held since

January 2008.

The Review commenced with Constable Niederlinski providing an orientation on

training; including the training officers received on preparing the SBOR reports; the

mechanics of the process in PRIME; and how he completes his review as Control

Tactics Coordinator. From there, a selection of reports was examined, the process of

counting records was reviewed and experts were consulted on the operation of the

PRIME system. In addition, interviews were done with a number of different staff

members regarding the actual submission of SBOR reports. An assessment was done

on the checks and balances in place which ensure reports are submitted when required;

and the sources of various reports on Use of Force were consulted about their role in

reporting to PSD.

Consultations on Use of Force were carried out with other police departments and

policies were collected for comparison purposes. Finally, an assessment was done on

the entire system in order to develop a series of Observations and Recommendations

for presentation to Vic PD.

4.5 Reporting and Counting

As PSD acknowledged in their Focused Audit Report, there is no way of conclusively

determining whether all Use of Force incidents that occurred were actually reported on

an SBOR form.52 Officers complete their reports on the PRIME system. Currently,

officers could choose not to file an SBOR. That may change in the future as will be

discussed shortly.

Checks and balances are provided by supervisors who read and approve all reports

submitted. If there is information contained in the report which indicates that Force had

been used, and no SBOR is attached, the supervisor is supposed to return the report to

the officer who filed it and direct that an SBOR form be completed. If the supervisor

52

Page 247, Victoria Police Department Police Act Audit: Focused Inspection & Use of Force Review, March 4, 2010.


does not make that call, the report will be accepted into the system and no one may

notice the missing SBOR form until the report happens to be retrieved for other reasons.

However, even when SBOR reports have been properly submitted, there is no

guarantee that they will be seen by the Control Tactics Coordinator. At present,

because of the design of the SBOR record, the PRIME system does not provide the

ability to search specifically for those records. The Control Tactics Coordinator must

use a selection of search terms and try and guess what wording officers may have used

in describing their actions during the incident. There is no search tool which returns all

SBOR forms submitted during a given time period.

There have been some discussions within Vic PD to find a solution to this weakness in

the system. A solution has been proposed. That solution would operate as follows:

When an officer commences entering his / her report into PRIME, the system will

ask the officer if there has been Force used during this incident. If the answer is

yes, the officer is presented with an SBOR mask which must be completed

before any other data can be entered. Essentially, the PRIME system will force

the reporting officer into a loop until the SBOR report has been completed. At

that point, the officer can begin to enter additional information. Once the report

has been entered it will be routed to a supervisor for review and approval. This

enhancement to the PRIME system will also provide the ability to search for

SBOR records submitted during a given period.

Issues with the current system manifested themselves during the PSD Inspection. The

numbers of Use of Force applications identified in the Auditors‟ report do not match the

numbers that the Control Tactics Coordinator had gathered. The Auditors identified

more incidents than the Control Tactics Coordinator had been able to retrieve from the

PRIME system. This difference is of particular concern. It is the Control Tactics

Coordinator‟s responsibility to examine Use of Force situations to determine which

tactics are effective, which minimize injuries to officers and subjects and what additional

training would be useful or appropriate. Without the benefit of an overview of all

information available, the job of the Control Tactics Coordinator is made more difficult.

The Control Tactics Coordinator needs a more reliable tool on the PRIME system to

maximize effectiveness. A meeting was arranged with Vic PD staff responsible for the

local maintenance of the PRIME system. Ms. Sandy McKinnon was very responsive

and agreed to try and develop a more comprehensive search tool for use by the Control

Tactics Coordinator.

What is needed in the longer term is a transaction which automatically transmits a copy

of an incident report containing an SBOR record to the attention of the Control Tactics


Coordinator as soon as it is entered into the system. Similar transactions are already a

feature of the PRIME system. While such a solution is possible, the suggestion will

need to work its way through the deliberations of a provincial committee and, if

accepted, be included in a future software update by the system vendor, Versaterm.

Conservatively speaking, it will likely take 18 months to 2 years to have a solution in

place.

In addition, counting of certain categories of Use of Force incidents takes place in the

Executive Office and reports are regularly filed with Police Service Division. This

process could benefit through increased participation of the Control Tactics Coordinator.

If the changes outlined in the following Recommendations are implemented, the task of

counting will be made easier and more exact.

Based on a detailed review of available information and interviews done in conjunction

with an examination of Vic PD Policy, the following Recommendations are made:

4.5.1 Vic PD request the PRIME – BC Regional Users Committee to put

forward amendments to the current methods of collecting SBOR

data to better ensure that information is captured in future; and


forward amendments to the system which will route SBOR forms

collected by the system directly to the attention of the Control


4.6 CEW Program

Vic PD was one of the first police departments in Canada to deploy Conducted Energy

Weapons (CEW).53 Vic PD also played a leading role in research into the technology

and the development of Policy around the use of the weapon. In 2004 the Office of the

Police Complaints Commissioner requested that Vic PD investigate an in-custody death

in Vancouver which had occurred after a CEW deployment. During that investigation,

members of Vic PD were responsible for examining CEW uses across North America, in

particular situations where persons had died. As a result of that work, Vic PD played a

key role in developing provincial training standards for CEW, excited delirium and

restraint training.54

In 2005, all front-line Vic PD officers were trained and certified to use the Taser CEW.

Since then, basic refresher training has been conducted on 2 occasions. However,

since the initial certification, no new basic user training has been offered by Vic PD.

53

The Vic PD program was established in 1998 under the direction of Staff Sergeant Laur. 54

Report of Cst Mike Massine, Conducted Energy Weapon Training Transition Plan, March 2010.


The Justice Institute of BC (JIBC) had included training to certify officers as part of their

Recruit Training program, but that training was discontinued in 2006. Therefore no Vic

PD officer hired since that time is certified to use that weapon.

Vic PD currently has a number of Taser X-26 CEWs available for use in the field.

However, because of the gaps in training, the effect of the death of Robert Dziekanski at

Vancouver Airport and the subsequent Braidwood Inquiry, few of the qualified officers

are carrying the Taser as part of their regular equipment.55

At Vic PD, Constable Mike Massine is assigned the task of CEW Coordinator.

Constable Massine is very well qualified for those duties and demonstrated himself to

be keen, well informed and articulate. He is widely regarded as an expert in the area of

CEW technology and had provided a Presentation to the Commissioner during the

Braidwood Inquiry.56 Constable Massine is a member of the provincial CEW Working

Group which has been set up to update the provincial CEW training protocols.57 At Vic

PD, Constable Massine is assigned to Patrol duties and performs the tasks associated

to the position of CEW Coordinator on a limited, part-time basis.

Constable Massine was interviewed and provided very good background information on

the CEW program at Vic PD. CEWs are available to be signed out by officers who have

been trained on the weapons, to be carried on patrol during routine duties. However,

there is apparently no process in place to ensure the return of the CEWs at the

conclusion of a shift. There have been occasions where CEWs have gone missing and

a search had to be mounted to track down the weapon. There are no controls in place

to ensure that the officer actually checking out the CEW has the necessary

qualifications to use the weapon. It was reported that similar problems have also

arisen from time to time with other equipment.

It is Constable Massine‟s responsibility to ensure the weapons are in good working

order and to periodically download data from the weapons. He would also be

responsible for training and certifying members in the use of the weapons should Vic

PD decide to renew that training program. Although there are no statistics available,

Constable Massine advised that the CEWs are not being taken on patrol as often as

they were prior to the Braidwood Inquiry.

During his Inquiry, Mr. Braidwood identified concerns with the CEW training standards

across the province. It is not necessary, for the purposes of this Report, to repeat those

55

Braidwood Inquiry. Thomas R. Braidwood, Commission of Inquiry. For further information see: http://www.braidwoodinquiry.ca/reports.php 56

Presentation can be found at http://www.braidwoodinquiry.ca/presentations/cst_mike_massine.pdf 57

As recommended by the Braidwood Commission.

http://www.braidwoodinquiry.ca/reports.php

http://www.braidwoodinquiry.ca/presentations/cst_mike_massine.pdf


findings here. Details are available in Part 5 of the Braidwood Report.58 However, the

Conclusions are certainly relevant. Mr. Braidwood found that,

“...there is a troubling lack of consistency in the provincial law enforcement agencies‟ policies respecting conducted energy weapon use. This has occurred, in my view, because of a lack of leadership at the provincial level in developing provincewide standards for all aspects of conducted energy weapon use, with the result that each agency has had to develop its own policy.”59

In July 2009, the then Solicitor General for BC, Kash Heed, moved swiftly on the Recommendations of Mr. Justice Braidwood and directed that all police officers in B.C. restrict the use of conducted energy weapons. The government also announced plans to, “Significantly raise the threshold for use of a CEW to match Justice Braidwood‟s

recommendations”.60

Correcting the deficiencies is the responsibility of the province and the Provincial CEW Working Group has been convened to assist with that work. The Working Group met a number of times in March, April and May 2010. It is not known when new provincial Regulations will be announced. In the interim, Vic PD should evaluate the effectiveness of their current CEW program and the risks created by the current state of training. Constable Massine has submitted a proposal to update Vic PD‟s training and deployment strategy for these weapons. However, implementation will likely depend on decisions yet to be made at the provincial level about the future of CEW use.

Based on a careful review of available information, the Braidwood Inquiry Report and

interviews done in conjunction with an examination of Vic PD Policy, the following

Recommendations are made:

4.6.1 Vic PD undertake an evaluation of the effectiveness of their current

CEW program given the state of training of members; and

4.6.2 Subject to the dictates of the Regulations forthcoming from the

Ministry on CEW use, Vic PD identify a core group of officers who

58

British Columbia Police Departments‟ Policies on Conducted Energy Weapon Use. For further information see: http://www.braidwoodinquiry.ca/report/P1_pdf/05-PoliciesOnCEWUse.pdf 59

Page 116, British Columbia Police Departments‟ Policies on Conducted Energy Weapon Use. Braidwood Inquiry Report Part 5. June 2009. 60 Province Takes Immediate Action on Taser Report, Ministry of Public Safety and Solicitor General, July 23, 2009. For further information see: http://www.llbc.leg.bc.ca/public/pubdocs/bcdocs/459003/2009pssg0005_000145.pd

http://www.braidwoodinquiry.ca/report/P1_pdf/05-PoliciesOnCEWUse.pdf

http://www.llbc.leg.bc.ca/public/pubdocs/bcdocs/459003/2009pssg0005_000145.pd


will be trained and certified as operators and who will carry the

weapon in support of front-line operations, as per the CEW Training

Transition Plan submitted by Constable Mike Massine; and

4.6.3 Vic PD establish a regular schedule for downloading data from the

X-26 CEWs currently in service and the information downloaded

should be analyzed; and

4.6.4 Vic PD develop a strategy to control the issuance and return of

weapons and equipment. This could be the responsibility of a

clerk.

4.7 Training and the Role of the Control Tactics Coordinator

Each year Vic PD provides 16 hours of training which is dedicated to firearms and Use

of Force. This training is split into 2 sessions, one in the Spring and the second in the

Fall of the year. Shooting is done at an outdoor Range approved for that purpose. The

focus is on skills rather than requalification. All members, including the Chief Constable

participate in that program.

The Use of Force training is „reality-based‟, that is, the scenarios are drawn from Use of

Force reports that come to the attention of the Control Tactics Coordinator. Officers are

inserted into a scenario and, at the conclusion, must explain their response. These

scenarios are a useful training tool.

Other training is provided to officers through the periodic use of video, Roll-Call training

and in briefing notes circulated by e-mail.

In the context of Vic PD‟s ability to invest in the training of its members, it is important

that training should be informed by officers‟ experience in the field. With that in mind,

Constable Niederlinski, as the Control Tactics Coordinator, examines SBOR reports to

determine the following:

What techniques worked well

What techniques didn‟t work so well

What techniques reduced injuries to officers and subjects

He also reviews SBOR reports to identify officers who may require additional training

and to identify trends in the Use of Force. It is important that Vic PD continue to invest

in the training provided to members. Not only is it necessary to count and analyze


SBOR data for management and oversight purposes, but there are direct operational

benefits derived in the form of improved and relevant training.

As demonstrated through the PSD Focused Inspection, there is a great deal of analysis

possible from the review of SBOR data. Information can be drawn from the data to

assess performance, training or even management issues that need to be addressed.

Other police departments have created a Job Description for the position of Coordinator

(Analyst) to specify what they hope to achieve through the review and analysis of Use of

Force reports.61 A Recommendation is included which outlines some of the duties

related to analysis and reporting.

In addition, analysis of more than just the nature of Force used could prove beneficial to

the Department. SBOR reports could also be a rich source of data for analysis around

other workload issues. For example, analysis of the time of day, the staffing situation

and workload issues of the moment could provide insight into the pressures of front-line

policing.

It was reported during a review of another police agency of comparable size, that

staffing shortages have left front-line officers feeling great pressure to resolve matters

as quickly as possible because there are other officers who need back-up or calls in the

queue that must be answered. In these circumstances, instead of continuing to try and

talk a subject into complying, they take steps to end the situation quickly, sometimes

resorting to Force earlier than they may have otherwise done. In these circumstances,

it is not that Force was not justified, rather it may not have been required at all if the

officer had more time to spend dealing with the individual. In situations such as this,

SBOR data cross-referenced to other operational indicators may provide useful

information in examining trends in policing.

Given the number of SBOR reports submitted in 2009 and the expectations that the

SBOR data be analyzed for various purposes, the workload of the Control Tactics

Coordinator is increasing. However, the Coordinator‟s duties comprise only a small part

of the defined position.

In addition, given the volume and the availability of receiving the data in electronic

format, the Coordinator needs access to a system where the SBOR data can be

downloaded and analyzed. Vic PD is already acquainted with the technology and

software used to conduct such analysis, it should be a matter of procurement and

training to meet this need.


61

For example, Page 11, Ottawa Police Service Policy 6.07, Use of Force.


4.7.1 Vic PD conduct periodic audits of the SBOR reports to ensure

compliance with Departmental Policy and Ministry Directives; and

4.7.2 Vic PD review the time and resources allocated to the role of the

Control Tactics Coordinator. Given the frequency that Force is

used by the Department, the expectation of the Coordinator to

count, review and analyze SBOR reports and develop informed and

effective training is too large to be done “off the corner of a desk”.

It may be appropriate to allocate additional time and resourcing to

the Coordinator‟s position; and

4.7.3 Vic PD include the following elements in the Job Description of the

Control Tactics Coordinator:

i. review all Use of Force Reports to identify training issues;

ii. follow-up on any concerns identified by an officer‟s supervisor;

iii. identify any training issues for review and possible further action;

iv. maintain a record of all Use of Force incidents adhering to

confidentiality and Retention Schedules, for use internally;

v. prepare monthly summaries of all Use of Force incidents for the

Office of the Chief Constable;

vi. prepare and forward the required Use of Force Statistical Reports

to the Police Service Division as required/requested;

vii. no later than March 31st in every calendar year, produce a Report,

including analysis of Use of Force trends for the Department, which

does not contain data that identifies the officers involved; and

viii. according to the Departmental Retention Schedule, maintain an

electronic database of Use of Force data from all SBOR reports.

4.7.4 Vic PD ensure that the Control Tactics Coordinator has access to a

computer system which can receive downloads of SBOR data from

the PRIME system; and

4.7.5 Vic PD conduct annual reviews to ensure that the data collected

through the SBOR forms is meeting the information needs of the

Department.


4.8 Key Role of Supervisors

As in many other areas in policing, supervisors play a key role in Vic PD‟s ability to

manage and assess the application of Force by its members. They are responsible to

provide members with advice and guidance. Supervisors are well positioned to identify

training or performance issues. They are also well positioned to help Vic PD manage

the legal risks associated to the police workplace.

Supervisors are responsible for reviewing the reports submitted by officers under their

command. In the case of reports where Force was used by officer(s), supervisors must

ensure that an SBOR report has been completed. There are currently few other means

to ensure compliance with both Departmental and Ministry Directives on the submission

of Use of Force reports.

SBOR information is important and time sensitive. To meet the needs of the

Department, in cases where officers are unable, due to injury or illness, to file an SBOR

form with the incident report, the supervisor should collect as much information as

possible and submit the details to the Inspector in charge as soon as possible.

At the same time, supervisors should examine the notes made by officers who have

been involved in a Use of Force situation to ensure those notes provide enough detail to

justify their actions.


4.8.1 Supervisors responsible for reviewing reports must ensure that

SBOR reports are included where applicable as required by Vic PD

Policy; and

4.8.2 Supervisors inspect notebooks or, where notes are included as part

of the Occurrence Report, the Report, to ensure officers have made

notes to justify the level of Force used; and

4.8.3 In cases where officers are unable, due to injury or illness, to file an

SBOR form with the incident report, the supervisor should collect as

much information as possible and submit the details to the

Inspector in charge; and

4.8.4 Jail Sergeants and Jail Guards be reminded that use of force

beyond mere handcuffing, even in the Jail, requires an SBOR

report.

4.9 Reasonable Officer Response

During this review, Policies and documents were collected from other police

departments and examined for possible application in Victoria. Information received


and subsequent discussions with staff at the Edmonton Police Service identified an

innovative new approach to accountability in the application of Force. Edmonton‟s

Reasonable Officer Response framework represents a meaningful change to how police

departments have responded to Use of Force issues in the past.62 Reasonable Officer

Response is a key component of Edmonton‟s „Professionalism in Policing‟ philosophy

which has been under development for several years. As Edmonton has identified,

what was once regarded as “reasonable” by courts and the community may no longer

be viewed as being “reasonable”. To that end, Edmonton Police Service has been

developing a framework which explains Use of Force in terms of objective

reasonableness. The explanation, in plain language, is intended to place the observer

in the shoes of the officer as he / she deals with an incident.

After reviewing a set a materials supplied by the Edmonton Police Service, a follow-up

discussion was held with one of the officers responsible for the development of the

Reasonable Officer Response framework. The work invested in the program is

impressive. It could change the way in which the public understands the professional

application of Force. The Province of Alberta is currently adopting the framework as its

provincial standard.

In light of some of the well publicized incidents in Victoria, the concept may provide Vic

PD with an opportunity to connect with the community so the community better

understands why officers take the actions they do when faced with a situation requiring

the application of Force.


4.9.1 Vic PD examine the Reasonable Officer Response framework to

determine if such a program is suitable for use in Victoria.

4.10 Integrated Police Data Management Application

In 2009, Vic PD acquired a software package from Systemtek Consulting which has

become known as the Vic PD Integrated Police Data Management Application

(IPDMA).63 There are currently 17 modules available for use within IPDMA designed to

help track various aspects of human resource management. Modules also include an

early intervention tracking system which integrates information from Personnel with

Professional Standards.

62

Information on the Reasonable Officer Response framework has been provided to Vic PD. 63

Refer to Systemtek Consulting Response to Request for Proposal, March 26, 2009.


IPDMA is designed to accept records pertaining to officer training, including firearms

and Use of Force training. It could also be used to track performance issues and

enable early intervention.


4.10.1 Vic PD use the IPDMA to record details relating to firearms and

Use of Force training received by officers.

4.11 Annual Reporting of Use of Force Statistics

In some other jurisdictions, the Chief Constable files a report with the Police Board

providing a Summary of Use of Force applications by officers. Just as annual reports

are filed on the number of arrests, the number of calls for service and the number of

tickets issued, reports include Use of Force and Complaints statistics.

For example, the Ottawa Police Service Use of Force Policy stipulates that the annual

Use of Force Report be reviewed by the Chief and the Police Services Board.64 The

Policy also requires that the annual Use of Force Report be made available to the

community.


4.11.1 Vic PD include a Summary of Use of Force applications in their

annual Report to the Police Board and make that information

available to the community.

4.12 Policy Updates

The current Vic PD Policy on Use of Force was examined as part of this study and

comparisons were made to Policies of other police departments. The Vic PD Policy is

generally well-developed and clear.

Policies from other agencies included guidelines around the use of “Weapons of

Opportunity” by officers.65 “Weapons of Opportunity” could include anything handy at

the time, such as a flashlight, portable radio, pen, etc. In cases where officers find

themselves in situations where none of the approved use of force options is available or

appropriate to defend themselves or members of the public the officer may need to

64

Ottawa Police Service Policy 6.07 – Use of Force. 65

For example: Barrie Police Service, Procedure #56- Use of Force, section 7.0, Weapons of Opportunity.


resort to other weapons to protect against loss of life or serious bodily harm. In those

cases, officers are guided by their training and good Policy.


4.12.1 Vic PD amend Policy OH20. Use of Force to specifically include a

section on Weapons of Opportunity.

4.13 Research Partnerships

Victoria is fortunate to be home to Universities of significant renown. As has occurred in

other cities, Vic PD should explore the possibility of establishing a Research Partnership

with one or both local Universities.

At the University of Victoria, the Faculty of Human and Social Development focuses on

the health and social well-being of children, families and communities.66 They promote

their programs as being responsive to community needs. UVic also markets their

faculty as having demonstrated expertise in areas aimed at improving society together

with partners in government. UVic are academic leaders in community-based research.

Royal Roads University is no stranger to studies in policing. The University offers

programs in Leadership and presents students the opportunity to focus on “real world

problem-solving projects grounded in a rigorous theoretical understanding of the

nature of today‟s organizations and the changing role of leadership within them.”67

Both Universities have programs which could benefit from the opportunity to

conduct research on issues such as Use of Force. Vic PD, with its ability to gather

data, would provide an ideal laboratory to facilitate research which could benefit not

only the Universities and post-graduate students, but Vic PD as well.

Recommendation 3.10.5 calls on Vic PD to undertake a study of the chronic

alcoholics who regularly come to the attention of officers in order to build a business

case to persuade provincial authorities to modify an existing Regulation that would

help get these individuals into treatment programs. Either University has the

capacity and expertise to assist in such a study.


4.13.1 Vic PD establish a Research Partnership with one or both local

Universities.

66

For further information see: http://www.hsd.uvic.ca/ 67

Refer to Royal Roads University website at http://www.royalroads.ca/program/leadership-ma

http://www.hsd.uvic.ca/

http://www.royalroads.ca/program/leadership-ma


4.14 Schedule of Recommendations – Use of Force

The following Schedule of the 20 Recommendations that pertain to Use of Force has

been compiled for easy reference.

4.5 Reporting and Counting


forward amendments to the current methods of collecting SBOR

data to better ensure that information is captured in future; and


forward amendments to the system which will route SBOR forms

collected by the system directly to the attention of the Control


4.6 CEW Program

4.6.1 Vic PD undertake an evaluation of the effectiveness of their current

CEW program given the state of training of members; and

4.6.2 Subject to the dictates of the Regulations forthcoming from the

Ministry on CEW use, Vic PD identify a core group of officers who

will be trained and certified as operators and who will carry the

weapon in support of front-line operations, as per the CEW Training

Transition Plan submitted by Constable Mike Massine; and

4.6.3 Vic PD establish a regular schedule for downloading data from the

X-26 CEWs currently in service and the information downloaded

should be analyzed; and

4.6.4 Vic PD develop a strategy to control the issuance and return of

weapons and equipment. This could be the responsibility of a

clerk.


4.7 Training and the Role of the Control Tactics Coordinator

4.7.1 Vic PD conduct periodic audits of the SBOR reports to ensure

compliance with Departmental Policy and Ministry Directives; and

4.7.2 Vic PD review the time and resources allocated to the role of the

Control Tactics Coordinator. Given the frequency that Force is

used by the Department, the expectation of the Coordinator to

count, review and analyze SBOR reports and develop informed and

effective training is to large to be done “off the corner of a desk”. It

may be appropriate to allocate additional time and resourcing to the

Coordinator‟s position; and

4.7.3 Vic PD include the following elements in the Job Description of the

Control Tactics Coordinator:

i. review all Use of Force Reports to identify training issues;

ii. follow-up on any concerns identified by an officer‟s supervisor;

iii. identify any training issues for review and possible further action;

iv. maintain a record of all Use of Force incidents adhering to

confidentiality and Retention Schedules, for use internally;

v. prepare monthly summaries of all Use of Force incidents for the

Office of the Chief Constable;

vi. prepare and forward the required Use of Force Statistical Reports

to the Police Service Division as required/requested;

vii. no later than March 31st in every calendar year, produce a Report,

including analysis of Use of Force trends for the Department, which

does not contain data that identifies the officers involved; and

viii. according to the Departmental Retention Schedule, maintain an

electronic database of Use of Force data from all SBOR reports.

4.7.4 Vic PD ensure that the Control Tactics Coordinator has access to a

computer system which can receive downloads of SBOR data from

the PRIME system; and


4.7.5 Vic PD conduct annual reviews to ensure that the data collected

through the SBOR forms is meeting the information needs of the

Department.

4.8 Key Role of Supervisors

4.8.1 Supervisors responsible for reviewing reports must ensure that

SBOR reports are included where applicable as required by Vic PD

Policy; and

4.8.2 Supervisors inspect notebooks or, where notes are included as part

of the Occurrence Report, the Report, to ensure officers have made

notes to justify the level of Force used; and

4.8.3 In cases where officers are unable, due to injury or illness, to file an

SBOR form with the incident report, the supervisor should collect as

much information as possible and submit the details to the

Inspector in charge; and

4.8.4 Jail Sergeants and Jail Guards be reminded that use of force

beyond mere handcuffing, even in the Jail, requires an SBOR

report.

4.9 Reasonable Officer Response

4.9.1 Vic PD examine the Reasonable Officer Response framework to

determine if such a program is suitable for use in Victoria.

4.10 Integrated Police Data Management Application

4.10.1Vic PD use the IPDMA to record details relating to firearms and Use

of Force training received by officers.


4.11 Annual Reporting of Use of Force Statistics

4.11.1 Vic PD include a Summary of Use of Force applications in their

annual Report to the Police Board and make that information

available to the community.

4.12 Policy Updates

4.12.1 Vic PD amend Policy OH20. Use of Force to specifically include a

section on Weapons of Opportunity.

4.13 Research Partnerships

4.13.1 Vic PD establish a Research Partnership with one or both local

Universities.

5.0 Summary

This Review has resulted in 80 Recommendations; however that number should not be

the source of any undue concern by the Victoria Police Board or the community served

by Vic PD. Many of these Recommendations are the product of discussions with

members who were fully engaged in this exercise and wanted to contribute to the

continued development of Vic PD as a learning organization.

From the start, officers and civilian members of Vic PD were warm and welcoming.

Given the fact that an outsider was coming into the organization to examine two areas

of the Department which had garnered so much media attention, that greeting was a

welcome surprise and set the stage for some very good conversations. The Board and

the community should be assured that Vic PD is staffed by professionals who care

about their work, their community and their organization. They were, to a person, proud

of Vic PD and rightfully so.

During the review, ideas were developed and solutions were discussed. To their credit,

staff began working to implement some of these new ideas without waiting for the

Report to be received. That willingness to open one‟s self to scrutiny and be eager to

adopt new ways of doing business is the hallmark of a learning organization.


6.0 Acknowledgements

At the outset, Chief Constable Jamie Graham identified Staff Sergeant Andrew Lacon

as the liaison officer responsible for looking after the needs of the Consultant. Staff

Sergeant Lacon went well out of his way to arrange meetings, identify subject matter

experts within Vic PD and elsewhere and collecting reports, statistics, past studies and

Policies. He is a knowledgeable and experienced officer and a wonderful ambassador

of Vic PD.

A number of outside police agencies provided documents, copies of Policies and

access to individual members who were their subject matter experts. The following

organizations are recognized for their contribution to this Review.

Barrie Police Service – Kirsty Chubb, Planner / Researcher

Burnaby RCMP Detachment – Inspector Walt Sutherland

Edmonton Police Service – Inspector Phil Bailey and

Sergeant David B. DeMarco

Ottawa Police Service – Sergeant Lori Bustard

Peel Regional Police Service – Inspector Lee Weare

Vancouver Police Department – A/Inspector Jim McCardell

In addition, this Review would not have been possible without the assistance of Tom

Slinger, a retired Inspector from the Peel Regional Police Service. His experience and

insights proved to be invaluable.

Original signed by

Vince Bevan

Oceanside Strategic Solutions Inc.


Appendix “A”

Description of the Project

1.1 The Victoria Police Board wishes to conduct a review of procedures and Policies related to the operation of the Vic PD Jail; review current Use of Force trends within the Department and respond to the Police Act Audit: Focused Inspection & Use of Force Review as dated March 4, 2010 as prescribed.

1.2 The Project will include five phases: 1.2.1 Phase 1 – Collect data, conduct interviews & research to identify the current state; 1.2.2 Phase 2 – Assist staff with preparation of the required response to the Assistant Deputy Minister, Policing and Community Safety, Ministry of Public Safety and Solicitor General; 1.2.3 Phase 3 – Analysis of current state and compare against best practices from other respected police departments; 1.2.4 Phase 4 – Identify trends, recommend any adjustments to Policy and Procedures; identify any training issues and recommendations; identify any changes to equipment; 1.2.5 Phase 5 – Final Report with separate presentations to Vic PD Executive and the Victoria Police Board. 2.0 CONSULTANT SERVICES 2.1 The Consultant will: 2.1.1 Participate with Mayor Fortin and Chief Constable Graham in a Public Announcement of the Project; 2.1.2 Review the Police Act Audit: Focused Inspection & Use of Force Review and assist Vic PD in preparing the required response; 2.1.3 Conduct interviews with a sample of members of the Victoria Police Department, conduct an analysis of the Vic PD reported use of force data for 2009 and the 2009 Vic PD complaints data. 2.1.4 Conduct a physical review of the jail facility; 2.1.5 Examine existing service level agreements relating to the use of Vic PD services and jail facilities; 2.1.6 Examine 2009 front-line workload data and staffing reports; 2.1.7 Identify existing best practices where appropriate that may form the basis of recommendations to Vic PD; 2.1.8 Identify trends, recommend any adjustments to Policy and Procedures, identify any training issues and recommendations, and identify any changes to equipment; 2.1.9 Provide an Outline to Chief Graham and follow-up with a presentation to the Executive of Vic PD; 2.1.10 Collect feedback from Vic PD; and


2.1.11 Prepare a Final Report and make a presentation to the Victoria Police Board. 3.0 Work Plan and Timelines Upon execution of the Contract, the consultant will: 3.1 Within 5 days, 3.1.1 Meet with key staff to define and organize the production of required data,

identify and organize interviews with staff; 3.1.2 Meet with President of the police officers‟ Union; 3.1.3 Examine existing Policies on Use of Force and Jail operations; 3.1.4 Attend a media conference with Chief Graham and Mayor Fortin; and 3.1.5 Conduct a physical inspection of the jail facility.

3.2 Within 15 days, 3.2.1 Review the Police Act Audit: Focused Inspection & Use of Force Review; 3.2.2 Meet with Inspector Ing to assist with the preparation of the response to

the Assistant Deputy Minister, Policing and Community Safety, Ministry of Public Safety and Solicitor General;

3.2.3 Conduct interviews with a sample of members of the Victoria Police Department; and

3.2.4 Examine service level agreements with outside agencies on use of the jail facility.

3.3 Within 30 days, 3.3.1 Receive data and Reports on use of force data for 2009 and the 2009 Vic

PD complaints data; and 2009 front-line workload data and staffing reports;

3.3.2 Collect and review Best Practices from other respected Police Departments;

3.4 Within 45 days, 3.4.1 Develop applicable Observations and review them with members of Vic

PD to test fit; and 3.4.2 Develop Recommendations.

3.5 Within 60 days, 3.5.1 Present Findings to Vic PD Executive; and 3.5.2 Schedule a presentation for the Board to be received at a time convenient

to the Victoria Police Board.


Appendix “B”

Occupational First Aid Level 3

Occupational First Aid Level 3 certification is received after the successful

completion of a 70-hour first aid course. The course covers the basics of airway,

breathing and circulation - includes how to deal with obstructed airways, breathing

distress, bleeding control, Shock and one and two person CPR. The course also

covers patient assessment, hard collar application, securing a patient to a spine

board, upper and lower limb splinting, care for minor wounds and poisons.

Course fees are approximately $700 including textbooks and Examinations. A

certificate valid for 3 years is issued on successful completion.

Emergency Medical Responder - EMR

The EMR course is 16 days in duration and is designed to provide participants with the basic knowledge and skills to be able to manage any medical and trauma related emergency. The cost is approximately $735 including textbooks and Examinations. EMR Training will enable the candidate to:

Perform a standardized patient assessment

Conduct a scene assessment Assess and manage life-

threatening traumatic emergencies Assess and manage life-

threatening medical emergencies

Assess patient vital signs Monitor patient blood pressure and

pulse oximetry

Conduct a secondary assessment consisting of a physical examination, medical history, and vital signs

Conduct chest auscultation Administer CPR according to the

Heart and Stroke Foundation of Canada

Perform basic wound and fracture management including the application of a Sager Splint

Maintain airways and ventilation using Pocket Mask and Bag-Valve-Mask devices

Meet all Occupational First Aid Level III requirements

Conduct lifting, loading, extrication, and transportation of patients

Perform spinal immobilization and cervical immobilization

Perform emergency childbirth Perform oropharyngeal airway

suctioning

Perform oxygen administration Perform Automated External

Defibrillation (AED)

Maintain intravenous lines Administer the following oral,

sublingual, or inhaled medications: Nitroglycerin Glucogel

Nitrous Oxide (Entonox)

68

68

For further information on EMR Training see: http://www.firstaidforbc.com/emergency_medical_responder.php

http://www.firstaidforbc.com/emergency_medical_responder.php

http://www.firstaidforbc.com/emergency_medical_responder.php

Glasgow Coma Scale

The Glasgow Coma Scale is a neurological scale designed to provide a reliable,

objective way of recording the conscious state of a person for initial as well as

subsequent assessment. It is widely used and relatively simple to apply.

http://en.wikipedia.org/wiki/Neurology

http://en.wikipedia.org/wiki/Scale_(ratio)

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