High Ranking Police Folk Allegedly Behaving Badly

[Jarnhamar]

If grabbing someone and throwing them to the ground is not a use of force...

I did a bit of reading of Ontario Regulation 926 and O. Reg. 532/22. It appears that a UoF report isn't required if there are no injuries, basically.
RCMP, OPP, and OPS. all follow that policy.

However, unless I'm mistaken, the UoF report must also be filed when physical force is used that could reasonably be expected to cause injury, even if no injury is reported.

Throwing a handcuffed youth to the floor, even without injury, exceeds soft physical control and would fall under hard physical control, or even assaultive behavior by the officer. If the kid landed wrong he could have broke his neck.

Additionally the youth is in a mental health crisis and has a disability which should raise the threshold for appropriate and proportional use of force.

In this case I think a UoF report would be mandatory because:

-serious physical force was used
-it could reasonably be expected to cause injury
-the subject was handcuffed and not actively threatening anyone
-the subject was a youth*
-the subject was in a mental health crisis and has a disability

*filing a UoF report isn't required simply due to someone being a youth however it's highly recommended by the Ontario Human Rights Commission and many police forces adopt it as a best practice.

 

[dapaterson]

I did a bit of reading of Ontario Regulation 926 and O. Reg. 532/22. It appears that a UoF report isn't required if there are no injuries, basically.
RCMP, OPP, and OPS. all follow that policy.

However, unless I'm mistaken, the UoF report must also be filed when physical force is used that could reasonably be expected to cause injury, even if no injury is reported.

Throwing a handcuffed youth to the floor, even without injury, exceeds soft physical control and would fall under hard physical control, or even assaultive behavior by the officer. If the kid landed wrong he could have broke his neck.

Additionally the youth is in a mental health crisis and has a disability which should raise the threshold for appropriate and proportional use of force.

In this case I think a UoF report would be mandatory because:

-serious physical force was used
-it could reasonably be expected to cause injury
-the subject was handcuffed and not actively threatening anyone
-the subject was a youth*
-the subject was in a mental health crisis and has a disability

*filing a UoF report isn't required simply due to someone being a youth however it's highly recommended by the Ontario Human Rights Commission and many police forces adopt it as a best practice.

Thanks for the detailed research and read-in.

 

[CBH99]

Senior citizens are not always innocent. Maybe she pissed off the wrong person.

The rise of the geriatric criminal

Aging populations and poverty appear to be contributing to a surge in crime by the elderly

www.cbsnews.com

Inside grandma Joanne Segovia’s ‘Breaking Bad’-style double life of ‘drug-dealing,’ hoodwinking her police union co-workers

“They didn’t need any money,” said a stunned relative of accused drug dealer Joanne Segovia — a granny who worked for the police union — and her husband. “They both had made really good money and d…

nypost.com

Cocaine-dealing YK grandma: drugs have ‘cost me so much’

At a hearing, 52-year-old Serenus Bryan said her addiction to drugs – and a series of related convictions – had profoundly damaged her life and family.

cabinradio.ca

I have no doubt that as the population ages, there will be more & more 'senior criminals'...

Until there is some sort of information that suggests this lady was secretly a criminal or was hanging with the criminal element, I'm going to assume the guy who stabbed her while she was unloading groceries & ran off is just a special kind of lowly shitbag.

 

[Fishbone Jones]

Who walks up to a senior citizen unloading groceries & just stabs them to death for no reason? Special place in hell for people like that...

That was most likely someone's grandma RIP

Gang initiation?

 

[lenaitch]

I did a bit of reading of Ontario Regulation 926 and O. Reg. 532/22. It appears that a UoF report isn't required if there are no injuries, basically.
RCMP, OPP, and OPS. all follow that policy.

However, unless I'm mistaken, the UoF report must also be filed when physical force is used that could reasonably be expected to cause injury, even if no injury is reported.

Throwing a handcuffed youth to the floor, even without injury, exceeds soft physical control and would fall under hard physical control, or even assaultive behavior by the officer. If the kid landed wrong he could have broke his neck.

Additionally the youth is in a mental health crisis and has a disability which should raise the threshold for appropriate and proportional use of force.

In this case I think a UoF report would be mandatory because:

-serious physical force was used
-it could reasonably be expected to cause injury
-the subject was handcuffed and not actively threatening anyone
-the subject was a youth*
-the subject was in a mental health crisis and has a disability

*filing a UoF report isn't required simply due to someone being a youth however it's highly recommended by the Ontario Human Rights Commission and many police forces adopt it as a best practice.

With respect, you are reading a lot into the Regulation that isn't there.

e-Laws | Ontario.ca

www.ontario.ca

What the Human Rights Commission wants is largely irrelevant. People may wish things are a certain way, or should be a certain way, but they often aren't.

If the RCMP in Ontario follow Regulations under the Ontario Community Safety and Policing Services Act they are doing so as a matter of internal policy. They are not subject to the Act. Neither are they subject to the Special Investigations Unit Act.

I have no doubt that as the population ages, there will be more & more 'senior criminals'...

Until there is some sort of information that suggests this lady was secretly a criminal or was hanging with the criminal element, I'm going to assume the guy who stabbed her while she was unloading groceries & ran off is just a special kind of lowly shitbag.

Random acts of violence are not unknown. I'm guessing either a mental illness or drug addiction.

 

[Jarnhamar]

With respect, you are reading a lot into the Regulation that isn't there.

The agreed statement of facts say:

The report notes Khan “failed to submit” a general occurrence report or an Investigative Action detailing his use of force on the child.

Someone in a relative position of authority thinks he should have submitted a use of force report.

What the Human Rights Commission wants is largely irrelevant.

Submitting a UoF report when children are handcuffed, let alone physically assaulted while handcuffed, isn't a bad thing.

 

[brihard]

The agreed statement of facts say:



Someone in a relative position of authority thinks he should have submitted a use of force report.


Submitting a UoF report when children are handcuffed, let alone physically assaulted while handcuffed, isn't a bad thing.

Neither of those is a use of force report specific to articulating the degree of force used and why. Both terms just describe a generic officer’s report / actions on a file. Ontario has a specific use of force report template for municipal or provincial police (not RCMP, MPs, railroad cops or other federal law enforcement).

Gang initiation?

You’re probably closer than any of the rest of us. Looks like a parking theory is robbery gone wrong. Police have taken the rare step of getting the court’s permission to name a 14 year old wanted for murder. Here’s a news article; I won’t paste it into here because in a week that exemption to the prohibition on publishing the youth suspect’s identity will expire.

Police hunt for 14-year-old murder suspect accused of stabbing 71-year-old woman - Toronto | Globalnews.ca

On Friday afternoon, police announced they were searching for a 14-year-old boy wanted for the second-degree murder of Shahnaz Pestonji the day before.

globalnews.ca

 

[Jarnhamar]

Neither of those is a use of force report specific to articulating the degree of force used and why. Both terms just describe a generic officer’s report / actions on a file. Ontario has a specific use of force report template for municipal or provincial police (not RCMP, MPs, railroad cops or other federal law enforcement).

Okay I'll concede. What kind of report would you use to report criminally assaulting a disabled, restrained child?

 

[lenaitch]

Someone in a relative position of authority thinks he should have submitted a use of force report.

Brihard beat me to it. Failing to submit a general occurrence/incident report or any other service-mandated report surrounding an interaction with the public is pretty basic stuff.

I'm not defending what the OPS member did or didn't do, but if the system wants certain reports under certain circumstances, and wants to sanction police officers for failing to do so, then the system had better prescriptively articulate those circumstances. A post-facto subjective 'he should have' doesn't cut it. The system has increasingly restricted the scope of police discretion, particularly when it is exercised in a way it oesn't like. Somewhat surprisingly, courts tend to have a better view of this than services and oversight bodies.

 

[brihard]

Okay I'll concede. What kind of report would you use to report criminally assaulting a disabled, restrained child?

If the officer uses force that falls short of any of the statutory or regular thresholds (either type of force or resultant injury) for a specific templated form, they would still be expected and required to promptly and truthfully document their actions in their own narrative report on the file, and in their written notes. Similarly, any officer on scene witnessing someone else’s inappropriate use of force that might contravene their service’s conduct standards will generally be obligated to report that.

Obviously I can’t speak to the specific notes/report policies of every police service but I expect what I’ve said generalizes well.