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					                               2010
Review of Vic PD Jail and Use of Force Trends




                               Vince Bevan
                               Oceanside Strategic Solutions Inc.
                               1/1/2010-08-30
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


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  3.18       Cell Checks for Weapons or Contraband...................................................... 34
  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 ....................................... 43
  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.................................................................... 57
  4.1     Introduction ...................................................................................................... 57
  4.2     Limitations ........................................................................................................ 57
  4.3     SBOR Records................................................................................................. 57
  4.4     Methodology..................................................................................................... 59
  4.5     Reporting and Counting ................................................................................... 60
  4.6     CEW Program .................................................................................................. 62
  4.7     Training and the Role of the Control Tactics Coordinator ................................ 65
  4.8     Key Role of Supervisors ................................................................................... 68
  4.9     A Change of Philosophy – Reasonable Officer Response ............................... 68
  4.10       Integrated Police Data Management Application .......................................... 69
  4.11       Annual Reporting of Use of Force Statistics ................................................. 70
  4.12       Policy Updates .............................................................................................. 70


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   4.13        Research Partnerships ................................................................................. 71
   4.14        Schedule of Recommendations – Use of Force ....................................... 72
   5.0      Summary .......................................................................................................... 75
6.0      Acknowledgements ............................................................................................. 76
Appendix “A” ................................................................................................................. 77
   Description of the Project ........................................................................................... 77
Appendix “B” ................................................................................................................. 79
   Occupational First Aid Level 3 ................................................................................... 79
   Emergency Medical Responder - EMR...................................................................... 79
   Glasgow Coma Scale ................................................................................................ 80




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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/
3
  Victoria had the 15th highest crime severity of 208 Canadian municipalities, Times Colonist, July 22,
2010.
4                                     2                            2.
  City of Victoria comprises 19.68 km and Esquimalt approx 10 km
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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.




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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




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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.

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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.

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      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,

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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

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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.
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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
                                                                      9
                                    Table 3: 2009 Vic PD Jail Stats



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
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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
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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
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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

Review of Vic PD Jail and Use of Force
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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


Review of Vic PD Jail and Use of Force
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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”.
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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



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                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.
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2010-08-30                                                                                     Page 20
                                         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.
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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.
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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.

Observations on this issue have produced the following Recommendations.




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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.

Observations on this issue have produced the following Recommendations.



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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.



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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.
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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
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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

Based on a detailed review of available information and review of Policy from Vic PD
and elsewhere the following Recommendations are made.




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.
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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.
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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.

Observations on this issue have produced the following Recommendations.

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.
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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.

Observations on this issue have produced the following Recommendation.

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.

Observations on this issue have produced the following Recommendation.
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.



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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.

Observations on this issue have produced the following Recommendation.

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.



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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.

Observations on this issue have produced the following Recommendations.

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.

Observations on this issue have produced the following Recommendation.



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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.

Observations on this issue have produced the following Recommendation.

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



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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.

Observations on this issue have produced the following Recommendation.

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
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

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.
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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.

Observations on this issue have produced the following Recommendation.

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.

Observations on this issue have produced the following Recommendation.

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

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       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.

Observations on this issue have produced the following Recommendations.

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.

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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.

Observations on this issue have produced the following Recommendations.

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.


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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.

Observations on this issue have produced the following Recommendation.
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
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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
                 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.



36
     Stats courtesy of Staff Sergeant Andy Lacon, Sheriff Remands 2009.
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                  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 18 th 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
         have their matters dealt with in a timely fashion each day so they can be
         transported to detention facilities on the mainland.




37
     Details drawn from an e-mail from Staff Sergeant Andy Lacon, July 20, 2010.
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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.

Observations on this issue have produced the following Recommendations.

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.


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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.

Observations on this issue have produced the following Recommendation.
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.

Observations on this issue have produced the following Recommendation.
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
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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.


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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.

Based on a detailed review of available information and review of Policy from Vic PD
and elsewhere the following Recommendations are made.

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



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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.

Observations on this issue have produced the following Recommendation.

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.




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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.

Observations on this issue have produced the following Recommendation.

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.

Observations on this issue have produced the following Recommendation.


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)


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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.

Observations on this issue have produced the following Recommendation.

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.

3.2 Organizational Structure




39
     For example, Barrie Police Service, Procedure #126, Search of Persons
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      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


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           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.


3.10        Prisoners with Questionable Consciousness or Medical Issues


40
     Refer to Appendix “B” of this Report for further details.
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         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

          3.11.2 Cleaning in the Jail must be done diligently.




41
     Vic PD Prisoner Booking Policy, sections 3.17 to 3.23.
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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




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       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



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       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

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        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
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              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.




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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.
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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 –              2007         2008                   2009
                   Use of Force
                      (SBOR)
               # of SBOR reports            327          313                  82247
               # of Complaints of          N/A48        5149                   19
               Excessive Force
               # 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.

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


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
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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
the position. He is an experienced trainer, a martial arts Instructor and is certified by the


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.
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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.
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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

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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

                 4.5.2 Vic PD request the PRIME – BC Regional Users Committee to put
                       forward amendments to the system which will route SBOR forms
                       collected by the system directly to the attention of the Control
                       Tactics Coordinator.

         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.
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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.
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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


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                      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


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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.

Observations on this issue have produced the following Recommendations.

61
     For example, Page 11, Ottawa Police Service Policy 6.07, Use of Force.
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              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.


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       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.

Observations on this issue have produced the following Recommendations.

              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

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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.

Observations on this issue have produced the following Recommendation.

                 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.
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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.

Observations on this issue have produced the following Recommendation.

               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.

Observations on this issue have produced the following Recommendation.

               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.
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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.

Observations on this issue have produced the following Recommendation.

                 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.

Observations on this issue have produced the following Recommendation.

                 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
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       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

              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

              4.5.2 Vic PD request the PRIME – BC Regional Users Committee to put
                    forward amendments to the system which will route SBOR forms
                    collected by the system directly to the attention of the Control
                    Tactics Coordinator.

       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.


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       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

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              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




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             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.




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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.



                                                Vince Bevan
                                                Oceanside Strategic Solutions Inc.




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                                     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


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2010-08-30                                                                         Page 77
       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.




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2010-08-30                                                                       Page 78
                                       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                 Conduct lifting, loading, extrication,
          assessment                                      and transportation of patients
         Conduct a scene assessment                     Perform spinal immobilization and
         Assess and manage life-                         cervical immobilization
          threatening traumatic emergencies              Perform emergency childbirth
         Assess and manage life-                        Perform oropharyngeal airway
          threatening medical emergencies                 suctioning
         Assess patient vital signs                     Perform oxygen administration
         Monitor patient blood pressure and             Perform Automated External
          pulse oximetry                                  Defibrillation (AED)
         Conduct a secondary assessment                 Maintain intravenous lines
          consisting of a physical                       Administer the following oral,
          examination, medical history, and               sublingual, or inhaled medications:
          vital signs                                              Nitroglycerin
         Conduct chest auscultation                               Glucogel
         Administer CPR according to the                          Nitrous Oxide
          Heart and Stroke Foundation of                               (Entonox)68
          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
      
                                               68
          Meet all Occupational First Aid         For further information on EMR Training see:
          Level III requirements               http://www.firstaidforbc.com/emergency_medical
                                               _responder.php
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2010-08-30                                                                             Page 79
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.

				
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