SENT ON BEHALF OF MR. HENRY JENSEN, CHAIR, OTTAWA POLICE SERVICES BOARD.

Dear Mr. Barth & Ms. Lowe,

I am writing on behalf of the Ottawa Police Services Board in response to your emails, the last of which was dated 30 November 2007, requesting to speak to the Police Services Board at its meeting on 17 December 2007 regarding the suspension of the use of Tasers by the Ottawa Police Service. 

I wish to clarify certain legal issues pertaining to the Board’s authority in this matter. Having consulted with both the Board’s Solicitor and with the Provincial Ministry of Community Safety and Correctional Services, which establishes legislation for policing in the Province of Ontario and monitors compliance with those laws and regulations, I wish to clarify that a decision to suspend Taser usage by the Ottawa Police Service is not within the Board’s authority.

Under section 31(4) of the Province’s Police Services Act, police boards shall not direct the Chief of Police with respect to specific operational decisions or with respect to the day-to-day operations of the police force.  Further, under the Equipment and Use of Force regulations, specifically section 14(1), it is the Solicitor General of Ontario that has responsibility for approving the use of a weapon other than a firearm, establishing the technical standards for the weapon, and setting standards for the use of that weapon. This would apply to the use of the Taser.

 
Support for this view can be found in the Adequacy Standards Regulation (O.Reg 3/99), under which the Chief of Police has responsibility for establishing procedures and processes in respect of such things as prisoner care and control, arrest, and police response to persons who are emotionally disturbed or have a mental illness or a developmental disability. Given that it is these types of scenarios that might generally precipitate the use of police weapons, the fact that the Regulation places the responsibility for establishing the relevant procedures on the Chief of Police is supportive of the view that the use of Tasers, or other use of force options, is an operational matter that is fully within the authority of the Chief of Police.

The recent videotaped Taser incident in British Columbia is disturbing and while I cannot comment on that situation, I can assure you that Ottawa Police officers receive extensive training on use-of-force options and the “Ontario Use-of- Force continuum” model.  When training takes place on the use of Electronic Control Devices (Tasers), clear emphasis is placed on the criteria that must be present before officers consider using the device.  Officers consider not only the subject’s state of mind before using any type of force, but also many other impact factors that may or may not be present at the time.  Should they decide to use the device, they are required to justify their actions and are criminally liable for any excessive use of force.  The Ottawa Police Service also incorporates a monitoring process to record the frequency, circumstances and results of usage, and this data will be reported to the Board publicly early in 2008.

In light of the above, should you still wish to speak to the Board at its meeting on 17 December 2007, the Board will be obliged to refer your request to the Chief of Police.  I am copying Chief Vern White on this response so he is aware of your concerns and can take them into consideration.

Sincerely,
Henry Jensen, Chair
Ottawa Police Services Board

Sent on behalf of the Board Chair by:
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Wendy Fedec, Executive Director
Ottawa Police Services Board
110 Laurier Avenue West
Ottawa, ON  K1P 1J1
tel: 613-580-2424, ext. 21618
fax: 613-580-2728
email: Wendy.Fedec@ottawa.ca