Message from the Chair and Executive Summary of the Final Report concerning RCMP use of the Conducted Energy Weapon - PDF. vir
The Commission for Public Complaints Against the RCMP (CPC)
Recommendation 1: The RCMP immediately implement all of the Commission’s
Interim Report recommendations, in particular:
• Recommendation #1 that the conducted energy weapon be
classified as an "impact weapon" and use be allowed only in
situations where an individual is "combative" or posing a risk of
"death or grievous bodily harm" to the member, the individual or
the general public.
• Recommendation #2 that the conducted energy weapon be used
on individuals appearing to be experiencing the condition(s) of
excited delirium only when the behaviour is "combative" or posing
a risk of "death or grievous bodily harm" to the member, the
individual or the general public.
Recommendation 2: The RCMP immediately instruct its members who deploy
a conducted energy weapon on a subject seek immediate medical attention for
the subject in all circumstances.
Recommendation 3: The RCMP immediately implement clearer operational
guidelines around conducted energy weapon use against "at-risk populations"3
and in particular the role of emergency medical services post-weapon
deployment.
Recommendation 4: The RCMP immediately direct, through policy and
implement operational guidance, that the conducted energy weapon will be used
only by the following members:
• Corporals or above in urban 4 settings.
. All members of specialized response teams 5 are exempt
from this criterion.
• Constables with at least five (5) years of operational experience
who are posted to detachments in rural 6 settings.
. All members of specialized response teams are exempt from
this criterion.
Any RCMP member who is currently trained and certified to use a conducted
energy weapon who does not meet any of these criteria will be prohibited from
using the weapon until the criterion is met.
3 At-risk populations include, but are not limited to, people with mental health issues, substance abuse
problems, the homeless, and other persons from marginalized groups. 4 Urban setting is defined as a population of 5000 residents or more. 5 Specialized response teams include Emergency Response Teams (ERTs), Tactical Troops, Containment
Teams and High Risk Entry Teams. 6 Rural setting is defined as a population less than 5000 residents.
Recommendation 5: The RCMP immediately modify reporting Form 3996 to
include the capture and search capabilities, at a minimum, of the following
information:
•
Description of the context surrounding weapon deployment;
• Description of the subject’s behaviour;
• Identification of deployments in rural or urban detachments;
• Specific indications of types of deployment: threatened, push-stun,
probe, or a combination thereof;
• Factors leading to the member’s decision to deploy a CEW;
• Electronic linking capabilities to capture related events and
reports;
• Member’s articulation of factors leading to use of force choice(s);
• Description of whether other use of force tools were utilized;
• Articulation of how member safety was augmented by CEW use;
and
• Fulsome description of factors relevant to a multiple or prolonged
application of the weapon and the member’s rationale in support
of such multiple or prolonged applications.
Recommendation 6: The RCMP immediately instruct all Divisions to conduct a
comprehensive review of conducted energy weapon use, identify all outstanding
Form 3996 reports and immediately submit all reports to the national database.
Recommendation 7: The RCMP immediately establish Use of Force
Coordinators in all Divisions reporting to the National Use of Force Coordinator.
All Divisional Use of Force Coordinators will immediately:
• Enforce the requirement that Form 3996 be completed and
submitted as per operational requirement by the end of each shift
where the conducted energy weapon was used;
• Enforce appropriate administrative disciplinary measures for
members who under-report use of the weapon or who do not
report use;
• Identify members who have engaged in multiple or prolonged
applications of the weapon, and determine the circumstances and
reasons for such use and report this to appropriate professional
standards units and RCMP Headquarters; and
• Review, verify and approve all Form 3996 submissions in their
Division prior to final submission to the national database.
Recommendation 8: The National Use of Force Coordinator must hold the rank
of a Commissioned Officer in order to ensure national implementation of policies
and procedures and to implement institutional behavioural change. Divisional
Use of Force Coordinators must report to the National Use of Force Coordinator.
Recommendation 9: The RCMP immediately direct through policy that
Divisional and national professional standards units and training coordinators
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receive carbon copies of all Form 3996 submissions sent to the national
database.
Recommendation 10: The RCMP immediately implement a requirement that
the Learning and Development Services group receive all reporting Form 3996
submissions where the subject is considered to be part of an "at risk group", to
ensure:
• Relevancy of training and training standards; and
• Proper modification of training programs.
Recommendation 11: The RCMP publicly release the requested Quarterly and
Annual Reports concerning the RCMP’s use of the conducted energy weapon.
Recommendation 12: The RCMP provide the Commission unvetted copies of
all Forms 3996 on a monthly basis for a period of three years, commencing
January 1, 2008, so that the Commission can provide a comprehensive yearly
assessment of conducted energy weapon use by the RCMP.
As stated in the Interim Report, the Commission is not calling for an immediate
moratorium on CEW use. Having said that, if the RCMP fails to immediately
implement all of the recommendations made by the Commission, then it is
conceivable that the problems of CEW deployments currently being raised will
continue. The recommendations in both reports have been made to hold the
RCMP publicly accountable for the use of a weapon that causes the Canadian
public apprehension and to control usage creep. The Commission’s belief that
the CEW has a place in the RCMP’s arsenal is conditional on acceptance and
implementation of the recommendations contained in this report. Simply put, if
the RCMP cannot account for the use of this weapon and properly instruct its
members to appropriately deploy the CEW in an operational setting, then such
use should be prohibited until proper and strict accountability and training
measures can be fully implemented.
Paul E. Kennedy
Chair, Commission for Public Complaints
Against the RCMP
