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Wednesday, December 12, 2007

Recommendations from the Commission for Public Complaints Against the RCMP

December 12, 2007

In today's Interim Taser Report to the Canadian Government, the Commission for Public Complaints Against the RCMP recommends, for immediate implementation, the following:

Recommendation 1: The RCMP immediately restrict the use of the conducted energy weapon by classifying it as an "impact weapon" in the use of force model and allow its use only in those situations where an individual is behaving in a manner classified as being "combative" or posing a risk of "death or grievous bodily harm" to the officer, themselves or the general public. This includes use of the device in both push stun and probe modes.

Recommendation 2: The RCMP only use the conducted energy weapon in situations where an individual appears to be experiencing the condition(s) of excited delirium when the behaviour is combative or poses a risk of death or grievous bodily harm to the officer, the individual or the general public.

Recommendation 3: The RCMP immediately communicate this change in use of force classification to all members.

Recommendation 4: The RCMP immediately redesign the conducted energy weapon training members receive to reflect the classification of the device as an "impact weapon".

Recommendation 5: The RCMP immediately amend the conducted energy weapon policy by instituting the requirement that re-certification occur every two years.

Recommendation 6: The RCMP immediately appoint a National Use of Force Coordinator responsible at a minimum for the following:

National direction and coordination of all use of force techniques and equipment;
Development of national policies, procedures and training for all use of force techniques and equipment;

Implementation of national policies, procedures and training for all use of force techniques and equipment;

Monitoring of compliance with national policies, procedures and training for all use of force techniques and equipment;

Creation, maintenance and population of data bases related to the deployment of use of force techniques and equipment; and

Analyses of trends in the use of all use of force techniques and equipment.

Recommendation 7: The RCMP immediately institute and enforce stricter reporting requirements on conducted energy weapon use to ensure that appropriate records are completed and forwarded to the national data base after every use of the weapon.

Recommendation 8: The RCMP produce a Quarterly Report on the use of the conducted energy weapon that will be distributed to the Minister of Public Safety, the Commissioner of the RCMP, the Chair of the Commission for Public Complaints Against the RCMP and all Commanding Officers in each Division that details at a minimum:

Number and nature of incidents in which the conducted energy weapon is used;

Type of use (i.e. push stun, probe, threat of use, de-holster, etc.);

Number of instances medical care was required after use;

Nature of medical concerns or conditions after use;

Number of members and instructors trained;

Number of members and instructors that successfully passed training and number that were unsuccessful at training; and

Number of members and instructors that successfully re-certified and number that were unsuccessful at re-certification.

The Quarterly Report will be produced for a period of three years effective immediately.

Recommendation 9: The RCMP produce an Annual Report on the use of the conducted energy weapon that will be distributed to the Minister of Public Safety, the Commissioner of the RCMP, the Chair of the Commission for Public Complaints Against the RCMP and all Commanding Officers in each Division that is comprehensive of all Quarterly Reports for that year, and at a minimum details:

All data required and analyzed in the Quarterly Report;

Justifications for suggested or actual changes in policy;

Justification for suggested or actual changes in training;

An analysis of trends of use;

An analysis of the relationship between use and officer/public safety; and

An analysis of the relationship between use and suggested changes in policy and training.

The Annual Report will continue to be produced after the time period for the Quarterly Report has expired.

Recommendation 10: The RCMP continue to be engaged in conducted energy weapon related research looking at medical, legal and social aspects of the weapon's use. This includes focusing at a minimum on:

CEW use, the infliction of pain and the measurement of such pain;

Appropriateness of CEW application in contrast to other forms of use of force interventions;

CEW use against vulnerable or at-risk populations;

Alternate use of force/intervention options when dealing with people who present with symptoms of excited delirium;

CEW use, excited delirium and sudden or unexpected death within the context of a rural setting or Northern policing; and

Connections between CEW use, excited delirium and the possibility of death.

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