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Wednesday, June 18, 2008

RECOMMENDATIONS of the Report on the RCMP's Use of the Conducted Energy Weapon

June 18, 2008

To address the concerns identified throughout this Final Report, the Commission recommends, for immediate implementation, the following:

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 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.

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 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.

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