Threshold and Circumstances of Use

 

Definitions

Bodily Harm: Any hurt or injury to a person that interferes with the health or comfort of the person and is more than merely transient or trifling in nature.

CEW Display: The act of pointing, aiming, or showing the CEW at or to a person, without discharging the CEW, for the purpose of generating compliance from a person. A display may include a visible electrical discharge across the front of the device or an audible alert.

CEW Draw: The act of unholstering or removing the CEW from the holster without discharging it, as a preparatory step so that it is ready for use should it become necessary (i.e., not used to generate compliance).

Conducted Energy Weapon or CEW: A weapon that when discharged uses a conducted electrical charge in order to incapacitate a person, or to generate compliance through pain.

Crisis Intervention and De-escalation (CID) Techniques: Verbal and nonverbal communications that are designed to de-escalate crises.

Officer: A constable appointed under the Police Act or an enforcement officer appointed under s. 18.1 of the Police Act.

Reasonable Grounds: Includes both a subjective and an objective component and means that the officer must personally believe that the decision or action is necessary, and in addition, the decision or action must be able to stand the test of whether a reasonable person, placed in the position of the officer, would reach the same conclusion.

Standards

CEW discharge

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(1) Prohibit Officers from discharging a CEW against a person unless:

(a) The person is causing Bodily Harm to either themselves, the Officer, or a third party; or
(b) The Officer is satisfied, on Reasonable Grounds, that the person’s behaviour will imminently cause Bodily Harm either to themselves, the Officer, or a third party.

(2) In addition to Standard (1) above, prohibit Officers from discharging a CEW against a person unless the Officer is satisfied, on Reasonable Grounds, that:

(a) Crisis Intervention and De-escalation (CID) Techniques have not been or will not be effective in eliminating the risk of Bodily Harm; and
(b) No lesser force option has been, or will be, effective in eliminating the risk of Bodily Harm.

(3) Prohibit Officers from discharging a CEW on a person for longer than five seconds or exposing a person to an additional CEW discharge, unless the Officer is satisfied, on Reasonable Grounds, that:

(a) The initial five-second discharge was not effective in eliminating the risk of Bodily Harm; and
(b) A further discharge will be effective in eliminating the risk of Bodily Harm.

(4) Ensure that Officers:

(a) Issue a verbal warning prior to discharging a CEW against a person, unless such a warning would place any person at further risk of Bodily Harm or imminent Bodily Harm;
(a.1) Consider the backdrop prior to discharging a CEW against a person, to assess the potential risk to bystanders or other Officers if probes miss the intended subject;
(b) Do not discharge a CEW near flammable, combustible, or explosive material, where there is a risk of these igniting;
(c) Do not discharge a CEW against a person where the person is at risk of a fall from an elevated height, unless the Officer has Reasonable Grounds to believe that the potential for death or grievous Bodily Harm is justified;
(d) Do not discharge a CEW against a person in water where there is a danger of the person drowning due to incapacitation from the CEW, unless the Officer has Reasonable Grounds to believe that the potential for death or grievous Bodily Harm is justified;
(e) Do not discharge a CEW against a person operating a vehicle or machinery in motion, unless the Officer has Reasonable Grounds to believe that the potential for death or grievous Bodily Harm is justified;
(f) Do not discharge more than one CEW simultaneously against a person, unless the Officer has Reasonable Grounds to believe that the potential for death or grievous Bodily Harm is justified; and
(g) Avoid a person’s head, neck, or genitalia as target zones for discharge of the CEW.

(5) Ensure that Standards (1) to (4) above apply to discharges in any mode.

CEW Draw or Display

The Chief Constable, Chief Officer, or Commissioner must:

(6) Prohibit Officers from drawing or displaying a CEW unless the Officer is satisfied on Reasonable Grounds that the situation has the potential for Bodily Harm.

Policies and procedures

The Chief Constable, Chief Officer, or Commissioner must:

(6.1) Ensure that policies and procedures clearly establish that a CEW Display is not a replacement for Crisis Intervention and De-escalation (CID) Techniques.

(7) Ensure policies and procedures are consistent with these BC Provincial Policing Standards.