CHAPTER ONE
DEADLY DECISIONS
Calgary police don't reference one specific use of force model but rely heavily on in-the-moment decision making. In 2016 Calgary had more police-involved shootings than any other Canadian city. How are officers making decisions during frantic, fast-moving encounters with violence? Should anything change?
Toronto and Vancouver have more than double the population of Calgary, but currently the two cities have far less police-involved investigations in their jurisdictions.
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Compared to cities like Chicago, where police shootings are responsible for 92 deaths and 170 injuries over a six-year span, Calgary’s 2016 police-shootings don’t look like a big problem. Bordering a country that had nearly 1,000 fatal police shootings in 2015 alone makes police violence in Canada seem like a non-issue.
But Mount Royal University justice studies professor Doug King says higher numbers of shootings can cause public distrust of police– a problem in itself.
PUBLIC PERCEPTION
It’s been more than 25 years since King has worked with the Calgary Police Service (CPS) as a civilian researcher — but he’s still keeping tabs on the service.
King focuses on areas related to criminal law,
law enforcement, policing and issues related to
diversity in the criminal justice system.
He can’t help but notice CPS has lost its reputation
for innovation in all of those areas.
Data from 2016 reveals 56 per cent of Calgarians
were satisfied with the service CPS delivers
to citizens — the lowest the number has been in
five years. The number of satisfied employees with
CPS is even lower: 25 per cent.
The Calgary Journal reached out to the Police
Commission who offered a five-minute statement,
which was declined by reporters of this story.
According to King, how the public views police services
is becoming a bigger issue due to increased scrutiny by the media and the ability for people to easily video-record situations. With ten police-involved shootings in 2016, five fatal, King says he’s not surprised CPS’ reputation has declined.
THE USE OF FORCE
Police agencies in Canada use police-intervention management models as training and practice guides. What was once a linear model called the Use of Force Model is now the Incident Management Intervention Model, or IMIM, a circular graphic of situation-based intervention techniques requiring officers assess risk before deciding on a level of force.
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While a police officer’s reaction to a violent situation can be guided by training, King says in-the-moment responses boil down to officer discretion.
“People need to understand a police officer isn’t trained in terms of how to use force in every particular instance,” he says. “So there’s a fair amount of discretion that has to go in and judgement happening.”
Sgt. Lee Stanton, a member of CPS says they references the IMIM model as an "instant command model" but for the most part, the service relies on situation-based training. CPS, he explains, moved away from the Alberta Association of Chiefs of Police (AACP) use of force model about ten years ago.
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"[We] started talking more about situation specifics. We teach more about situations and incident specifics and the dynamics with them," Stanton says.
"We teach a number of different tools and techniques, all have limitations [and] the limitations are important, obviously for the officers to make a good, dynamic, critical decision based on that specific incident and whatever [is] best to de-escalate that situation given the circumstances they find themselves under.”
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The first and most minor level of force is officer presence, an incident management practice relying on the public’s subconscious adherence.
“Anybody who has been driving down the street in Calgary and sees a uniform patrol vehicle knows the officer's presence affects how you drive,” explains King. “You slow right down.”
If the individual in a given situation is cooperative, IMIM says officers should rely only on verbal and physical communication.
“That’s typically if you are dealing with someone who is understanding of the situation and just needs some direction, you know ‘stay here,’ or ‘don’t move,’ says King.
BREAKING DOWN THE SITUATION
If the subject begins to display “passive aggressive” or “passive resistant” behaviour by ignoring an officer’s lawful request, “pulling away from an officer or refusing to move,” as defined by the Sinclair College Criminal Justice Training Academy, than the officer is directed to use “soft control” to get a handle on the situation.
According to the RCMP’s website, “soft techniques” include distracting the subject with “open hand strikes and pressure points” and controlling the subject with “restraining techniques, joint locks and non-resistant handcuffing.”
If the situation escalates to displays of “active aggression,” where the subject becomes a physical threat or uses force against the officer, IMIM directs police to move to hard physical techniques—still attempting to control the situation without the use of weapons.
The RCMP website says punches, kicks and ‘vascular neck restraint’ are examples of these techniques.
“It’s at that point that an officer is trained to consider using what are called intermediate weapons,” says King.
Batons, pepper-spray, tasers and other conducted energy weapons fit in this category.
Before deadly force becomes an option, IMIM explains that officers should, if possible, consider “tactical repositioning:” removing themselves from the situation, seeking alternative cover or calling in backup or specialty units.
“If at all feasible to withdraw, an officer should leave the situation, wait for people to come…” says King but he adds that if their life or the life of someone nearby is perceived to be in danger, officers are trained not to withdraw, but to implement the use of deadly force, or in other words, to discharge their firearm.
There is a misconception, according to King, that police could shoot at the subject’s limbs or non-vital body parts to avoid a lethal shot. “The difficulty [...] is that often times, depending on the state of the individual it’s addressing, that wouldn’t stop them,” he says.
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FLAWS IN THE MODEL
The previous use of force model may have changed shape to accommodate one key fact: situations rarely escalate in a
manageable, linear way.
In fact, the RCMP website explains how the circular
representation of the IMIM model reflects the “rapidly
evolving and dynamic nature of policing.”
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When no non-lethal methods of intervention seem feasible, the website says officers can use “any reasonable weapon of opportunity to defend themselves or members of the public.”
King emphasizes this right. “If someone is coming at us and we make the judgement they are going to kill us, we have the right to defend ourselves which might mean taking their life,” he says, adding the Canadian Criminal Code extends this right to civilians.
“[Police] are told to look at the situation before you decide on the use of force, make a decision [and] at that point your training kicks in and not to second guess.”
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Sgt. Stanton had similar thoughts. Adding however, that there would be no changes to the current training model.
AT-RISK PUBLIC
According to King, the at-risk public includes those in mental distress or suffering from substance addictions.
As the Alberta Serious Incident Response Team (ASIRT)
is still investigating Calgary’s 2016 police-involved
shootings, there have been no official statements on the mental health conditions of any of the victims. ASIRT is
the main body that investigates any incidents where
Alberta police officers are involved that resulted in
serious injury or death.
Multiple attempts were made to ASIRT for an interview,
none of which were acknowledged.
In their training, Alberta police officers are required to take
a seven-hour online course called Policing and Persons with Mental Illness. The course is designed to grow behaviour-centred policing and enhance general knowledge about mental health.
"Morale within the Calgary Police
Service
is at an
all-time
low."
-Doug King
"If someone is coming at us and we make the judgEment they are going to kill us, we have the right to defend ourselves which might mean taking their life."
-Doug King
NINA GROSSMAN AND JOSIE LUKEY
Five Fatalities
The RCMP's Incident Management Intervention Model (IMIM) emphasizes "tactical repositioning" and other methods that avoid the use of lethal force or force causing bodily harm. CPS references IMIM in training but mostly relies on situation-based responses. Photo Courtesy of the Royal Canadian Mounted Police.
Former Calgary Police Service strategist and current Mount Royal University justice studies professor Doug King gives insight on issues around funding and resources for CPS. The City of Calgary could not be reached for comment at the time of publication. Video produced by Josie Lukey and Nina Grossman.
Just because there's victims, doesn't mean there's a guilty party says King. Video produced by Josie Lukey and Nina Grossman.
Sgt. Lee Stanton of the Calgary Police Service explains an officer's goal when de-escalating a situation. Video produced by Josie Lukey and Nina Grossman.
According to Sgt. Lee Stanton, CPS has moved away from teaching the Alberta Association of Chiefs of Police (AACP) use of force model. Photo Courtesy of AACP.
Contrary to popular belief, lethal force is not the last step in de-escalating violence says King. Video produced by Josie Lukey and Nina Grossman.
Officers' decision-making process needs to be examined consistently. Video produced by Josie Lukey and Nina Grossman.
Officer discretion is a guiding force in every police-involved shooting incident. "Only that officer at that scene can make the final determination," says Sgt. Lee Stanton. Video produced by Josie Lukey and Nina Grossman.
CPS officers are trained specifically to deal with people suffering from mental health issues but Sgt. Lee Stanton says training can't prepare police for the unpredictable, sometimes volatile nature of social calls. Video produced by Josie Lukey and Nina Grossman.
UPDATE: On May 17, 2017 CPS announced its initiating an independent review of its policies, procedures, practices, training, equipment and use of lethal force. The review, to be conducted by retired Superior Court Justice Neil Wittmann, is not aiming to assign individual fault to last year’s incidents but to tackle systemic issues that lead to lethal use of force.
Wittman has 50 years of legal experience, including legal practice in criminal and civil law and 18 years as a Superior Court Justice. He’ll be consulting with stakeholders, experts and CPS members during his review.
King says public scrutiny and the enforcement of accountability will effect the Calgary Police Service's next moves. Video produced by Josie Lukey and Nina Grossman.