CONTEXTO AUDIOVISUAL EL CASO DE GEDDAN
10 5 ANÁLISIS 10.5.1 Primera parte
13.1. ESTUDIAR EL ROCK
Through Section 12(2) of the POA, Sections 3, 4 and 8 of the POR and Section 2(2) of the POMR, there are provisions for peace officers in this program to utilize a variety of weapons, should a demonstrated need exist.
For the purposes of this manual, weapon refers to prohibited firearm, restricted firearm, or prohibited weapon as defined under the Criminal Code of Canada.
a) Exemptions
Fish and wildlife officers and conservation officers receive their authority to carry weapons through their own legislation and are not bound by Section 3 and 4 of the
Peace Officer Regulation pertaining to restrictions on weapons and the granting of weapon authority by the Director. Authorized employer designations and peace officer appointments for this group shall remain silent on the issue of weapons.
b) Authorized employer requirements for weapons:
i. A rationale explaining why the responsibility of the peace officer requires the use of a weapon(s).
ii. Liability coverage for the proposed weapons.
iii. A letter from the chief administrative officer, deputy minister, chief of police, or equivalent showing that the authorized employer accepts responsibility and liability for any weapons applied for.
iv. Have written policy describing the use, storage, and maintenance of weapons. v. Have written policy relating to training, recertification and only those peace
officers who have been trained in accordance with standards set by the Director shall be permitted to carry weapons.
vi. Have written policy describing when it is appropriate to use weapons.
vii. Have written policy requiring reporting to the Public Security Division each incident where a peace officer on duty uses a firearm or shotgun outside of duties in accordance with regulations and policy. This policy must include provisions requiring that in the event of a serious or sensitive situation the authorized employer must report to the Director as soon as the employer becomes aware of it as per Section 19 of the Act, and no later than 24 hours in other circumstances as required by Section 5 of the POR.
viii. Have written policy requiring reporting to the Public Security Division, within two business days, each incident where a peace officer on duty uses OC spray, baton, conducted energy weapon, or tear gas on the approved form found in Appendix K.
ix. If an authorized employer employs over 30 peace officers and if an agency routinely uses baton, OC spray, tear gas, or a conducted energy weapon three or more times per week, alternative reporting procedures can be developed, subject to the approval of the Director.
The Director must review the above documents and ensure that they are satisfactory prior to authorizations or appointments being issued permitting the carrying or use of weapon(s). Compliance with weapons policy approved by the Director by both the authorized employer and peace officers are a mandatory component of participation in the program and a term/condition to this effect shall appear on each authorization and appointment issued under this program.
c) After receiving permission to carry weapons from the Director, each authorized employer is further responsible to:
i. Ensure that weapons policies and procedures are updated regularly to keep current with ‘best practices’, and
ii. Provide to the Director copies of new weapons policies and procedures developed by the authorized employer as soon as practicable. This will ensure that the Director is able to review the new documents and assess for compliance with legislation and policy.
d) Weapons carried by peace officers:
A peace officer may only possess a weapon(s) if it appears on the peace officer’s appointment and after an approved training course has been successfully completed. Recertification will be required in accordance with program policy.
Additionally, weapons used or carried by the peace officer must be approved and issued by the authorized employer.
e) Types of weapons permitted by category:
i. Alberta peace officers or out of province police/peace officers may apply to carry:
Service firearms,
OC spray as defined in Section 4(1)(a) of the POR,
A baton,
A conducted energy weapon as defined in the POR (a common brand name currently in use is Taser), or
f) i. Community peace officers Level 1 may apply to carry:
A shotgun for the purposes of duties found within the Animal Protection Act,
Dangerous Dogs Act, Stray Animal Act, and Wildlife Act,
OC spray as defined in Section 4(1)(a) of the POR as long as the strength does not exceed 1.33% Major Capsaicinoids:
o Must not be a solvent based animal spray,
o Agencies using OC spray must develop and comply with internal policies for decontamination procedures after the use of OC spray. Decontamination procedures must comply with manufacturer's recommendations for the brand of OC spray being used.
A baton.
ii. Community peace officers Level 2 may apply to carry:
A baton.
g) Other firearm requirements:
i. A peace officer must immediately report the loss or theft of a weapon to a police service and the authorized employer.
ii. A peace officer can only use ammunition for firearms that has been sanctioned by the authorized employer.
iii. No person may tamper with, or modify ammunition that has been issued to, or is available for use, by a peace officer.
iv. A peace officer must not carry or use ammunition that has been modified or tampered with.
h) Re-qualification on weapons:
i. Firearms or shotgun – must be re-qualified annually.
ii. Other weapons – must be re-qualified at a minimum every 36 months.
iii. The authorized employer is responsible for updating qualifications and providing certificates or other proof of qualification to the Public Security Division as required.
iv. Computer records systems operated by the Public Security Division will automatically generate an expiry date for training. If qualification records have not been submitted by the authorized employer, the peace officer(s) appointment will be revised to remove the weapon(s) for which they have not qualified in accordance with policy. A new appointment will be mailed to the authorized employer reflecting loss of the ability to carry the weapon.
i) Shotgun Storage Requirements for Community Peace Officers:
Shotguns are provided to community peace officers only for duties related to the
Animal Protection Act, the Dangerous Dogs Act, or the Stray Animals Act. Any other use may result in criminal charges and/or constitute a contravention of the community peace officer’s appointment.
i. The shotgun must be contained in a secure locking device specifically manufactured to secure a firearm in a vehicle.
ii. The secure locking device must be mounted in the trunk of a vehicle operated by a community peace officer. If the vehicle does not have a trunk, then it must be mounted as follows:
½ ton or similar truck: to the frame behind the front seat, or rear passenger seat in a club cab.
Suburban or similar truck: to the floorboards by the rear compartment of the vehicle or ceiling mounted by the rear compartment of the vehicle.
iii. Shotguns may be left in vehicles overnight, if required, while transiting to and from shotgun training/recertification courses provided they are secured in accordance with the Firearms Act.
In no case shall the weapon be mounted within easy reach of the operator of the motor vehicle while the vehicle is in motion.
Some vehicle types are manufactured in a way that does not allow for mounting in the prescribed manner (i.e., some model years of the Dodge Durango). In those cases where a shotgun mount may not be placed in accordance with policy, the authorized employer must provide a rationale and obtain a letter of permission from the Director for a policy exemption.
Suggested weapon use and storage templates are found in Appendixes R, S, and T. j) CO2 rifles may be used if the specific exemptions contained within the Criminal Code
of Canada pertaining to device purpose and muzzle velocity are established. If these conditions are met then there is no prohibition under the Peace Officer Act or program policy from utilizing such a tool for animal control.
It does not need to appear on the peace officer appointment as any person may use such a device if it is not prohibited.