Push-Stun Mode – Pressing or pushing an activated CEW onto a subject's body, allowing electrical energy to be transferred to that individual.

Incident types have been reorganized in Table 10 to illustrate descending deployment probabilities. There are clearly a wide assortment of likelihoods, ranging from 100% for CEW‑related cases involving "murder or attempted murder", over 50% for both "assault on a police officer" and "obstruction", and less than 10% for "driving while intoxicated", "disturbing the peace" and "kidnapping".

In 8 (12.3%) cooperative incidents, the subject became immediately cooperative after a CEW was unholstered and a warning issued by police.

First, there are a number of variables that are not collected as part of the SB/OR Reporting System and are no longer available for consideration. Second, there are new variables that have been added that were not part of the RCMP's previous CEW forms. Third, there are certain variables that have the same name but have changed in terms of their meaning. In some cases, the changes have been relatively minor; for example, in Table 2 (see Appendix 2), the Setting variable now includes a category for "Indoor and Outdoor". In other instances, however, the modification may have a greater impact on the recording, reporting and interpretation of the data; for instance, the variables Substance Use (Table 3 in Appendix 2) and Possession of a Weapon (Table 4 in Appendix 2) both are now preceded by the word Perceived. And, finally, the variable Incident Type has changed so dramatically that it is no longer comparable across reports. Under the RCMP's previous CEW reporting system, Incident Type was task-oriented; however, under the new SB/OR system, Incident Type is now based on the nature of the offence that precipitated contact between police and the subject.

Part One provides readers with contextual information with respect to: (a) the genesis and evolution of the Commission's work related to the CEW; (b) the RCMP's Incident Management / Intervention Model (IM/IM); (c) the RCMP's SB/OR Reporting System, which captures data and information pertaining to CEW usage by its members; and (d) the CEW itself.

3.1.5. Multiple deployment or continuous cycling of the CEW may be hazardous to a subject. Unless situational factors dictate otherwise, members must not cycle the CEW for more than 5 seconds on a subject and will avoid multiple deployments.

With respect to CEW Occurrence Characteristics (Figure 25 and Table 28 in Appendix 2), there was some minor shuffling evident in the distribution of CEW reports across RCMP divisions. The most notable change was the drop of almost 10 points in the proportion of cases recorded in British Columbia. The largest corresponding increases occurred in Saskatchewan and Alberta, but only the gain in Saskatchewan was statistically significant. The figures for British Columbia and Saskatchewan are, respectively, a historical low and high. The results for Duty Type, particularly for "General Duty", appear, at first glance, to be quite different between 2009 and 2010. However, this divergence is likely the result of the considerable number of missing cases in 2009 compared to no missing cases in the current reporting year. If one looks only at "known" cases, the figure for "General Duty" in 2009 rises to 94.6%, a finding comparable to 2010. Similarly, controlling for missing cases, Constables account for 91.1% of CEW reports in 2009; this is an equivalent percentage to 2010.

In addition to providing descriptive statistics and exploring significant bivariate relationships, an important goal of the present report is to highlight on-going changes in the manner in which CEWs are employed by RCMP members in the field. This section analyzes historical, yearly change in two ways. First, the results from 2010 are compared with those of 2009. And, second, an examination of specific variables over a time period from 2002 to 2010 is undertaken to identify longitudinal patterns in CEW use. The results of these two sets of analyses are presented below.

Members were called to an incident where a male was stabbed by his wife. The wife was still reported to be at the location and the victim was unconscious. When members arrived, the subject was located in the bathroom. The door was locked and she would not open it. There was a sheet covering a hole on the door. One member ripped the sheet down and found the subject sitting on the toilet crying. A CEW was drawn and displayed to the subject, as the one-plus-one rule applied. Members believed that the subject was emotionally disturbed at the time. When asked to come out, the subject refused and continued crying. Eventually, through verbal intervention and de-escalation, the subject surrendered and members were able to restrain her.

Push-stun mode is primarily used in actively combative or assaultive situations where RCMP members cannot achieve separation from the subject, as in the following case.

The RCMP's divisional rankings were also consistent with those of the previous year. With the exception of the Yukon, which rose from 10th in 2009 to 7th place, no province or territory moved more than two spots in the 2010 rankings. In terms of proportions of CEW reports, the largest drop (9.3%) was recorded in British Columbia. Very small drops were also present in Newfoundland and Labrador, the Northwest Territories, Nunavut and New Brunswick. Conversely, the proportion of reports attributable to Saskatchewan increased by 4.5 percent. Modest increases were also found in Nova Scotia, Alberta and Manitoba. A comparison of 2009 and 2010 figures is presented in Table 28 (see Appendix 2).

Information regarding injuries is sparse within the SB/OR Reporting System. The description of injuries that was previously available through the RCMP's CEW usage reports has, unfortunately, been discontinued. In its place are, arguably, less illuminating questions.

And, lastly, the Weapon Model section of Table 4 (Appendix 2) highlights the ongoing phasing‑out of the Taser® M26 by the RCMP. In 2010, the M26 model was used in only 10% of events.

6.2.2. To make changes or additions after submission of an SB/OR report, unlock the SB/OR report and have the submitting member make the required changes or additions and resubmit. Attach a copy of the revised report to the operational file in addition to the original report to ensure changes are tracked.

5.2. Whenever possible, in medically high risk situations, request medical assistance before using the CEW. If medical assistance is not requested or a CEW deployment is necessary before the arrival of medical assistance, obtain medical assistance as soon as practicable.

Figure 39b (see also Table 39) shows that the total number of CEW cartridges deployed has steadily declined since 2008. Perhaps more importantly, the graph reveals a long-term trend that CEWs are more apt to be cycled only once as opposed to two or more times. In terms of the proportion of cycling, 2010 marked an all-time high for cycling the device once and a record low for two cycling, and for three or more cycling.

By comparison, the results for Emotionally Disturbed show a simple, direct effect: CEW engagement is more likely when the subject is deemed emotionally disturbed (Figure 23 and Table 13 in Appendix 2).

Part Six examines both quantitative and qualitative analyses of the narrative summaries provided in the RCMP's CEW-related SB/OR reports, offering greater context around the circumstances of CEW usage by the RCMP in 2010.

6.1.8. If a CEW is unintentionally discharged, report the incident to your supervisor and record the details in your notebook.

A search of the residence was completed and the subject was located in the basement. The subject was hiding underneath a mattress and was ordered to come out. The CEW challenge was given and lethal over-watch maintained. The subject cooperated, the CEW was not deployed, and the subject was handcuffed. The CEW was immediately holstered and not brought out again.

Due to the relatively small number of cases involving youth, considerable care must be taken in interpreting even the descriptive results. Still, there were several notable differences when "youth cases" were compared to the overall results.

The average number of usage reports per RCMP member remained virtually unchanged between 2009 (1.26) and 2010 (1.24) (Figure 27).

While the analyses offered in the previous section are appropriate for comparing more recent changes from 2009 to 2010, they are not able to discern potentially important long-range trends. This section attempts to identify and evaluate important historical trends in relation to the comparisons examined in Section 5A above.Footnote 19

Figure 37 (see also Table 37) reveals that, with minor fluctuations, the percentage of events where push-stun mode was used more than once was relatively consistent at about 37% between 2003 and 2005. The following two years experienced a slight increase in usage, followed by a sharp decline in 2008. Percentages in 2009 and 2010 seem to reflect the earlier trend in push-stun mode deployment observed in the 2003 to 2005 time period. This trend seems, at least in part, to reflect ongoing shifts in the manner in which RCMP members use CEWs. As stated previously, because push-stun mode is appropriate in very close encounters, its use is generally not optimal for officer safety. Thus, use is limited to more exigent circumstances when probes cannot be effectively used.

Conducted Energy Weapon (CEW) – A device that delivers high voltage, low current, shocks to a subject, designed to cause temporary incapacitation through involuntary muscle disruption or pain compliance. Also referred to as a conducted energy device (CED), electronic control device (ECD), stun gun or TASER®.

For example, the subject may have been injured in the altercation that led to the CEW being deployed. In general, however, the narrative summaries extracted from the RCMP's SB/OR Reporting System suggested that the medical exams were primarily related to the CEW.

Finally, there were 15 miscellaneous grievous bodily harm or death cases found in the CEW reports extracted from the SB/OR Reporting System.

The subject initially refused to cooperate with the members' directions to remain inside the residence. When the subject was physically restrained with soft hand control to prevent him from walking outside, he became instantly combative and assaultive. The subject reared and bucked his body while continuing a barrage of obscenities and verbal abuse. After several more members arrived to assist in holding the subject back, he began to fight by kicking his legs, rearing his body and bucking back. The subject was forced back into the residence and the tussle ended with the subject on the stairs on his stomach. Members were still unable to restrain the subject, and member no. 1 announced to fellow members that she had a CEW. Member no. 1 removed the CEW from its holster. The subject was warned that she had a CEW and that if he did not stop fighting it would be used. The subject did not stop his behaviour and instead fought back even harder. Member no. 1 removed the cartridge from the CEW, positioned herself among the other members present, and yelled out "Taser." Member no. 1 deployed the CEW in push-stun mode against the subject's back. After the first deployment, which was held against the subject for half of the cycle, the subject resumed his assaultive behaviour and would not become cooperative or compliant. Member no. 1 deployed the CEW a second time. This time, the subject indicated that he would stop resisting. Several other members were then able to handcuff the subject.

In the vast majority (85.5%) of cases, RCMP members judged the CEW to have been effective in controlling subjects (Table 4 in Appendix 2). It should be noted that since this is a new question, there is no basis for direct comparison with previous CEW annual reports published by the Commission. However, this figure is consistent with previous questions that asked whether the CEW "avoided the use of lethal force" or "avoided injuries". The variable Impediments captures the circumstances in which the CEW was not considered effective. Approximately one‑quarter of ineffective deployments were owing to the CEW having no effect on the subject. Secondary analyses found that all those subjects not affected by the CEW were under the influence of drugs and/or alcohol. Although several potential response categories are available, the large proportion of "other" impediments suggests that the reasons for the CEW having been ineffectual were extremely diverse.

The Royal Canadian Mounted Police (RCMP) responds to approximately 7,000 calls for service each day, or more than 2.5 million annually (RCMP, 2010a: 37). There are situations, however, where police officers are required to use force to achieve a lawful objective (e.g. making an arrest, acting in self-defence or protecting others). The Criminal Code authorizes such force as long as it is reasonable in the circumstances.

As noted in the Background section of the report, the Incident Type variable reported in Table 1 (see Appendix 2) has changed considerably when compared to the Commission's previous annual CEW reports. As a result, it will be difficult for readers to make year-to-year comparisons.

In a typical tactical case, RCMP members are called to a scene where the subject has, according to the information available, committed a serious or violent crime (often common or spousal assault) or is threatening same (usually with a weapon). In cooperative cases, members were able to serve the warrant or resolve the situation without resistance of any kind. In both of the following examples, the CEW was drawn before the subject was encountered.

In 27 CEW incidents (14.1%) in 2010, grievous bodily harm was inferred from "non‑compliance with additional circumstances", such as the refusal to show hands, a weapon in plain view, the presence of a possible weapon, or threat cues. There is no clear indication as to how these cases differed from similar "non-compliance with additional circumstances" that were classified as active resistant. In these cases, there seems to have been a degree of subjectivity or difference in interpretation on the part of the RCMP member.

Chi-square is not the most appropriate statistical technique for evaluating longitudinal relationships, but the cross‑tabulations that underlie the technique are very effective in illustrating trends. More sophisticated statistical techniques (i.e. mixed effects logistic regression models) were used to validate the chi-square results.

To assist its members in deciding (and explaining) when, where and what kind of intervention strategies to use in managing incidents, the RCMP developed the Incident Management / Intervention Model (IM/IM). Essentially, the IM/IM represents the process or framework by which RCMP members assess, plan and respond to situations that threaten public and/or officer safety through justifiable and reasonable intervention.

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9.1.3. Testing of the CEW will determine the working state of the CEW and whether the weapon is functioning as per the manufacturer's specifications.

Members responded to a complaint of an intoxicated male who had broken the window of his mother's residence. The members located the subject of the complaint in the rear yard of the residence. In his hands were an axe and a machete. He was instructed to drop his weapons and come towards the police. He turned and walked into a shed in the rear yard. RCMP members approached and he came out of the shed with the axe and machete still in his hands. He was ordered several times to drop the weapons. A CEW challenge was issued while lethal force over-watch was provided by other members at the scene. The subject still did not drop the axe or machete and the CEW was deployed in probe mode. He then dropped the weapons and fell to the ground.

It is important for readers to note that all of the following analyses were limited to circumstances in which the CEW was actually deployed.

The member saw a male running out of the house and told him to stop, as he was under arrest. The command was given again to the subject at which point he stopped and began walking towards the officer with his fists clenched and raised. He was staring at the officer and appeared to be assaultive. The member drew the CEW from the holster and turned it on while ordering the subject to stop and get on the ground. The CEW was pointed at the subject using the laser sight to aim at mid-torso. The subject saw the CEW being pointed at him and repeatedly told the officer to shoot him. The member told the subject to stop and the subject charged at the officer. The CEW was deployed at the subject's mid-torso area. The CEW had a momentary effect on the subject, but then the subject continued to walk towards the member and began swinging his arms to break the wires from the CEW.

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Another 24 events (12.5%) involved "tactical" conditions. In some cases, the seriousness of the tactical approach was heightened by the circumstances of the call, including the subject's recent actions, and his or her criminal/violent history.

3.1.4. Where tactically feasible, members will issue a verbal warning so the subject is aware that a CEW is about to be deployed.

The findings for cycling presented in Figure 38 (see also Table 38) display a similar stable pattern between 2003 and 2009. However, 2010 marks a notable break in this historical trend, falling to a rate of 8.6%. In other words, in the current reporting year, fewer than 10% of CEW events resulted in multiple cycling of the device. It is difficult to speculate as to the cause of this drop. Further data will be required to determine whether the 2010 result for multiple probe cycling is merely an anomaly or represents a substantive change.

Part Seven looks at two special populations that the Commission has identified as being at risk: youth aged 13 to 17, and subjects identified as being mentally ill.

Overall, the number of CEW occurrences dropped by 14.2% in 2010Footnote 9. In terms of a breakdown by RCMP jurisdiction, the number of CEW reports: increased in Saskatchewan, Manitoba and Nova Scotia; decreased in the Yukon, Northwest Territories, Nunavut, British Columbia, National Headquarters, New Brunswick, Newfoundland and Labrador, and Prince Edward Island; and remained constant in Alberta, Ontario, the National Capital Region and Quebec.Footnote 10

As Figure 1 illustrates, the IM/IM is not considered to be a "use of force continuum", nor does it imply a linear path of use of force by police. Rather, the circular representation of the model infers that any level of intervention is available to the member, at any time, in order to effectively manage the suspect's corresponding level of resistance and account for situational factors and risk as assessed and perceived by the member. The IM/IM framework has the RCMP's problem-solving model known as CAPRA (Clients/Acquire and Analyze/Partnerships/Response/Assess) as its focal point (RCMP, 2011).

Part Two presents descriptive analyses of CEW-related SB/OR reports completed by RCMP officers between January 1 and December 31, 2010. The various analyses have been organized in a way so as to correspond, as closely as possible, with the various categories found in the SB/OR system.

Members were called to a bar fight and a male suspect was seen leaving the bar. The subject managed to elude the police, while members continued to search for him. The subject had reportedly broken a beer bottle over another person's head and then left the scene. A short time later, a male matching the description of the subject was seen walking back in the direction of where the fight had taken place, with a golf club in hand. Members approached and placed the subject under arrest. The subject then fled from the members. A further search for the subject was done and he was located on the front deck of his home. The subject called on the members and stated that there would be a fight if they tried to arrest him. The subject then threatened to shoot the members with a 9mm handgun and stated that they would have to take him out if they wanted to arrest him. The subject could be seen standing in his doorway but would not show his hands to the members. The subject was very belligerent with the members and would not show himself completely. The subject was believed to have just assaulted a person with a weapon, was seen carrying a golf club back in the direction of the fight, and fled police when confronted. The subject was continually aggressive towards the members and repeatedly stated that if approached, he would fight or shoot the members. The subject eventually retreated back into the residence. Member no. 1 gained a vantage point at the front of the house while member no. 2 maintained lethal over-watch. The door opened and member no. 1 heard what he believed to be a shot from a firearm. The other members immediately used trees and anything they could for cover. Member no. 1 heard another sound, very much like the first sound, and saw the subject standing in the doorway. At this time, however, member no. 1 could not confirm whether the subject had a weapon in his hands. Given the violent nature of the assault to begin with, and the threats uttered by the subject at members, member no. 1 deployed the CEW to prevent the subject from accessing any other weapons and to prevent any injury to members, as the subject had now escalated the incident to either shooting at members or at least throwing objects at them to try and injure them. After the subject was taken into custody, it was discovered that the subject had been throwing golf balls at the members.

The RCMP received a complaint that a man had broken into a residence through the kitchen window. The complainant stated that the subject was violent and intoxicated, but did not know if weapons were involved. After talking to the complainant on scene, the member determined that the subject had committed break and enter. Due to the fact that the complainant was upset and believed that the subject was violent, the member feared grievous bodily harm, or even possibly death, to all involved and, as such, decided to use his/her CEW to clear the residence. The member did not know if the subject was armed with a weapon or not, nor did he/she know his state of mind or ability to harm another. The member believed his/her CEW to be the most effective, least harmful, intervention tool at the time. The member entered the residence after taking his/her CEW out of its holster. The member announced RCMP presence and went down the steps of the basement. The member announced police presence again and ordered the subject to come out. There was a small central room with three closed doors from it. The member threw open the first door, announced RCMP presence, and cleared the small furnace room from the doorway. The member repeated this sequence for the next door. The third door opened and a male stepped out. The member trained the CEW upon him and ordered him to step out to the middle of the central room and to kneel upon the floor. The member kept the CEW in the low-ready position until member no. 2 had the male under control in handcuffs. Member no. 2 removed the subject from the residence while the other member cleared the remaining rooms in the basement. At this point, the member re-holstered his/her CEW.

For 2009 and 2010, the RCMP's "A" Division (National Capital Region), "C" Division (Quebec), and "O" Division (Ontario) did not generate any CEW reports.

As has historically been the case, a large proportion of CEW reports were generated by the western provinces in 2010. Together, British Columbia, Alberta, Saskatchewan and Manitoba contributed about 80% of all reports. This percentage was approximately the same as last year's figure (78.5%). While British Columbia produced more reports than any other province, the comparative gap was much less significant than it has been in the past. In 2009, the RCMP in British Columbia created 1.86 times as many reports (in terms of CEW usage) as the next closest province, Alberta. By comparison, the ratio was only 1.19 in 2010.

As an intermediate force option, one of the goals of CEW usage is to de-escalate increasingly serious situations, thus avoiding the need for lethal force. This section of the report examines CEW attempts to de-escalate subject behaviour. It considers only incidents in which the CEW was drawn but not ultimately deployed, as deployment is taken as de facto evidence that the CEW did not function as a mechanism of de-escalation. This is not to say that the CEW should never be deployed, as CEW deployment can effectively resolve an incident in many cases. But, in terms of de-escalation, engagement does not represent a positive outcome. De-escalation also considers only those behaviours categorized as passive resistant or higher. After taking these considerations into account, the results in this section are based on 352 cases.

Another significant form of assaultive behaviour in 2010 CEW incidents consisted of threat cues (77 cases, or 32.1%). Threat cues are prompts or warning signals that RCMP members recognize as precursors to more aggressive behaviour. Threat cues included such things as adopting a bladed or boxer's stance, intense staring, the clenching and unclenching of fists, and noticeable body tensing. In many cases, threat cues were exacerbated by closing the distance. In other words, these behaviours became even more worrisome when the subject began to move toward the officer. Earlier, it was noted that non-compliance coupled with threat cues was sometimes identified as being actively resistant. However, it is much more commonly classified as assaultive.

In contrast to the above, approximately two-thirds (66.4%) of all RCMP members across Canada who were CEW-certified in 2010 were serving in British Columbia (465 members), Alberta (646 members), Saskatchewan (505 members) or Manitoba (383 members) (Baldwin and Lackie, 2011: 30).Footnote 11

Moreover, while the decrease in the average number of cycles was not large, it was nevertheless statistically significant (Figure 32a and Table 32 in Appendix 2). Specifically, 2010 experienced far fewer cases of the CEW being cycled two or more times.

As demonstrated in Figure 18a (see also Table 6 in Appendix 2), results show that only a small number (3.5%) of subjects were injured by CEW usage in 2010. Puncture marks which are characteristic of probe deployment are not considered by the RCMP to constitute injury. Subjects who were injured were almost always (91.3%) offered medical attention, and most of those who were offered medical treatment accepted. RCMP members were treated for injuries in only a fraction (1.4%) of CEW-related cases.

In push-stun mode, the device is pressed against the subject and a charge is delivered through small, non-penetrating probes. In probe mode, two small barbs with wires attached are ejected from the CEW and embedded into the subject's skin or clothes; an electrical charge is then delivered through the wire tethers.

Among the most significant changes to the SB/OR Reporting System is its increased emphasis on capturing subject behaviour. Figure 11 (see also Table 4 in Appendix 2) presents several of these subject-oriented variables. The general categorization of subject behaviour indicates that most subjects (84.7%) encountered by RCMP members in CEW incidents were at least actively resistant. More specifically, 18.8% of subjects were deemed Actively Resistant, 36.6% were thought to be Assaultive and 29.3% displayed behaviour consistent with the intent to cause Grievous Harm or Death (10% of subjects involved in CEW incidents were considered Cooperative).Footnote 14

For the purpose of illustration, we begin by testing the association between CEW Deployment and Substance Use (Figure 19 and Table 7 in Appendix 2). In this case, both variables were measured dichotomously as in "yes" or "no". That is, the CEW was either deployed or it was not, and substance use was either perceived by RCMP members to be involved or it was not. The proportion of "yes" answers for CEW Deployment is of particular interest here. Figure 19 shows that when substance use was not involved, the CEW was deployed 22.9% of the time. However, when substance use was manifest, the proportion of cases in which the CEW was deployed rose to 35.3%. The chi-square statistic of 8.24 (at one degree of freedom [df]) is significant (p < 0.05). Thus, we can conclude that substance use was related to CEW usage and that it significantly increased the probability that the CEW was deployed by RCMP members.

As has commonly been the case in the past, in 2010, the vast majority of CEW reports were filed by General Duty (96.5%) RCMP members with the rank of Constable (91.1%) (figures 3 and 4; Table 1 in Appendix 2). This is expected given that the majority of the RCMP's front-line members are uniformed constables.

Member no. 1 located a male in the north parking lot sitting alone in a gazebo. Member no. 1 observed that the male matched the description given by the complainant: dressed all in black, wearing a toque. Member no. 1 requested that member no. 2 attend his location to speak with the male. Members no. 1 and no. 2 approached the male in the gazebo. The male stood up from the bench and walked out into the parking lot. Member no. 1 told the male to stop advancing. Member no. 2 asked the male what his name was, but he did not respond. Member no. 2 subsequently asked him three times, but the male would not speak. Member no. 2 could see that the male was starting to tense up his body and become agitated. Member no. 1 commanded the subject to his knees. Member no. 2 pulled out his CEW to cover member no. 1 as he advanced on the subject. Member no. 1 was able to guide the subject to the ground without injury.

In addition to the general query regarding the behaviour exhibited by the subject, the SB/OR Reporting System also asks RCMP members the following question: Based on your assessment, did you perceive a threat from the subject that was greater than the behaviour being displayed during this event? In almost half of all cases (and two-thirds of cases if "Grievous Harm or Death" is excluded, as perceived greater threat does not apply), RCMP members noted that there was some factor (or combination of factors) that elevated situational risk (Figure 12a).

RCMP training warns against the over-use of the CEW as a means of compliance. Members are instructed to assess the appropriateness of CEW use based on the ineffectiveness of, for example, officer presence, communication skills, police instructions/commands, or direct physical attempts at control without a weapon, and the subject's threat/behavioural level as represented in the RCMP's IM/IM. In fact, RCMP CEW training evaluates whether the weapon was properly used taking into account, among other things, the degree of communication between the officer and the subject before, during, and after the incident, and whether de-escalation tactics were considered prior to the deployment of the weapon. Reinforcing this practice, section 3.1.3 of the RCMP's Operational Manual on CEWs states that "[w]here tactically feasible, members will use de-escalation techniques and/or other crisis intervention techniques before using a CEW." Likewise, the Braidwood Commission on Conducted Energy Weapon Use (2009: 19) recommended that:

Braidwood Commission of Inquiry on Conducted Energy Weapon Use (2009). Restoring Public Confidence: Restricting the Use of Conducted Energy Weapons in British Columbia. Vancouver, British Columbia: Braidwood Commission of Inquiry on Conducted Energy Use.

Figures 39a and 39b (see also Table 39 in Appendix 2) present data at the Force-wide level. Again, Figure 39a illustrates the long-range trend of declining deployment rates since 2005 and the corresponding increase in the CEW being used as a tool of deterrence, particularly as of 2008.

6.3.3. Maintain a sign out log form 6333 for each CEW assigned to the unit by recording the time, date and name of each member signing out a CEW.

Members were executing a warrant at a residence. The residence was well known to members as a location where alcohol was purchased and consumed. Members had reason to believe that there was a possibility of numerous intoxicated subjects being present. Members approached the residence, knocked on the door, and announced: "Police Search Warrant." This was said a number of times. There was no response from within the residence and at this point members used force to kick down the door. Member no. 1 entered the residence with his CEW drawn, activated and at the low-ready position. Member no. 1 entered the dwelling and located the suspect. Members were able to clear the residence with no injuries to the police or the public. The suspect complied with members' directions and demonstrated cooperative behaviour before, during and after the search with no change in behaviour.

The types of events that typically lead to CEW usage tend to result in more than one police officer responding to the call. On average, 3.1 RCMP members were present at CEW-related incidents in 2010 (Figure 5; Table 2 in Appendix 2). This is a slight increase from the previous year's figure of 2.8 members (see Table 29 in Appendix 2).

It was dark in the residence. Members approached the subject, who was face down with his hands hidden. Member no. 1 kept the CEW trained on the subject while member no. 2 went hands-on to arrest the subject. The subject became highly resistant at this time. Member no. 1 issued the CEW challenge, but the subject did not respond. Eventually, member no. 1 re-holstered the CEW and assisted member no. 2 in getting the subject's hands out from under his body and placing him in handcuffs.

Placed in historical context, the increase in the mean number of CEW reports per RCMP member involved in a CEW incident in 2010 is not as unusual as it first appears (Figure 34 and Table 34 in Appendix 2). Rather, 2009 was a somewhat anomalous year in terms of the number of RCMP members with multiple reports. The 2010 value of 30%, while still the highest recorded, is more comparable to the values reported between 2006 and 2008.

6.4.1. Ensure that supervisors as well as Divisional Use of Force Coordinators/delegate review all SB/OR reportswhen a CEW was used as soon as possible after they are completed for adherence to applicable directives.

In very rare cases, RCMP members either threaten the use of a CEW or actually deployFootnote 2 a device as an intervention option to control a subject. In June 2011, the RCMP provided the Commission for Public Complaints Against the RCMP (Commission) with 2010 CEW data from its Subject Behaviour / Officer Response (SB/OR) Reporting System. The present report, comprised of 9 sections,Footnote 3 provides the results of analyses conducted by the Commission pertaining to the RCMP's use of the CEW in calendar year 2010.

With respect to Incident Type,Footnote 12 the three most common incidents involving CEWs in 2010 were Assault (25.8%), Mental Health (15.4%) and Assault on a Police Officer (12.7%). By aggregating the various sub-categories of assault (i.e. assault, sexual assault, and assault on police and other peace officers), all assault-related incidents represented approximately two in every five occurrences (39.2%). And, as demonstrated in Figure 2 and Table 1 (see Appendix 2), the remaining incidents were spread across a wide variety of offences and circumstances.

4.1. Only candidates taking the CEW User Course or the CEW Instructor Course or the Cadet Training Program are permitted to participate in the CEW Voluntary Exposure Exercise. Any such exposure is to be done under the direct supervision of an RCMP CEW Instructor.

Following these reports, the Commission began to systematically analyze the RCMP's use of the CEW on a yearly basis. The first report, which examined RCMP CEW usage during calendar year 2008, was released on March 31, 2009. On June 24, 2010, the Commission released its analysis of the RCMP's use of the CEW during the 2009 calendar year.

There are also a few clear differences with respect to Incident Type. Specifically, youth were less likely to be involved in cases of "assault" but more apt to be involved in "weapons offences" with respect to 2010 CEW-related incidents.

2.5. Probe mode means the deployment of an activated CEW by discharging and propelling two electrical probes, equipped with small barbs that hook onto a subject's clothing or skin, allowing electrical energy to be transferred to that subject.

Active resistance is a highly varied behavioural categorization. As the term suggests, active resistance most often involves specific adversarial behaviours on the part of the subject. In 2010, active resistance on the part of subjects was identified in 123 CEW events. Over one-third (43 cases, or 35.0%) of active resistant events involved the following:

At 4:26 p.m., member no. 1 arrived with a signed warrant, and a search for the subject began. Member no. 1 was advised that the subject was hiding in the attic, underneath the insulation, as this was the only area where the insulation had been disturbed. Member no. 1 entered the residence to assist, and member no. 2 indicated that there was a knife missing from the block of knives on the kitchen counter. Given that the subject was known to be violent and may be armed with a knife, member no. 1 went up into the attic and took his CEW out of its holster with the laser light activated and advised the subject that the police knew he was there and that member no. 1 had a CEW trained on him. Member no. 1 immediately saw the subject's hands come up from underneath the insulation and he was advised to keep them raised so that police could see them, and to move slowly. The subject was very cooperative and complied with all directions asked of him. He stood up on his feet and kept his hands visible the entire time.

Passive resistance was the smallest of the behavioural categories. Unlike the classification of "cooperative", the designation of passive resistant does not lend itself to easily identifiable sub-categories. Generally speaking, passive resistance refers to circumstances where subjects were uncooperative or non-compliant, especially with regard to following police officers' instructions. For example, subjects were not listening to the RCMP members' orders, but they were not yet behaving in a way that could be perceived as being actively resistant.

1.6. Members whose CEW certification has lapsed must not use the CEW operationally until the re-certification training has been completed.

7.3.2. Training Cartridges permitted for use in training are: blue TASER simulation Air Cartridge model 44205 with a 21-foot, non-conductive nylon wire for use in RCMP scenario-based training. This training cartridge will be purchased only by CEW instructors or Division Training Coordinators.

Essentially, a conducted energy weapon (CEW) is a less-lethal device that delivers high voltage, low current, electrical shocks with the intent of temporarily incapacitating a subject through involuntary muscle contractions or pain compliance. In Canada, CEWs are prohibited weapons under the Criminal Code and as such are not available to the general public.

In other cases, negotiation and communication skills, rather than the CEW, were effective in bringing an incident to its successful conclusion.

NOTE: Candidates participating in the CEW User Course, CEW Instructors Course or the Cadet Training Program may handle/use the CEW under the supervision of an instructor as prescribed by course material.

Section 25 of the Criminal Code of Canada empowers police officers to use as much force as is necessary in enforcing the law. In situations where a police officer believes that there exists a reasonable risk of death or grievous bodily harm to any person, that section specifically authorizes him or her to use lethal force in response to the threat.

The member was advised that the subject had jumped off a snowmobile near the shed out back. The member approached the shed and advised the subject that he was under arrest and to place his hands on the wall. The subject stated that he was going into the shed, and proceeded to open the door. The member feared that there were possible weapons inside the shed, as it is a common practice for the local people to store their firearms in this manner. The member drew his/her CEW and held it at the low-ready position. The member again told the subject to place his hands on the wall. The subject appeared as if he was going to enter the shed. The member pointed the CEW at the subject's centre of mass and told him to put his hands on the wall or he would be hit with 50,000 volts of electricity. At this point, the subject complied with the commands and placed his hands on the wall of the shed. The subject was handcuffed and the CEW was holstered.

NOTE: This is a newer version of the currently approved TASER Standard Air Cartridge model 34222 which is no longer available for purchase. Model 34222 is still approved and will be phased out through attrition.

The chi-square test is a widely used method for measuring whether or not a statistically significant relationship exists between two nominal or categorical variables. In the field of statistics, a result is called "statistically significant" if it is unlikely to have occurred by chance.

On average, male and female subjects were approximately 31 years of age. In addition, 7% of all subjects were 50 years of age or older. These figures are comparable to those recorded in previous years by the RCMP.

The statistics for Deployment Type are consistent with the conclusions drawn from Table 52: i.e. the CEW is used much more as a deterrent against youth compared to the rest of the population. In particular, the figures for "Laser Sight Activated" and "Draw and Display" are both considerably higher when the subject is a youth.

While the RCMP's "V" Division, "L" Division, "K" Division, "D" Division, and "M" Division each experienced higher CEW deployment rates compared to the total Force-wide average, all divisions seem to reflect the overall trends in usage and deployment. In general, there is surprisingly little variation between divisions. In addition, there do not appear to be any "red flags" or areas of concern. For a more detailed breakdown of figures at the RCMP divisional level, please refer to tables 40 through 50 in Appendix 2.

Non-compliant behaviour, in conjunction with other situational characteristics, can also be classified as active resistance (20 cases, 16.3%). Subjects that were not cooperative in circumstances heightened by the presence of a weapon or threat cues were often noted as active resistant. The most common example of non-compliance that constituted active resistance involved subjects' unwillingness to show their hands. Illustrative examples of all three of these circumstances are provided below.

2.2. Data download means the retrieval of information, recorded and stored in the CEW about its deployment, through the data port-function by connecting the data port to a computer. A data download provides information about CEW usage which can be valuable to an investigation.

Dispatch received information from a complainant that an assault had taken place. The subject was violent, intoxicated, had a hatred/personal grudge against one of the responding members and was looking for payback. The complainant stated that if the subject knew that police were on their way, he would attempt to leave and avoid police capture at all costs. The subject was well known to police and extreme caution was always taken when dealing with the subject. The Operations Communications Centre's Risk Manager advised the three members attending to wait for backup, due to the violent nature of the subject. On arrival, the members approached the front door of the residence. The subject came to the door after several knocks and police presence was announced. The CEW was trained on the subject when the subject opened the door. The subject was told to exit the house, but he refused and began walking back inside, stating that he did nothing wrong. With CEW over-watch, two members advanced and restrained the subject's arms as he began to walk into another room. The subject then became compliant and handcuffs were placed on the subject. At this point, the CEW was re-holstered.

The RCMP's Subject Behaviour / Officer Response (SB/OR) Reporting System is a standardized method of recording subject behaviour and the use of intervention options. RCMP members are to complete a SB/OR report if they are involved in an incident where the intervention option consisted of: (a) the use of hard physical control, intermediate weapons, or lethal force; or (b) the use of soft physical control which resulted in an injury to the subject, RCMP member, or other person.

7.3.7. An operational cartridge should not be stored and carried in the extended DPM of the Taser Model X26E. Cartridges are to be stored in the cartridge carrier/holder provided on the holster.

5.6.2. Photograph the injury or afflicted area as observed, or the area of the injury or affliction as described by the subject and secure as evidence.

It should be noted that, because of the special issues that often accompany policing in Canada's northern regions, some of the Commission's previous CEW annual reports have devoted detailed attention to RCMP divisions and detachments in the North (i.e. Yukon, Northwest Territories and Nunavut). In contrast to past years, however, there were simply too few CEW cases from the North in 2010 to attempt either generalizations or comparisons with previous years.

Figure 36 (see also Table 36) demonstrates that the decrease in CEW engagement between 2009 and 2010 is indicative of a much longer-term trend. From 2002 to 2004, the rate of deployment rose from 72.1% to 91.0%. Put another way, in 2004, almost all CEW occurrences resulted in deployment. Since that pinnacle in 2004, the rate of deployment has declined every year. By 2007, it had essentially returned to 2002 levels. The decline between 2009 and 2010 was not as precipitous as it was between 2008 and 2009, but it was still significant. It is also worth noting that the overall number of reports dropped for the fourth year in a row.

6.5.1. Review all SB/OR reports as soon as practicable after they are completed to ensure consistency with national directives.

As described in Part Six, section A.1, 65 CEW incidents (9.9%) were categorized by RCMP members as involving a cooperative subject. And, 50 (76.9%) of these incidents appear to be broadly associated with what might be termed "tactical entry" or "tactical approach". In general, these are incidents in which members were serving a warrant, or were approaching a crime in progress, and where a CEW was drawn as a precaution prior to entering a residence, other building, or situation.

7.3.1. Operational Cartridges permitted for operational use, with both the M26 and X26E are: TASER Standard Air Cartridge model 44200 with 21-foot filament.

The second issue addressed through bivariate analyses relates to the issue of injury seriousness. The RCMP's previous CEW usage reports collected information on whether subjects had been examined at a medical facility. Medical examination was taken as a rough proxy for seriousness or severity of injuries, with the caveat that subjects were sometimes taken for medical exams even if their injuries were not directly related to the use of a CEW.Footnote 18 However, as noted earlier in Part Three, the present SB/OR Reporting System generates far less detail regarding the consideration of injuries. As shown in Table 6 (Appendix 2), while the SB/OR Reporting System collects data and information related to subject injuries, very few cases of injuries were reported. Medical treatment was offered in a large proportion of cases involving injury, and such offers were almost always accepted by subjects. The new Medical Examination variable is derived from the SB/OR variable Subject Level of Treatment, which is filtered to ensure that only injuries related to the use of the CEW are considered.

Similar to push-stun mode, probes were usually deployed only once (Figure 17a; see also Table 5 in Appendix 2). Further, when deployed in probe mode, it was not uncommon for the CEW to be cycled only once (Figure 17b); cycles of greater number occurred in only 9% of successful probe deployments. A value of 0 for Number of Cycles indicated that one or both probes did not make contact with the subject and, as a result, the weapon did not cycle (see also Number of Probe Impacts in Table 5, Appendix 2).Footnote 16 The chest, back and lower body were the most common impact locations. And, in contrast to push-stun mode usage, RCMP members were more apt (60%) to employ the probe mode for a full cycle duration.

The member attended the subject's residence to arrest him for breaching his probation order. The member was invited in by the subject's mother and step‑father. The member then spoke to the subject in the entryway and informed him that he was under arrest for breach and would be spending the night in custody. The subject appeared to understand. He started to cry and went over to hug his mother. After the hug, the subject then proceeded to walk into the kitchen, so the member detained the subject by grabbing his arm and again informing him that he was under arrest. The subject pulled away from the member and said: "Don"t touch me." It was at this point that the subject reached for a knife on the kitchen counter, turned away from the member, stabbed his own stomach, and fell to the floor. The weapon was a butter knife and was thrown off to the side by the subject. The kitchen was very small; the subject's mother was on his right side and his girlfriend was on his left, while his father was also in the kitchen. Due to the small size of the room and the number of people present, the member got on the subject's back, unholstered his CEW and turned it on. The CEW was placed in the back of the subject and the member demanded that the subject put his hands behind his back. The subject refused and grabbed a hold of the kitchen table. The member gave the subject the CEW warning and told him again to put his hands behind his back. The subject then put his hands around his back and was handcuffed.

In contrast to assaultive cases where subjects fight with police officers, there was a small number of cases (28, or 14.6%) where the subjects' clear intent was to do serious harm to the RCMP members.

While RCMP members were setting up a perimeter, the subject exited the house unexpectedly. A member told the subject to be still, but the subject hesitated for a moment. Observing that the subject was tempted to flee, the member deployed a CEW to prevent the subject from either entering a vehicle and leaving the scene (and possibly attempting to realize his plan to kill his ex-wife's family), or possibly using the weapon that he had in his possession to harm the officers.

The Commission would also like to thank Mr. Simon Baldwin of the RCMP's National Use of Force Unit for his cooperation and assistance in terms of responding to requests for data and information in a timely and comprehensive manner.

Simply stated, with one notable exception, none of the variables analyzed were significantly related to medical attention. Figure 24 (see also Table 15 in Appendix 2) shows an association between Deployment Mode and the need for medical attention. Specifically, probe mode produced a greater proportion of medical cases than did push-stun mode.

6.4.3. If required by provincial or territorial policy, forward quarterly and annual reports on CEW use to the appropriate provincial or territorial ministry.

Having established a descriptive framework in the previous section, this report now turns to bivariate relationships. In contrast to descriptive statistics, bivariate analyses allow for the testing of relationships between two variables. For example, the first set of analyses presented in this part of the report considers the relationships between CEW deployment and the various conditions surrounding the events. Specifically, chi-square (x²)Footnote 17 analyses were conducted to compare CEW deployment (or non-deployment) with the following variables:

The situation with regard to CEW usage in mental health incidents declined in 2010 by about two-thirds the number reported in 2009. Figures 50a and 50b (see also Table 59 in Appendix 2) indicate that the proportion of both total CEW reports related to mental health incidents and total CEW deployment or engagement reports involving the mental health designation returned to 2008 levels after increases in 2009. As well, the percentage of mental health reports where the CEW was engaged continued to fall, showing a trend of declining deployment rates since 2005.

The probability of deployment of the CEW for these types of events was also greater than the overall average, particularly when engaging the device in probe mode (Figure 56a and Table 63 in Appendix 2). In other words, the CEW is more likely to be deployed in CEW incidents when the subject is deemed to be suffering from a mental health issue (Figure 56b).

Incident Type (Figure 20 and Table 10), Subject's Age (Figure 22 and Table 12), Emotionally Disturbed (Figure 23 and Table 13), RCMP Division (Figure 21a and Table 14a) and Member's Years of Service (Figure 21b and Table 14b) all showed a similar pattern of a positive relationship.

It is somewhat surprising that the numbers pertaining to perceived substance use and alcohol were relatively low for youth compared to the total population (see Table 55 in Appendix 2).

A summary of the factors relevant to the circumstances surrounding CEW usage by the RCMP in 2010 is presented in figures 1 through 4 below, and in Table 1 (see Appendix 2).

Zero (0) probe impact indicates that neither probe made contact with the target. One (1) probe impact indicates that one probe made contact with the target, while the other probe did not. Two (2)probe impacts indicate that both probes made contact with the target. The CEW will only cycle if both probes make contact with the target.

7.2.2.3. Use only the following authorized AA batteries listed in order of preference: Taser International (Rechargeable NiMH 44700); and Eveready Energizer ACCU (Rechargeable NiMH in 2100 mA or more).

9.1.1.3. a supervisor of an incident, a Divisional Use of Force Coordinator, a Criminal Operations Officer, or NCROPS determines that testing is warranted in the circumstances, including in order to address any concerns about the performance of a CEW or the circumstances or impacts of its use; or

The remaining 53 assaultive events (22.1%) were more ambiguous and difficult to further classify. Often, it was simply the totality of the situation which led to the assaultive assessment, as in the following example:

As in previous years, RCMP members perceived substance use amongst subjects in a large percentage (76.0%) of events involving the CEW. Alcohol was believed to be involved in two-thirds of all cases, while drug use was suspected in over one-quarter of incidents. While these figures are high, it is worth noting that they have been in decline over the past four years. These declines are not precipitous, but it remains unclear as to why substance use is playing a slightly diminished role in CEW incidents.

As per the RCMP's CEW policy, "Members must fully and accurately report and articulate their actions." In the present study, however, it was observed in numerous cases that the various narrative sections of the SB/OR Reporting System filled out by RCMP members were incoherent, inaccurate and/or incomplete. As a result, the RCMP should consider reviewing its policies and practices regarding quality assurance and the inputting of data and information about CEW use and deployment into the SB/OR Reporting System. Moreover, the RCMP should consider whether it is necessary to provide additional training or guidance to members and those in supervisory roles about this issue.

Regular Member (Police Officers) – For the purpose of the present report, the term "member" refers to regular RCMP officers who are trained and sworn as peace officers. Civilian members and public service employees of the RCMP are not authorized to use CEWs.

CEW Challenge – Standard form of police articulation, prior to the use of the CEW, designed to identify the officer and make the subject aware of the consequences of CEW deployment (Example: "Police – stop – or you will be hit with 50,000 volts of electricity!").

5.6.4. Collect the expended cartridge and probes as taught in CEW training, and secure them as an exhibit for a minimum of 90 days. Cartridges that are not required for criminal, civil, or code of conduct investigations can be disposed of after 90 days.

The presence of a weapon was identified in over 60% of CEW events in 2010, marking a significant increase over previous years (Figure 13a; see also Table 4 in Appendix 2). This is an area that experienced a shift in languageFootnote 15 in the RCMP's SB/OR Reporting System, possibly producing the change in the results. Nevertheless, this should not downplay the significance of the rise in the presence of weapons; it merely suggests that some proportion of the increase might be attributable to differences in the manner in which the information is currently being recorded by the RCMP compared to previous years.

9.1.5. A CEW that tests outside of the manufacturer's specifications will be removed from service by the Division and will be returned to the armourer for destruction.

Moreover, as noted previously in Part Seven of the present report, mental health incidents in 2010 primarily involved subjects who were suicidal (67.4%), most of whom were in possession of a weapon such as a knife (figures 54a and 54b; see also Table 63 in Appendix 2).

In the Commission's previous CEW annual reports, the present section has been titled Narrative Summaries, whereby qualitative coding techniques were used to provide more detailed information on the context that gave rise to CEW incidents and to produce broad categories of CEW-related behavioural circumstances. However, the RCMP's SB/OR Reporting System now includes a classification for Subject Behaviour (see Table 4, Appendix 2). As a result, Part A of this section instead tries to provide the context for these classifications. Part B, on the other hand, looks more directly at the issues of escalation and de-escalation in relation to CEW usage.

SB/OR Example: The Subject showed active resistant behaviour by running away from members through the hallway, turning left into the last bedroom.

SB/OR Example: RCMP members ordered the subject to show his hands. He did not comply and attempted to stand up, displaying actively resistant behaviour.

There are two groups of subjects that require special consideration in the context of CEW usage and deployment by RCMP members. The first are youths, defined here as subjects under the age of 18, while the second are subjects identified in CEW reports as exhibiting mental health problems or suicidal behaviour. This section of the report uses descriptive statistics to better understand the nature of CEW cases involving these two groups. The various figures in this section (and the corresponding tables in Appendix 2) are comparable to the descriptive statistics found in Part Three of the present report.

7.2.2.1. Given the specialized and particular power supply requirements for the M26, only RCMP-approved batteries are to be used. See App. 17-7-2 for battery-reconditioning method.

As member no. 1 attempted to open the door of the subject's vehicle, finding it to be locked, the subject threw his vehicle into drive and, revving the vehicle to high RPMs in the process, indicated his intent to drive away from the members, thus exhibiting active resistant behaviour. An arm bar technique was applied to the subject by member no. 1 as an initial attempt to have him comply with the ongoing demands to stop his actions. The subject's vehicle then suddenly became mobile as member no. 1 had a firm hold on the subject's left arm, thus pulling the member forward beside the moving vehicle. Member no. 2 observed this and felt that the subject may be holding onto member no. 1 or that member no. 1 had become entangled with the vehicle or subject in some way. Member no. 2 interpreted this as being an imminent threat to the safety and well-being of member no. 1, displaying behaviour concurrent with grievous bodily harm or death. Member no. 2 deployed OC spray in an effort to stop the threat of these actions. Member no. 2 deployed a burst of the pepper spray into the facial area of the subject just as he was beginning to accelerate down the road with member no. 1 in tow for approximately 25 feet. Members then observed the subject continue to accelerate down the road, his driving pattern continuing to deteriorate until the subject ultimately entered a ditch approximately 200 metres down the road and coming to a full stop in an open field. Given the events that had just transpired and the fact that the subject had clearly shown no regard for the safety of members, member no. 1 approached the vehicle and drew the CEW as to have an additional intervention option available should the subject continue demonstrating reckless behaviour. The subject acknowledged that he would now comply with police commands and was arrested without further incident.

Since 4th quarter data and, by extension, 2010 annual data broken down by RCMP division were not available from the RCMP at the time of writing this report, 3rd quarter data from 2010 pertaining to RCMP members who were CEW-certified was used as a proxy measure.

6.1.7. As outlined in ch. 17.8., complete a Subject Behaviour/Officer Response (SB/OR) report every time a CEW is used, and attach the completed copy to the operational file. For the definition of ‘use' of a CEW, see sec. 2.8.

7.1.1. The CEW is a prohibited firearm. The CEW and its cartridges must be secured in accordance with the Public Agents Firearms Regulations.

2.6. Push stun mode means pressing or pushing an activated CEW onto designated push/stun locations on a subject, allowing electrical energy to be transferred to that subject.

With respect to tables 57 and 58 in Appendix 2, the very small number of cases renders any comparisons virtually meaningless.

7.4.2.2. after the download is complete, ensure the CEW is returned to the Senior Armourer, "Depot" Division for repair or replacement. See FM ch. 6.4.

As per the RCMP's CEW policy, "Where tactically feasible, members will issue a verbal warning so the subject is aware that a CEW is about to be deployed." The RCMP should ensure that the data and information associated with the issuance of verbal warnings during CEW events are adequately captured as a mandatory field in the SB/OR Reporting System.

Several important subject characteristics are captured in Table 3 (see Appendix 2) and displayed in figures 7 through 10 below. The overwhelming majority (91.4%) of subjects involved in 2010 CEW-related incidents were male.

6.3.2. Ensure the original CEW package received contains one CEW, fully charged Digital Power Magazine (DPM), one instruction book, one DVD, and one holster (Blade Tech Tek-Lok - for plain clothes use only).

The subject had his hands in his pockets and RCMP member no. 2 requested that he remove them. The subject then turned to member no. 2 and said, "What are you going to do if I come at you?" While stating this, the subject clenched his right hand into a fist and motioned in an aggressive manner toward member no. 2 (who was standing on the subject's left side). Member no. 1 and member no. 2 therefore took hold of the subject on each side and put him onto the floor. Member no. 1 went to the ground with the subject, who, during this time, was still assaultive and kicked the member with both feet. Member no. 1 fell backward and hit the wall. Member no. 1 stood up and drew the CEW, as the subject was still assaultive toward member no. 2, who was trying to gain control of the subject's arms. The subject had spit in member no. 2's face and continued in an assaultive manner. The CEW was turned on by member no. 1, and the cartridge was removed. Member no. 1 leaned down and used the CEW in push‑stun mode against the subject's lower back. There was no warning given for the CEW at this time, as the members were physically attempting to gain control of the subject. Member no. 1 used the CEW in push-stun mode due to the close proximity of the subject [emphasis added]. Member no. 2 was trying to take control of the subject's right hand while Security personnel tried to assist by taking control of the subject's left hand. After one cycle of the CEW, the subject was told to give the police his hands. Member no. 1 then gave Security personnel handcuffs while member no. 1 remained kneeled down with the CEW on the subject's lower back in case it was needed. Member no. 2 assisted with handcuffing the subject.

Introduced in a number of pilot jurisdictions in 2009, SB/OR reporting fully replaced the RCMP's CEW usage reports in 2010. As a result, the present report is based solely on CEW data collected through the new SB/OR Reporting System. This change in reporting mechanisms is reflected in a number of areas throughout the report.

In the following example, the subject was looking for a means of escape, but had not yet attempted to effect his escape.

The subject was off his medication. He was believed to be in possession of a knife. The subject was in his room. The member walked to the doorway and asked the subject to exit the room, informing him that he was under arrest under the Mental Health Act. The subject refused to leave and stated, "F**k you," clenched his fists, and took a bladed stance. The member drew his CEW, prompting the subject to back off and drop his fists so that his hands were visible. The members controlled the subject with soft physical control and placed him in handcuffs. The subject was then transported to the detachment for further processing.

The RCMP should continue to make refinements to its SB/OR Reporting System. For example, as was done in its previous CEW reporting system, the category of "drugs" should be further broken down into sub-categories, such as marijuana, cocaine, heroin. In cases where this information is known, it could prove valuable in terms of monitoring trends around CEW usage and deployment.

6.2.1. Ensure members submit a SB/OR report. When a CEW was used, review reports for adherence to applicable policies as soon as practicable.

Taser® – Brand name for the conducted energy weapon used by the RCMP. There are also other companies that manufacture similar devices.

According to Figure 44 (see also Table 54 in Appendix 2), in 2010, youth-related CEW incidents drew slightly fewer RCMP members relative to the overall average.

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The statistics on deployment continue to demonstrate a downward trend as noted in the Commission's previous annual CEW reports. CEWs were deployed in one (1) out of three (3) incidents in 2010, showing a slight decline compared to 2009. The threatened use of CEWs by RCMP members is being used more and more as a deterrent or method of de-escalation, without the device having to be deployed.

1.2. The fluorescent yellow stickers on the CEW are intended to differentiate it from the pistol and must not be removed or altered under any circumstance.

In recent years, the use of the CEW by the RCMP has been examined in a number of Chair-initiated complaints. Resulting reportsFootnote 6 made a combined total of 45 recommendations to the RCMP, including 8 specifically related to the CEW.

*There were a small number of cases where the number of cycling was recorded as 0 (67, 3.0% of total) or missing (17, 0.8%). As a result, "Cycling" columns may not add up to 100%.

As the name suggests, this category, identified in 192 CEW events, represents the most dangerous level of subject behaviour.Footnote 20 In these incidents, a subject demonstrates either the intent to cause serious harm or the capacity to do the same, or both. In 2010, the most prevalent type of incidents within this category (82 cases, or 42.7%) involved subjects deemed to be suicidal. These subjects were almost always in possession (or had just been in possession) of a weapon. The following is a very typical police encounter with a suicidal subject. Notice that it was not just the RCMP members' safety that was at issue. In these cases, members were equally as concerned for the subject, along with other parties that may have been involved.

3.1.3. Where tactically feasible, members will use de-escalation techniques and/or other crisis intervention techniques before using a CEW.

Members already on shift had located a suicidal male who had left the hospital and had stated that he was going to have the police kill him. They called for a CEW, as no members on scene had one. A member departed for the incident from the detachment, carrying a CEW. When the member arrived on scene, he took cover behind the police vehicle beside the subject. Five members had their firearms drawn and one officer was verbally engaging the male, who was holding a knife up to his throat. After approximately 30 minutes, the subject threw his knife down and complied with police direction to kneel down, then lay on his stomach to be handcuffed.

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6.3.4. Keep an adequate supply of CEWs, RCMP-approved holsters, CEW operational cartridges and replacement batteries/DPMs on hand.

One of the factors that have been added to the SB/OR Reporting System concerns an assessment of the subject's mental health in CEW incidents. The proportion of subjects judged to be emotionally disturbed was just over half (Figure 10; Table 3 in Appendix 2). The phrase "emotionally disturbed" is extremely broad and lends itself to a wide margin of subjectivity and interpretation. The rate of subjects who were perceived as Emotionally Disturbed by RCMP members, which is approximately three times as high as the Mental Health incident type designation, suggests that members routinely encountered disturbed individuals in events that were not categorized as Mental Health events. Disturbance is evident in a preponderance of incidents involving kidnapping, weapons, and threats; and, it is often cited in cases involving disturbing the peace, obstruction, and assault. The widespread prevalence of disturbance points to the importance of understanding the intersection of CEW usage and mental health. Further discussion on this topic is provided in Part Seven of the present report.

Probe Mode – Deploying an activated CEW by discharging two electrical probes, equipped with small barbs that hook onto a subject's clothing or skin, allowing electrical energy to be transferred to that individual.

6.4.2. Follow divisional internal processes and reporting requirements to ensure that any matter associated to CEW usage is resolved, including referral to division Professional Standards when appropriate, if an issue is identified during the review.

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7.4.1. In compliance with the Canada Labour Code, faulty or malfunctioning CEWs must be marked or tagged accordingly and be removed from service.

Figures 29a and 29b (see also Table 31 in Appendix 2) reveal several key changes pertinent to CEW deployment. The percentage of incidents involving the Perceived Possession of a Weapon rose in 2010. The wording of this variable in the RCMP's SB/OR Reporting System is subtly different than in the previous year; specifically, the word "perceived" was added. While this same variation had no discernible impact on the Substance Use variable presented in Table 30, it is possible that identifying substance impairment always has a strong subjective element and that adding perception to reporting is unlikely to alter that assessment. Conversely, it is possible that the addition of "perceived" to weapons possession broadened the scope of weapons involvement. Again, this suggestion is not meant to downplay the importance of these findings. Rather, the nearly 12% increase in the percentage of events involving an edged weapon and the 3% increase in cases involving firearms suggests that a degree of caution in the interpretation of the results is warranted.

Several members were called to a mental health and drug addiction treatment centre. While en route, dispatch relayed that workers and the local fire department were indicating that a male was out of control and being extremely violent. The male subject was said to have HIV/AIDS and hepatitis C. In addition, he was known to bite and spit at people. The subject was said to be running around unchecked within the facility. Lastly, the subject was said to be under the influence of methamphetamine and heroin. When police arrived, the subject had isolated himself in a shower room. He was ranting, screaming, swearing, grunting, and threatening to hurt anyone who came through the door. Given the members' extensive experience in matters such as these, the members felt that a confrontation with this individual was likely imminent. The subject was displaying "assaultive" behaviour before police even entered the room. A member feared for the safety of on‑scene officers and of the treatment centre staff. Members also feared that the subject may harm himself if left in this state for too long. Attempts to negotiate with this male by staff had failed and he was not responsive to verbal communication. No further negotiation with the subject was attempted, as it was felt that he may further barricade the door and prepare for any police entry into the room. An arrest team of five members was formed, and member no. 1 carried the CEW and would be the first to enter the room. Member no. 2 pushed open the door and member no. 1 made entry into the room. The member announced that he was a police officer and that the subject should get onto the ground. This demand was made twice. The suspect yelled back "F**k You" and began to rise to his feet. The member took this action as a threat cue, and feared that both he and the other members were about to be attacked by the subject. This caused the member to fear for the safety of all parties on-scene. To defend himself and fellow officers, the member deployed the CEW in probe mode. It was not practicable for the probes to strike anywhere else other than the subject's torso. The deployment was deemed successful and the subject tipped over sideways into the bathtub. He struck his head on the edge of the tub falling roughly 8–12 inches. He suffered a small cut to his ear. The member allowed the CEW to cycle until members were able to come and remove the subject from the tub. Once on the ground, the subject attempted to continue his assaultive behaviour during handcuffing, and a short two-second burst of the CEW was utilized to get the subject handcuffed. A spit hood was applied over his face to prevent him from spitting into members' faces, eyes or mouths. Obviously, the subject's medical condition was of grave concern to everyone involved. The subject continued to thrash once placed on a bed and, as such, member no. 1 used the cord-cuff restraining device to halt the suspect's aggressive actions. The subject was taken to hospital for further assessment with regard to his mental state, his state of intoxication, the small cut to his ear, and any medical issues which might arise from the drugs, the exertion and the CEW deployment.

For example, in contrast to the overall figures, Figure 43 (see also Table 53 in Appendix 2) suggests that CEW reports involving youth were proportionately much less likely in British Columbia - "E" Division (11.4% for youth vs. 26.8% overall) and Alberta – "K" Division (11.4% for youth vs. 20.6% overall) and much more prevalent in Saskatchewan – "F" Division (31.8% for youth vs. 20.6% overall), Nova Scotia – "H" Division (15.9% for youth vs. 5.9% overall) and the Yukon – "M" Division (6.8% for youth vs. 1.8% overall).

Baldwin, Simon and Kim Lackie. RCMP Quarterly Report on Conducted Energy Weapons, July 1, 2010 to September 30, 2010. Ottawa: National Use of Force Unit, Royal Canadian Mounted Police.

In 164 of the remaining 165 cases, the CEW was deemed to have been ineffective in de‑escalating the situation; 56 of these cases (15.9%) were considered "tactical" in nature.

The subject became actively resistant again by pulling away from hospital staff. The member attempted to intervene to assist with the subject, but the subject quickly became assaultive towards the member by clenching his fists and stating that he was going to beat up the member. The subject began to approach the member with his fists still clenched. As a result of the subject's emotional state, the member feared bodily harm and unholstered the CEW. The subject stated to the member that he would not be "tased" and insisted that he was still going to beat up the member. The subject then turned and walked away from the member. The member did not deploy the CEW, but did point it at the subject and issued the CEW challenge. The subject then changed direction and started to walk toward the hospital where he was met by his mother. The subject was subsequently admitted by his mother to a psychiatric hospital overnight for further observation and assessment.

2.4. Operational cartridge means an RCMP-approved cartridge for operational use and training, except scenario-based training.

Moreover, the average number of CEW usage reports per RCMP member was 1.24 in 2010, which represented a very slight decrease compared to the previous year's average of 1.26 (Figure 6; Table 29 in Appendix 2).

7.1.2. CEWs must be carried in an RCMP-approved holster (see App. 17-7-1) on the member's non-dominant side, e.g., opposite the sidearm.

Registration: Cost of the course is $375 per student. All registrations for this course close 7 days in advance. Students wanting to access the system must first have an account and login or create a new account at MyAxon. There is a 24 to 48 hour verification approval process. Help with enrolling and payment options can be found here: Help

In line with the perception of mental health cases being particularly dangerous, given subject behaviour and the high likelihood of weapons involvement, it was not surprising that a large number of RCMP members routinely attended these events (Figure 52 and Table 61 in Appendix 2).

9.1.2. Divisions will institute an independent testing regimen for all model M26 CEWs annually and at least 10% of the model X26s in the division's CEW inventory each year. Results will be reported to NCROPS. If specific provincial or territorial policy requires additional testing of CEWs, affected divisions will ensure compliance with those provincial/territorial requirements.

Royal Canadian Mounted Police (2010). Progress: Transformation of the Royal Canadian Mounted Police. Ottawa: Royal Canadian Mounted Police.

As noted in Table 4, 65 CEW incidents (9.9%) were categorized by RCMP members as involving a cooperative subject. And, 50 (76.9%) of these incidents appear to be broadly associated with what might be termed "tactical entry" or "tactical approach". In general, these are incidents in which members were serving a warrant, or were approaching a crime in progress, and where a CEW was drawn as a precaution prior to entering a residence, other building, or situation.

The RCMP should, by way of training and policy, reinforce to its members that the CEW should not be used in situations where the subject is displaying Cooperative or Passive Resistant behaviour. The CEW should be used only on subjects who are displaying active resistance, assaultive behaviour, or who are acting in a manner deemed harmful to themselves and/or others (grievous bodily harm).

6.1.1.2. If there is no apparent damages or obstructions to the electrical contacts and cartridges, conduct a spark test.

... an officer be prohibited from deploying a conducted energy weapon unless the officer is satisfied, on reasonable grounds, that:

In the following case, the subject hid from the RCMP members. Hiding tends to elevate the situation to active resistance, unless the subject cooperates quickly.

The use of force options available to the police can range from guiding a subject by the elbow, to joint locks to lethal force, if warranted. Within that range, police officers have a variety of weapons at their disposal including oleoresin capsicum (OC) spray, an expandable baton, a semi-automatic handgun and, specific to this report, a conducted energy weapon (CEW).Footnote 1

CEW usage by RCMP members continues to decline. Furthermore, as a proportion of all CEW incidents, actual CEW deployments have also become less common. This trend may suggest that the CEW is becoming a more effective deterrent and that RCMP members use it less often as a pain compliance tool or as an incapacitation device. Despite the decrease in use, the Commission will continue to closely monitor the RCMP's policies and practices with respect to CEWs.

The member continued to use verbal intervention in order to gain control of the situation. The member commanded the subject to get on his stomach and put his hands behind his back. The subject wiped off his face and started to yell: "I am going to fu**ing kill you!" The member continued to give him verbal commands. The subject then grabbed a rock from the ground and threw it at the member, just missing him. The subject then grabbed multiple rocks and continued to throw them at the member. The member backed up about 30 feet and protected his head/face with his left arm. The member was struck multiple times with smaller rocks. The member feared that the subject was going to strike him with a larger rock or produce another weapon, so the member pulled out the CEW and yelled: "Stop or you will be hit with 50,000 volts of electricity!" This warning was issued multiple times. The subject continued to throw rocks toward the member and ignored his commands. The member attempted to use verbal intervention to de-escalate the situation, with no effect. The subject yelled again that he was going to kill the member. He then got up on his feet and charged towards the member. The member yelled "Stop", but the subject continued to advance. At this point, the member deployed the CEW.

1.1. Only the Advanced Taser M26 (model 44000) and Taser X26E (Law Enforcement) (model 26012) conducted energy weapons (CEW) are approved for RCMP operational use as an intervention option to control a subject and avert injury to any person.

There was very little change in the proportion of males and females and in the average age of subjects between 2009 and 2010 (Table 30). And, while the proportion of cases reported to include general substance use decreased over the two years, the difference was not quite enough to register as statistically significant. However, in the specific case of "Alcohol", the reduction in cases was significant in 2010 (Figure 28b). Alcohol involvement, while still ubiquitous, was not as prevalent as it had been in 2009 or in the Commission's previous annual CEW reports.

Description: TASER X26P, X2, TASER 7 and TASER 7 CQ Instructor certification course. With the release of version 22, we have enhanced the instructor course to teach students how to develop and safely execute scenarios and isolation drills and provide more in-depth scenario training. You will be certified to instruct others on the use of the X26P, X2, TASER 7 and TASER 7 CQ energy weapons. Students will be required to complete an interactive on-line experience prior to attending the one day in-classroom training.

Also noteworthy is the fact that in 42% of CEW events, subject behaviour was coded in the RCMP's SB/OR Reporting System as "grievous bodily harm or death" (Figure 48 and Table 56 in Appendix 2), which is in contrast to the overall average of 29%. In general, this finding appears to be related to the types of incidents that tend to generate youth reports. Weapons offences and mental health events (usually suicidal subjects with a weapon) were the two most common incident types for youths in 2010. Both of these occurrences tend to be associated with heightened evaluations of risk, corresponding to the aforementioned subject behaviour category.

The subject ran from the member and attempted to escape through a steep river bed. After failing to do so, he slipped and turned towards the member. The member continually made verbal commands to stop and advised him that he was under arrest, at which time the subject threw numerous punches at the member in an assaultive manner in an attempt to evade arrest. Both the member and the subject fell to the ground during the struggle. The member was able to regain his footing, at which time he drew the CEW and continued to issue further verbal commands. Member no. 2 arrived on the scene to witness member no. 1 standing with the CEW trained on the subject, who was now lying on the ground on his side. Member no. 1 continued to give the subject directions to lie flat on his stomach, but the subject continued to move around and appeared to be attempting to get up. Member no. 2 was able to gain control of the arms of the subject and handcuff him.

The prevalence of weapons is confirmed in Figure 46a (see also Table 56 in Appendix 2), showing that 73% of youth subjects were perceived to have a weapon, compared to the overall average of 61%. The following is indicative of the type of weapon-involved incidents involving youths.

The RCMP should further clarify its policy regarding the use (either threatened use or actual deployment) of the CEW on members of certain vulnerable populations.

Presently, the RCMP uses the M26Footnote 7 model and the more recent and lighter X26 model. Both CEW models are manufactured by TASER International, Inc. In 2010, the RCMP had 1,112 M26 models and 2,276 X26 models in its inventory. None of the RCMP's CEWs are equipped with audio-video recording cameras.Footnote 8

In some incidents, tactical approach may be dictated by the RCMP members' history with the subject, as in the following example.

8.1.1. The following individuals are qualified to conduct CEW data downloads: CEW Instructor Trainers, the RCMP Armourer, and any other qualified person designated by the Cr. Ops. Officer.

The member received a request to assist other members with a subject who was seen walking down the road with a knife. The subject was non-responsive to verbal commands to drop the knife. The member attended and observed the subject walking slowly towards the other members with a knife, approximately six inches in length. The member heard the subject state several times: "shoot me," in response to the other members' orders to drop the knife. The member observed the subject display the ability to cause death or grievous bodily harm to the members at the scene, himself, or other members of the public. The member circled behind the subject, and, with lethal over-watch, drew the CEW, armed it, and pointed the device at the subject's back. The member verbally commanded the subject to "drop the knife or you will be tasered." The subject immediately dropped the knife and placed his hands up. The subject was taken to the ground in a controlled fashion and handcuffed without further incident or injury.

1.3. Subject to sec. 1.6., only trained members and certified instructors who have successfully completed the CEW User Course (HRMIS Code 000028) or the CEW Instructor Course (HRMIS Code 000029) are permitted to use a CEW operationally.

In the following case, the CEW was drawn as part of a breach of probation incident. The breach concluded without the RCMP members having a chance to de-escalate the situation.

Members responded to a call for service involving a suicidalfemale subject who had reportedly cut her arms and her throat. Members followed a blood trail for two blocks before catching up to the subject. Once she noticed the officers, she produced a large knife (meat cleaver). The subject raised the knife over her head and demanded that the officers back away and leave her alone. The members verbally directed the subject to drop the knife. She refused. A member with a CEW arrived on scene and observed the subject with large lacerations to her left forearm and what appeared to be small lacerations to her neck and to her left leg. The subject was yelling at the officers to leave her alone and to go away. The subject continued yelling while holding the knife over her head and standing in a fighting (striking) position. Fearing death and grievous bodily harm to her, the public, and to other officers, the member produced the CEW and pointed it at the subject. The member advised the subject to drop the knife or she would be hit with 50,000 volts of electricity. The subject stopped yelling, paused for a few seconds, and then threw the knife on the ground in the direction of the two members. The subject then kneeled on the ground and placed her hands behind her back. The subject was placed in hand cuffs and transported to the hospital by ambulance.

The same proportion of active resistant events (20, or 16.3%) was attributable to "tactical plus" situations. More specifically, these are cases of tactical entry or approach (as defined earlier) that include subjects that are not compliant (in contrast to cooperative subjects).

For the purpose of this report and to be consistent with the terminology contained in RCMP policy, the technical term of "conducted energy weapon" is used throughout the document. Other terms for the device commonly found in the popular and scholarly literature include conducted energy device (CED), electronic control device (ECD), Taser® and stun gun.

Similarly, in the following example, the subject began by doing something contrary to the RCMP member's instructions but quickly complied after the CEW challenge was presented.

Use of the CEW has been of interest to the public and the Commission since the adoption of its use by the RCMP in 2001. The Commission launched its detailed assessment of the RCMP's use of the CEW in 2007, when the Honourable Stockwell Day, then federal Minister of Public Safety, asked the Commission to undertake a "review of the RCMP's protocols on the use of the CEDs and their implementation, including compliance with such protocols." This resulted in the Commission issuing the RCMP Use of the Conducted Energy Weapon (CEW) – Interim Report on December 11, 2007, followed by the RCMP Use of the Conducted Energy Weapon (CEW) – Final Report on June 12, 2008. These reports made a combined total of 22 recommendations to the RCMP.Footnote 5

5.1. After deploying a CEW, advise the subject that he/she has been subjected to a CEW deployment, and that the effects are expected to be short term.

7.4.2.1. ensure faulty or malfunctioning CEWs are removed from service, are properly tagged and immediately sent to a qualified person designated by the Cr. Ops. Officer to conduct CEW data downloading. See shipping procedures in FM ch. 6.4.4.

In this section, tables 28 through 32 compare all of the descriptive results shown in Part Three with those of the previous year, with one notable exception. There is no comparative table provided for Injury Characteristics, as the variables have changed too significantly to allow for meaningful comparison. As such, there is no basis upon which to examine 2010 results against historical data. A summary of the significant year-to-year changes is presented in Table 27.

Overall, 2010 experienced a three-point decrease in the proportion of push-stun mode cases, while CEWs deployed in probe mode remained relatively stable from 2009 (Figure 30b).

2.1. Acutely agitated or delirious person includes, but is not limited to, a person demonstrating one or more symptoms, such as substance abuse coupled with severe mental and physical exhaustion, or hyper-aggressiveness often characterized by extreme agitation, profuse sweating, hostility, exceptional strength and endurance without apparent fatigue.

As demonstrated in Figure 53 (see Table 63 in Appendix 2), in almost two-thirds of CEW-related mental health incidents in 2010, subjects exhibited behaviours that RCMP members believed were intended to, or likely to, cause grievous bodily harm or death to any person.

More comprehensive data on deployment characteristics are illustrated in Table 5 (Appendix 2). When CEWs were engaged in push-stun mode, subjects were, on average, stunned 1.6 times (Figure 15). More than 80% of all such events saw the subject stunned one or two times. Interestingly, the full duration of the stun cycle was used less than half the time (Figure 16). The back (34.6%), lower body (32.1%), and shoulder/arm (19.2%) target areas of subjects were the most likely stun impact sites.

CEWs were judged to have de-escalated a little over half of all relevant incidents (187 cases, or 53.1%) in 2010. In the best situations, either a CEW warning or the presence of the CEW prompted the subject to become compliant.

In 2010, 335 RCMP members completed the CEW User Course while another 2,653 members undertook the CEW Re-Certification Course. Of the RCMP's approximately 18,000 regular members (sworn police officers), 2,860 members were certified to carry and use a CEW in 2010.

It is important to note that this rather dramatic decrease is, in part, due to the manner in which the data are now organized under the RCMP's new SB/OR Reporting System. As already noted, although there were only 597 incidents in 2010, these incidents involved 637 subjects and 656 events. There is little doubt that CEW usage was down in 2010, but the figure of nearly 15% is probably a bit misleading.

Members received a complaint that a subject had been drinking and had returned home causing problems. The subject then grabbed a knife from the kitchen and barricaded herself in the bathroom. Family members were scared and would not attempt to enter the room. Members responding to the incident had numerous dealings with the subject over the past six months and she was known to have had attacked one of the members in a previous incident. Members arrived on scene and met the subject's father outside the residence. He advised the police that the subject had been drinking, came home and began causing problems for him and his family, grabbed a knife, and entered the bathroom. The members entered the residence observing approximately five persons, including a lady in a wheel chair and two children. The members were directed to the bathroom where they were told the subject was barricaded. The members attempted to talk the subject out of the bathroom but she was uncooperative and yelling at the police and her family. The members advised the subject that if the door was not opened, it would be forced open. A member withdrew his CEW from its holster and armed it, as members feared death or grievous bodily harm due to the information that the subject may have a knife. The members forced the door open, pointing the CEW at the subject, observed that the subject's hands were empty, reached in and grabbed the subject by the wrists and pulled her to the floor in the hallway. The subject was secured in handcuffs and the CEW was re‑holstered.

Royal Canadian Mounted Police (2010). "Conducted Energy Weapon." Operational Manual. Amended on April 29, 2010. Ottawa: Royal Canadian Mounted Police.

Witnesses stated that the subject was heavily intoxicated and that he was violent. Members no. 1 and no. 2 entered the residence. Previous information provided stated that the subject of the complaint was heavily intoxicated, had thrown bottles at cars, had been swinging an axe at two individuals, and that he was known to carry a hunting knife on his person. Given the information provided by the on-scene witnesses, members feared that the actions of the subject could result in death or grievous bodily harm. As such, the members responded with an intervention level of lethal force. Members no. 1 and no. 2 cleared the residence with pistols drawn. Upon locating the subject of the complaint, member no. 1 maintained lethal over-watch while member no. 2 drew his CEW X26. Member no. 2 activated the CEW, pointing it at the subject. Member no. 1 gave the subject of the complaint numerous verbal commands. The subject became cooperative with all commands. Member no. 2 holstered his CEW, then placed the subject into handcuffs for the members' safety.

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In another 6 (9.2%) cases, the subject either started out as cooperative, and later became uncooperative (thereby generating a second event), or there was more than one subject and at least one was deemed cooperative.

One of the difficulties in trying to compare these new deployment numbers to the figures from previous CEW annual reports stems from the difference in the unit of analysis. Because the data in Table 4 (Appendix 2) is based on events, each deployment is treated as a unique situation. This is problematic if the incident in question involves multiple deployments. Of greatest interest are incidents in which a subject may receive both "Contact Stun" and "Probe" deployments. To address this issue for the purpose of the present report, it is more appropriate to consider subjects as the unit of analysis. In Figure 14d (see also Table 83 in Appendix 2), the most serious deployment type is demonstrated for each subject. The most notable finding is that the rate (0.8%) at which subjects experience both forms of active deployment (push-stun and probe modes) is very low. The results otherwise confirm what was demonstrated in Table 4.

3.1.6. Members should make every effort to take control of the subject as soon as possible following the deployment of a CEW, and if possible during the CEW deployment.

The reader should note that the examples provided herein from the RCMP's SB/OR Reporting System have been included for illustrative purposes. The names of RCMP members, suspects/subjects, victims, witnesses and locations have been redacted due to privacy issues. The majority of the narratives have been slightly re-formatted for brevity and to correct for such things as spelling, grammar and punctuation. In addition, bolded portions of the following narratives indicate that emphasis was added.

Member no. 1 stated to the subject: "That's enough, go back to your vehicle." The subject pulled away and turned to face the member, stating: "Don't do that." Member no. 1 replied: "Then go back to your vehicle." The member still had her hand across the subject's chest when the subject reached for member no. 1's holstered firearm with her left hand. Member no. 1 immediately feared death or grievous bodily harm. Member no. 1's holstered firearm was on her right side. The subject grabbed onto the top of the holstered firearm as member no. 1 pulled her right side back and pulled the subject into the police cruiser, while member no. 2 placed the subject into a headlock. The subject still, at this time, had a grip on the holstered firearm. Member no. 2 stated to member no. 1 that she should use her CEW. Member no. 1 unholstered the CEW which was kept on her left side in a drop holster. The CEW was deployed once by member no. 1 and the subject subsequently let go of the holstered firearm after 10 seconds. The subject was then taken to the ground and handcuffed during the CEW deployment.

The relationship between incident year and three or more RCMP members present illustrated in Figure 33 (see also Table 33 in Appendix 2) shows an important non-linear pattern of results. In the earliest implementation years of the CEW by the RCMP, the proportion of incidents involving three or more officers was about 50%. Between 2004 and 2008, that rate stabilized at a lower proportion of around 40%. However, that rate has begun to climb in each of the past two years. The reason(s) for these increases remains unclear.

The largest category of subject behaviour was Assaultive, represented in 240 CEW events in 2010. The most prominent type of assaultive behaviour evident in about half of these events (110 cases, or 45.8%) included punching, kicking, spitting, and general thrashing movements.

3.1.7. Acutely agitated or delirious persons may be at a higher risk of death. Whenever possible, when responding to reports of an individual who is violent or in an acutely agitated or delirious state, request the assistance of emergency medical services. If possible, bring medical assistance to the scene.

In the present report, the terms "deployed" or "deployment" indicate that the CEW was actively engaged, using either probes or the stun setting of the device. It is important to note that deployment is distinct from "use" or "usage" where CEWs are used for any circumstances that resulted in a SB/OR report (e.g. threatened use, drawn from holster and displayed, spark display activated, laser sight activated, pointed at subject, or actual deployment of the device).

The results of the 2010 bivariate analyses for CEW deployment were consistent with those in the Commission's 2009 annual CEW report. However, two variables that were not significantly related to deployment in 2009 were identified as significant predictors in 2010: Perceived Substance Use and Incident Type. As noted earlier, both of these variables, particularly incident type, have changed in meaning within the RCMP's SB/OR Reporting System. One new variable, i.e. whether or not the subject appeared to be Emotionally Disturbed, was found to be linked to higher deployment rates. In 2009, a greater Number of RCMP Members Present (recoded) was associated with higher probabilities of deployment. However, in 2010, there was no such relationship. Otherwise, the results remained by and large unchanged from 2009. In addition to Substance Use and Incident Type, Subject Age, Member's Years of Service, and RCMP Division were significant predictors of CEW deployment, whereas the remaining variables were found to have no significant relationship with deployment.

3.1.1. The CEW must only be used in accordance with CEW training, the principles of the Incident Management/Intervention Model (IM/IM) and when a subject is causing bodily harm, or the member believes on reasonable grounds, that the subject will imminently cause bodily harm as determined by the member's assessment of the totality of the circumstances. See also ch. 17.1.

7.4.3. If the CEW is being shipped for independent testing as part of an investigation, follow the shipping procedures outlined in FM ch. 6.4.4.

The SB/OR Reporting System now also provides greater detail in the categorization of CEW usage characteristics and Deployment Type (figures 14a, 14b, 14c and 14d; see also Table 4 in Appendix 2). In particular, what would have been characterized simply as "Not Engaged" in previous CEW annual reports is now broken down more comprehensively. The figures for Deployment Type again suggest a trend shown in earlier CEW annual reports: the continuing non‑engagement of the CEW by RCMP members. In nearly 70% of events, the CEW was utilized as a deterrent rather than as a defensive weapon. In these non-engagement cases, the laser sight was activated or the CEW was drawn and displayed about half the time; in the remaining cases, the CEW was pointed directly at the subject.

Commission for Public Complaints Against the RCMP (2007). RCMP Use of the Conducted Energy Weapon (CEW): Interim Report. Ottawa: Commission for Public Complaints Against the RCMP.

In terms of the setting of CEW-related incidents, the comparison had to be modified because the combined "Indoor and Outdoor" category was not available in 2009. If the numbers are revised to control for this fact, there was no substantive difference between 2009 and 2010.

The two variables Subject Behaviour and Perceived Greater Risk are combined in Figure 12b (see also Table 76 in Appendix 2). At each level of behaviour, most incidents demonstrated some element of elevated risk. For example, about 55% of cases involving "Assaultive" behaviour actually entailed some added level of threat. No details are provided formally in relation to this variable, but tables 77 to 82 (see Appendix 2) present a series of analyses that attempt to determine what might lead RCMP members to code for elevated risk.

Not surprisingly, the perceived presence of a weapon (Table 77) and perceived substance use (Table 79) both significantly increased the likelihood that the situation was classified as Greater Risk. More specifically, higher levels of risk were associated with the presence of a firearm or edged weapon (Table 78) or drug usage (Table 80). Conversely, neither the perception that the subject was emotionally disturbed (Table 81) nor the fact that the RCMP member was alone (Table 82) were related to a determination of increased risk or threat.

The non-linear pattern of findings for Subject's Age (Figure 22 and Table 12 in Appendix 2) makes the interpretation of this relationship slightly more complicated. It appears that the ends of the subject age continuum (i.e. those individuals under 20 years of age and those over 50) are driving the significant results. Subjects under the age of 20 experience CEW engagement in just less than 1 out of 5 incidents. On the other hand, the CEW is engaged in slightly less than half of cases where the subject is over 50 years of age. Between the ages of 20 and 49, differences in engagement probabilities are inconsequential.

5.4. A member with current first aid certification may remove the probes following the deployment of a CEW in probe mode, unless a probe is lodged in a sensitive part of the body, such as the eye or the groin, or the subject's condition warrants medical attention.

SB/OR Example: When the member grabbed the subject's left hand to be handcuffed, the subject pulled his hand away and attempted to turn toward the member.

As with Incident Type, RCMP Divisions demonstrated wide variations in deployment, ranging from a low of 16.7% in the Northwest Territories to a high of 71.4% in Nunavut (Table 14a). With the exception of an increase in Nunavut (based on a very small number of cases), deployment was either stable (Saskatchewan, New Brunswick and Nova Scotia) or fell in all other provinces and territories. There were marked declines in the proportion of incidents resulting in deployment in Newfoundland and Labrador and the Yukon. Overall, the ranking of each RCMP division's CEW deployment rates correspond closely with those recorded in 2009.

The dramatic increase in Weapons Involvement noted in Figure 29a (see also Table 31 in Appendix 2) is confirmed in Figure 35 (Table 35). The percentage of weapons-related CEW events has been on the rise since 2008, with 2010 recording the highest level to date. However, the jump in 2010 is far out of proportion with any change that was evident in the past. Again, it is recommended that the current figure for weapons involvement be interpreted cautiously until further investigation can properly contextualize the change in wording in the RCMP's SB/OR Reporting System.

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Member no. 1 arrived on scene. He could hear the subject over the hedge at the front door pounding and screaming to be let in. He appeared to have flowers in his hands but it was unclear if anything else (weapon) was present. He was a large male and, although it was the middle of the day, did not appear to be concerned about causing a disturbance. The subject then noticed member no. 1, who had his CEW drawn and at the low-ready position. Member no. 1 told the subject to go to the ground or he would be tasered with 50,000 volts of electricity. The subject was cooperative and immediately complied with the command. Member no. 2 arrived on scene and placed handcuffs on the subject (arrested).

The subject was still resistant, pulling his arms away from members and under his body. The subject tensed every muscle in his body and pulled away as member no. 1 placed handcuffs on the subject while member no. 2 maintained cover with the CEW in case that escalation of force became necessary. Once the subject was handcuffed, the CEW was turned off and re-holstered.

9.2.3. Divisional Criminal Operations will ensure that a record of the output test results is maintained for each CEW by serial number.

Finally, there was a significant relationship between CEW deployment and the years of service of those RCMP members involved in CEW events. In particular, members with 6 or more years of service were more apt to deploy the device than those with less years of service (Figure 21b and Table 14b in Appendix 2).

5.5. Members will remove the probes from a subject in a manner that least interferes with the privacy and dignity of that subject, while providing for the safety of the member and the subject.

There were several areas in which CEW-related mental health incidents produced notable results. For example, British Columbia ("E" Division) had the highest incidence of these types of events, accounting for over 50% of mental health reports (Figure 51 and Table 60 in Appendix 2).

8.1.2. Follow the same shipping process (see FM ch. 6.4.4.) if the CEW is being shipped specifically for a data download for an investigation about CEW usage or yearly storage of data and resetting of the internal clock to Greenwich Mean Time.

In 2010, there were 44 (7%) incidents involving 52 subjects under the age of 18. The proportion of CEW cases involving subjects under 18 rose from 2009 (from 5.2% to 7.4%), but the proportion of these incidents that resulted in deployment dropped from 4.0% to 1.3%. The specific nature of the 44 reports is described further in Part Seven of the present report.

Activation – Activation occurs when the safety is released on the CEW and/or the CEW is cycled in push-stun or probe mode.

The subject turned toward one of the members on scene and became assaultive by clenching his fist and motioning as though he was going to punch the member. Two members grabbed the subject by both arms and put him on the ground. The subject kicked one member with both feet, causing him/her to fall back and hit the wall. The subject continued being assaultive with member no. 2 and spit in her face. Member no. 1 unholstered his CEW, turned it on, and removed the cartridge. Member no. 1 used the CEW in push-stun mode due to the close proximity of the subject. Member no. 2 and a security officer were able to handcuff the subject.

In non-suicidal cases, mental illnesswas generally inferred from the seemingly unusual behaviour of the subject. The following case encapsulates well some of the issues pertinent to mental health.

The Commission for Public Complaints Against the Royal Canadian Mounted Police is grateful to Dr. Garth Davies for his assistance and expertise in conducting the various statistical analyses that are presented in this report.

There is no systematic explanation as to why the CEW did not de-escalate the remaining incidents. The reasons were highly variable.

When the CEW was engaged, "Probes" were deployed about two-thirds of the time (Figure 14b). This proportion remains unchanged from 2009, while the proportion of all CEW-related cases involving "Contact Stun" has yet again dropped, from 14% in 2009 to 12% in 2010 (Figure 14a and Table 31 in Appendix 2).

5.3. Members must ensure that the subject receive medical assistance if the subject has any apparent medical or physical injury or affliction, the subject is in distress, or the subject requests medical assistance. See ch. 19.2. for policy related to assessing responsiveness/medical assistance.

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The member located the subject hiding between a mattress and a wall inside the bedroom. The member could see the subject from the doorway. The subject was advised that he was under arrest for the unendorsed warrants for breach of recognizance. The member ordered the subject to show his hands and to stand up. The subject did not respond. The member assessed the subject to be presenting actively resistant behaviour, as he was hiding and refusing to show his hands. The member was concerned that the subject was still in possession of a knife or possibly another weapon. The member activated the laser sight on the CEW. The member advised the subject that the CEW was activated and instructed him to stand up. The subject complied. The subject was ordered onto his knees to be handcuffed. The CEW was then holstered.

As such, the 2010 CEW datasets derived from the SB/OR Reporting System have resulted in alterations to the present report. The RCMP's previous CEW datasets were almost completely incident-driven and, for the most part, each incident generated a single report. The new SB/OR system, however, incorporates a series of filters to more accurately reflect the complexity of CEW incidents. Consequently, the SB/OR system can be best thought of as a series of several datasets. The first is based on the primary organizing unit—the occurrence or incident; in 2010, there were 597 CEW incidents. But, incidents may have several subjects and/or several events, thereby generating multiple reports. If we are specifically interested in subject characteristics (as in Table 3 in Appendix 2), subjects become the appropriate unit of analysis. The 597 incidents involved 637 subject reports. Similarly, some events are characterized by a shift in Deployment Mode. For example, separate reports may be filed for: (a) drawing and displaying of CEW; and (b) CEW deployed in push-stun mode. If we are specifically interested in event and deployment characteristics (as in Table 4 in Appendix 2), events then become the appropriate unit of analysis. The 597 incidents involved 656 event reports. In summary, each different type of analysis involves its own sample size, which is reflected in the figures and tables throughout the present report.

Part Three examines the results of bivariate analyses.Footnote 4 It focuses on two specific questions: (a) What factors account for whether or not the CEW is actually deployed (using either probes or stun mode)? and (b) What factors determine whether or not a subject, following an incident involving CEW deployment, is classified as injured or is offered medical transportation by the reporting RCMP member?

Figures 41 and 42, respectively, illustrate trends in the proportion of CEW reports involving youth and in the proportion of actual CEW deployments involving youth 13 to 17 years of age (see also tables 51 and 52 in Appendix 2). Figure 41 shows that the proportion of CEW reports involving youth increased in 2010. The rate of 7.37% is the highest recorded and is well above the historical average. In contrast, the figure related to CEW engagement in 2010 is essentially unchanged from 2009 (Figure 42). In other words, CEWs were either threatened or drawn against youth proportionately more often in 2010 than in previous years, but an increase in the level of actual deployment of the device against youth was not observed.

NOTE: As each Taser M26 reaches its life expectancy, it will be replaced by a Taser X26E. No new Taser M26 will be purchased.

The likelihood of CEW deployment was marginally higher when the subject was male, but this difference was not significantly different (Table 11). And, the perceived presence of a weapon was similarly unrelated to whether or not the CEW was engaged (Table 8).

Furthermore, both the average number of probe cartridges fired and the average number of times that push-stun mode was used showed little change from 2009 to 2010, as illustrated in the graphs below.

Division – As part of its structure, the RCMP organizes itself into 15 divisions which are roughly equivalent geographically to Canada's 10 provinces, three territories, the National Capital Region and Depot (the RCMP's training academy in Regina, Saskatchewan).

According to Figure 26 (see also Table 29 in Appendix 2), CEW-related events continue to involve multiple RCMP members. On average, 3.1 RCMP members were present during CEW-related incidents in 2010. This finding was slightly higher than the average (2.8) recorded in 2009, and represents the highest annual value recorded since the initiation of the Commission's CEW Project.

7.3.4. If the operational cartridge has not been deployed in five years or is damaged, immediately replace it with a new operational cartridge.

There was a fairly even split with respect to whether a CEW incident occurred indoors or outdoors. In 2010, 251 (42.0%) CEW incidents took place indoors while 276 (46.2%) transpired outdoors. The remaining 70 CEW events (11.7%) involved a combination of indoor and outdoor settings (see Table 2 in Appendix 2).

7.2.2.2. On the M26, the battery indicator light is a simple "power indicator" light when used with NiMH batteries. A spark test is the only approved and reliable method to assess the state of the NiMH batteries and the functionality of the CEW.

This section of the report very briefly examines longitudinal trends in CEW usage and deployment (including cartridge and cycling characteristics).

Part Nine contains appendices consisting of the RCMP's CEW policy (Appendix 1), the various CEW data tables (Appendix 2), a glossary of terms and a list of abbreviations (Appendix 3), and references (Appendix 4).

The RCMP's previous CEW reporting system was able to provide much more detailed information and break down the "Type of Substance" category further into the following sub-categories: "Alcohol", "Cannabis", "Cocaine", "Heroin", "Amphetamines", "Prescription Drugs" and "Other Substance". Unfortunately, the new SB/OR Reporting System now only includes the sub-categories of "Alcohol", "Drugs" and "Inhalants".