Reference Manual
Arming Policies
Policy on the Use of Force


Effective Date
This policy comes into effect on July 27, 2007.

Policy Statement

1. It is the policy of the Canada Border Services Agency (CBSA) to support the use of force by its officers in the execution of their duties in the enforcement of immigration, customs, agriculture and criminal law or in the protection of themselves, fellow officers or members of the public, provided such force is necessary, appropriate to the circumstances and in accordance with the use-of-force Incident Management Intervention Model (IMIM).

Definitions

  1. Certified CBSA trainer -- a trainer who has been certified by the RCMP to deliver CDT training or a combination of CDT and firearms training.

  2. Control and defensive tactics (CDT) -- a training program used by the CBSA to teach officers how to defend themselves and take control of situations and individuals. The core elements of this program consist of classroom instruction related to authorities (Criminal Code) and the Incident Management Intervention Model (IMIM) and practical instruction and application of techniques of control, self-defence, handcuffing and the deployment of use-of-force equipment (see the IMIM in Appendix A).

  3. Defensive equipment -- CBSA-issued tools and devices including OC spray, batons, handcuffs and duty firearms.

  4. Duty ammunition -- ammunition that is issued to CBSA officers for carry and use while on duty. For CBSA purposes, this ammunition will be 147 gr. jacketed hollow point in 9x19 millimetre calibre.

  5. Duty firearm -- the handgun issued by the CBSA and carried by its officers. Unless otherwise mentioned, this term does not include long guns or any other firearms that may be used by law enforcement officers.

  6. Officer -- for the purpose of this policy, any person employed by the CBSA in the administration or enforcement of acts and regulations known as "program legislation" as defined in section 2 of the Canada Border Services Agency Act.

  7. Weapon(s) -- as defined in the Criminal Code, means anything used, designed to be used or intended for use in causing death or injury to any person or for the purpose of threatening or intimidating any person and includes knives and firearms.

Authorities

Criminal Code


Section 25 -- peace officers and public officers1 are protected from criminal liability, provided they are required or authorized by law to do anything in the administration or enforcement of the law and only use as much force as necessary in the administration or enforcement of that law.

  1. Under subsection (1), officers are justified in using as much force as is necessary to carry out their duties in administering or enforcing the law provided that they have reasonable grounds for their action.
  2. Under subsection (3), officers are not justified in using force that is intended or is likely to cause death or grievous bodily harm unless the officer believes on reasonable grounds that the use of deadly force is necessary for self-preservation or the preservation of anyone under the officer's protection from death or grievous bodily harm.

Section 26 -- holds an officer criminally responsible for any force that is deemed to be in excess of the amount of force needed by the circumstances.

Subsection 34(1) -- allows for the use of force to defend against an unprovoked assault. The use of force must not be intended to cause death or grievous bodily harm and must be no more force than is necessary to enable a person to defend himself.

Subsection 34(2) -- justifies the use of deadly force to repel an assault provided the person assaulted has a reasonable apprehension of his or her own death or grievous bodily harm and the person believes he or she cannot otherwise preserve himself or herself from death or grievous bodily harm.

Subsection 37(1) -- justifies the use of the force to defend oneself or anyone under that person's protection from an assault he or she believes is about to occur or be repeated.

Section 117.07 -- provides that a public officer is not guilty of an offence of the Criminal Code or the Firearms Act if he or she possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance in the course of, or for the purpose of, the public officer's duties or employment. This section permits CBSA officers to possess and carry a firearm that is issued to them by the Agency and to take possession of weapons that they find in the course of carrying out their duties.

Public Agents Firearms Regulations (Firearms Act)

Section 5 -- requires that a public agent who uses a firearm in the performance of his or her duties be trained in the use of firearms.

 

Purpose and Scope

The purpose of this policy is to articulate the CBSA's policy on the use of force by officers in the execution of their duties.

This policy applies to all border services officers and inland enforcement officers, investigators, intelligence officers and members of management who are issued such defensive equipment.

The policy applies equally to officers working with other law enforcement agencies on joint forces operations or other partnership initiatives.

Policies to be Rescinded/Replaced

This policy replaces the Use of Force Policy found in Part 6, Chapter 5 of the Customs Enforcement Manual, those portions of the Citizenship and Immigration Canada (CIC) Enforcement Manual in section ENF 7 dealing with the use of force and its reporting and Chapters 2, 4, 5, 6 and 7 of the CIC Safety and Security Manual. This policy also rescinds the interim policy issued in March 2001 by the Director General, Enforcement Directorate, Customs Branch, of the Canada Customs and Revenue Agency concerning the handling of lookouts involving armed and dangerous persons.

Background

The CBSA is mandated to provide integrated border services that support national security and public safety priorities while facilitating the free flow of persons and goods. Border services officers are viewed as being the "first line of defence" for Canada and the public expects they act in such capacity, in a professional manner, and that they have the training and tools necessary to carry out this mandate.

CBSA officers are defined as peace officers under the definition of that term in section 2 the Criminal Code. As such, they are authorized to make arrests for violations of the Customs Act and the Immigration and Refugee Protection Act. Those officers designated by the President pursuant to the authority of section 163.4 of the Customs Act may also arrest for violations of the Criminal Code in respect of criminal offences encountered at a customs office or in accordance with section 99.1 of the Customs Act.

CBSA officers perform a wide range of activities that require them to interact directly with members of the public, often in isolated locations and on privately owned premises. They are required to interview persons arriving in Canada to assess their compliance with Canadian law. They are required to search, detain and arrest persons. They seize goods and evidence and apply monetary penalties. Processing by officers can also result in the interception of terrorists or fugitives from the law.

Officers sometimes find themselves in situations where they must deal with aggressive behaviour on the part of the public. This behaviour may include anything from threatening gestures during primary questioning to an unprovoked assault during the course of a secondary examination or personal search.

In order for peace officers to be able to effectively enforce the law and for persons to protect themselves, the Criminal Code provides a number of provisions regarding the justification of the use of force in certain circumstances. For several years, the CBSA and its predecessor legacy organizations have had in place policies and training on the use of force, subject control and self-defence. Officers have also been issued with batons and OC spray. In 2006, a decision was made by the Government of Canada to issue firearms (handguns) to border services officers working at land border and marine ports of entry and to regional investigators, regional intelligence officers and regional inland enforcement officers.

Policy Statements

Use of Force by CBSA Officers

Officers may only use force in respect of the duties they are authorized to perform in the course of their duties as officers of the CBSA. The CBSA will not support officers who use force outside the scope of their duties, employment and (legal) authority.

Officers will only use as much force as is necessary, i.e. the use of reasonable force to defend themselves and the public, to control subject behaviour or to administer or enforce the law. The amount of force to be used shall be proportional to the exhibited behaviour.

Officers must select the use of force option that is the most reasonable intervention option based on their assessment of the risk, situational factors and exhibited behaviour. Use of force options range from officer presence to the use of deadly force and include the use of control techniques, intermediate devices (OC spray), impact weapons (baton) and firearms (duty firearm) (refer to the IMIM in Appendix A).

The CBSA will support officers who use force so long as it is necessary to defend themselves, fellow officers, employees of other government departments, persons in custody or members of the public, or to execute their duties, provided their actions are in accordance with the law and are justified, reasonable and consistent with CBSA policy and training.

Officers will attempt to control persons without jeopardizing their own safety.

Drawing of Duty Firearms

An officer shall not draw his or her duty firearm outside the scope of his or her employment.

The use of force continuum must be respected at all times. Officers must consider alternative means of taking control of a person or situation before resorting to the use of his or her duty firearm (refer to the IMIM in Appendix A).

A duty firearm can be drawn when the officer has reasonable grounds to suspect it may be necessary to use the duty firearm for self-preservation or the preservation of anyone under the officer's protection or where there are reasonable grounds to suspect that a person is armed and presents a danger to the officer, fellow officers or members of the public in the area.

Discharge of Duty Firearms

An officer shall not discharge his or her duty firearm outside the scope of his or her duties or employment.

The firing of warning shots is not permitted.

An officer may discharge a duty firearm when he or she has reasonable grounds to believe that discharge of the duty firearm is necessary for self-preservation or the preservation of anyone under the officer's protection from death or grievous bodily harm and all other lesser means have proven unsuccessful or are not the safest and most reasonable alternatives.

An officer may discharge a duty firearm to destroy a potentially dangerous animal when he or she has reasonable grounds to believe that discharge of the duty firearm is necessary to prevent attack or to neutralize the risk of serious injury to himself or herself, another person or a CBSA detector dog caused by such animal.

Officers shall not discharge a duty firearm from or at a moving vehicle. The sole exception where discharge of the duty firearm is permitted is when the vehicle is being used as a weapon and driven at the officer or another person under the officer's protection and where there is no avenue of escape for the officer or the other person.

An officer may discharge a duty firearm to call for assistance in an urgent or critical situation but only when there is no reasonable alternative to such discharge of the duty firearm.

High Risk Persons

Officers trained in the use of control and defensive tactics (CDT) and in possession of defensive equipment are expected to manage situations involving persons who may be prone to violence and who may be in possession of a weapon, including a firearm, up to such point that the officer believes he or she has reached the limits of his or her training and personal abilities. Where these limits have been reached, the officer shall permit the individual to proceed into Canada and immediately notify the police force of jurisdiction.

Officers not trained or equipped to use duty firearms are expected to seize and safely handle firearms encountered in the normal course of their duties.

Officers are not expected to jeopardize their own life, health or safety regardless of whether they have been trained to use duty firearms. The CBSA will support officer decisions to tactically reposition at any point in a situation if, in the officer's judgement, the officer justifiably believes the situation is or has developed beyond the scope of his or her training, the limits of his or her personal ability or the limits of his or her defensive equipment

Border services officers are not equipped or expected to stop high-risk offenders fleeing to or from Canada, e.g. to put up a roadblock in the event of a police chase. Situations of this or similar nature will remain the responsibility of the police and the obligation of the CBSA is to ensure the safety of the public in the area.

Duty to Act

Officers who have been trained in the use of force and to whom defensive equipment, particularly duty firearms, have been issued have a duty to act while on duty, assist their colleagues and come to their aid when necessary, and to carry out their duties in a reasonable and responsible manner.

An officer who fails to carry out his or her duties without reasonable excuse may be subject to disciplinary action and may also be held civilly liable for such failure.

Training

Unarmed Officers

All officers who carry defensive equipment shall successfully complete the CDT training provided by the CBSA.

Armed Officers

To carry a duty firearm, officers must meet the CBSA criteria for physical, psychological and medical suitability.

Officers who are issued duty firearms will be required to successfully complete the CDT training and be qualified in the use and maintenance of a firearm.

Skills Maintenance/Re-certification

Officers who pass the CDT training, but have not been certified to be issued or carry a duty firearm, will be required to maintain their skills and successfully complete re-certification testing every three years.

Officers who pass the CDT training and duty firearms training will be required to maintain their skills and firearms proficiency. They will also have to successfully complete re-certification testing annually.

Officers trained and equipped to carry duty firearms shall attend two live-fire practice sessions per year and expend, at a minimum, 150 rounds of ammunition at each practice session. Practice time is paid duty and officers will be provided with ammunition for such purposes.

Officers trained and equipped to carry duty firearms are permitted to use their duty firearm to participate in unsupervised additional practice where CBSA-approved range facilities are available. Additional practice time will not be considered paid duty, and associated costs will be the responsibility of the officer. Reasonable quantities of ammunition, not to exceed 1000 rounds per calendar year, will be available to each officer for the purpose of additional practice. (This paragraph comes into effect April 1st, 2010.)

Officers must complete their re-certification no sooner than 90 days in advance of the anniversary date of their most recent certification and no later than 90 days following such anniversary date.

Duty firearms will be taken away from officers who have not re-certified within the 90 days following the anniversary date of their re-certification.

Officers who do not successfully re-certify to carry defensive equipment are not authorized to carry such tools and will cease to be so designated for the purposes of section 163.4 of the Customs Act.

Medical Assistance and First Aid

Officers will take immediate and appropriate steps to seek medical assistance for persons injured as the result of the use of force. Officers will not withhold medical assistance from anyone who requests it, provided the officer can safely do so.

Excessive Use of Force

The use of force outside the scope of an officer's duties or employment is not authorized.

All allegations of excessive use of force by officers will be reviewed and investigated in accordance with the CBSA's Policy on Use-of-Force Incident Reporting and Investigation.

The CBSA may pursue disciplinary action, up to and including dismissal, in those instances where allegations of the excessive use of force prove to be founded.

Roles and Responsibilities

CBSA Officers

CBSA officers are responsible for the following:
  1. Complying with this policy;
  2. Correctly applying only as much force as is necessary to rectify situations for the purpose of personal protection, protecting another officer or protecting the public, or in the administration or enforcement of the law in the execution of their duties as an officer;
  3. Informing their immediate supervisor on duty of a use-of-force incident as soon as practicable;
  4. Maintaining their skills in CDT techniques;
  5. Maintaining their proficiency in the use of duty firearms and undertaking re-certification testing annually; and
  6. Informing their immediate supervisor of any circumstance that may affect their capacity or ability to possess, carry or use a duty firearm.
Immediate Supervisors

Immediate supervisors are responsible for the following:
  1. Ensuring that officers comply with this policy and procedures;
  2. Advising complainants of the CBSA redress process in situations where the complainants feel an officer subjected them to excessive use of force;
  3. Ensuring that Use of Force reports are accurately completed when required and that these reports are forwarded to the district director and regional certified CBSA trainer;
  4. Ensuring that defensive equipment are taken away from officers who fail to undergo re-certification within the 90 days following the anniversary date of their re-certification;
  5. Maintaining their skills in CDT techniques;
  6. Maintaining their proficiency in the use of duty firearms; and
  7. Taking appropriate corrective action on any breaches of this policy and in accordance with the Policy on Use-of-Force Incident Reporting and Investigation.
District/Regional Directors

District/regional directors are responsible for the following:
  1. Ensuring that officers are provided with opportunities to attend the CBSA-sanctioned CDT and/or firearms training course;
  2. Reviewing completed use of force reports; and
  3. Identifying, in consultation with the trainer certified to deliver the CBSA's CDT and/or firearms training and their management team, any use-of-force incidents that require further study, review or debriefing.
Certified CBSA Trainers

Certified CBSA trainers are responsible for the following:
  1. Delivering the CBSA's CDT and/or firearms training program;
  2. Providing guidance to officers on the use of force, defensive equipment and duty firearms;
  3. Reviewing use of force reports to ensure they meet the criteria of this policy and standard operating procedures and the CBSA-sanctioned CDT and/or firearms training program; and
  4. Providing, as required, advice to management on matters related to the use of force.
Enforcement Branch

The Enforcement Branch is responsible for the following:
  1. Creating, maintaining and updating policy and procedures relating to the use of CDT and the use of firearms;
  2. Monitoring compliance with this policy and standard operating procedures; and
  3. Interpreting applicable legislation and jurisprudence as they relate to the use of force for the purposes of personal protection, protecting the public or in the administration or enforcement of the law.
Training and Learning (Human Resources Branch)

The Training and Learning Directorate is responsible for the following:
  1. Creating, maintaining and updating lesson and learning plans related to CDT and firearms training;
  2. Ensuring the certification and re-certification of CBSA trainers; and
  3. Providing guidance to certified CBSA trainers.

References

 

Appendix A

 

CBSA Incident Management Intervention Model

CBSA Incident Management Intervention Model

 

The officer continuously assesses risk and applies the necessary intervention to ensure public and police safety

Notes:

1. The term "public officer" is defined in Part III, subsection 117.07(2), of the Criminal Code as including in paragraph (a) a peace officer and in paragraph (g) a person, or a member of a class of persons, employed in the federal public administration ...who is prescribed to be a public officer. Officers within the meaning of the Customs Act are peace officers when performing any duty in the administration of that Act, and officers designated under subsection 138(1) of the Immigration and Refugee Protection Act are peace officers for the purposes of enforcing that Act. Additionally, persons employed as immigration officers are prescribed to be public officers by the Regulations Prescribing Public Officers.

2. The term "public agent" is defined in section 1 in the Public Agents Firearms Regulations and includes (i) peace officers and (iii) persons or members of a class of persons employed in the public service of Canada or by the government of a province or municipality who are prescribed to be public officers by the Regulations Prescribing Public Officers.