Proposed Policy
FOI recommendation: For Public Release
Section 1.17 Extreme Weather Assistance
POLICY
The VPD is committed to safeguarding the safety and security of all people its members
deal with while respecting their fundamental human rights. This includes incidents
where extreme weather places people at risk who have no shelter or access to shelter.
The Assistance to Shelter Act (“the Act”) provides police the option of using reasonable
physical force to compel a person who has been deemed at risk of suffering physical
harm or is suffering physical harm to be transported to an emergency shelter. This
option is only applicable when an extreme weather alert, within the definition of the Act,
is in effect. The Act is not intended to supplant or limit the enforcement of any other
provincial or federal acts. The Act does not provide any powers of arrest, nor does it
provide any powers to compel persons at risk to remain in an emergency shelter if the
police have transported them there.
Existing legislation such as the Mental Health Act, the Child, Family and Community
Service Act, the Liquor Control and Licensing Act, and the Offence Act have provisions
for the police that may be applicable and of assistance in ensuring the safety of persons
at risk during extreme weather. Such legislation should be utilized during extreme
weather if appropriate in a particular situation.
PROCEDURE
Upon the activation of an extreme weather alert, as defined in the Act, the following
shall apply:
1. The Central Dispatcher (CD) at E-COMM1 shall notify Car 10 and all VPD
uniform members of the extreme weather alert, and ensure that as new members
come on duty, they are also notified of the extreme weather alert.
2. The CD shall create a Special Attention (SA) call, covering all four VPD districts,
and shall leave the SA on the Dispatch Board until the end of the extreme
weather alert. Any incidents related to the extreme weather alert shall be crossreferenced to the SA call.
3. Car 10 shall notify VPD Public Affairs Section and the Homeless Outreach
Coordinator.
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4. Where a member encounters persons without shelter during extreme weather,
the following options should be considered to assist them:
a. If the person is under 19 years of age, the member shall consider utilizing
the provisions of Section 27(1) of the Child, Family and Community
Service Act to protect a child at risk;
b. If the person meets the criteria under s. 28 of the Mental Health Act, then
apprehend as set out in RPM Section 1.6.24 (i) [link];
c. If the person meets the criteria to arrest for being in a State of Intoxication
in a Public Place (H/SIPP) then arrest as described in s. 1.4.5 of the RPM,
“Arrest – Hold Intoxication in a Public Place” [link]; or
d. If the person is in need of medical attention but refuses and is believed to
be unable to make a competent decision to do so, call EHS and
apprehend as described in s. 1.2.2 “Use of Force to Provide Medical Aid”
[link] if sufficient grounds exist.
5. If the member determines that there are no grounds for an apprehension or
arrest as described in section 4 of this policy, and in the member’s opinion the
person may suffer imminent serious injury or death due to the extreme weather,
the member shall:
a. State their authority under the Assistance to Shelter Act;
b. Offer transportation2 to an emergency shelter or other appropriate shelter;
c. Permit the person to go unaccompanied to an emergency shelter or other
appropriate shelter; and,
d. Provide a list of emergency shelters for that person’s future reference and
use3.
6. If the person refuses to utilize an emergency shelter, the following procedure
shall apply:
a. The member shall offer other reasonable assistance to the person.
Reasonable assistance may include:
i. Reinforcing the authority under the Assistance to Shelter Act in
an attempt to convince the person to cooperate for their own
safety;
ii. Providing blankets (if available);
iii. Contacting available outreach workers to assist;
iv. Requesting a SA that on-duty members periodically check on
the welfare of the person (where operationally feasible);
v. Taking other steps that will satisfy our duty of care to the person
at risk (e.g., obtaining the person’s agreement to move to a more
protected location where they are not at risk of imminent serious
injury or death).
b. If the member determines the above alternatives are insufficient, then the
member may attempt to provide further assistance to the person in order
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to assist them to shelter, as provided for in the Act. “Further assistance” in
this policy means minimal, non-forceful touching with the sole goal of
persuading the person to seek shelter; and,
c. If met with more than passive resistance, the member shall not escalate to
a higher level use of force but instead shall disengage and release the
person.
7. In all cases members shall submit a detailed General Occurrence Report, cross
referenced to the SA generated for the extreme weather alert.
8. If it is determined that there are no available emergency shelter spaces within
Vancouver, the CD shall contact BC Housing emergency contact at XXXX4.
9. Upon notification by the party responsible for issuing the extreme weather alert
that the alert has been cancelled, the CD shall notify Car 10, all on duty
members, the VPD Homeless Outreach Coordinator and close the appropriate
SA call with the details of the alert cancellation.
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The logistics to ensure E-COMM is notified will be addressed during meetings in the next week
BC Housing is currently working on a transportation plan, details will be added upon their completion
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The list will be provided to Jodyne Keller who will ensure that E-COMM and the Districts Section Assistants have
copies. The Section Assistants will maintain a supply for distribution to members by NCOs
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BC Housing will be developing an emergency contact protocol and this will be updated upon their completion
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