VANCOUVER POLICE DEPARTMENT
PLANNING, RESEARCH & AUDIT SECTION
ADMINISTRATIVE REPORT
REPORT DATE: December 7, 2009
BOARD MEETING: December 9, 2009
BOARD REPORT # #0985
Regular
TO:
Vancouver Police Board
FROM:
Jim Chu, Chief Constable
SUBJECT:
Addition to Regulations and Procedures Manual Section 1.17 Extreme Weather
Assistance
RECOMMENDATION(S):
It is recommended that the Vancouver Police Board approve:
1. Proposed amendments to Regulations and Procedures Manual (RPM) Section 1.17
Extreme Weather Assistance; and
2. This file be concluded.
POLICY:
THAT, the Vancouver Police Board approve the amendments to the Regulations and
Procedures Manual pursuant to Section 28 of the Police Act.
PURPOSE:
THAT, the following amendments to the Regulations and Procedures Manual be submitted to
the Vancouver Police Board for their consideration and approval, and subsequent forwarding to
Police Services as required by Section 28 of the Police Act.
BACKGROUND:
The Government of British Columbia passed Bill 18-2009 Assistance to Shelter Act (“the Act”),
to enact procedures to issue extreme weather alerts. The Act also gives police new powers to
compel persons deemed at risk to seek emergency shelter. The creation of a formalized
process to issue extreme weather alerts requires the creation of policy to manage the response
by the Vancouver Police Department (VPD).
DISCUSSION/IMPLICATIONS/ALTERNATIVES:
The Assistance to Shelter 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 a
person at risk to remain in an emergency shelter if the police have transported them there.
The Act was developed in response to incidents where homeless persons chose not to seek
shelter during extreme weather, and subsequently suffered bodily harm or death. The Act aims
to prevent similar incidents by providing additional tools for police to compel persons at risk
during an extreme weather alert to seek shelter.
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 also have provisions which may
be utilized by police in similar situations, and may be more appropriate depending upon the
situation.
This policy brings together the powers available in the context of the Assistance to Shelter Act,
in a manner that offers persons at risk of serious injury or death as a result of extreme weather
conditions, transportation to emergency shelter. If a person refuses to seek emergency shelter,
other powers to compel a person to seek shelter, shall be considered to ensure the person’s
safety.
The VPD shall provide whatever assistance is possible to persons at risk due to extreme
weather conditions. VPD assistance to the homeless has traditionally consisted of providing
blankets, directions to shelters, transportation when appropriate and even arrangement for more
permanent housing. In the rare case that a member encounters a person who does not want
shelter, the officer will continue to offer such assistance.
If these steps are not successful, and the officer believes that there is a risk of imminent serious
injury or death, the officer will offer “further assistance” in the form of “minimal non-forceful
touching”, equivalent to the supporting hand one would use in helping an elderly person cross
the street. If the person refuses that assistance the officer will withdraw the contact
immediately. The VPD will continue to explore other options to ensure the person survives the
extreme weather safely.
CONCLUSION:
The VPD is committed to safeguarding the safety and security of all persons its members deal
with while respecting their fundamental human rights. Clear direction must be provided to
ensure all appropriate options are utilized to ensure persons at risk can access shelter during
extreme weather alerts. This policy strikes an appropriate balance between safeguarding
fundamental human rights and the safety of persons during extreme weather.
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The Executive Committee of the Vancouver Police Department has approved the proposed
amendments outlined in this report and request that the Vancouver Police Board approve and
adopt these procedures.
Author:
Drazen Manojlovic
Telephone:
604-717-2682
Date:
Dec 7, 2009
Submitting Executive Member (signature):
Chief Constable Jim Chu
Date:
2009-12-07
This report has been prepared in consultation with the sections/divisions listed below, and they
concur with its contents.
Concurring:
Date:
Date:
Date:
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