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O. Reg. 394/23: MAJOR CASE MANAGEMENT AND APPROVED SOFTWARE REQUIREMENTS

under Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1

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current December 18, 2023 (e-Laws currency date)

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Community Safety and Policing Act, 2019

ONTARIO REGULATION 394/23

MAJOR CASE MANAGEMENT AND APPROVED SOFTWARE REQUIREMENTS

Consolidation Period: From December 18, 2023 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on April 1, 2024, the day subsection 11 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

PART I
INTERPRETATION

1.

Interpretation

PART II
GENERAL REQUIREMENTS FOR MAJOR CASE INVESTIGATIONS

2.

Procedures

3.

Assignment of major case personnel

4.

General compliance

PART III
THRESHOLD INVESTIGATIONS

5.

Threshold investigation personnel

6.

Major case manager duties

7.

Primary investigator responsibilities

8.

File co-ordinator responsibilities

9.

Mandatory supporting roles

10.

Optional supporting roles

11.

Prioritizing suspects and persons of interest

12.

Prioritizing actions

PART IV
NON-THRESHOLD INVESTIGATIONS

13.

Major case manager

14.

Non-threshold investigator reporting responsibilities

PART V
MULTI-JURISDICTIONAL MAJOR CASE INVESTIGATIONS

15.

SPCIC duties

16.

Multi-jurisdictional major case manager responsibilities

17.

Joint management team responsibilities

18.

Investigative consultant team

19.

Major case manager duties

PART VI
APPROVED SOFTWARE REQUIREMENTS

20.

Approved software

21.

Data entry requirements for threshold investigations

22.

Data entry requirements for non-threshold investigations

23.

Use of approved software for other investigations

24.

Exceptions for certain confidential information

 

Part I
Interpretation

Interpretation

1. (1) In this Regulation,

“approved software” means the software approved by the Minister under subsection 20 (1); (“logiciel approuvé”)

“command triangle” means the major case manager, the primary investigator and the file co-ordinator assigned to a major case investigation; (“triangle de commandement”)

“familial relationship” means a current or former relationship between members of a family, or between an individual and their caregiver or their attorney for personal care or attorney for property, and includes, without limitation, a relationship with or between,

(a) adoptive parents, adoptive siblings and adoptive children,

(b) step-parents, step-siblings and step-children,

(c) individuals in a parent-child relationship within the meaning of section 4 of the Children’s Law Reform Act,

(d) current and former married and common-law spouses and the children of either spouse; (“lien de parenté”)

“file co-ordinator” means a police officer responsible for managing investigative information in relation to a major case investigation; (“coordonnateur du dossier”)

“forensic identification officer” means a member of a police service responsible for conducting forensic examinations at crime scenes; (“agent des services d’identification médicolégale”)

“joint management team” means representatives of the senior command who have been selected by the police chief of each police service involved in a multi-jurisdictional major case investigation and who have authority to make decisions on the allocation of resources to investigations; (“équipe de gestion conjointe”)

“major case” means an occurrence involving one or more of the following:

1. Homicide within the meaning of subsection 222 (4) of the Criminal Code (Canada) or attempted homicide within the meaning of section 239 of the Criminal Code (Canada).

2. Sexual assault or attempted sexual assault within the meaning of sections 271 to 273 of the Criminal Code (Canada).

3. Sexual interference within the meaning of section 151 of the Criminal Code (Canada).

4. Sexual exploitation within the meaning of sections 153 and 153.1 of the Criminal Code (Canada).

5. Invitation to sexual touching within the meaning of section 152 of the Criminal Code (Canada).

6. Abduction or kidnapping within the meaning of section 279, 280 or 281 of the Criminal Code (Canada), where the victim and offender are not in a familial relationship, or an attempt thereof.

7. Trafficking in persons within the meaning of section 279.01 of the Criminal Code (Canada) or trafficking in persons under the age of 18 years within the meaning of section 279.011 of the Criminal Code (Canada), or an attempt thereof.

8. A missing person, if,

i. there is a strong possibility that the missing person has been the victim of homicide, an assault causing serious bodily harm, abduction or kidnapping, or

ii. the person cannot be located or contacted by a member of a police service for 30 days after being reported missing.

9. An occurrence involving found human remains that is suspected to be homicide.

10. Criminal harassment within the meaning of section 264 of the Criminal Code (Canada) where the harasser is not known to the victim and there is reason to believe the harassment is for a sexual purpose; (“cas grave”)

“major case investigation” means an investigation into any major case, including a threshold investigation and a non-threshold investigation; (“enquête sur un cas grave”)

“major case manager” means a police officer responsible for the overall management and administration of a major case investigation; (“responsable de la gestion de cas grave”)

“multi-jurisdictional major case investigation” means an investigation into multiple major cases that is combined into a single investigation in accordance with Part V; (“enquête sur un cas grave de portée multiterritoriale”)

“multi-jurisdictional major case manager” means a major case manager assigned to manage a multi-jurisdictional major case investigation; (“responsable de la gestion de cas grave de portée multiterritoriale”)

“non-threshold investigation” means any major case investigation that is not a threshold investigation; (“enquête sur une affaire au-dessous du seuil”)

“non-threshold investigator” means a police officer responsible for leading a non-threshold investigation; (“enquêteur sur une affaire au-dessous du seuil”)

“primary investigator” means a police officer responsible for leading a threshold investigation; (“enquêteur principal”)

“scenes of crime officer” means a member of a police service responsible for supporting forensic examinations at crime scenes; (“agent de la police technique”)

“SPCIC” means the Serial Predator Crime Investigations Co-ordinator in the Ontario Major Case Management Unit of the Ministry; (“CECASS”)

“supporting role” means,

(a) a canvass co-ordinator,

(b) a digital evidence co-ordinator,

(c) a field investigator,

(d) a forensic identification officer,

(e) a judicial authorization co-ordinator,

(f) an information co-ordinator,

(g) a media liaison,

(h) a scene co-ordinator,

(i) a victim liaison, or

(j) any other role deemed necessary by the major case manager for a particular major case investigation; (“rôle de soutien”)

“threshold investigation” means an investigation into a major case involving one or more of the following:

1. Homicide within the meaning of subsection 222 (4) of the Criminal Code (Canada) or attempted homicide within the meaning of section 239 of the Criminal Code (Canada).

2. Sexual assault, attempted sexual assault, sexual interference, sexual exploitation or invitation to sexual touching, if, in relation to these offences, both of the following criteria are met:

i. The offender is believed to have done one or more of the following:

A. Carried, used or threatened to use a weapon or an imitation weapon.

B. Threatened to cause bodily harm to a person other than the victim.

C. Caused bodily harm to the victim.

D. Been a party to the offence with any other person.

E. Committed an aggravated sexual assault within the meaning of subsection 273 (1) of the Criminal Code (Canada).

F. Tortured the victim.

G. Used restraints, bondage or a disguise.

H. Used photographic, video or audio equipment to record the offence.

I. Removed a personal item of the victim from the location of the offence.

J. Told the victim what to say or how to speak during their interaction.

K. Used a deception, trick or ruse to lure the victim.

L. Committed an offence for the purpose of facilitating an offence listed in this definition.

ii. None of the following circumstances apply:

A. The victim and offender have or had a familial relationship or any other kind of personal relationship.

B. The offence being investigated occurred more than one year prior to the commencement of the investigation.

C. Within 14 days after the commencement of the investigation into the offence, the offender is identified, whether or not they are arrested or charged, or the offender is deceased.

3. Abduction or kidnapping within the meaning of section 279, 280 or 281 of the Criminal Code (Canada), where the victim and offender are not in a familial relationship, or an attempt thereof.

4. A missing person, if there is a strong possibility that the missing person has been the victim of homicide, an assault causing serious bodily harm, abduction or kidnapping.

5. An occurrence involving found human remains that is suspected to be homicide; (“enquête sur une affaire dépassant le seuil”)

“victim” has the same meaning as in the Victims’ Bill of Rights, 1995. (“victime”)

(2) For the purposes of this Regulation, two or more unsolved major case investigations are considered to be linked if there is reason to suspect that one or more offences under investigation in each of the investigations have been committed by the same offender.

(3) For greater certainty, major case investigations may be linked regardless of whether the investigations are being conducted by the same police service or by different police services.

Part II
General Requirements for Major Case Investigations

Procedures

2. (1) A chief of police shall develop procedures on major case management that are consistent with this Regulation.

(2) The procedures must address, at a minimum,

(a) how to structure a major case investigation in compliance with this Regulation; and

(b) who is responsible for each task in a major case investigation, consistent with the roles and responsibilities set out in this Regulation.

(3) The procedures must reflect and acknowledge the importance of the following principles in major case investigations:

1. Following a consistent and thorough investigative methodology.

2. Effective management of large volumes of investigative information.

3. Effective communication among members of the investigative team.

4. Maintaining clear and detailed investigative chronologies and records of investigative decisions.

5. Effective investigation management planning with clear objectives and strategies to achieve them.

6. Preventing tunnel vision in major case investigations.

Assignment of major case personnel

3. (1) A chief of police shall ensure that any individual assigned as a major case manager has the necessary competence and experience to fulfil the role in accordance with this Regulation.

(2) In determining whether an individual should be assigned as a major case manager, the chief of police shall consider whether the individual possesses the following attributes:

1. Strong communication skills.

2. Leadership and team building skills.

3. Emotional intelligence and creativity.

4. Critical thinking skills.

5. The ability to understand ethical and legal considerations.

6. Time management and organizational skills.

(3) A major case manager shall ensure that any individual assigned as a primary investigator, a non-threshold investigator, a file co-ordinator or a supporting role has the necessary competence and experience to fulfil the role in accordance with this Regulation.

(4) A major case manager shall ensure that any individual assigned to a supporting role has successfully completed the training prescribed by the Minister for that supporting role.

General compliance

4. (1) A major case manager shall ensure that every major case investigation for which they are responsible is conducted in accordance with this Regulation.

(2) No member of a police service shall speak to the media regarding a major case investigation except as authorized by the major case manager.

Part III
Threshold Investigations

Threshold investigation personnel

5. (1) A chief of police shall assign a major case manager to every threshold investigation conducted by a member of the police service and shall ensure that the major case manager assigns a primary investigator and file co-ordinator in accordance with subsection (2).

(2) The major case manager shall assign a primary investigator and file co-ordinator to the threshold investigation.

(3) The major case manager shall assign the following supporting roles to the threshold investigation:

1. Field investigator.

2. Media liaison.

3. Scene co-ordinator.

4. Victim liaison.

(4) The major case manager shall ensure that the forensic identification supervisor of the police service assigns a forensic identification officer to the threshold investigation, unless a scenes of crime officer is assigned to take over the duties in accordance with subsection (5).

(5) In a major case investigation of any major case other than homicide, the major case manager may assign a scenes of crime officer to undertake the duties of a forensic identification officer described in this Regulation if the major case manager, in consultation with the forensic identification supervisor, determines that the scenes of crime officer is qualified to conduct the required tasks.

Major case manager duties

6. The major case manager shall perform the following duties in respect of the threshold investigation:

1. Oversee the investigative process and the work performed by members of the police service in connection with the investigation, including the work of the primary investigator, the file co-ordinator and any members assigned to supporting roles.

2. In consultation with the primary investigator and file co-ordinator, develop strategies with respect to the speed, flow and direction of the investigation.

3. In consultation with the primary investigator and file co-ordinator, identify risks and develop mitigation strategies relating to the investigation.

4. Ensure the implementation of investigative strategies, as appropriate.

5. In consultation with the primary investigator and file co-ordinator, determine whether the threshold investigation requires any supporting roles in addition to those assigned under section 5 and, if so, assign an individual to the role.

6. In consultation with the primary investigator, identify and manage the human, financial and material resources required to conduct the investigation.

7. Authorize one or more members of the police service to speak to the media regarding the investigation.

8. Maintain thorough and complete investigative notes.

9. Ensure a detailed investigative chronology is maintained by the file co-ordinator in consultation with the primary investigator.

10. In consultation with the file co-ordinator, establish and implement processes to manage investigative information as required under this Regulation.

11. In consultation with the primary investigator, file co-ordinator and scene co-ordinator, determine whether to obtain expert services for conducting examinations of digital evidence.

12. In consultation with the primary investigator, the file co-ordinator, the scene co-ordinator and the forensic identification officer, determine whether to obtain expert services for conducting examinations of the scene under investigation.

13. In consultation with the primary investigator and file co-ordinator, determine whether there are linked or potentially linked major case investigations of which the SPCIC should be notified.

14. Ensure that any linkages or potential linkages between major cases are investigated.

15. If linked major case investigations are identified, ensure that the SPCIC is notified within seven days after the link is identified and, in consultation with the SPCIC and the major case managers of any linked major case investigations, determine the need for any further investigative action.

16. Engage forensic and other support resources as needed to ensure that case conferences are facilitated at the earliest stage possible of the investigation.

17. Request the assignment of a scientific advisor from the Centre of Forensic Sciences as needed.

18. In consultation with the primary investigator and the file co-ordinator, where there is a suspected nexus to organized crime, contact the officer in charge of the police service’s intelligence unit, or their designate, to seek direction and guidance on the collection, storage and dissemination of intelligence information or, if the police service does not have an intelligence unit, liaise with the assigned Regional Intelligence Co-ordinator from the Criminal Intelligence Service Ontario for direction and guidance.

19. Engage the Ontario Multi-Disciplinary Case Conference Consortium for investigative assistance as needed.

20. Ensure that human resources are sufficient to manage investigations through the approved software.

Primary investigator responsibilities

7. (1) The primary investigator shall report to the major case manager.

(2) The primary investigator shall perform the following duties in respect of the threshold investigation:

1. Consult with the major case manager about the following:

i. The speed, flow and direction of the investigation.

ii. Risks and mitigation strategies relating to the investigation.

iii. The human, financial and material resources required to conduct the investigation.

2. Provide instructions and assign roles and responsibilities to personnel within the investigative team based on their competency, investigative experience and training.

3. Consult with the file co-ordinator about the investigative chronology.

4. Review and assess all investigative information.

5. Do the following for each individual who is identified as a suspect or a person of interest:

i. Ensure that a thorough background investigation is conducted.

ii. Review the results of the investigation in consultation with the major case manager and file co-ordinator.

iii. Ensure that all relevant investigative avenues have been exhausted.

6. Ensure any information received in connection with the investigation is assessed for investigative significance, prioritized and actioned in the approved software as required.

7. In consultation with the major case manager, ensure actions generated in the approved software are completed, reviewed and approved in a timely manner.

8. Communicate relevant investigative information to the investigative team through regular meetings or briefings and, in consultation with the file co-ordinator, maintain meeting or briefing minutes.

9. Report linked major case investigations to the major case manager and file co-ordinator as soon as possible.

10. Report if there is a reasonable suspicion of any other potential linkages between major case investigations to the major case manager and file co-ordinator as soon as possible.

11. Consult with the major case manager and file co-ordinator about notifying the SPCIC of any investigations that may be linked major case investigations.

12. Ensure that similarities between any entries in the approved software about a person, place or thing relevant to the investigation are investigated.

13. Liaise with any assigned digital evidence co-ordinator to ensure that digital evidence is submitted for processing and analysis and is reviewed upon completion.

14. Ensure that all members of the police service who submit exhibits to forensic testing facilities in relation to the investigation provide the primary investigator with status reports every 30 days until all final results have been received.

15. When judicial authorizations to intercept private communications are required, ensure a qualified police officer prepares the affidavit in consultation with the local Crown Attorney designated as agent for the Attorney General.

16. Maintain thorough and complete investigative notes.

File co-ordinator responsibilities

8. (1) The file co-ordinator shall report to the major case manager.

(2) The file co-ordinator shall perform the following investigative duties in respect of the threshold investigation:

1. Consult with the major case manager about processes to manage investigative information as required under this Regulation.

2. Ensure that,

i. actions are generated in the approved software,

ii. actions are reviewed and approved by the primary investigator, and

iii. all investigative information is entered in the approved software, subject to the exceptions in section 24.

3. In consultation with the primary investigator, create and maintain the investigative chronology.

4. Maintain a record of investigative decisions in consultation with the primary investigator.

5. Report any linkages or potential linkages between major case investigations to the major case manager and primary investigator as soon as possible.

6. Consult with the major case manager and primary investigator about notifying the SPCIC of any investigations that may be linked major case investigations.

7. Notify the primary investigator of any similarities between any entries in the approved software about a person, place or thing relevant to the investigation.

8. In consultation with the primary investigator, ensure meeting or briefing minutes are maintained.

9. Ensure the appropriate security of all documents containing investigative information.

10. Maintain thorough and complete investigative notes.

11. Ensure all investigative information is prepared for disclosure.

(3) The file co-ordinator shall perform the following information management duties in respect of a threshold investigation:

1. Review all investigative information to ensure accuracy and completeness.

2. Provide advice to the major case manager and primary investigator on the investigative relevance of all investigative information.

3. Ensure the investigative information is prioritized for review by the command triangle.

4. Ensure all investigative information is entered, researched, indexed and cross-referenced in the approved software by a member of the police service who has successfully completed the training prescribed by the Minister.

5. Review and verify all investigative information entered in the approved software.

6. Ensure all investigative information is entered in the approved software in accordance with this Regulation.

7. Ensure investigative information is managed and stored in accordance with this Regulation.

Mandatory supporting roles

9. (1) A field investigator shall,

(a) report to the primary investigator; and

(b) develop appropriate interviewing strategies to maximize the effectiveness of interviews and the quality of information and evidence obtained.

(2) A forensic identification officer shall,

(a) report to the primary investigator;

(b) determine the sequence of evidence examination;

(c) work in close co-operation with the scene co-ordinator; and

(d) contact the Centre of Forensic Sciences or other forensic testing facilities to determine the status of exhibits submitted at least every 30 days and report the results of that contact to the command triangle.

(3) A media liaison officer shall,

(a) report to the major case manager;

(b) obtain approval for all media releases from the major case manager;

(c) manage and control all police media releases;

(d) meet with the media as necessary;

(e) liaise directly with the major case manager on matters concerning written releases, media enquiries, problems involving media personnel, public appeals or the chief of police’s procedures relating to media; and

(f) ensure all media releases and reports in any medium are forwarded to the file co-ordinator.

(4) A scene co-ordinator shall,

(a) report to the primary investigator;

(b) in consultation with the command triangle and the forensic identification officer, develop a crime scene investigation plan including,

(i) areas to be searched and items to be searched for,

(ii) personnel requirements for the investigation of the crime scene,

(iii) specialized investigative techniques or equipment to be used, and

(iv) legal requirements relating to the crime scene investigation;

(c) in consultation with the forensic identification officer, identify barriers to controlling crime scenes, assess how to overcome them and implement crime scene control measures and health and safety procedures;

(d) ensure a log of who has entered and exited the crime scene is maintained; and

(e) in consultation with the command triangle and forensic identification officer, release the crime scene after ensuring that all practicable search methods and investigative techniques in relation to the crime scene have been exhausted.

(5) A victim liaison shall,

(a) report to the major case manager;

(b) ensure all information releases that disclose information about the investigation to victims are authorized by the major case manager;

(c) liaise and maintain regular contact with victims;

(d) maintain a log of contact with victims;

(e) control all information released by the investigative team to victims;

(f) ensure that any information relating to a major case investigation that is going to be made public is first shared with victims;

(g) assist victims in obtaining support and referrals for victim support services;

(h) work closely with the appropriate support service liaison or Victim Witness Assistance Program personnel as applicable; and

(i) ensure victims are informed of the case status, bail conditions, court dates and final disposition of any criminal proceeding relating to the investigation.

Optional supporting roles

10. (1) A canvass co-ordinator shall,

(a) report to the primary investigator;

(b) in consultation with the primary investigator, establish a canvass plan that,

(i) outlines the objectives of the canvass,

(ii) determines the area to be canvassed, and

(iii) identifies any specific questions to be asked when canvassing;

(c) brief canvass personnel on the questions to ask and the types of information to be collected; and

(d) collect all documents prepared for the purpose of or resulting from the canvass and provide them to the file co-ordinator.

(2) A digital evidence co-ordinator shall,

(a) report to the primary investigator;

(b) as needed, consult with digital forensic analysts or experts to ensure co-ordination for the proper seizure, continuity, submission, processing and preservation of digital evidence;

(c) submit digital evidence for analysis by appropriate analysts or experts as needed; and

(d) report the results of the analysis to the primary investigator.

(3) An information co-ordinator shall,

(a) report to the file co-ordinator;

(b) assist the file co-ordinator with their responsibilities under this Regulation;

(c) enter complete and accurate investigative information into the approved software;

(d) generate actions in the approved software as directed by the command triangle;

(e) research, index and cross-reference all investigative information as required under this Regulation;

(f) identify and report immediately to the file co-ordinator,

(i) any inconsistencies observed in investigative information, and

(ii) any similarities between new and existing entries in the approved software about a person, place or thing relevant to the investigation; and

(g) assist the file co-ordinator in the preparation of disclosure.

(4) A judicial authorization co-ordinator shall,

(a) report to the primary investigator;

(b) prepare or co-ordinate the preparation of all judicial authorizations, search warrants, production orders and consent forms;

(c) monitor applicable judicial timelines, including for reports on seized items and for detention orders;

(d) provide updates to the command triangle on the status of all judicial authorizations, search warrants, production orders and consent forms; and

(e) liaise with the local Crown Attorney on legal issues, as required.

Prioritizing suspects and persons of interest

11. (1) If an individual is identified as a suspect in a threshold investigation, the major case manager, in consultation with the primary investigator and file co-ordinator, shall rank the suspect as high, medium or low priority for further investigation based on the following factors:

1. The existence and extent of corroborating evidence.

2. The reliability of investigative information.

3. The frequency with which the person is mentioned across all sources of investigative information.

4. The existence of motive.

5. The existence of opportunity to commit the offence.

6. The suspect’s relationship to the victim.

7. Any other background information on the suspect.

(2) If an individual is identified as a person of interest in a threshold investigation, the major case manager, in consultation with the primary investigator and file co-ordinator, shall rank the person of interest as high, medium or low priority for further investigation based on the following factors:

1. The background of the person of interest.

2. The person of interest’s relationship to the victim.

3. The existence of opportunity to commit the offence.

(3) For all suspects and persons of interest, the primary investigator shall do the following:

1. Ensure that a thorough background investigation is conducted.

2. Review the results of the background investigation in consultation with the major case manager and file co-ordinator.

3. Ensure that all relevant investigative avenues have been exhausted.

Prioritizing actions

12. (1) The major case manager in a threshold investigation, in consultation with the primary investigator and file co-ordinator, shall rank all actions in the approved software as high, medium or low priority based on the following factors:

1. Risk to public safety.

2. Potential for loss of evidence.

3. Whether the source of the information is known or anonymous and, if known, whether the source can be contacted.

4. The frequency of other references to the same information.

5. Specificity of the information.

6. Seriousness of the offence.

7. Reliability of the source, if known.

(2) For all actions, the primary investigator shall,

(a) ensure that a thorough investigation is conducted;

(b) in consultation with the command triangle, review the results of the actions; and

(c) ensure that all relevant investigative avenues have been exhausted.

Part IV
Non-Threshold Investigations

Major case manager

13. (1) A chief of police shall assign a major case manager to every non-threshold investigation conducted by a member of the police service.

(2) The major case manager assigned to a non-threshold investigation shall assign and oversee a non-threshold investigator for the investigation.

(3) The major case manager shall perform the following duties in respect of a non-threshold investigation:

1. Assign personnel to support or assist the non-threshold investigator as needed.

2. If linked major case investigations are identified, ensure that the SPCIC is notified within seven days after the link is identified and, in consultation with the SPCIC and the major case managers of any linked major case investigations, determine the need for any further investigative action.

3. Engage forensic and other support resources as needed.

4. Continually assess the nature of the investigation, taking into account that a non-threshold investigation can transition quickly into a threshold investigation and be subject to the rules for threshold investigations under this Regulation.

5. Approve the results of the investigation or assign it back to the non-threshold investigator for further investigation.

Non-threshold investigator reporting responsibilities

14. A non-threshold investigator shall report to the major case manager.

Part V
Multi-Jurisdictional Major Case Investigations

SPCIC duties

15. (1) The SPCIC may, in accordance with this section, determine that two or more linked major case investigations shall proceed as a single multi-jurisdictional major case investigation if,

(a) at least two of the linked major case investigations are threshold investigations in different jurisdictions; and

(b) the investigations do not involve trafficking in persons, trafficking in persons under the age of 18 or attempts thereof.

(2) After being notified of linked or potentially linked major case investigations that meet the requirements set out in subsection (1), the SPCIC shall,

(a) conduct a review of,

(i) the nature of the offences under investigation in the investigations,

(ii) the scope and complexity of the investigations,

(iii) the number of victims,

(iv) the time-frame in which the offences were committed, and

(v) the likelihood of escalation of criminal activity by the offender or offenders;

(b) facilitate a case conference with the police services involved in the investigations;

(c) following the case conference, determine whether the investigations will proceed as a multi-jurisdictional major case investigation;

(d) in consultation with the Provincial Lead of the Ontario Major Case Management Unit, ensure that a multi-jurisdictional major case manager is assigned to the multi-jurisdictional major case investigation, if applicable;

(e) continue to monitor and assess the multi-jurisdictional major case investigation or linked or potentially linked major case investigations, as applicable; and

(f) if it is determined the investigations will not proceed as a multi-jurisdictional major case investigation, continually assess the progress of the linked or potentially linked major case investigations to determine whether they should proceed as a multi-jurisdictional major case investigation.

(3) The SPCIC shall ensure that any individual assigned as a multi-jurisdictional major case manager,

(a) has the necessary competence, experience and training to fulfil the role in accordance with this Regulation; and

(b) has completed the required training prescribed by the Minister.

(4) In determining whether an individual should be assigned as a multi-jurisdictional major case manager, the SPCIC shall consider whether the individual possesses the following attributes:

1. Strong communication skills.

2. Leadership and team building skills.

3. Emotional intelligence and creativity.

4. Critical thinking skills.

5. The ability to understand ethical and legal considerations.

6. Time management and organizational skills.

Multi-jurisdictional major case manager responsibilities

16. (1) A multi-jurisdictional major case manager shall perform the following duties in respect of the multi-jurisdictional major case investigation:

1. Determine whether the command triangle for each linked major case investigation will be maintained, and if not, who will be responsible for fulfilling the obligations of the command triangle in relation to the linked investigations.

2. Determine whether the roles of the primary investigator, the file co-ordinator, the media liaison or the victim liaison from multiple investigations should be merged and, if so, determine who shall be responsible for these merged duties.

3. Draft a multi-jurisdictional major case investigative plan.

4. Ensure the multi-jurisdictional major case investigative plan is approved by all members of the joint management team as soon as possible.

5. Amend the multi-jurisdictional major case investigative plan as needed and ensure that all members of the joint management team approve the amendments.

6. Establish an investigative consultant team as described in section 18.

7. Report to the joint management team as required to report on the progress of the investigation.

8. When needed, as determined in consultation with the SPCIC, prepare a request for provincial funding.

9. Ensure detailed written progress updates, reports, briefing notes and financial records are prepared as requested by the joint management team.

10. Consult with the SPCIC throughout the investigation.

11. At the conclusion of the investigation, participate in a case review as directed by the SPCIC.

(2) The multi-jurisdictional major case manager shall,

(a) oversee the major case managers for the linked investigations;

(b) ensure that the duties of the command triangle in this Regulation continue to be met in accordance with any modifications to the command structure determined by the multi-jurisdictional major case manager; and

(c) ensure that the duties of any primary investigator, file co-ordinator, media liaison or victim liaison roles in this Regulation that have been merged continue to be met.

(3) The major case manager from every involved police service shall report to the multi-jurisdictional major case manager.

Joint management team responsibilities

17. (1) A joint management team shall perform the following duties in respect of the multi-jurisdictional major case investigation:

1. Meet as required with the SPCIC, the multi-jurisdictional major case manager and the involved major case managers and maintain contact throughout the investigation.

2. Determine whether to approve the multi-jurisdictional major case investigative plan and any amendments to the plan.

3. Monitor the expenditure, financial accountability and cost effectiveness of the investigation.

4. Provide general oversight of the investigation without participating in investigative decisions, unless those investigative decisions involve a substantial change to the investigative plan or require a change in the policies or procedures for the police service, in which case the joint management team shall assist with making the investigative decision.

5. Provide advice and support and determine whether to authorize additional resources to facilitate the investigation.

6. Establish a schedule for the multi-jurisdictional major case manager to report to the joint management team on the progress of the investigation.

7. Ensure the minutes of joint management team meetings are retained in the records of the investigation.

8. In consultation with the SPCIC and multi-jurisdictional major case manager, determine whether the investigation should continue to proceed as a multi-jurisdictional major case investigation or proceed instead as multiple distinct major case investigations.

(2) If the joint management team, the SPCIC and the multi-jurisdictional major case manager determine that an investigation should no longer proceed as a multi-jurisdictional major case investigation and should instead proceed as multiple distinct major case investigations, they shall ensure that the investigations proceed in a manner that ensures that each of the investigations continues to meet the requirements of this Regulation.

Investigative consultant team

18. (1) The investigative consultant team for a multi-jurisdictional major case investigation shall consist of the members of the command triangles from each police service involved in conducting the investigation.

(2) The investigative consultant team may also include, without limitation and at the discretion of the multi-jurisdictional major case manager:

1. Forensic experts.

2. Medical experts.

3. Representatives from the Centre of Forensic Sciences.

4. Representatives from the Office of the Chief Coroner.

5. Forensic psychiatry experts.

6. Local Crown Attorneys.

7. Forensic pathology experts.

(3) The investigative consultant team for the multi-jurisdictional major case investigation shall provide guidance, assistance and support to the multi-jurisdictional major case manager.

Major case manager duties

19. In a multi-jurisdictional major case investigation, the major case managers involved in the investigation shall,

(a) report to the multi-jurisdictional major case manager;

(b) meet with the multi-jurisdictional major case manager as required to share investigative information for briefings; and

(c) liaise with the investigative consultant team, in consultation with the multi-jurisdictional major case manager.

Part VI
Approved Software Requirements

Approved software

20. (1) The Minister shall approve software for the purposes of this Regulation that must be capable of supporting the requirements in this Regulation relating to managing investigative information, including data entry and the organization of records.

(2) Members of police services shall use the approved software to manage investigative information in major case investigations.

(3) The Minister may approve new software, from time to time.

Data entry requirements for threshold investigations

21. (1) Subject to subsections (3) and (4) and to the exceptions in section 24, a member of a police service who has been assigned responsibility for entering investigative information in the approved software for a threshold investigation shall enter the information as soon as practicable, but no more than 30 days after receiving the information.

(2) The file co-ordinator for the threshold investigation shall ensure that all investigative information is,

(a) indexed, researched and cross-referenced in the approved software; and

(b) organized under the headings available within the approved software or under such additional headings as may be applicable.

(3) In situations where an investigation has been reclassified as a threshold investigation, a member of a police service who has been assigned responsibility for entering investigative information in the approved software shall enter the information as soon as practicable, but no more than 30 days following the reclassification.

(4) For a threshold investigation where the victim and offender were in a familial relationship, where the offender is identified, whether or not they are arrested or charged, within 14 days after the commencement of the investigation or where the offender is deceased within 14 days after the commencement of the investigation, only the following information must be indexed, researched and cross-referenced as soon as practicable but no more than 30 days after being received:

1. The date, time and location of the incident.

2. The name and personal identifiers of the victim.

3. The name and personal identifiers of the offender, suspects and persons of interest.

(5) For greater certainty, any information that is not required to be entered into the approved software by this section but that may assist in the investigation may still be entered into the approved software.

Data entry requirements for non-threshold investigations

22. (1) Subject to the exceptions in section 24, a member of a police service who has been assigned responsibility for entering investigative information in the approved software for a non-threshold investigation shall enter the information as soon as practicable, but no more than 30 days after receiving the information.

(2) The file co-ordinator shall ensure that the following information is indexed, researched and cross-referenced in the approved software:

1. The date, time and location of the incident.

2. The name and personal identifiers of the victim.

3. The name and personal identifiers of the offender, suspects and persons of interest.

(3) The file co-ordinator shall ensure that all investigative information is organized under the headings available within the approved software or under such additional headings as may be applicable.

(4) For greater certainty, any information that is not required to be entered into the approved software by this section but that may assist in the investigation may still be entered into the approved software.

Use of approved software for other investigations

23. (1) Members of a police service may use the approved software for an investigation that is not a major case investigation if the investigation relates to one or more of the following:

1. Arson.

2. Child pornography.

3. Cruelty to animals.

4. Discharge of a firearm.

5. Indecent acts.

6. Indecent exposure.

7. An intelligence project.

8. Luring a child.

9. Fraud.

10. Organized crime.

11. Trespass at night.

12. Voyeurism.

13. Hate-related offences, including any offences believed to be motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity or expression or on any other similar factor.

(2) Members of a police service may use the approved software for any other investigation if authorized to do so by the Provincial Major Case Management Software Co-ordinator.

Exceptions for certain confidential information

24. (1) Despite any other provision of this Regulation, the following shall not be entered into the approved software:

1. Documents provided by Crime Stoppers relating to tips received by Crime Stoppers.

2. Information that would reasonably be expected to identify a police agent, an undercover police officer or a confidential human source, also known as a confidential informant.

3. ViCLAS submissions.

(2) Despite any other provision of this Regulation, investigative information obtained from a Crime Stoppers tip shall only be entered into the approved software in a manner that does not identify the source of the tip.

Part VII (OMITTED)

25. Omitted (provides for coming into force of provisions of this Regulation).

 

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