I highly recommend anyone involved in analyzing police use of force cases reviews this report. The judge makes numerous very insightful comments as well as case law references. Chris Butler

The written judgment delivered today by Justice Bruce G. Thomas in finding OPP Constable O'Rourke not guilty of manslaughter is attached. I highly recommend anyone involved in analyzing police use of force cases reviews this report. The judge makes numerous very insightful comments as well as case law references.

I was grateful to have provided assistance by way of expert testimony relating to use of force policing practices, particularly related to risk assessments, human factors and the use of firearms...

"Butler testified as to the use of the Provincial Use of Force Model discussed previously in these reasons. A summary of his evidence in this area is captured by the following paragraph of his report filed as an exhibit:

After an officer evaluates the Situational Factors, the Officer Perceptual Factors and the Tactical Considerations, it can be said that the ‘best case’ risk assessment has been completed. However, it must be reiterated that the Use of Force Model presents a hypothetical risk management construct which while good in principle, often cannot be thoroughly applied in the real life of operational policing. In situations where there is no discretionary time, the incident is unstable and rapidly unfolding, and the risk is high thus demanding an immediate intervention, officers are typically compelled to act before a fulsome risk assessment can be developed. Real life policing often means that by the very nature of dangerous situations, very little risk assessment is possible.”

Orourke_reasons_for_judgment_1750809517.pdf

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