National Immigration Detention Standards
Chapter 3.0:  Order

In this section

• 3.1. Prevention and management of misconduct
• 3.2 Prevention and management of assaults

3.1 Prevention and management of misconduct

3.1.1 Purpose and scope

To provide national direction on the prevention and management of misconducts that violate facility rules in Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs), and other CBSA detention facilities, including any designated immigration station

3.1.2 Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard are understood and followed by all parties involved in the process
3. All IHCs and detention operations will create local Post Orders and Standard Operating Procedure (POSOPs) consistent with this standard

3.1.3 National standards

1. Aggressive behaviour, discrimination, harassment and intimidation of any person by any person, including detainees, staff (including contracted personnel), and visitors will not be tolerated
2. Misconduct by CBSA employees is subject to disciplinary action under the CBSA Code of Conduct and the CBSA Disciplinary Measures Framework
3. Misconduct by contracted personnel is subject to disciplinary action under the terms of the applicable contract
4. Positive behaviour and compliance with the facility rules are continuously encouraged by all staff in direct contact with detainees
5. Detainee behaviour and interaction with other detainees and staff are observed constantly in order to detect and prevent escalation of behaviour which could lead to potential misconduct
6. The CBSA and contracted guard services will engage in dynamic security as defined in section 3.1.4 below and develop and maintain appropriate and positive relationships and interactions with detainees
7. The course of action to address misconduct is determined on a case-by-case basis taking into consideration a number of factors, including, but not limited to, severity of the misconduct (minor or major), the circumstances of the misconduct, detainee history, mental health, the presence of aggravating factors and/or mitigating factors, and the need to maintain order, safety and security of the establishment and its staff members and detained population
8. The course of action to address misconducts must adhere to applicable laws, including international standards and the Canadian Charter of Rights and Freedoms. It must be appropriate, reasonable and necessary to encourage adherence to the facility rules
9. The course of action to address misconduct may include the application of progressive measures for repeated misconducts, keeping in mind that the maintenance of order, safety and reasonableness is imperative
10. The course of action taken in relation to the alleged misconduct is at the discretion of CBSA to determine, taking into account guidance provided in the NIDS. All courses of action are to be taken while exercising and exercising judgment
11. Any course of action or amendments to a course of action are approved by IHC management as soon as is operationally practicable
12. When appropriate, law enforcement authorities must be notified of misconducts (either alleged or suspected) that are in breach of the Criminal Code of Canada
13. This standard should be read in conjunction with the following standards: Classification and Placement of Detainees in Detention Facilities; Orientation and Information; Detention Records; Prevention and Management of Assaults; and, Detention in Non-CBSA Facilities

3.1.4 Definitions

1. Aggravating factor: Circumstance that may justify increasing the severity of potential courses of action (see non-exhaustive list in section 3.1.5 (2) below)
2. Assaultive behaviour: When a detainee engages in behaviour that is consistent with the definition of assault in the standard on Prevention and Management of Assaults
3. Misconduct: An action conducted by a detainee that is contrary to the facility rules or Canadian law
4. Minimally compromised: In this context, refers to the order of the facility, safety and security. Misconduct at this level should be addressed and resolved by the lowest intervention level as soon as possible or within a three hour time frame of the misconduct occurring, when operationally feasible
5. Highly compromised: In this context, refers to the order of the facility, safety and security. Misconduct at this level should be addressed by a medium-to-high intervention level. Restoring the safety and security of the facility should require a greater length of time than the previous two compromise types or it should require a higher than normal level of staff intervention
6. Course of action: A plan or set of actions used to prevent and/or address a situation, misconduct or detainee behavior(see non-exhaustive list in section 3.1.5 (2) below)
7. Dynamic security: Regular and consistent interactions that contribute to the development of professional, positive relationships between staff and detainees which assist IHC staff in assessing a detainee’s integration and stability within the facility. Staff are encouraged to interact regularly with detainees in order to know and understand their behaviours as much as possible
8. Major misconduct: An act whereby a person commits, attempts to commit, and/or incites behaviour or acts that are violent, harmful to others or cause an unsafe environment for detainees and other persons
9. Minor misconduct: An act whereby a person commits, attempts to commit, and/or incites non-violent behaviour or acts that are disruptive and cause a disorderly living environment for detainees and other persons
10. Mitigating factor: Circumstance that may justify decreasing the severity of potential courses of action (see non-exhaustive list in section 3.1.5 (2) below)
11. Progressive measures: Measures taken to address a behaviour where the severity of the course of action taken increases progressively in correlation with the amount of times the rule is broken. For example, if a detained individual damages the property of the library, they may be prohibited to return for two days. Should another incident occur with respect to this individual and the library, the amount of time will be increased to one week and be directly supervised
12. Adapted approach: A strategy or method of intervention that has been modified or adjusted to meet ones needs or limitation and better suited for that individual

3.1.5 National operational procedures

1. Responsibilities
   • All staff (who interact directly with detainees, including contracted personnel)
     • Should be accountable at all times for personal actions and perform duties in accordance with the terms of applicable contracts, training and instructions received from management as well as relevant policies (e.g., CBSA Code of Conduct)
     • Practice dynamic security by regularly engaging with detainees in a positive and appropriate manner in efforts to get a sense of their adjustment, stability and well-being
     • Motivate detainees to engage in respectful and courteous behaviour by treating them fairly and respectfully
     • Consider factors that may affect detainee behaviour and interactions (e.g., mental health, vulnerabilities) and, where appropriate, adapt approach
     • Observe behaviours and interactions, and promote good order and compliance with facility rules
     • Record and share observations related to concerns of behaviour and/or interactions with all pertinent staff via the Detainee Activity Management System (DAMS)
     • Immediately report to CBSA management any behaviour of any person, including staff, detainees or visitors, that might, may have or has already jeopardized the safety, security of staff, detainees or visitors/the public or the order of the facility
     • Make every effort to provide a secure environment
   • CBSA
     • Consistent with the standard on Orientation and Information and where Guard Services personnel are not available, ensure detainees are provided with the appropriate Immigration Detention Information Package, including information on facility rules
     • If detainees have questions regarding their arrest, immigration procedures or any other related issues, the CBSA should make every effort to ensure that the detainees questions can be answered
     • Upon their arrival, inform detainees of the facility rules, expected behaviours and of the potential courses of action in case of misconduct that violates facility rules. In the event that a misconduct is in breach of the Criminal Code of Canada, they are to be advised that local law enforcement authorities will be contacted
     • Ensure language barriers are mitigated, or use translation services, and provide clarity on the level system used by the IHC to address misconducts as well as the course of actions available to the IHC in response to misconduct behaviours
     • Post facility rules throughout the facility as deemed appropriate and provide to the detainees upon request
     • Take necessary actions to prevent misconduct when an escalation of behaviours that may lead to misconduct are observed or reported
     • In case of a misconduct:
       1. Notify CBSA regional and national management of major misconducts by any person including staff, detainees and visitors, per the Guidelines regarding significant events
       2. Ensure appropriate action is taken for any misconduct by any person, consistent with this standard and the standard on Prevention and Management of Assaults, the CBSA Code of Conduct, the CBSA Disciplinary Measures Framework, contracts in place (applicable to contractual staff) and, where a violation of Canadian legislation has concerned, notify appropriate law enforcement authorities
       3. Communicate with the detainee in a timely manner to discuss the circumstances of the misconduct and provide the opportunity to respond to any allegation
       4. Take detailed notes of all significant interactions with the detainee and document them on the client file, consistent with the standard on Detention Records
       5. Upon request or approval by management, retrieve and review closed-circuit television (CCTV) footage where available and conduct a preliminary investigation to determine appropriate course of action.
       6. Determine the course of action commensurate with the severity and the nature of the misconduct and other considerations by referring to the level system indicated below
       7. Communicate verbally and in writing to the detainee, the identified course of action and ensure expectations related to those actions are understood
       8. Complete and submit a security incident report (BSF152), noting in detail all actions taken when a misconduct is suspected and addressed (noting all elements of section 2) Operational Delivery d) key elements to include in security incident report (BSF152)) and add it to the detainee file in DAMS.
       9. Regularly follow-up with the detainee, Medical Services (where applicable), and Guard Services personnel to discuss detainee behaviour and review the necessity for the course of action in effect, and amend accordingly, being sure to document amendments on the client file.
       10. Communicate verbally and in writing to Guard Services personnel, any course of action and amendments to the course of action that impact monitoring requirements
       11. Discuss misconducts with Medical Services personnel for detainees with suspected or known mental illness, to establish appropriate course of action and follow-up (consider the use of a medical disclosure form if needed)
       12. Undertake continuous risk assessment of detainee behaviours to determine placement in accordance with the standard on Classification and Placement of Detainees in Detention Facilities
       13. Report the security incident via the Security Event Management and Reporting Tool (SEMRT). Access to SEMRT is restricted to CBSA.
       14. Ensure special purpose units are used only in exceptional cases, and for the shortest period of time possible. Refer to the following standards: Special Purpose Units, Classification and Placement of Detainees in Detention Facilities, Admission and Discharge of Detainees, and Contraband
       15. Repeated misconduct should be taken into consideration and the classification of the detained individual should be re-evaluated if they continue to engage in misconduct that could impede safety, security and order of the facility
       16. Maintain a registry of all misconducts to track and analyze potential trends and patterns for appropriate course of action
       17. Ensure that the signed copy of the Rules acknowledgement is on the detainee’s file in DAMS
     • In case of a misconduct (non-CBSA facility only):
       1. Upon notification, liaise with non-CBSA facility authorities to obtain relevant report(s)
       2. Notify CBSA regional and national management of major misconducts per the Guidelines regarding significant events.
       3. Meet and/or speak with the detainee as soon as possible to verify their well-being, discuss the circumstances of the breach and mitigating measures
       4. Take detailed notes of all interactions with the detainee including refusals to meet with the CBSA and actions taken and document them on the client file consistent with the standard on Detention Records.
       5. Follow-up with the non-CBSA detention facility authorities and the detainee to ensure detainee well-being consistent with the standard on Detention in Non-CBSA Facilities
       6. File the detainee facility rule Acknowledgement on DAMS and on the detainee’s file
   • Guard services
     • In conjunction with the standards on Admission and Discharge of Detainees and Orientation and Information, ensure detainees are provided with the appropriate information package, including facility rules
     • Ensure that the Acknowledgement of the facility rules is signed and dated by the detainee as well as the contracted guard who has conducted the admission and provided to the CBSA
     • Remind detainees of facility rules, and refer them to the posted facility rules.
     • Report misconducts immediately to the CBSA
     • Inform Medical Services immediately if a misconduct has resulted in a physical injury that they can address, otherwise call 9-1-1
     • Complete and submit to the CBSA a Contracted Security Guard Incident and Use of Force Report (BSF383) according to Post Orders and Standard Operating Procedures (POSOPs)
     • Follow and implement CBSA instructions regarding any course of action that impacts monitoring requirements
     • Recommend to the CBSA ways to prevent misconducts or to maintain a safe and orderly living environment
   • Medical services
     • Assess detainees referred by the CBSA or Guard Services, where a misconduct has resulted in an altercation or incident that requires medical evaluation and/or treatment
     • Report to the CBSA on the well-being and health of individuals involved in and/or affected by a misconduct
     • Inform the CBSA of possible threats to a detainee’s health or to another detainee, staff member or other, to prevent a possible misconduct
     • Monitor detainees who have been placed in a special purpose unit, upon notification by the CBSA or upon recommendation of the Medical Services personnel themselves
2. Operational delivery
   • General considerations for course of action in IHCs
     1. In the event that an incident must be addressed immediately, reasonably and immediate action must be taken to ensure the safety and security of all, until the misconduct can be documented and addressed
     2. CBSA is the sole authority in determining the appropriate course of action, including application and amendments
     3. Take into consideration any Information gathered during consultations with Health Services, Guard Services and CBSA officers, as appropriate
   • Key considerations prior to choosing a course of action
     1. In order to make a decision on a course of action following a misconduct, it must have been decided that the misconduct occurred by the detained individual, following a CBSA investigation into misconduct
     2. Course of action is determined on a case-by-case basis taking into consideration a number of factors, including but not limited to:
        • detainee history (i.e., a history of self-injurious or suicidal behaviour, current health status, mental state, and ability to comprehend direction).
     3. Any and all recourse actions must be reasonably taken and in the best interest of the order and safety and security of the facility and the individuals within the facility
     4. The consequences given to the detained individual must be directly related to their misconduct
     5. Confinement to a detention cell must never be used as a means of discipline
     6. Reclassification of a detainee’s security level (high risk vs low risk) determined by the Detainee Placement Tool (BSF939) must never be used as a means of discipline. However, reclassification and movement within the facility is permitted to ensure the safety and well-being of the individual, IHC staff and facility. All actions must be well documented within DAMS
        • presence of aggravating factors (non-exhaustive list):
          • severity and nature of the misconduct (i.e., endangering others’ health and safety - presence of weapons, assaultive behaviour, verbal threats
          • behaviour that could result in grievous bodily harm or death
          • not willing to change behaviour
          • lack of remorse/recognition of the seriousness of his/her actions
          • previous warnings
          • other courses of action that have been imposed on other detainees for similar misconducts
          • previous misconducts on file and severity
          • other courses of action imposed on the detainee within the same time frame do not create an excessive combination
        • presence of mitigating factors (non-exhaustive list):
          • isolated incident/no previous misconduct on file
          • expression of recognition of the impact of his/her actions
          • encouragement or provocation by others (detainees, staff)
          • behaviour previously condoned
          • conduct influenced by a serious personal issue
   • Potential courses of action using the level system 1-2
     Important things to note when deciding on a course of action for detainee misconduct:
     • Examples of misconduct behavior within an IHC facility (non-exhaustive list)
       1. Repeatedly refusing to follow daily routine or disobeying reasonable requests/directions of the CBSA or Guard Services personnel
       2. Undermining the authority of the CBSA or Guard Services personnel by engaging in disrespectful behaviour
       3. Bullying or intimidating behaviour
       4. Yelling, making excessive noise
       5. Spitting at someone
       6. Using offensive, abusive, indecent, obscene and/or threatening language
       7. Committing an indecent sexual act
       8. Using physical violence and aggressive behaviour
       9. Committing a theft
       10. Creating, organizing or participating in a riot or disturbance that is likely to jeopardize safety and/or security
       11. Doing anything for the purpose of escaping from legal custody or assisting another detainee to do so
       12. Possessing or administering medication without approval
       13. Organizing or participating in gambling
       14. Willfully damaging CBSA, detainee or other property
       15. Purposely causing a flood or setting a fire to property
       16. Urinating or defecating in inappropriate places
       17. Possessing or using contraband per the standard on Prohibited Items
       18. Any additional rules listed in the IHC Facility Rules for a complete list of rules (link)
     • Course of action taken for all levels
       • Engage in discussion with the detained individual about their misconduct and, if applicable, explain how said misconduct will impact their access within the facility moving forward. When possible, this should be done by an officer who was directly involved or witnessed the misconduct, in consultation with another officer who was not in order to ensure a fair and equitable decision. Major misconducts should be addressed by the IHC manager
       • Interpreters are to be used in the event that there is a language barrier
       • In line with current incident reporting requirements, create a written report of the misconduct using the security incident report (BSF152) and place a copy of the report on DAMS and the detainee’s file. The report should include all the factors indicated in section d) Critical Observations included in the security incident report (BSF152)
       • Provide the detained individual with a synopsis of the security incident report (BSF152)Discuss, with the detained individual, options available for them to address the problematic behavior such as counselling (referral to medical services to discuss the implication of a psychologist, psychiatrist, NGO, etc.). The CBSA may use discretion with respect to the specifics of a course of action to respond to a misconduct, keeping in mind that it must be directly related to the safety and security of the individual(s) or the facility
       • Provide the detained individual with a written or verbal (documented) notice reminding them of the facility rules and expectations, behavior expected of the detained individual and possible recourse measures in the event of a future misconduct of similar nature. Also indicate which, if any, option or course of action was taken with the detained individual to help prevent this from occurring again

       Level 1- All minor misconduct and repeated minor misconduct: An act whereby a person commits, attempts to commit, and/or incites non-violent behavior or acts that are disruptive and cause a disorderly living environment for detainees and other persons. The order of the facility, safety and security of individuals was minimally compromised. This level applies to repeated minor misconducts (up to 3 times)

       Course of action taken by the CBSA:

       • Provide the detained individual with a written or verbal notice reminding them of the facility rules and expectations, behavior expected of the detained individual and possible recourse measures in the event of a future misconduct of similar nature
       • Ensure that the above is documented in DAMS under “Events”
       • Since not all events are misconducts, once the event type has been selected, misconduct must be indicated at the onset of the event note, and make reference to the security incident report (BSF152) in the documents tab under “Subject’s intake form”
       • The CBSA may use discretion with respect to the specifics of the course of action to respond to a misconduct, keeping in mind that it must be directly related to the safety and security of the individual(s) or the facility
       • Should the detainee have an issue with the course of action taken, they may discuss their concerns with the IHC management. This exchange must be documented in DAMS in a note, under the same Misconduct
       • All exchanges must be documented in DAMS in a note, under the same misconduct

       Level 2- Several incidents of minor misconduct (three plus within 72 hours) and/or a major incident of misconduct: An act whereby a person commits, attempts to commit, and/or incites behavior or acts that are violent, harmful to others or cause an unsafe environment for detainees and other persons. The order of the facility, safety and security of individuals was highly compromised

       Course of action taken by the CBSA:

       • In the event that a reclassification/relocation within the facility is chosen as a course of action, as per NIDS 6.1 Classification and Placement of Detainees , the Inland Enforcement Officer (IEO) must document the rationale, including the ways in which the safety and security of individual or the facility has been compromised and advise IHC management of this decision
       • Provide the detained individual with a written or verbal notice reminding them of the facility rules and expectations, behavior expected of the detained individual and possible recourse measures in the event of a future misconduct of similar nature. Also indicate which, if any, option or course of action was taken with the detained individual to help prevent this from occurring again
       • Ensure that the above is documented in DAMS under “Events” Since not all events are misconducts, once the event type has been selected, misconduct must be indicated at the onset of the event note, and make reference to the security incident report (BSF152) in the documents tab under “Subject’s intake form”
       • Should the detainee have an issue with the course of action taken, they may discuss their concerns with the IHC management. This exchange must be documented in DAMS in a note, under the same misconduct
       • Critical observations to be included in security incident report (BSF152)
       • A clear description of the event
       • Names of all individuals involved, including CBSA, medical or guard services
       • Any considerations or circumstances that may have impacted the detainee involved
       • All considerations must be outlined clearly. The CBSA must articulate how the course of action taken was reasonable and procedurally fair by explaining the rationale for the course of action taken, indicating proof and other measures that were considered to address the misconduct
       • Facility rule broken or the misconduct must be clearly outlined
       • Other measures considered to address the incident
       • Confirm that a notice was provided to the detainee indicating the misconduct, level and course of action taken
       • Ensure that the detainee was made aware that they may schedule a time to discuss any concern they may have, with the course of action, with the IHC Manager
   • Reporting to law enforcement authorities
     • When a detainee has committed or is alleged or suspected of having committed a criminal offence under applicable Canadian legislation, the CBSA must inform the appropriate law enforcement authority in that region
     • Where a criminal offence is reported to a law enforcement authority, any available video recordings, unauthorized items and other items that may be used as evidence in connection with a violation of Canadian legislation must be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody
     • Upon presentation of a Criminal warrant for arrest of a person detained under IRPA, the evidence must be transmitted to the appropriate law enforcement authority for action and possible seizure and prosecution

Annex A

Examples

1. Example of course of action taken to address a minor misconduct

Detainee A goes into the yard and attempts to grab something from outside the gated area. This is seen by guards and captured on CCTV footage.

Misconduct level: 1, as the safety and security of the facility and others was minimally compromised.

Course of action taken:

• the detainee is provided a verbal notice reminding them of facility rules (this would be documented in DAMS)
• A security Incident Report is completed (BSF 152) and uploaded to DAMS
• The detainee is advised that over the next three days, they are to stay seated on the bench while in the yard in order to be closely monitored by guards. The detainee is advised that should they not adhere to this condition, additional measure may be taken at the CBSA’s discretion
• The detainee is advised that the may request to discuss the course of action taken with an IHC manager if they have any concerns
• all exchanges would be documented in DAMS under the same note for this misconduct

2. Example of a course of action taken to address a major misconduct

Detainee B is upset at Detainee A for changing the channel of the television. After becoming increasingly verbally aggressive, he is asked by guards to calm down and cool off. Detainee B disregards the guards direction and punches detainee A in the face repeatedly, despite being asked by guards to stop and ends up needing to be pulled off detainee A. As a result of the altercation, detainee A suffered a broken nose and has some bruises on his face.

Misconduct level: 2, as the safety and security of the establishment and others was severely compromised

Course of action taken:

• As a result of the assaultive behaviour of detainee B, a reclassification is initiated by the CBSA and the detainee is now identified as “high risk.” As a result, the detainee will be relocated to the high risk area of the IHC
• A written notice is provided to the detainee explaining to him why he is being relocated and reminding him of the facility rules and possible courses of action
• A security Incident Report was completed (BSF 152)
• The detainee is advised that he may request to discuss the course of action taken with an IHC manager if they have any concerns
• All exchanges would be documented in DAMS under the same note for this misconduct
• Detainee A would be asked if he would like to file criminal charges for assault that would require engagement with the law enforcement agency of jurisdiction

3. Example of a several incidents of minor misconducts (three or more within a 72 hour period), which classifies as a major misconduct

Detainee C is upset about the outcome of his detention hearing. As a result, he comes back to the living unit and kicks the garbage. He is asked to calm down within his bedroom unit. After a few hours, detainee C comes back to the living unit and explains the outcome of his hearing to other detainees. He gets emotional and as a result, starts screaming and slams the wall of the kitchen with open palms. The guards intervene and escort the detainee back to his room to have him calm down. The CBSA engages him in discussion and suggests that he make a request to see a medical professional to obtain some emotional support in the form of a psychologist to help provide them with some relief. The detainee is advised that his outbursts cannot continue and CBSA advises him of the potential course of action that could be taken, should they continue. The detainee is also reminded of the facility rules.

Later in the day, the detainee becomes aggravated again. He begins to shout and creates a scene. Guards attempt to intervene, however, the detainee continues to escalate and punches a wall in the living unit.

Misconduct level: 2, as a result of repeated minor misconducts in the course of 72 hours, detainee C’s behaviour is now classified as a major misconduct as his repetitive violent behaviour now causes an unsafe environment for other detainees

Course of action taken:

A relocation is initiated by the CBSA and the detainee is now identified as “high risk.” As a result, the detainee will be relocated to the high risk area of the IHC. As the CBSA has discretion, they may re-evaluate the situation daily.

• A written notice is provided to the detainee explaining to him why he is being relocated and reminding him of the facility rules and possible courses of action
• A security Incident Report is completed (BSF 152)
• The detainee is advised that the may request to discuss the course of action taken with an IHC manager if they have any concerns
• All exchanges would be documented in DAMS under the same note for this misconduct

3.2  Prevention and management of assaults

3.2.1  Purpose and scope

To provide national direction on the prevention and management of assaults involving detainees in Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs) and other CBSA detention facilities, and on CBSA responsibilities towards persons detained under the Immigration and Refugee Protection Act (IRPA) involved in an assault while held at a non-CBSA facility

3.2.2  Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard are understood and followed by all parties involved in the process
3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

3.2.3  National standards

1. Aggressive behaviour, discrimination, harassment, sexual assault and intimidation of detainees staff and visitors is not tolerated
2. Detainee behavior and interactions are observed in efforts to prevent escalation of behavior into a potential assault
3. Detainees are assured they can report an assault without fear of embarrassment or reprisal from the aggressor
4. Allegations and reports of assault are taken seriously and investigated
5. Any use of force required in response to an assault will be limited to what is necessary and proportionate to manage the incident in accordance with applicable laws and CBSA use of force training on the Incident Management and Intervention Model (IMIM)
6. Victims and alleged victims receive emergency care and appropriate ongoing medical and mental health support
7. Law enforcement authorities are notified, and appropriate action taken, consistent with this standard and the standard on Prevention and Management of Misconduct

3.2.4  Definitions

1)  Assault: (as per subsection 265(1) of the Criminal Code) A person commits an assault when: without the consent of another person, he applies force intentionally to that other person, directly or indirectly; he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. For example, sexual assaults, physical aggression or a threat to commit violence or aggression against another person

3.2.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure responsibilities outlined in this standard and the standard on Prevention and Management of Misconduct are implemented as they relate to prevention, response and intervention
2. When contemplating a cell extraction, ensure to discuss the plan and intentions of the cell extraction with Medical personnel, when feasible
3. Clearly outline procedures and expectations in relation to assaults and alleged assaults in POSOPs
4. Inform detainees about their rights and the procedures for reporting an assault, and ensure they understand in case of language barriers
5. Provide support and effective safeguards against assaults where possible
6. Take immediate measures to protect and respond when an assault is reported including ensuring the safety of any victim of the alleged assault (e.g., placing in a special purpose unit)
7. Notify law enforcement authorities as appropriate
8. Consistent with the standard on Prevention and Management of Misconduct, conduct a risk assessment and determine appropriate course of action
9. Communicate verbally and/or in writing to Guard Services personnel, any course of action required (e.g., restrict movement within the IHC), pending the outcome of an investigation
10. Reassign any staff suspected of perpetrating an assault on an individual pending the outcome of an investigation
11. Upon notification of an assault involving a person detained under the IRPA in a non-CBSA facility, follow procedures outlined in the standard on Detention in Non-CBSA Facilities
12. Notify CBSA regional and national management of an assault/alleged assault according to the Guidelines regarding significant events
13. Complete and submit a security incident report (BSF152)
14. CBSA officers will use a risk assessment to determine the necessity of the use of restraints. Use of restraints will be carried out in accordance with the CBSA Policy on Use of Force and Defensive Equipment, the CBSA Directive on Agency Firearms and Defensive Equipment, the CBSA SOPs on Agency Firearms and Defensive Equipment (Apollo), and the National Immigration Detention Standard - 2.9 Use of Restraints and Use of Force (with respect to the use of restraints)

b)  Guard services

1. Ensure responsibilities outlined in this standard, the standard on Prevention and Management of Misconduct and POSOPs are implemented
2. In conjunction with the standard on Orientation and Information, ensure detainees are provided with the appropriate orientation package, including information on reporting assaults immediately any knowledge, suspicion, or information that may lead to preventing an assault, as well as any neglect or violation of responsibilities which may have contributed to an incident
3. Refer immediately to Medical Services any alleged victim and/or where an injury is critical, call 9-1-1
4. In accordance with de-escalation and use of force training, the Guards will intervene immediately in response to assaults and request additional support from the CBSA and/or police services if needed
5. Report without delay any assault, or allegation or suspicion of assault to the CBSA
6. Follow and implement any instructions received from the CBSA
7. Complete and submit to the CBSA a Contracted Security Guard Incident and Use of Force Report (BSF383) in accordance with POSOPs

c)  Medical services

1. Report any allegations or suspicions of assault to the CBSA for appropriate reporting and intervention
2. Assess, treat and refer (as required) victims or alleged victims of assault ensuring all appropriate medical interventions and care are provided
3. Refer to the Cell Extraction Policy for directive on the use of Medical Services role a cell extraction
4. Report to the CBSA on the well-being and health of victims or alleged victims of assault
5. Monitor the health and well-being of detainees according to the standards on Special Purpose Units and Health Services

2)  Operational delivery

a)  Reporting to law enforcement authorities

1. When a detainee has committed or is alleged or suspected of having committed a breach of Canadian law, the CBSA must inform the appropriate law enforcement authority
2. Where a victim of assault wishes to speak with a law enforcement officer, the CBSA must inform the appropriate law enforcement authority
3. Where a breach is reported to law enforcement, video recordings, unauthorized items and other items that may be evidence in connection with a violation of Canadian law must be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody
4. The evidence must be transferred to the appropriate law enforcement authority for seizure in the event that a warrant for the arrest of the person detained under the IRPA arises, and possible prosecution is initiated.