Special Constable Service and Revenue Protection Department Policies
The TTC’s Special Constable Service and Revenue Protection departments Use of Force, Use of Discretion and Body-Worn Camera and In-Car Camera policies are in place to enhance accountability, transparency, and public trust, as part of the teams Culture Change Program. They outline how Special Constables and Fare Inspectors conduct their duties.
Body-worn cameras
Following the successful completion of the Body-Worn Camera and In-Car Camera System Pilot, Special Constables and Fare Inspectors will begin wearing body-worn cameras, starting January 6, 2025.
Policies
Use of Force Policy
The TTC’s Use of Force Policy was developed through extensive stakeholder consultations, including community engagements and expert review It outlines the circumstances in which force may be used by Special Constables, stating that force should only be used as a last resort, unless it is the only reasonable option available to ensure the safety of the public and employees, defines excessive force, and mandates intervention by Special Constables witnessing such behavior.
Use of Discretion Policy
The TTC’s Use of Discretion Policy sets guidelines and principals that govern how Special Constables and Fare Inspectors use their judgement and make decisions when interacting with customers. Aligned with the Anti-Racism Framework and Diversity and Inclusion Plan, it emphasizes principles of respect, transparency, and accountability.
Special Constables and Fare Inspectors are expected to consider various factors when exercising discretion, including but not limited to: the severity and nature of the offense, the circumstances surrounding the offense, the potential effectiveness of a written warning in deterring future violations, and the influence of both conscious and unconscious biases on decision-making.
Frequently asked questions
Body-Worn Camera and In-Car Camera System Policy
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What is the Body-Worn Camera and In-Car Camera System Policy?
The Body-Worn Camera and Special Constable In-Car Camera System Policy establishes procedures surrounding the use of a body-worn camera by Special Constables and Fare Inspectors during the course of their duties, and the use of in-car camera system in patrol vehicles used by Special Constables.
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Why do Special Constables and Fare Inspectors use Body-Worn Cameras and In-Car Cameras?
The TTC is committed to enhancing accountability, transparency and public trust in enforcement and customer engagement. Body-worn cameras and in-car cameras demonstrate this commitment by prioritizing oversight of Special Constables and Fare Inspectors, achieving the spirit of the Ombudsman’s recommendations. The use of body-worn cameras not only increases the capacity to capture a greater number of interactions compared to CCTV cameras, but also records audio, providing a more comprehensive documentation of events.
As outlined as the 10th action item in the TTC’s 10-Point Action Plan on Diversity and Inclusion, the TTC is committed to learning from international best practices. Our jurisdictional scan found that body-worn cameras are being used by an increasing number of enforcement agencies in Ontario and around the world to document Officer interactions with members of the public. To ensure alignment with international best practices, starting January 6, 2025, all TTC Fare Inspectors and Special Constables will be equipped with body-worn cameras. -
What is the Body-Worn Camera and In-Car Camera System Policy?
The Body-worn Camera and Special Constable In-Car Camera System policy establishes procedures surrounding the use of a body-worn camera by Special Constables and Fare Inspectors during the course of their duties, and the use of in-car camera system in patrol vehicles used by Special Constables.
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How will people be notified that they are being recorded by body-worn cameras and in-car cameras?
Officers will inform customers that they are being recorded in both audio and video at the earliest opportunity in their interaction with them. They will also know the body worn camera is on when they see a red blinking light on the camera and hear its tones and vibrations. Signage will also be available in Special Constable patrol vehicles to advise people about the in-car camera system.
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In what circumstances can Officers activate their body-worn camera and in-car camera?
Body-worn cameras and in-car cameras are not intended for general 24-hour recording.
Officers are required to activate their body-worn camera during the duration of interactions with Individuals in the following circumstances:
- Fare Inspectors when conducting fare inspections.
- When interacting with Individuals to investigate and ensure compliance with TTC Bylaw No 1. c)
- Special Constables when interacting with Individuals with respect to a violation or breach of TTC By-law No. 1, Trespass to Property Act, Liquor License and Control Act, Mental Health Act, and Criminal Code of Canada.
- When an Individual involved in an interaction with an Officer requests the Officer to record the interaction.
Additionally, Special Constables will be required to activate their in-car camera during all interactions between a Special Constable and an Individual where that contact is for the purpose of an investigation with respect to a violation or breach of TTC By-law No. 1, Trespass To Property Act, Liquor License and Control Act, Mental Health Act, and Criminal Code of Canada.
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In what circumstances will Officers not activate their body-worn camera and in-car camera?
Officers will not activate their body-worn camera or in-car camera in the following circumstances:
- Interactions that are not investigative or enforcement in nature.
- For the purposes of covert or personal-use recordings.
- Where recording is restricted (e.g. a courthouse or a hospital) except in exigent circumstances or under legal authority.
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How long will the videos be kept for?
Our video retention policy is 20 years, however this is under review and may be reduced. More information will be shared when it’s available.
Use of Force Policy
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Who can use force?
Special Constables, including TTC Special Constables, are authorized by the Province of Ontario to use force in response to an event or incident to preserve the peace, prevent crimes, maintain order as well as apprehend, detain and arrest suspects.
Special Constables aim to ensure the safety and security of TTC customers and employees by responding to safety concerns through communication and de-escalation techniques. Special Constables will only use force as a last resort, unless it is the only reasonable option available to protect an employee or member of the public from violence and/or injury. Special Constables are required to complete training provided by external trainers, which incorporates various de-escalation techniques (i.e. active listening and conflict resolution using effective communication), mental health awareness, unconscious bias awareness, and the Ontario Use of Force Model.
Fare Inspectors and Protective Services Guards are only permitted to use force for the purposes of self-defence, as outlined in Section 25 of the Criminal Code and to assist a Peace Officer, as outlined in section 25 of the Criminal Code of Canada.
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What is the Use of Force Policy?
The Use of Force Policy is intended to establish guidelines for when force is used by Special Constables, Fare Inspectors, and Protective Services Guards during the course of their duties, and detail reporting responsibilities for when force and excessive force is used. The policy serves to operationalize the TTC’s commitment to customer service, safety and fare compliance through communication, education and de-escalation techniques designed to minimize physical harm and the reliance on the use of force.
Use of Discretion Policy
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What is the Use of Discretion Policy?
The Use of Discretion Policy is intended to outline guiding principles when using discretion and detail reporting responsibilities for when discretion is used.
Discretion is used by Special Constables, Fare Inspectors, and Protective Services Guards during fare non-compliance, safety and security concerns. When using discretion, employees are directed to consider factors, including, but not limited to:
- Seriousness and nature of the offence;
- Context in which the offence takes place;
- Likelihood of a written warning deterring the person from committing future violations;
- Behaviour that may be the result of a disability or other grounds protected by the Ontario Human Rights Code; and
- Role and impact of both conscious and unconscious bias on decision-making, and other factors that are appropriate to consider.
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How was the TTC training Officers to use Discretion prior to the development of the Use of Discretion Policy?
Key components of the Use of Discretion Policy, such as anti-racism and anti-bias practices, were provided to Fare Inspectors and Special Constables as a part of their onboarding training. The Use of Discretion Policy formalizes existing training to emphasize the importance of the role and impact of both conscious and sub-conscious bias in decision-making.
Discretion was also integrated into our hiring processes, Officers must successfully complete scenario training that focuses on the application of discretion. The training scenarios specifically assess the individual's ability to exercise discretion.
Policy Development Process
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What consultations were conducted to develop the policies?
The policies and pilot have been developed in consultation with the following external advisors, expert stakeholders and the public:
Diversity and Culture Racial Equity Impact Assessment Consultation (REIA) Results
Between 2021 to 2022, 16 community consultations and five expert stakeholder consultations were conducted by Dr. Wortley and Dr. Owusu-Bempah as a part of the Diversity and Culture Racial Equity Impact Assessment (REIA).
The consultations targeted members of Toronto’s Black and Indigenous communities and sought to evaluate public opinion on use of force, use of discretion and use of body-worn cameras and in-car cameras by Special Constables and Fare Inspectors.
Consultations with Front Line Employees:
From December 19, 2023, to March 8, 2024, the TTC consulted with executive members of CUPE Local 5089, the Union representing TTC Fare Inspectors, Special Constables and Protective Service Guards to obtain feedback on all three policies.
Public Virtual Consultation
- On February 5, 2024, a virtual consultation was held to obtain feedback on all three policies. An invitation to participate in the consultation was sent to more than 300 stakeholder groups, representing over 1,400 members with diverse interests such as transit, youth, and community advocacy.
- A total of 32 stakeholder groups attended the online session to provide their questions and concerns about the policies. The consultation was facilitated by Left Turn Right Turn as a neutral third-party who directed questions from participants to the following panel members:
- Dr. Wortley, Centre for Criminology and Sociolegal Studies, University of Toronto
- Dr. Owusu Bempah, Department of Sociology, University of Toronto
- Arleen Huggins, LSM-Koskie Minsky - LLP
- Keisha Campbell, Chief Diversity and Culture Officer, TTC
- Angela Gibson, Executive Director, Farecard Technology and System Stewardship (Acting), TTC
Public Survey
In January 2024, the survey, that was originally circulated to select groups in August 2023, was made available to all TTC customers through ttc.ca. Re-circulation of the survey provided the broader public with the opportunity to share their opinions on the policies. The survey was posted for three weeks and was completed by over 2,900 respondents
Subject Matter Experts
The policies have been developed through collaborative consultations and undergone thorough review by lawyer, Arleen Huggins, Professor Wortley, Professor Owusu-Bempah, and the Ombudsman Toronto.