MONDAY, JUNE 6, 2011
8:00 Registration Opens; Coffee Served
9:00 Announcements and Opening Remarks
Co-Chair:
Brian Gover
Partner
Stockwoods LLP
9:10 A Review of the Top Cases, Legislative Developments and Hot-Button Issues of the Year
Brian Gover
Partner
Stockwoods LLP
Joseph Markson
Markson MacDonald
- Is there a trend toward charging officers with perjury?
- Best practices to avoid such a charge
- Implications of the Barros case
- Adjudicator shopping
- New case law arising from McNeil
- Recent developments on use of force
- An update on the issue of police notes
- Off-duty conduct
- What is the standard of review of Alberta’s Law Enforcement Review Board?
- Recent Proposed Changes to the RCMP Civilian Complaints Process
- The impact of Bill C-38
- Understanding the changes
- Pros and cons of the amendments
- Does the bill go far enough?
- Legislation moving the RCMP to an association/union
- Alberta’s Bill 27 and proposed legislative amendments
- The status of proposed changes to the regulations regarding the LERB
- Introduction of IIOs (Independent Investigation Offices) in B.C. and Nova Scotia
- Manitoba’s amendments to the Police Services Act
- The scope of the amendments
- What has changed?
- An update on the new independent investigation unit
- Changes to boards and commissions
- The status of consultations on regulations
10:15 Networking Refreshment Break
10:30 Investigating Police Corruption
Paul Burstein
Burstein, Bryant, Barristers
Dr. Gary Ellis
Program Head, Justice Studies
The University of Guelph-Humber
Supervisory Special Agent Robert Schwinger
Federal Bureau of Investigation, Washington, DC
- Lessons learned from the drug squad case
- Managing defence costs
- Maintaining the integrity of the investigation
- Choosing the right model for the investigation
- Do we need a “flying squad” to investigate corruption allegations?
- Should there be a role for the Ministry of Community Safety and Correctional Services or its counterpart in other jurisdictions?
- Moving from investigations of individual to systemic inquiries
- Identifying and meeting the challenges of prosecution
12:00 Luncheon for Speakers and Delegates
1:15 An Update on Civil Liability of Police Forces
Julian Falconer
Falconer Charney LLP
James Kendik
Counsel & Deputy Director
Crown Law Office Civil, Ontario
- Will a recent ruling on issue estoppel in relation to civil litigation neuter the public complaints regime and/or deprive plaintiffs of a remedy?
- Charter damages since Ward v. Vancouver
- Recent case law on defamation and police forces/officers
- Liability for deaths in custody
- Liability for failure to protect
- Costs rulings: what are the courts awarding?
- Top cases of the year
2:15 Networking Refreshment Break
2:30 Policing a Multijurisdictional Event (Without Going Viral on YouTube)
Moderator:
Professor Ronald G. Atkey, Q.C.
Osgoode Hall and University of
Western Ontario Schools of Law
Panelists:
Supt. Kevin DeBruyckere
Acting HRO and OIC, Pacific Region Development & Resourcing
RCMP
Formerly Operations Officer, Vancouver 2010 Integrated Security Unit
Nathalie Des Rosiers
General Counsel
Canadian Civil Liberties Association
Dr. Veronica Kitchen
Assistant Professor
University of Waterloo Dept. of Political Science
- Who is responsible for oversight of a multijurisdictional event?
- Who should do investigations arising from the event?
- Who can and should issue orders?
- Creating a structure for accountability
- How anonymous should officers be?
- Lessons from the G20 Summit in Toronto and the Vancouver 2010 Olympics
3:45 Where Terrorism Meets Policing: Collaboration with Security Services after the Air India Inquiry
Anil Kapoor
Kapoor Barristers
- What are the challenges and how are they being met?
- Investigations
- Prosecutions
- Charter issues
- An update on implementation of the Air India Report’s recommendations
4:45 Co-Chair’s Remarks and Conference Adjourns
TUESDAY, JUNE 7, 2011
8:30 Coffee Served
9:00 Announcements
Co-Chair:
Julian Falconer
Falconer Charney LLP
9:05 Managing Today’s Hot Privacy Issues
Dr. Michael Billinger
Former Access & Privacy Analyst
Edmonton Police Service
Dave Seglins
Journalist
CBC
- Under what circumstances do privacy laws apply to policing?
- Applying discretion with respect to releasing information in the public interest
- Amendments to PIPEDA regarding investigations
- Alberta’s amendments to PIPA
- How do they apply to police?
- Sharing of information between paramedics and police in Alberta
- Access to information and police emails
- Do police association emails sent from police email systems have a reasonable expectation of privacy?
- Dealing with access requests from employees of the force
- Conducting a privacy impact assessment of police methods such as surveillance cameras, GPS etc.
- Protecting the privacy of personal information in police databases
- How does the privacy principle of collecting only necessary information apply to policing?
- What should forces be redacting before sending documents to an oversight body?
- Should police forces publicly release information about charges laid against police officers, or should they do so only if and when there is a conviction?
- Publication of discipline decisions: balancing privacy with the open court principle
- Lawsuits against police for disclosure of personal information: how are the courts treating these claims?
- Sex offender warnings
- Balancing pressures from information commissions to release personal information with privacy interests
- Dealing with statutory time limits
- The trend to obtaining court orders for information release rather than information requests
- Top recent privacy cases related to policing
- Privacy and information-sharing agreements
- Release of sensitive information such as Mental Health Act apprehensions
- The RCMP’s interim policy statement on employers’ requests for criminal record cheques of job applicants
- Dealing with information requests from academic researchers
- Drafting research agreements
- What are forces’ obligations?
10:30 Networking Refreshment Break
10:45 Allegations of Profiling: How Much Disclosure of Investigative Records is Appropriate?
Alan Gold
Alan D. Gold Professional Corporation
Roger Rowe
Barrister & Solicitor
- Should individuals be able to obtain disclosure of officers’ work product going back over a long period of time?
- Access to “208” cards
- When should such disclosure be ordered?
- Recent decisions
11:30 Risk Management: Minimizing Liability of Police Forces
Supt. Steve Rooke
Bureau Commander
Operational Policy & Strategic Planning Bureau
Ontario Provincial Police
Dr. Wendy Cukier
Professor, Ted Rogers School of Management
Researcher, Law Centre
Ryerson University
- Considerations when hiring, training and supervising
- Use of apologies where apology legislation is in force
- The impact of risk-management analysis on police oversight and PSA investigations and prosecutions
- Pros and cons
- The role of HR departments
- Risk management vs. general management
12:30 Networking Luncheon for Speakers & Delegates
1:45 Gaining Insight into Current Issues in Aboriginal Policing
Cyndy Vanier
Vanier Consulting
Jodie-Lynn Waddilove
Counsel
Ontario Ministry of Community Safety
& Correctional Services
Former Assistant Commission Counsel
Ipperwash Inquiry
- Setting the context: the Ipperwash Inquiry recommendations
- First Nations policing
- Police/government relations
- Bias-free policing
- Use of mediation and facilitation resources in conjunction with police forces
- The role of First Nations Police Forces
- The creation of First Nations police services in Ontario and elsewhere
- The tripartite structure: where and how is it used?
- Why do First Nations want to police their own communities?
- Community expectations – understanding the cultural uniqueness of First Nations
- What is the role of First Nations police services?
- Understanding the value of First Nations police services
- Funding First Nations police services
- Dynamics, jurisdiction and lines of authority
- Understanding the role of the Nation’s Chief and Council in the community
- Who has jurisdiction to police on reserve?
- Understanding the dynamics of policing federal and First Nation territories
- The potential use of external resources on reserve and where they are appropriate
- Dealing with governance Issues
- How are First Nation Police Services governed?
- What is the role of outside police services? What authority do they have in the First Nations community?
- Who is the employer? What are the implications of that for grievances, dismissals, hiring and firing?
- Does the Police Services Act apply to First Nations police services and their officers?
2:45 Police Governance: Making it Work
Dr. Alok Mukherjee
Chair
Toronto Police Services Board
Matt Torigian
Chief
Waterloo Regional Police
- What are some features of a successful relationship between a police commission or board and a police service?
- Who has decision-making authority in respect of various issues?
- The boundaries of the commission/board’s roles and responsibilities and the Chief ’s roles and responsibilities?
- When does the chief have to follow commission/board directions?
- How do you distinguish between what falls under “budget” and what falls under “operations,” and how do they intersect?
- What is the difference between oversight and governance?
- Does it make a difference whether there are political appointees on the board/commission?
- Legal distinctions vs. political reality
3:45 Conference Concludes
POST-CONFERENCE WORKSHOP
JUNE 8, 2011 I 9:00 A.M. – 12:00 P.M.
(Registration opens at 8:30 a.m.)
The Fundamentals of Administrative Law
Caroline (Nini) Jones
Partner
Paliare Roland Rosenberg Rothstein LLP
Police are familiar with the model of criminal justice, and operate within an organizational model derived from the military. But disciplinary and other decisions fall under administrative law, not criminal law, and those involved in the process need to understand the distinctions and what they mean. In this workshop, you’ll receive an intensive introduction to the essential concepts of administrative law in just half a day.
- The policy underlying the system of administrative justice
- The source of tribunal jurisdiction
- Natural justice / the principles of fundamental justice
- Constitutional and Charter issues
- Applicable procedural statutes
- Guideline, policy and rule-making authority
- Independence and bias: key legal principles
- What is a privative clause, and what is its practical implication?
- Guidance for hearings and decision writing
- Burden of proof, standard of proof
- Judicial review
- Sources of authority
- Difference from appeals
- Remedies
- Recent changes in the law of “standard of review”
- Leading cases in administrative law
Nini Jones completed her LL.B. at the University of Toronto Faculty of Law, where she won various prizes, including the Dean’s Key. She practices labour, employment, administrative, human rights law, as well as general civil litigation and has appeared before various administrative law tribunals, and all levels of courts. Ms. Jones represents police associations throughout Ontario in all aspects of police employment and labour relations.
Conference Details