Agenda
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Pre-Conference Workshops
Workshop A — Digital Evidence Collection, Storage and Management: How Records Management is Coordinating with Increasing DEMS Demands
May 7, 2024 8:30am – 12:00 PM
Speakers
Niall Gilks
Senior Litigation Counsel, Joint Serious Offences Team
Ontario Securities Commission
Lynda Morgan
Partner
Addario Law Group LLP
Workshop B — Managing Employee Performance and When to Escalate to a Discipline Investigation: Contrasting the Police Acts and Labour Law Considerations
May 7, 2024 1:00pm – 04:30 PM
Speakers
Jessica Barrow
Partner
Perley-Robertson, Hill & McDougall LLP
Day 1 - Wednesday, May 8, 2024
Day 2 - Thursday, May 9, 2024
Day 1 - Wednesday, May 8, 2024
7:45 |
Registration Opens and Refreshments Served |
8:45 |
Opening Remarks from the Co-ChairSgt. Amar Gosal |
9:00 |
Bail Reform Act: The Expected (and Unexpected) Impact of How Bill C-48 Amendments are Changing PolicingJon Reid Eric Neubauer This session will look at Bill C-48, An Act to amend the Criminal Code (bail reform) which comes into effect January 2024. How will the bill work in concert with the Canadian Charter of Rights and Freedoms and the Criminal Records Act.
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9:45 |
Preparing for Incoming Disciplinary Regimes under the Reformed Community Safety and Policing Act, 2019 (CSPA)Lauren Katz Larry Vieira The Comprehensive Ontario Police Services Act (2019) ) is coming into effect April 2024, with updated rules for disciplinary hearings. Different types of disciplinary action can be imposed by the Chief of Police without first conducting a hearing.
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10:30 |
Networking Break |
10:45 |
FOCUS ON BWC PART IBWC Investigative Techniques and How Evidence is Now Being Used in CourtSunil Mathai Deqa Nur Margaret Sciortino In a precedent-setting 2023 Ontario Court decision, the act of two Toronto Police Service officers muting their body worn cameras during an arrest, has resulted in an acquittal following a 2021 impaired driving charge. In a second unrelated case, gun charges were dropped after Durham Regional Police officers testified they also muted their microphones mid-arrest. This session will discuss the evolving legal implications of BWC evidence in court. |
11:30 |
The Legal Parameters Affecting AI Ethics, Law, Policy and Usage by PoliceDubi Kanengisser Katherine Robertson
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12:15 |
Networking Luncheon for Speakers and Delegates |
1:30 |
Keynote Address: Perfect Police Officer SyndromeThe Canadian public demands a police officer who is polite and soothing in a crisis but who can also disarm a criminal and defuse an emergency situation. This session will examine if, when and how police can meet the public’s expectations in addition to satisfying legal requirements |
2:00 |
STATUS UPDATEDissecting Trends in Complaints and Charges Against Police and Disciplinary Outcomes – From Use of Force to Frivolous ComplaintsJustin Amaral Carla Goncalves Sgt. Amar Gosal Jennifer Smith Delegates will hear a status report on the types of complaints being lodged against police officers, the frequency of the types of complaints, and how there are viewed by oversight agencies. Discover which types of complaints are most common, which are considered vexatious and/or frivolous, and which are of most concern. |
2:45 |
Networking Refreshment Break |
3:30 |
The Evolving Case Law on Using Electronic Surveillance: Grey Areas and How to Navigate ThemAnil K. Kapoor Solomon Friedman This session will look at the evolving legal, operational and budgetary challenges surrounding electronic surveillance.
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4:15 |
CROSS-BORDER INVESTIGATIONSCombating Cyber and Trafficking Crimes Affecting Missing and Murdered Indigenous Women and Girls Taken Across the BorderThis session will delve into the awareness and prevention work the United States Department of Homeland Security is doing to address missing and murdered Indigenous people, both in the realm of cybercrime and human trafficking, across the U.S.-Canada border.
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5:00 |
Closing Remarks from the Co-Chair |
Day 2 - Thursday, May 9, 2024
8:30 |
Registration Opens and Refreshments Served |
9:00 |
Remarks from the Co-Chair |
9:05 |
Carding, Legacy Data and the Liability for Police DepartmentA 2023 class action lawsuit has been brought against Toronto Police Service for the historical and ongoing practice of “carding” and data retained from carding. This session will review Chief Justice of Ontario Michael Tulloch 2018 “Report of the Independent Street Checks Review” as well as take stock of implementation of the 129 recommendations. |
9:30 |
FOCUS ON BWC-PART IIBWC Privacy Policy: How Police Services are Updating the Privacy and Body Worn Camera PolicyR. Kyle Friesen
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10:15 |
Networking Break |
10:30 |
Conducting Complaint and Misconduct Investigations Under Ontario’s Incoming
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11:15 |
Digital Evidence ManagementCracking Cold Cases with Forensic Genealogy and the Impact on Case OutcomesJack Laird Insp. Aaron Lloyd Jeremy Tatum
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12:00 |
Networking Luncheon for Speakers and Delegates |
1:00 |
Cybercrime Investigations: Canadian and International Perspectives on Cross-Border CollaborationInsp. Lina Dabit
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1:45 |
Prisoner Release: What Information Can and Cannot be Shared between Police, Corrections and the PublicThis session will examine what information is shared between corrections and police when an inmate is released as well as the information sharing process.
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2:30 |
Networking Refreshment Break |
2:45 |
The Finer Points of Disciplinary Hearings Amid Long-Term Disability Claims: Special Considerations and Key Pitfalls to AvoidDavid Butt
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3:30 |
The Roles of Community Advisory Boards and the Coordination with PoliceAnitra Basant Sisavang Under the incoming Community Safety and Policing Act (2019), police services boards are required to create a diversity plan to ensure that the members of the board reflect the diversity of the surrounding municipal population.
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4:15 |
Closing Remarks from the Co-Chair |
Workshop A — Digital Evidence Collection, Storage and Management: How Records Management is Coordinating with Increasing DEMS Demands
Niall Gilks
Senior Litigation Counsel, Joint Serious Offences Team
Ontario Securities Commission
Lynda Morgan
Partner
Addario Law Group LLP
What is it about?
Join this comprehensive session to discuss how privacy and organizational policies are evolving to ensure digital evidence integrity is maintained from the initial point of evidence gathering, all the way to presenting evidence in court. This session is being offered in-person only.
Benefit from smaller-group learning, extended Q&A and speaker-prepared refence material or your work after the conference.
- Interfacing with BWC, car camera and drones footage
- Identifying what information is and is not recorded, what is uploaded, and where is it saved
- Transferring information from devices such as portable drives
- Security digital information from third parties, public CCTV, lab reports, body worn cameras, cellphones, drones
- Authenticating digital evidence obtained from the public
- Security digital evidence from social media accounts
- Transferring evidence to the Crown, including encryption in transit and during storage
Workshop B — Managing Employee Performance and When to Escalate to a Discipline Investigation: Contrasting the Police Acts and Labour Law Considerations
Jessica Barrow
Partner
Perley-Robertson, Hill & McDougall LLP
What is it about?
This session will take a deep dive into the differences between Police Acts and Labour Law requirements, managing a discipline investigation vs. how to triage internal complaints to determine appropriate next steps.
Part I: Taking stock of emerging complaints
- Analyzing the most common complaints against officers, including:
- Validating the complaint
- Gauging the level of severity
- Performance actions taken against the officers
- Actions communicated to the complainant and/or general public
Part II: Triaging Complaints
- Examine a discipline investigation under the provinces respective Police Service Act and Police Act
- Triaging workplace complaints against a police employee
- Actions to resolve employee conflicts and/or performance challenges internally
- Examining the threshold for escalating a performance challenge to a discipline investigation
- Best practices for “no contact provisions”
- Addressing specific challenges for employees under probation
- Determining the threshold for dismissal
Part III: Action Items
- How can the role of a police agency as a customer service a provider reduce complaints?
- What role can public education campaigns and community policing initiatives play in reducing complaints?
- The extent of correlation between training initiatives and a reduction in complaints