Pre-Conference Workshops

Virtual Workshop A: Drafting Policies to Safeguard Against Human Rights Complaints and Liability Actions

Jun 8, 2020 9:00am – 12:00pm

Speakers

Suzanne Kettle
Manager, Risk Management
Ontario Provincial Police

Chris Collins
Manager, Uniform Recruitment
Ontario Provincial Police

Antonella Ceddia
Lawyer, Litigation Section
City of Toronto

Virtual Workshop B: Fundamentals of a Police Service Board

Jun 8, 2020 1:00pm – 4:00pm

Speakers

Jane Burton
Solicitor, Legal Services
City of Toronto

Fred Kaustinen
Executive Director
Ontario Association of Police Services Boards

Paul Pedersen
Chief
Greater Sudbury Police Service

Fred Fischer
Solicitor, Legal Services
City of Toronto

Day 1 - Tuesday, June 9, 2020

8:30
Opening Remarks from the Chair
8:45

PANEL

Policing Amid COVID-19 Liability and Charter Challenges
9:30

PANEL

Deconstructing and Adopting the COPS Act
10:30
Morning Break
11:00

PANEL

A Year in Review: Civil Liability for Police Services
12:00
Combating the Rise of Negligent Investigations Complaints
1:00
Lunch Break
1:45
Charter Challenges in a Police Discipline Matter
2:45
Advice on Non-Criminal Policing
3:45
Afternoon Break
4:15
Requests for Military Assistance by Civilian Agencies
5:00
Closing Remarks from the Chair

Day 2 - Wednesday, June 10, 2020

9:00
Opening Remarks from the Chair & Top 15 Essentials from Bill C-75: The Amended Criminal Code, the YCJA and You
10:00

KEYNOTE

Priorities for Policing in Canada
10:30
Morning Break
11:00

CASE STUDY

Eliminating Racial Profiling in Policing
11:45
Bitcoin Seizures and Forfeitures and other Top Cases to Watch on Search and Seizure
12:45
Lunch Break
1:45
Assessing the Legal Gaps between Protecting Privacy and a Tech-Savvy Criminal World
2:45
Strategies for Effectively Participating at Police-Involved Inquests
3:30
Closing Remarks from the Chair
3:45
Virtual Cocktail Hour

Day 1 - Tuesday, June 9, 2020

8:30
Opening Remarks from the Chair

R. Kyle Friesen
Legal Advisor, Royal Canadian Mounted Police - Legal Advisory Section
Department of Justice Canada

8:45

PANEL

Policing Amid COVID-19 Liability and Charter Challenges

Lt.-Col. Jean-Michel Cambron
Director – Legal Services
Canadian Forces Provost Marshal

Norm Feaver
Legal Counsel
Ministry of the Solicitor General

R. Kyle Friesen
Legal Advisor, Royal Canadian Mounted Police - Legal Advisory Section
Department of Justice Canada

Sam Goldstein
Criminal Defence Lawyer

9:30

PANEL

Deconstructing and Adopting the COPS Act

Sarah Kennedy
President
Ontario Special Constables Association (OSCA)

Paul Pedersen
Chief
Greater Sudbury Police Service

Ryan Teschner
Executive Director
Toronto Police Services Board (TPSB)

Michael Duffy
Counsel – Policy and Research
Police Association of Ontario

  • Redefining special constables including campus police and the differences between special constables and police
  • How will boards and their services collaborate to develop policies, strategic plans and budgets?
  • Partnering and fulfilling the requirements of the Community Safety and Wellbeing plan
  • How will oversight of special constables, and their employers, be executed – locally, provincially, or a combination of both?

10:30
Morning Break
11:00

PANEL

A Year in Review: Civil Liability for Police Services

Bryant Mackey
Legal Counsel
Vancouver Police Department

Sunil Mathai
Senior Counsel
Ministry of the Attorney General

  • An in-depth review of top cases from the past year and perspectives on cases to watch
  • Use of Force
  • Failure to train and inadequate police training
  • General Duty of Care, including care to prisoners
  • Failure to protect the public
  • Evaluating the relationship between the Crown and police
  • Clark v. Ontario (Attorney General), 2019
  • Smith V. Ontario (Attorney General) 2019
  • Fleming v. Ontario (2019)

12:00
Combating the Rise of Negligent Investigations Complaints

Bryant Mackey
Legal Counsel
Vancouver Police Department

Kevin McGivney
Partner
Borden Ladner Gervais LLP (BLG)

  • Trends in negligent investigation complaints
  • Analyzing public opinion and understanding of police procedure in relation to complaints
  • Mitigating negligence amid high workloads and diminished resources

1:00
Lunch Break
1:45
Charter Challenges in a Police Discipline Matter

Joël M. Dubois
Partner
Perley-Robertson, Hill & McDougall LLP/s.r.l.

Carla Goncalves
Counsel
Office of the Independent Police Review Director (OIPRD)

  • Obstruction of justice with a look at R. v Smythe (2019)
  • Closed hearings versus freedom of the press with a look at Canadian Broadcasting Corporation v. Ferrier (2019)

2:45
Advice on Non-Criminal Policing

Melissa Insanic
Associate Counsel
York Regional Police

Bryce Chandler
Legal Counsel, Director of Human Resources
Windsor Police Service

Jessica Barrow
Lawyer
Perley-Robertson, Hill & McDougall LLP/s.r.l.

How to advise police officers who are responding to a non-criminal incident including:

  • Enforcing custody and access to children, and domestic disputes
  • Intervening in landlord-tenant disputes
  • Interceding in common-law agreements

3:45
Afternoon Break
4:15
Requests for Military Assistance by Civilian Agencies

Lt.-Col. Jean-Michel Cambron
Director – Legal Services
Canadian Forces Provost Marshal

Civilian agencies regularly face significant operational challenges brought by severe natural catastrophes, complex national security and critical law enforcement imperatives. With requests for assistance submitted on a regular basis and increasingly frequent severe forest fires and floods.

  • What legal framework governs requests for military assistance?
  • On what authorities do the Canadian Armed Forces rely to conduct military operations within Canada?
  • What process applies to requests for military assistance?
  • What legal tests apply to these requests?
  • Which forms of assistance can and cannot be provided by the Armed Forces?

5:00
Closing Remarks from the Chair

Day 2 - Wednesday, June 10, 2020

9:00
Opening Remarks from the Chair & Top 15 Essentials from Bill C-75: The Amended Criminal Code, the YCJA and You

R. Kyle Friesen
Legal Advisor, Royal Canadian Mounted Police - Legal Advisory Section
Department of Justice Canada

10:00

KEYNOTE

Priorities for Policing in Canada

Bill Blair
Minister of Public Safety and Emergency Preparedness
Minister of Border Security and Organized Crime Reduction
Member of Special Committee on the COVID-19 Pandemic

10:30
Morning Break
11:00

CASE STUDY

Eliminating Racial Profiling in Policing

Suelyn Knight
Manager Equity, Inclusion and Human Rights
Toronto Police Services

Renu Mandhane
Chief Commissioner
Ontario Human Rights Commission (OHRC)

This panel will take a look at the Toronto Police Services’ Race-Based Data Collection, Analysis and Public Reporting Policy, being launched in 2020, and the elements police services need in their toolkits for responding to racism and racial profiling, including:

  • Adapting policies, procedures, professional development and education materials to help front-line officers and leaders meet their obligation to provide equitable policing
  • Meeting new obligations under the Comprehensive Ontario Police Services Act, 2019
  • Seven principles for eliminating racial profiling: acknowledgment, engagement, policy guidance, data collection, monitoring/accountability, organizational change and multi-year action plans

11:45
Bitcoin Seizures and Forfeitures and other Top Cases to Watch on Search and Seizure

Michael Fawcett
Crown Counsel
Ministry of the Attorney General of Ontario

  • Investigating and tracing an unregulated currency
  • Expectations of privacy on digital devices, on personal, shared and work devices R. v. Jones (2017)
    • R. v. Reeves (2018)
    • R. v. Marakah (2017)
    • R. v. Le (2019)
    • R. v. Yu (2019)
  • Applying solicitor-client privilege to digital devices
  • Understanding consent searches and who is authorized to give third-party consent — R. v. Cole
  • Court ordered searches, including Anton Piller searches in civil actions with police enforcement clauses

12:45
Lunch Break
1:45
Assessing the Legal Gaps between Protecting Privacy and a Tech-Savvy Criminal World

David Goodis
Assistant Commissioner
Office of the Information Privacy Commissioner of Ontario

Sharon Polsky
President & CEO
Privacy & Access Council of Canada (PACC)

  • Assessing automated decision-making systems (ADSs) and other artificial intelligence (AI) driven applications and new threats
  • Monitoring and responding to an incident caught on surveillance with a look at McAllister v. Calgary (City) (2018)
  • Preventing genetic discrimination and a look at 2017 Genetic Non-Discrimination Act (GNA)
  • Demonstrating privacy concerns related to facial recognition software and “emotion reading” artificial intelligence

2:45
Strategies for Effectively Participating at Police-Involved Inquests

Dr. David Cameron
Regional Supervising Coroner – Inquests
Office of the Chief Coroner (Solicitor General)

Prabhu Rajan
Chief Counsel to the Chief Coroner
Office of the Chief Coroner (Solicitor General)

  • Modernizing the inquest system for greater collaboration and efficiency
  • Amendments to the Coroners Act by the incoming COPS Act
  • Mandatory inquests in deaths involving police, including use of force and in-custody
  • Tips for preparing a police service and police officer for an inquest

3:30
Closing Remarks from the Chair
3:45
Virtual Cocktail Hour

Virtual Workshop A: Drafting Policies to Safeguard Against Human Rights Complaints and Liability Actions

Jun 8, 2020 9:00am – 12:00pm

Suzanne Kettle
Manager, Risk Management
Ontario Provincial Police

Chris Collins
Manager, Uniform Recruitment
Ontario Provincial Police

Antonella Ceddia
Lawyer, Litigation Section
City of Toronto

What is it about?

A review of case law on human rights complaints against police by the public with a focus on lessons learned and tips for reviewing policy and procedures. This session provides 3 Hours of Equality, Diversity and Inclusion credits for the Law Society of Ontario.

  • Creating policies to ensure safeguarding the fundamental rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code
    • Addressing claims of systemic discrimination based on race, disability, and other Code-protected grounds
    • Principles of accommodation related to policing and serving the public, including accommodation based on gender, gender identity, disability, creed and other Code-protected grounds and practical advice on what the law requires with regards to balancing human rights and policing requirements
  • Review of case law including what constitutes racial profiling
    • R. v. Le (2019)
    • R. v. Omar (2019)
  • What powers of inquiry does the Ontario Human Rights Commission have and how is the power being used with respect to Policing in Ontario?
*This session provides three hours of Equality, Diversity and Inclusion credits for the Law Society of Ontario.

Virtual Workshop B: Fundamentals of a Police Service Board

Jun 8, 2020 1:00pm – 4:00pm

Jane Burton
Solicitor, Legal Services
City of Toronto

Fred Kaustinen
Executive Director
Ontario Association of Police Services Boards

Paul Pedersen
Chief
Greater Sudbury Police Service

Fred Fischer
Solicitor, Legal Services
City of Toronto

What is it about?

  • Defining the role of a board member, day-to-day duties and authority under the incoming Comprehensive Ontario Police Act (2019)
  • Establishing policies on operational issues, communicating policy and what happens when government intervenes?
  • Analyzing the Independent Civilian Review into Matters Relation to the G20 Summit, 2012, by the Hon. John W. Morden
  • Lessons learned from relationships with the Chief
    • How and when to direct the Chief of police in operational matters – and when not to
    • Asking the penetrating questions
    • Keeping the dialogue open on contentious issues
  • Recruiting and selecting a new chief or deputy chief