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Pre-Conference Workshops

Workshop A — How to Manage Employee Performance and When to Escalate to a Discipline Investigation

Nov 6, 2023 8:30am – 12:00 PM

Speakers

Insp. Derek P. Thibodeau
OIC Professional Responsibility Unit
“E” & “M” Division, RCMP

Workshop B – Searches, Seizures, Detention Orders and Major Case Management: Staying within Parameters of the Canadian Charter of Rights and Freedoms and How to Operate Under Stricter Court Procedures

Nov 6, 2023 1:00pm – 04:30 PM

Speakers

Martine Sallaberry
General Counsel, Office of the Chief
Medicine Hat Police Service

Erin Hobday
Legal Counsel
Independent Investigations Office of BC

Day 1 - Tuesday, November 7, 2023

7:45
Registration and Refreshments Served
8:45
Opening Remarks from the Co-Chairs
9:00
A Look at BC and Alberta’s Police Act Amendments
9:30
The Real Threshold for Laying Charges Against Officers: Common Misconceptions and Clarifying What Does (and Doesn’t) Merit Charges
10:15
Networking Refreshment Break
10:45
The Newest National Perspectives on Firearms Legislative Reforms-and Practical Takeaways
11:30
Responding to Frivolous and Vexatious Complaints and Proceedings Before Courts and Administrative Tribunals
12:15
Networking Luncheon for Speakers and Delegates
1:30
Interview: Effective Police Communication Strategies in the Wake of the Mass Casualty Report
2:00

DIGITAL EVIDENCE MANAGEMENT PART I

DEMS Digital Evidence Management Systems and Electronic Disclosure
2:45
Networking Refreshment Break
3:00
The Real-Life Impact of the BC and Alberta Police Act Amendments: Perspectives on How They Will Change the Course of Police Conduct Disciplinary Hearings
4:00

CASE STUDY

An Update on Surrey Municipal Police Transition Projects
4:45
Closing Remarks from the Co-Chairs. Conference Adjourns

Day 2 - Wednesday, November 8, 2023

7:30
Registration and Refreshments Served
7:55
Opening Remarks from the Co-Chairs
8:00
Early Riser: Fostering Healthy Workplaces and Professional Wellness
9:00
Keynote Address
9:30
A Year in Review of Drug Decriminalization in BC and the Potential Implications for Other Provinces
10:15
Networking Refreshment Break
10:30

CASE STUDY

Emerging Challenges with the Implementing and Scaling of Body Worn Cameras (BWC)
11:15

DIGITAL EVIDENCE MANAGEMENT PART II

Crown Perspectives for Meeting Heightened Expectations for Digital Evidence Sharing and Integrity
12:00
Networking Luncheon
1:00
Innovations in Investigative Techniques
1:45
Roundtable Discussion on Emerging Charter Challenges Affecting Police Operations
2:45
Networking Refreshment Break
3:00
Clarifying the Latest Changes to Confidential Informants and Privilege in the Crime Stoppers Program
3:45
Navigating A Surge in Complaints and Parallel Complaints to Oversight Bodies
4:30
Closing Comments from the Co-Chairs. Conference Concludes

Day 1 - Tuesday, November 7, 2023

7:45
Registration and Refreshments Served
8:45
Opening Remarks from the Co-Chairs

R. Kyle Friesen, O.O.M
General Counsel, Legal Services
Surrey Police Service

Robert Fenton
Director, Legal Services
Calgary Police Service

Fiona Wilson, M.O.M
Deputy Chief Constable
Vancouver Police Department

9:00
A Look at BC and Alberta’s Police Act Amendments

Moderator:

R. Kyle Friesen, O.O.M
General Counsel, Legal Services
Surrey Police Service

9:30
The Real Threshold for Laying Charges Against Officers: Common Misconceptions and Clarifying What Does (and Doesn’t) Merit Charges

David Butcher K.C.
Partner
Wilson Butcher LLP

Rob Farrer
Director Pacific/North Region
National Police Federation

Ryan Hira
Legal Counsel
Hira Rowan LLP

This session will look at the acquittal of former RCMP officer Edward Paul Mittelsteadt, the decision behind B.C. Prosecution Service to lay charges in February 2022, and the judge’s declaration of “insufficient evidence.” This panel will discuss the broader takeaways and special considerations affecting pending and future cases. This session will look at the following case law, including Rex vs. Mittelsteadt, Regina vs. Mason, 2022 BCPC 285, and Rex vs. Tsonos, 2022 BCPC 265.

10:15
Networking Refreshment Break
10:45
The Newest National Perspectives on Firearms Legislative Reforms-and Practical Takeaways

Blaine R. Beaven
Senior Legal Counsel
Saskatchewan Firearms Office

  • Federal Gun Reform: BILL C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
  • Implications on the proposed Alberta Firearms Act (2023), Bill 8
  • Saskatchewan Firearms Act (2022)

11:30
Responding to Frivolous and Vexatious Complaints and Proceedings Before Courts and Administrative Tribunals

Robert Fenton
Director, Legal Services
Calgary Police Service

Police departments are experiencing a rise in complaints resulting in civil action. Although not every complaint is thought to have validity, all complaints must receive a police response. Some complainants have the added complexity of a mental health challenge. This session will address complaints against police and municipalities resulting in civil matters as it pertains to self-represented litigants. 

  • Responding to the Rise of Self-Represented Litigants in Civil Matters: The Latest Lessons Learned
  • Reconciling processes stacking, when a complaint arising from a single incident is brought to civil action, public complaints process and human rights complaints
  • Fighting the complaint on principal versus settling a file where there is no legal wrongdoing
  • Ignoring a complaint vs. default judgement
  • Strategies for engaging with self-represented litigants and defending the police and city
  • Communicating the legality to city council members or police board members
  • Meeting the expectation for access to justice and how the court process pertains to self-represented litigants

12:15
Networking Luncheon for Speakers and Delegates
1:30
Interview: Effective Police Communication Strategies in the Wake of the Mass Casualty Report

  • Internal and external communication best practices: The police service, the association and the public
  • Creating positive police branding locally, provincially and nationally and responding to negative branding, both from international and domestic influences
  • How to respond quickly and effectively

2:00

DIGITAL EVIDENCE MANAGEMENT PART I

DEMS Digital Evidence Management Systems and Electronic Disclosure

Jason Laidman
Deputy Chief of Administration
Victoria Police Department

Acting Inspector Christian Lowe
Internet Child Exploitation Unit, Special Investigation Section
Vancouver Police Department

  • Collecting and preserving evidence
  • Securing the evidence trail
  • Authenticating digital evidence obtained from private citizens
  • What constitutes manipulated digital evidence
  • Presenting digital evidence in court

2:45
Networking Refreshment Break
3:00
The Real-Life Impact of the BC and Alberta Police Act Amendments: Perspectives on How They Will Change the Course of Police Conduct Disciplinary Hearings

Kevin Westell
Principal
Pender Litigation LLP
President/Chair, Canadian Bar Association, Criminal Justice

Robert Fenton
Director, Legal Services
Calgary Police Service

  • Establishing an independent commission to manage complaints and conduct disciplinary proceedings
  • Mandating the creation of civilian governing bodies for communities policed by RCMP

4:00

CASE STUDY

An Update on Surrey Municipal Police Transition Projects

Norm Lipinski, O.O.M
Chief Constable
Surrey Police Service

R. Kyle Friesen, O.O.M
General Counsel, Legal Services
Surrey Police Service

The Honourable Wally Oppal, K.C.
Senior Counsel
Boughton Law Corporation

Melissa Granum, MBA
Executive Director
Surrey Police Board

BC’s Minister of Public Safety and Solicitor General announced in July 2023 that the City of Surrey will maintain a municipal police service and not revert back to an RCMP-only police service.

This session will compare and contrast the transition plans, timelines and budgets:

  • Reconciling the public support and the statistical data for a municipal police service
  • Highlighting elements from the proposed policing model
  • Staffing levels and community partnerships
  • Financial projections
  • Maintaining existing assets versus acquiring new
  • Managing active investigation files amid the transition

4:45
Closing Remarks from the Co-Chairs. Conference Adjourns

Day 2 - Wednesday, November 8, 2023

7:30
Registration and Refreshments Served
7:55
Opening Remarks from the Co-Chairs
8:00
Early Riser: Fostering Healthy Workplaces and Professional Wellness

Brook Greenberg, K.C.
Partner
Fasken Martineau DuMoulin LLP
Chair of the Mental Health Task Force
Law Society of British Columbia

Police recruitment and retention continues to be a top concern for departments across the country.  

Designed to assist legal counsel and police officers to detect, prevent or respond to substance abuse, mental health or stress-related issues affecting professional competence and the   fulfillment of a lawyer’s ethical and professional duties. Join this early morning session as we focus on the impact on the quality of legal and law enforcement services provided to the public-and how to how to be a positive leader for your team, motivate your colleagues and prevent toxic atmospheres.

9:00
Keynote Address
9:30
A Year in Review of Drug Decriminalization in BC and the Potential Implications for Other Provinces

Conor King
Inspector
Victoria Police Department

Fiona Wilson, M.O.M
Deputy Chief Constable
Vancouver Police Department

Following Health Canada’s approval of an exemption request, in May 2022, people in British Columbia can legally carry 2.5g of carry up to 2.5 g of fentanyl and other illegal drugs, a lethal dose. This session will review the empirical evidence gathered since the implementation, and what can be gleaned for law enforcement operations and liability.

  • How has the change impacted police operations
  • How officer safety has been affected in the last year
  • Determining the liability police face if a person released from custody overdoses, or if a person not taken into custody then overdoses

10:15
Networking Refreshment Break
10:30

CASE STUDY

Emerging Challenges with the Implementing and Scaling of Body Worn Cameras (BWC)

Neil Dubord, O.O.M
Chief Constable
Delta Police Department

Harj Sidhu, M.O.M
Deputy Chief
Delta Police Department

Join this Frequently Asked Questions session as we delve into the implementation of Body Worn Cameras at Delta Police Department, due to enter its fourth stage of implementation in 2024. Hear success stories and lessons learned.

  • Where to begin the processes and implementations
  • How to implement organically, roll out the program and scale up the program, including:
    • When to deploy BWC, when to use BWC, how to use BWC and how they are applied in accordance with the policy
  • How to meet the commitments for the program and align with the community and other stakeholder expectations
  • Securing approval with the community, stakeholders, police board, and how to get support
  • How to implement software that will integrate with BWC, drones and LPRs
  • How to build and update changing policies and procedures

11:15

DIGITAL EVIDENCE MANAGEMENT PART II

Crown Perspectives for Meeting Heightened Expectations for Digital Evidence Sharing and Integrity

Nathan Buckham
Director, Strategic Technology & Corporate Projects
BC Corrections, Ministry of Public Safety & Solicitor General

Jim Hughes
Chief Legal Technology Counsel
British Columbia Prosecution Service

Elizabeth O’Grady
Deputy Chief Federal Prosecutor, Calgary Regional Office
Public Prosecution Service of Canada

  • Collaborating and sharing information among partner organizations
  • Presenting digital evidence in court, from emails, text messages and social media posts to photo and video documentation
  • Exploring the admissibility of recordings from smart devices, such as Google Home, Siri, Amazon Echo
  • Ensuring the integrity and authenticating the evidence
  • Meeting the need for a right to a speedy trial amid an increase in evidence and procedures

12:00
Networking Luncheon
1:00
Innovations in Investigative Techniques

Insp. Michael Heard
Bureau Director, Criminal Intelligence Service, British Columbia, Yukon (CISBC/YT)
RCMP

  • Examining how genetic genealogy techniques are being used to solve cold cases
  • Recent breakthroughs in advancing historical cases with a look at the “Babes in the Wood” case in Vancouver, 1947
  • Using DNA phenotyping, predicting a person’s
  • Appearance to create a composite sketch, with a look at the murder of Edgar (Iggy) Leonardo, Vancouver, 2003
  • Exploring rapid results DNA technology, how it works, how it can be applied to cases, and the pros and cons
  • Weighing the pros and cons of media releases

1:45
Roundtable Discussion on Emerging Charter Challenges Affecting Police Operations

Oren Bick
Senior Counsel
Public Prosecution Service of Canada

S/Sgt. Mark McVicar
Certified In‑House Counsel, Legal Risk & Management Officer
Calgary Police Service

  • Exploring rights under Section 10, arrest and detention, and how practices are evolving or remaining the same amid ongoing “carding” conversations
  • Examining Section 9, arbitrary detention and imprisonment, and how it differs from Section 10
  • Analyzing a person’s opportunity to retain counsel without delay
  • Interacting with people with disabilities or marginalized groups within the parameters of Section 15

2:45
Networking Refreshment Break
3:00
Clarifying the Latest Changes to Confidential Informants and Privilege in the Crime Stoppers Program

Sgt. L.C. Lewis Stone
Acting NCO i/c, EDIV Operations NCO of the Confidential Informant Analysis Unit (CIAU)
RCMP

Sgt. Gina Horley
NCO - Confidential Informer and Agent Unit (CIAU)
EDIV RCMP

  • How Crime Stoppers tips are used by police and Crown Counsel
  • Clarifying program changes including updated policies for information management
  • Case Law – Specific to Informers / Crime Stoppers
  • Exploring the “Mosaic Effect”
  • Current RCMP interim measures for risk mitigation and risk assessments
  • CS Tip Examples / Exercises

3:45
Navigating A Surge in Complaints and Parallel Complaints to Oversight Bodies

Christine McLean
Director of Labour and Employee Relations
Vancouver Police Department

David T. McKnight
Partner
Alexander Holburn Beaudin + Lang LLP

This session will look at challenges arising from handling an increased number of complaints against police officers, as well as single complaints filed with multiple oversight bodies, and best practices for processing complaints.

  • Exploring how grievances and arbitrations interface with BC Police Act Div 3 and 6 complaints
  • Analyzing the processes involved with Human Rights complaints and grievance/arbitration processes that are filed concurrently with a Police Act complaint
  • Calculating indemnification
  • Addressing protracted delays, including where complaints were filed years ago, or in relation to an incident that has long passed

4:30
Closing Comments from the Co-Chairs. Conference Concludes

Workshop A — How to Manage Employee Performance and When to Escalate to a Discipline Investigation

Nov 6, 2023 8:30am – 12:00 PM

Insp. Derek P. Thibodeau
OIC Professional Responsibility Unit
“E” & “M” Division, RCMP

What is it about?

This interactive, in-depth session will examine the differences between a discipline investigation and how to triage internal complaints to determine an accurate response. Benefit from practical takeaways, smaller-group discussion and speaker-prepared reference materials for your work after the conference.

Part I: Taking stock of emerging complaints
  • Analyzing the most common complaints against officers
    • 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
  • Conducting 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”
  • Examining 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 provider reduce complaints?
  • What role can public education campaigns an community policing initiatives play in reducing complaints?
  • Assessing the correlation between training initiatives and a reduction in complaints

Workshop B – Searches, Seizures, Detention Orders and Major Case Management: Staying within Parameters of the Canadian Charter of Rights and Freedoms and How to Operate Under Stricter Court Procedures

Nov 6, 2023 1:00pm – 04:30 PM

Martine Sallaberry
General Counsel, Office of the Chief
Medicine Hat Police Service

Erin Hobday
Legal Counsel
Independent Investigations Office of BC

What is it about?

This new interactive training session will explore critically important topics within a major case management framework. Benefit from a deep dive into key issues, along with real-world takeaways. Topics will include:

Part I: Production Orders and Search Warrants
  • The scope of the expectation of privacy for search and seizure
  • Clairfying electronic search requirements for searches of items such as smartphones and computers that have been lawfully seized (R. v. Vu (2009)), R. v. Fearon(2014)
  • Production orders and making third-party requests for information, as it relates to subscriber account information, with a look at R. v. Spencer (2014) and R v Bykovets (heard in January 2023)
  • Learn practical tips regarding search and seizure
Part II: Detention Orders
  • A close look at how Detention Orders are being more strictly enforced under section 490 of the Criminal Code
  • Discover key trends in Charter challenges surrounding section 490 orders
  • Applying the legal requirements for police to keep detained items, with a focus on more than 90 days
Part III: Bill S-4
  • Clarifying the changes to the Criminal Code procedures for obtaining judicial authorizations through phone (old telewarrants) and the new notice requirements
  • Updated procedures for production orders and tracking device orders
  • Examining a judge’s new power to order fingerprints as part of prisoner release
  • Exploring the approved delivery of virtual court procedures