Distinguished Speakers

Conference Co-Chair

Christopher Diana Senior Counsel, Legal Services Branch Ministry of the Solicitor General

Distinguished Faculty Staff Superintendent Peter Code Professionalism and Accountability Toronto Police Service

David Cowling Partner

Johnstone & Cowling LLP

Lisa Darling Executive Director

Ontario Association of Police Services Board (OAPSB)

Svina Dhaliwal Director, People and Culture Toronto Police Service

Michael Duffy Legal Counsel Police Association of Ontario

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

Carla Goncalves

Deputy Director Office of the Independent Police Review Director (OIPRD)

Detective Chief Superintendent Andrew Gould National Cybercrime Programme Lead UK National Police Chiefs’ Council

Sarah Kennedy President Ontario Special Constable Association

Ron LeClare Principal LeClare & Associates

Ronald J. MacDonald, K.C. Chief Civilian Director (CCD) Independent Investigations Office of British Columbia (IIOBC)

S/Sgt. Dave Merkel Ottawa Police Service

Jason Nicol

Crown Counsel, Justice Prosecutions Unit, Crown Law Office – Criminal Ministry of the Attorney General

Sgt. Satish Tarachandra

Division Investigative Interview Team, National Critical Incident Program, Crisis Negotiator RCMP

Zane Tessler Executive Director Independent Investigations Unit of Manitoba

Paul VandeGraaf Chief of Police Cobourg Police Service

Ricky Veerappan Director, Respect, Inclusion & Leadership, Office of Professionalism, Respect, Inclusion and Leadership Ontario Provincial Police

Rick Votour Senior Consultant and Investigator New Brunswick Police Commission

Sharon Wilmot Legal Counsel Peel Regional Police

Who Should Attend

y Police Chiefs, Deputy Chiefs, Sheriffs, and their Counsel y Police Commissioners y Professional Standards Investigators y Executives of Police Associations and their Counsel y Police Discipline Adjudicators y Criminal Law Practitioners y Government Policy Drafters y Government Attorneys y Members of the Plaintiff Bar y Police Service Board Members

Pre-Conference Workshops

Tuesday, May 2 (In Person Only)

8:30 am–12:00 pm (8:00 am Registration Opens)

Fulfilling New Mandatory Legislative Requirements for Applying Human Rights and Systemic Racism and Equity, Diversity and Inclusion in Policing

microphone-alt Svina Dhaliwal, Director, People and Culture, Toronto Police Service

Ricky Veerappan, Director, Respect, Inclusion & Leadership, Office of Professionalism, Respect, Inclusion and Leadership, Ontario Provincial Police

EDI 1:00 pm–4:30 pm (12:30 pm Registration Opens)

A Comprehensive Guide to Adhering to New Reporting Guidelines for Police Service Boards Under the New Community Safety and Policing Act and the incoming Comprehensive Ontario Police Services Act

microphone-alt Lisa Darling, Executive Director, Ontario Association of Police Services Board (OAPSB)

This session will look at how the role of the police board member will change under two incoming pieces of legislation.

Under the Community Safety and Policing Act (2019), coming into effect in 2023, police services boards members are required to take mandatory training on governance, human rights, and systemic racism, as well as equity, diversity and inclusion. This session will delve into all three areas.

Part I: Human Rights

• Identifying the special responsibilities of lawyers and paralegals to respect the human rights laws in force in Ontario

• How to prevent and address discrimination and harassment: The latest best practices and lessons learned

Part II: Systemic Racism

• Understanding power and privilege, unconscious bias or cultural homophily

• The lesser-known impact of daily verbal, behavioural and environmental indignities

Part III: Equity, Diversity and Inclusion

• Preparing a diversity plan to ensure members of the board are representative of the population, in accordance with the Community Safety and Policing Act, (2019)

• Discussing the value of diversity and inclusion in the workplace

• Implementing best practices for workplace diversity and inclusion

In 2023, the Community Safety and Policing Act, (2019) is taking effect, bringing with it new requirements for police services boards to review and create new policies and adhere to new reporting guidelines. As well, the incoming Comprehensive Ontario Police Services Act (2019), offers clarity on the role of board members.

• Creating a diversity plan to ensure that the members of the board are representative of the diversity of the population of their municipality, in accordance with the Comprehensive Ontario Police Services Act (2019)

» Processes for reviewing, publishing and approving the plan

• Clarifying when the board can and cannot make policies or give directions to the Chief of Police –specific investigations

» Conduct of specific operations

» Management or discipline of specific police officers

• Implementing new requirements to publish directions to the Chief of Police

• Reviewing arbitration operations when disputing police budgets

• Preparing a safety and well-being plan, and advisory committee

• Appointing new members: Reasonable steps to promote the appointment of members from demographic groups

• Preparing annual reports itemizing the steps taken to ensure boards members reflect the diversity of the population

Day One

Wednesday, May 3

8:45

Opening Remarks from the Co-Chairs

microphone-alt Christopher Diana, Senior Counsel, Legal Services Branch, Ministry of the Solicitor General

9:00

Fireside Chat

A look at the status of policing in Canada, from the perspective of the Inspector General of Policing, two years after the new national role was created.

• Inspections of police services and boards

• Systemic concerns regarding the provision of policing

• Complaints about board members

• Whether a police service is providing adequate and effective policing

9:30

Preparing for the Uncertain Impact of Incoming Disciplinary Regimes under the Reformed Comprehensive Ontario Police Service Act

microphone-alt Michael Duffy, Legal Counsel, Police Association of Ontario

The incoming Comprehensive Ontario Police Services Act (2019) includes modernizing parts of the discipline system for police officers. Different types of disciplinary action can be imposed by the Chief of Police without first conducting a hearing.

• Status report on the timeline for implementation

• How the disciplinary regime in the Act will affect professional standards, and internal disciplinary process

• Managing disciplinary hearings in the matter of termination and demotion

• Deciphering when suspension without pay applies and under what conditions

• When you can (and cannot) go to arbitration

• Determining what constitutes fair legal representation for the police association service member

10:15 Networking Break

10:30

The Newest Takeaways from the Mass Casualty Commission Final Report

This session will discuss the practical takeaways for officers from the final report from the Mass Casualty Commission. The inquiry into the April 2020 shoot of 22 people in Nova Scotia is due to be released in March 2023.

11:15

Investigating Suspected Criminal Police Corruption: Best Practices for Police Executives and Senior Leaders

microphone-alt S/Sgt. Dave Merkel, Ottawa Police Service

Jason Nicol, Crown Counsel, Justice Prosecutions Unit, Crown Law Office - Criminal, Ministry of the Attorney General

Sgt. Satish Tarachandra, Division Investigative Interview Team, National Critical Incident Program, Crisis Negotiator, RCMP

This session will focus on what senior management and legal representatives of police services need to know about investigating police corruption, the politics of their roles in such matters, and how these investigations should be managed. Do police agencies have robust internal mechanisms to ensure processes are not being abused?

• Common issues and public tips that may be indicative of corruption

• Initial steps to validate information

• When to request external agency support

• Balancing organizational risk with the need to obtain evidence

• Handling confidential sources

• Ensuring the integrity of the investigation

• Deciding which investigative path to follow – the criminal vs administrative (PSA) issue

• Identifying conflicts of interest and adhering to guidelines

• Implementing effective practices and reporting mechanisms

• Case Study Review: Breach of Trust – Officers accepting money from tow-truck companies

12:00 Networking Luncheon for Speakers and Delegates

1:15 CASE STUDY

Implementing Early Warning Systems for Uncovering Officer Misconduct

microphone-alt S/Superintendent Peter Code, Toronto Police Service

Join this session to discover what an early warning system for police misconduct includes and how it can be implemented effectively.

• Identifying patterns of misconduct that can give rise to liability

• Pursuing disciplinary action or pursuing opportunities for more training, and where to draw the line

• Monitoring and assessing the success rate – and identifying deficiencies

2:30

The Scope of Search and Seizure Authority involving Police Officer Property Post-York Regional District School Board Decision

microphone-alt Sharon Wilmot, Legal Counsel, Peel Regional Police

How does Section 8 Of the Charter of Rights and Freedoms apply to security and policing environments, and non-criminal inquiries?

• Exploring the regulatory powers of an employer to search an employee’s cellphone, computer and other devices

• Can the principles applied in criminal cases be applied to internal investigations?

• Case study: Analyzing how the judge’s decision affects police and security personnel following Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA

• Are police agencies allowed to look at the internal activity of their own officers?

• Accessing information and searching police radio activity

• Investigation – who gets to look at the information – what protection is there for the officer’s privacy

• Delineating when can police disciplinary files can be used after the matter is closed

3:15 Networking Refreshment Break

MEDIA PARTNERS:

3:30

What it Now takes to Secure Injunctions in the Context of Public Protests and Civil Disobedience

microphone-alt R. Kyle Friesen, General Counsel, Legal Services, Surrey Police Service

Christopher Diana, Senior Counsel, Legal Services Branch, Ministry of the Solicitor General

This session will look at the legal mechanics of winning injunctions in the context of public protests and civil disobedience. This session will also take a specific look at the injunction granted by the Ontario Superior Court with an aim to end a protest blockade at the Ambassador Bridge in Windsor Ontario.

• Adhering to court processes and the role that police counsel can play between the parties and in Court

• Analyzing the expectations of the court’s decisions and procedural requirements

• Examining the right of police to submit Affidavit evidence in support of the granting or continuing of injunctions as “interested non-parties” to the application

• Examining how injunctions differ when they are applied to public vs. private property

» Roads, sidewalks, bridges and parks

» Commercial and land under development

• Examining how injunctions apply in with the context of a labour or employment law issue

4:15 THE FUTURE OF LAW ENFORCEMENT

Fighting Crime in the Metaverse: Evolving Police Investigations Techniques and Legal Applications for Addressing Crimes within Virtual Reality Platforms

microphone-alt Ron LeClare, Principal, LeClair & Associates

This session will explore the current legal and police actions that can be applied inside a Massive Multiplayer Online Experience (MMO) or other multi-player games.

• Exploring the applications for a virtual reality police station for players to report crimes and give statements

• Analyzing the ability to investigate crimes in the metaverse, including crimes of theft and sexual assault

• Examining the legality of a wiretap and other evidence gathering techniques on a virtual reality space, and the expectation of privacy

• Discovering the functionality of police using avatars in a virtual space

• Delineating how entrapment laws may apply or differ in the virtual context

5:00

Closing Remarks from the Co-Chairs

9:00

Remarks from the Co-Chairs

9:05

KEYNOTE ADDRESS

9:30

Standardizing Use-of-Force Policy Across Canada

microphone-alt Ronald J. MacDonald, K.C., Chief Civilian Director (CCD), Independent Investigations Office of British Columbia (IIOBC)

This session will outline the steps being taken to align the use-of-force standard across policing agencies, nationally. How will a national policy be adopted across jurisdictions, and what growing pains can be anticipated?

• Defining what is considered “use of force that is reasonable and necessary” and the threshold for applying the definition

• Implementing “less lethal interventions,” and eliminating chokeholds, as directed by the Minister of Public Safety’s mandate letter

• Balancing public safety with officer safety objectives

• Exploring how training initiatives will be updated and implemented

10:15 Networking Break

10:30

11:15

Freedom of Expression Limits for Police: Reconciling Charter Rights and Employment Policies Amid Protests, Political Unrest and Social Media Activity

microphone-alt Carla Goncalves, Deputy Director, Office of the Independent Police Review Director (OIPRD)

Are police officers ever off duty and if so, are members allowed to voice political and other opinions, and how is their conduct measured? This session will examine a police officer’s Charter Rights, as it pertains to engaging in freedom of speech and peaceable assembly, while examining the interplay of a police officer’s role as a public order enforcer and department employee.

• Examining individual rights versus employment laws, with a look at police members participating in, and financial donations to, the Freedom Convoy Protest in Ottawa

• Exploring the legal ramifications of policing officers posting on social media

• Considerations when a police member’s personal message runs contrary to the police agency’s message

• Deciding when disciplinary action is warranted and when criminal charges are warranted

• Discussing when are police allowed to have an active voice?

12:00 Networking Luncheon for Speakers and Delegates

1:00

Conducting Joint Investigations Involving a Multi-Agency Collaboration

KEYNOTE ADDRESS:

What Canadian Police Can Gain from UK Initiatives to Combat Cybercrime

microphone-alt Detective Chief Superintendent Andrew Gould, National Cybercrime Programme Lead, UK National Police Chiefs’ Council microphone-alt Rick Votour, Senior Consultant and Investigator, New Brunswick Police Commission

Investigating Suspected Crimes Against Police Officers: The Finer Points of Effective Processes and Procedures for Conducting Internal Investigations

microphone-alt Ian D. Scott, Former Director, Ontario Special Investigations Unit; External Counsel, Ontario Civilian Police Commission, Principal, Law office of Ian Scott

Jason Nicol, Crown Counsel, Justice Prosecutions Unit, Crown Law Office - Criminal, Ministry of the Attorney General

Zane Tessler, Executive Director, Independent Investigations Unit of Manitoba

This session will delve into the unique challenges and dynamics associated with investigating a suspected crime or misconduct, when both the victim and the accused are members of a police organization, including sexual and/or physical assault, domestic assault, breach of trust, bullying and intimidation.

• How does the complainant come forward, through human resources, or through OIPRD, who would handle the complaint complaining on its origin?

• When does this move from an internal to an external investigation?

• Who has priority to access information and when

• How to share, or not share information between the union and employees

• Relevance of confidentiality, with both parties being internal

• Examining a police officer’s access to justice, and how it differs from other citizens

• What are the systems that need to be put into place so that they can be investigated properly?

• Analyzing the importance of informal discipline, and if this is more or less appropriate in the circumstance

• Pathways to make it easier for police members to report crime, and mitigate the perceived and potential effect on their career

2:30 Networking Refreshment Break

Venue Information

Hotel: Novotel Toronto North York Hotel

Address: 3 Park Home Avenue, Toronto, ON, M2N 6L3

Phone: 416.733.2929

2:45 ETHICS

How to Manage Concurrent Complaints in Labour Arbitration and the Human Rights Tribunal

microphone-alt David Cowling, Partner, Johnstone & Cowling LLP

• Ethical issues around communications

• Record sharing and statutory privilege issues

• Impact of prior findings in related processes

• Litigation strategies

• Case study: Northern Regional Health Authority v Horrocks, 2021 SCC 42 is a new Supreme Court of Canada decision

3:30 CASE STUDY

Exploring an Expanded Range of Duties for Special Constables

microphone-alt Sarah Kennedy, President, Ontario Special Constable Association

Paul VandeGraaf, Chief of Police, Cobourg Police Service

This session will look at the new provisions under the Comprehensive Ontario Police Services Act (2019), to more closely regulate the appointment, duties, employment and discipline of special constables. As well, this session will explore different police pilot projects whereby special constables are expanding their role.

• Examining how use of force differs between police officers and special constables

• Discussing oversight regimes and mechanisms to make a complaint against a special constable

• Analyzing which laws and bylaws can be included within the authority of special constables, such as enforcing Trespass to Property Act and Investigate Services Act

4:15

Closing Remarks from the Co-Chairs

We’re pleased to offer our delegates a limited number of hotel rooms at a negotiated rate available until April 11, 2023.

To take advantage of these rates, please contact the hotel directly at 416-733-2929 and mention the group name ‘Canadian Institute’ or ‘Block ID# 1682361’ or email reservations@novotelnorthyork.com

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EARN CPD CREDITS

This 2-day conference program can be applied towards 6 of the 9 substantive hours, as well as 1.5 professionalism hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 3 EDI hours for attending pre-conference Workshop A and 3 professionalism hours for attending pre-conference Workshop B.

The same number of hours may be applied to your continuing legal educational requirements in British Columbia.

The Barreau du Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta

The Law Society of Saskatchewan recognizes another province’s CPD credits so long as the hours are submitted to the Director of Admissions & Education for approval.

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For over 30 years, C5 Group has proVided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities. Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.