16th Annual Law of Policing East - DS

EARN CPD HOURS

Bringing together professional standards, in-house counsel and police leaders

May 14–15, 2025 Sandman Signature Mississauga Hotel

16TH ANNUAL

LAW OF POLICING CONFERENCE EASTERN EDITION Canada’s Most Practical, In-Depth Conference on Critical Policing Law Issues

Featured Speakers: Stuart Betts

Chief of Police Peterborough Police Service

Rhonda Blackmore

Assistant Commissioner RCMP Saskatchewan

Mike Federico

Vice President Coalition of Canadian Police Reform

Benchmark with Expert Faculty From: Canadian Armed Forces

Peterborough Police Service

Kingston Police Service

Public Prosecution Service of Canada

Law Enforcement Complaints Agency (LECA)

RCMP External Review Committee

Ministry of the Solicitor General

Surrey Police Service

National Police Federation

Toronto Police Service

Ontario Tech University

University of Toronto

Ottawa Police Association

York Regional Police

Don’t Miss Practical, Intensive Pre-Conference Workshops on May 13th: WORKSHOP A A Practical Guide to Employee Performance and When to Escalate to a Discipline Investigation

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WORKSHOP B

The Ins and Outs of Addressing Employee Accommodation and Return-to-Work

CanadianInstitute.com/PoliceEast • 1 877 927 7936

Part of C5 Group’s NATIONAL SECURITY CONFERENCE PORTFOLIO

Speaker Faculty CONFERENCE CO-CHAIRS Sergeant Amar Gosal

Professional Standards Unit (PSU) Royal Canadian Mounted Police (RCMP)

Chris Kirkpatrick

Deputy Chief of Police Durham Regional Police Service

DISTINGUISHED FACULTY Christine Ashcroft

General Counsel Department of Justice

Surinder S. Aujla

General Counsel, Ontario Regional Office Public Prosecution Service of Canada

Gary A. Bennett

Partner GAB Law Firm

Stuart Betts

Chief of Police Peterborough Police Service

Rhonda Blackmore

Assistant Commissioner RCMP Saskatchewan

Lisa Bianco, M.O.M.

Chief Administrative Officer Ottawa Police Association

Dr. David Cameron

Regional Supervising Coroner – Inquests, Office of the Chief Coroner and Ontario Forensic Pathology Service Ministry of the Solicitor General, Ontario Public Service

Mattison Chinneck

Lawyer Filion Wakely Thorupt Angeletti LLP

Rob Farrer

Vice-President National Police Federation

Mike Federico

Vice President Coalition of Canadian Police Reform

Jason D. Fraser

General Counsel, Legal Services York Regional Police

R. Kyle Friesen, O.O.M.

Barrister and Solicitor, General Counsel, Legal Services Surrey Police Service

Carla Goncalves

Deputy Director Law Enforcement Complaints Agency (LECA)

Brigadier-General Vanessa Hanrahan

Canadian Forces Provost Marshal Canadian Forces Military Police Group

AJ Iafrate

Law Enforcement & Government Relations Kodex Global

Lauren Katz

Counsel Ministry of the Solicitor General

Pamela Machado

Barrister & Solicitor Machado Law Professional Corporation

Staff Sergeant Mario Mastropieri

Operations Division – Secondment, Ministry of Public Safety & Solicitor General Vancouver Police Department

Inspector Joseph Matys

Specialized Criminal Investigations – Hold Up Toronto Police Service

Kim Motyl

Chief Counsel, Office of the Chief Coroner and Ontario Forensic Pathology Service Ministry of the Solicitor General, Ontario Public Service

LCdr/ Capc Jordan Premo

Legal Advisor to the Strategic Joint Staff, Directorate of Strategic & Operational Law, Office of the Judge Advocate General Canadian Armed Forces

Mj. David Quayat

Senior Crown Counsel Public Prosecution Service Canada

Sgt. Craig Reynolds

Vancouver Police Department

Dr. Peter Shipley, M.O.M.

Assistant Director Operations, Campus Safety Special Constable Service University of Toronto

Alex Sinclair

Partner Hudson Sinclair LLP

Brennagh Smith

Crown Counsel Department of Justice

Caroline Verner

General Counsel and Director of Operations RCMP External Review Committee

Kathy Washington

Investigator Toronto Police Association Former D/Sgt., Professional Standards, Toronto Police Service

Morgan White

Labour Relations Officer, National Police Federation

Colin Woods

President Thunder Bay Police Association

K.C. Wysynski

Ivy Nanayakkara

General Counsel Hamilton Police Association

Dr. Barbara Perry

Senior Crime Analyst Vancouver Police Department

Unit Commander, Wellness Unit Toronto Police Service Faculty of Social Science and Humanities Ontario Tech University

Arezo Zarrabian

Michelle Zare

Paralegal Zare Paralegal Services Professional Corporation

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Who

Should

Attend

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Police Chiefs, Deputy Chiefs, Sheriffs, and their Counsel

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Police Commissioners

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Professional Standards Investigators

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Executives of Police Associations and their Counsel

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Police Discipline Adjudicators

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Criminal Law Practitioners

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Government Policy Drafters

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Government Attorneys

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Members of the Plaintiff Bar

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Police Service Board Members

Streamline Police Standards with FIS FIS delivers a modern, secure software platform for managing police complaints, conduct, and investigations—offering workflow tools, audit trails, multi-force collaboration, and over 60 built-in reports. Designed for professional standards teams since 1992.

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EARN CPD Hours

This 2-day conference program can be applied towards 8 of the 9 Substantive hours of annual Continuing Professional Development (CPD), plus 1 Professional hour as required by the Law Society of Ontario. Members will also receive an additional 3 Substantive hours for attending pre-conference Workshop A and 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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May 13, 2025

Very well-organized conference.

Good variety of topics and speakers, yet all relevant to our work.

PRE-CONFERENCE WORKSHOPS

Legal Counsel, Calgary Police Service

WORKSHOP A 8:30 a.m. – 12:00 p.m. (Registration opens at 8:00 a.m.)

A Practical Guide to Assessing Employee Performance and When to Escalate to a Discipline Investigation 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.

Alex Sinclair

Partner Hudson Sinclair LLP

Part I: Taking Stock of Emerging Complaints Analyzing the most common complaints against officers, including: • Validating the complaint

• Performance actions taken against the officers

• Gauging the level of severity

• Actions communicated to the complainant and/ or general public

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Kathy Washington

Investigator Toronto Police Association Former D/Sgt., Professional Standards, Toronto Police Service

Part II: Triaging Complaints Conducting a disciplinary investigation under the provinces’ respective Police Service Act and Police Act • Triaging workplace complaints against a police employee

• Best practices for “no contact provisions”

• Actions to resolve employee conflicts and/or performance challenges internally

• Examining specific challenges for employees under probation

• Examining the threshold for escalating a performance challenge to a discipline investigation

• 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 and community policing initiatives play in reducing complaints?

• Assessing the correlation between training initiatives and a reduction in complaints

WORKSHOP B 1:00 p.m. – 4:30 p.m. (Registration opens at 12:30 p.m.)

The Ins and Outs of Addressing Employee Accommodation and Return-to-Work Attend this workshop to gain a complete, updated roadmap to addressing enduring grey areas and dilemmas – and how to ensure that your policies are in line with Charter and other legal considerations.

The Scope of the Duty to Accommodate • The lengths and limits of the duty to accommodate: Key and recent case law-and their practical implications • Determining when a task is a BFOR – and when it is not: Concrete examples • The role of the employer versus the union in the accommodation process • Managing the costs of accommodation • Addressing poor performance, discipline issues and patterns of negative behaviour when mental health is a consideration

Managing Operations • Assessing stress leave entitlement in the absence of mental/physical disability diagnosis • Accommodating employees with mental health leave, sick leave and parental leave

Ivy Nanayakkara

Unit Commander, Wellness Unit Toronto Police Service

Inspector Joseph Matys

Specialized Criminal Investigations – Hold Up Toronto Police Service

Michelle Zare

Paralegal Zare Paralegal Services Professional Corporation

• Accessing medical and other documentation: How far you can go in communicating with the employee, the union, legal counsel, medical professionals, and insurance companies • Providing adequate support during internal investigations

• Determining how to accommodate physical and disabilities

Return-to-Work Strategies • Building tailored, employee-specific strategies versus a one-size-fits-all policy • Deciding if and when to move ahead with employee dismissals and transfers • Keeping employees on the job and in the workplace versus paid leave

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May 14, 2025 DAY ONE 7:30

Registration Opens and Refreshments Served

8:45

Opening Remarks from the Co-Chairs Sergeant Amar Gosal

Professional Standards Unit (PSU) Royal Canadian Mounted Police (RCMP)

9:00

I was very pleased with the whole thing. The speakers were all knowledgeable about their topics, and the topics were interesting and varied.

Legal Counsel, RCMP External Review Committee

Chris Kirkpatrick

Deputy Chief of Police Durham Regional Police Service

Keynote Address Brigadier-General Vanessa Hanrahan

Canadian Forces Provost Marshal Canadian Forces Military Police Group

9:30

Suspension Without Pay: Rethinking Disciplinary Action Amid the New Police Act

Ontario’s Community Safety and Policing Act (CSPA) came into effect April 1, 2024, bringing many changes including the ability for a chief to suspend an officer without pay. The circumstances for suspension without pay include when a police officer is convicted of an offence and sentenced to a term of imprisonment; and when a police officer is in custody or is subject to conditions of judicial interim release, or conditions imposed under section 499 of the Criminal Code (Canada), that substantially interfere with the officer’s ability to perform the duties of a police officer.

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Pamela Machado

Barrister & Solicitor Machado Law Professional Corporation

Colin Woods

President Thunder Bay Police Association

During this session, topics will include: • Exploring the threshold for suspension without pay and the chief’s discretion • Factors that are taken into account and how they are applied in practice

• Determining the threshold for invoking a suspension without pay, and what are the cases that would warrant this measure • Mitigating the risk of wrongful dismissal liability • Examining what legal counsel can (and cannot) do under the new law • Balancing the cost of a forced resolution: a guilty plea versus getting fired

10:30

Networking Refreshment Break

10:45

Charter Rights and Civil Disobedience – Part One: Encampments and Examining Police and Legal Authority

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• Determining jurisdiction: Who is responsible for maintaining the peace on park land and city property

• The role of police, and police resistance to be involved in clearing encampments

Dr. Peter Shipley, M.O.M.

• Analyzing when to use the Trespass Act and when to file an injunction

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CanadianInstitute.com/PoliceEast • 1 877 927 7936

R. Kyle Friesen, O.O.M.

Barrister and Solicitor, General Counsel, Legal Services Surrey Police Service

• Examining the public’s Right to Assembly and to use public spaces versus the municipality’s duty to provide space for public use

Assistant Director Operations, Campus Safety Special Constable Service University of Toronto

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Professionalism Credit Substantive Credit

Part of C5 Group’s NATIONAL SECURITY CONFERENCE PORTFOLIO

May 14, 2025 DAY ONE 11:30

Search and Seizure and Privacy Rights in the Digital Age: Cellphone, IP Address and Solicitor-Client Privilege

• Clarifying the expectation of privacy attached to a person’s cellphone text messages with a look at the Supreme Court of Canada's decision in R. v. Campbell (2024) • The scope of solicitor-client privilege as it pertains to searching personal mobile devices • Determining what additional steps police need to take to obtain a search warrant • Updates on the reasonable expectation of privacy with respect to IP addresses, with a look at the SCC decision in R. v. Bykovets (2024) • Ensuring the data can be searched, and dissecting R. v. Cuffie (2020): A look at whether the Crown’s disclosure of non-searchable PDF constitutes meaningful disclosure

12:30

Networking Luncheon for Speakers and Delegates

1:30

Cross-Country Perspective on Coroner’s Inquests

Following the Covid Pandemic, there continues to be a backlog of coroner’s inquests.

During this panel, speakers will cover key topics, including: • Exploring the process and impact of in-person versus virtual inquests • Determining when and how partner agencies should participate, including the role of the police service, the police board and civilian oversight • Dissecting decisions and recommendations, and how they can be interpreted • Addressing sensitivities for witnesses, including police officers who have to testify

2:30

P Surinder S. Aujla

General Counsel, Ontario Regional Office Public Prosecution Service of Canada

Jason D. Fraser

General Counsel, Legal Services York Regional Police

S Kim Motyl

Christine Ashcroft

Chief Counsel, Office of the Chief Coroner and Ontario Forensic Pathology Service Ministry of the Solicitor General, Ontario Public Service

General Counsel Department of Justice

Dr. David Cameron

Regional Supervising Coroner – Inquests, Office of the Chief Coroner and Ontario Forensic Pathology Service Ministry of the Solicitor General, Ontario Public Service

Brennagh Smith

Crown Counsel Department of Justice

Responding to Harassment Complaints in the Workplace – from Investigation to Possible Escalation

• What is a Police Act issue and what is a Human Resources issue, and how to consider civilian employees versus sworn members • Contrasting the Police Act with the Occupational Health and Safety Act (OHSA) • Responding to complaints: Techniques and methods • The scope of the legal obligation to investigate

S Lisa Bianco, M.O.M.

Chief Administrative Officer Ottawa Police Association

K.C. Wysynski

General Counsel Hamilton Police Association

• The finer points of assessing credibility • Active appeals amid a McNeil disclosure • Case law review including, Metrolinx v. Amalgamated Transit Union Local 1587 (2024)

3:15

Networking Refreshment Break

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May 14, 2025 DAY ONE 3:30

S HYPOTHETICAL SCENARIOS and INTERACTIVE POLLING: Officer Accommodation, Return-to-Work Policy and Legal Implications for the Union and Employers

• Analyzing disability and family status

Gary A. Bennett

• New, emerging case law trends

Partner GAB Law Firm

• Applying the Moore test for disability management • Determining what satisfies the duty to accommodate – and what doesn’t

Morgan White

• Providing adequate support during internal investigations

Labour Relations Officer, National Police Federation

• Appropriate actions for employee dismissals and transfers

4:15

Reducing the Risk of Exposure and Liability by Standardizing Training

• Examining how police departments face increased legal exposure

Mike Federico

• Exploring how nationwide standardized procedures of governance could be implemented, and the impact on policing • What is (and isn't) needed for policing education and when and how to update training

Vice President Coalition of Canadian Police Reform

• Addressing resistance to training and fostering engagement • Connecting police education to statistics and offender recidivism • Responding to conduct issues: How long does it take to get a candidate to respond to discipline and performance training

5:00

Closing Remarks from the Co-Chairs

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May 15, 2025 DAY TWO 8:30

Registration Opens and Refreshments Served

9:00

Remarks from the Co-Chairs

9:05

Keynote Address: Police Culture Changemaker

Great experience overall.

Appreciated the different points of view represented by the different speakers on such a variety of topics.

Lieutenant, Canadian Forces National Defence

Stuart Betts

Chief of Police Peterborough Police Service

9:30

Transitioning Public Complaints under the New Ontario Police Act: How Police Codes of Conduct and Complaint Management Are Now Being Addressed

Part One: Codes of Conduct Changes • Determining what is now classified as misconduct • Safeguarding the health and safety of a person in custody • Encompassing peace officers in Codes of Conduct • Satisfying the duty to report misconduct

Part Two: Growing Pains of Addressing Public Complaints under the New Act • Handling legacy cases under the old Act and transitioning to the new process

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Carla Goncalves

Deputy Director Law Enforcement Complaints Agency (LECA)

Mattison Chinneck

Lawyer Filion Wakely Thorupt Angeletti LLP

• Examining the new disclosure requirements, and what is now covered by statutory privilege • Determining who has jurisdiction over the complaint investigation and hearing

Part Three: Confidentiality Surrounding Unit-Level Discipline • What can now be made public and is open for cross-examination during trial • Addressing an officer’s reputational risk

10:30

Networking Break

10:45

“Project Barcode” Case Study: Behind the Scenes of Combating Retail Theft and Violence in Vancouver and the Lessons Learned

Hear how Vancouver Police Department responded to a 260% increase in retail thefts involving weapons in 2021, with the initiative Project Barcode. This session will explore why there has been a national increase in retail thefts, why they have become more violent, and what police are doing to combat them.

• Examining the Project Barcode initiative, and how it was planned to address retail theft • The outcome and impact of Project Barcode • Coordinating with business partners about financial loss and employee safety • Identifying the scope of retail theft, and how and why there has been an increase • Coordinating with all levels of government

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Staff Sergeant Mario Mastropieri

Operations Division – Secondment, Ministry of Public Safety & Solicitor General Vancouver Police Department

Sergeant Craig Reynolds

Vancouver Police Department

Arezo Zarrabian

Senior Crime Analyst Vancouver Police Department

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May 15, 2025 DAY TWO 11:30

Consequences of Judicial Findings and an Officer’s Court Testimony

This session will examine how an officer’s testimony, and a subsequent, unfavorable court judgement can impact the officer’s career, reverberate through the police department and impact police culture.

Discussion topics will include the legal and operational ways forward, including: • Unpacking the broad effect of an unfavourable judgement

S Mj. David Quayat

Senior Crown Counsel Public Prosecution Service Canada

• Determining what action the police department takes, whether there is an investigation, disciplinary action, and the ramifications on the department when action is not taken • Analyzing when there has been prior discreditable conduct, and whether it can be raised in a different judicial proceeding

12:15

Networking Luncheon for Speakers and Delegates

12:15–12:30

DEMO Production Orders Portal for Law Enforcement and Community Partners

Free access for law enforcement! See how the Kodex platform can be used for subpoenas, production orders and other data request by facilitating centralized intake for multiple partners, including data companies, the sharing economy, financial institutions and more.

1:15

Interview: Evolving Deployment Models

This session will delve into the changing landscape and changing deployment models affecting policing in Canada.

1:45

AJ Iafrate

Law Enforcement & Government Relations Kodex Global

Rhonda Blackmore

Assistant Commissioner RCMP Saskatchewan

Safety, Security and Coordinating the G7 Summit in Alberta this June: Requests for Military Assistance by Civilian Agencies

Hear how military and civilian police are coordinating in advance of the 51st G7 Summit in Kananaskis, Alberta, in June 2025. 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.

Topics will include: • What legal framework governs requests for military assistance?

• Authorities relied on by the Canadian Armed Forces to conduct military operations within Canada

LCdr/ Capc Jordan Premo

Legal Advisor to the Strategic Joint Staff, Directorate of Strategic & Operational Law, Office of the Judge Advocate General Canadian Armed Forces

• Which process applies to requests for military assistance?

• Which legal tests apply to these requests?

• Which forms of assistance can and cannot be provided by the Armed Forces?

2:30

Networking Refreshment Break

2:45

Charter Rights and Civil Disobedience – Part Two: Protests, Labour Strikes, Public Demonstrations and the Role of Police

Protests across Canada continue with increased frequency and violence, with more charges being laid following violent anti-NATO protests in Montreal in January 2023, violence at a Brampton Hindu temple and more.

• Protecting the right to peaceful demonstrations, protests and assembly • Warning signs to flag: Anticipating when peaceful demonstrations will turn violent, and responding appropriately • Balancing the freedom of self-expression vs. upholding requirements governing hate speech, and responding appropriately

S Lauren Katz

Counsel Ministry of the Solicitor General

Dr. Barbara Perry

Faculty of Social Science and Humanities Ontario Tech University

• Evaluating what is and isn’t safe Planning in advance of protests and issuing safety parameters • Determining who has jurisdiction and what actions can be taken under what authority • Identifying situations that could escalate to judicial proceedings

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May 15, 2025 DAY TWO 3:30

Legal Ramifications of Off-Duty Conduct: Examining Liability, Misconduct and Disciplinary Action in Connection With Social Events, Political Opinions and Beyond

• Identifying what constitutes “discreditable conduct” and how this is changing under the new Ontario’s Community Safety and Policing Act (2019) • Defining when an officer is a “police officer” with authority versus when they are a private citizen • Debating whether Charter Rights extend to police officers: Does an officer have Freedom of Self-Expression, etc.?

• What constitutes an unpermitted secondary activity • Examining the Federal Court ruling, RCMP Cst. Michael Muller, Kamloops • Lessons from the case of the Peel police officer suspended over Brampton protest

4:15

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Rob Farrer

Vice-President National Police Federation

Caroline Verner

General Counsel and Director of Operations RCMP External Review Committee

Closing Remarks from the Co-Chairs

Upcoming Events March 4 – 5, 2025 Mississauga Convention Center, ON

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November 2025 Vancouver, BC

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