15th Annual Law of Policing Conference: Western Edition - DS

The must-attend policing event for in-house counsel and professional standards officers

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western edition

15th Annual

LAW OF POLICING CONFERENCE

November 6 & 7, 2024 Delta Hotels Burnaby Conference Centre, Burnaby, BC

The leading event on the most critical challenges affecting legal counsel and professional standards officers in law enforcement.

Conference Co-Chairs Robert Fenton, K.C.

Director, Legal Services Calgary Police Service

EARN CPD HOURS

2024 Agenda Highlights Civilian Oversight: Priorities for Improving Police Accountability and Public Accessibility

Intersection of AI in Police Investigations and Breach of Public Trust Law

Prabhu Rajan

Christopher Hinkson

Police Complaint Commissioner Office of the Police Complaint Commissioner, BC

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

Chief Justice, (Ret.) B.C. Supreme Court

With Participation From: Superintendent Alison Laurin

CFSEU_BC Vancouver Police Department

Exhibitor

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British Columbia Crown Counsel Association

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Office of the Police Complaint Commissioner

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Calgary Police Service

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RCMP

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City of Grande Prairie

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RCMP External Review Committee

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Edmonton Police Service

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Restorative Justice Association of BC

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Grande Prairie Police Service

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Simon Fraser University

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Independent Investigations Office of BC

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Surrey Police Service

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Justice Institute of British Columbia

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Vancouver Police Department

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Kwantlen Polytechnic University

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Victoria Police Department

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National Police Federation

CanadianInstitute.com/PoliceWest • 1 877 927 7936

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It was a great conference with a wide variety of relevant topics discussed throughout, including the workshops.

Thank you for your work in putting this together!

OUR AUDIENCE AT-A-GLANCE

John Corbett Camrose Police Service

It was very well organized.

A good variety of obviously knowledge presenters. Topics were interesting.

Venue was great.

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Law Enforcement Professionals & In-House Legal Counsel

Excellent experience, mixture of presenters.

Panel discussion was engaging.

Gurmakh Parmar, Inspector RCMP Surrey

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EARN CPD LEGAL ACCREDITATION HOURS

This 2-day conference program can be applied towards 9 of the 9 substantive hours, plus 1 hour of professionalism credits of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 3 additional substantive hours for attending each 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.

LEGEND

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Michael Sondermann, Manager of Human Relations Tsuut’ina Nation Police Service

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WHO SHOULD ATTEND • Police Commissioners, Chiefs, Superintendents, and their Counsel • Professional Standards • Directors and Investigators • Executives of Police Associations and their Counsel • Senior Law Enforcement Officers • Police Discipline Adjudicators • Criminal Law Practitioners • Crown Attorneys • Members of the Plaintiff Bar • City Solicitors • Government Policy Drafters

Meet Our Speakers CONFERENCE CO-CHAIRS Robert Fenton, K.C.

Director, Legal Services Calgary Police Service

R. Kyle Friesen, O.O.M.

General Counsel, Legal Services Surrey Police Service

Superintendent Alison Laurin CFSEU_BC Vancouver Police Department

DISTINGUISHED FACULTY Dr. Alana Abramson, Ph.D. (she/her)

Inspector Colin Brown

Jess Maclean (She/Her)

Adam Dalrymple

Teresa Magee

Executive Service Division Victoria Police Department President British Columbia Crown Counsel Association

Rob Farrer

Jamie Freeman

John McNamee

City Solicitor, Legal & Risk Management Department City of Grande Prairie

Martin Allen

Legal Counsel & Risk Manager Delta Police Department

Legal Advisor Vancouver Police Department

Jessica Berglund

Chief Civilian Director Independent Investigation Office of BC

Inspector S.K. (Sunny) Bhangu Officer in Charge, "E" and “M” Division Professional Responsibility Unit RCMP

Galib Bhayani M.O.M., MSM Chief Safety and Risk Officer Simon Fraser University (Ret.) Chief Supt.

RCMP

S/Sgt Jennifer Blizard

Advisory NCO to the Officer In Charge Career Development Resourcing Services E Division RCMP

Steven M. Boorne Lawyer HHBG Lawyers

Sgt. Mark McKinnell, M.O.M Delta Police Department President Delta Police Association

Inspector Phil Heard

Simon Authier

Legal Counsel Edmonton Police Service

Vice-President National Police Federation

Faculty, Department of Criminology Kwantlen Polytechnic University Co-chair, Restorative Justice Association of BC General Counsel Independent Investigations Office of BC

Director, Campus Security Services University of Victoria

Chief Legal Officer BC Coroners Service

Katherine Murphy

Organized Crime Section Vancouver Police Department

Legal & Regulatory Services Division, Executive Director Calgary Police Service

Volker Helmuth

Cindy Peters

Christopher Hinkson Chief Justice (Ret.) B.C. Supreme Court

Erin Hobday

Legal Counsel Independent Investigations Office BC

Sergeant Krista Hovde

E Division Legal Application Support Team (LAST) RCMP

Louise Kenworthy K.C.

Crown Counsel Prosecution Service of BC

Dwayne Lakusta

Chief of Police Grande Prairie Police Service

Norm Lipinski, O.O.M., LL.B., M.B.A. Chief Constable Surrey Police Service

Insp. Lyndsay O’Ruaic M.O.M. Accredited Team Commander, OIC Behavioural Sciences Group, EDIV Major Crimes RCMP

Senior Crown Counsel Public Prosecution Service of Canada

Prabhu Rajan

Police Complaint Commissioner Office of the Police Complaint Commissioner

Charles Randall Smith Chairperson RCMP External Review Committee

Vince Stancato

Deputy Chief Coroner BC Coroners Service

Mary Teegee

Executive Director, Child and Family Services Carrier Sekani Family Services President BC Aboriginal Child Care Society

Supt. Derek Thibodeau

Officer in Charge, Career Development Resourcing Section RCMP “E” Division

Caroline Verner

General Counsel and Director of Operations RCMP External Review Committee

David G. Butcher K.C.

Partner Wilson Butcher Barristers

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Pre-Conference Workshops

WORKSHOPS ARE IN-PERSON ONLY

November 5, 2024

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

Workshop A: 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 speakerprepared reference materials for your work after the conference.

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

Inspector S.K. (Sunny) Bhangu

Sgt. Mark McKinnell, M.O.M

Delta Police Department President, Delta, Police Association

Officer in Charge, "E" and “M” Division Professional Responsibility Unit RCMP

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

» Validating the complaint

• Best practices for “no contact provisions”

» Gauging the level of severity

• Addressing specific challenges for employees under probation

» Performance actions taken against the officers

• Determining the threshold for dismissal

» 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

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Part III: Action Items • How can the role of a police agency as a customer service provider reduce complaints?

• Triaging workplace complaints against a police employee

• What role can public education campaigns and community policing initiatives play in reducing complaints?

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

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

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

Workshop B: Y our Guide to Searches & Seizures: Staying within the Parameters of the Charter and How to Operate under Stricter Court Procedures This 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:

Sergeant Krista Hovde

E Division Legal Application Support Team (LAST) RCMP

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Louise Kenworthy K.C.

Crown Counsel Prosecution Service of BC

Part I: Production Orders and Search Warrants

Part III: Bill S-4

• The scope of the expectation of privacy for search and seizure

• Clarifying the changes to Criminal Code procedures for obtaining judicial authorizations through phone (old telewarrants) and the new notice requirements

• Clarifying 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

• 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

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 * Lunch will be provided to delegates attending the morning and afternoon workshops.

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Main Conference Day One November 6, 2024 PST 7:45 a.m.

Registration and Breakfast

9:00 a.m.

Opening Remarks from the Co-Chairs

Robert Fenton, K.C.

Director, Legal Services Calgary Police Service

R. Kyle Friesen, O.O.M.

General Counsel, Legal Services Surrey Police Service

Superintendent Alison Laurin CFSEU_BC Vancouver Police Department

9:15 a.m.

The Present and Future of Note Taking: Examining Evolving Case Law Compelling an Officer

to Take Notes and When Notes Can Be Used Against an Officer (and to What Extent)

This session will contrast how police notetaking is addressed across varying provincial laws, including when an officer is compelled to take notes, if the notes can be used in investigations against the officer, and if so, how and when the notes be used against the officer. Speakers will also address the nuances between notes taken in the course of a call for service compared to notes made following an incident, and statements made to an investigator.

• The scope of a police officer’s duty to assist (or not assist) an external investigation • Case law analysis will include: » Supreme Court. 2024 QCCA537, Procureur General du B c federation du Policier » BC Coroners Service 2023 inquest into the death of Myles Thomas Gray » Wood v. Schaeffer 2013 SCC 71 (CanLII)

Inspector Colin Brown

Executive Service Division Victoria Police Department

Martin Allen

General Counsel Independent Investigations Office of BC

David G. Butcher K.C.

Partner Wilson Butcher Barristers

» R. v. Schertzer, [2007] O.J. NO. 3560, 2007 CanLII 38577 (ON SC) » R. v. Calleja, 2012 ONCJ 868, 2012 CarswellOnt 17492 (Westlaw), [2012] O.J. No. 6527 (QL) » R. v. Sandhu, 2015 ONSC 1679

10:15 a.m. Networking Break

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Main Conference Day One 10:45 a.m. The Role of Police in Enforcement amid the Re-Criminalization of Drugs in BC In May 2024, the federal government approved the B.C. Government’s request to recriminalize the use of illicit drugs in public places, less than a year into the pilot program. The exemption allowed adults to carry up to 2.5 grams of drugs for personal use without facing criminal charges under Health Canada’s Controlled Drugs and Substances Act.

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Inspector Phil Heard

Organized Crime Section Vancouver Police Department

• Clarifying the role of police amid recriminalization of illicit drug use in public places • Delineating between public consumption of drugs versus private • Balancing mental health treatment with the power of enforcement • Identifying what data is available and the necessary data on substance use and safe supply diversion

11:30 a.m. Civilian Oversight: Priorities for Improving Police Accountability and Public Accessibility Prabhu Rajan

Police Complaint Commissioner Office of the Police Complaint Commissioner

Jessica Berglund

Chief Civilian Director Independent Investigation Office of BC

12:15 p.m. Networking Luncheon for Speakers and Delegates

1:30 p.m.

Tribunal Delays: Dealing Effectively with Internal Complaints and Overcoming Institutional Delays S

During this session, delegates will hear how the RCMP External Review Committee is now using a system for prioritizing and processing internal complaints. This session will also address institutional delays with a look at Bedard v. Canada (Attorney General), 2024 FC 570 (CanLII).

Charles Randall Smith

Chairperson RCMP External Review Committee

Caroline Verner

General Counsel and Director of Operations RCMP External Review Committee

2:00 p.m.

A Closer Look at the Transition to Municipal Policing in BC and Alberta

In November 2024, Surrey Police Service is due to become the official police jurisdiction for the City of Surrey, a transition from federal to municipal policing. This session will look at both Surrey Police Service and the new Grand Prairie Police Service in Alberta.

• Lessons learned from the process of launching a new municipal police service and the differences between Surrey and Grande Prairie • Analyzing the intent of the new service and how the leadership proposes to fulfill its mandate • Examining how legislation and bylaws are allowing for the change in jurisdiction • Initiatives for recruitment and retention

S Jamie Freeman

City Solicitor, Legal & Risk Management Department City of Grande Prairie

Dwayne Lakusta

Chief of Police Grande Prairie Police Service

Norm Lipinski, O.O.M., LL.B., M.B.A. Chief Constable Surrey Police Service

R. Kyle Friesen, O.O.M.

General Counsel, Legal Services Surrey Police Service

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Main Conference Day One 3:00 p.m.

Networking Break

3:15 p.m.

HYPOTHETICAL SCENARIOS

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Protests and Bomb Threats: Revisiting the Role of Police on Campus and Collaborating with University Chief Safety Risk Officers • Procedures to address large-scale events that could become violent such as convocation, protests and encampments: When are police wanted and needed on campus • Information sharing between the university, the city and the police, and when do you need a production order • When does academic freedom transcend safety and vice versa

Galib Bhayani M.O.M., MSM Chief Safety and Risk Officer Simon Fraser University (Ret.) Chief Supt.

RCMP

Jess Maclean (She/Her)

Director, Campus Security Services University of Victoria

4:00 p.m.

• Identifying which cases are appropriate for criminal actions versus restorative action • Comparing crown perspectives versus police perspectives for laying charges, and when alternate measure is appropriate • Determining whether sexual assault cases are successfully resolved through a restorative justice initiatives • Criminal Code amendments and disclosure obligations • Applying for private records • Ethical techniques to interviewing sexual assault complainants and lessons learned from R. v. Ghomeshi, (2016) ONCJ • Identifying problems with a complainant’s statement and when an officer can decide not to accept the complaint’s statement

5:00 p.m.

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The Verdict on Criminal vs. Restorative Justice in Sexual Assault Cases

Closing Remarks from the Co-Chairs

Dr. Alana Abramson, Ph.D. (she/her)

Faculty, Department of Criminology Kwantlen Polytechnic University Co-chair, Restorative Justice Association of BC

Adam Dalrymple

President British Columbia Crown Counsel Association

Insp. Lyndsay O’Ruaic M.O.M. Accredited Team Commander, OIC Behavioural Sciences Group, EDIV Major Crimes RCMP

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Main Conference Day Two November 7, 2024 PST 8:00 a.m.

EARLY RISER: Recruitment and Retention

Join this early riser session for an interactive discussion on police strategies for recruitment and retention from the organization to micro level.

• Overcoming recruitment challenges and combating public perceptions • Embedding learning, talent, career mobility and development into organizational strategies • Administering one-on-one conversations to keep employees engaged • Interacting with officers in crisis, and officers facing complaints and disciplinary action • Incorporating Equity, Diversity and Inclusion in the organization • Addressing onboarding and training hurdles

S/Sgt Jennifer Blizard

Advisory NCO to the Officer In Charge Career Development Resourcing Services E Division RCMP

Supt. Derek Thibodeau

Officer in Charge, Career Development Resourcing Section RCMP “E” Division

• Effective strategies for retention

8:55 a.m.

Opening Remarks from the Co-Chairs

9:00 a.m.

The Intersection of AI in Police Investigations and Breach of Public Trust Law

• Ensuring that confidential or personal information of citizens is treated with integrity • Delineating when it is ethical to use personal information for AI inputs – right to privacy versus public safety

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Christopher Hinkson Chief Justice (Ret.) B.C. Supreme Court

• Determining how to fence data for specific purposes and ensuring it is not accessed for inappropriate purposes • When AI uses are inappropriate, who is at fault and what does professional negligence look like in the AI context • What can be predicted via AI and how will it be used for investigations • Ensuring a human being will oversee, validate and corroborate AI data and usage • How can counsel use AI, and assess evidence derived from AI

10:00 a.m. Hypothetical Scenarios & Live Polling:

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Evolving Case Law in McNeil Disclosure and Expungement

This session will look at the Supreme Court of Canada’s decision in R. v. McNeil (2018), which addresses the disclosure of a police employee’s misconduct and Crown Counsel’s Duty to Make Reasonable Inquiries.

Robert Fenton, K.C.

• Examining the breadth and depth of McNeil disclosure as it pertains to sworn and civilian members

Teresa Magee

Director, Legal Services Calgary Police Service

• Debating when expungement is relevant and when officer misconduct becomes irrelevant due to the passage of time, with a look at recent case law including R. v. McKee (2023) ABKB 698

Legal Counsel Edmonton Police Service

• Balancing a police member’s privacy versus police transparency

Cindy Peters

Senior Crown Counsel Public Prosecution Service of Canada

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Main Conference Day Two 11:00 a.m. Networking Break 11:15 a.m.

Deaths in Custody – Prevention and Liability

Deaths in custody are at a 10-year high in prisons, according to a report by the British Columbia Coroners Service. It is estimated that 71 percent of all accidental deaths are due to unregulated drug toxicity.

Rob Farrer

This session will address best practices to prevent in-custody deaths in a police setting and the liability that flows from these deaths, including:

Erin Hobday

• Examining best practices employed by police agencies for housing prisoners • Considering criminal liability following a death in custody incident, including organizational liability • Discussing an officer’s duty to record the call for service vs. self-incrimination • Assessing the training gap for police officers, and considering whether police should have medical training • Debating when someone should (or should not) be in custody • Examining recommendations from BC Coroner’s inquests

Vice-President National Police Federation Legal Counsel Independent Investigations Office BC

Vince Stancato

Deputy Chief Coroner BC Coroners Service

John McNamee

Chief Legal Officer BC Coroners Service

12:15 p.m. Networking Luncheon 1:15 p.m.

Evolving Workplace Harassment Case Law-and The Practical Implications

• Conducting an effect investigation • Legal obligations to investigate and assessing credibility • Case law review including, Metrolinx v. Amalgamated Transit Union Local 1587 (2024)

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Steven M. Boorne Lawyer HHBG Lawyers

Katherine Murphy

Legal & Regulatory Services Division, Executive Director Calgary Police Service

2:15 p.m. Drones as Investigative Tools and the Legal Implications –

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from Ethics and Privacy to Search and Seizure

• When drones can be used for investigative tasks and when it becomes search and seizure under the Criminal Code • Determining when a warrant is needed, when a drone can be used, and for what purpose, from “eyes on the scene” to evidence being used in court • Examining a person’s resealable expectation of privacy in the context of a drone’s capability • Comparing Section 8 of the Criminal Code, Surveillance, as it pertains to crowd control and assessing threat

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Simon Authier

Legal Advisor Vancouver Police Department

Volker Helmuth

Legal Counsel & Risk Manager Delta Police Department

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Main Conference Day Two 3:15 p.m.

National Perspectives: Police Role in Supporting Indigenous Child Welfare Laws

The Supreme Court of Canada declared the federal law that gives control of child welfare services to First Nations, Inuit and Métis nations as constitutional in a February 2024 decision. This comes on the heels of the federal government’s Bill C-92, An Act Respecting First Nations, Inuit and Métis children, youth and families which gives control of child welfare services to individual communities.

• The role of police in applying federal law

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Mary Teegee

Executive Director, Child and Family Services Carrier Sekani Family Services President, BC Aboriginal Child Care Society

• Comparing how the law will vary from nation to nation, and what that means for police services • How the law will affect family court proceedings

3:45 p.m.

Closing Comments from the Co-Chairs

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Venue Information

Delta Hotels Burnaby Conference Centre 4331 Dominion Street, Burnaby, BC, V5G 1C7 Phone: 604-453-0750 ACCOMMODATIONS The Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “CI’s Law of Policing West”.

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Please note that the guest room block cut-off date is October 8, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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CONFERENCE CO-CHAIRS

Patricia Harden Head of Sanctions Miyuki Johnson VP, Manufacturing

Robert Fenton, K.C. Director, Legal Services Calgary Police Service

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

Superintendent Alison Laurin CFSEU_BC Vancouver Police Department

Mark Parrish, Canadian Institute

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Pre-Conference Workshops (In-Person Only) A: Employee Performance and Discipline Investigations B: Your Guide to Searches & Seizures

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