12th Annual Law of Policing Conference Eastern Canada Edition - WEB

Canada’s must attend event for in-house police counsel and professional standards officers EARN CPD CREDITS

May 6–7, 2021 (EDT) | Virtual Conference

12TH ANNUAL

LAW OF POLICING CONFERENCE EASTERN CANADA EDITION Critical examinations of police reform and legal liability R. Kyle Friesen General Counsel, Legal Services Surrey Police Service Conference Chair

New for 2021

Fred Kaustinen Executive Director Ontario Association of Police Services Boards Conference Chair

Caret-right Analyzing Models for Partnering with Health Care Authorities: Compare Edmonton and Oregon police models

Hon. Marlène Jennings Former Member of Parliament Committee Member Comité consultatif sur la réalité policière/ Advisory Committee on Police Reality

Caret-right Live Q&A National Roundtable on Police Service Act Reform: Hear from Quebec, Ontario, Manitoba and Alberta

Caret-right Ensuring a Consistent Response when using De-Escalation and Use of Force Techniques: Gain control and de-escalation tactics Caret-right Measuring Personal and Organizational Liability in Duty of Care Investigations: Defining the legal obligation of a person or organization Caret-right Mitigating Liability on an Officer’s Personal Social Media Platform: What you can and can’t do, even off-duty

Dale McFee Chief of Police Edmonton Police Service

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CanadianInstitute.com/PoliceEast • 1 877 927 7936

This program contains 30 minutes of Professionalism Hour(s).

Part of C5 Group’s LEGAL GLOBAL SERIES

Police services are being scrutinized by incoming oversight legislation and an increasingly distrustful public. Strategic police reviews are happening across the country with an aim to better serve the public through operational and legislative reform.

The Canadian Institute’s 12th Annual Law of Policing Conference, Eastern Canada edition, will take place May 6 & 7, 2021. This year’s event will take an in depth look at some of the social movements that are demanding change in policing services, and the legal liability challenges that will arise from adapting to change. Take part in this virtual two-day event to discuss the most pressing challenges facing police services, police associations, police boards, peace officers, special constables and their counsel. Hear balanced and current discussions on following challenges: » NATIONAL ROUNDTABLE on POLICE SERVICE ACT REFORM

» Ensuring Evidence Management when Adopting Body-Worn Camera Technology

» THINK TANK Analyzing Models for Partnering with Health Care Authorities

» Enforcing the Federal Quarantine Act Covid-19 Pandemic Response Measures

» Ensuring a Consistent Response when using De-Escalation and Use-of-Force Techniques

» Primer on Employee Accommodation and Return-to-Work Policy

Join a distinguished and diverse faculty of speakers as they provide practical solutions and optimum tools for your organization.

Conference Co-Chairs 2021 R. Kyle Friesen General Counsel, Legal Services Surrey Police Service

2 | #PoliceLaw

twitter: @CI_Policing linkedin: The Canadian Legal Network

Fred Kaustinen Executive Director Ontario Association of Police Services Boards

FACULTY CONFERENCE CO-CHAIRS R. Kyle Friesen General Counsel, Legal Services Surrey Police Service (British Columbia) Fred Kaustinen Executive Director Ontario Association of Police Services Boards (Ontario)

DISTINGUISHED FACULTY Katherine Beaudoin Crown Counsel, Crown Law Office, Criminal Ministry of the Attorney General (Ontario) Michele Brady Solicitor, Legal Services City of Toronto (Ontario) Roger Brown Chief of Police Fredericton Police Force (New Brunswick) Gary R. Clewley Barrister and Solicitor Gary R. Clewley Legal Professional Corporation (Ontario) Derek A. Cranna Q.C. Partner Field Law (Alberta)

Fred Fischer Solicitor, Legal Services City of Toronto (Ontario) Davin Michael Garg Crown Counsel, Crown Law Office, Criminal Ministry of the Attorney General (Ontario) Carla Goncalves Deputy Director Office of the Independent Police Review Director (Ontario)

Chris Lynam Director General, National Cybercrime Coordination Unit RCMP Superintendent Phil Lue Director, National Critical Incident Program Royal Canadian Mounted Police (British Columbia) Dale McFee Chief of Police Edmonton Police Service (Alberta)

Lieutenant-Colonel Vanessa Hanrahan Canadian Forces Military Police Group

Staff Sgt. Mark McVicar Calgary Police Service Legal Counsel (Alberta) Mark Neufeld M.O.M. Chief Constable Calgary Police Service (Alberta)

John Hunter Senior Associate Borden Ladner Gervais (Ontario) Hon. Marlène Jennings Former Member of Parliament Committee Member Comité consultatif sur la réalité policière/Advisory Committee on Police Reality (Québec) Ken Kelertas Director, Legal Services Halton Regional Police Service (Ontario)

Jason Nicol Crown Counsel, Crown Law Office, Criminal Ministry of the Attorney General (Ontario) Jill R. Presser Presser Barristers (Ontario) Caryma Sa’d Lawyer Law Office of Caryma Sa’d

Bryan Larkin Chief of Police Waterloo Regional Police Service (Ontario)

Ian Scott Former Director, Ontario Special Investigations Unit Barrister & Solicitor Law Office of Ian Scott (Ontario)

Who Attends

Danny Smyth Chief of Police Winnipeg Police Service (Manitoba) Mathieu St-Germain Legal Counsel, Real Time Operations Centre (RTOC) Calgary Police Service (Alberta) Sergeant Sam Tease National Police Intervention Royal Canadian Mounted Police (Ontario) Zane Tessler Executive Director Independent Investigations Unit (Manitoba) Insp. Peter Tsui Officer in Charge of Operational Readiness and Response COVID Pandemic Silver Commander E-Division - Royal Canadian Mounted Police Kristie Verheul Staff Sergeant, Court and Disclosure Unit, Body Worn Camera Program and In Car Video Program Calgary Police Service (Alberta) Sharon Wilmot General Counsel Peel Regional Police (Ontario)

ASSOCIATION AND MEDIA PARTNERS:

y Police Chiefs, Deputy Chiefs, Sheriffs, and their Counsel

y Executives of Police Associations and their Counsel

y Government Policy Drafters

y Police Commissioners

y Police Discipline Adjudicators

y Professional Standards Investigators

y Criminal Law Practitioners

y Members of the Plaintiff Bar

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Chris Skinner Chief of Police Eugene Police Department (Oregon)

y Government Attorneys y Police Service Board Members

CanadianInstitute.com/PoliceEast • 1 877 927 7936

Part of C5 Group’s LEGAL GLOBAL SERIES

day one Thursday, May 6 9:00

Remarks from the Co-Chairs Microphone R. Kyle Friesen, General Counsel, Legal Services, Surrey Police Service

Fred Kaustinen, Executive Director, Ontario Association of Police Services Boards

NATIONAL ROUNDTABLE on POLICE SERVICE ACT REFORM Join law enforcement leaders from across Canada as they discuss police reform objectives. Each speaker will present on findings from their province or territory and then participated in a Q&A panel session with other speakers.

9:10 QUEBEC

9:50 MANITOBA

Lessons Learned During the Consultation Process for the “Reflections on Police’s Reality in Quebec” Report

Delving into Initial Findings from Manitoba Police Services Act (PSA) Review

Microphone Hon. Marlène Jennings, Former Member of Parliament, Committee Member, Comité consultatif sur la réalité policière/Advisory Committee on Police Reality A consultative committee tabled its final report, entitled Reflections on Police’s Reality in Quebec, in May 2020, with a focus on modernity, efficiency and trust. This session will discuss the methodology for collecting and analyzing information during the consultation process, including public meetings and polling.

9:30 ONTARIO

Monitoring Adequacy and Effectiveness in Policing – A Look at Oversight Powers within the COPS Act Microphone Ian Scott, Former Director, Ontario Special Investigations Unit, Barrister & Solicitor, Law Office of Ian Scott Bill 68, The Comprehensive Ontario Police Services Act (2019), is due to come into effect in 2021, and will repeal and replace the Police Services Act (2018), the Ontario Special Investigations Unit Act (2018), as well as repeal the Policing Oversight Act (2018) and the Ontario Policing Discipline Tribunals Act (2018).

• Receiving and screening public complaints involving police officers, special constables and peace officers • Establishing the Special Investigations Unit (SIU) as a provincial agency accountable to the Attorney General in a new, separate statute • Mandating the human rights, systemic racism, diversity and Indigenous training for new police officers, new special constables, and Police Service Board members

Microphone Zane Tessler, Executive Director, Independent Investigations Unit (MB) The Government of Manitoba has indicated that new legislation will be introduced in 2021 based on a review of the Police Services Act completed in October 2020. This session will delve into the findings of the review, and discuss anticipated legislative changes.

• • • • •

Oversight and accountability reforms Guidance on new police standards Advice on enhancing civilian governance Augmenting supplementary public safety services Community safety and well-being best practices.

10:10 ALBERTA

Identifying Priorities in the Alberta Police Act Review Microphone Mark Neufeld M.O.M., Chief Constable, Calgary Police Service Building on the stakeholder engagement conducted in 2018 and 2019, this session with address some of the earlier priorities identified, next steps for the review process.

• Governance and public trust (including complaints and oversight) • Indigenous policing • The role of police 10:30

LIVE Q&A NATIONAL ROUNDTABLE on POLICE SERVICE ACT REFORM Your opportunity to engage with speakers from the morning and ask your questions about police reform.

10:50 | Break

4 | #PoliceLaw

twitter: @CI_Policing linkedin: The Canadian Legal Network

11:15

2:45

THINK TANK Analyzing Models for Partnering with Health Care Authorities

Ensuring a Consistent Response when using De-Escalation and Use-of-Force Techniques

Microphone Dale McFee, Chief of Police, Edmonton Police Service

Microphone Roger Brown, Chief of Police, Fredericton Police Force

Chris Skinner, Chief of Police, Eugene Police Department, Oregon

This session will explore the current legal framework for police services to partner with health care authorities with an aim to modernizing police responses to calls that fall within the Mental Health Act. • Examining current partnership models between police and health care • Sharing information across agencies while maintaining privacy 12:15

Assessing Officer Liability: A Case Law Review of the Mental Health Act Microphone John Hunter, Senior Associate, Borden Ladner Gervais • Criteria for apprehending an individual under the Mental Health Act • Failure to Apprehend under mental health legislation 1:15

1:1 Networking Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

1:25 | Break

Superintendent Phil Lue, Director, National Critical Incident Program, Royal Canadian Mounted Police

Sergeant Sam Tease, National Police Intervention, Royal Canadian Mounted Police

• • • •

Policing methods for situations of criminal flight and armed-and-barricaded persons Authorizing officers to use high-risk techniques Ensuring trust in training and communications Re-gaining control and de-escalation tactics – using the lowest amount of force for the desired outcome • Balancing the risk to the officer, the public and the perpetrator • Rolling out a less-lethal weapon program 3:15 | Break 3:45

Sorry to be Sorry: Litigation and Liability Risks Under the Apology Act Microphone Michele Brady, Solicitor, Legal Services, City of Toronto

Fred Fischer, Solicitor, Legal Services, City of Toronto

Apology legislation exists in all Canadian provinces and territories, with the exception of Quebec and Yukon, and allows for an expression of sympathy and regret without an admission of fault. This session will discuss whether the Apology Act instills public confidence or creates a risk for police liability.

1:45

Measuring Personal and Organizational Liability in Duty of Care Investigations Microphone Katherine Beaudoin, Crown Counsel, Crown Law Office, Criminal, Ministry of the Attorney General

• • • •

Identify when an apology is appropriate How does an apology affect public perception of police?

Analyzing models and frameworks, and what to keep in mind when developing a framework What litigation or liability risks might arise?

Gary R. Clewley, Barrister and Solicitor, Gary R. Clewley Legal Professional Corporation

4:15 KEYNOTE

Jason Nicol, Crown Counsel, Crown Law Office, Criminal, Ministry of the Attorney General

Hero to Zero: How Police Legitimacy and Public Confidence in Canada is Impacted by the United States

• Proving negligence and a lack of acceptable Duty of Care • Defining the responsibility or legal obligation of a person or organization to avoid acts or omissions that could likely cause harm to others • Examining what a “reasonable person would do or not do, considering the circumstances and the knowledge of parties involved” • Trends in negligent investigation complaints and misconduct charges • Analyzing public opinion and understanding of police procedure in relation to complaints • Mitigating negligence amid high workloads and diminished resources • Failing to provide medical assistance to an individual in their custody • Determining what constitutes expert evidence

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CanadianInstitute.com/PoliceEast • 1 877 927 7936

Microphone Bryan Larkin, Chief of Police, Waterloo Regional Police Service This discussion will address how the Black Lives Matter movement in the US has influenced the public’s confidence in police actions in Canada.

4:45

Closing Remarks from the Co-Chairs

Part of C5 Group’s LEGAL GLOBAL SERIES

day two Friday, May 7 9:00

Remarks from the Co-Chairs 9:05

Enforcing the Federal Quarantine Act Amid Covid-19 Pandemic Response Measures Microphone Insp. Peter Tsui, Officer in Charge of Operational Readiness and Response, COVID Pandemic Silver Commander, E-Division - Royal Canadian Mounted Police

• • • • • •

How does it all work? Operations and technology Challenges of police departments meeting disclosure requirements in criminal proceedings Crown and police collaboration; joint efforts in the disclosure process Privacy considerations, legal privileges, and unintended disclosure issues Evidentiary value of body-worn cameras and impact on prosecutions Mitigating the risks through strong policies, protocols and training

12:00

Mitigating Liability on an Officer’s Personal Social Media Platform Microphone Carla Goncalves, Deputy Director, Office of the Independent Police Review Director

• Responding to public complaints and disturbances • Enforcing curfews • Issuing fines to individuals and businesses for defying public health orders 9:45

Top Challenges in Search and Seizure Laws: Persons, Places and Things Microphone Davin Michael Garg, Crown Counsel, Crown Law Office, Criminal, Ministry of the Attorney General

Ken Kelertas, Director, Legal Services, Halton Regional Police Service

Sharon Wilmot, General Counsel, Peel Regional Police

• Determining what kinds of personal posts an officer can make on their social media accounts and whether the posts could create a legal liability for the officer and/or the police agency • Evaluating actions officers can take against unwanted activity on social media accounts, such as trolls

Jill R. Presser, Presser Barristers

1:00 | Break

Caryma Sa’d, Lawyer, Law Office of Caryma Sa’d

1:45

This session will take a close look at Section 8 of the Canadian Charter of Rights and Freedoms.

• Challenges with invasive procedures such as drug testing with legalization of cannabis in Canada • Analyzing changes to the Criminal Code relating to driving while impaired including roadside breathalyzer tests, and blood tests • Body searches • Expectations of privacy on digital devices, on personal, shared and work devices R. v. Jones (2017) • Applying solicitor-client privilege to digital devices 10:45 | Break 11:15

Ensuring Evidence Management when Adopting Body-Worn Camera Technology Microphone Mathieu St-Germain, Legal Counsel, Real Time Operations Centre (RTOC), Calgary Police Service

This session can be applied toward 30 minutes of Professionalism CPD Hours with the LSO.

Staff Sgt. Mark McVicar, Calgary Police Service Legal Counsel

Kristie Verheul, Staff Sergeant, Court and Disclosure Unit, Body Worn Camera Program and In Car Video Program, Calgary Police Service

6 | #PoliceLaw

Primer on Employee Accommodation and Return-to-Work Policy Microphone Derek A. Cranna Q.C., Partner, Field Law

Danny Smyth, Chief of Police, Winnipeg Police Service

• Understanding discrimination as laid out by human rights legislation in Canada • Managing poor performance, discipline issues and patterns of negative behaviour when mental health is a consideration • Assessing stress leave entitlement in the absence of mental/physical disability diagnosis • Building tailored, employee-specific strategies versus a one-size-fits-all policy • Keeping employees on the job and in the workplace versus paid leave • Accommodating employees with mental health leave, sick leave and parental leave » What you are entitled to ask » Return to work strategies » Communicating with insurance companies and medical professionals • Managing professionalism and complaints • Providing adequate support during internal investigations • Appropriate actions for employee dismissals and transfers 2:30 | Break

twitter: @CI_Policing linkedin: The Canadian Legal Network

3:00

Trends in Electronic Crime Microphone Chris Lynam, Director General, National Cybercrime Coordination Unit, RCMP • • • •

Quote-left

Responding to ransomware attacks The role of Artificial Intelligence in crime and crime prevention Vehicle hacking and targeting mobile device Evaluating the cybersecurity skills gap between people and tech

3:45 KEYNOTE

Canada Forces Military Police on Multinational Military Operations

There are opportunities for partnerships and collaboration between the police services and various agencies, such as the military and provincial/federal departments.

FHFNPS

Well-run conference with informative and relevant materials.

Microphone Lieutenant-Colonel Vanessa Hanrahan, Canadian Forces Military Police Group

quote-right

Department of Justice

4:15

Closing Remarks from the Chair

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TOP REASONS TO ATTEND

Enforcing the Federal Quarantine Act: Measure police responses and effectiveness during the Covid-19 pandemic – from enforcing curfews to issuing fines.

Top Challenges in Search and Seizure Laws: Examine legal challenges in the Canadian Charter of Rights and Freedoms during police investigations – from digital devices to blood tests.

Ensuring Evidence Management: Adopt body-worn camera technology.

Primer on Employee Accommodation and Return-to-Work Policy: Manage poor performance, discipline issues and patterns of negative behaviour.

Trends in Electronic Crime: Analyze the role of Artificial Intelligence in crime and crime prevention.

Register Now

CanadianInstitute.com/PoliceEast • 1 877 927 7936

Part of C5 Group’s LEGAL GLOBAL SERIES

C5 GROUP’S VIRTUAL EVENTS

Join Us Virtually this May! Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.

As the current global situation continues to unfold, we understand that it may not be possible to attend our events in person.

At the same time, we also understand that collaboration is more vital than ever and for that, you can still rely on CI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise.

Participate in Meaningful Networking Enjoy an Easy to Use, Dynamic Online Platform Immerse Yourself in Live Presentations and Panel Discussions Engage with Attendees and Speakers in an Interactive Format Meet 1-on-1 with Your Fellow Attendees For more information and answers to many of your questions, please visit:

CanadianInstitute.com/PoliceEast

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The C5 Group, comprising American Conference Institute, The Canadian Institute and C5 in Europe, is a leading global events and business intelligence company.

For over 35 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.

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Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: The Canadian Institute.

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CREDITS

This main 2-day conference can be applied towards 7 of the 12 hours of annual Continuing Professional Development (CPD), required by the Law Society of Ontario.

This program contains 30 minutes of Professionalism Hour(s).

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. The same number of hours may be applied toward your continuing legal educational requirements in British Columbia.

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.

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REGISTRATION CODE:

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CONFERENCE CODE:

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