15th Annual Law of Policing Conference - Eastern Edition - DS

15TH ANNUAL

LAW OF POLICING CONFERENCE

EASTERN EDITION

EARN CPD CREDITS

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

May 8 & 9, 2024

Sandman Signature Mississauga Hotel, Mississauga, ON

Canada’s Most Comprehensive, Practical Conference on Police Reform and Legal Liability

CONFERENCE CO-CHAIR

Sgt. Amar Gosal Professional Standards Unit (PSU) Royal Canadian Mounted Police (RCMP), O Division

Benchmark With:

• CBSA

• National Police Federation

• New Brunswick Police Commission

• Office of the Independent Police Review Director (OIPRD)

• Ontario Ministry of the Solicitor General

FEATURED SPEAKERS

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

Mathai Senior Counsel, Crown Law Office Ontario Ministry of the Attorney General

What’s New for 2024? New, Updated Discussions Include:

Association

• Ontario Securities Commission

• RCMP

• Surrey Police Service

• Toronto Police Association

• York Regional Police Services Board

Location-Arrow Bail Reform Act: The Expected (and Unexpected) Impact of How Bill C-48 Amendments are Changing Policing

Location-Arrow Preparing for Disciplinary Regimes under the Reformed Community Safety and Policing Act, 2019 (CSPA)

Location-Arrow BWC Investigative Techniques and How Evidence is Now Being Used in Court

Location-Arrow The Legal Parameters Affecting AI Ethics, Law, Policy and Usage by Police

Location-Arrow Cybercrime Investigations: Canadian and International Perspectives on Cross-Agency Collaboration

EXHIBITOR

Sunil

Jon Reid President Toronto Police

DISTINGUISHED SPEAKERS

CONFERENCE CO-CHAIR

Sgt. Amar Gosal Professional Standards Unit (PSU) Royal Canadian Mounted Police (RCMP), O Division

FACULTY

Justin Amaral Legal Counsel National Police Federation

Anitra Basant Sisavang Executive Director York Regional Police Services Board

Anthony Brancato Special Agent in Charge-Attaché United States Secret Service U.S. Embassy Ottawa

Rayon Brown Community Economic Development Director Helping Neighbourhoods Implement Change Member Community Advisory Board Toronto Police Service

David Butt Barrister Camden Lane Law Chambers

Insp. Lina Dabit OIC FP Cybercrime Investigative Team, Toronto CIT Royal Canadian Mounted Police (RCMP)

Mario Di Tommaso Deputy Solicitor General Ontario Ministry of the Solicitor General

Robert Duncan, JD LL.M. Attorney-Advisor (Instructor), Office of Chief Counsel, Federal Law Enforcement Training Centers United States Department of Homeland Security (DHS)

Dean Embry Partner

Embry Dann LLP

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

Solomon Friedman Partner

Friedman Mansour LLP

Carla Goncalves Deputy Director Law Enforcement Complaints Agency (LECA)

Jeffrey A. Hosking, Ph.D. JD, Attorney-Advisor (Instructor), Office of Chief Counsel, Federal Law Enforcement Training Centers United States Department of Homeland Security (DHS)

Who Should Attend

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

• Police Commissioners

• Professional Standards Investigators

• Executives of Police Associations and their Counsel

Sarah Hunter Director, ATIP Correctional Service Canada

Dubi Kanengisser Executive Director Toronto Police Service Board

Anil K. Kapoor Barrister Kapoor Barristers

Lauren Katz Counsel Ontario Ministry of the Solicitor General

Jack Laird Senior Manager, Biology Ontario Ministry of the Solicitor General

Heather Mackay Crown Counsel, Office of the Independent Police Review Director/Law Enforcement Complaints Agency Ontario Ministry of the Attorney General

Sunil Mathai Senior Counsel, Crown Law Office Ontario Ministry of the Attorney General

Eric Neubauer Defense Counsel Neubauer Law Co-Chair Criminal Lawyers Association Technology Committee

• Police Discipline Adjudicators

• Criminal Law Practitioners

• Government Policy Drafters

Deqa Nur Executive Director

Hooyo Innovation Hub Member, Community Advisory Panel Toronto Police Service

Jon Reid President Toronto Police Association

Katherine Robertson Senior Research Associate, Citizen Lab, Munk School of Global Affairs & Public Policy University of Toronto

Margaret Sciortino Hearings Officer

Canada Border Services Agency Community Advisory Panel Co-Chair Toronto Police Service

Jennifer Smith Executive Director New Brunswick Police Commission

Jeremy Tatum Counsel, Crown Law Office, Criminal Ontario Ministry of the Attorney General

Larry Vieira Counsel Toronto Police Association

• Government Attorneys

• Members of the Plaintiff Bar

• Police Service Board Members

MAIN CONFERENCE DAY ONE Wednesday, May 8, 2024

7:45 Registration Opens and Refreshments Served

8:45

Opening Remarks from the Co-Chairs

microphone-alt Sgt. Amar Gosal, Professional Standards Unit (PSU), Royal Canadian Mounted Police (RCMP), O Division

9:00

Bail Reform Act: The Expected (and Unexpected) Impact of How Bill C-48 Amendments are Changing Policing

microphone-alt Jon Reid, President, Toronto Police Association

Eric Neubauer, Defense Counsel, Neubauer Law Co-Chair, Criminal Lawyers Association Technology Committee

This session will look at Bill C-48, An Act to amend the Criminal Code (bail reform), which comes into effect January 2024. How will the bill work in concert with the Canadian Charter of Rights and Freedoms and the Criminal Records Act?

• Creating a new reverse onus to target serious repeat violent offending involving weapons

• Expanding the list of firearms offences that trigger a reverse onus

• Broadening the reverse onus targeting repeat offenders of intimate partner violence

• Clarifying the meaning of the terms “prohibition order” in an existing reverse onus for offences involving weapons

• Requirements for:

» courts to consider an accused person’s history of convictions for violence when making a bail decision

» courts to state on the record for any bail decision that they have considered the safety and security of the community in relation to the alleged offence (thereby increasing accountability to the public)

» courts to state on the record for any bail decision how they have considered the particular circumstances of Indigenous accused and accused from vulnerable overrepresented populations, as required by section 493.2 of the Criminal Code

9:45

Very well-organized conference. Good variety of topics and speakers, yet

all relevant to our work.

– Mathieu St. Germain, Legal Counsel, Calgary Police Service

Preparing for Incoming Disciplinary Regimes under the Reformed Community Safety and Policing Act, 2019 (CSPA)

microphone-alt Lauren Katz, Counsel, Ontario Ministry of the Solicitor General

Larry Vieira, Counsel, Toronto Police Association

The Comprehensive Ontario Police Services Act (2019) is coming into effect April 2024, with updated rules for disciplinary hearings. 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 prospective?

• Disciplinary hearings in matters of terminations and demotions

• Deciphering when suspension without pay is warranted and under what conditions

• When to go to arbitration

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

10:30 Networking Break

10:45 FOCUS ON BWC – PART I

BWC Investigative Techniques and How Evidence is Now Being Used in Court

microphone-alt Sunil Mathai, Senior Counsel, Crown Law Office, Ontario Ministry of the Attorney General

Deqa Nur, Executive Director, Hooyo Innovation Hub Member, Community Advisory Panel, Toronto Police Service

Margaret Sciortino, Hearings Officer, Canada Border Services Agency Community Advisory Panel Co-Chair, Toronto Police Service

In a precedent-setting 2023 Ontario Court decision, the act of two Toronto Police Service officers muting their body worn cameras during an arrest, has resulted in an acquittal following a 2021 impaired driving charge. In a second unrelated case, gun charges were dropped after Durham Regional Police officers testified they also muted their microphones mid-arrest.

This session will discuss the evolving legal implications of BWC evidence in court.

S 2:45 Networking Break

The Legal Parameters Affecting AI Ethics, Law, Policy and Usage by Police

microphone-alt Dubi Kanengisser, Executive Director, Toronto Police Service Board

Katherine Robertson, Senior Research Associate, Citizen Lab, Munk School of Global Affairs & Public Policy, University of Toronto

• Identifying the scope and legal parameters of AI usage in policing

• Determining how police can use AI tools for investigations and in evidence

• Creating a policy forward process that anticipates the implementation challenges and the evolution of Artificial Intelligence and Machine Learning

• Exploring AI applications in direct correlation to known problems, including optimizing resources

• How to proactively address privacy concerns

• Authenticating audio and video, and identifying manipulated evidence

12:15 Networking Luncheon for Speakers and Delegates

1:30

KEYNOTE ADDRESS

2:00 STATUS UPDATE

Dissecting Trends in Complaints and Charges Against Police and Disciplinary Outcomes – From Use of Force to Frivolous Complaints

microphone-alt Justin Amaral, Legal Counsel, National Police Federation

Carla Goncalves, Deputy Director, Law Enforcement Complaints Agency (LECA)

Sgt. Amar Gosal, Professional Standards (PSU), Royal Canadian Mounted Police (RCMP), O Division

Jennifer Smith, Executive Director, New Brunswick Police Commission

Delegates will hear a status report on the types of complaints being lodged against police officers, the frequency of the types of complaints, and how there are viewed by oversight agencies. Discover which types of complaints are most common, which are considered vexatious and/or frivolous, and which are of most concern.

3:30

The Evolving Case Law on Using Electronic Surveillance: Grey Areas and How to Navigate Them

microphone-alt Anil K. Kapoor, Barrister, Kapoor Barristers

Solomon Friedman, Partner, Friedman Mansour LLP

This session will look at the evolving legal, operational and budgetary challenges surrounding electronic surveillance.

• Examining the reasonable expectation of privacy in IP addresses, with a look at the SCC pending decision in R. v. Bykovets (2022)

• Ensuring the data can be searched, and examining R. v. Cuffie (2020) ONSC

• When the Crown’s disclosure of non-searchable PDF constitutes meaningful disclosure

• Handling the volume of data acquired by electronic surveillance and disclosure requirements

4:15 CROSS-BORDER INVESTIGATIONS

Combating Cyber and Trafficking Crimes Affecting Missing and Murdered Indigenous Women and Girls Taken Across the Border

microphone-alt Robert Duncan, JD LL.M., Attorney-Advisor (Instructor), Office of Chief Counsel, Federal Law Enforcement Training Centers, United States Department of Homeland Security (DHS)

Jeffrey A. Hosking, Ph.D. JD, Attorney-Advisor (Instructor), Office of Chief Counsel, Federal Law Enforcement Training Centers, United States Department of Homeland Security (DHS)

This session will delve into the awareness and prevention work the United States Department of Homeland Security is doing to address missing and murdered Indigenous people, both in the realm of cybercrime and human trafficking, across the U.S.-Canada border.

• Recognizing the red flags of trafficking in a community

• Evidence gathering and information sharing

• Maintaining a list of trafficking incidents

• Giving expert testimony in court

• Explaining evidence gathering, and sharing techniques and technology in court

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

– Jean-Michel Lenihan, Legal Counsel, RCMP External Review Committee

5:00

Closing Remarks

from the Co-Chairs

MAIN CONFERENCE DAY TWO

Thursday, May 9, 2024

8:30 Registration Opens

9:00

Opening Remarks from the Co-Chairs

9:05

KEYNOTE ADDRESS

Mario Di Tommaso Deputy Solicitor General Ontario Ministry of the Solicitor General

9:30 FOCUS ON BWC – PART II

BWC Privacy Policy: How Police Services are Updating Privacy and Body Worn Camera Policies

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

• Clarifying when BWC need to be on vs off

• What discipline themes/challenges arise in connection with BWC

• Discussing cases on BWC and their lessons

• Where are the gaps in the policy from department to department

• Setting out expectations of usage

• Guidelines for when/when not to take disciplinary action

10:15 Networking Break

10:30

Conducting Complaint and Misconduct Investigations Under Ontario’s Incoming Community Safety and Policing Act

microphone-alt Anitra Basant Sisavang, Executive Director, York Regional Police Services Board

Heather Mackay, Crown Counsel, Office of the Independent Police Review Director/ Law Enforcement Complaints Agency, Ministry of the Attorney General

Coming into effect for April 2024, the Community Safety and Policing Act, (2019) (CSPA), as part of the Comprehensive Ontario Police Services Act, (2019), will replace the current Police Services Act (PSA).

• Conducting complaint and misconduct investigations under the new Act

• Examining how discipline, suspension and independent adjudication will be handled under the new Act

• What is considered “adequate and effective policing” under the new Act

• Examining how the roles and responsibilities of the boards and chiefs are changing

• Analyzing anticipated changes in labour relations

11:15

Cracking Cold Cases with Forensic Genealogy and the Impact on Case Outcomes

microphone-alt Jack Laird, Senior Manager, Biology, Ontario Ministry of the Solicitor General

Jeremy Tatum, Counsel, Crown Law Office, Criminal, Ontario Ministry of the Attorney General

• Identify victims of historic cases using forensic genealogy for 3D facial recognition imaging

• Evolving investigative techniques

• Targeting geography for DNA collection samples

• Blood warrant

• DNA Doe Project

12:00 Networking Luncheon for Speakers and Delegates

1:00

Cybercrime Investigations: Canadian and International Perspectives on Cross-Border Collaboration

microphone-alt Anthony Brancato, Special Agent in Charge-Attaché, United States Secret Service, U.S. Embassy Ottawa

Insp. Lina Dabit, OIC FP Cybercrime Investigative Team, Toronto CIT, Royal Canadian Mounted Police (RCMP)

• Examining the latest in digital forensic investigative techniques

• Trends in cyber investigations from the private sector perspective

• Partnering and sharing information: How, when and what gets shared between agencies

Media Partners:

Prisoner Release: What Information Can and Cannot be Shared between Police, Corrections and the Public

microphone-alt Dean Embry, Partner, Embry Dann LLP

Sarah Hunter, Director, ATIP, Correctional Service Canada

This session will examine what information is shared between corrections and police when an inmate is released, as well as the information sharing process.

• Examining the standard information sharing process, and when information is shared, with whom, and when

• Deciphering when additional information can be requested and under what circumstances

• Analyzing what types of information are considered private and what is in the police/public interest

• Writing production orders for corrections

2:30 Networking Break

2:45

The Finer Points of Disciplinary Hearings Amid Long-Term Disability Claims: Special Considerations and Key Pitfalls to Avoid

microphone-alt David Butt, Barrister, Camden Lane Law Chambers

• Adhering to hearing timelines and meeting the duty hold hearings within a reasonable timeline

S S 3:30

• Delineating when a disability claim will result in a hearing postponement, and when proceedings can move forward

• Analyzing how mental health disability will impact a professional standard’s hearing, including timelines and delays

• Addressing the medical evidence in a trial

• Outlining which medical information a physician can share with police and/or an employer

The Roles of Community Advisory Boards and Their Coordination with Police

microphone-alt Anitra Basant Sisavang, Executive Director, York Regional Police Services Board

Rayon Brown, Community Economic Development Director, Helping Neighbourhoods Implement Change, Member Community Advisory Board, Toronto Police Service

Under the incoming Community Safety and Policing Act (2019), police services boards are required to create a diversity plan to ensure that the members of the board reflect the diversity of the surrounding municipal population.

• Examining the liaison role between police and community, from day-to-day and when there is an emergency situation

• The impact of a community advisory board on situations such as a protest, compared to when there is no community advocate

• Calibrating communication when a community is in mourning

• Addressing the unmet needs of a community and bringing those to police attention 4:15

Closing Remarks from the Co-Chairs

LEGAL ACCREDITATION

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

S = Substantive CPD P = Professionalism CPD

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Venue & Hotel Information

Sandman Signature Mississauga Hotel

5400 Dixie Road, Mississauga, ON, L4W 4T4 Phone: 1-800-SANDMAN or 1-905-238-0159

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 “The Canadian Institute – Law of Policing Eastern Edition – Group #325031.”

Please note that the guest room block cut-off date is April 6, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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