11th Annual Law of Policing Conference (West Coast Edition)

EARN CPD CREDITS

November 4 & 5, 2020 (PST)

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

west coast edition

Virtual Conference

11th Annual

LAW OF POLICING CONFERENCE

Maintaining order amid police reform R. Kyle Friesen Counsel, RCMP Legal Advisory Section Department of Justice Canada Conference Chair Ronald J. MacDonald, Q.C. Chief Civilian Director Independent Investigations Office of BC

The Honourable Wally Oppal, Q.C. Senior Counsel Boughton Law Corporation

Howard Chow Deputy Chief, Operations Division Vancouver Police Department

Nicholas Simons MLA, Powell River-Sunshine Coast Government of British Columbia

Boyd Peters Director BC First Nations Justice Council

With Participation from:

CanadianInstitute.com/PoliceWest • 1 877 927 7936

EXCLUSIVE Emma Wright Director & Counsel Institute of AI, United Kingdom

Get timely and balanced advice on the issues that are top of mind for police services and their counsel: ą Reforming the British Columbia Police Act

ą Protecting Privacy Rights Amid Evolving Technology and Policing Strategies

ą New Standards for Independent Investigations in British Columbia

ą Protocols for Positive Interactions with Indigenous Peoples

ą What You Can and Can’t Do: Search and Seizure Laws in the Tech World

And many more distinguished organizations

Rob Farrer Director, Pacific Region National Police Federation

And more

Media Partner:

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The year 2020 has been a test of law enforcement mettle.

T

he Covid-19 pandemic forced law enforcement agencies to react to an unprecedented state of emergency that was both local and global, with no resolution on the horizon. Scarce resources and heightened public anxiety brought long-standing issues to the surface and created demand for change; from increased cooperation with independent investigations to partnership with health care workers. Does your team have the tools and the training to maintain order and public trust during a state of social unrest and the call for police reform?

Don’t miss The Canadian Institute’s Virtual 11th Annual Law of Policing Conference, where experts will delve into legislative updates, precedent-setting cases, police liability and the most critical updates affecting law enforcement professional standards in Canada. Get the latest information and learn how to support your team. ą Transitioning from RCMP to Municipal policing services

ą Analyzing the Level of Police Involvement in Wellness Checks

ą Responding to Civil Disobedience

ą Evolving Search and Seizure Laws in the Tech World

ą Reforming the British Columbia Police Act ą Establishing New Standards for Independent Investigations

ą Protecting Privacy Rights ą Professional Responsibility in a Virtual Courtroom

Join two days of balanced perspectives on the most pressing issues facing police services, police associations, police boards, independent police oversight agencies, and their counsel. Hear from a distinguished and diverse faculty of speakers as they provide practical solutions and optimum tools for your organization. We look forward to seeing you virtually this November!

R. Kyle Friesen Legal Advisor, Royal Canadian Mounted Police – Legal Advisory Section Department of Justice Canada Conference Chair

2 | #PoliceLaw

twitter: @CI_Policing linkedin: The Canadian Legal Network Group

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

Speaker Faculty CONFERENCE CHAIR R. Kyle Friesen Legal Advisor, Royal Canadian Mounted Police – Legal Advisory Section Department of Justice Canada

FACULTY Martin Allen General Counsel Independent Investigations Office of BC Tina Baker Psychiatric Nurse Surrey RCMP Staff Sergeant Mark Bragagnolo Major Crime Section, Investigation Division Vancouver Police Department Inspector Andrew Chan Human Resources Section Vancouver Police Department Howard Chow Deputy Chief, Operations Division Vancouver Police Department Karen Collins Emergency Planning Coordinator, Major Events Unit Vancouver Police Department

Legal Accreditation

Rob Farrer Director, Pacific Region National Police Federation Shannon Gerrie Administrative Crown Counsel, Commercial, Police & Regulatory Prosecutions, Criminal Appeals & Special Prosecutions BC Prosecution Service, Ministry of Attorney General Rachel Hayward Director, Compliance and Special Investigations Office of the Information and Privacy Commissioner of Alberta Jim Hughes Chief Legal Technology Counsel BC Prosecution Service, Ministry of Attorney General Ralph Kaiser President Vancouver Police Union Judy Kliewer Senior General Counsel Public Prosecution Service of Canada, MB Michael Lacy Partner – Criminal Law Group Brauti Thorning LLP

Ronald J. MacDonald Chief Civilian Director Independent Investigations Office of BC Doug McCallum Mayor City of Surrey Inspector Wendy Mehat Community Support and Safety Officer Surrey RCMP A/S/Sgt. Syed Ali Moosvi Executive Officer for General Counsel Toronto Police Services Inspector Suzanne Muir Diversity, Inclusion and Indigenous Relations Section & Victim Services Unit Vancouver Police Department Gloria Ng Principal Gloria Ng Law Kayla Oishi Access and Privacy Officer Saskatoon Police Service

CREDITS

CanadianInstitute.com/PoliceWest • 1 877 927 7936

Nicholas Simons MLA, Powell River-Sunshine Coast Government of British Columbia Det. Ryan Tebb Acting Inspector – Major Crimes Branch Edmonton Police Service Corporal Scotty Schumann Surrey RCMP Ashley M. Smith Director, Legal Services Division Saskatoon Police Service Aly Virji Instructor, Faculty of Human and Social Sciences Wilfrid Laurier University Emma Wright Director & Counsel Institute of AI, United Kingdom Partner Kemp Little LLP

The Honourable Wally Oppal, Q.C. Senior Counsel Boughton Law Corporation

This 2-day conference program can be applied towards 7 of the 9 substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. In addition, 2 hour can be applied towards the Professionalism requirement.

EARN CPD

Boyd Peters Director BC First Nations Justice Council

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. a C5 Group Company

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Day One

Wednesday, November 4 (all times in pst) 9:00

Opening Remarks from the Chair Microphone-alt R. Kyle Friesen, Legal Advisor, Royal Canadian Mounted Police – Legal Advisory Section, Department of Justice Canada

9:15 PANEL

Reforming the British Columbia Police Act Microphone-alt Nicholas Simons, MLA, Powell River-Sunshine Coast, Government of British Columbia

In June 2020, a special committee was tasked with reviewing the Act in relation independent oversight, transparency, governance, structure, service delivery, standards, funding, training, education, as well as examining systemic racism and its impact on public safety and public trust in policing.

• New agreement on the MOU and guidelines between working with police agencies

• Maintaining client privacy across organizations

• Requirements for interviews with police during an investigation

• Building a curriculum with your health authority, including cultural awareness, and officer resiliency

• Video recording of witness officers’ interviews • Recording by an officer of witness officer interview • Attendance of lawyer or union representative during officer interviews 11:15 | Break 11:30

Know Your Level of Police Involvement in Wellness Checks Microphone-alt R. Kyle Friesen, Legal Advisor, Royal Canadian Mounted Police – Legal Advisory Section, Department of Justice Canada

• Police authority to respond to a call for a wellness check

10:15 PANEL

Establishing New Standards for Independent Investigations in British Columbia Microphone-alt Martin Allen, General Counsel,

Independent Investigations Office of BC

Rob Farrer, Director, Pacific Region, National Police Federation

Shannon Gerrie, Administrative Crown Counsel, Commercial, Police & Regulatory Prosecutions, Criminal Appeals & Special Prosecutions, BC Prosecution Service, Ministry of Attorney General

Ralph Kaisers, President, Vancouver Police Union

Ronald J. MacDonald, Chief Civilian Director, Independent Investigations Office of BC

An in-depth look at the 2020 Guidelines and Expectations with Respect to the Conduct of IIO Investigations and an officer’s Duty to Cooperate.

• The spectrum of police service calls: from wellness checks to life-threatening situations • Delineating which calls require a public health nurse or social worker, and which calls require an emergency response team approach 12:30 CASE STUDY

Cops and Care Workers — An Interagency Response to People in Crisis Microphone-alt Tina Baker, Psychiatric Nurse, Surrey RCMP

Inspector Wendy Mehat, Community Support and Safety Officer, Surrey RCMP

Corporal Scotty Schumann, Surrey RCMP

A look at the Police Mental Health and Outreach Team (PMHOT), a partnership between Surrey RCMP, Fraser Health Authority, city bylaw officers and other agencies, which assists people in crisis.

• Assessing how the model works including how it started and how it grew • How to connect with partner organizations from the first phone call to the writing agreements

4 | #PoliceLaw

twitter: @CI_Policing linkedin: The Canadian Legal Network Group

• Employing the Mental Health Act

• Negotiating with clients to help them into housing or treatment programs • What police agencies can do when the mental health team is not available 1:00 | Lunch Break 1:45 PANEL

Download on Search and Seizure Laws: Dos and Don’ts when Dealing with Technology Microphone-alt Judy Kliewer, Senior General Counsel,

Public Prosecution Service of Canada, MB

Michael Lacy, Partner – Criminal Law Group, Brauti Thorning LLP

Gloria Ng, Principal, Gloria Ng Law

• Expectations of privacy on digital devices, on personal, shared and work devices » R. v. Jones (2017)

» R. v. Marakah (2017)

» R. v. Reeves (2018)

» R. v. Le (2019)

• Applying solicitor client privileges to digital devices • Understanding consent searches and who is authorized to give third-party consent — R. v. Cole • Court ordered searches, including Anton Piller searches in civil actions with police enforcement clauses

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Day Two

Thursday, November 5 (all times in pst) 2:45

8:40

11:00

Transitioning from RCMP to Municipal Services in Surrey BC

Remarks from the Chair

Privacy vs. Safety Amid Intimate Partner Violence — Implementing Clare’s Law in Saskatchewan, Alberta and BC

Microphone-alt Doug McCallum, Mayor, City of Surrey

The Honourable Wally Oppal, Q.C., Senior Counsel, Boughton Law Corporation

In 2018, the City of Surrey initiated the transition to a municipal policing model. This session will look at the 2019 Surrey Policing Transition Plan and the two-year timeline to implement the plan.

• Reconciling the public support and the statistical data for a municipal police service • Highlighting elements from the proposed policing model » Staffing levels and community partnerships » Financial projections • Maintaining existing assets versus acquiring new

8:45 ETHICS HOUR

Protecting Privacy Rights Amid Evolving Technology and Policing Strategies Microphone-alt Rachel Hayward, Director, Compliance and Special

Investigations, Office of the Information and Privacy Commissioner of Alberta

Emma Wright, Director & Counsel, Institute of AI, United Kingdom, Partner, Kemp Little LLP

An in-depth look at the Privacy Act as it applies to law enforcement’s collection, disclosure and retention of personal information.

• Facial recognition to solve crime and the investigation into Clearview AI

• Managing active investigation files amid transition

• Automotive licence plate recognition, capturing and keeping data

3:45 | Break

9:45 ETHICS HOUR

4:00 CASE STUDY

Comparing Suspects and Forensic Techniques with DNA Profiling in Alberta’s Cold Case Files Microphone-alt Det. Ryan Tebb, Acting Inspector – Major Crimes Branch, Edmonton Police Service

A look at how commercial DNA services such as GEDMatch and FamilyTreeDNA could be used in cold case files.

• Comparing pros and cons of using a commercial DNA service versus a government agency • Identifying cases which would benefit from using a commercial DNA service 4:45

Closing Remarks from the Chair

Demonstrating Professional Responsibility in a Virtual Courtroom Microphone-alt Jim Hughes, Chief Legal Technology Counsel, BC Prosecution Service

A look at the report from the Action Committee on Court Operations in Response to COVID-19 including core principles and perspectives and initial orienting principles on safe and accessible courts.

• Analyzing the legal challenges of operating in an online platform, including jury trials and hearings in small court rooms, circuit and remote courts

Microphone-alt Kayla Oishi, Access and Privacy Officer, Saskatoon Police Service

Ashley M. Smith, Director, Legal Services Division, Saskatoon Police Service

The Interpersonal Violence Disclosure Protocol (Clare’s Law) Act (2020) allows Saskatchewan residents to ask police for information on an intimate partner’s past violent or abusive behaviour. Similar laws are being enacted in Alberta and BC. • When does the law apply?

• What constitutes an intimate partner relationship?

• What data can be stored and shared?

12:00

From Pipelines Protests to Black Lives Matter Rallies: How to Respond to Civil Disobedience Microphone-alt R. Kyle Friesen, Legal Advisor, Royal Canadian Mounted Police – Legal Advisory Section, Department of Justice Canada

A look at how Indigenous groups and others protested the Coastal GasLink project in 2020 through roadblocks, blocking train tracks and barricaded shipping ports across Canada. As well, a look at the Canadian response to BLM rallies following the death of George Floyd, in Minnesota, in May 2020.

• Duties of police under statutes and common law

• Establishing and maintaining office systems, file organization and coordination

• Executing injunction order and enforcement orders, and balancing police discretion

• Advocating and communicating in a timely and appropriate manner with clients

1:00 | Lunch Break

10:45 | Break

CanadianInstitute.com/PoliceWest • 1 877 927 7936

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1:45

3:00 | Break

Protocols for Positive Interactions with Indigenous Peoples

3:15

Microphone-alt Staff Sergeant Mark Bragagnolo, Major Crime Section, Investigation Division, Vancouver Police Department

Inspector Suzanne Muir, Diversity, Inclusion and Indigenous Relations Section & Victim Services Unit, Vancouver Police Department

• Best practices for case management and historical files • Ensuring awareness and sensitivity when communicating with Indigenous peoples

Your Authority for Arrest and Detention, and Articulating Grounds for ID Checks Microphone-alt Howard Chow, Deputy Chief, Operations Division, Vancouver Police Department

• Articulating your grounds, and totality of the circumstance, during a street check • What is and is not a street check?

• Authority to arrest and detain » R. v. Grant (2009)

• Should an elder or Indigenous liaison person be present?

» R. v. Suberu (2009) » R. v. Singh (2007)

2:30

Unraveling the Unconscious Bias in Yourself and the System Microphone-alt A/S/Sgt. Syed Ali Moosvi, Executive Officer for General Counsel, Toronto Police Services

Aly Virji, Instructor, Faculty of Human and Social Sciences, Wilfrid Laurier University

• Identifying and acknowledging implicit biases — What now?

• Reducing the influence of implicit bias in policing everyday — systemic racism, or individual cases of bad behaviour?

• Implementing operational changes to decrease system biases • Identifying how issues in policing effect the community

4:15

Covid Action Report: Policing During a Pandemic Microphone-alt Inspector Andrew Chan, Human Resources Section, Vancouver Police Department

Karen Collins, Emergency Planning Coordinator, Major Events Unit, Vancouver Police Department

5:00

Closing Remarks from the Chair

• Your part in organizational change management

6 | #PoliceLaw

twitter: @CI_Policing linkedin: The Canadian Legal Network Group

Media Partner: The Canadian Association of Police Governance (CAPG) is the national association, collective voice and resource for civilian governance of policing in Canada. The civilian governance of police in Canada has a rich and deep history, in fact police boards can be traced back to various provincial legislative acts that pre-date Confederation.

Formed in 1989, our members provide governance and oversight to more than 75% of municipal police in Canada. While there are some variations when it comes to the provision of civilian governance in different provinces, our fundamental roles and responsibilities are similar. The police boards and commissions hire and evaluate their Chiefs of Police, set strategic policing objectives and policies in consultation with police leadership and the communities they serve and generally represent the public interest. In addition, they are responsible for working with their service to bring forward an operational budget for policing to their respective municipal councils.

The CAPG works collaboratively and proactively with members and partners to enhance civilian governance of policing in Canada. www.capg.ca

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