13th Annual Law of Policing Conference, Western Edition - WEB

EARN CPD CREDITS

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

western edition

14th Annual

LAW OF POLICING CONFERENCE

November 7 & 8, 2023 Sheraton Vancouver Guildford Hotel Surrey, BC

Critical Insights for Serving the Public, Building Trust and Protecting Your Team CONFERENCE CO-CHAIRS

Robert Fenton Director, Legal Services Calgary Police Service

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

New for 2023: Check Defining the Threshold for Laying Charges Against Officers Check The Latest National Perspectives on Firearms Legislative Reforms Check DEMS Digital Evidence Management Systems and Electronic Disclosure Check Drug Decriminalization in BC and the Potential Implications on Other Provinces Check How to Manage Key Challenges with the Integration of Body Worn Cameras (BWC)

REGISTER NOW

CanadianInstitute.com/PoliceWest • 1 877 927 7936

Fiona Wilson M.O.M. Deputy Chief Constable Vancouver Police Department

With Participation from: BC Corrections

Public Prosecution Service of Canada

British Columbia Prosecution Service

RCMP

Calgary Police Service

Saskatchewan Firearms Office

Delta Police Department

Surrey Police Service

Independent Investigations Office of BC

Vancouver Police Department

Medicine Hat Police Service

Victoria Police Department

National Police Federation

Part of C5 Group’s NATIONAL SECURITY CONFERENCE PORTFOLIO

A

dynamic look at how policing is progressing in Canada. From the national rollout of Body Worn Cameras and the implementation of DEMS to support it, from amendments to provincial Police Act and firearms legislations to the ongoing commitment to uphold the Canadian Charter of Rights and Freedoms, CI’s 14th Annual Conference on Law of Policing, Western Edition focuses on the most critical policies and procedures affecting police and law enforcement agencies.

Here are just some of the timely topics we will delve into this year: Check Digital Evidence Management: Crown Perspectives for Meeting Heightened Expectations for Digital Evidence Sharing and Integrity Check Roundtable Discussion on Emerging Charter Challenges Affecting Police Operations Check Clarifying the Latest Changes to Confidential Informants and Privilege in the Crime Stoppers Program Check Navigating A Surge Complaints and Parallel Complaints to Oversight Bodies Benefit from practical pre-conference workshops on November 6th:

EARN CPD CREDITS

Legal Accreditation

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. Members will also receive an additional 1.5 Practice Management hours and 1 Professional Wellness hour, as well as 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

S Substantive

WORKSHOP A: How to Manage Employee Performance and When to Escalate to a Discipline Investigation

PM Practice Management

WORKSHOP B: Searches, Seizures, Detention Orders and Major Case Management

PW Professional Wellness

70%

Law Enforcement Professionals & Legal Counsel

14%

OUR AUDIENCE AT-A-GLANCE 12

34%

20%

Circle Federal Circle Local/Municipal Circle State/Provincial

47%

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57%

• Police Commissioners, Chiefs, Superintendents, and their Counsel • Professional Standards Directors and Investigators

%

11%

 Who Should Attend

Circle BC Circle AB Circle ON Circle Other

• 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

S Substantive Credit

PM Practice Management

Professional PW Wellness

Distinguished Faculty CONFERENCE CO-CHAIRS

Robert Fenton Director, Legal Services Calgary Police Service R. Kyle Friesen O.O.M. General Counsel, Legal Services Surrey Police Service Fiona Wilson M.O.M. Deputy Chief Constable Vancouver Police Department SPEAKERS

Blaine R. Beaven Senior Legal Counsel Saskatchewan Firearms Office Oren Bick Senior Counsel Public Prosecution Service of Canada Nathan Buckham Director, Strategic Technology & Corporate Projects BC Corrections, Ministry of Public Safety & Solicitor General David Butcher K.C. Partner Wilson Butcher LLP Neil Dubord O.O.M. Chief Constable Delta Police Department

REGISTER NOW

Rob Farrer Director Pacific/North Region National Police Federation Melissa Granum MBA Executive Director Surrey Police Board Brook Greenberg, K.C. Partner Fasken Martineau DuMoulin LLP Chair of the Mental Health Task Force Law Society of British Columbia Insp. Michael Heard Bureau Director, Criminal Intelligence Service, British Columbia, Yukon (CISBC/YT) RCMP Ryan Hira Legal Counsel Hira Rowan LLP Erin Hobday Legal Counsel Independent Investigations Office of BC Sgt. Gina Horley NCO – Confidential Informer and Agent Unit (CIAU) EDIV RCMP Jim Hughes Chief Legal Technology Counsel British Columbia Prosecution Service

CanadianInstitute.com/PoliceWest • 1 877 927 7936

Staff Sergeant Jake Hutton NCO i/c Professional Responsibility Unit (Conduct) “E” Division RCMP

Katherine Murphy Executive Director of Legal and Regulatory Services Calgary Police Service

Sgt. Jim Ingram Department Sergeant Major Delta Police Department

Elizabeth O’Grady Deputy Chief Federal Prosecutor, Calgary Regional Office Public Prosecution Service of Canada

Conor King Inspector Victoria Police Department Acting Inspector Brad Kline Forensic Sciences Branch Edmonton Police Service Norm Lipinski O.O.M. Chief Constable Surrey Police Service Acting Inspector Christian Lowe Internet Child Exploitation Unit, Special Investigation Section Vancouver Police Department David T. McKnight Partner Alexander Holburn Beaudin & Lang LLP Christine McLean Director of Labour and Employee Relations Vancouver Police Department S/Sgt. Mark McVicar Certified In House Counsel, Legal Risk & Management Officer Calgary Police Service

The Honourable Wally Oppal, K.C. Senior Counsel Boughton Law Corporation Martine Sallaberry General Counsel, Office of the Chief Medicine Hat Police Service Harj Sidhu, M.O.M Deputy Chief Delta Police Department Sgt. L.C. Lewis Stone Acting NCO i/c, EDIV Operations NCO of the Confidential Informant Analysis Unit (CIAU) RCMP Insp. Derek P. Thibodeau OIC Professional Responsibility Unit “E” & “M” Division, RCMP Kevin Westell Principal Pender Litigation LLP President/Chair Canadian Bar Association, Criminal Justice

Part of C5 Group’s NATIONAL SECURITY CONFERENCE PORTFOLIO

workshops are in-person Only

Monday, November 6, 2023 8:00

12:30

Registration Opens

Registration Opens

PRE-CONFERENCE WORKSHOP A

PRE-CONFERENCE WORKSHOP B

8:30 – 12:00

How to Manage Employee Performance and When to Escalate to a Discipline Investigation: Contrasting the Police Acts and Labour Law Considerations

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microphone-alt Insp. Derek P. Thibodeau, OIC Professional Responsibility Unit, “E” & “M” Division, RCMP Staff Sergeant Jake Hutton, NCO i/c Professional Responsibility Unit (Conduct), “E” Division RCMP 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.

Part I: Taking stock of emerging complaints • Analyzing the most common complaints against officers, including: » Validating the complaint » Gauging the level of severity » Performance actions taken against the officers » Actions communicated to the complainant and/or general public

1:00 – 4:30

Searches, Seizures, Detention Orders and Major Case Management: Staying within the Parameters of the Canadian Charter of Rights and Freedoms and How to Operate under Stricter Court Procedures

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microphone-alt Martine Sallaberry, General Counsel, Office of the Chief, Medicine Hat Police Service Erin Hobday, Legal Counsel, Independent Investigations Office of BC 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:

Part I: Production Orders and Search Warrants • The scope of the expectation of privacy for search and seizure • 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

Part II: Detention Orders

Part II: Triaging Complaints

• A close look at how Detention Orders are being more strictly enforced under section 490 of the Criminal Code

• Conducting a discipline investigation under the provinces’ respective Police Service Act and Police Act

• Discover key trends in Charter challenges surrounding section 490 orders

• Triaging workplace complaints against a police employee • Actions to resolve employee conflicts and/or performance challenges internally • Examining the threshold for escalating a performance challenge to a discipline investigation • Best practices for “no contact provisions” • Examining specific challenges for employees under probation • Determining the threshold for dismissal

Part III: Action Items

• Applying the legal requirements for police to keep detained items, with a focus on more than 90 days

Part III: Bill S-4 • Clarifying the changes to Criminal Code procedures for obtaining judicial authorizations through phone (old telewarrants) and the new notice requirements • 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

• 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

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S Substantive Credit

PM Practice Management

Professional PW Wellness

Very positive experience. Opportunity to liaise with other Board members, police professionals and lawyers on common issues and challenges.

Tuesday, November 7, 2023 DAY ONE

7:45

MARKUS CHAMBERS, CITY OF WINNIPEG

Registration and Refreshments Served

11:30

Responding to Frivolous and Vexatious Complaints and Proceedings Before Courts and Administrative Tribunals

8:45

Opening Remarks from the Co-Chairs

microphone-alt Robert Fenton, Director, Legal Services, Calgary Police Service

microphone-alt Fiona Wilson M.O.M., Deputy Chief Constable, Vancouver Police Department R. Kyle Friesen O.O.M., General Counsel, Legal Services, Surrey Police Service Robert Fenton, Director, Legal Services, Calgary Police Service 9:00

A Look at BC and Alberta’s Police Act Amendments

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• Responding to the rise of self-represented litigants in civil matters: The Latest Lessons Learned

• Fighting the complaint on principal versus settling a file where there is no legal wrongdoing

MODERATOR:

• Ignoring a complaint vs. default judgement

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

The Real Threshold for Laying Charges Against Officers: Common Misconceptions and Clarifying What Does (and Doesn’t) Merit Charges

Police departments are experiencing a rise in complaints resulting in civil action. Although not every complaint is thought to have validity, all complaints must receive a police response. Some complainants have the added complexity of a mental health challenge. This session will address complaints against police and municipalities resulting in civil matters as it pertains to selfrepresented litigants.

• Reconciling processes stacking, when a complaint arising from a single incident is brought to civil action, public complaints process and human rights complaints

microphone-alt Katherine Murphy, Executive Director of Legal and Regulatory Services, Calgary Police Service

9:30

• Strategies for engaging with self-represented litigants and defending the police and city

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microphone-alt David Butcher K.C., Partner, Wilson Butcher LLP

• Communicating the legality to city council members or police board members • Meeting the expectation for access to justice and how the court process pertains to selfrepresented litigants 12:15

Networking Luncheon for Speakers and Delegates

Rob Farrer, Director Pacific/North Region, National Police Federation Ryan Hira, Legal Counsel, Hira Rowan LLP This session will look at the acquittal of former RCMP officer Edward Paul Mittlesteadt, the decision behind B.C. Prosecution Service to lay charges in February 2022, and the judge’s declaration of “insufficient evidence.” This panel will discuss the broader takeaways and special considerations affecting pending and future cases. We will also look at key case law, including Rex vs. Mittlesteadt, Regina vs. Mason, 2022 BCPC 285, and Rex vs. Tsonos, 2022 BCPC 265.

10:15

Networking Refreshment Break

10:45

The Newest National Perspectives on Firearms Legislative Reforms – and Practical Takeaways

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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: SponsorInfo@CanadianInstitute.com

microphone-alt Blaine R. Beaven, Senior Legal Counsel, Saskatchewan Firearms Office • Federal Gun Reform: BILL C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) • Implications on the proposed Alberta Firearms Act (2023), Bill 8 • Saskatchewan Firearms Act (2022)

REGISTER NOW

CanadianInstitute.com/PoliceWest • 1 877 927 7936

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Part of C5 Group’s NATIONAL SECURITY CONFERENCE PORTFOLIO

1:30

• Examining Section 9, arbitrary detention and imprisonment, and how it differs from Section 10 • Analyzing a person’s right to retain counsel without delay • Interacting with people with disabilities or marginalized groups within the parameters of Section 15

• Internal and external communication best practices: The police service, the association and the public • Creating positive police branding locally, provincially and nationally and responding to negative branding, both from international and domestic influences • How to respond quickly and effectively

4:00

Interview: Effective Police Communication Strategies in the Wake of the Mass Casualty Report

2:00

PM

DIGITAL EVIDENCE MANAGEMENT PART I DEMS Digital Evidence Management Systems and Electronic Disclosure

microphone-alt Acting Inspector Christian Lowe, Internet Child Exploitation Unit, Special Investigation Section, Vancouver Police Department Sgt. Jim Ingram, Department Sergeant Major, Delta Police Department

Networking Refreshment Break

3:00

Roundtable Discussion on Emerging Charter Challenges Affecting Police Operations microphone-alt S/Sgt. Mark McVicar, Certified In House Counsel, Legal Risk & Management Officer, Calgary Police Service Oren Bick, Senior Counsel, Public Prosecution Service of Canada • Exploring rights under Section 10, arrest and detention, and how practices are evolving or remaining the same amid ongoing “carding” conversations

microphone-alt Norm Lipinski O.O.M., Chief Constable, Surrey Police Service R. Kyle Friesen O.O.M., General Counsel, Legal Services, Surrey Police Service The Honourable Wally Oppal, K.C., Senior Counsel, Boughton Law Corporation Melissa Granum MBA, Executive Director, Surrey Police Board BC’s Minister of Public Safety and Solicitor General announced in July 2023 that the City of Surrey will maintain a municipal police service and not revert back to an RCMP-only police service.

This session will compare and contrast the transition plans, timelines and budgets:

• Collecting and preserving evidence • Securing the evidence trail • Authenticating digital evidence obtained from private citizens • What constitutes manipulated digital evidence • Presenting digital evidence in court 2:45

Case Study: An Update on Surrey Municipal Police Transition Projects

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• 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 • Managing active investigation files amid the transition 4:45

Closing Remarks from the Co-Chairs Conference Adjourns

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S Substantive Credit

PM Practice Management

Professional PW Wellness

Wednesday, November 8, 2023

I loved all the speakers and the engaging topics.

DAY TWO

7:30

DANIEL FREIHEIT, LION LAW

10:30

Registration and Refreshments Served

Case Study: Emerging Challenges with the Implementation and Scaling of Body Worn Cameras (BWC)

7:55

Opening Remarks from the Co-Chairs 8:15

Early Riser: Fostering Healthy Workplaces and Professional Wellness

microphone-alt Neil Dubord O.O.M., Chief Constable, Delta Police Department PW

Join this Frequently Asked Questions session as we delve into the implementation of Body Worn Cameras at Delta Police Department, due to enter its fourth stage of implementation in 2024.

Hear success stories and lessons learned.

microphone-alt Brook Greenberg, K.C., Partner, Fasken Martineau DuMoulin LLP Chair of the Mental Health Task Force, Law Society of British Columbia Police recruitment and retention continues to be a top concern for departments across the country.

Designed to assist legal counsel and police officers to detect, prevent or respond to substance abuse, mental health or stress-related issues affecting professional competence and the fulfillment of a lawyer’s ethical and professional duties. Join this early morning session as we focus on the impact on the quality of legal and law enforcement services provided to the public-and how to how to be a positive leader for your team, motivate your colleagues and prevent toxic atmospheres.

9:15

A Year in Review of Drug Decriminalization in BC and the Potential Implications for Other Provinces

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microphone-alt Conor King, Inspector, Victoria Police Department Fiona Wilson M.O.M., Deputy Chief Constable, Vancouver Police Department Following Health Canada’s approval of an exemption request, in January 2023, people in British Columbia can legally carry up to 2.5 g of fentanyl and other illegal drugs. This session will review the empirical evidence gathered since the implementation, and what can be gleaned for law enforcement operations and liability.

• How has the change impacted police operations • How officer safety has been affected in the last year • Determining the liability police face if a person released from custody overdoses, or if a person not taken into custody then overdoses 10:00

Networking Refreshment Break

Harj Sidhu, M.O.M, Deputy Chief, Delta Police Department

• Where to begin the processes and implementations • How to implement organically, roll out the program and scale up the program, including: » When to deploy BWC, when to use BWC, how to use BWC and how they are applied in accordance with the policy • How to meet the commitments for the program and align with the community and other stakeholder expectations • Securing approval with the community, stakeholders, police board, and how to get support • How to implement software that will integrate with BWC, drones and LPRs • How to build and update changing policies and procedures 11:15

DIGITAL EVIDENCE MANAGEMENT PART II Crown Perspectives for Meeting Heightened Expectations for Digital Evidence Sharing and Integrity

microphone-alt Nathan Buckham, Director, Strategic Technology & Corporate Projects, BC Corrections, Ministry of Public Safety & Solicitor General Jim Hughes, Chief Legal Technology Counsel, British Columbia Prosecution Service Elizabeth O’Grady, Deputy Chief Federal Prosecutor, Calgary Regional Office, Public Prosecution Service of Canada • Collaborating and sharing information among partner organizations • Presenting digital evidence in court, from emails, text messages and social media posts to photo and video documentation • Exploring the admissibility of recordings from smart devices, such as Google Home, Siri, Amazon Echo • Ensuring the integrity and authenticating the evidence • Meeting the need for a right to a speedy trial amid an increase in evidence and procedures 12:00

REGISTER NOW

CanadianInstitute.com/PoliceWest • 1 877 927 7936

PM

Networking Luncheon

Part of C5 Group’s NATIONAL SECURITY CONFERENCE PORTFOLIO

3:45

1:00

microphone-alt Insp. Michael Heard, Bureau Director, Criminal Intelligence Service, British Columbia, Yukon (CISBC/YT), RCMP

microphone-alt Christine McLean, Director of Labour and Employee Relations, Vancouver Police Department

Acting Inspector Brad Kline, Forensic Sciences Branch, Edmonton Police Service • Examining how genetic genealogy techniques are being used to solve cold cases • Recent breakthroughs in advancing historical cases with a look at the “Babes in the Wood” case in Vancouver, 1947 • Using DNA phenotyping, predicting a person’s • appearance to create a composite sketch, with a look at the murder of Edgar (Iggy) Leonardo, Vancouver, 2003 • Exploring rapid results DNA technology, how it works, how it can be applied to cases, and the pros and cons • Weighing the pros and cons of media releases

The Real-Life Impact of the BC and Alberta Police Act Amendments: Perspectives on How They Will Change the Course of Police Conduct Disciplinary Hearings

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Robert Fenton, Director, Legal Services, Calgary Police Service • Establishing an independent commission to manage complaints and conduct disciplinary proceedings • Mandating the creation of civilian governing bodies for communities policed by RCMP Networking Refreshment Break

3:00

Clarifying the Latest Changes to Confidential Informants and Privilege in the Crime Stoppers Program microphone-alt Sgt. L.C. Lewis Stone,Acting NCO i/c, EDIV Operations NCO of the Confidential Informant Analysis Unit (CIAU), RCMP

This session will look at challenges arising from handling an increased number of complaints against police officers, as well as single complaints filed with multiple oversight bodies, and best practices for processing complaints.

• Exploring how grievances and arbitrations interface with BC Police Act Div 3 and 6 complaints • Analyzing the processes involved with Human Rights complaints and grievance/arbitration processes that are filed concurrently with a Police Act complaint • Calculating indemnification • Addressing protracted delays, including where complaints were filed years ago, or in relation to an incident that has long passed 4:30

Closing Comments from the Co-Chairs, Conference Concludes

microphone-alt Kevin Westell, Principal, Pender Litigation LLP President/Chair, Canadian Bar Association, Criminal Justice

2:45

David T. McKnight, Partner, Alexander Holburn Beaudin & Lang LLP

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Upcoming Events

1:45

October 4 – 5, 2023 Toronto, ON

February 27 – 28, 2024 Toronto, ON

Sgt. Gina Horley, NCO – Confidential Informer and Agent Unit (CIAU), EDIV RCMP • How Crime Stoppers tips are used by police and Crown Counsel • Clarifying program changes including updated policies for information management • Case Law – Specific to Informers / Crime Stoppers • Exploring the “Mosaic Effect” • Current RCMP interim measures for risk mitigation and risk assessments

May 2024 Toronto, ON

• CS Tip Examples / Exercises

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Navigating A Surge in Complaints and Parallel Complaints to Oversight Bodies

Innovations in Investigative Techniques

S Substantive Credit

PM Practice Management

Professional PW Wellness

Venue Information Sheraton Vancouver Guildford ADDRESS: 15269 104th Ave, Surrey, BC V3R 1N5 PHONE:

1-800-587-3038

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To take advantage of these rates, please contact the hotel directly and quote “CI’s Law of Policing West”.

Please note that the guest room block cut-off date is October 16, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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Robert Fenton

Director, Legal Services Calgary Police Service

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General Counsel, Legal Services Deputy Chief Constable Surrey Police Service Vancouver Police Department

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