14th Annual Law of Policing Conference - DS

EARN CPD CREDITS

14th Annual

LAW OF POLICING CONFERENCE

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

western edition

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

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)

With Participation from:

BC Corrections

British Columbia Prosecution Service

Calgary Police Service

Delta Police Department

Independent Investigations Office of BC

Medicine Hat Police Service

National Police Federation

Public Prosecution Service of Canada

RCMP

Saskatchewan Firearms Office

Surrey Police Service

Vancouver Police Department

Victoria Police Department

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

Adynamic 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

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.

Benefit from practical pre-conference workshops on November 6th:

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

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

 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

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

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

Conor King Inspector

Victoria Police Department

Jason Laidman

Deputy Chief of Administration

Victoria Police Department

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

Katherine Murphy

Executive Director of Legal and Regulatory Services

Calgary Police Service

Elizabeth O’Grady

Deputy Chief Federal Prosecutor, Calgary Regional Office Public Prosecution Service of Canada

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

8:00

Registration Opens

PRE-CONFERENCE WORKSHOP A

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

microphone-alt Insp. Derek P. Thibodeau, OIC Professional Responsibility Unit, “E” & “M” 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

Part II: Triaging Complaints

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

• 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

• 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

12:30

Registration Opens

PRE-CONFERENCE WORKSHOP B

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

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

• 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

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

Tuesday, November 7, 2023

DAY ONE

7:45 Registration and Refreshments Served

8:45

Opening Remarks from the Co-Chairs

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

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

MODERATOR:

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

9:30

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

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

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

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)

11:30

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

microphone-alt Robert Fenton, Director, Legal

Services, Calgary Police Service

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.

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

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

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

• Ignoring a complaint vs. default judgement

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

• 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

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

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

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

1:30

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

• 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

2:00

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

Jason Laidman, Deputy Chief of Administration, Victoria Police Department

• 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 Networking Refreshment Break

3:00

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

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

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

4:00

Case Study: An Update on Surrey Municipal Police Transition Projects

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:

• 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

C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed. Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.

Wednesday, November 8, 2023

DAY TWO

7:30 Registration and Refreshments Served

7:55

Opening Remarks from the Co-Chairs

8:00

Early Riser: Fostering Healthy Workplaces and Professional Wellness

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.

9:00

Keynote Address

9:30

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

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

10:15 Networking Refreshment Break

10:30

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

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

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

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.

• 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

PM

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 Networking Luncheon

I loved all the speakers and the engaging topics. DANIEL FREIHEIT, LION LAW

1:00

Innovations in Investigative Techniques

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

• 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

1:45

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

• 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

2:45 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

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

• CS Tip Examples / Exercises

3:45

Navigating A Surge in Complaints and Parallel Complaints to Oversight Bodies

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

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

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

Venue Information

Sheraton Vancouver Guildford

ADDRESS: 15269 104th Ave, Surrey, BC V3R 1N5

PHONE: 1-800-587-3038

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”.

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.

Book with confidence!

a full refund until October 26.

If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

All cancellations and changes must be submitted to CustomerService@CanadianInstitute.com by October 26.

Looking to Register?

In-Person: Main Conference – Law Enforcement

In-Person: Main Conference – Private Sector

Livestream: Main Conference – Law Enforcement

Livestream: Main Conference – Private Sector

In-Person Only: Workshop A – How to Manage Employee Performance and When to Escalate to a Discipline Investigation

In-Person Only: Workshop B – Searches, Seizures, Detention Orders and Major Case Management

Interested

If you choose to attend via livestream you can expect true interaction virtually from start to finish. Contact our

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