The must-attend policing event for in-house counsel and professional standards officers
15th Annual
LAW OF POLICING CONFERENCE
November 6 & 7, 2024
Delta Hotels Burnaby Conference Centre, Burnaby, BC
The leading event on the most critical challenges affecting legal counsel and professional standards officers in law enforcement.
Conference Co-Chairs
Robert Fenton, K.C. Director, Legal Services
Calgary Police Service
R. Kyle Friesen, O.O.M. General Counsel, Legal Services
Surrey Police Service
Superintendent Alison Laurin
CFSEU_BC
Vancouver Police Department
2024 Agenda Highlights
Civilian Oversight: Priorities for Improving Police Accountability and Public Accessibility
Prabhu Rajan
Police Complaint Commissioner Office of the Police Complaint Commissioner, BC
With Participation From:
• British Columbia Crown Counsel Association
• Calgary Police Service
• City of Grande Prairie
• Edmonton Police Service
• Grande Prairie Police Service
• Independent Investigations Office of BC
• Justice Institute of British Columbia
• Kwantlen Polytechnic University
• National Police Federation
EARN CPD HOURS
Intersection of AI in Police Investigations and Breach of Public Trust Law
Christopher Hinkson Chief Justice, (Ret.) B.C. Supreme Court
• Office of the Police Complaint Commissioner
• RCMP
• RCMP External Review Committee
• Restorative Justice Association of BC
• Simon Fraser University
• Surrey Police Service
• Vancouver Police Department
• Victoria Police Department
Exhibitor
OUR AUDIENCE AT-A-GLANCE
LEGAL ACCREDITATION
This 2-day conference program can be applied towards 9 of the 9 substantive hours, plus 1 hour of professionalism credits of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 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
It was a great conference with a wide variety of relevant topics discussed throughout, including the workshops. Thank you for your work in putting this together!
John Corbett Camrose Police Service
It was very well organized. A good variety of obviously knowledge presenters. Topics were interesting. Venue was great.
Michael Sondermann, Manager of Human Relations Tsuut’ina Nation Police Service
Excellent experience, mixture of presenters. Panel discussion was engaging. Gurmakh Parmar, Inspector RCMP Surrey
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
Meet Our Speakers
CONFERENCE CO-CHAIRS
Robert Fenton, K.C. Director, Legal Services Calgary Police Service
R. Kyle Friesen, O.O.M. General Counsel, Legal Services Surrey Police Service
Superintendent Alison Laurin CFSEU_BC
Vancouver Police Department
DISTINGUISHED FACULTY
Dr. Alana Abramson, Ph.D. (she/her)
Faculty, Department of Criminology Kwantlen Polytechnic University Co-chair, Restorative Justice Association of BC
Martin Allen General Counsel
Independent Investigations Office of BC
Simon Authier Legal Advisor
Vancouver Police Department
Inspector S.K. (Sunny) Bhangu Officer in Charge, "E" and “M” Division Professional Responsibility Unit RCMP
Galib Bhayani M.O.M., MSM
Chief Safety and Risk Officer Simon Fraser University (Ret.) Chief Supt. RCMP
Keith Blake Chief of Police Tsuut'ina Nation Police Service
S/Sgt Jennifer Blizard Advisory NCO to the Officer In Charge Career Development Resourcing Services E Division RCMP
Steven M. Boorne Lawyer HHBG Lawyers
David G. Butcher K.C. Partner
Wilson Butcher Barristers
Superintendent Joe Brar Operational Support Division, Bureau of Community Policing
Calgary Police Service
Inspector Colin Brown Executive Service Division Victoria Police Department
Adam Dalrymple President
British Columbia Crown Counsel Association
Rob Farrer Vice-President
National Police Federation
Jamie Freeman City Solicitor, Legal & Risk Management Department City of Grande Prairie
Inspector Phil Heard Organized Crime Section Vancouver Police Department
Volker Helmuth
Legal Counsel & Risk Manager Delta Police Department
Christopher Hinkson Chief Justice (Ret.) B.C. Supreme Court
Erin Hobday
Legal Counsel
Independent Investigations Office BC
Sergeant Krista Hovde E Division Legal Application Support Team (LAST) RCMP
Louise Kenworthy K.C. Crown Counsel Prosecution Service of BC
Dwayne Lakusta Chief of Police Grande Prairie Police Service
Norm Lipinski, O.O.M., LL.B., M.B.A. Chief Constable Surrey Police Service
Insp. Lyndsay O’Ruaic M.O.M. Accredited Team Commander, OIC Behavioural Sciences Group, EDIV Major Crimes RCMP
Teresa Magee Legal Counsel Edmonton Police Service
Sgt. Mark McKinnell, M.O.M Delta Police Department President
Delta Police Association
John McNamee Chief Legal Officer
BC Coroners Service
Katherine Murphy Legal & Regulatory Services Division, Executive Director Calgary Police Service
Prabhu Rajan Police Complaint Commissioner Office of the Police Complaint Commissioner
Charles Randall Smith Chairperson RCMP External Review Committee
Vince Stancato Deputy Chief Coroner BC Coroners Service
Mary Teegee Executive Director, Child and Family Services Carrier Sekani Family Services President
BC Aboriginal Child Care Society
Supt. Derek Thibodeau Officer in Charge, Career Development Resourcing Section RCMP “E” Division
Caroline Verner General Counsel and Director of Operations
RCMP External Review Committee
Pre-Conference Workshops
November 5, 2024
8:30 a.m. – 12:00 p.m. (Registration opens at 8:00 a.m.)
Workshop A: Employee Performance and When to Escalate to a Discipline Investigation
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 speakerprepared reference materials for your work after the conference.
Part I: Taking Stock of Emerging Complaints
Inspector S.K. (Sunny) Bhangu Officer in Charge, "E" and “M” Division Professional Responsibility Unit RCMP
Sgt. Mark McKinnell, M.O.M
Delta Police Department President, Delta, Police Association
• 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
1:00 p.m. – 4:30 p.m. (Registration opens at 12:30 p.m.)
• Clarifying the threshold for escalating a performance challenge to a discipline investigation
• Best practices for “no contact provisions”
• Addressing 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
Workshop B: Your Guide to Searches & Seizures: Staying within the Parameters of the Charter and How to Operate under Stricter Court Procedures
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
Sergeant Krista Hovde E Division Legal Application Support Team (LAST) RCMP
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
* Lunch will be provided to delegates attending the morning and afternoon workshops.
Louise Kenworthy K.C. Crown Counsel Prosecution Service of BC
Main Conference Day One
November 6, 2024 PST
7:45 a.m. Registration and Breakfast
8:45 a.m. Opening Remarks from the Co-Chairs
Robert Fenton, K.C. Director, Legal Services Calgary Police Service
R. Kyle Friesen, O.O.M. General Counsel, Legal Services Surrey Police Service
Superintendent Alison Laurin CFSEU_BC Vancouver Police Department
9:00 a.m. The Present and Future of Note Taking: Examining Evolving Case Law Compelling an Officer to Take Notes and When Notes Can Be Used Against an Officer (and to What Extent)
This session will contrast how police notetaking is addressed across varying provincial laws, including when an officer is compelled to take notes, if the notes can be used in investigations against the officer, and if so, how and when the notes be used against the officer. Speakers will also address the nuances between notes taken in the course of a call for service compared to notes made following an incident, and statements made to an investigator.
• The scope of a police officer’s duty to assist (or not assist) an external investigation
• Case law analysis will include:
» Supreme Court. 2024 QCCA537, Procureur General du B c federation du Policier
» BC Coroners Service 2023 inquest into the death of Myles Thomas Gray
» Wood v. Schaeffer 2013 SCC 71 (CanLII)
» R. v. Schertzer, [2007] O.J. NO. 3560, 2007 CanLII 38577 (ON SC)
» R. v. Calleja, 2012 ONCJ 868, 2012 CarswellOnt 17492 (Westlaw), [2012] O.J. No. 6527 (QL)
» R. v. Sandhu, 2015 ONSC 1679 10:00 a.m.
• Anticipating how the changes will impact police departments
• How changes will affect police service boards, including how the board is constructed and the election of a board chair
• Changes to the police discipline process and what can be done informally versus a formal disciplinary process
• Defining which offences can now be captured under the new misconduct definition and comments that are disrespectful, or in violation of human rights
Inspector Colin Brown
Executive Service Division
Victoria Police Department
Martin Allen
General Counsel
Independent Investigations Office of BC
David G. Butcher K.C.
Partner
Wilson Butcher Barristers
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10:45
11:00 a.m. The Role of Police in Enforcement amid the Re-Criminalization of Drugs in BC
In May 2024, the federal government approved the B.C. Government’s request to recriminalize the use of illicit drugs in public places, less than a year into the pilot program. The exemption allowed adults to carry up to 2.5 grams of drugs for personal use without facing criminal charges under Health Canada’s Controlled Drugs and Substances Act.
• Clarifying the role of police amid recriminalization of illicit drug use in public places
• Delineating between public consumption of drugs versus private
• Balancing mental health treatment with the power of enforcement
• Identifying what data is available and the necessary data on substance use and safe supply diversion
11:45 a.m. Civilian Oversight: Priorities for Improving Police Accountability and Public Accessibility
Inspector Phil Heard Organized Crime Section
Vancouver Police Department
Prabhu Rajan Police Complaint Commissioner Office of the Police Complaint Commissioner
12:30
Complaints and Overcoming Institutional Delays
During this session, delegates will hear how the RCMP External Review Committee is now using a system for prioritizing and processing internal complaints. This session will also address institutional delays with a look at Bedard v. Canada (Attorney General), 2024 FC 570 (CanLII).
Charles Randall Smith Chairperson
RCMP External Review Committee
Caroline Verner
General Counsel and Director of Operations
RCMP External Review Committee
Jamie Freeman
City Solicitor, Legal & Risk Management Department City of Grande Prairie
• Lessons learned from the process of launching a new municipal police service and the differences between Surrey and Grande Prairie
• Analyzing the intent of the new service and how the leadership proposes to fulfill its mandate
• Examining how legislation and bylaws are allowing for the change in jurisdiction
• Initiatives for recruitment and retention
Dwayne Lakusta Chief of Police
Grande Prairie Police Service
Norm Lipinski, O.O.M., LL.B., M.B.A.
Chief Constable
Surrey Police Service
R. Kyle Friesen, O.O.M.
General Counsel, Legal Services
Surrey Police Service
In November 2024, Surrey Police Service is due to become the official police jurisdiction for the City of Surrey, a transition from federal to municipal policing. This session will look at both Surrey Police Service and the new Grand Prairie Police Service in Alberta.
3:00 p.m. Networking Break
3:15 p.m. HYPOTHETICAL
SCENARIOS
Protests and Bomb Threats: Revisiting the Role of Police on Campus and Collaborating with University Chief
Safety Risk Officers
• Procedures to address large-scale events that could become violent such as convocation, protests and encampments: When are police wanted and needed on campus
• Information sharing between the university, the city and the police, and when do you need a production order
• When does academic freedom transcend safety and vice versa
Galib Bhayani M.O.M., MSM Chief Safety and Risk Officer Simon Fraser University (Ret.) Chief Supt. RCMP
4:00 p.m. The Verdict on Criminal vs. Restorative
Justice in Sexual Assault Cases
• Identifying which cases are appropriate for criminal actions versus restorative action
• Comparing crown perspectives versus police perspectives for laying charges, and when alternate measure is appropriate
• Determining whether sexual assault cases are successfully resolved through a restorative justice initiatives
• Criminal Code amendments and disclosure obligations
• Applying for private records
• Ethical techniques to interviewing sexual assault complainants and lessons learned from R. v. Ghomeshi, (2016) ONCJ
• Identifying problems with a complainant’s statement and when an officer can decide not to accept the complaint’s statement
5:00 p.m. Closing Remarks from the Co-Chairs
Dr. Alana Abramson, Ph.D. (she/her) Faculty, Department of Criminology Kwantlen Polytechnic University Co-chair, Restorative Justice Association of BC
Adam Dalrymple President British Columbia Crown Counsel Association
Insp. Lyndsay O’Ruaic M.O.M. Accredited Team Commander, OIC Behavioural Sciences Group, EDIV Major Crimes RCMP
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Main Conference Day Two
November 7, 2024 PST
8:00 a.m. Opening Remarks from the Co-Chairs
8:05 a.m.
EARLY RISER: Recruitment and Retention
Join this early riser session for an interactive discussion on police strategies for recruitment and retention from the organization to micro level.
• Overcoming recruitment challenges and combating public perceptions
• Embedding learning, talent, career mobility and development into organizational strategies
• Administering one-on-one conversations to keep employees engaged
• Interacting with officers in crisis, and officers facing complaints and disciplinary action
• Incorporating Equity, Diversity and Inclusion in the organization
• Addressing onboarding and training hurdles
• Effective strategies for retention
9:00 a.m.
S/Sgt Jennifer Blizard Advisory NCO to the Officer In Charge Career Development Resourcing Services E Division RCMP
Supt. Derek Thibodeau Officer in Charge, Career Development Resourcing Section RCMP “E” Division
The Intersection of AI in Police Investigations and Breach of Public Trust Law
• Ensuring that confidential or personal information of citizens is treated with integrity
• Delineating when it is ethical to use personal information for AI inputs – right to privacy versus public safety
• Determining how to fence data for specific purposes and ensuring it is not accessed for inappropriate purposes
• When AI uses are inappropriate, who is at fault and what does professional negligence look like in the AI context
• What can be predicted via AI and how will it be used for investigations
• Ensuring a human being will oversee, validate and corroborate AI data and usage
• How can counsel use AI, and assess evidence derived from AI
10:00 a.m.
Hypothetical Scenarios & Live Polling: Evolving Case Law in McNeil Disclosure and Expungement
This session will look at the Supreme Court of Canada’s decision in R. v. McNeil (2018), which addresses the disclosure of a police employee’s misconduct and Crown Counsel’s Duty to Make Reasonable Inquiries.
• Examining the breadth and depth of McNeil disclosure as it pertains to sworn and civilian members
• Debating when expungement is relevant and when officer misconduct becomes irrelevant due to the passage of time, with a look at recent case law including R. v. McKee (2023) ABKB 698
• Balancing a police member’s privacy versus police transparency
10:45 a.m. Networking Break
Christopher Hinkson Chief Justice (Ret.) B.C. Supreme Court
Robert Fenton, K.C. Director, Legal Services Calgary Police Service
Teresa Magee Legal Counsel Edmonton Police Service
11:00 a.m. Keynote Address: Charter Rights and New Brunswick’s Involuntary Hospitalization Legislation
A look at involuntary detention or hospitalization under the New Brunswick Mental Health Act intended to provide “equal rights to appropriate care and treatment to a person whose mental illness puts them or other at substantial risk.”
• Safeguarding patient rights, including reason for detention, retaining legal counsel, medication, contacting relatives, etc.
11:30 a.m. Deaths in Custody – Prevention and Liability
Deaths in custody are at a 10-year high in prisons, according to a report by the British Columbia Coroners Service. It is estimated that 71 percent of all accidental deaths are due to unregulated drug toxicity.
This session will address best practices to prevent in-custody deaths in a police setting and the liability that flows from these deaths, including:
• Examining best practices employed by police agencies for housing prisoners
• Considering criminal liability following a death in custody incident, including organizational liability
• Discussing an officer’s duty to record the call for service vs. self-incrimination
Rob Farrer
Erin Hobday Legal Counsel Independent Investigations Office BC
Vince Stancato
Deputy Chief Coroner
BC Coroners Service
• Assessing the training gap for police officers, and considering whether police should have medical training
• Debating when someone should (or should not) be in custody
• Examining recommendations from BC Coroner’s inquests 12:15
John McNamee Chief Legal Officer
BC Coroners Service
• Comparing a discreditable conduct charge to other sanctions under Section 7.1 of the RCMP Code of Conduct and how specific charges affect the process
• The finer points of conducting an effective investigation
• The extent of legal obligations to investigate and assess credibility
• Active appeals amid a McNeil disclosure
• Case law review, including Metrolinx v. Amalgamated Transit Union Local 1587 (2024) 2:00 p.m.
• When drones can be used for investigative tasks and when it becomes search and seizure under the Criminal Code
• Determining when a warrant is needed, when a drone can be used, and for what purpose, from “eyes on the scene” to evidence being used in court
• Examining a person’s resealable expectation of privacy in the context of a drone’s capability
• Comparing Section 8 of the Criminal Code, Surveillance, as it pertains to crowd control and assessing threat
Steven M. Boorne Lawyer HHBG Lawyers
Katherine Murphy Legal & Regulatory Services Division, Executive Director
Police Service
Simon Authier
Volker Helmuth
Legal Counsel & Risk Manager
Delta Police Department
The Supreme Court of Canada declared the federal law that gives control of child welfare services to First Nations, Inuit and Métis nations as constitutional in a February 2024 decision. This comes on the heels of the federal government’s Bill C-92, An Act Respecting First Nations, Inuit and Métis children, youth and families which gives control of child welfare services to individual communities.
• The role of police in applying federal law
• Comparing how the law will vary from nation to nation, and what that means for police services
• How the law will affect family court proceedings
4:00 p.m.
Mary Teegee Executive Director, Child and Family Services
Carrier Sekani Family Services President, BC Aboriginal Child Care Society
Keith Blake Chief of Police Tsuut'ina Nation Police Service
Gap Analysis and Lessons Learned from the Mass Casualty Report
This session will delve into how to conduct a gap analysis for implementing the recommendations from the Mass Casualty Commission, published March 2023.
• Implementing the five principles of effective critical incident response
• Ensuring emergency operational plans are current and utilized throughout all divisions
• Determining supervision during a critical incident response
• Clarifying the roles and responsibilities during a critical incident response
Superintendent Joe Brar
Operational Support Division, Bureau of Community Policing Calgary Police Service
• Commissioning an external expert review of initial critical incident response training for front-line supervisors
• Packing a critical incident commander “ready go duty bag”
• Ensuring an accredited critical incident commander assumes command as soon as possible
• Ensuring all staff have access to 911 call recordings at their desks
• Reviewing incident logging software to ensure that it allows call-takers and dispatchers to capture all information, and that standard operating procedures are implemented
4:45 p.m. Closing Comments from the Co-Chairs
Venue Information
Delta Hotels Burnaby Conference Centre
4331 Dominion Street, Burnaby, BC, V5G 1C7
Phone: 604-453-0750
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 8, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.
Book with Confidence!
Register and pay to lock in your early rate and be eligible for a full refund until October 25, 2024. 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 25, 2024.
