LAW ENFORCEMENT SERVICES

JANUARY 26, 2012

8:15

Registration and Continental Breakfast

9:00

Welcoming Remarks from Insight Information

9:05

Opening Remarks from the Chair

Joseph Markson 
Barristers & Solicitors
Joseph J. Markson Professional Corporation

9:15

Jurisprudence and Lessons Learned from Cases of Police Liability and Misconduct

James Kendik 
Crown Counsel
Deputy Director
Crown Law Office-Civil

• Review of the latest cases in the areas of negligent investigation, malicious prosecution and misfeasance in public office
• Discussion of the implication of Wellington v. Ontario (duty of care to victims of crime)
• Emerging trends including the duty to warn and the continuing legacy of Jane Doe

10:15

Networking Coffee Break

10:30

Engaging Citizens with Mental Health Conditions: Policing Issues from the Frontline to the Provincial Stage

Uppala Chandrasekera 
Planning and Policy Analyst
Canadian Mental Health Association Ontario

Sarah Burtenshaw 
COAST Mental Health Worker
Hamilton and Region CIT Coordinator

With recent incidences, questions have been raised regarding the police’s response tactics and encounters with the mentally ill. Mental health advocates have argued that more training should be done to give officers tools and strategies to better deal with such situations. Statistics show that one-third of police shootings in Canada involve people diagnosed or suspected with mental illnesses.

This session will demonstrate strategies that officers can use to recognize and engage individuals with mental health issues.

11:30

Overview of Criminal Cases Involving Police Officers – Case Law and Lessons Learned

Brian Gover 
Partner
Stockwoods LLP

• Section 7 of the Charter, the doctrine of abuse of process and police misconduct
• Exclusion of evidence under s. 24(2) of the Charter
• Perjury and police
• Limits on disclosure obligations: the police informer privilege
• Production of disciplinary records and criminal investigation files in the possession of the police: an update on R. v. McNeil, [2009] 1 S.C.R. 66

12:30

Networking Luncheon

1:45

Recent Changes and Emerging Issues in the Relationship Between the Special Investigations Unit and Police Services

Joseph Markson
Barristers & Solicitors
Markson Law Professional Corporation

The Director of the Special Investigations Unit is seeking to radically change the right to counsel of police officers in SIU investigations. As a Respondent before the Court of Appeal in the case of Schaeffer v. Ontario (Provincial Police), the Director argued that subject and witness officers should be prohibited from speaking to counsel before they complete their duty notes. Many in the policing community are increasingly concerned that the Special Investigations Unit is pursuing an agenda that undermines the rights of police officers and the relationship between the SIU and Police Services and Associations across Ontario. In this session, the following topics will be addressed:

• The common law, statutory and Charter rights to counsel of police officers in SIU investigations.
• Justice Lesage’s Report and the New Amendments to Ontario Regulation 267/10
• The status and implications of the case of Schaeffer v. Ontario (Provincial Police)
• Derivative use immunity and the use of police notes disclosed by the Crown in the prosecution of officers charged by the SIU
• Press releases by the Special Investigations Unit - has the SIU been crossing the line?
• Is the Director of the SIU accountable for alleged breaches of the Police Services Act? If so, what is the complaint process?
• Other emerging issues in the conduct of SIU investigations and the compliance of police services with the SIU Regulations.

2:45

Networking Refreshment Break

3:00

Civilian Accountability in Policing: The Echoes of Odhavji

Julian Falconer
Partner
Falconer Charney LLP

An overview of the current civil remedies available to civilians against police services and the direction of the courts in recognizing claims of the public against police.

• Causes of action against police services available to civilians
• Procedural bars to civil remedies against police services
• Other emerging issues in civilian accountability of police services

4:00

Critical Incident Stress Management – Encouraging the Force to Talk, Seek Treatment & Follow Wellness Plans

Stephen Kennedy M.Ed.
Senior Customer Relations Manager/Director, Strategic Growth
Homewood Human Solutions

• Recognizing the signs and symptoms of critical incident stress
• Encouraging officers to seek treatment
• Types of stress management assistance
• Benefits and options for early interventions after critical incidents
• Treatment options for front line officers and other respondents
• Effective wellness programs for officers
• Encouraging officers to follow wellness plans

5:00

Conference Adjourns for the Day

JANUARY 27, 2012

8:30

Continental Breakfast

9:00

Opening Remarks from the Chair

Roger Rowe 
Barrister & Solicitor

9:15

KEYNOTE PRESENTATION

Professional Standards and Effective Risk Management Strategies for Police Services

Deputy Commissioner Scott Tod
Ontario Provincial Police

10:15

Networking Coffee Break

10:30

Recent Trends and Key Decisions of the Human Rights Tribunal of Ontario – Police Services and Employment

Antonella Ceddia 
Litigation Lawyer
Office of the City Solicitor, City of Toronto

Michael Gottheil 
Executive Chair
Social Justice Tribunals Ontario

Bruce Best
Counsel
Human Rights Legal Support Centre

Patty Murray
Partner
Hicks Morley LLP

This panel will discuss key decisions of the Human Rights Tribunal of Ontario in the last two years, since the implementation of the amendments to Human Rights Code. Specific discussions will focus on four main areas:

• Policing as employment
• Policing as a service
• Effect of conduct investigation on proceedings before the tribunal
• Practices and procedures before the tribunal

12:30

Networking Luncheon

1:45

Staying Within the Confines of the Charter of Rights While Efficiently Doing Your Job – Are They Mutually Exclusive?

Reid Rusonik 
Senior Partner
Rusonik, O’Connor, Ross, Gorham & Angelini, LLP

• The Charter: it’s actually law
• In fact, it’s the supreme law
• Why obeying it matters so much
• Why disobeying it hurts so much
• Why it’s so easy to obey and still do the rest of your job

2:45

Networking Refreshment Break

3:00

The Truth About 208 Cards – Racial Profiling or Due Diligence?

Roger Rowe 
Barrister & Solicitor

208 cards are used by police as part of a strategy to record information about persons the police consider to be of interest. The 208 police stops occur in the context of both pedestrian stops and traffic stops. Police claim that the data they obtain by use of these cards are an invaluable tool in fighting crime – for example, in identifying known criminal associates, the whereabouts of known suspects and disproving false alibis. On the other hand, to many community residents, 208 cards are a form of racial profiling whereby certain sectors of the community are targeted for more police scrutiny than others and stopped more frequently on the basis of their race. The controversy remains, as the courts, the police and the public try to find a resolution we can all live with.

This presentation will attempt to discuss the pros and cons of the continued use of 208 cards by police and whether their use amounts to racial profiling or due diligence.

• 208 cards statistics and actual crime rates – is there any correlation?
• Do 208 cards serve as a crime deterrent?
• Pros and cons of 208 police stops
• Training and sensitizing strategies for police to not racially profile citizens

4:00

Bill C-10 –Its Introduction and Impact on Police Services

David Butt 
Barrister

• Content of the new crime bill
• Legal and constitutional challenges
• Responsibilities and implication for law enforcement

5:00

This program can be applied towards 7 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.

• Police Chiefs
• Superintendents
• Staff Sergeants
• Police Counsel
• Professional Standards Directors
• Police Discipline Adjustors

• Police Board Members
• Frontline Supervisors
• Duty Inspectors
• Police Associations
• Criminal Law Counsels
• Crown Attorneys

MARKETING PARTNER

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.