Join a top tier, multi-disciplinary faculty from across Canada who will give you practical and critical insights into:• The scope of authority and roles of external police oversight agencies,
counsel and associations
• Identifying the line between proper use of force, de-escalation and possible criminal liability of an officer
• Review of the different rights applying to an officer as subject of an investigation and/or as a witness in administrative and criminal proceedings
• Suspect apprehension pursuits; legal issues and liabilities
• Current leading issues in prosecuting and defending police officers in criminal cases and in disciplinary proceedings
• Maneuvering the minefield of parallel legal proceedings
Register today at:
osgoodepd.ca/policing
Program ChairsPeter Scrutton, Justice Prosecutions Unit, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Inspector Kevin Cyr, LL.M., Royal Canadian Mounted Police, Surrey, British Columbia
Peter Brauti, Brauti Thorning Zibarras LLP
Program DetailsDATE AND TIMESeptember 29, 20179:00 a.m. – 4:30 p.m. EDT In Person or Webcast
LOCATIONOsgoode Professional Development1 Dundas St. West, 26th FloorToronto, ON
MEETING THE LEGAL CHALLENGES OF POLICING IN CANADA
8:15 a.m.
Registration and Continental Breakfast
9:00 a.m.
Welcome and Introduction from the Chairs
9:05
External Oversight Agencies; How They Work and How They Should Work
Peter Scrutton, Justice Prosecutions Unit, Crown Law Office-Criminal, Ministry of the Attorney General, Ontario (Moderator)
Tony Loparco, Director, Ontario Special Investigations Unit
Gerry McNeilly, Director, Office of the Independent Police Review (Ontario)
Inspector Peter Callaghan, Toronto Police Service Professional Standards
George Cowley, Counsel, Toronto Police Association
• Information sharing among police forces; limitations and privacy issues
• Scope of officer and police agency’s duty to co-operate with an investigation
• Different rights in administrative vs criminal investigative contexts
• Role of counsel
• Role of the associations
• Scope of police agency’s duty to co-operate with investigations and potential dispute resolution – judicial order, litigation
Issues relating to ‘on the ground’ policing, proper use of
force by officers and appropriate remedies when boundaries
are breached are front and centre today. How much police
oversight is needed? How much is too much, fettering law
enforcement’s ability to carry out its lawful duties? How to
strike the right balance?
A widely respected faculty will offer guidance on key
challenges facing those involved in the oversight and
management of law enforcement bodies, the officers
themselves and the Canadian justice system. This conference
will be a forum for robust discussion and an opportunity to
ask your questions and make your comments.
Who Should Attend?• Police Chiefs and senior police executives
• Law Enforcement officers
• Police Professional Standards Investigators
• Police oversight agencies
• Civilian police commissions
• Police trainers
• Lawyers -criminal, civil and regulatory
• In house counsel for police departments
• Police association executives and lawyers
AgendaMeeting the Legal Challenges of Policing in Canada
© Osgoode Professional Development, 2017
Register today at:
osgoodepd.ca/policing
Don’t Miss the Keynote Presentation Independent Police Oversight Reviewer, The Hon. Justice Michael H. Tulloch and Review Counsel
12:45
Keynote Panel
“Enhancing the Efficacy and Transparency of Police Oversight”
The Hon. Justice Michael H. Tulloch Court of Appeal of Ontario, Independent Reviewer, Independent Police Oversight Review, Government of Ontario
Jamie Klukach, Crown Law Office-Criminal, Ministry of the Attorney General Ont., Counsel to Independent Review
Danielle Robitaille, Henein Hutchison LLP, Counsel to independent Review
1:30
Police Use of Force and De-escalation
Inspector Kevin Cyr, LL.M., RCMP (Moderator)
Ian Bulmer, Deputy Director, Crown Law Office –Criminal, Ministry of the Attorney General, Ontario
Peter Brauti, Brauti Thorning Zibarras
Judith Andersen, Assistant Professor, Department of Psychology, University of Toronto
Staff Sgt. Jim Farrell, In Service Training Section, Toronto Police College
• Current state of the law on use of force
• Relationship between S. 25 Criminal Code and the amended self-defence provisions
• Relevance of de-escalation to the question of criminal liability
• Changes to police use of force training in the context of mentally disturbed individuals
• Value of use of force experts called by Crown and defence and limits of their testimony
• Interplay between different oversight bodies and prosecutions and practical impact of parallel disciplinary and criminal proceedings
• Effects of investigations on an officer as the subject of a proceeding or a witness
10:30
Refreshment Break
10:45
Hottest Current Issues In Prosecuting and Defending Police in Criminal and/or Disciplinary Proceedings
Peter Brauti, Brauti Thorning Zibarras (Moderator)
Jason Nicol, Justice Prosecutions Unit, Crown Law Office-Criminal, Ministry of the Attorney General, Ontario
Lawrence Gridin, Brauti Thorning Zibarras
Brendan van Niejenhuis, Stockwoods LLP Barristers
Marianne Wright, Counsel, Toronto Police Service
Chief Superintendent Bernard Murphy Bureau Commander of Professional Standards,OPP
• Crown use of subject officer generated materials (notes, willsays, testimony from parallel proceedings)
• Practical effects of related proceedings including multi-party disclosure issues
• Impartiality of adjudicator and other procedural and ethical concerns
• Issue of other parties having standing in proceedings
• Range of penalties for officers
• Implications beyond the formal proceedings for those involved as subject or a witness
12:00
Networking Luncheon
2:45
Refreshment Break
3:00
Suspect Apprehension Pursuits: Legal Issues and Liabilities
Peter Scrutton, Justice Prosecutions Unit, Crown Law Office – Criminal, Ministry of the Attorney General Ontario (Moderator)
Tony Loparco, Director, Ontario Special Investigations Unit
Kevin Brosseau, Deputy Commissioner RCMP, Ottawa, LLB, LLM (Harvard)
Joseph Markson, Markson Law Professional Corporation
Kevin McGivney, Borden Ladner Gervais LLP (counsel to police agencies)
• Legal standard for dangerous driving and criminal negligence in the police context
• Examination of suspect pursuit regulations and attendant police policies
• Impact of GPS, AVL ( automatic vehicle location), in-car cameras, police college driving and training instruction and service training
• Impact of related civil proceedings
4:30
Program Concludes
ChairsPeter Scrutton, Justice Prosecutions Unit, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Inspector Kevin Cyr, LL.M., Royal Canadian Mounted Police, Surrey, British Columbia
Peter Brauti, Brauti Thorning Zibarras LLP
Keynote PanelThe Hon. Justice Michael H. Tulloch Court of Appeal of Ontario, Independent Reviewer, Independent Police Oversight Review, Government of Ontario
Jamie Klukach, Crown Law Office-Criminal, Ministry of the Attorney General Ont., Counsel to Independent Review
Danielle Robitaille Henein Hutchison LLP, Counsel to independent Review
Faculty IncludesJudith Andersen, Assistant Professor, Department of Psychology, University of Toronto
Deputy Commissioner Kevin Brosseau, LLB, LLM (Harvard), RCMP, National Division
Ian Bulmer, Deputy Director, Crown Law Office-Criminal, Ministry of the Attorney General (Ontario)
Inspector Peter Callaghan Toronto Police Service Professional Standards
George Cowley, Counsel, Toronto Police Association
Staff Sgt. Jim Farrell, In Service Training Section, Toronto Police College
Lawrence Gridin, Brauti Thorning Zibarras LLP
Tony Loparco, Director, Ontario Special Investigations Unit
Joseph Markson, Markson Law Professional Corporation
Kevin McGivney, Borden Ladner Gervais LLP
Gerry McNeilly, Director, Office of the Independent Police Review (Ontario)
Chief Superintendent Bernard Murphy, Bureau Commander of Professional Standards,OPP
Jason Nicol, Justice Prosecutions Unit, Crown Law Office-Criminal, Ministry of the Attorney General (Ontario)
Brendan van Niejenhuis Stockwoods LLP
Marianne Wright, Counsel, Toronto Police Service
Registration DetailsFee per Delegate Early Bird Price (until June 30, 2017): $420 plus HST Regular Price: $495 plus HST
Fees include attendance, program materials, continental
breakfast, lunch and break refreshments. Group discounts are
available. Visit www.osgoodepd.ca/group-discounts for details.
Please inquire about financial assistance.
Program Changes We will make every effort to present the program as advertised,
but it may be necessary to change the date, location, speakers
or content with little or no notice. In the event of program
cancellation, York University’s and Osgoode Hall Law School’s
liability is limited to reimbursement of paid fees.
Cancellations and Substitutions Substitution of registrants is permitted at any time. If you are
unable to find a substitute, a full refund (less $75 administration
fee) is available if a cancellation request is received in writing 5
days prior to the program date. No other refund is available.
OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC.
Eligible CPD/MCLE Hours: LSUC (ON): 6h 45m CPD Hours (1h 15m Professionalism; 5h 30m Substantive)
OsgoodePD programs may be eligible for CPD/MCLE credits in other Canadian jurisdictions. To inquire about credit eligibility, please contact
Meeting the Legal Challenges of Policing in Canada
Register today at:
osgoodepd.ca/policing
osgoodepd.ca
416.597.9724
@OsgoodePD
Osgoode Professional Development
1 Dundas Street West, Suite 2600
Toronto, ON Canada M5G 1Z3