What is the matter with the

Transcription

1 Police Discipline in 2013 September 18 & 19, 2013 Delta Meadowvale Hotel & Conference Centre, Mississauga All sessions taking place in the Hazel McCallion Ballroom What is the matter PSA Matters with the PSA? Presented in partnership by

2 Police Discipline 2013 September 18 & 19, 2013 Issues surrounding police discipline are a constant challenge for police services and associations. Important interests and rights need to be balanced and protected. Police management, investigators, association executives, and counsel need to be aware of the latest trends, best practices and emerging case law in order to do their jobs effectively. The Ontario Association of Chiefs of Police and Police Association of Ontario are partnering on a conference to provide comprehensive updates on current issues in police discipline. Conference participants will be able to hear discussions on key topics and ask questions. Topics include the following: September 17, 2013 Hospitality Night 8:00-10:00 p.m. Registration Hazel McCallion Ballroom Foyer 8:00 10:00 p.m. Meet and Greet Britannia Room Sponsored By: Johnstone & Cowling LLP Johnstone & Cowling llp DAY 1: September 18, :00 a.m. Registration & Breakfast 8:30 8:40 a.m. Opening Remarks Chief Paul Cook President, OACP Ed Parent Chair, PAO Board 8:40 9: 20 a.m. Introduction to Discipline Nini Jones - Lawyer, Paliare Roland Rosenberg Rothstein LLP Starting on the same page: Understanding discipline and its purpose. Overview of the process from charge to appeal. Labour relations issues: Understanding roles and responsibilities. Agreed Statements of Facts and Joint Submissions on Penalty Alex Sinclair - Lawyer, Johnstone & Cowling LLP Joint submissions on fact and penalty: What s the process? Who should be involved? When can the Hearing Officer deviate from the joint submission? What are the options when he/she does?

3 9:20 10:20 a.m. Best Practices in the Investigation Process gavin May Legal Counsel, Ontario Provincial Police Association robert Johnson Inspector, Toronto Police Service What role should the Association play in the pre-charge process? The obligation to cooperate: Who has it? When does it kick in? What s the content? Audio and video taping interviews: What are the rules? Disclosure issues: How much and how soon? What happens when the investigation turns criminal? 10:20 10:40 a.m. Break 10:40 12:15 p.m. The Public Complaints Process OIPRD Andrew McKay Lawyer, Warren, McKay, Geurts, & Bellehumeur LLP Mike Shard Chief Superintendent, Ontario Provincial Police How does it work & how is it different? Informal resolution & mediation What s the status of the Customer Service Resolution Project? How is it working? What are the benefits? What are the risks? Directed Hearings What are the trends, the costs, and who should bear them? Third-party standing issues Civil suits: What are the implications when civil suits are pending? Criminal charges: What are the implications when criminal charges are pending? 12:15 1:00 p.m. Lunch 1:00 1:20 p.m. Penalties Update David Butt Lawyer, David Butt LLP David Migicovsky Lawyer, Perley-Robertson, Hill & McDougall LLP What are the factors? What are the trends? Are penalties increasing? Losing rank: What are the consequences and next steps? Does a resignation within seven days mean six days? What s the going rate? (CPIC breaches, impaired driving, etc.) Is there one? Should there be?

4 1:20 2:15 p.m. What s Happening with Rules? 2:15 2:30 p.m. Break Joanne Mulcahy Lawyer, Harry G. Black Q.C. Professional Corporation lynda Bordeleau Lawyer, Perley-Robertson, Hill & McDougall LLP Are there formal Rules of practice and procedure or not and how does a Hearing Officer end up with Rules? What are the benefits? What are the risks? Do Rules really speed the process or are they going to end up slowing it down even more? 2:30 p.m. Motions glen Donald Lawyer, Seabrook, Miller & Trudell LLP David Cowling Lawyer, Johnstone & Cowling LLP Disclosure motions: Making them & responding to them What should be disclosed and when should it be disclosed? Dealing with delays in the hearing process 9:00 p.m. Hospitality Britannia Room Sponsored By: Youngs Insurance Brokers

5 DAY 2: September 19, :00 a.m. breakfast 8:00-10:00 a.m. Discipline & Disabilities: A Complicated Mix James Girvin Legal Counsel, Ontario Provincial Police Association Stan MacLellan CAO, Durham Regional Police Service ian Johnstone Lawyer, Johnstone & Cowling LLP nini Jones - Lawyer, Paliare Roland Rosenberg Rothstein LLP Discussion of a broad range of hot topics that arise when discipline and disability intersect, such as: Occupational Stress Injuries and PTSD: Is it a defence or mitigating factor? Balancing the need for medicals with privacy concerns Accommodation issues Process issues when the subject or witness officer are too ill to attend the hearing Dealing with physicians and other experts 10:00-10:15 a.m. Break 10:15 12:15 p.m. Disciplinary Hearings as a Result of Major Incidents & Events lawrence Gridin Lawyer, Brauti, Thorning, Zibarras LLP Joseph Markson Lawyer, Markson Law Professional Corporation Chris Lewis - Commmisioner, Ontario Provincial Police What are the trends? Can the current process handle the load? What is the impact On Incident Command? On individual Commanders? On Officers being directed? Determining responsibility - who made the call and how was it carried out? When does investigative detention become a PSA offense? 12:15-1:15 p.m. Lunch 1:15 p.m. PSA Matters What is the Matter with the PSA? ian Roland Lawyer, Paliare Roland Rosenberg Rothstein LLP Matt Torigian - Chief, Waterloo Regional Police Service Is the PSA discipline process broken? Can it be fixed? What does the future hold?

6 8 Register online at Registration fees & accommodations September 18 and 19, 2013 Conference rate: $295 + hst Delta Meadowvale Conference & Hotel, Mississauga room rate: $149 / night Quote hotel code OACP Contact Information First Name Last Name Rank/Title Police Service / Company / Association Address City Province Postal Code Telephone Fax PAYMENT METHOD q Cheque (payable to OACP) Credit Card q Visa q MasterCard q American Express Card Number Expiry Date 3 digit Security Code on back of credit card Name of Cardholder Signature Please send payment together with your registration to: Ontario Association of Chiefs of Police, 40 College Street, Suite 605, Toronto, ON M5G 2J3 For more information, events@oacp.ca