Urgent Legal Issues in Policing: Practical Strategies for Sr. Officers, Defence, Crown Lawyers and Civil Litigators 2022

Susan Reid
Crown Law Office-Criminal, Toronto, ON

Susan Reid
Crown Law Office-Criminal, Toronto, ON

Milan Rupic
Justice Prosecutions, Crown Law Office –Criminal, Toronto, ON

Panelists

Kevin Cyr
Inspector, RCMP, Vancouver, BC

Julian Falconer
Falconers LLP., Toronto, ON

Ronald MacDonald
Director of the Independent Investigations Office, Vancouver, BC

Jeff Manishen
Ross & McBride LLP, Hamilton, ON

Justin Reid
Crown Law Office – Criminal, Toronto, ON

• The principles of “necessity, proportionality, and reasonableness”: does anyone know what they mean?
• “De‑escalation”: mandatory or discretionary?
• Justification under s. 25 and self‑defence under s. 34: is there still a difference?
• An officer’s duty to document the use of force: has the training caught up to the law?
• De‑escalation, and the reform of police culture: do we want warriors or social workers (or something in between)?
• What to do with an injured prisoner? (Your shift is not over yet!)

2:45 p.m.
Refreshment Break

Susan Reid
Crown Law Office – Criminal, Toronto, ON

Milan Rupic
Justice Prosecutions, Crown Law Office – Criminal, Toronto, ON

Panelists

Julian Falconer
Falconers LLP, Toronto, ON

Sunil Mathai
Crown Law Office – Criminal, Toronto, ON

Linda Shin
Crown Law Office – Criminal, Toronto, ON

• Do we really understand the difference between failing to provide the necessaries, criminal negligence and manslaughter?
• Can a police officer be charged for failing to follow policies and procedures, including making an unlawful arrest? Can you face civil liability? What about your superiors?
• Does a police officer have a duty to intervene if their partner engages in excessive force?
• Is there liability for failing to meet an “industry standard” and who can be liable? What is the “industry standard” for policing?

4:30 p.m.
Wrap-up to module one by the Chairs; Module One Concludes

Kevin Cyr
Inspector, RCMP, Vancouver, BC

Susan Reid
Crown Law Office – Criminal, Toronto, ON

Milan Rupic
Justice Prosecutions, Crown Law Office – Criminal, Toronto, ON

Panelists

Colin Brown
Inspector, Victoria Police Department, Victoria, BC

Danny Gunn
Campbell, Gunn, Inness & Seib, Winnipeg, MB

Kim Schofield
Kim Schofield and Associates, Toronto, ON

Jeremy Streeter
Crown Law Office – Criminal, Toronto, ON

• What is a ‘dynamic entry’ and what is the governing law?
• The danger when you don’t knock
• The doctrine of self‑defence during a dynamic entry
• Judicial attitudes towards dynamic entries
• Should dynamic search warrants require prior judicial authorization?
• The potential liability of a commander who approves a dynamic entry
• Policy debates among police services: Differences of opinion across Canada
• Do we need amendments to the Criminal Code?

2:30 p.m.
Refreshment Break

Kevin Cyr
Inspector, RCMP, Vancouver, BC

Susan Reid
Crown Law Office-Criminal Toronto, ON

Milan Rupic
Justice Prosecutions, Crown Law Office – Criminal, Toronto, ON

Panelists

Robert Bush
Director of Acute and Urgent Care and the Stat Centre, Vancouver Coastal Health, Vancouver, BC

Gary Clewley
Legal Pro Corporation, Toronto, ON

Randy Fincham
Inspector, Vancouver Police Department, Vancouver, BC

Steph Partridge
Operations Director, Vancouver Coastal Health, Vancouver, BC

Roger Shallow
Crown Law Office – Criminal, Toronto, ON

• The origins of our crisis: why do we call the police to deal with the mentally ill?
• Police training in dealing with “persons in crisis”: can officers do it on their own?
• Mobile Crisis Units: an experiment or a proven solution?
• What happens when the “person in crisis” is holding a knife?
• The role of civilian mental health workers in Mobile Crisis Teams
• The risks of police liability when dealing with persons in crisis

4:30 p.m.
Closing remarks by Chairs; Program Concludes