Workshop A

Coroners Investigations and Inquests:

Understanding Your Legal Rights and Obligations

Tuesday, April 13, 2010

9:00 a.m. - 12:00 p.m.

Dr. William J. Lucas, Regional Supervising Coroner

for Central Region, Brampton Office
Tom Schneider, Counsel, Ministry of Labour (Ontario)

When does a coroner investigate a death? What is the role of the coroner during an investigation? What should you do when questioned during an investigation? Is it necessary to respond to requests for information? How is an inquest conducted?
What are your rights and responsibilities as a witness? Who has standing at the inquest? What impact will the coroner’s findings have on any subsequent criminal or civil proceedings? What is the effect of a jury’s verdict and recommendations?

All these questions are important for long-term care facilities whose staff and representatives may find themselves involved in a corner’s investigation and inquest following the death of a resident.

By attending this optional half-day workshop, you will learn about the key legal issues as they apply to your facility. Tom Schneider, an experienced lawyer will help guide you through the legal maze. Plus don’t miss the coroner’s perspective of the process, given by Dr. William J. Lucas.

• Purpose of inquests
  
• The Coroners Act
  
• Who notifies the coroner about a death?
  
• When does the coroner investigate a death?
  
• What does the investigation entail: the five questions
  
• Responding to the coroner’s requests for information
  
• What are the coroner’s powers in investigating a death?
  
• When is an inquest called? Who may request an inquest?
  
• Mandatory inquests
  
• Discretionary inquests
  
• Who can participate in an inquest?
  
• Effectively advising staff who are called as witnesses to a coroner’s inquest
  
• How is an inquest conducted – the inquest process explained
  
• Witness summons
  
• The role of the jury
  
• The jury’s verdict and recommendations
  
• Dealing with the media
  

Dr. Lucas is currently the Regional Supervising Coroner for Central Region where he oversees approximately 2100 death investigations annually, carried out by 28 investigating coroners. Dr. Lucas was appointed as an investigating coroner
in 1991, and became a full-time Regional Supervisor in 1996.

His postings have included Niagara Region, City of Toronto, Metro West (including Peel Region) and now Central Region. Dr. Lucas has at various times acted as Associate Deputy Chief Coroner for the Province, and has presided over 46
inquests that have reviewed a wide variety of circumstances including work-related and construction fatalities, deaths while in police custody, and medical care/treatment issues. He regularly consults with police and convenes case
conferences on complex and suspicious death investigations, including homicides.

Tom Schneider, of the Ministry of the Attorney General of Ontario, currently practises in the areas of criminal law and administrative law at both the trial and appellate levels. Upon entry to McGill Law School in 1985, Mr. Schneider was
awarded the James McGill Award for academic excellence. He graduated with honours in 1989, with both LLB and BCL degrees. While in Montreal, he served as a law clerk for a judge of the Superior Court of Quebec, was called to the Quebec Bar and worked for a time at McCarthy Tétrault. After arriving in Toronto in 1991, Mr. Schneider acted as Duty Counsel at Old City Hall in Toronto and, in 1993, became an Assistant Crown Attorney with the Ministry of the Attorney General of Ontario. Between 2000 and 2003, Mr. Schneider served as Counsel to the Chief Coroner of Ontario. Mr. Schneider graduated from Osgoode Hall Law School in 2008 with an LLM in Criminal Law.

Workshop B

Ministry of Labour Workplace Inspections:
Compliance, Inspection and Enforcement

Tuesday, April 13, 2010

1:00 p.m. - 400 p.m.

Joe Ferraro, Counsel, Ministry of Labour (Ontario)

Ontario recently created a new permanently funded team of specialists to help improve workplace safety of health care workers in the province. Health care workplaces face many hazards that are unique to this sector. This session will highlight what you need to know to help enforce compliance with health and safety legislation, and to effectively respond to the challenges out there.

• Overview of occupational health and safety system in Ontario
  
• The OHSA and its regulations: an overview
  
• How are long-term care homes selected for a Ministry of Labour (MOL) inspection?
  
• MOL’s Health Care Unit
  
• Inspection powers
  
• What are the common hazards that MOL inspectors look for?
  
• What are the most common infractions?
• Compliance options: what actions can the MOL take if a long-term care home is in breach of health and safety regulations?
  
• Developing the right workplace culture – the importance of an across the board commitment to health and safety
  
• Tips and tools to prepare properly and effectively for an inspection
  

Joe Ferraro graduated from Osgoode Hall Law School in 2001 and was called to the bar in 2002. He articled with the Ministry of Labour Legal Services Branch and has been counsel with the branch since his call. His practice includes prosecutions and appellate work for offences under the Occupational Health and Safety Act and representing the Ministry of Labour on appeals of administrative orders at the Ontario Labour Relations Board. He provides advice to the Ministry on policy and legislative projects. His practice includes a special focus on occupational health and safety in the health care sector often working closely with the Ministry of Health and Long-Term Care.