Charter Essentials for Investigators

1:00 p.m. Introduction and Program Overview

Dave Cobey, Artificial Intelligence and Transformational Technology Lead Office of the Assistant Deputy Attorney General, Criminal Law Division Ministry of the Attorney General (Ontario) (Toronto)

1:15 p.m. Keynote Speaker

The Honourable Michael Code, former Justice of the Superior Court of Ontario

2:00 p.m. Investigation and Detention

• What is investigative detention?
• Legal requirements for investigative detention
• Charter protections triggered upon detention
• Psychological vs. physical restraint
• Search Incident to investigative detention
• Practical Issues and best practices

The Honourable Judge Reginald Harris, Provincial Court of B.C. (Vancouver)
Jeremy Ryant, Crown Attorney, Nova Scotia Public Prosecution Service (Halifax)
Matthew Nathanson, MN Law (Vancouver)

3:00 p.m. Refreshment Break

3:15 p.m. Arrest and Post-Arrest

• Legal requirements for arrest
• Charter protections triggered upon arrest
• Lawful parameters of search incident to arrest
• Are the rules different for the search of electronic devices vs. other items?
• What are the obligations of investigators to facilitate an arrestee’s ability to consult counsel?
• How to conduct a post-arrest interview in a Charter-compliant manner
• Charter interests engaged by post-arrest detention
• What continuing Charter protections are engaged regarding detained evidence?

The Honourable W. Paul Riley, Justice of the Court of Appeal of British Columbia
Hugh Crawley, Counsel, Public Prosecution Service of Canada (Winnipeg)
Gerri Wiebe, K.C. Partner, Gindin Wiebe Segal (Winnipeg)

4:30 p.m. Wrap-Up of Module One; Overview of Module Two

4:45 p.m. Module One Concludes 

1:05 p.m. Introduction and Overview

The Charter – Applied

This session will focus on the practical application of legal principles regarding investigation, detention, arrest and post-arrest procedures canvassed in Module One. A panel including a Crown Prosecutor, defence lawyer and a member of the Ontario Court of Justice will lead attendees through an examination of a fact-pattern generated specifically for this course. This session will be a discussion of the real-world application of these principles to common investigative situations.

The Honourable Justice Jennifer Strasberg, Ontario Court of Justice
Shelly Tkatch, K.C., General Counsel, Public Prosecution Service of Canada (Calgary)
Lynda Morgan, Partner, Addario Law Group (Toronto)

2:00 p.m. Seizing and Searching Mobile Devices

Matthew Asma, Crown Law Office-Criminal, Ministry of the Attorney General Ontario (Toronto)

2:30 p.m. Break

2:45 p.m. Top 10 (b) Right to Counsel Charter Tips

Molly Flanagan, Crown Law Office – Criminal, Ministry of the Attorney General, Ontario (Toronto)

3:15 p.m. Regulatory and Criminal Investigatory Challenges

Speakers from a cross-section of legal disciplines will canvas Charter protections triggered in crossover investigations and provide concrete guidance on how to advance investigations in compliance with the Charter.

Sgt. Eric Boucher (ret.), Royal Canadian Mounted Police
Carla Goncalves, Deputy Director, Ontario Law Enforcement Complaints Agency
Kenneth Jull, Partner, Gardiner Roberts LLP (Toronto)

4:15 p.m. Closing Remarks and Wrap-Up by Program Chairs

4:30 p.m. Program Concludes