Charter Essentials for Investigators: Practical Guidance in Detention, Investigation, Arrest and Search

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)

1:15 p.m. Keynote Speaker
The Honourable Justice Michal Fairburn Associate Chief Justice 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)
Cindy Nadler Asst. Crown Attorney, Ministry of the Attorney General Ontario (Brampton)
Kelsey L. Sitar Partner, Sitar & Milczarek (Calgary)

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 manne
• Charter interests engaged by post-arrest detention
• What continuing Charter protections are engaged regarding detained evidence

The Honourable Justice Faiyaz Alibhai Nunavut Court of Justice
Geoffrey Roy Senior Counsel, Public Prosecution Service of Canada (Toronto)
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

1:00 p.m. Introduction and Overview

1:15 p.m. The Charter – Applied
This session will focus on the practical application of the legal principles regarding investigation, detention, arrest and post-arrest procedures canvassed in Module One. A panel of cross-discipline practitioners and a member of the Ontario Superior 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 Jill Cameron Ontario Superior Court of Justice
Daniel Song K.C . Counsel, Pringle Law, Barristers (Vancouver)
Shelly Tkatch, K.C. General Counsel, Public Prosecution Service of Canada (Calgary)

2:30 p.m. Refreshment Break

2:45 p.m. Hot Topic Issues in Regulatory and Criminal Investigations
Experts in each topic will summarize the Charter protections implicated and provide concrete guidance to better ensure the activity is conducted in a Charter-compliant manner.

1. Right to Counsel: Top Ten Section 10(b) tips
   Molly Flanagan Crown Law Office (Criminal) Ministry of the Attorney General Ontario (Toronto)
2. Border Searches
   Ian Bell, Senior Counsel, Integrated Road Team and NCQ Coordinator, Public Prosecution Service of Canada
   Jennifer Conroy Counsel, Public Prosecution Service of Canada (Toronto)
3. Regulatory vs Criminal Investigation Challenges
   Gerry McGeachy Assistant Crown Attorney, Ministry of the Attorney General (Ontario)(Quinte)
   Insp. Satish Tarachandra OIC Toronto Integrated Market Enforcement Team, RCMP

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

4:30 p.m. Program Concludes