duty to accommodate workshop

72 Pages·2011·10.98 MB·English

ISSUE 41
SPRING 2011
DUTY TO
ACCOMMODATE
WORKSHOP
SPRING 2011 | PAO MAGAZINE 1
2
ON THE COvER: PAO Director Brenda Lawson
with Professor Michael Lynk. Professor Lynk
spoke on the Duty to Accommodate during a
PAO Civilian Workshop hosted by the London
Police Association.
SPRINISGSU 2E0 1411
ISSUE 41 • SPRING 2011
IN THIS ISSUE
DUTY TO
ACCOMMODATE
PAO Fights for Officers Rights to Counsel ......................................7 WORKSHOP
SPRING 2011 | PAO MAGAZINE 1
Just the Facts Ma’am .................................................................11 PAO Board of Directors
President: Larry Molyneaux
Chair: Dave McFadden
Londoners Not Gouged by Police Costs ......................................15 Directors: Keith Aubrey, Bill Rusk,
Ed Parent, Dan Axford,
Joanne Engelhardt,
PAO Spring Executive Board Meeting .........................................19 Brenda Lawson, Mike Abbott,
Kim Williams
Chief Administrative
The Road to Arbitration .............................................................23 Officer: Ron Middel
The comments expressed by an individual may
PAO Grievance Arbitration Workshop .........................................26 not necessarily be the official position of the Police
Association of Ontario.
The Duty to Accommodate .........................................................33
Return undeliverable Canadian addresses to:
Harry De Jong, Editor
c/o The Police Association of Ontario
Heroes in Life, Not Death ...........................................................36 6730 Davand Drive, Unit 1, Mississauga, ON L5T 2K8
PAO Well Represented at CPA Annual General Meeting ..............42 PAO MAGAZINE
is published quarterly by
THE POLICE ASSOCIATION OF ONTARIO
2011 CPA Awards of Excellence Recipients ................................50 6730 Davand Drive, Unit 1
Mississauga, ON L5T 2K8
Tel: [phone]
This Time Harper got it Right .....................................................53 Email: [email protected]
www.pao.ca
Law Enforcement Motorcycle Clubs, Can You See the Difference? .57
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iMarketing Solutions Group
Northern Pride ...........................................................................61
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on behalf of the Police Association of Ontario
Leadership is a Journey ..............................................................65
EDITOR
Harry De Jong
OMERS - Additional Voluntary Contributions ..............................67
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SPRING 2011 | PAO MAGAZINE 3
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SPRING 2011 | PAO MAGAZINE 5
66 WE PROTECT THOSE WHO PROTECT OTHERS I MARCH 2011
PAO Fights for Officers
Rights to Counsel
By Larry MoLyneaux, President
I
n a case called The SIU’s attack on officers rights to counsel offends basic
Schaeffer v. Wood, fairness. The right to counsel is well settled in Canadian law.
the SIU is mounting a Every person in Canada, including the worst criminal offenders,
full scale court challenge has the right to speak with counsel when they are being
to the rights of officers investigated criminally, and has the right to do so in the utmost
to legal counsel when privacy. The SIU is trying to make police officers second-class
they are caught up in SIU citizens by severely limiting these important rights.
investigations. This attack If any police investigator tried to limit a civilian suspect’s rights
is fundamentally unfair, to counsel in the way the SIU is proposing, that investigator
and so on behalf of officers would be harshly criticized by his or her superiors, or the
across the province, the courts, or both. The SIU’s position is therefore unprincipled,
PAO is fighting back. and deeply inconsistent with how we expect everyone caught
The SIU’s court challenge arose out of a confrontation up in a criminal investigation to be treated.
between OPP officers and a civilian in Pickle Lake. The civilian In the lead-up to this case, the PAO hired the leading expert
died as a result of his actions, and the SIU cleared the officers in Canada on lawyer-client issues. That expert endorsed one
concerned. That should have been hundred per cent the way that
the end of the matter; but the family lawyers currently help officers
of the deceased, supported fully This case is very caught up in SIU investigations.
by the SIU, applied to the Ontario Based on our expert opinion, the
important for every
Superior Court, challenging the way SIU has no reason to attack the way
in which the officers exercised their officer in the province, lawyers currently help officers, but
rights to counsel, and asking the they are persisting anyway. This is
because at issue is
Superior Court to severely restrict wrong.
those rights. Schaeffer v. Wood has the potential
whether officers have
The Superior Court dismissed the to dramatically affect every single
application. The court ruled that the right to full and SIU investigation that unfolds
since the investigation was closed anywhere across the province. It
unrestricted private
and the officers had done nothing has the potential to dramatically
wrong, this was not a proper case communication with their alter fundamental rights to counsel
to launch an attack on the officers’ for every police officer across the
lawyer whenever they
rights to counsel. However, the province who finds himself or herself
family of the deceased, once again are involved in an SIU caught up in an SIU investigation.
fully supported by the SIU, has The PAO takes the right to counsel
appealed the case to the Court of incident. for officers very seriously, and
Appeal for Ontario. The PAO will ask accordingly will fight hard in this
the court for permission to intervene case to the very end.
in the case, and if permission is granted will strongly urge the The PAO’s request to intervene in Schaffer v. Wood will
Court to dismiss the arguments of the family and the SIU, just be heard and decided by the Court of Appeal in late June.
as the Superior Court did. If permission to intervene is granted, the PAO will be fully
This case is very important for every officer in the province, participating in the case when it is heard by the Court of Appeal,
because at issue is whether officers have the right to full most likely in September or October. Further information will
and unrestricted private communication with their lawyer be provided when the actual date for the hearing is set by the
whenever they are involved in an SIU incident. The SIU wants Court. In the meantime, the PAO is working hard to get ready
to severely reduce the role of an officer’s lawyer, and force for the case, working hard to protect the right to counsel that
officers caught up in SIU investigations to divulge private is so important to every Ontario officer caught up in an SIU
lawyer-client communications. investigation. d
SPRING 2011 | PAO MAGAZINE 7
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SPRING 2011 | PAO MAGAZINE 9
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