b'in turn benefits officers, as the timely resolution of inter- THE SORT OF GOOD NEWSnal disciplinary matters allows them to quickly addressThe CSPA has given chiefs of police some additional suspen-the issue, return to the workplace and move forward insion without pay (SWOP) powers in circumstances where their careers.policeofficersareallegedtohaveengagedinserious Despiteextensiveconsternationexpressedinthecriminal misconduct, such as serious indictable offences monthsleadinguptotherolloutoftheCSPAaboutorcriminaloffencesthatresultintheofficerspre-trial theprovisionsrequiringmandatorynotificationtothecustody or bail conditions that substantially interfere with complaints director for certain categories of misconduct,their policing duties. However, unlike most other provinces the duty to notify has not appeared to result in any sig- inCanada,SWOPpowersstilldonotapplytoon-duty nificant burden. Following successful advocacy by policecriminal allegations or allegations of egregious misconduct stakeholders, the regulation was significantly narrowedthat do not result in the laying of charges where the Crown at the eleventh hour, leaving a more limited scope inelects to proceed by indictment. Police associations should which police were required to notify the Law Enforcementbe satisfied that the CSPA retains adequate safeguards to Complaints Agency (LECA) of pending misconduct inves- ensure the marginal expansion of SWOP powers are not being abused, and the power is only being used for the tigations. In addition, LECA has worked very closely withmost serious of cases. police stakeholders to streamline the process and ensureTHE CHALLENGESthat the duty to notify regulation is applied in a practical and efficient manner. LECA continues to be open to feed- TheConflictsofInterestRegulationwasexpectedto back, which has helped to ensure a smooth transition topresent operational challenges. The Regulation explicitly the new Act.outlinesthecircumstances whenachiefmusthavean external criminal investigation conducted, and further dir-ects the chief to notify the Inspector Generals office of all potential and actual conflicts of interest. In theory, this was intended to avoid the appearance of conflicts of interest in certain matters. However, it has proven to be difficult to implement in practice.Most prominently is the requirement that an external policeserviceinvestigatecriminalallegationsthatare alleged or reasonably suspected to have been committed by or against a member of the service or a member of the police service board. This is mandatory where there are allegations of intimate partner violence, child abuse, Local. National. Legalbreachoftrustanddiscretionaryinallotherinstances. Unfortunately, what is clear is that these types of investi-Services for Employers gations are not necessarily rare and often happen off-hours when it is difficult to get a neighbouring police service (if lucky enough to have one nearby) to attend and investi-gate. Services are encouraged to review their procedures Face-to-Face. Coast-to-Coast.and attempt to put into place practical protocols for making external requests for these types of investigations and are For over 65 years, Mathews Dinsdale has been assistingreminded that all allegations by or against members and employers with the complex legal challenges arising from aboard members must be reported to the inspector general. dramatically changing work environment. With seven offices across Canada, we are the only coast-to-coast management side labour and employment law firm. Recognized as theAnother area that has proven problematic is the assess-law firm that Senior Management turns to first.ment of McNeil misconduct disclosure requirements now For the most current legislation developments and lawsthat a chief is no longer required to decide whether the affecting the police workplace, contact our Police Sectormisconduct is serious or not of a serious nature. R v McNeil Practice Group leader:requires the police to disclose records relating to findings Rick Baldwin rbaldwin@mathewsdinsdale.com of serious misconduct as part of its disclosure obligations 416.869.8530underStinchcombe.UnderthePSA,seriousmisconduct was relatively easy to spot since a chief was required to mathewsdinsdale.com refer serious allegations of misconduct to a hearing while resolving less serious misconduct informally.CANADA ONTARIO BRITISHCOLUMBIAALBERTA NOVASCOTIA Practically, now, with the elimination of this distinction, matters that are dealt with pursuant to the chiefs internal 12 H.Q. Winter 2024/2025'