Legal Counsel

Job Information

Overall Purpose

Under the direction of the OPS General Counsel, the Legal Counsel is responsible for providing a range of legal services including the following:

• Provide general legal advice and support to the Chief of Police, operational sections of the Police Services and in particular to Professional Standards Section; Freedom of Information Section; and Human Resources; and Labour Relations.
• Conducting Part V Prosecutions under the Police Services Act (PSA) for Chief’s complaints, Community Safety and Policing Act (CSPA), oversight bodies, and other police services when requested.
• Provide legal representation before Court and Tribunals as required including litigation on contested matters.
• Provide expertise in the interpretation and preparation of Contracts.
• Manage, review, assess litigation risk, develop risk management strategies and reduce OPS exposure:
• Represent the interests of the OPS with external law enforcement partners and organizations. 
• Liaise with City of Ottawa Legal Department respecting litigation involving the OPS.
• Assist with legal matters associated to the Ontario Association of Chiefs of Police (OACP) and the Canadian Association of Chiefs of Police (CACP).
   

Major Responsibilities

Provide general legal advice and support to the Chief of Police, operational sections of the Police Services and in particular to Professional Standards Section; Freedom of Information Section; and Human Resources; and Labour Relations.
In support of the Professional Standards Section with respect to The Police Services Act, Commuinty Safety and Policing Act and related regulations including: 

• Public complaints, investigations and process provisions;
• Police discipline procedures and charges under the PSA and the CSPA;
• Matters related to incidents under Part VII of the PSA(Special Investigations) and the Special Investigation Unit Act;
• Duties and responsibilities under individual sections; 
• On matters related to S.49 Secondary Activities under to PSA and s.89 of the CSPA; and 
• In support of the Freedom of Information Section with respect to the Municipal Freedom of Information and Protection of Privacy Act and related regulations and other privacy matters including:
• Youth Criminal Justice Act;
• Criminal Records Act;
• Decisions of the Information and Privacy Commissioner’s Office; and 
• OPS legal response to Motions and FOI requests for disclosure and other request for access to OPS records
• In support of the Human Resources and Labour Relations Sections including:
• Advice in relation to labour and personnel matters;
• Attending and providing legal advice at Case Conferences to assist in a coordinated organizational response to emerging personnel issues;
• Advising on harassment in the workplace; and issues related to the OPS SafeWorkplace Program. 
• Liaise and provide legal advice involving Health, Safety, and Return to Work Programs.
   

Major Responsibilities (continued)

In support of other operational sections generally by interpreting and providing opinions on criminal and administrative law decisions and provincial and federal legislation as they impact on the operations or administration of the OPS including the following topics:

• Criminal Code of Canada decisions;
• Liability and accountability;
• Police procedures and techniques;
• Policy and procedure including recommending changes and drafting new policy where appropriate; and
• Operational debriefings

Conducting Part V Prosecutions under the Police Services Act for Chief’s complaints, Part XII of the CSPA,  oversight bodies, and other police services as directed by the Chief or Chief designate:

• Oversee and conduct prosecutions including Directed Hearings by oversight bodies as required;
• Assesses cases including disclosure prior to hearings to identify / research potential issues and determine reasonable prospect of conviction;
• Prepare and argue appeals, factums and research of case law, written and oral arguments on behalf of the OPS.
• Review, advise, and provide recommendations on internal disciplinary actions, remedial action and changes in policies and procedures as requested;
• Advise on and provide recommendation of requirements for external counsel;
• Coordinate the retention and supervision of external counsel.

Provide legal representation before Court and Tribunals as required including litigation on contested matters.

• Represent the OPS in inquests, hearings and inquiries, 3rd Party Records Applications, Police Enforcement Clauses within Family Court Orders, etc., or in the alternative, to coordinate representation through outside counsel.
• Represent the Chief and other personnel when responding to subpoenas issued for matters other than normal court appearance.
• Assist OPS members subpoenaed to hearings, inquests and inquiries when independent counsel is not indicated. 
• Generally represent the interest of the Chief of Police and the OPS before tribunals and all levels of Criminal and Civil Court.

Provide expertise in the interpretation and preparation of Contracts and Agreements including:

• Negotiate contracts and memoranda with community agencies and law enforcement partners.
• Draft, review, comment, and provide recommendations on contracts, memorandum of understanding, or other legal instruments.
• Brief the Executive or sections heads on obligations incurred and or consistency with OPS statutory obligations.
• Review and assists Human Resources in administration of secondment agreements. 

Manage, review, assess litigation risk, develop risk management strategies and reduce OPS exposure:

• Working with and providing legal assistance to the Conduct Risk Management Committee (CRMC).
• Monitoring current trends and policy, and case law which may impact the OPS. 
• Developing, assisting, and presenting training packages on legal issues, procedures, and new legislation in partnership with PDC.
• Developing and drafting policy changes in response to recommendations flowing from risk management strategies or other sources.
• Liaise with Media Relations to assist with public information releases.
• Attend PSB meetings and assist in the preparation of recommendations for in-camera items and the Chief’s verbal report as required.
• Recommending and assisting with training initiatives flowing from risk management strategies, including policy changes.
• Preparing and presenting the OPS position on legislative initiatives, proposed regulatory amendments or like matters.

Major Responsibilities (continued)

Represent the interests of the OPS with external law enforcement partners and organizations. 

• Liaise with the Office of the Crown Attorney, the Children’s Aid Society (CAS) and other agencies to address production orders, matters of mutual interest including procedures, distribution, and interpretation of local decisions and practice directions including participation in Committees.
• Liaise with the local Bar Association and Bench / Bar Committees and to represent the police when and if required.
• Liaise with other agencies and similar organizations concerning legislative changes.
• Participate in activities within the legal community to promote police legal community relations.
• Assist and participate in pilot projects to improve efficiency within the legal system and which benefits the OPS.

Liaise with City of Ottawa Legal Department, who have carriage of Litigation affecting OPS and provide legal support regarding Civil Litigation including:

• Brief the Executive on matters related to liability and litigation and the carriage of actions against or on behalf of the police service.
• Review legal actions against the members of the OPS and to consult with City of Ottawa legal counsel.
• Advise the City of Ottawa Legal Department of the views of the Chief of Police and Executive on the carriage of legal actions, including settlement.
• Coordinate OPS assistance to counsel with carriage of the file on behalf of OPS.
• Provide advice on claims for legal indemnification.
• Attend settlement and case conferences as required.
• Advise on mediation matters and to prepare personnel on their participation.

Assist with legal matters associated to the Ontario Association of Chiefs of Police and Canadian Association of Chiefs of Police; serves as a member of the Police Legal Advisors Committee (PLAC) and participate in its activities including preparing and delivering seminars on legal issues of interest to police services in Ontario and providing opinions / recommendations on legal issues to Police Services.
 

Statement of Required Qualifications

Education 

Three (3) year Bachelor of Laws degree from a recognized university. 

Experience

Minimum eight (8) years post “call to the Bar” including:

• Experience appearing before Courts and tribunals or forums relating to legal issues affecting policing as legal counsel.  
• Experience ability in dealing with Police Public Complaints, along with Court / advocacy experience.
• Broad litigation experience.
• Legal negotiation experience for the purpose of resolution.
• Extensive experience preparing legal documentation.

Language

• English – fluency in oral, reading, and writing.

Certifications and Licences

• Licensed Lawyer through the Law Society of Upper Canada in good standing.
• Entitled to practice law in the Province of Ontario.
   

In service Training

The following mandatory training and education is provided to all civilian Managers of the OPS:

• Supervisor Health & Safety 
• Respectful Workplace 
• Violence in the Workplace.
• Accessibility for Ontarians with Disabilities Act (AODA).
• Road to Mental Health Readiness (R2MR).
• Ethics, Diversity, and Inclusion (EDI).
• Active Bystandership for Law Enforcement (ABLE).

All employees of the OPS are expected to complete all additional and new mandatory training as prescribed by the Office of the Chief.

Job Knowledge

Through knowledge of relevant legislation including:

• Police Service Act;
• Community Safety and Policing Act;
• Special Investigation Unit Act;
• Municipal Freedom of Information and Protection of Privacy Act;
• Ontario Human Rights Code; and
• Criminal Code of Canada

Working knowledge of the relevant case law related to the above legislation as well as other fields including police risk management, Criminal Law, employment law, family law, administrative law and civil litigation.

Understanding of policing in Canada

OPS Competencies

Hours of Work

Effort and Working Conditions

• Work is performed in a standard officer and / or courtroom environment with minimal adverse working conditions.
• Frequent travel between OPS sites, Court, Agencies within the National Capital Region.
• Occasional to regular out of town travel as required, generally within in Ontario.
• Work schedule is typically Monday to  Friday days with regular requirement for irregular work hours.
   

Desired Qualifications

• Oral, reading, writing fluency in French or other languages.
• The ability to practice law in French.
• Previous labour and criminal law experience as legal counsel.
• Previous experience working in a policing environment as legal counsel. 
• Proficient in Microsoft Office applications including Word, Outlook, OneDrive, OneNote, SharePoint, and Teams, as well as legal research using Westlaw.