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Police Law

Police Law - Human Rights Matters - Systemic Discrimination - Racial Profiling and Misconduct Proceedings Under Part V of the Police Services Act

"Racism is alive and well in the RCMP. A great number of people would like to say that Racism in the RCMP is past history. ... My Vision (is) to expose Bigots with Badges no matter what their rank. If there is a price to be paid then submit the bill. I have paid the bill in the past and it appears I am paying again. Silence is consent. Suffering is optional." Corporal C.G. Lawrence in letters to the Commissioner's Advisory Committee on Visible Minorities.

Selwyn has provided representation and counsel to police officers and civilians throughout Ontario on various employment law and human rights matters. Case highlights include:

  • Represented Deputy Chief of Police Keith Forde in respects to complaints by Dave Wilson, the President of the TPA involving freedom of expression - i.e. speaking out about racism, racial profiling and systemic discrimination is not misconduct under the Police Services Act
  • Provided representation to Inspector David McLeod of the Toronto Police Service in his matter of differential treatment and racial profiling: The Gas Pump Incident: see Toronto Police Association v. Ontario (Civilian Commission on Police Services), 2010 ONSC 246 (CanLII) — 2010-01-13
    Divisional Court
  • Appeared as counsel in Tewogbade v. Toronto Police Servcies Board (release of Professional Standards Files), Sperior Court of Justice, February 28, 2006 and successive litigation against his former employer: Tewogbade v. Toronto Police Services Board; 2009 CarswellOnt 7633; 2009 HRTO 2043; Tewogbade v. Toronto Police Services Board; 2009 HRTO 1441; Tewogbade v. Toronto Police Services Board; 2009 CarswellOnt 4868, 2009 HRTO 1281; Tewogbade v. Toronto Police Services Board; 2009 CarswellOnt 3623; 2009 HRTO 875; Tewogbade v. Toronto Police Services Board, 2009 CarswellOnt 2324, 2009 HRTO 465 (CanLII)
  • Represented OPP Constable Hector Jibbison in lawsuit against Ryan Vandenbrussche. See, Cop sues former Penguin for $10M, Toronto Sun, 9 Sep 2006; OPP officer sues former NHLer, CBC News, 6 Sep 2006; OPP officer sues former NHLer, CBC Toronto, 6 Sep 2006; Officer sues VandenBussche, Calgary Sun,  6 Sep 2006; Police officer files $10.2-million lawsuit against NHL player, Globe and Mail,  6 Sep 2006; Ontario police officer files $10.2-million lawsuit against NHL Player, Canada.com,  6 Sep 2006; Cop files lawsuit against NHL player, London Free Press, 7 Sep 2006; Former Penguin sued by cop, Edmonton Sun,  7 Sep 2006; Ex-NHLer sued by police officer
    Toronto Star,  6 Sep 2006; Officer sues VandenBussche for $10.2 M, TSN.ca, 6 Sep 2006
  • Represented RCMP Constable Paul Carty in a racial discrimination lawsuit. See, Alleging harassment, constable sues RCMP, Oliver Moore, Globe and Mail, August 17, 2006, RCMP Sued for Discrimination, Bob Mitchell, Toronto Star, August 15, 2006; Officer files $3.5-million lawsuit against RCMP, CBC, August 15, 2006; $3.5m lawsuit alleges colleagues, supervisors routinely made slurs against cop, Chronicle-Herald, August 15, 2006; Toronto Mountie files $3.5M lawsuit, Toronto Star,  Canada - 15 Aug 2006; RCMP officer alleges racial discrimination, sues for $3.5 M, Waterloo Record, 16 Aug 2006; Toronto RCMP officer alleges discrimination by colleagues, files lawsuit, Winnipeg Free Press, 15 Aug 2006; RCMP sued for discrimination, Toronto Star,  Canada - 15 Aug 2006; Mountie sues AG, Hamilton Spectator, 15 Aug 2006
  • Represented Toronto Police Constable Duane Simon in a false arrest suit against Peel Regional Police. See Toronto police officer sues Peel force
  • Judicial Review: McLean v. Ontario Human Rights Commission, (Peel Regional Police Services Board - Racism), Divisional Court, February 22, 2006
  • Assisting with advised, negotiated and drafted Minutes of Settlement in a human rights complaint against Peel Regional Police Services Board et al. by an employee of the Service
  • Drafting, filing and providing strategic advise to Police Constable Rajiv Sharma in his human rights complaint against Waterloo Regional Police Service of discrimination based on race and disability
  • Providing strategic support and case law to Jean-Luc Morin in his human rights complaint against the Royal Canadian Mounted Police of racial discrimination
  • Providing strategic support to Corporal Calvin Lawrence in his human rights matter against the Royal Canadian Mounted Police
  • Providing ongoing representation to a former member of the Toronto Police in his human rights complaint against the Toronto Police Services Board of discrimination based on disability
  • Providing representation, advise and support to Ontario Provincial Police members involved in complaints under the Workplace Discrimination and Harassment Prevention Policy and Human Rights Code
  • Providing ongoing representation to a former member of the Ottawa Police Service in his human rights complaint against the Ottawa Police Services Board of discrimination based on disability. See, Blair v. Ottawa Police Services Board et. al, 2009 HRTO 1237 (CanLII)
  • Providing ongoing representation to members of the Peel Regional Police Service in their complaints of racial discrimination against Peel Regional Police Services Board. See, for example, Smith v. Peel Regional Police Services Board 2009 CarswellOnt 3209, 2009 HRTO 742
  • Provided advise to members of the public in respect to matter touching on conduct or policy under Part V of the Police Services Act, RSO 1990, cP15
  • Acted as lead counsel to the ABLE's Conference Planning Committee for the ABLE-NBPA 2005 International Conference in Toronto

Selwyn has also engaged in presentations, seminars, conferences and symposiums that touches upon policing including:

  • September 17, 2005, Better Policing for Toronto conference "Controlling and preventing racial profiling: some strategies", with Keith Forde, Deputy Chief of Police, Toronto; Professor Scott Wortley, Centre for Criminology; Alok Mukherjee, Toronto Police Services Board; moderated by, Tammy Landau, School of Criminal Justice, Ryerson University
  • August 19, 2005, "What Are Your Civic Responsibilities", 33rd Annual National Education & Training Conference, National Black Police Association, with Theodore M. Shaw is Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc. (LDF); Anthony R. Rodgers, Edwards Waters University and Hazel A. Wallis, NBPA USA Consultant
  • April 07, 2005, Deputations, Toronto Police Services Board, "Hate Crimes" and "Race Relations"
  • November 02, 2004, written submissions to Justice Lesage Chair of the Review of the System for Complaints by the Public Regarding the Police was established by the Government of Ontario.

Selwyn has also been engaged in public relations work that touches upon policing and diversity:
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Selwyn A. Pieters - Barrister & Solicitor; 2006 All rights reserved.