Police Law - Human Rights Matters - Misconduct Proceedings Under Part V of the Police Services Act - Inquests - Independent Legal Advise - Special Investigations Unit matters
Selwyn's Police Regulatory Law practice includes administrative, labour and employment law on behalf of senior police officers and rank and file including Constables and Sergeants.
Selwyn has provided counsel to Police Officers including defending Police Officers under Part V of the Police Services Act, including appeals to the Ontario Civilian Police Commission;
providing representaton at the Human Rights Tribunal of Ontario in discrimination in employment issues including race, colour, gender, sexual orientation, disability and and marital status; providing representation before inquests under the Coroners Act;.
Selwyn has represented police officers and civilian employees throughout Ontario and federally R.C.M.P. officers.
He also represents Correctional Managers in Correctional Officers on issues referred to above.
Case highlights include:
- July 2014, representing a Peel Regional Police Officer who is alleging that he is subject to discrimination in employment on the basis of race, ethnic origin, place of origin
- June 2014 successfully resolved through mediation a matter at the Human Rights Tribunal of Ontario in respect to an employment discrimination application against the Regional Municipality of Waterloo Police Services Board alleging discrimination with respect to employment on the basis of sex and perceived disability.
- April 2014, represented a Probationary Police Constable before the Toronto Police Services Board, whose status as a PPC was subject to a termination recommendation by the Chief of Police
- April 2014 representing a Waterloo Regional Police Officer alleging discrimination on the basis of sex and sexual harassment and perceived disability
- February 2014, successfully represented a Special Constable before the Toronto Police Services Board, whose status as a S-C was subject to a termination recommendation by the Chief of Police
- August 27, 2013 Minister Madeleine Meilleur announced that Police services now have the authority to make their own decisions on the deployment of tasers. Frontline officers to be issued with tasers. Nothing though on whether the Jurors recommendations from the Aron James Firman Inquest were implemented.
- August 2013, provided legal commentary on the Sammy Yatim homicide on a Streetcar by Police Constable James Forcillio: CBC, The National" Police officer gets bail in Sammy Yatim shooting"; CBC "Why James Forcillo was charged with murder in Yatim shooting"; Global National "Toronto streetcar shooting: police have a ‘defence that others don’t,’ says legal analyst"; Toronto Star "James Forcillo: An explanation of the bail process"; Toronto Star "Sammy Yatim: Family 'relieved' by SIU decision to charge officer with murder".
- May 21, 2013, represented Constable Damiean Muirhead in a police disciplinary tribunal matter. He is a Black officer with York Regional Police who has been singled out: York police chief’s testimony sought at racially charged police hearing May 21, 2013 and York police association axes legal funding for officer in racially charged discipline hearing May 23 2013
- May 2012 representing Sergeant Mark James at the Human Rights Tribunal of Ontario in his application against the Regional Municipality of Waterloo Police Services Board alleging discrimination with respect to employment on the basis of race, colour, place of origin, ethnic origin and marital status. James and Waterloo (Regional Municipality) Police Services Board, Re 2013 CarswellOnt 5055
- April 12, 2013, successfully defended Correctional Officer charged with assaulting another CO with a hug. Featured news story on Citynews
- April 09, 2013, represented a senior York Regional Police Police Officer, Inspector Chris Bullen, charged under the Police Services Act with insubordination x 2 and neglect of duty x 2: York Regional Police Service and Bullen, Re 2013 CarswellOnt 4338
- February 1, 2013, Reconsideration Decision in Taylor-Baptiste v. Ontario Public Service Employees Union 2013 HRTO 180 rendered denying reconsideration of the competing rights decision rendered in Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 HRTO 1393 - case involves freedom from sexual harassment vs. Freedom of Association
- December 31 , 2012: Successfully represented a human rights applicant Constable Kimberley Cadarette, Peel Regional Police, in a significant decision rendered on Amending Pleadings at the Human Rights Tribunal of Ontario: Cadarette v. Peel Regional Police Services Board 2012 HRTO 2411
- 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
- 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:
- Conference discuss diversity competence in law enforcement, CNW, March 20, 2006
- Sued cops deny racial profiling, Macleans, March 08, 2006
- Cops get 4 new faces on top Toronto Sun, August 16, 2005
- Community organizations call for action following the Kingston data collection report: No more studies are necessary May 27, 2005, Canadian Race Relations Foundation
- Blacks stopped more often by police, study finds CTV News, May 26, 2005
- Cop union calls for apology Share, April 07, 2005
Apologize For What? Share, April 07, 2005
- Racism reality on force: report Metro, March 31, 2005
- Racial profiling exists ; Promises of internal probe fell flat Toronto Star, March 31, 2005
- Inspector 'profiled', investigated Share, March 31, 2005
- Black cop 'profiled' by colleague: ABLE CBC, March 31, 2005
- Policing Issues Affecting Racial Minorities, and Social Political and Economically Disadvantaged Persons in Toronto