HomeMy WebLinkAbout2011-2731.Wild.16-01-12 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-2731, 2011-2808
UNION#2011-0368-0170, 2011-0368-0185
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wild) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION David Wright
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Robert Fredericks
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 8, 2016
- 2 -
Decision
[1] In this matter, the employer proposes to call Mr. Greg Ireland as an expert witness
in the area of excessive use of force. The union opposes the admissibility of Mr.
Ireland giving expert opinion evidence relating directly to the application of force by
the grievor upon an inmate. This decision deals with the admissibility of Mr.
Ireland's expert opinion evidence. Oral argument was heard January 8, 2016.
[2] In an email dated November 29, 2015, counsel for the employer set out his
intention in the above regard in the following terms:
As discussed, I will be establishing Greg Ireland as a subject matter
expert regarding Use of Force training, application and interpretation.
He will testify about his expertise, the use of force training provided to
Correctional Officers, including Sean Wild, the statutory background of
use of force regulations, Ministry policies and the Use of Force
Management Model. He will also view the Wild-Nelson video, review
Mr. Wild's occurrence report and provide his opinion on whether Mr.
Wild complied with the use of force regulations and policies.
(emphasis added)
[3] The union objects to the admissibility of that portion of Mr. Ireland's proposed
expert, opinion evidence emphasized in the paragraph above. This motion asks the
Board to rule, in advance of him testifying, that his opinion on that issue is
inadmissible.
[4] For reasons to follow, Mr. Ireland’s opinion evidence, as set out in paragraph 2
above, is admissible. The union’s motion is denied.
[5] The hearing will resume on January 13, 2015 with Mr. Ireland’s evidence.
Dated at Toronto, Ontario this 12th day of January 2016.
Daniel Harris, Vice Chair