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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