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

Decision

1In 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.

2In 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)

3The 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.

4For reasons to follow, Mr. Ireland’s opinion evidence, as set out in paragraph 2 above, is admissible. The union’s motion is denied.

5The hearing will resume on January 13, 2015 with Mr. Ireland’s evidence.