Opening Remarks

Eric V. Gottardi, K.C., Peck and Company (Vancouver, BC)

The Fact Scenario

A fact scenario presented in movie form that will form the basis for the program and raise questions for each of the panels

Presented By:
The Honourable Suhail Akhtar, Superior Court of Justice (Toronto, ON)

Dissecting the Fact Scenario
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The panel will analyse the issues arising from the fact scenario and offer insight and tips on how to navigate the difficult areas that are common to all sexual assault trials.

Speakers:
The Honourable Mark Jetté, Provincial Court of British Columbia (Fraser Region)
Richard Fowler, K.C., Fowler and Blok, Barristers (Vancouver, BC)
Michelle Booker, Crown Counsel, BC Prosecution Service (Vancouver, BC)

Section 276: The Law and Procedure

An overview of the law and procedure to be followed when the defence make an application to adduce evidence of “other sexual activity”. What constitutes “other sexual activity”? When is the evidence too prejudicial?

Speakers:
The Honourable Reginald Harris, Provincial Court of British Columbia (Vancouver Region)
Brock Martland, K.C., Martland & Saulnier (Vancouver, BC)
Janet A. M. Dickie, Crown Counsel, BC Prosecution Service (Vancouver, BC)

Health Break

What is a Record? Section 276/278

What is the meaning of a “record” within the parameters of s.276/278? When does the defence need to make an application to be admitted? How does the Crown respond? What is the best use of a motion for directions?

Speakers:
The Honourable Jeffrey Campbell, Provincial Court of British Columbia (Fraser Region)
Rachel Wood, Peck and Company (Vancouver, BC)
Joanna Medjuck, Crown Counsel, BC Prosecution Service (Vancouver, BC)

Section 278 – The Law and Procedure in a Post-J.J. World

An overview of s. 278 and the obtaining and admission of records in a sexual assault trial. How should the defence best advance its application? What role does the Crown play given the complainant’s counsel’s involvement? What considerations govern the production and admission of records?

Speakers:
The Honourable Jennifer Lopes, Provinical Court of British Columbia (Fraser Region)
Gloria Ng, Platform Litigation (Vancouver, BC)
Michelle Merry, Crown Counsel, BC Prosecution Service (Richmond, BC)

Lunch Break

Honest but Mistaken Belief in Communicated Consent

An overview of the defence of honest mistaken belief. When can it be raised? What are its limits? What does the defence need to establish? How does the Crown disprove the defence?

Speakers:
The Honourable Michael Tammen, Supreme Court of British Columbia (Vancouver, BC)
Ian Donaldson, K.C., Donaldson's Law (Vancouver, BC)
Jennifer Horneland, Crown Counsel, BC Prosecution Service (Richmond, BC)

The Use and Abuse of Prior Consistent Statements

An overview of the admission and use of prior consistent statements. When should they be admitted as narrative? Are they admissible as the truth? Do they become admissible through the conduct of the parties?

Speakers:
The Honourable Patrick Healy, Court of Appeal of Quebec
Caroline Senini, Peck and Company (Vancouver, BC)
Mila Shah, Crown Counsel, BC Prosecution Service (Vancouver, BC)

Prior Discreditable Conduct and Similar Fact in Sexual Assaults

An overview of prior discreditable conduct in sexual assault. What is the legal test? What procedure should be followed? What happens when there is more than one complainant on the indictment? How do the Crown and defence argue their positions?

Speakers:
The Honourable Richard A. Saull, Court of Kings' Bench of Manitoba (Winnipeg, MB)
Greg DelBigio, K.C., Barrister & Solicitor (Vancouver, BC)
Rob Macgowan, Crown Counsel, BC Prosecution Service (Abbotsford, BC)

Health Break

Cross-examining the Sexual Assault Complainant

Tips on the best way to cross-examine a sexual assault complainant and how the Crown can best ensure that any cross-examination is contained to only the issues relevant at trial.

Speakers:
The Honourable Janet Winteringham, Court of Appeal of British Columbia (Vancouver, BC)
Matthew Nathanson, MN Law (Vancouver, BC)
Jacinta Lawton, Crown Counsel, BC Prosecution Service (Vancouver, BC)

The Common Sense Inference vs. Myths and Stereotypes

What common sense inferences can be drawn from facts in a sexual assault case? What myths and stereotypes must be avoided? What should counsel be asking judges to instruct juries upon when these issues arise in a sexual assault trial? How has recent case law changed this area of the law?

Speakers:
The Honourable Elizabeth Hughes, Court of Appeal of Alberta (Calgary, AB)
Tony Paisana, Peck and Company (Vancouver, BC)
Susanne Elliott, K.C., Crown Counsel, BC Prosecution Service (Vancouver, BC)

Ask the Judges Anything

Your chance to ask the judges anything on any area of criminal law.

Speakers:
The Honourable Elizabeth Hughes, Court of Appeal of Alberta (Calgary, AB)
The Honourable Janet Winteringham, Court of Appeal of British Columbia (Vancouver, BC)
The Honourable Patrick Healy, Court of Appeal of Quebec
The Honourable Richard A. Saull, Court of Kings' Bench of Manitoba (Winnipeg, MB)

Moderator: Kevin Westell, Pender Litigation (Vancouver, BC)

Closing Remarks

The Honourable Suhail Akhtar, Superior Court of Justice (Toronto, ON)

Closing Reception
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