8:00 am – 9:00 am
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Breakfast
Salt Spring Island Room
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9:00 am – 9:05 am
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Opening Remarks
Saturna Island Room
Speaker: The Honourable Eric V. Gottardi, Supreme Court of British Columbia (Vancouver, BC)
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9:05 am – 9:20 am
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Fact Scenario
Saturna Island Room
A fact scenario presented in movie form that will form the basis for the program and raise questions for each of the panels
Speaker: The Honourable Suhail Akhtar, Superior Court of Justice (Toronto, ON)
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9:20 am – 10:00 am
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Dissecting the Fact Scenario
Saturna Island Room
An overview of the legal issues that are present in the fact scenario and a discussion of the multifold strategic and ethical questions that can arise in deciding which pre-trial motions are meritorious.
Speakers:
The Honourable Mark Jetté, Provincial Court of British Columbia (Surrey, BC)
Michelle Booker, Crown Counsel, BC Prosecution Service (Vancouver, BC)
Marilyn Sandford, K.C., Ritchie Sandford McGowan Barristers (Vancouver, BC)
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10:00 am – 10:35 am
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Disclosure Motions
Saturna Island Room
Disclosure is necessary for accused persons to make full answer and defence. But how much is enough? A discussion of relevance and materiality in the electronic age. When is it necessary to bring a formal application for 1st party disclosure? Are there ethical obligations that can arise for defence or Crown counsel in the context of inadvertent disclosure or third-party requests?
Speakers:
The Honourable James I.S. Sutherland, Provincial Court of British Columbia (Vancouver, BC)
Sarah Pringle, Peck and Company (Vancouver, BC)
Marko Vojvodic, Crown Counsel, Criminal Appeals and Special Prosecutions (Vancouver, BC)
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10:35 am – 10:50 am
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Break
Saturna Island Foyer
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10:50 am – 11:25 am
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Directed Verdict Motions
Saturna Island Room
When is it appropriate to bring a “no evidence” motion? What is the legal test and practically what does that look like? What are the strategic factors that militate in favour of, or against, bringing such a motion. The panel will discus these issues and more.
Speakers:
The Honourable Martha M. Devlin, Supreme Court of British Columbia (New Westminster, BC)
Gloria Ng, Platform Litigation (Vancouver, BC)
Michelle Merry, Crown Counsel, BC Prosecution Service (Vancouver, BC)
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11:25 am – 12:05 pm
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Section 11(b) Motions: Life After Jordan
Saturna Island Room
Delay remains a problem in our criminal justice system. Did Jordan actually result in a simplified legal analysis? Have subsequent cases brought us back to a pre-Jordan level of legal complexity? Procedurally when should a Jordan application be brought? Are there exceptions? The panel will discuss these issues and more.
Speakers:
The Honourable Jennifer Lopes, Provincial Court of British Columbia (Surrey, BC)
Michael Klein, K.C., Michael Klein Law Corporation (Vancouver, BC)
Mark Bussanich, Crown Counsel, BC Prosecution Service (New Westminster, BC)
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12:05 pm – 1:00 pm
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Lunch Break
Salt Spring Island Room
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1:00 pm – 1:35 pm
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Charter Motions: How to Prepare and Argue Section 24(2)
Saturna Island Room
What are the best practices to follow when evaluating and selecting Charter motions to advance? Who decides which motions to bring: the lawyer or the client? What ethical guidelines might apply to that consideration? What factors govern the exclusion of evidence and how can you advise clients on the prospects of success? How can you assess if your motion has merit?
Speakers:
The Honourable Chief Justice Glenn D. Joyal, Court of King's Bench of Manitoba (Winnipeg, MB)
Greg P. DelBigio, K.C., Gregory P. DelBigio Law Corporation (Vancouver, BC)
Lauren Chu, Criminal Appeals and Special Prosecutions (Vancouver, BC)
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1:35 pm – 2:10 pm
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Abuse of Process Motions
Saturna Island Room
Misconduct by state actors strikes at the heart of the justice system. However, if it exists – how can it be properly identified and legally proven? What ethical guidelines govern counsel’s decision to make an allegation of abuse against another lawyer? The panel will discuss these issues and more.
Speakers:
The Honourable Nick Devlin, Court of King's Bench of Alberta (Calgary, AB)
Ian Donaldson, K.C., Donaldson's Law (Vancouver, BC)
Louise Kenworthy, K.C., BC Prosecution Service (Vancouver, BC)
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2:10 pm – 2:45 pm
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How to Admit and Resist Expert Evidence
Saturna Island Room
Who is an expert and what is the proper scope of their knowledge and qualifications? Is their evidence necessary? Are they truly independent? Expert evidence has the power to overwhelm a trier of fact. Caution must be employed in calling and examining expert witnesses. The panel will explore these issues.
Speakers:
The Honourable Michael Tammen, Supreme Court of British Columbia (Vancouver, BC)
Stephanie Dickson, Pender Litigation (Vancouver, BC)
Mila Shah, Crown Counsel, BC Prosecution Service (Vancouver, BC)
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2:45 pm – 3:00 pm
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Break
Saturna Island Foyer
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3:00 pm – 3:30 pm
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Summary Dismissal Motions: Life After Haevischer
Saturna Island Room
The Supreme Court of Canada recently cautioned counsel against the overuse of Vukelich motions. In what circumstances can the motion still be responsibly brought? Are there any ethical limitations on counsel in deciding whether to bring one of these motions?
Speakers:
The Honourable M. Joyce DeWitt-Van Oosten, Court of Appeal of British Columbia (Vancouver, BC)
Matthew Nathanson, Matthew Nathanson Law Corporation (Vancouver, BC)
Alexander M. Willms, Crown Counsel, Criminal Appeals and Special Prosecutions (Vancouver, BC)
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3:30 pm – 4:30 pm
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Ask the Judges Anything
Saturna Island Room
Your chance to ask the judges anything on any area of criminal law.
Speakers:
The Honourable Chief Justice Glenn D. Joyal, Court of King's Bench of Manitoba (Winnipeg, MB)
The Honourable M. Joyce DeWitt-Van Oosten, Court of Appeal of British Columbia (Vancouver, BC)
The Honourable Nick Devlin, Court of King's Bench of Alberta (Calgary, AB)
The Honourable Jennifer Lopes, Provincial Court of British Columbia (Surrey, BC)
The Honourable Sheilah L. Martin, Supreme Court of Canada (Ottawa, ON)
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4:30 pm – 4:35 pm
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Closing Remarks
Saturna Island Room
Speaker: The Honourable Suhail Akhtar, Superior Court of Justice (Toronto, ON)
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4:35 pm – 6:00 PM
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Closing Reception
Salt Spring Island Room
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