2015 National Criminal Law Program Evidence, Ethics and the Administration of Justice Edmonton, Alberta July 6 to 10, 2015

Transcription

1 FEDERATION OF LAW SOCIETIES OF CANADA FÉDÉRATION DES ORDRES PROFESSIONNELS DE JURISTES DU CANADA National Criminal Law Program 2015 National Criminal Law Program Evidence, Ethics and the Administration of Justice Edmonton, Alberta July 6 to 10, 2015 PROGRAM SCHEDULE Unless noted otherwise, all sessions will take place at the Shaw Conference Centre. Conference Centre doors will open Monday to Friday 45 minutes before the starting presentation. PRE-CONFERENCE: SUNDAY JULY 5 4:00 pm - 7:00 pm Advance Registration Monday morning registration can be hectic so all registrants are encouraged to take advantage of Advance Registration to check-in early, pick up Program materials, and ask any questions about the week ahead. 6:30 pm 8:00 pm First Time Attendee Reception Is this your first time attending the Program? Join us for a casual meet and greet in a local pub (TBA) to meet with other first-timers and experienced faculty members, and learn about the week ahead. Pub style munchies will be included, and a cash bar will be available for alcohol purchases. Make sure you check the First Time Attendee box when registering online! This is an invitation only event. DAY 1: MONDAY JULY 6 8:45 am 9:00 am Welcome and Introductions Program Chairs Local Dignitaries 9:00 am 9:20 am A. Opening Presentation: Reshaping Common Law Rules to Reflect Changing Values Presenter: The Hon. Justice Gregory J. Fitch

2 2 Day 1: Monday July 6 (continued) 9:20 am 10:05 am B. Panel # 1: Foundation Principles: Relevance, Materiality and Admissibility Chair: Jocelyn Speyer The Hon. Justice François Doyon David W. Schermbrucker William Smart, Q.C. 10:05 am 10:25 am C. Point/Counterpoint: Do We Need Exclusionary Rules Beyond Reliability? No: Joyce DeWitt-Van Oosten, Q.C. Yes: Frank Addario 10:25 am 10:45 am Many things that go on this week wouldn t be possible without the generous support of our Sponsors and Exhibitors. Please make the rounds, learn what they have to offer, and drop your business card or fill out a ballot for week long door prizes and book draws. 10:45 am 11:30 am D. Panel #2: Competence and Compellability Chair: The Hon. Justice Richard A. Saull TBA Michael Davies Suzanne Kendall 11:30 am 12:00 pm E. Lectures on Admissibility of Prior Consistent Statements E.1. The Narrative Exception Presenter: Marcy Henschel E.2. What Constitutes an Allegation of Recent Fabrication? Presenter: Joseph Di Luca E.3. Res Gestae Presenter: Cameron H. Gunn, Q.C. 12:00 pm 1:20 pm Lunch (registrants are on their own) So many great restaurants, so little time Don t forget to review the list of nearby restaurants provided by Edmonton Tourism and our Local Planning Committee, included in the Delegate Information Package distributed at check-in. 1:20 pm 2:10 pm F. Panel #3: Is it Hearsay? Chair: The Hon. Justice David Watt Dane Bullerwell Iona M. Jaffe Michael D. Tochor, Q.C.

3 3 Day 1: Monday July 6 (continued) 2:10 pm 3:00 pm G. Panel #4: It is Hearsay: Determining Admissibility Chair: The Hon. Justice Kenneth L. Campbell Willie dewit Trevor Shaw Ann Marie Simmons 3:00 pm 3:20 pm Don t forget to drop by our Exhibitors booths and leave your card or fill out a ballot for a chance to win prizes throughout the week. 3:25 pm 4:25 pm H. Break-out Sessions Please note: advance registration is not required for break-outs. Registrants make break-out selections on site, and seating is on a first-come, first-served basis. When a room reaches capacity, we close the doors. H.1. Using Technology to Advance Your Case in the Courtroom Chair: Scott K. Fenton The Hon. Justice Michal Fairburn Fraser M. Kelly H.2. The Common Purpose [Co-Conspirator s] Exception to the Hearsay Rule**Advanced session, intended for registrants with significant criminal law experience** Chair: Iona M. Jaffe Karen Hewitt Peter J. Wilson, Q.C. H.3. Fresh Evidence on Appeal**Advanced session, intended for registrants with significant criminal law experience** Chair: Eric V. Gottardi Scott C. Hutchison Susan Magotiaux H.4. The Acquisition and Use of Third Party Records Chair: Elizabeth Buckle The Hon. Judge F. Kirk MacDonald David Simon 4:30 pm OPENING RECEPTION Don t miss our Opening Reception in the Conference Centre Foyer. This is a great chance to meet new friends and reconnect with former colleagues. A year is a long time so there s lots of catching up to do! Hors d'oeuvres are included, and a cash bar will be available for alcohol purchases.

4 4 DAY 2: TUESDAY JULY 7 9:00 am 9:45 am I. Panel #5: Right to Counsel Chair: The Hon. Judge Frank Hoskins Ami Kotler Susan Magotiaux Peter J. Wilson, Q.C. 9:45 am 10:30 am J. Lectures on Ethics J.1 Can the Crown Call a Witness For Whose Credibility It Cannot Vouch? Presenter: Fraser M. Kelly J.2 Are There Limitations on Defence Counsel s Ability to Interview Crown Witnesses? Presenter: Richard C. C. Peck, Q.C. J.3 Judicial Intervention at Trial: What Are the Limits? Presenter: William Smart, Q.C. 10:30 am 10:50 am Browse our Exhibitors booths and meet some of the great people who help make this week s learning and networking possible. You ll be surprised how passionate they are about helping you succeed in your practice. 10:50 am 11:35 am K. Panel #6: Right to Silence Chair: Suzanne Kendall Jolaine Antonio Scott K. Fenton The Hon. Justice J.C. Marc Richard 11:40 am 12:40 pm Concurrent Workshops: Small Group Workshop All registrants are automatically placed into Tuesday and Thursday small group workshops. Tuesday and Thursday small group workshops feature two faculty members leading a discussion of scenario based problems, distributed at the time of Program check-in. As an alternative to the Tuesday and Thursday small group workshops, registrants may select to attend one of the below workshops instead. If you wish to attend either of these workshops, please make sure you click the correct box online when registering. Workshops will be filled on a first-come, first-served basis. Writing Workshop (application required) James C. Raymond, Ph.D. Workshop on Management of the Admissibility Voir Dire (application required) The Hon. Justice David Watt

5 5 Day 2: Tuesday July 7 (continued) 12:40 pm 2:00 pm Lunch (registrants are on their own) Remember to review the list of nearby restaurants provided by Destination Halifax and our Local Planning Committee. Also, please note that delegate questions for the Wednesday Ethics Roundtable must be submitted by the end of the Tuesday lunch break. Look for boxes in the Registration and Exhibitor areas. 2:00 pm 2:45 pm L. Panel #7: Privilege Claims by the Crown Chair: Joyce DeWitt-Van Oosten, Q.C. The Hon. Justice Michal Fairburn Cameron H. Gunn, Q.C. The Hon. Judge Hugh M. Harradence 2:45 pm 3:30 pm M. Panel #8: Bringing and Resisting Challenges to Solicitor-Client Privilege Chair: The Hon. Justice Michelle Fuerst Eric V. Gottardi Joseph Di Luca David Simon 3:30 pm 3:50 pm Chat up our Exhibitors and drop your card or fill out a ballot for a chance to win prizes. 3:50 pm 4:30 pm N. Panel # 9: The Most Important Common Law Evidence Case Since Wray - The Faculty Speaks, the Registrants Vote Chair: The Hon. Justice Gregory J. Fitch TBA Michael Davies Mona T. Duckett, Q.C. Please note: registrants will be asked to submit ballots immediately following the panel. Look for a ballot at your seat, and then ballot boxes in the Exhibitor area and as you leave the Plenary room. Results will be announced between Panels 10 and 11 on Wednesday, and one ballot drawn for free registration at 2016 program in Charlottetown or 2017 program in Vancouver. Please note that you must be present to win the future free registration.

6 6 DAY 3: WEDNESDAY JULY 8 9:00 am 9:45 am O. Panel # 10: The Admissibility of Evidence of Bad Character and Extrinsic Misconduct Chair: Peter J. Wilson, Q.C. Elizabeth Buckle The Hon. Judge F. Kirk MacDonald Trevor Shaw 9:45 am 10:30 am P. Panel # 11: Similar Act Evidence Chair: Ann Marie Simmons Frank Addario The Hon. Justice Kenneth L. Campbell Karen Hewitt 10:30 am 10:50 am Browse our Exhibitors booths and learn more about today s best legal publications, products and services to help you be the best criminal lawyer you can be. 10:50 am 11:10 am Q. Point/Counterpoint: Has the Ability of An Accused to Introduce Evidence of a Co- Accused s Bad Character Gone Too Far? Yes: Willie dewit No: David W. Schermbrucker 11:10 am 12:10 pm R. Ask Me Anything about Ethics: A Roundtable Discussion of Difficult Ethical Problems Chair: Richard C. C. Peck, Q.C. The Hon. Justice J.C. Marc Richard Mona T. Duckett, Q.C. Jocelyn Speyer FREE AFTERNOON Registrants are on their only to explore Edmonton, Western Canada s premier event destination, and discover why it draws visitors back again and again. Famous for its genuine hospitality, awardwinning culinary expertise and cultural events, and of course, the beautiful river view, you can expect a smile around every corner. Please note this is the last chance to submit questions for Thursday s Q & A period. Look for Q & A boxes before heading out!

7 7 DAY 4: THURSDAY JULY 9 9:00 am 9:30 am S. Lectures on Opinion Evidence S.1 What is a Properly Qualified Expert? Presenter: Scott K. Fenton S.2 Limits on Expert Witness Testimony Presenter: Susan Magotiaux S.3 Making Expert Evidence Intelligible to the Trier of Fact Presenter: Michael D. Tochor, Q.C. 9:30 am 10:15 am T. Panel # 12: The Admissibility of Evidence Obtained from Searches of Cell Phones and Electronic Devices Chair: Marcy Henschel Jolaine Antonio Scott C. Hutchison The Hon. Justice Richard A. Saull 10:15 am 10:35 am Visit our Exhibitors booths and leave your card or fill out a ballot for a chance to win prizes. 10:35 am 11:20 am U. Demonstration: Use of Prior Inconsistent Statements Judge: The Hon. Justice David Watt Witness: The accused s buddy at the bar room brawl, Willie dewit Crown: Marcy Henschel Defence: Joseph Di Luca 11:25 am 12:15 pm Concurrent Workshops: See the description of the Concurrent Workshops and application processes from the Tuesday program in this Schedule. Small Group Workshop Writing Workshop (application required) James C. Raymond, Ph.D. Workshop on the Management of Evidentiary Issues at Trial (application required) The Hon. Justice David Watt 12:15 pm 1:30 pm Lunch (registrants on their own) Edmonton is a food lover s paradise. See recommendations for nearby restaurants in the Delegate Information Package distributed at Program check-in.

8 8 Day 4: Thursday July 9 (continued) 1:30 pm 2:10 pm V. Panel # 13: The Ethics of Witness Preparation Chair: David W. Schermbrucker Eric V. Gottardi The Hon. Judge Frank Hoskins Iona M. Jaffe 2:10 pm 2:50 pm W. Panel # 14: Evidence of After-the-Fact Conduct Chair: Mona T. Duckett, Q.C. The Hon. Judge Hugh M. Harradence Suzanne Kendall David Simon 2:50 pm 3:05 pm Question Period 3:05 pm 3:25 pm Our Exhibitor area contains a premier list of criminal law vendors and suppliers, eager to showcase their solutions to help simplify your practice. Say hello and drop your card for a chance to win a prize before the Program ends. 3:30 pm 4:30 pm X. Break-out Sessions See the description of the break-out sessions and on-site selection process in the Monday program of this Schedule. X.1 Emerging Areas of Expert Evidence Chair: William Smart, Q.C. Dane Bullerwell The Hon. Justice Kenneth L. Campbell X.2 Third Party Suspects and Inadequate Police Investigations **Advanced session, intended for registrants with significant criminal law experience** Chair: TBA Ami Kotler Michael Davies X.3 Mr. Big Goes to Ottawa **Advanced session, intended for registrants with significant criminal law experience** Chair: Cameron H. Gunn, Q.C. The Hon. Justice Michelle Fuerst Michael D. Tochor, Q.C. Police officer TBA

9 9 Day 4: Thursday July 9 (continued) X.4 Testimonial Protections for Vulnerable Witnesses Chair: The Hon. Judge Frank Hoskins Elizabeth Buckle Jocelyn Speyer 6:00 pm Optional Group Social Event Join faculty, sponsors and registrants for a classic Edmonton extravaganza, details to be announced! Please note this is a ticketed event, not included in the Program registration fee. Enrolment is limited, and the event may be pre-sold by the Program date. DAY 5: FRIDAY JULY 10 9:00 am 9:50 am Y. Panel # 15: Creative Remedies Under s. 24(1) of the Charter Chair: The Hon. Justice Michal Fairburn Frank Addario The Hon. Justice François Doyon Ann Marie Simmons 9:50 am 10:50 am Z. Panel # 16: Supreme Court of Canada Report: Did They Get It Right? A Roundtable Discussion Chair: The Hon. Justice David Watt Joyce DeWitt-Van Oosten, Q.C. The Hon. Justice Gregory J. Fitch Scott C. Hutchison Fraser M. Kelly 10:50 am 11:00 am Closing Remarks 11:00 am Program Concludes