Agenda
   

 

8:30   Registration and Continental Breakfast
     
9:00  

Welcome and Introduction from the Chairs


Ricardo G. Federico, Barrister-at-Law
David Rose, Neuberger Rose LLP

     
9:05  

Novel DNA Science & Technology


Scientific research is constantly evolving and yielding new information about DNA and the new possibilities for its use. These experts will review
the most recent developments and explore their potential legal implications.

Viral DNA

Moderator
The Hon. Justice Mary Lou Benotto, Superior Court of Justice (Ontario)

Panellists
Karen A. Shea, Assistant Crown Attorney, Crown

Attorney’s Office (Hamilton)
Dr. Paul Sandstrom, National HIV & Retrovirology Laboratories (Ottawa)

  • Viral DNA and the difference compared to molecular DNA
    - different tests?
  • How are viral DNA cases prosecuted? similarities? differences?
  • Unique and challenging procedural issues (ie. voir dires)

National Research Council Report (NRC Report)


Edward J. Ungvarsky, Northern Virginia Capital, Defender Office


The work of those in the forensic science community is vitally important, but they are often strapped in their work for lack of adequate resources, sound policies, and national support. Recognizing that change and advancements, both systemic and scientific, are needed in a number of forensic science disciplines in order to: ensure the reliability of the disciplines; establish enforceable standards; and promote best practices and their consistent application, the United States Congress directed the National Academy of
Sciences to undertake a study that led to this report. The report provides constructive criticism of the current state of forensic labs in the U.S. This session will provide an overview of this report, and discuss:

  • The effect and impact of the NRC Report
  • Compliance with the report
  • Is DNA the gold standard?
     
10:30   Refreshment Break
     
10:45  

Trial Tactics and Perspectives: What Works and What Doesn’t


The Hon. Justice Eugene G. Ewaschuk, Superior Court

of Justice (Ontario)
Suhail A.Q. Akhtar, Assistant Crown Attorney, Crown Attorney’s

Office (Scarborough)
Leo Adler, Adler Bytensky Prutschi

  • Presentation of the evidence
  • Pitfalls and how to avoid them
  • Effective methods of challenging DNA evidence
     
12:00   Luncheon
     
1:00  

DNA Databanking: An International Perspective

Moderator
Ricardo G. Federico, Barrister-at-Law


Panellists
Enzo Rondinelli, Lafontaine & Associates
John S. McInnes, Crown Counsel, Ministry of the

Attorney General, Ontario
Martha Mackinnon, Executive Director, Justice for Children and Youth
Greg Yost, Department of Justice Canada, Criminal Law Policy Section


Part I — The DNA Databank


  • • Review of the RCMP 2008-2009 National DNA Data Bank Annual Report
  • Statutory Review of the DNA Identification Act (June 2009 – 40th parliament, 2nd session)
  • The international exchange of DNA evidence – Interpol police – judicial scrutiny
  • Constitutional validity of current legislation

Part II — Authentication: Natural vs.

Artificial–Fabricated DNA Evidence

  • What is the relevant scientific community when it comes to the DNA databank?
  • What is the authentication process in Canada to clearly define natural vs. artificial-fabricated DNA evidence?
  • Is a DNA databank profile considered to be electronic evidence?
  • What is the relevancy of electronic evidence?
  • What impact does this have on the admissibility of a DNA profile?
  • What is the relevancy of the Canada Evidence Act s.31.1 – 31.8?
  • Double the DNA (Chimera — hybrid humans)
  • The future of the DNA databank
     
3:00   Refreshment Break
     
3:15  

DNA Search and Seizure


Moderator
The Hon. Justice J. David McCombs, Superior Court of Justice (Ontario)

Panellists
David Rose, Neuberger Rose LLP
Liesha D. Earle, Ministry of the Attorney General Ontario

Criminal Law Division

This expert panel will explore the key issues in the collection of DNA evidence and explore the latest developments in this area. Topics include:

  • New Rules under s. 24(2) (Grant case)
  • Arrestee DNA sampling
  • Case law and legislative updates
  • Practical tips and strategies for Crown and defence
     
4:45   Concluding Remarks/Program Ends