A scheduled replay of a past program, with the ability to ask questions.
Sexual Assault Cases in the Criminal Court
Program Chairs
Meaghan Cunningham
Counsel, Crown Law Office - Criminal Chair, Sexual Violence Advisory Group
Megan Schwartzentruber
Partner, Cooper Sandler Shime & Schwarzentruber LLP
Make sure you are up to date on the recent changes in sexual assault law and have the practical tools to investigate, prosecute or defend cases effectively. You should also know when a non-criminal court process is a better option for all involved.
Don’t miss Osgoode Professional Development’s upcoming one-day deep dive into the latest legislation, important decisions and best approaches before, during and after trial.
Optimum outcomes in sexual offence criminal cases are contingent on good education and best practices. An allegation of sexual assault raise unique challenges for lawyers, judges and investigators. In recent years, the justice system’s handling of these cases has come under sustained scrutiny. Join a faculty of top-level lawyers and judges to learn the latest in the law and effective approaches.
Sexual assault cases are difficult for all parties involved. The complainant must undergo emotional and sometimes lengthy cross-examination. The accused faces the stigma of a sexual assault conviction as well as the prospect of a lengthy jail sentence, collection of DNA and compliance with the sex offence registry. There is often no corroboration and much public scrutiny. A widely respected faculty will offer guidance on key challenges and optimal approaches. This conference will be a forum for robust discussion and an opportunity to ask your questions and make your comments.
Plus! Keynote Speaker: The Honourable Leonard Marchand Jr. Chief Justice of British Columbia and Chief Justice of the Yukon Court of Appeal.
Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
Sexual exploitation in the sex trade: Current and emerging issues
Meeting the challenges of concurrent proceedings
Case managing your way through pre-trial motions
Understanding Mens Rea in sexual assault cases
Five Cases for the hip pocket
Assessing credibility in sexual assault cases
Who Should Attend
Criminal lawyers, defence and Crowns (Federal and provincial)
Police sex crimes investigators and trainers
Police and medical regulatory investigators (SIU, College of Physicians & Surgeons, College of Massage Therapists)
Sexual assault victim support workers (medical and social service sectors)
Judges
Civil litigators specializing in sexual assault based civil lawsuits
Faculty
Program Chairs
Meaghan Cunningham
Counsel, Crown Law Office – Criminal Chair, Sexual Violence Advisory Group
Megan Schwartzentruber
Partner, Cooper Sandler Shime & Schwarzentruber LLP
Keynote Speaker (By Live Video)
The Honourable Leonard Marchand Jr.
Chief Justice of British Columbia and Chief Justice of the Yukon Court of Appeal
Instructors
The Honourable Justice Ian Carter
Ontario Superior Court of Justice
Janet Dickie
Crown Counsel, Policy and Justice, B.C. Prosecution Service
Samantha Dineno
Associate, Frodis Family Law PC (Toronto)
Theresa Donkor
Associate, Rudnicki & Company Criminal Lawyers (Toronto)
Teresa Donnelly
West Regional Sexual Violence Crown, Ministry of the Attorney General (Ontario)
Dean Embry
Embry Dann LLP
Kelli Frew
Central West Regional Sexual Violence Crown, Ministry of the Attorney General (Ontario)
The Honourable Justice Gisele Miller
Ontario Superior Court of Justice
Susan Orlando
Ontario Human Trafficking Prosecution Team Lead, Ministry of the Attorney General (Ontario)
*A fact scenario will be provided to registrants to review before the program.
There will be a Judicial Pre-Trial demonstration followed by a panel discussion.
Topics include:
How to identify if something is a “Record” within the meaning of s.278.1
What to do with records in the possession of the Crown
The Crown’s duty to inquire about potentially relevant records
The importance of turning your mind early to issues of records and other sexual activity
The role of victim’s counsel
Managing scheduling issues for pre-trial motions
Strategies for mitigating delay and minimizing time required in court to deal with motions
12:15 p.m. Lunch Break
The Honourable Leonard Marchand Jr.
Chief Justice of British Columbia and the Yukon Court of Appeal
“Trauma and the Trial Process”
Meaghan Cunningham
Chair, Sexual Violence Advisory Group, Ministry of the Attorney General (Ontario)
The Honourable Justice Ian Carter
Ontario Superior Court of Justice
Alexandra Seaman Dawson Duckett Garcia & Johnson (Alberta)
Overview of the mens rea for the offence of sexual assault
Detecting and avoiding myths and stereotypes and mistakes of law in mens rea arguments
Understanding Honest Mistaken Belief in Communicated Consent
Key factors to consider and recent trends in the “Air of Reality” test
Instructing the jury on mens rea when there is no air of reality to honest mistaken belief in communicated consent
2:30 p.m. Break
Janet Dickie
Crown Counsel, Policy and Justice, B.C. Prosecution Service
Theresa Donkor Associate, Rudnicki & Company Criminal Lawyers (Toronto)
Experienced counsel will discuss the five recent “need to know” cases dealing with sexual assault law including sentencing cases.
The Honourable Justice Jill Witkin
Ontario Court of Justice
Teresa Donnelly
West Regional Sexual Violence Crown, Ministry of the Attorney General (Ontario)
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
Jan 17, 2025 9:00 a.m – 4:30 p.m (ET)
Substitution of registrants is permitted at any time prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the start of the program. If a cancellation request is made with less than 14 days notice, an administrative fee equal to 20% of the program cost, to a maximum of $250 will apply per person. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
“It was a topical, timely, thought provoking program put on by a first class faculty. One of the very best CLE programs I have attended in my 28 years of practicing criminal law.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
A scheduled replay of a past program, with the ability to ask questions.
1 Day
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LLMs
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Criminal Law and Procedure
Students typically complete the LLM in two years (6 terms).
Stay competitive with deep dives into the most critical issues in law. Taught by leading experts and designed for flexible learning, choose from multi-day programs or take courses at your own pace to build towards a certificate.
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
Once a program reaches capacity, a waitlist will be created. This does not guarantee your registration in the program; however, it places you on a priority contact list. If any spots become available, you may be notified by email or phone to confirm if you would like to proceed with the registration. Once contacted, you will typically be given 24 hours to confirm your interest. If you do not confirm interest within the provided timeframe, you will be removed from the waitlist and the next person will be contacted.
Many of our programs include 120-day unlimited, online access to view the recorded program. See the program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
If the program includes access to the recording, you will have unlimited online access to the recorded content for 120-days from the end date of the program.
Access is only for the registered delegate. In the event of misuse, access can be revoked.
CPD hours for each program can be found on the program web page and program brochure. For questions regarding CPD hours, please email cpd@osgoode.yorku.ca
A limited amount of financial assistance is available for OsgoodePD Programs unless specific bursary information appears on the program page/program brochure. Head to our Financial Assistance page for more information.
Please reach out to the OPD Technical Support here.
Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
In Person: Attendance for the program will take place at Osgoode Professional Development (1 Dundas Street West, Suite 2602, Toronto, ON M5G 1Z3) unless otherwise specified. Program Materials will be printed and available for pick up upon arrival.
Live Webcast: Designed for busy schedules, attend an online, live webcast using state-of-the-art video-conferencing. Attendance is via live stream with an opportunity to submit questions to the speakers throughout the program. Registration includes downloadable Program Materials and 120-day access to the program archive.
Online Replay: Watch a pre-recorded webcast, which includes a live Q&A with an instructor. Registration includes 120-day access to the program archive.
Program on Demand: Watch a pre-recorded session online, from the comfort of your home or office. Get unlimited access with our online subscription. Registration includes downloadable Program Materials and 120-day access to the program archive.
Unless a program is sold out or otherwise noted, registration closes at 12:00PM (noon) ET the business day before the scheduled program date.
Registration for webinars closes at 10:00 AM ET the morning of the session, unless sold out.
Client and Technical Support
Have questions? Get advice in person, by email or over the phone.
