Crown Counsel, Crown Law Office – Criminal Ministry of the Attorney General (Ontario)
Katie Doherty
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Lynda Morgan
Addario Law Group LLP
Take advantage of this unique opportunity to take a deep dive into how to draft legally solid and successful warrants.
Court decisions continue to make apparent the importance of clear, accurate and complete warrant applications, and the dire consequences of deficient drafting.
This practical program will give you the knowledge and skills you need to draft, review, and revise a wide variety of search warrants, and to identify and develop winning strategies for defending or attacking them.
Registration includes 120-day unlimited, online access to the recorded program. Please note the workshop will NOT be recorded.
What You’ll Learn
Practical Issues in the Warrant Process: Cross-Discipline Panel Discussion
Latest Hot Issues in Computer and Related Technology Searches
Review of the Foundational Principles of Search and Seizure
Warrant Writing and Reviewing 101
Informers and Tipsters: Challenges and Strategies for Using Anonymous Sources
Who Should Attend
Law enforcement officers
Regulatory investigators (federal and provincial)
Defence lawyers
Judges, including Justices of the Peace and lower court judges form all provinces and territories
Crown Attorneys and Federal Prosecutors
Faculty
Program Chairs
Matthew Asma
Crown Counsel, Crown Law Office – Criminal Ministry of the Attorney General (Ontario)
Katie Doherty
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Lynda Morgan
Addario Law Group LLP
Instructors
Matthew Asma
Crown Counsel, Crown Law Office – Criminal Ministry of the Attorney General (Ontario)
The Hon. Justice Steve Coroza
Ontario Court of Appeal
Rebecca De Filippis
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Katie Doherty
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Molly Flanagan
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
David Fraser
McInnes Cooper
Andrew Hotke
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
The Honourable Justice Mabel Lai
Ontario Court of Justice
Maggie Loda
Counsel, Public Prosecution Service of Canada (Vancouver)
Diana Lumba
Legal Counsel, Public Prosecution Service of Canada
Lynda Morgan
Addario Law Group LLP
Jason Neubauer
General Counsel & Assistant Crown Attorney, Ministry of the Attorney General (Ontario)
Alexandra Seaman
Dawson Duckett Garcia & Johnson (Alberta)
Samara Secter
Addario Law Group LLP
Michael Ventola
Assistant Crown Attorney, Newmarket Crown Attorney’s Office, Ministry of the Attorney General (Ontario)
Det. Dave Webster
Toronto Police Service
Tammy Lee
RCMP
“The content was in-depth and interesting. The presenters were engaging, and the material used relied on recent case law. I liked how the course incorporated an assignment section and critiqued the work of others.
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Agenda
Welcome and Introduction
Lynda Morgan
Addario Law Group LLP
Michael Ventola Assistant Crown Attorney, Newmarket Crown Attorney’s Office, Ministry of the Attorney General (Ontario)
This opening session will give you comprehensive and up‑to‑date coverage of the organizing principles governing search and seizure, including:
Reasonable expectations of privacy
When is judicial pre‑authorization required?
The role of the issuing justice
Reasonable grounds for belief or suspicion
Katie Doherty
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Molly Flanagan Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Taking you through examples, the faculty will address the fundamentals of warrant drafting and reviewing, including:
Analyzing fact situations, spotting issues and developing investigative strategies to acquire evidence
Reviewing fact situations to identify issues with sourcing and confidential information
Analyzing and drafting outlines for complex fact patterns
Writing to the section and three question writing
10:30 a.m.
Health Break
Warrant Writing and Reviewing 101 (part 2)
Matthew Asma
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Maggie Loda General Counsel, Public Prosecution Service of Canada
Whether searching computers and tech devices on site, seizing them for later examination, or accessing “cloud” data remotely, all pose unique challenges to investigators, issuers, reviewers and litigators. In the last decade, the Supreme Court of Canada’s decisions in Vu, Telus Communications, Fearon, Spencer, Marakah, Reeves, and Mills, have repeatedly changed the landscape, making this a particularly dynamic area of search law. This session will teach participants the new state of the law, with the challenges it poses for drafting and lawfully executing warrants. It will also teach a practical approach to structuring computer warrants that can help meet those challenges.
12:15 p.m.
Lunch Break
David Fraser
McInnes Cooper LLP
Andrew Hotke
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Provincial and international borders pose significant jurisdictional challenges in both obtaining and executing search warrants. The jurisdictional breadth of Criminal Code production orders can engage international conflict of law issues. This can be particularly challenging in relation to social media evidence, often collected and stored by multinational companies with whom many Canadians interact. These speakers will address some of the key issues in this area including:
What do production orders permit and against whom?
Advantages and disadvantages of using treaty provisions
The types of data that is most likely to raise litigation
Some of the drafting challenges to writers attempting to obtain data stored abroad
The Hon. Justice Steve Coroza Ontario Court of Appeal
Diana Lumba
Legal Counsel, Public Prosecution Service of Canada
Samara Secter
Addario Law Group LLP
Det. Dave Webster
Toronto Police Service
Learn about the perils and pitfalls of search warrants from a lively and interactive discussion by an expert panel, followed by a Q&A session for online questions from participants.
3:00 p.m.
Health Break
Jason Neubauer
General Counsel & Assistant Crown Attorney, Ministry of the Attorney General (Ontario)
Alexandra Seaman Dawson Duckett Garcia & Johnson LLP
Even when the ITO is well‑written, how a warrant is later executed can itself constitute a breach of Section 8. The potential issues include over seizure by misuse of the plain view doctrine, failing to keep appropriate records that explain how the search was executed (and why). This session will focus on the myriad of issues that arise when assessing the legality of execution including:
Whether there is a right to detain or search occupants on scene
The requirement for detailed records
The limits of “plain view”
In and out rule
After the fact documents including Reports to a Justice
Return of seized items not needed post warrant execution
Authority to photograph
Rebecca De Filippis
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
The Hon. Justice Mabel Lai
Ontario Court of Justice
How can investigators overcome a password or a biometric lock that stands in the way of executing the warranted search of a digital device or cloud account? This panel will explore possible means of obtaining password and biometrics (both from suspects and third parties), production orders, assistance orders, general warrants, and issues of self‑incrimination, consent and rights to counsel.
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:
Assistant Crown Attorney, Ministry of the Attorney General (Ontario)
“One of the most comprehensive, efficient and practical seminars I have attended in 15 years with MAG.”
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