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.
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)
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.
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Criminal Law and Procedure
Application Open
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.
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