Counsel, Crown Law Office - Criminal Chair, Sexual Violence Advisory Group
Megan Schwartzentruber
Partner, Cooper Sandler Shime & Schwarzentruber LLP
Keep current on recent changes in sexual assault law and get the practical tools you need to investigate, navigate, prosecute or defend cases ethically and effectively and determine when to pursue non-criminal court options.
Optimum outcomes in sexual offence criminal cases are contingent on up-to-date education and solid knowledge of best practices.
An allegation of sexual assault raises unique challenges for lawyers, investigators, judges and survivors.
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. Often there is no corroboration and much public scrutiny.
A widely respected faculty will offer guidance on key challenges and optimal approaches. Including new international initiatives This conference will be a forum for robust discussion and an opportunity to ask your questions and make your comments.
Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
New restorative justice approaches
Current case law
Considering options for survivors: criminal justice system or alternatives?
Cross-examination under the microscope
New international approaches for pre-trial hearings
Consent, capacity and memory issues
Credibility assessments
Distinguishing myth from common sense
Understanding the impacts of trauma
Current state of accountability
Sentencing trends
How the Independent Legal Assistance program works
Consequences of criminal findings of guilt including on family and immigration proceedings
Who Should Attend
Criminal lawyers, defence and Crowns (Federal and provincial)
Police sex crimes investigators and trainers
Law enforcement and medical regulatory investigators (SIU, College of Physicians & Surgeons)
Sexual assault victim support workers (medical and social service sectors)
Judges
Civil litigators specializing in sexual assault based civil lawsuits both plaintiff and defence
Family law and Immigration lawyers Paralegals
Faculty
Program Chairs
Meaghan Cunningham
Counsel, Crown Law Office – Criminal Chair, Sexual Violence Advisory Group
Megan Schwartzentruber
Partner, Cooper Sandler Shime & Schwarzentruber LLP
Keynote Speakers
Benjamin Roebuck
Federal Ombudsperson for Victims of Crime
Hoori Hamboyan
Senior Advisor, Office of the Federal Ombudsperson for Victims of Crime
“Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation”
Instructors
Hussein Aly
Alpha Legal Team
Adam Badari
Sexual Violence Prosecutions Coordinator, Alberta Crown Prosecution Service
Stephanie Brown
Martin Barristers
The Hon. Justice Susan Chapman
Ontario Court of Justice
Neha Chugh
Chugh Law Professional Corporation
Neville Golwalla
Assistant Crown Attorney, Crown Law Office – Criminal , Ontario Ministry of the Attorney General
Charles Granek
Criminal Defence Lawyer
Paul Harvey
Assistant Principal Crown Counsel Crown Office and Procurator Fiscal Service, Scotland
Emily Lam
Emily Lam Law
Robin Parker
Counsel, Paradigm Law Group
The Honourable Justice Dana Peterson
Ontario Court of Justice
Karen Pritchard
Violence Advisory Group, Ontario Ministry of the Attorney General
Melanie Randall
Associate Professor, Faculty of Law, Western University
Jacqueline Swaisland
Landings LLP
Siobhain Wetscher
Assistant Crown Attorney, Crown Law Office-Criminal, Ontario Ministry of the Attorney General
Alexi Wood
St. Lawrence Barristers PC
Criminal Defence Lawyer
“This program 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 practicing criminal law. ”
Agenda
9:00 a.m. Welcome and Land Acknowledgement from Osgoode
Program Introduction by the Chairs
9:10 a.m. Considering the Options for Survivors: Criminal System or Alternatives?
Benefits and limitations of the criminal justice system
Exploring the benefits and limitations of the criminal legal system and other available pathways
Independent legal advice
Melanie Randall, Associate Professor, Faculty of Law, Western University
Alexi Wood, St. Lawrence Barristers PC
Neha Chugh, Chugh Law Professional Corporation Robin Parker, Paradigm Law Group
10:45 a.m. New Ideas from Abroad: Pre-Hearing Ground Rules
Paul Harvey, Assistant Principal Crown Counsel, Crown Office and Procurator Fiscal Service, Scotland
Q&A with Meaghan Cunningham, Counsel, Crown Law Office – Criminal Chair, Sexual Violence Advisory Group
11:15 a.m. Cross-Examination Under the Microscope
Tactical considerations: What matters and what doesn’t
Confrontation in the courtroom
When does cross-examination get to the truth? Strategic considerations in cross – examining and objecting
Ethical and professional responsibility: issues and requirements
Moderator:
Meaghan Cunningham, Counsel, Crown Law Office – Criminal Chair, Sexual Violence Advisory Group
The Honourable Justice Susan Chapman, Ontario Court of Justice
Karen Pritchard, Violence Advisory Group, Ontario Ministry of the Attorney General
Hussein Aly, Alpha Legal Team
1:00 p.m. Keynote Address
“Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation”
Benjamin Roebuck, Federal Ombudsperson for Victims of Crime
Hoori Hamboyan, Senior Advisor, Office of the Federal Ombudsperson for Victims of Crime
1:30 p.m. Consent and Capacity
Case law update
How to frame the argument
Tips for dealing with memory issues
Stephanie Brown, Martin Barristers
Adam Badari, Sexual Violence Prosecutions Coordinator, Alberta Crown Prosecution
2:30 p.m. Credibility Assessment
Distinguishing myth from common sense
When do inconsistencies matter?
Mental health issues, when are they relevant
Distinguishing credibility from reliability
Moderator:
Megan Schwartzentruber, Partner, Cooper Sandler Shime & Schwarzentruber LLP
The Honourable Justice Dana Peterson, Ontario Court of Justice
Neville Golwalla, Assistant Crown Attorney, Crown Law Office – Criminal , Ontario Ministry of the Attorney General
Charles Granek, Criminal Defence Lawyer
3:30 p.m. Consequences: Impact of Sentencing on Accused
Racialized accused and consequences of a conviction
Relevant sentencing submissions impacting other proceedings
The Restorative Justice process
Ancillary Orders and the Sex Offender Information Registration Act (SOIRA)
General trends in sentencing
Recent appellate decisions
Kinds of immigration consequences that can result from certain sentencing decisions
How to get evidence before the court about a particular immigration consequence at issue in a given case
Emily Lam, Emily Lam Law
Siobhain Wetscher, Assistant Crown Attorney, Crown Law Office- Criminal, Ontario Ministry of Attorney General
Jackie Swaisland, Landings LLP
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
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A scheduled replay of a past program, with the ability to submit questions.
1 Day
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