The POA Practitioner’s Update: What’s New and Important 2022

8:45 a.m. ET
Program Login

9:00 a.m.
Chair’s Opening Remarks

The Hon. Justice Rick Libman, Ontario Court of Justice

9:15 a.m.
Legislative and Critical Case Law Updates

Grace Condello, Neuberger & Partners LLP
The Hon. Justice Rick Libman, Ontario Court of Justice
Volga Pankou, Associate Counsel, Prosecutions, Regional Municipality of York

This opening session will bring you up to speed on important recent decisions and legislative updates affecting your POA practice. You’ll get expert insight on important developments over the last twelve months including:
• Legislative updates impacting the Provincial Offences Act:
‑ The new powers given to clerks of the court to impose default convictions and grant extensions of time
‑ The new regulations on defective certificates of offence
• Issues associated with virtual, in‑person and/or hybrid hearings, including when to request them
• Recent cases on the admissibility of evidence in the POA context

10:45 a.m.
Break

11:00 a.m.
Charter Litigation and its Impact on Provincial Offences

The Hon. Justice Rick Libman, Ontario Court of Justice
Fredrick Schumann, Stockwoods LLP
Erin Winocur, Assistant Crown Attorney, Crown Attorney’s Office (Toronto)

How will the criteria for unreasonable delay be considered and applied to the pandemic? In this session, you’ll hear from an expert panel as they examine this and other recent Charter developments including:
• Disclosure practices in making full answer and defence in the POA context
• The impact of the Charter on virtual provincial offences proceedings
• Charter remedies and the effect of the pandemic

12:30 p.m.
Lunch Break

1:15 p.m.
Recent Developments in Sentencing

Daniel Kleiman, Counsel, Ministry of Labour (Ontario)
The Hon. Justice Rick Libman, Ontario Court of Justice
Royland Moriah, MacGregor Moriah Horic LLP

The pandemic continues to give rise to new rules and procedures relating to sentencing. In this session, you’ll hear about these recent developments, along with best practices for addressing potential difficulties in advocating within these new parameters. Experts will discuss:
• Taking the pandemic into account when negotiating resolutions with the other side
• Quantum of fines and relief from payment of minimum fines – section 59(2) of the POA
• The sentencing process and remote hearings, including plea inquiry and the use of breakout rooms

2:45 p.m.
Break

3:00 p.m.
Ethics and Professionalism for the POA Practitioner

The Hon. Justice Rick Libman, Ontario Court of Justice
Melina Macchia, Kim Schofield & Associates
Kristina MacDonald, Discipline Paralegal Litigation Service, Law Society of Ontario

Examine some of the key professional challenges confronting today’s POA practitioner. These include:
• Professionalism issues associated with the use of electronic communications in light of the Rules of Professional Conduct
• Strategies and approaches when representing vulnerable clients
• Representing clients remotely, in‑person and/or in hybrid hearings: The duty of competency and avoiding conflicts

4:15 p.m.
Program Ends