The POA Practitioner’s Update: What’s New and Important 2023

9:00 a.m. ET
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 updatesaffecting your POA practice. You’ll hear valuable prosecution, defence and judicial perspectives 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, grant administrative adjournments and extend payment of fines
– The use of certified evidence at trial (s. 48.1)
– The new regulations on defective certificates of offence

The expansion of administrative monetary penalties
• Critical case law update:
‑ Digital exhibits, R. v. Delorme
– Remote testimony, R. v. Molland
‑ Regaining jurisdiction from COVID court closure, York (Regional Municipality) v. Klein
– Appeal of pre–paid fines, Halton (Regional Municipality) v. Saunders
– Appeal of Fail to Respond conviction, Toronto (City) v. Yusuf
– Errors or omissions leading to conviction

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 in the post‑COVID era? In this session, you’ll hear from an expert panel as they examine this and other recent Charter developments.

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

In this session, you’ll hear about recent developments in sentencing with a specific focus on the following two areas:
• Determining the impact of collateral consequences on POA convictions
• The SCC’s recent decision in Nahanee (when a judge imposes a sentence that exceeds the range proposed by the Crown) and how it impacts POA sentencing

2:45 p.m.
Break

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

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

Leading experts will examine some of the key professional challenges confronting today’s POA practitioner. These include:
• Responsibilities of the legal services provider when an error or omission has been committed by their agent
• Maintaining good, effective and appropriate communications with your client

4:30 p.m.
Program Ends