PROGRAM SCHEDULE Unless noted otherwise, all sessions will take place at the St. John s Convention Centre.

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Evidence, Ethics and the Administration of Justice July 9-13, 2018 St. John's, Newfoundland and Labrador PROGRAM SCHEDULE Unless noted otherwise, all sessions will take place at the St.

1 Evidence, Ethics and the Administration of Justice July 9-13, 2018 St. John's, Newfoundland and Labrador PROGRAM SCHEDULE Unless noted otherwise, all sessions will take place at the St. John s Convention Centre. Pre-Program: Sunday, July 8 3:30 pm 6:30 pm Advance Check-in Avoid the Monday morning line-ups! Check-in early and pick up your nametag and any materials or other items you ordered. 6:00 pm 8:00 pm First Time Attendee Reception It s your first time! Get out there and meet people. Details will be sent to invitees a couple of weeks before the Program. Day 1: Monday, July 9 7:45 am Conference Centre doors open for delegate check-in. Coffee and a breakfast item included. 8:45 am - 9:00 am Welcome and Introductions Program Chairs Local Dignitaries 9:00 am - 9:40 am A. Opening Presentation: Professional Responsibility in the Administration of Criminal Justice (Fireside Chat) The Hon. Justice David Watt and The Hon. Justice Malcolm Rowe 9:40 am - 10:25 am B. Panel #1: Practical Application of Foundational Principles: Relevance, Materiality and Admissibility Chair: The Hon. Justice Joyce DeWitt-Van Oosten Gerald Chan The Hon. Justice J.C. Marc Richard Randy Schwartz 10:25 am - 10:45 am Many things that go on this week wouldn t be possible without the generous support of our Sponsors and Exhibitors. Please make the rounds, learn what our Exhibitors have to offer, and drop off your business card or fill out a ballot for door prizes and book draws.

2 10:45 am - 11:15 am C. Lectures on Witness Competence and Compellability C.1 What is Competence and Why Does It Matter? Presenter: Michael D. Tochor, Q.C. C.2 Who is Compellable; Who is Not; and What It Means for Practice Presenter: Karen E. Endres C.3 Trial Judge s Authority to Call a Witness Presenter: The Hon. Justice Iona M. Jaffe 11:15 am - 12:00 pm D. Panel # 2: Admissibility and Use of Prior Statements Chair: Trevor Shaw Nader Hasan Andi MacKay The Hon. Justice Jocelyn Speyer 12:00 pm - 1:20 pm Lunch (on your own) So many great restaurants, so little time Don t forget to review the list of nearby restaurants provided by Destination St. John s and our Local Planning Committee. 1:20 pm - 2:10 pm E. Panel #3: Hearsay Evidence: Its Definition and Current Approach to Admissibility* Chair: The Hon. Judge Frank Hoskins Dane Bullerwell Michelle Booker Tannis King *Audience response technology to be used with this Panel. 2:10 pm - 3:00 pm F. Demonstration: Managing Hearsay Issues in the Courtroom Judge: The Hon. Justice Michelle Fuerst Crown: Cameron H. Gunn, Q.C. Defence: David W. Schermbrucker 3:00 pm - 3:20 pm Introduce yourself to our Exhibitors and pick up cutting edge publications and practice tips! 3:20 pm - 4:20 pm G. Concurrent Break-out Sessions Advance registration is not required for break-outs. Delegates select break-out sessions on site. Seating is on a first-come, first-served basis. G.1 French Language Breakout The Rule in Browne v. Dunn Chair: Giuseppe Battista, Ad. E. Lyne Décarie François Lacasse G.2 Evidentiary Issues Relating to Wiretap Advanced session, intended for registrants with significant criminal law experience Chair: Scott K. Fenton Scott C. Hutchison Susan Magotiaux G.3 Evidence at Bail Hearings: First Instance, Bail Review and Bail Pending Appeal Chair: Eric V. Gottardi Gerald Chan The Hon. Justice Marcy Henschel G.4 Acquisition and Use of Third Party Records Chair: The Hon. Judge Elizabeth A. Buckle Michael Davies Lesley Ruzicka 2

3 4:30 pm Opening Reception Don t miss our annual Opening Reception. This is a great chance to meet new friends and reconnect with former colleagues. A year is a long time so there s lots of catching up to do! Hors d'oeuvres are included, and a cash bar will be available. Day 2: Tuesday, July 10 7:40 am Conference Centre doors open early for Mentoring Breakfast attendees. Pre-registration is required. Coffee and a breakfast item for all delegates will be available starting at 8:15 am. 7:45 am 8:45 am Mentoring Breakfast Over a light breakfast, selected faculty interact with registrants with five years or less criminal law experience. This session involves informal discussion about common practice and file management problems, as experienced by prosecutors and defence counsel. Pre-registration is required and registrants are welcome to submit questions in advance. 9:00 am 9:30 am Sexual Assault Prosecutions: Virtual Lectures on Developing Issues The Impact of Trauma on Recollection & Disclosure Presenter: TBD New Approaches to Evidence-Gathering in Sexual Assault Investigations Presenter: TBD Managing Prosecutions in a Social Media World Presenter: TBD Respecting Fundamental Principles Presenter: TBD 9:30 am 10:30 am H. Panel #4: Evidence in Sexual Assault Prosecutions Chair: The Hon. Justice Sheilah L. Martin Teresa Donnelly The Hon. Judge Hugh M. Harradence Danielle Robitaille 10:30 am - 10:50 am Browse our Exhibitors booths and meet some of the great people who help make this week s learning and networking possible. You ll be surprised how passionate they are about helping you succeed in your practice. 10:50 am 11:35 am I. Lectures on Ethics I.1 Civility in the Courtroom: Roles and Responsibilities Presenter: Ami Kotler I.2 Defence Obligations in Managing Disclosure Materials Presenter: Michael Davies I.3 Judicial Intervention at Trial: What Are the Limits? Presenter: The Hon. Judge Elizabeth A. Buckle 3

4 11:40 am - 12:40 pm Concurrent Workshops Unless you selected the Persuasive Writing Workshop, or the Workshop on Fundamentals of Leading Evidence at Trial, or the Advanced Workshop on Managing Complex Criminal Trials in advance during online registration, you are automatically placed into the Tuesday and Thursday Small Group Workshops. Small Group Workshop #1 Presenters: Faculty Members Two faculty members lead a discussion of scenario based problems, with a group of 20 to 30 registrants. Workshop problems will be available in advance.english or French workshop available. Persuasive Writing Workshop - Part 1 (application required by registrants) Presenter: James C. Raymond, Ph. D. A unique opportunity to learn an issue-driven approach to legal writing, applicable to every phase of litigation from drafting indictments to writing appellate judgments. The result is shorter pleadings and judgments, better organization, clearer style, and more precise logic. Suitable for judges and counsel. Participants may provide writing samples in advance or bring a writing sample, to be used as the basis of a revision exercise. Workshop on Fundamentals of Leading Evidence at Trial - Part 1* (application required by registrants) Presenters: Fraser M. Kelly Suzanne Kendall This workshop will explore fundamental principles that govern the admission of different forms of evidence at trial, with a particular focus on practical advice that assists counsel with: (1) identifying the criteria for admissibility in advance; (2) marshaling evidence in anticipation of the burdens to be met; (3) leading or responding to the evidence; and (4) framing the evidence (and its related issues) for the trier of fact. This workshop will be in two parts, with each part addressing three or four different types of evidence that are common in criminal proceedings. *Audience response technology to be used with this Workshop. Advanced Workshop on Managing Complex Criminal Trials - Part 1 (application required by registrants) Presenters: Eric Gottardi The Hon. Justice Marcy Henschel This workshop will focus on complex criminal trials, or mega-trials, and over two sessions, it will explore substantive and procedural issues unique to these cases. The workshop is intended for counsel with at least 10 years of experience, as well as trial judges, who may be engaged in this type of work, or anticipate doing so. Matters to be canvassed include: (1) specific evidentiary issues that might arise in these cases (i.e. Mr. Big confessions; KGB statements; co-conspirator exception(s); Vetrovec warnings); (2) witness management, including security issues; (3) case management and trial management powers, their necessity and limits; (4) managing large-scale disclosure; (5) pre-trial motions, including ss. 24(1) and (2) of the Charter; and (6) practical strategies for counsel and judges in preparing for, and responding to, the complexity, intensity and length of these proceedings. 12:40 pm - 2:00 pm Lunch (on your own) Remember to review the list of nearby restaurants provided in the Delegate Information Package you received at check-in. Also, please note that delegate questions for the Wednesday Ethics Roundtable must be submitted by the end of the Tuesday lunch break. Look for boxes in the Registration and Exhibitor areas. 4

5 2:00 pm - 2:45 pm J. Panel #5: Solicitor-Client Privilege Chair: Randy Schwartz Lyne Décarie Scott K. Fenton Erin Winocur 2:45 pm - 3:30 pm K. Panel #6: Other Forms of Privilege (Class and Non-Class) Chair: David W. Schermbrucker The Hon. Judge Wayne Gorman The Hon. Justice Iona M. Jaffe Jonathan Rudin 3:30 pm - 3:50 pm Chat up our Exhibitors and drop off your card or fill out a ballot for a chance to win prizes. 3:50 pm - 4:30 pm L. Panel #7: The Most Overrated Common Law Evidence Case Since Wray - The Faculty Speaks, the Registrants Vote Chair: Frank Addario Allison Dellandrea Scott C. Hutchison Susan Magotiaux Registrants should submit ballots immediately following the panel. Look for a ballot at your seat, and then ballot boxes in the Exhibitor area and as you leave the Plenary room. Results will be announced Wednesday morning. One ballot will be drawn for free registration to the 2019 NCLP in Ottawa. Please note that you must be present to win the draw. Day 3: Wednesday, July 11 8:15 am Conference Centre doors open. Coffee and a breakfast item included. 9:00 am - 9:45 am M. Panel #8: Evidence of Bad Character and Extrinsic Misconduct Chair: The Hon. Justice J.C. Marc Richard Frank Addario Lyne Décarie Jonathan Rudin 9:45 am - 10:30 am N. Panel #9: Similar Act Evidence Chair: Suzanne Kendall The Hon. Judge Frank Hoskins François Lacasse Nader Hasan 10:30 am - 10:50 am Browse our Exhibitors booths and learn more about today s best legal publications, products and services to help you be the best criminal practitioner you can be. 5

6 10:50 am - 11:10 am O. Point/Counterpoint: Lay Witness Opinion Evidence: Should it be Prohibited? No: Gerald Chan Yes: Cameron H. Gunn, Q.C. 11:10 am - 12:10 pm P. Ask Me Anything about Ethics: A Roundtable Discussion* Chair: The Hon. Justice Jocelyn Speyer Guiseppe Battista, Ad. E. Teresa Donnelly The Hon. Justice Sheilah L. Martin *Audience response technology to be used with this Panel. FREE AFTERNOON Explore beautiful St. John s and discover why it draws visitors back again and again. Look for updates in advance s and on the FLSC website about optional third party group outings with McCarthy s Party. These events are not included in the conference registration fee. This is also the last chance to submit questions for Thursday s Q & A period. Look for Q & A boxes before heading out! Day 4: Thursday, July 12 7:40 am Conference Centre doors open early for Mentoring Breakfast attendees. Pre-registration is required. Coffee and a breakfast item for all delegates will be available starting at 8:15 am. 7:45 am 8:45 am Mentoring Breakfast Over a light breakfast, selected faculty interact with registrants with five years or less criminal law experience. The session involves informal discussion about common practice and file management problems, as experienced by prosecutors and defence counsel. Pre-registration is required and registrants are welcome to submit questions in advance. 9:00 am - 9:30 am Q. Lectures on Expert Opinion Evidence Q.1 Admissibility of Expert Opinion Evidence: The Mohan Criteria Presenter: Trevor Shaw Q.2 Limits on Expert Witness Testimony, Even When Admissible Presenter: The Hon. Justice Jocelyn Speyer Q.3 The Role of the Expert: The Importance of Independence Presenter: Lesley Ruzicka 9:30 am - 10:15 am R. Panel #10: Prosecuting and Defending Drug Impaired Driving Cases Chair: The Hon. Justice Iona M. Jaffe Michael D. Tochor, Q.C. Erin Winocur DRE Officer TBD as Guest Panelist 10:15 am - 10:35 am Visit our Exhibitors booths and leave your card or fill out a ballot for a chance to win prizes. 6

7 10:35 am - 11:20 am S. Demonstration: Admissibility and Use (or Misuse) of Prior Inconsistent Statements Judge: The Hon. Judge Elizabeth A. Buckle Witness: The Hon. Justice Marcy Henschel Crown: Susan Magotiaux Defence: Ami Kotler 11:25 am - 12:15 pm Concurrent Workshops Unless you selected the Persuasive Writing Workshop, or the Workshop on Fundamentals of Leading Evidence at Trial, or the Advanced Workshop on Managing Complex Criminal Trials in advance during online registration, you are automatically placed into the Tuesday and Thursday Small Group Workshops. Small Group Workshop #2 Presenters: Faculty members Two faculty members lead a discussion of scenario based problems, with a group of 20 to 30 registrants. Workshop problems will be available in advance.english or French workshop available. Persuasive Writing Workshop - Part 2 (application required by registrants) Presenter: James C. Raymond, Ph. D. A unique opportunity to learn an issue-driven approach to legal writing, applicable to every phase of litigation from drafting indictments to writing appellate judgments. The result is shorter pleadings and judgments, better organization, clearer style, and more precise logic. Suitable for judges and counsel. Participants may provide writing samples in advance or bring a writing sample, to be used as the basis of a revision exercise. Workshop on Fundamentals of Leading Evidence at Trial - Part 2* (application required by registrants) Presenters: Fraser M. Kelly Suzanne Kendall This workshop will explore fundamental principles that govern the admission of different forms of evidence at trial, with a particular focus on practical advice that assists counsel with: (1) identifying the criteria for admissibility in advance; (2) marshaling evidence in anticipation of the burdens to be met; (3) leading or responding to the evidence; and (4) framing the evidence (and its related issues) for the trier of fact. This workshop will be in two parts, with each part addressing three or four different types of evidence that are not uncommon in criminal proceedings. *Audience response technology to be used with this Workshop. Advanced Workshop on Managing Complex Criminal Trials - Part 2 (application required by registrants) Presenters: Eric V. Gottardi The Hon. Justice Marcy Henschel This workshop will focus on complex criminal trials, or mega-trials, and over two sessions, it will explore substantive and procedural issues unique to these cases. The workshop is intended for counsel with at least 10 years of experience at the bar, as well as trial judges, who may be engaged in this type of work, or anticipate doing so. Matters to be canvassed include: (1) specific evidentiary issues that might arise in these cases (i.e. Mr. Big confessions; KGB statements; co-conspirator exception(s); Vetrovec warnings); (2) witness management, including security issues; (3) case management and trial management powers, their necessity and limits; (4) managing large-scale disclosure; (5) pre-trial motions, including ss. 24(1) and (2) of the Charter; and (6) practical strategies for counsel and judges in preparing for, and responding to, the complexity, intensity and length of these proceedings. 7

8 12:15 pm - 1:30 pm Lunch (registrants are on their own) St. John s is a food lover s paradise. See recommendations for nearby restaurants in the Delegate Information Package provided at check-in. 1:30 pm - 2:10 pm T. Panel #11: Prosecuting and Defending the Mentally Disordered Accused Chair: Dane Bullerwell Michael Davies The Hon. Justice Joyce DeWitt-Van Oosten Karen E. Endres 2:10 pm - 2:50 pm U. Panel #12: Evidence of After-the-Fact Conduct Chair: The Hon. Justice Sheilah L. Martin Allison Dellandrea The Hon. Judge Hugh M. Harradence Andi MacKay 2:50 pm - 3:10 pm Question Period 3:10 pm - 3:30 pm Our Exhibitor area contains a premier list of criminal law vendors and suppliers, eager to showcase their solutions to help simplify your professional life. Say hello and drop your card off for a chance to win a prize before the conference ends. 3:30 pm - 4:30 pm V. Concurrent Break-out Sessions Advance registration is not required for break-outs. Delegates select break-out slssions on site. Seating is on a first-come, first-served basis. V.1 Managing the Charter-based Admissibility Voir Dire Chair: Guiseppe Battista, Ad. E. The Hon. Judge Wayne Gorman Lesley Ruzicka V.2 Third Party Suspects and Inadequate Police Investigations Advanced session, intended for registrants with significant criminal law experience Chair: Cameron H. Gunn, Q.C. Michelle Booker Nader Hasan V.3 Evidence in Dangerous Offender Applications Advanced session, intended for registrants with significant criminal law experience Chair: The Hon. Justice J.C. Marc Richard Karen E. Endres Suzanne Kendall V.4 Evidence in Y.C.J.A. Prosecutions: Unique Issues Chair: Danielle Robitaille Tannis King Erin Winocur 6:00 pm Optional Group Social Events Join faculty, Exhibitors and delegates for one of our optional, special East Coast-style Closing Events in conjunction with McCarthy s Party. Look for updates in advance s and on the FLSC website. These events are not included in the conference registration fee. 8

9 Day 5: Friday, July 13 8:15 am Convention Centre doors open. Coffee and a breakfast item included. 9:00 am - 9:50 am W. Panel #13: The Latest on s. 24(1) and s. 24(2) of the Charter Chair: Ami Kotler Michelle Booker Scott K. Fenton Fraser M. Kelly 9:50 am - 10:40 am X. Panel #14: Supreme Court of Canada Report: Did They Get It Right? A Roundtable Discussion of Decisions Chair: The Hon. Justice Joyce DeWitt-Van Oosten Danielle Robitaille David W. Schermbrucker Randy Schwartz 10:40 am 11:10 am Y. Lecture: What s on the Table in the Supreme Court of Canada? Presenter: Scott C. Hutchison 11:10 am - 11:30 am Closing Remarks 11:30 am Program Concludes Thanks for joining us! We hope you had an outstanding week of learning, networking, and enjoying everything that makes St. John s special. Don t forget to mark your calendar for next year s Program taking place July 8 to 12, 2019 in Ottawa, Ontario! 9

PROGRAM CHAIRS PROGRAM PLANNING COMMITTEE LOCAL PLANNING COMMITTEE

PROGRAM CHAIRS PROGRAM PLANNING COMMITTEE LOCAL PLANNING COMMITTEE Evidence, Ethics and the Administration of Justice July 9-13, 2018 St. John's, Newfoundland and Labrador PROGRAM CHAIRS The Hon. Justice Joyce DeWitt-Van Oosten Supreme Court of British Columbia Scott