Agenda

*Subject to change

SATURDAY, APRIL 25
TIME EVENT
08:30

Registration and Coffee

08:55 – 09:00

Welcome Remarks by Conference Co-Chairs

09:00 – 09:30

Keynote Address

Speaker:

The Honourable Morris J. Fish, C.C., Q.C., Davies Ward Phillips & Vineberg LLP (Montreal, QC)

09:30 – 09:50

The Visual Fact Scenario: Queen of Clubs

A fact scenario that sets the scene for the entire day with different topical aspects of the agenda played out in the form of an illustrated movie, “Queen of Clubs”. The movie will address the mysterious deaths of high-profile corporate heads and the related police investigation.

Presented By: The Honourable Suhail Akhtar, Superior Court of Justice (Toronto, ON)

09:50 – 10:30

Dissecting The Fact Scenario

A detailed breakdown of the legal and ethical issues posed in “Queen of Clubs”.

Speakers:

The Honourable Melissa Gillespie, Provincial Court of British Columbia (Vancouver, BC)
Peter Juk, Q.C., Assistant Deputy Attorney General (Victoria, BC)
Richard Fowler, Q.C., Fowler and Blok, Barristers (Vancouver, BC)

10:30 – 11:00

The Police as a Witness

How does the Crown properly prepare the police and what are the limits of Crown preparation? How does the defense prepare for cross-examination? What concessions should they make? How far can they go in challenging credibility and making allegations of misconduct?

Speakers:

The Honourable Jennifer Lopes, Provincial Court of British Columbia (Surrey, BC)
Jennifer Horneland, Crown Counsel (Vancouver, BC)
Gloria Ng, Gloria Ng Law (Vancouver, BC)

11:00 – 11:15

Refreshment Break

11:15 – 11:50

Police Power to Detain and Arrest

A discussion of police powers to detain and arrest. What are the legal principles? What must the defense disclose in a Charter application? What concessions can be made? Can the Crown share the application with the officer? How far can the Crown go in suggesting ways to deal with the allegations?

Speakers:

The Honourable Janet Winteringham, Supreme Court of British Columbia (Vancouver, BC)
Michelle Booker, Ministry of Attorney General (Vancouver, BC)
Michael Klein, Q.C., Michael Klein Law Corporation (Vancouver, BC)

11:50 – 12:25

Police Power to Search

A look at police power of search. Legal principles and onus of proof. When should the Crown go to s. 24(2) and concede the breach? What concession should the defense make?

Speakers:

The Honourable Richard Saull, Court of Queen's Bench of Manitoba (Winnipeg, MB)
David Ruse, Crown Counsel (Kelowna, BC)
Kevin Westell, Pender Litigation (Vancouver, BC)

12:25 – 13:20

Networking Lunch

13:20 – 13:55

Police Power to Withhold Disclosure

What can the police and the Crown legitimately withhold from the defense? This discussion will cover informant privilege and ongoing investigations. How far can the defense go in seeking to pierce the privilege? Is it ethical for them to do so outside the court process? The police power to withhold disclosure is about confidential informants, ongoing police investigations and solicitor client privilege covering discussions with the Crown. It is about how much or little the police and the Crown can legally and ethically withhold material from the defense.

Speakers:

The Honourable Elizabeth Hughes, Court of Appeal of Alberta (Calgary, AB)
Lorna Hemming, Crown Counsel (Vancouver, BC)
Rebecca McConchie, Peck and Company (Vancouver, BC)

13:55 – 14:30

Police Power to Question

A discussion of police powers to question a suspect. What are the legal principles? What must the defense disclose in a Charter application? What concessions can be made? Can the Crown share the application with the officer? How far can the Crown go in suggesting ways to deal with the allegations?

Speakers:

The Honourable Michael Tammen, Supreme Court of British Columbia (Vancouver, BC)
Mark Levitz, Q.C., Criminal Appeals and Special Prosecutions (Vancouver, BC)
Ian Donaldson, Q.C., Donaldson's (Vancouver, BC)

14:30 – 14:40

Refreshment Break

14:40 – 15:25

Police Powers of Entry and Surveillance

A discussion of search warrant, wiretaps and other judicial authorizations. What are the Crown disclosure obligations? What constitutes exigent circumstances?

Speakers:

The Honourable David Frankel, Court of Appeal of British Columbia (Vancouver, BC)
Michelle Merry, Crown Counsel (Vancouver, BC)
Matthew Nathanson, Matthew A. Nathanson (Vancouver, BC)

15:25 – 16:30

Ask The Judges Anything

A free for all where the audience asks a panel of trial and appellate judges any question on any area of the law. In the past, this has dealt with legal and ethical issues that are current in time.

Speakers:

The Honourable Morris J. Fish, C.C., Q.C., Davies Ward Phillips & Vineberg LLP (Montreal, QC)
The Honourable David Frankel, Court of Appeal of British Columbia (Vancouver, BC)
The Honourable Elizabeth Hughes, Court of Appeal of Alberta (Calgary, AB)
The Honourable Richard Saull, Court of Queen's Bench of Manitoba (Winnipeg, MB)