FEDERATION OF LAW SOCIETIES OF CANADA
42nd National Criminal Law Program
Evidence, Ethics and the Administration of Justice
July 6 to 10, 2015
Edmonton, Alberta
PROGRAM AGENDA
All sessions take place at the Shaw Convention Centre unless noted otherwise.
DAY 1: MONDAY, JULY 6, 2015
7:45 am
Convention Centre doors open. Light breakfast served.
8:45 am – 9:00 am
Welcome and Introductions
Program Chairs
Local Dignitaries
9:00 am – 9:20 am
A. Opening Presentation: Reshaping Common Law Rules to Reflect Changing Values
Presenter: The Hon. Justice Gregory J. Fitch
9:20 am – 10:05 am
B. Panel # 1: Foundation Principles: Relevance, Materiality and Admissibility
Chair: Jocelyn Speyer
The Hon. Justice François Doyon
David W. Schermbrucker
William Smart, Q.C.
10:05 am – 10:25 am
C. Point/Counterpoint: Do We Need Exclusionary Rules Beyond Reliability?
No: Joyce DeWitt-Van Oosten, Q.C.
Yes: Frank Addario
10:25 am – 10:45 am
Health Break
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 they have to offer, and drop your
business card or fill out a ballot for week long door prizes and book draws.
10:45 am – 11:30 am
D. Panel # 2: Competence and Compellability
Chair: The Hon. Justice Richard A. Saull
Michael Davies
Suzanne Kendall
Neil Wiberg, Q.C.
11:30 am – 12:00 pm
E. Lectures on Admissibility of Prior Consistent Statements
E.1 The Narrative Exception
Presenter: Marcy Henschel
E.2 What Constitutes an Allegation of Recent Fabrication?
Presenter: Joseph Di Luca
E.3 Res Gestae
Presenter: Cameron Gunn, Q.C.
12:00 pm – 1:20 pm
Lunch (registrants are on their own)
So many great restaurants, so little time… Don’t forget to review the list of nearby restaurants
provided by Edmonton Tourism and our Local Planning Committee.
1:20 pm – 2:10 pm
F. Panel # 3: Is it Hearsay?
Chair: The Hon. Justice David Watt
Dane Bullerwell
Iona M. Jaffe
Michael D. Tochor, Q.C.
2:10 pm – 3:00 pm
G. Panel # 4: It is Hearsay: Determining Admissibility
Chair: The Hon. Justice Kenneth L. Campbell
Willie deWit
Trevor Shaw
Ann Marie Simmons
3:00 pm – 3:20 pm
Health Break
Don’t forget to drop by our Exhibitors’ booths and leave your card or fill out a ballot for a
chance to win prizes throughout the week.
3:25 pm – 4:25 pm
H. Break-out Sessions
Advance registration is not required for break-outs. Registrants make break-out selections on
site, and seating is on a first-come, first-served basis. When a room reaches capacity, we close
the doors.
H.1 Using Technology to Advance Your Case in the Courtroom
Chair: Scott K. Fenton
The Hon. Justice Michal Fairburn
Fraser M. Kelly
H.2 The Common Purpose [Co-Conspirator’s] Exception to the Hearsay Rule
**Advanced session, intended for registrants with significant criminal law experience**
Chair: Iona M. Jaffe
Karen Hewitt
Peter J. Wilson, Q.C.
H.3 Fresh Evidence on Appeal **Advanced session, intended for registrants with
significant criminal law experience**
Chair: Eric V. Gottardi
Scott C. Hutchison
Susan Magotiaux
H.4 The Acquisition and Use of Third Party Records
Chair: The Hon. Judge Elizabeth A. Buckle
The Hon. Judge F. Kirk MacDonald
David Simon
4:30 pm Opening Reception
Don’t miss our annual Opening Reception sponsored by Thomson Reuters. 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
for alcohol purchases.
DAY 2: TUESDAY, JULY 7, 2015
8:15 am
Convention Centre doors open. Light breakfast served.
9:00 am – 9:45 am
I. Panel # 5: Right to Counsel
Chair: The Hon. Judge Frank Hoskins
Ami Kotler
Susan Magotiaux
Peter J. Wilson, Q.C.
9:45 am – 10:30 am
J. Lectures on Ethics
J.1 Can the Crown Call a Witness For Whose Credibility It Cannot Vouch?
Presenter: Fraser M. Kelly
J.2 Are There Limitations on Defence Counsel’s Ability to Interview Crown
Witnesses?
Presenter: Richard C. C. Peck, Q.C.
J.3 Judicial Intervention at Trial: What Are the Limits?
Presenter: William Smart, Q.C.
10:30 am – 10:50 am
Health Break
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
K. Panel # 6: Right to Silence
Chair: Suzanne Kendall
Jolaine Antonio
Scott K. Fenton
The Hon. Justice J.C. Marc Richard
11:40 am – 12:40 pm
Concurrent Workshops:
Small Group Workshop # 1
Unless you pre-registered for the Writing Workshop or Workshop on Management of the
Admissibility Voire Dire, all registrants were automatically placed into Tuesday and Thursday
small group workshops. Please check your nametag for your workshop assignment.
Writing Workshop: Part 1
Presenter: James C. Raymond, Ph.D.
Workshop on Management of the Admissibility Voir Dire
Presenter: The Hon. Justice David Watt
12:40 pm – 2:00 pm
Lunch (registrants are on their own)
Remember to review the list of nearby restaurants provided by Edmonton Tourism and our Local
Planning Committee. 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.
2:00 pm – 2:45 pm
L. Panel # 7: Privilege Claims by the Crown
Chair: Joyce DeWitt-Van Oosten, Q.C.
The Hon. Justice Michal Fairburn
Cameron Gunn, Q.C.
The Hon. Judge Hugh M. Harradence
2:45 pm – 3:30 pm
M. Panel # 8: Bringing and Resisting Challenges to Solicitor-Client Privilege
Chair: The Hon. Justice Michelle Fuerst
Joseph Di Luca
David Simon
Neil Wiberg, Q.C.
3:30 pm – 3:50 pm
Health Break
Chat up our Exhibitors and drop your card or fill out a ballot for a chance to win prizes.
3:50 pm – 4:30 pm
N. Panel # 9: The Most Important Common Law Evidence Case Since Wray The Faculty Speaks, the Registrants Vote
Chair: The Hon. Justice Gregory J. Fitch
Michael Davies
Mona T. Duckett, Q.C.
Eric V. Gottardi
Registrants will be asked to 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 between Panels 10 and 11 on Wednesday, and one ballot drawn for free
registration at 2016 program in Charlottetown or 2017 program in Vancouver. Please note that
you must be present to win the future free registration.
DAY 3: WEDNESDAY, JULY 8, 2015
8:15 am
Convention Centre doors open. Light breakfast served.
9:00 am – 9:45 am
O. Panel # 10: The Admissibility of Evidence of Bad Character and Extrinsic Misconduct
Chair: Peter J. Wilson, Q.C.
The Hon. Judge Elizabeth A. Buckle
The Hon. Judge F. Kirk MacDonald
Trevor Shaw
9:45 am – 10:30 am
P. Panel # 11: Similar Act Evidence
Chair: Ann Marie Simmons
Frank Addario
The Hon. Justice Kenneth L. Campbell
Karen Hewitt
10:30 am – 10:50 am
Health Break
Browse our Exhibitors’ booths and learn more about today’s best legal publications, products
and services to help you be the best criminal lawyer you can be.
10:50 am – 11:10 am
Q. Point/Counterpoint: Has the Ability of An Accused to Introduce Evidence of a CoAccused’s Bad Character Gone Too Far?
Yes: Willie deWit
No: David W. Schermbrucker
11:10 am – 12:10 pm
R. Ask Me Anything about Ethics: A Roundtable Discussion of Difficult Ethical Problems
Chair: Richard C. C. Peck, Q.C.
The Hon. Justice J.C. Marc Richard
Mona T. Duckett, Q.C.
Jocelyn Speyer
Free afternoon. Registrants are on their own to explore Edmonton, Western Canada’s premier
event destination, and discover why it draws visitors back again and again. Famous for its
genuine hospitality, award-winning food and cultural events, and of course, the beautiful river
view, you can expect a smile around every corner. Please note – this is the last chance to submit
questions for Thursday’s Q & A period. Look for Q & A boxes before heading out!
DAY 4: THURSDAY, JULY 9, 2015
8:15 am
Convention Centre doors open. Light breakfast served.
9:00 am – 9:30 am
S. Lectures on Opinion Evidence
S.1 What is a Properly Qualified Expert?
Presenter: Scott K. Fenton
S.2 Limits on Expert Witness Testimony
Presenter: Susan Magotiaux
S.3 Making Expert Evidence Intelligible to the Trier of Fact
Presenter: Michael D. Tochor, Q.C.
9:30 am – 10:15 am
T. Panel # 12: The Admissibility of Evidence Obtained from Searches of Cell Phones and
Electronic Devices
Chair: Marcy Henschel
Jolaine Antonio
Scott C. Hutchison
The Hon. Justice Richard A. Saull
10:15 am – 10:35 am
Health Break
Visit our Exhibitors’ booths and leave your card or fill out a ballot for a chance to win prizes.
10:35 am – 11:20 am
U. Demonstration: Use of Prior Inconsistent Statements
Judge: The Hon. Justice David Watt
Witness: The accused’s buddy at the bar room brawl, Willie deWit
Crown: Marcy Henschel
Defence: Joseph Di Luca
11:25 am – 12:15 pm
Concurrent Workshops:
Small Group Workshop # 2
Unless you pre-registered for the Writing Workshop or Workshop on the Management of
Evidentiary Issues at Trial, all registrants were automatically placed into Tuesday and Thursday
small group workshops. Please check your nametag for your workshop assignment.
Writing Workshop: Part 2
Presenter: James C. Raymond, Ph.D.
Workshop on the Management of Evidentiary Issues at Trial
Presenter: The Hon. Justice David Watt
12:15 pm – 1:30 pm
Lunch (registrants are on their own)
Edmonton is a food lover’s paradise. See recommendations for nearby restaurants in the
Delegate Information Package distributed at Program check-in.
1:30 pm – 2:10 pm
V. Panel # 13: The Ethics of Witness Preparation
Chair: David W. Schermbrucker
Eric V. Gottardi
The Hon. Judge Frank Hoskins
Iona M. Jaffe
2:10 pm – 2:50 pm
W. Panel # 14: Evidence of After-the-Fact Conduct
Chair: Mona T. Duckett, Q.C.
The Hon. Judge Hugh M. Harradence
Suzanne Kendall
David Simon
2:50 pm – 3:05 pm
Question Period
3:05 pm – 3:25 pm
Health Break
Our Exhibitor area contains a premier list of criminal law vendors and suppliers, eager to
showcase their solutions to help simplify your practice. Say hello and drop your card for a
chance to win a prize before the Program ends.
3:30 pm – 4:30 pm
X. Break-out Sessions
See the description of the break-out sessions and on-site selection process in the Monday
afternoon section of this Agenda.
X.1 Emerging Areas of Expert Evidence
Chair: William Smart, Q.C.
Dane Bullerwell
The Hon. Justice Kenneth L. Campbell
X.2 Third Party Suspects and Inadequate Police Investigations **Advanced session,
intended for registrants with significant criminal law experience**
Chair: Michael Davies
Ami Kotler
Neil Wiberg, Q.C.
X.3 “Mr. Big” Goes to Ottawa **Advanced session, intended for registrants with
significant criminal law experience**
Chair: Cameron Gunn, Q.C.
The Hon. Justice Michelle Fuerst
Sgt. Todd Peter
Michael D. Tochor, Q.C.
X.4 Testimonial Protections for Vulnerable Witnesses
Chair: The Hon. Judge Frank Hoskins
The Hon. Judge Elizabeth A. Buckle
Jocelyn Speyer
Optional Evening Social Events
Join faculty, sponsors and registrants to discover what makes Edmonton different! Please note
optional evening social events are ticketed events, not included in the Program registration fee.
Enrolment is limited, and events may be pre-sold by the Program date. Check with the
Registration to see if tickets are still available. Sponsored by Thomson Reuters.
DAY 5: FRIDAY, JULY 10, 2015
8:15 am
Convention Centre doors open. Light breakfast served.
9:00 am – 9:50 am
Y. Panel # 15: Creative Remedies Under s. 24(1) of the Charter
Chair: The Hon. Justice Michal Fairburn
Frank Addario
The Hon. Justice François Doyon
Ann Marie Simmons
9:50 am – 10:50 am
Z. Panel # 16: Supreme Court of Canada Report: Did They Get It Right?
A Roundtable Discussion
Chair: The Hon. Justice David Watt
Joyce DeWitt-Van Oosten, Q.C.
The Hon. Justice Gregory J. Fitch
Scott C. Hutchison
Fraser M. Kelly
10:50 am – 11:00 am
Closing Remarks
11:00 am
Program Concludes
Thanks for joining us! We hope you had an outstanding week of learning, networking, and
enjoying everything that makes Edmonton different. Don’t forget to mark your calendar for
next year’s Program taking place July 4 to 8, 2016 in Charlottetown, Prince Edward Island!