FEDERATION OF LAW SOCIETIES OF CANADA
FÉDÉRATION DES ORDRES PROFESSIONNELS DE JURISTES DU CANADA
National Criminal Law Program
2015 National Criminal Law Program
Evidence, Ethics and the Administration of Justice
Edmonton, Alberta
July 6 to 10, 2015
PROGRAM SCHEDULE
Unless noted otherwise, all sessions will take place at the Shaw Conference Centre. Conference Centre
doors will open Monday to Friday 45 minutes before the starting presentation.
PRE-CONFERENCE: SUNDAY JULY 5
4:00 pm - 7:00 pm
Advance Registration
Monday morning registration can be hectic so all registrants are encouraged to take advantage of
Advance Registration to check-in early, pick up Program materials, and ask any questions about the
week ahead.
6:30 pm – 8:00 pm
First Time Attendee Reception
Is this your first time attending the Program? Join us for a casual meet and greet in a local pub (TBA)
to meet with other first-timers and experienced faculty members, and learn about the week ahead.
Pub style munchies will be included, and a cash bar will be available for alcohol purchases. Make
sure you check the First Time Attendee box when registering online! This is an invitation only event.
DAY 1: MONDAY JULY 6
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
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Day 1: Monday July 6 (continued)
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
TBA
Michael Davies
Suzanne Kendall
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 H. 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, included in the Delegate
Information Package distributed at check-in.
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.
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Day 1: Monday July 6 (continued)
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
Please note: 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: Elizabeth Buckle
The Hon. Judge F. Kirk MacDonald
David Simon
4:30 pm
OPENING RECEPTION
Don’t miss our Opening Reception in the Conference Centre Foyer. 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.
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DAY 2: TUESDAY JULY 7
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
All registrants are automatically placed into Tuesday and Thursday small group workshops.
Tuesday and Thursday small group workshops feature two faculty members leading a
discussion of scenario based problems, distributed at the time of Program check-in.
As an alternative to the Tuesday and Thursday small group workshops, registrants may
select to attend one of the below workshops instead. If you wish to attend either of these
workshops, please make sure you click the correct box online when registering. Workshops
will be filled on a first-come, first-served basis.
Writing Workshop (application required)
James C. Raymond, Ph.D.
Workshop on Management of the Admissibility Voir Dire (application required)
The Hon. Justice David Watt
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Day 2: Tuesday July 7 (continued)
12:40 pm – 2:00 pm
Lunch (registrants are on their own)
Remember to review the list of nearby restaurants provided by Destination Halifax 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 H. 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
Eric V. Gottardi
Joseph Di Luca
David Simon
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
TBA
Michael Davies
Mona T. Duckett, Q.C.
Please note: 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.
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DAY 3: WEDNESDAY JULY 8
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.
Elizabeth 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 only to explore Edmonton, Western Canada’s premier event destination,
and discover why it draws visitors back again and again. Famous for its genuine hospitality, awardwinning culinary expertise 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!
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DAY 4: THURSDAY JULY 9
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:
See the description of the Concurrent Workshops and application processes from the Tuesday
program in this Schedule.
Small Group Workshop
Writing Workshop (application required)
James C. Raymond, Ph.D.
Workshop on the Management of Evidentiary Issues at Trial (application required)
The Hon. Justice David Watt
12:15 pm – 1:30 pm
Lunch (registrants 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.
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Day 4: Thursday July 9 (continued)
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
program of this Schedule.
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: TBA
Ami Kotler
Michael Davies
X.3 “Mr. Big” Goes to Ottawa **Advanced session, intended for registrants with significant
criminal law experience**
Chair: Cameron H. Gunn, Q.C.
The Hon. Justice Michelle Fuerst
Michael D. Tochor, Q.C.
Police officer TBA
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Day 4: Thursday July 9 (continued)
X.4 Testimonial Protections for Vulnerable Witnesses
Chair: The Hon. Judge Frank Hoskins
Elizabeth Buckle
Jocelyn Speyer
6:00 pm
Optional Group Social Event
Join faculty, sponsors and registrants for a classic Edmonton extravaganza, details to be announced!
Please note this is a ticketed event, not included in the Program registration fee. Enrolment is
limited, and the event may be pre-sold by the Program date.
DAY 5: FRIDAY JULY 10
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