CLE Online

Welcome and Introduction

Corinne P. Feenie — Stewart Feenie, Vancouver
Robert N. Hamilton — Lindsay Kenney LLP, Vancouver  

Fact Pattern Presentation by Actors 

Child Abuse Investigations

• hospital investigation
• ministry investigation
• police investigation
• involvement of counsel during the investigation stage

Dr. Margaret Colbourne — Child and Family Clinic, BC Children’s Hospital, Vancouver
Det. Cst. Denise Foster — Sex Crimes Unit, Vancouver Police Department, Vancouver
Deborah Symons — Social Worker, Ridge Meadows Community Service Team, Maple Ridge
Dean R. Tate — Kinsman Law Group, Richmond

Questions and Discussion

Break

Presentation Hearing Stage

• litigation or mediation?
• potential benefits of mediation and other collaborative processes early in the court process
• who sets these up? how long do you wait to get one? who attends? what can you expect?
• section 35 hearings: purpose, pitfalls, scope
• how quickly can such hearings happen?
• what evidence is led?
• what does the director have to prove?
• how do you prepare?

I. Anthony Prkacin — Prkacin Gammon & Sim, New Westminster
Andrea L. Thorpe — Somers & Company, New Westminster

Questions and Discussion

Lunch (on your own)

Preparing for and Conduct of the Protection Hearing

A. Director’s Counsel

• disclosure requirements
• preparing your case
• Parenting Capacity Assessments and other expert reports
• witness selection and preparation
• preparing social workers for trial
• expert witnesses
• exhibit books
• trial tips

B. Parents’ Counsel

• how to handle the burden of expert evidence
• gathering information and interviewing
• preparing witnesses
• preparing for cross-examination
• implications for legal aid lawyers: retainer, disclosure, retaining experts, time constraints

C. View From the Bench—What Makes For Effective and Beneficial Advocacy?

The Honourable Judge J. G. Cohen — Provincial Court of BC, Surrey
Donald A. Boyd — Boyd Jahani Barristers & Solicitors, Surrey
Michael R. Bradshaw — Michael Bradshaw Law Corporation, Vancouver
Margot L. Fleming — Somers & Company, New Westminster
Brenda M. Gash — Pearlman Lindholm, Victoria

Break

Post-Trial Outcomes

• fractured relationships between parents, social workers, and service providers
• planning for success and accessing services
• supervision orders
• post continuing custody order issues—access, adoption, cancelling cco’s

Gregory J. Brown — McEachern Harris & Brown, Maple Ridge
Jeffrey J. Speed — Speed & Company Law Office, Vancouver

Questions and Discussion