Criminal Law Perspectives 2016

Course Date: June 11, 2016

Welcome and Introduction

Kevin Westell — Sutherland Jetté, Vancouver
Michelle Wray — Crown Counsel, Ministry of Justice, Vancouver

Interview Strategies and The Right to Silence

  • summary of the complex investigative strategy techniques being brought to bear upon accused in serious cases
  • discussion of new and emerging techniques and how the law is understood from cases like Oickle, Singh, Sinclair
  • given the nature of the strategies that an in-custody accused is faced with, what can and should defence counsel do during the early stages to provide the best possible service to the client?

Jeffrey T. Campbell, QC — Peck and Company, Vancouver
Staff Sgt. Paul Dadwal — CFSEU-RCMP, E Division, Surrey
Kimberly J. Wendel — Crown Counsel, Ministry of Justice, Surrey

Witness Accommodation including Intervention Dogs
Please note
: To assist with the presentation, there will be a courthouse dog in attendance .
  • recent developments in the law with respect to witness accommodations
  • the introduction of intervention dogs or courthouse dogs as an option in the courtroom—the practical and legal realities of this new practice
  • the question of whether and how witness accommodation measures may go too far, an assessment of the current landscape, and how they might violate the right to full answer and defence or otherwise prejudice the accused
Kim Gramlich (along with her Victim Services Intervention dog Caber) — Victim Services Coordinator, Delta Police Victim Services, Delta
Michael P. Klein QC — Michael Klein Law Corporation, Vancouver
Winston Sayson QC — Crown Counsel, Ministry of Justice, Surrey
Networking Break

NCRMD: Not Criminally Responsible Due to a Mental Disorder

Michaela E. Donnelly — Crown Counsel, Ministry of Justice, North Vancouver
Patricia E. Stark — Defence Counsel, Vancouver
Todd Tomita, MD, FRCPC — Forensic Psychiatrist, UBC Division of Forensic Psychiatry, Vancouver

Ethical, Evidentiary, and Administrative Issues with Self-represented Accused

  • as difficulties around access to justice continue to be on the rise, the reality of self-represented accuseds is a real and substantial issue for Crown Counsel and trial judges
  • review of the law that governs the regulation of a trial in the special circumstances of a self-represented accused
  • the ethical issues around charge approval and legal aid qualification for Crown Counsel

The Honourable Madam Justice Elizabeth A. Bennett — Court of Appeal for BC, Vancouver
The Honourable Judge Jennifer Oulton — Provincial Court of BC, Surrey
Michael A. Fortino — Crown Counsel, Ministry of Justice, Surrey

Networking Lunch

Police Use of Force: Applications and Limitations

A highly entertaining interactive multimedia presentation where live clips of use-of-force incidents will be viewed and commented upon by three commentators.

The Honourable Judge Reginald Harris — Provincial Court of BC, Vancouver
David G. Butcher, QC — Wilson Butcher, Vancouver
Mark R. Jetté — Sutherland Jetté,  Vancouver
Clive Milligan — Use of Force Instructor, Justice Institute of BC, New Westminster
Issues in Cross-Examination of the Personality Disordered including Psychopaths
Practical tips and analysis of how to get the best results when dealing with an individual with severe narcissism, borderline personality disorder, or psychopathy in the witness box.

The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
Barry Cooper, PhD, RPsych — Director, Interprofessional Clinic, UBC Okanagan, Kelowna
Kevin Westell — Sutherland Jetté, Vancouver

Networking Break

Electronic Device Search Issues

An update in this area of law.

The Honourale Judge Ellen Gordon — Provincial Court of BC, Surrey
Peter W. Hogg — Crown Counsel, Ministry of Justice, Vancouver
Marvin N. Stern — Stern Albert Shapray & Associates, Surrey

Concluding Remarks

Kevin Westell — Sutherland Jetté, Vancouver
Michelle Wray — Crown Counsel, Ministry of Justice, Vancouver