Prosecution and Defence of Sexual Offences 2018


Course Date: November 17, 2018

Total: 5h 13min

Welcome and Introduction

Lisa J. HelpsHelps Law Corporation, Vancouver
Winston L. Sayson, QCCrown Counsel, Ministry of Attorney General, Surrey

Sexual Crimes

  • explanation of the complex law dealing with sex-related crimes
  • the categories of offences and Criminal Code sections (with Chart)
  • emerging issues: Cross-Examination of Children and Sexual Assault Complainants; navigating through the myths and stereotypes

Winston L. Sayson, QC — Crown Counsel, Ministry of Attorney General, Surrey  

Drug Facilitated Sexual Assault

  • the process and protocol of how the police exhibits are received and handled to maintain continuity and non-contamination and a description of LIMS; Christine Luu is also presenting on the topic of forensic biology & DNA, so I will leave it to the two of you to decide who will cover the overlapping topics,
  • the work flow (case receipt to recovery unit to analysis to interpretation and report);
  • a primer on Forensic Toxicology with emphasis on the prevalence of alcohol and drugs used for “drug-facilitated sexual assaults”;
  • the instruments used for analysis and its reliability;
  • the process of disclosure; and
  • the value of making admissions and the adverse impact of requiring every person who touched an exhibit to attend court

Moderator: Winston L. Sayson, QC — Crown Counsel, Ministry of Attorney General, Surrey 
Verna Mendes, M.Sc. — General Manager, National Forensic Laboratory, RCMP-GRC, Vancouver

Break

Forensic Expert Evidence in Sexual Assault Cases

  • the objective role of the Forensic Nurse Examiners in the Criminal Justice system;
  • the training and specialization required to become a FNE;
  • the options of care for sexual assault complainants;
  • the process and protocol of how the complainant’s exhibits are received and handled to maintain continuity and non-contamination and a description of your record keeping;
  • the procedure followed in the physical examination of the complainant and the various instruments used;
  • the prevalence and meaning of “within normal limits” findings on most examinations; and,
  • the process of disclosure of notes and reports to the police.

Forensic  Biologist

  • a primer on Forensic DNA analysis (extraction, quantification, amplification, capillary electrophoresis);
  • the use and application of statistics and probability in the report;
  • the process of disclosure

Moderator: Winston L. Sayson, QC — Crown Counsel, Ministry of Attorney General, Surrey
Lynn Gifford, MA, PMCC, RN, RCC — Forensic Nurse Examiner, Surrey Memorial Hospital Emergency Program, Surrey
Christine Luu Martin, B.Sc., C/M — Biology Manager, National Forensic Laboratory, RCMP-GRC, Vancouver 

Defences to Sexual Assault

  • overview of Defences available for sex assault charges
  • consent
  • mistaken belief in consent
  • mistaken belief in age
  • practical Advice and Tips

Moderator: Lisa J. Helps  — Helps Law Corporation, Vancouver
Colleen Elden — Barrister & Solicitor, Vancouver

Gloria M. Ng — Barrister & Solicitor, Gloria Ng Law, Vancouver

Networking Lunch (Provided)

Testimonial Accommodation for Complainants

  • what TAs are available – video clip
  • to consent to or oppose a TA
  • courthouse dogs

Winston L. Sayson, QC Crown Counsel, Ministry of Attorney General, Surrey

Cross-Examination of Complainants

• Tips, Advice, and Best Practices — especially child complainants
• limitations: Myths and Stereotypes about Complainants
• prior Sexual History of the Complainant and section 276 of the Code
• ethics and Professionalism

Gail P. Barnes — Barrister & Solicitor, Vancouver   

Obtaining Personal Records of the Complainant and Third Party Records

• the current law on obtaining personal and third party records of sexual assault complainants
• the notice requirement, procedures to follow and the documents required to launch an application for victim’s/ third part records
• practical tips and advice on making statutory application for third party records.

Matthew Stacey Crown Counsel, Ministry of Attorney General, Surrey

Break

Sentencing of Sexual Offenders

  • advice and Tips on How to Present Effective Sentencing Submissions
  • mandatory minimum penalty: what MMP are still constitutional and how to approach sentencing where MMP has been struck down
  • psychological & Risk Assessment and Pre-Sentence Reports
  • ancillary Orders: SOIRA, DNA Orders, s. 161 Prohibitions, no-contact orders
  • collateral Consequences of a Sex assault Conviction (immigration, deportation, etc.)
  • sentencing issues that counsel should be aware of

Moderator: Lisa J. Helps — Helps Law Corporation,  Vancouver
Jodie Harris —Crown Counsel, Ministry of Attorney General,  Surrey
Lara Vizsolyi Crown Counsel, Ministry of Attorney General, Victoria

Perspective from a Sexual Assault Victim

  • the complainant’s journey and experience through the preliminary hearing, the trial, the sentencing, and the parole process.
  • suggestions to the judges, prosecutors, and defence counsel who handle sexual offences files on how we can better accommodate victims of crime within the criminal justice system
  • a perspective and insight on behalf of victims and survivors of sex crimes

Moderator: Winston L. Sayson, QC Crown Counsel, Ministry of Attorney General
Sarah Shinn — Vancouver

Sexual Assault Trials: The View from the Bench

  • how to conduct the prosecution and defence of sexual offences
  • judicial Perspective on how children are to be treated in court
  • the Do`s and Don`ts of Cross-Examining Complainants
  • how to present helpful and useful closing submissions, especially on “he-said-she-said” cases (applying R. v. W.D.)
  • general advice about dealing with sexual assault preliminary hearings, trials, pre-trial applications (third party records, private records, prior sexual history)

Moderator: Winston L. Sayson, QC — Crown Counsel, Ministry of Attorney General
The Honourable Madam Justice Catherine A. Murray  Supreme Court of BC, Vancouver

The Honourable Judge Reginald Harris — Provincial Court of BC, Vancouver

Closing Remarks

Lisa J. HelpsHelps Law Corporation, Vancouver
Winston L. Sayson, QCCrown Counsel, Ministry of Attorney General, Surrey