These messages I’ve got are golden! Complainant records in the possession of the defence and the 278.92 regime

• In person: FCP Gallery, 100 King Street West, Main Floor, Toronto
  

  Live webcast option available.

  CPD Pending

  Speakers:

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• Dean Embry, Embry Dann, Assistant Secretary, Criminal Lawyers’ Association
• Lilit Izakelian, Caramanna Friedberg LLP
• Christina Sibian, Assistant Crown Attorney

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• Many defence lawyers early in their career will have to defend a client accused of a sexual offence. In many cases this offence is a sexual assault involving two parties known to each other. The parties likely communicated with each other through electronic means (such as text message, Whatsapp, or Facebook Messenger), and the record of that communication may be helpful for your client. The December 2018 amendments to the Criminal Code that created ss. 278.92/93/94 have created some uncertainty in the law. While these provisions set out exactly what must be done once the regime is triggered, what remains unclear is what defence counsel must (or can) do before the regime is triggered.

  This panel addresses two interrelated issues:

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1. What initial steps to take once you have these "records" and
2. How you can try and make use of these without triggering the regime or disclosing them to the Crown (if they are not already in the crown or complainant’s possession).

• Schedule:

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• 6 to 6:30 p.m.: check in and networking
• 6:30 to 7:30: Presentation along with Q&A (live webcast)
• 7:30 to 9 p.m.: Networking and beer tasting

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• Registration:

• (individuals will be asked to select in person or live webcast when registering)

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• $10 plus HST: CLA member
• $30 plus HST: Non-members

Live Webcast details:

For those that select the live webcast option, details on how to access the live webcast will be shared to the email address used for registering 48 hours in advance of the event. Please be sure to check your "spam/junk" folders for the link as they often land there. There are no refunds if you are not able to locate the link. DO NOT SHARE THE LINK as it is only being sent to paid registrants. Only paid registrants can claim the CPD.*

Webcast recording:

Pending the quality of the recording, a recording of the presentation will available for purchase by members and non-members at a later date. Details on how to purchase will be shared once available. 

Cancellation Deadline:

Cancellations will be accepted in writing if received by 12 noon (ET) on or before March 18. Cancellations are to be sent to support@criminallawyers.ca. A $5 admin fee will apply. No refunds will be accepted on or after March 18. The substitution of registrants is not accepted unless emailed to support@criminallawyers.ca 36 hours prior to the event start time. The sharing of registrations is not permitted. The CLA reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to an event, for any circumstances beyond the CLA’s reasonable control. If CLA cancels the event, registrants will be offered a full refund. Should circumstances arise that result in the postponement of an event, registrants will have the option to either receive a full refund or transfer registration to the same event at the new, future date. In the case of inclement weather, unless otherwise notified by CLA, the event will still take place. When an event proceeds as planned, there will be no refunds should attendees not be able to attend as a result of weather. The CLA will also not be liable to refund registration fees should the event be impacted by a transit strike, strike lock-out, accident, civil disturbance or any other cause whatsoever beyond their control.