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

• LIVE webcast - Free for up to 90 CLA Recent Call Members (called in 2013 or after) plus student members.

  Accreditation Confirmed: 1 hour of Professionalism Content

  Speakers:

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• Dean Embry, Embry Dann, Assistant Secretary, Criminal Lawyers’ Association
• Lilit Izakelian, Caramanna Friedberg LLP
• Justice Kathryn Wells, Ontario Court of Justice
• Saman Wickramasinghe, partner at Ursel Phillips Fellows Hopkinson LLP
  

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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:

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).

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.