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

• Recorded on July 23, 2020

  Accreditation Confirmed: 1 hour of Professionalism Content

  Speakers:

• 
  

• 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
  

• 
  

• 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).

Webcast purchase confirmation and receipt will include links to each of the five session recordings.

Fees:

• FREE for Student members
• FREE for Junior Active & Junior Observer members
• $10 plus HST for all other current CLA members.
• $30 plus HST for non-members