Recorded Seminar: Hearsay Exceptions: An Overview of the Law
Recorded: 7 April 2020, 85 minutes
In this seminar, Professor Sankoff looks at the principled approach to hearsay exceptions, explaining how this affects admissibility.
It includes detailed coverage of most of the major exceptions to the rule including spontaneous utterances, admissions, admissions against interest, business records and the residual exception.
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Recorded Seminar: Section 13 of the Charter: When Can Statements of the Accused be Adduced?
Recorded: May 2020, 66 minutes
This seminar addresses one of the most complex Charter protections in existence – section 13. It outlines the law, explains why section 13 continues to confuse lawyers and judges alike, and provides clear strategies to explain why your client should NOT be confronted with prior statements given under oath in most cases.$35.00
Recorded Seminar: “Sorting Through the Section 278.92 Quagmire: Defence Disclosure in Sexual Assault Cases – Where are We and Where is it Going?” with Megan Savard
Recorded: 26 March 2021, 122 minutes
Ever since Parliament passed the new regime governing private records in sexual assault cases, defence lawyers across the country have been struggliing with this remarkable piece of law. In addition to a host of constitutional challenges, there are numerous interpretative struggles in applying this law and getting the best results for your clients. In this seminar, Professor Sankoff – who brought a successful constitutional challenge against the law in Alberta – will be joined by Megan Savard, founding Partner of Savard, Foy in Toronto. Formerly with Addario Law Group, Megan is a director of the Criminal Lawyers’ Association and serves on the CLA’s Litigation Committee. In 2019, Megan received the Precedent Setter Award, which recognizes lawyers for excellence and leadership in the legal community within their first ten years of practice. Megan regularly appears before the Ontario Court of Appeal and Supreme Court of Canada, and she is co-counsel in R v JJ, the case going before the Supreme Court to address the constitutionality of s 278.92.$35.00
Recorded Seminar: Section 24(2): Current Trends (Professor Steven Penney)
Recorded: April 2020, 90 minutes
This seminar highlights the key components of the section 24(2) application. It includes a review of the post-Grant jurisprudence, an examination of empirical findings on how the provision is implied across Canada, and a discussion of the future of the exclusionary remedy.
Among other issues, Professor Penney addresses the oft-neglected “obtained in a manner” requirement, the relevance of police training, the intricacies of the “discoverability” doctrine, the relevance of racial profiling, and the possibility that the SCC’s recent decision in R vs Omar may herald a newfound reluctance to exclude.$35.00
Recorded Seminar: Section 10(b) Advancing “Right to Counsel” Challenges: Recent Developments and Litigation Strategies (Steven Penney)
Recorded: July 2020, 93 minutes
Charter challenges under s10(b) of the Charter are becoming increasingly complex. This seminar outlines the different types of right to counsel challenges, focussing on the most contentious areas, including equivocal requests, the extent of the right to counsel of choice, the meaning of “due diligence,” the circumstances in which a Prosper warning is required, the circumstances in which police are entitled to delay access to counsel, and the right to re-consultation under Sinclair.$35.00