Defending Sexual Offence Cases after Bill C-16: The (not so) Good, the Bad, and the Ugly

This seminar will provide criminal defence lawyers with a practical review of the significant changes to the Criminal Code introduced by Bill C-16 and their impact on the defence of sexual offence cases. The program will examine new and expanded sexual offences, enhanced procedural accommodations for complainants, and important changes to the section 276 regime governing sexual activity evidence, including new notice requirements, Crown and joint applications, and the implications of R. v. Kinnamore. It will also address substantial amendments to the section 278 records regimes, including third-party and therapeutic records, records in the Crown’s possession, and private records held by the defence, with particular attention to disclosure obligations and the new evidentiary thresholds. Finally, the seminar will consider the legislation’s significant changes to section 11(b) delay applications and remedies, as well as sentencing reforms affecting sexual offences, including mandatory minimum sentences, increased maximum penalties, and new probation conditions. The panel’s focus will be on the practical and constitutional issues these amendments create for defence counsel and how they will reshape the investigation, preparation, litigation, and resolution of sexual offence cases.

Featuring: 

• Samiyyah Ganga | Weisberg Law
• Gerald Chan | Stockwoods LLP | Smart Litigation
• Naomi M. Lutes – Home | Greenspan Humphrey Makepeace LLP
• Daniel Brown — Criminal Defence Lawyer | Daniel Brown Law