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

Date: Tuesday, March 24, 2020, 6 to 9 p.m.

As a result of recent Coronavirus developments and concerns, we are going to be postponing our scheduled March 24 Recent Call event – These messages I’ve got are golden! Complainant records in the possession of the defence and the 278.92 regime. Please stay tuned for a new date and time.

CPD Pending


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

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).

Beer Sponsor – Featured beer tasting for in person attendees:

Black Lab Brewing Inc. was founded in March of 2018 by Billy and Anne Madden, and inspired by their trusty and loyal black labrador mix named Snoopy. They had a simple vision in mind; to produce quality beers that they were proud to serve family and friends. Imagine a location where you and your canine companion can meet up with old friends and neighbours. A place where you can sit back and enjoy a truly exceptional beer while catching the game. A gathering spot where we strive to know your name and your favorite beer. A brewery that wants to hear your feedback and encourages suggestions. That’s Black Lab Brewing, and everyone is welcome.


  • 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


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

  • $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 eventPlease 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.

* We work hard to bring quality programming and networking opportunities. Your support of our efforts is very much appreciated and we hope you enjoy our programming. To help us continue with bringing quality programming, it is important that only those that register participate. The event series has been experiencing issues with the live webcast link being shared with non-registrants. This has impacted our efforts negatively for the volunteers planning the event as was as on association finances (we pay a fee per live webcast participant). Please do NOT share the webcast link with anyone. Please note that for CPD purposes, each Live Webcast registrant MUST register individually (even if planning on watching with a group). The email address provided when registering is where the webcast details will be sent closer to the event date. Only those that register in advance can claim CPD.