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FREE CLA/MAG Session in Toronto or by Webcast – Representing Sexual Assault Complainants in Criminal Cases – February 29, 2020

The Criminal Lawyers’ Association and Ministry of the Attorney General are hosting a FREE session for defence counsel who wish to represent sexual assault complainants in criminal cases or for those who wish to know more about the role of complainant counsel in sexual offence cases and the evolving law in this area.

The conference is on February 29, 2020 from 9 a.m. to 1 p.m. at 315 Front St. W, Toronto or by webcast

Click here to view the UPDATED event agenda.

As you are likely aware, section 278.94 of the Criminal Code came into force on December 13, 2018 as part of Bill C-51. This section provides complainants of sexual offences with the right to appear and make submissions and be represented by counsel where an accused brings an application under section 276 to adduce evidence of the complainant’s sexual history or where the accused wants to use a private record of the complainant that is already in the accused’s possession (section 278.92).

The session will review the law, process and recent caselaw as well as identify best practices for interacting with victims and representing them on these applications.

Among the topics to be addressed will be a review of Bill C-51’s legislative changes to the Criminal Code related to prior sexual history (section 276) and the new third party records regime outlined in section 278. The scope of a complainant’s right to participate and right to counsel under s.278.94 will also be addressed and the panels will provide an update on the current constitutional challenges to Bill C-51. An overview of the process for complainants to retain independent legal representation for section s.278.94 hearings will also be reviewed including how referrals are made to complainants, how appointments of counsel are carried out and LAO policies and procedures for such appointments. For more details, please see the attached agenda.

To register for the session, please use the following link: https://www.research.net/r/BZDTHWK

Please register by no later than February 26, 2020.

This free education session will be eligible for CPD including: 1 hour and 15 minutes of Substantive Content, 15 minutes of EDI Content and 1 hour 55 minutes of Professionalism Content.

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