Criminal Law Practice 2022

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Take your practice skills to the next level!

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Last Kick at the Can Series 2022
Tuesday, December 13, 2022
Wednesday, December 21, 2022

(Original Course Date: June 7, 2022)

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Who should attend: This course is for intermediate level criminal lawyers, both Crown counsel and defence counsel

Learning level: Intermediate

This course is CLEBC's comprehensive review of criminal law practice in the Provincial Court of BC. Registrants will be provided with an expansive perspective on the skills and knowledge that they will need to practise criminal law effectively and efficiently.

This one-day session will cover the key components of a criminal file from beginning to end: charge approval/initial engagement, plea negotiations, judicial interim release, scheduling, disclosure, the conduct of a trial, sentencing, and appeal notices. It will focus on the practical procedural and substantive knowledge that experienced counsel apply on a daily basis to survive and thrive in the cut and thrust of front-line criminal law.

This course is aimed at intermediate criminal lawyers who seek to hone their skills where it really counts.

Law Society of BC CPD Hours: 5.5 hours (this course will contain a minimum of 1 hour pertaining to professional responsibility and ethics, client care and relations, and/or practice management). Please note: The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.

Course Chairs
Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

*Last Kick at the Can 2022*
Rebroadcast	$459 $406
Rebroadcast Articled Student	$229.50 $203
Are you an Indigenous lawyer or community member? Click here for special pricing. Do you need financial assistance? Click here for bursary information. Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials.

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CLEBC Program Lawyer*
Raymond Lee
rlee@cle.bc.ca
*non-practising

Course Chairs
Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

About the Course Chairs
Grace Oh has been enjoying a career as Crown Counsel since 1997 after graduating from UBC Law in 1993 and a misguided detour through civil litigation.

She has prosecuted all manner of offences in various offices, mostly in the Vancouver region. She has a wide breadth of experience from her time in busy remand courts, trial practice, and policy/administration—primarily in Provincial Court. She has been a mentor to students and junior counsel through UBC Law School programs and annual Crown Counsel Conferences and has been a regular lecturer for the Justice Education Society throughout her career.

She is currently Crown Counsel for the Bella Coola Circuit and Vancouver Youth Court.

Kevin Westell is a founding partner at Pender Litigation. He earned his law degree at the Robson Hall School of Law at the University of Manitoba before being called to the BC bar in 2009.

Kevin routinely defends accused persons before all levels of court in BC and has acted as trial counsel in Alberta, Manitoba, and Ontario. He is retained from time to time to prosecute cases on behalf of the Attorney General of BC in courts across the lower mainland and before the Mental Health Review Board. Mr. Westell has also been called upon to act as amicus curiae before the Supreme Court of BC and the BC Court of Appeal.

Kevin has presented at many continuing legal education conferences including the CBA National Criminal Law Conference, the CLEBC Winning Trial Advocacy Workshop, and the Osgoode Hall Intensive Trial Advocacy Workshop (ITAW) as well as various other programs put on by the Advocate's Society and CLEBC.

He currently serves as president of the Advocate's Club and as a member of the Executive Committee of the CBA National Criminal Justice Section, the Advocates' Society's British Columbia Advisory Committee, and the TLABC Criminal Law Committee. He has previously served as Chair of the CBA Vancouver Criminal Justice Subsection.

Faculty
The Honourable Judge Thérèse Alexander — Provincial Court of BC, New Westminster
The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
The Honourable Judge Reginald Harris — Provincial Court of BC, Vancouver
The Honourable Judge Andrea Ormiston — Provincial Court of BC, Chilliwack
The Honourable Judge Raymond D. Phillips — Provincial Court of BC, Kamloops
The Honourable Judge Patricia E. Stark — Provincial Court of BC, Vancouver
Ardith J. Bailey — Crown Counsel, Ministry of Attorney General, Surrey
Karin A. Blok — Fowler and Blok, Vancouver
B. Keith Boland — Crown Counsel, Ministry of Attorney General, Vancouver
Michaela E. Donnelly — Crown Counsel, Ministry of Attorney General, North Vancouver
Michael Gismondi — Peck and Company, Vancouver
Jamil A. Ladha — Crown Counsel, Ministry of Attorney General, Surrey
Jacinta Lawton — Crown Counsel, Ministry of Attorney General, Vancouver
Kristy Neurauter — Myers, Karp, Patey & Neurauter, Vancouver
Christina Proteau — Crown Counsel, Ministry of Attorney General, Port Alberni
Shelene Rail — Crown Counsel, Ministry of Attorney General, Surrey
Richard A. Schwartz — Barrister & Solicitor, Victoria
Casey St. Germain — Barrister & Solicitor, Surrey
Vicki M. Williams — Michael Klein Law Corporation, Vancouver

Click here for full faculty bios

Introduction and Land Acknowledgement (9:00 - 9:05)

Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

Pre-charge Assessment (9:05 - 9:55)

initial meeting with clients
statements to police
discussions with Crown and "without prejudice" communications
a Crown perspective on charge approval

Moderator: Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Michael Gismondi — Peck and Company, Vancouver
Jamil A. Ladha — Crown Counsel, Ministry of Attorney General, Surrey

BREAK (9:55 - 10:05)

Youth Court: The Essentials (10:05 - 10:55)

youth criminal justice in context
procedural differences
resources for an accused

The Honourable Judge Reginald Harris — Provincial Court of BC, Vancouver
Ardith J. Bailey — Crown Counsel, Ministry of Attorney General, Surrey
Richard A. Schwartz — Barrister & Solicitor, Victoria

BREAK (10:55 - 11:05)

Getting to the Best Resolution (11:05 - 11:50)

elements: non-criminal, non-custodial, or minimally custodial
like a release plan but focused on resolution
proceeding with and without Crown engagement—matters to consider

The Honourable Judge Andrea Ormiston — Provincial Court of BC, Chilliwack
B. Keith Boland — Crown Counsel, Ministry of Attorney General, Vancouver
Vicki M. Williams — Michael Klein Law Corporation, Vancouver

BREAK (11:50 - 12:00)

Mental Health Issues and the Criminal Process (12:00 - 12:45)

professionalism, client competence, and client relations
getting a medical assessment
treatment plans and case resolution

The Honourable Judge Patricia E. Stark — Provincial Court of BC, Vancouver
Michaela E. Donnelly — Crown Counsel, Ministry of Attorney General, North Vancouver
Kristy Neurauter — Myers, Karp, Patey & Neurauter, Vancouver

LUNCH (12:45 - 1:15)

Gladue and the Criminal Process (1:15 - 2:05)

charge assessment
bail
sentencing
gathering and presenting the information

The Honourable Judge Raymond D. Phillips — Provincial Court of BC, Kamloops
Karin A. Blok — Fowler and Blok, Vancouver
Christina Proteau — Crown Counsel, Ministry of Attorney General, Port Alberni

BREAK (2:05 - 2:15)

Bail Topics (2:15 - 3:05)

factors: mental health, addiction, safety, Gladue, sureties
bail review grounds
bail review process

The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
Jacinta Lawton — Crown Counsel, Ministry of Attorney General, Vancouver
Casey St. Germain — Barrister & Solicitor, Surrey

BREAK (3:05 - 3:15)

Post-COVID Trial Practice (3:15 - 4:05)

increased witness accommodation—from cross-examination to exhibit handling
remote applications
remote advocacy

The Honourable Judge Thérèse Alexander — Provincial Court of BC, New Westminster
Shelene Rail — Crown Counsel, Ministry of Attorney General, Surrey
Kevin B. Westell — Pender Litigation, Vancouver

Concluding Remarks (4:05 - 4:10)

Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

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