Regulatory Proceedings and Criminal Offences 2022

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Understand the regulatory regime and criminal law nexus!

—Rebroadcast—
Jump Start on CPD 2023
Friday, March 10, 2023
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.

(Original Webinar Date: November 14, 2022)

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Who should attend: Crown counsel, defence counsel, corporate solicitors, civil litigators, and in-house counsel

Learning level: All levels

Conceptually, there is a clear distinction between regulatory offences that do not require mens rea and criminal offences that do require mens rea. However, process-wise, this distinction becomes less clear, as there is a wide range of regulatory proceedings that can morph into criminal investigations and, in the end, criminal charges.

This course will examine regulatory processes, their operation, and their implications for counsel who must handle proceedings in this dual-function context. The regulated industries covered in this program will include: securities, gaming, taxation, work safe, environmental, and government accountability.

Law Society of BC CPD Hours: 6 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
Chilwin Cheng — Ascendion Law, Vancouver
Jeremy Gellis — Cozen O'Conner, Vancouver
Janessa Mason — Ascendion Law, Vancouver

Jump Start 2023	EARLY BIRD Register by Feb. 6/23	Regular Price After Feb. 6/23
Rebroadcast	$443 $399	$489 $443
Rebroadcast Articled Student	$244.50 $221.50	$244.50 $221.50

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

Course Chairs
Chilwin Cheng — Ascendion Law, Vancouver
Jeremy Gellis — Cozen O'Connor, Vancouver
Janessa Mason — Ascendion Law, Vancouver

About the Course Chairs
Chilwin Cheng is a skillful business litigator with deep experience in regulatory and criminal defence work, and public law. He is a leader in his field, having been Chief Counsel of the regulator of Canada's public equities markets and trading systems, a prosecutor with the BC Securities Commission, and a former Crown counsel.

His current work includes cases involving the intersection of criminal and regulatory investigations and s. 7 of the Charter, a challenge under federalism principles, and has had recent success in the Court of Appeal challenging provincial regulators. He's a thought leader in law practice innovation and a pioneer in the legal industry using quantitative approaches to litigation assessment and management as Chair of the CBA BC's Business Practice and Innovation Committee. He is passionate about professional development as the Chair of CLEBC's upcoming Regulatory Proceedings and Criminal Offences 2022 course scheduled for the fall of 2022.

Jeremy Gellis is a partner in Cozen O'Connor's White Collar Defense and Investigations practice, representing clients in enforcement and securities regulatory proceedings and related litigation.

Jeremy brings over a decade of experience working in the BC Securities Commission. As manager of the Litigation branch, he oversaw all of the commission's administrative prosecutions, bringing enforcement actions for fraud, misrepresentation, unregistered trading and advising, the illegal sale of securities, insider trading, and market manipulation. Before that, Jeremy practiced as a criminal defense lawyer in Vancouver.

Jeremy received his JD from York University Osgoode Hall Law School, his LLM from the University of London, and his BCom in finance from McGill University.

Janessa Mason (she/her) is a strategic and tenacious trial lawyer at Ascendion Law. Her practice includes a focus on regulatory and white-collar defence, as well as traditional criminal law.

Janessa is a seasoned advocate in forensic psychology and criminal defence. As defence counsel, Janessa represents clients fighting securities litigation, challenges to the Charter, environmental and mining regulation disputes, and other complex criminal and quasi-criminal proceedings. Prior to becoming a lawyer, Janessa championed prisoners' rights in correctional facilities as a legal advocate and, as a forensic counsellor, she served those at the intersection between mental health, substance use, and law enforcement. Since then, Janessa also practised at a national full-service firm, primarily in the areas of employment, WorkSafeBC, and human rights litigation.

Janessa completed her JD from UVic in 2017 and undergraduate degree from UBC.

Faculty
David Avren — Vice President, Legal and Compliance, BC Financial Services Authority, Vancouver
Jessica C. Berglund — Director, Occupational Health and Safety Investigations, WorkSafeBC, Richmond
Gavin Cameron — Fasken Martineau Dumoulin LLP, Vancouver
Alistair G. Campbell — Legacy Tax +Trust Lawyers, Vancouver
Greg P. DelBigio, KC — Thorsteinssons LLP, Vancouver
Nadia K. Farinelli — Crown Counsel, Ministry of Attorney General, Vancouver
Shannon Gerrie — Crown Counsel, Ministry of Attorney General, Vancouver
Graeme A. Hooper — MLG Law Corporation, Vancouver
Jessica Lawn — Public Prosecution Service of Canada, Vancouver
Casey L. Leggett — Martin + Associates, Vancouver
Geoffrey McDonald — Crown Counsel, Ministry of Attorney General, Prince George
Robert Morin — Prosecutor/Counsel, Public Prosecution Service of Canada, Toronto
Joven Narwal — Narwal Litigation LLP, Vancouver
Andrew I. Nathanson, KC — Fasken Martineau Dumoulin LLP, Vancouver
Ben Parkin — Director, Law and Policy, WorkSafeBC, Richmond
Gerry S. Sair — Public Prosecution Service of Canada, Vancouver
Trevor Shaw — Crown Counsel, Ministry of Attorney General, Vancouver
Michael Van Klaveren — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

Click here for full faculty bios

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

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Chilwin Cheng — Ascendion Law, Vancouver
Jeremy Gellis — Cozen O'Connor, Vancouver
Janessa Mason — Ascendion Law, Vancouver

Case Law Update: What Did I Miss? Regulatory Offences and Economic Crime Since March 2020 (9:05 - 9:30)

Moderator: Jeremy Gellis — Cozen O'Connor, Vancouver
Robert Morin — Prosecutor/Counsel, Public Prosecution Service of Canada, Toronto

Policy: Whether to Go Administrative or Criminal and Charge Approval (9:35 - 10:25)

Moderator: Jeremy Gellis — Cozen O'Connor, Vancouver
Jessica C. Berglund — Director, Occupational Health and Safety Investigations, WorkSafeBC, Richmond
Trevor Shaw — Crown Counsel, Ministry of Attorney General, Vancouver
Michael Van Klaveren — Crown Counsel, Ministry of Attorney General, Vancouver

BREAK (10:25 - 10:30)

Documents: Production Orders, Search Warrants, and Document Demands (10:30 - 11:15)

Moderator: Chilwin Cheng — Ascendion Law, Vancouver
Alistair G. Campbell — Legacy Tax +Trust Lawyers, Vancouver
Greg P. DelBigio, KC — Thorsteinssons LLP, Vancouver
Gerry S. Sair — Public Prosecution Service of Canada, Vancouver

BREAK (11:15 - 11:20)

Statements Taken in the Regulatory Context (11:20 - 12:00)

Moderator: Jeremy Gellis — Cozen O'Connor, Vancouver
Chilwin Cheng — Ascendion Law, Vancouver
Geoffrey McDonald — Crown Counsel, Ministry of Attorney General, Prince George

LUNCH BREAK (12:00 - 12:30)

Critical Incident: Accidents—Worksafe (12:30 - 1:20)

Moderator: Janessa Mason — Ascendion Law, Vancouver
Graeme A. Hooper — MLG Law Corporation, Vancouver
Ben Parkin — Director, Law and Policy, WorkSafeBC, Richmond
Kevin B. Westell — Pender Litigation, Vancouver

BREAK (1:20 - 1:30)

Financial Crimes: Securities Commission, FSA, Criminal Defence (1:30 - 2:20)

Moderator: Janessa Mason — Ascendion Law, Vancouver
David Avren — Vice President, Legal and Compliance, BC Financial Services Authority, Vancouver
Jeremy Gellis — Cozen O'Connor, Vancouver
Shannon Gerrie — Crown Counsel, Ministry of Attorney General, Vancouver
Joven Narwal — Narwal Litigation LLP, Vancouver

BREAK (2:20 - 2:30)

Environmental Regulation (2:30 - 3:20)

Moderator: Janessa Mason — Ascendion Law, Vancouver
Nadia K. Farinelli — Crown Counsel, Ministry of Attorney General, Vancouver
Jessica Lawn — Public Prosecution Service of Canada, Vancouver
Andrew I. Nathanson, KC — Fasken Martineau Dumoulin LLP, Vancouver

BREAK (3:20 - 3:30)

Managing the High-Profile Engagement (3:30 - 4:20)

Moderator: Chilwin Cheng — Ascendion Law, Vancouver
Gavin Cameron — Fasken Martineau Dumoulin LLP, Vancouver
Casey L. Leggett — Martin + Associates, Vancouver

Concluding Remarks (4:20 - 4:30)

Chilwin Cheng — Ascendion Law, Vancouver
Jeremy Gellis — Cozen O'Connor, Vancouver
Janessa Mason — Ascendion Law, Vancouver

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Regulatory Proceedings and Criminal Offences 2022

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