Regulatory Offences and Criminal Prosecution 2024

Product Type: Course

Session 1

Format

Courses - Rebroadcast

Start Date & Time

2025-03-04

End Date & Time

2025-03-04

Online Provider

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DescriptionMore DetailAgenda

Understand the nuances of the regulatory regime/criminal law nexus!

—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.

Jump Start on CPD 2025
Tuesday, March 4, 2025

(Original webinar date: October 2, 2024)

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

Learning level: All levels

Regulated industries are most often regulated by criminal, quasi-criminal, and administrative sanctions. However, each enforcement branch requires counsel to practice in very different institutional and legal environments.

Often, defence counsel must defend persons accused of regulatory offences in parallel administrative proceedings. Conversely, defence counsel assisting a client during an investigation, review, audit, or other regulatory inquiry must be aware of when such a process might lead to a criminal or quasi-criminal prosecution. The practice is fraught with procedural, legal, and strategic peril.

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, forestry, mining, environmental protection, taxation, and workplace safety, among others.

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)

Course Chair
Chilwin Cheng — Ascendion Law, Vancouver

Jump Start 2025	EARLY BIRD Register by Feb. 3/25	Regular Price After Feb. 3/25
Rebroadcast	$479	$549
Rebroadcast Articled Student	$279	$279

Are you a member of the Indigenous legal community (lawyer/Articled Student/legal support staff/paralegal) or a non-lawyer Indigenous community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount* to all Indigenous lawyers/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members (*discount applies to Regular prices, not Early Bird prices). Please contact Customer Service to find out more.

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Registration includes an electronic copy of the reference materials.

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

Course Chair
Chilwin Cheng — Ascendion Law, Vancouver

About the Course Chair
Chilwin Cheng is a skillful business litigator with deep experience in civil litigation, regulatory and criminal defence work, and public law. He is experienced in his fields, as senior counsel, and 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. He has been counsel in numerous interim and interlocutory proceedings, including Mareva injunctions, preservation orders, receivership, and regulatory orders. 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 has led many CLEBC conferences, including the 2022 Regulatory Proceedings and White-Collar Defence conference, a convening of leading practitioners in the province. And, Chilwin participates as a panlist in CLEBC conferences, such as the recent Commercial Litigation 2023 conference.

He is a frequent volunteer with the Federation of Asian Canadian Lawyers, as a mentor, a member of the Interventions sub-committee, and as a podcast producer and host, recently producing a podcast showcasing the work of senior Asian commercial litigators in Vancouver.

Faculty
Michael Barrenger — Crown Counsel, Ministry of Attorney General, Vancouver
Chris Biscoe — Director Legal, Compliance and Enforcement, BC Financial Services Authority, Vancouver
Gavin Cameron — Fasken Martineau DuMoulin LLP, Vancouver
Anthony Chang — Crown Counsel, Ministry of Attorney General, Vancouver
Ryan Conlin — Stringer LLP, Toronto
Greg R. DelBigio, KC — Barrister & Solicitor, Vancouver
Graeme A. Hooper — MLG Law Corporation, Vancouver
Emma Lehrer — Crown Counsel, Ministry of Attorney General, Vancouver
David W.D. McCormick — Legacy Tax + Trusts Lawyers, Vancouver
Andrew I. Nathanson, KC — Fasken Martineau DuMoulin LLP, Vancouver
Ben Parkin — Acting General Counsel, WorksafeBC, Richmond
Gerry S. Sair — Public Prosecution Service of Canada, Vancouver
Gurvinder Sidhu — Manager, Compliance and Field Investigations, WorkSafeBC, Richmond
Kevin B. Westell — Pender Litigation, Vancouver

Click here for full faculty bios

Course Introduction and Land Acknowledgement (9:00 – 9:05)

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Chilwin Cheng — Ascendion Law, Vancouver

Overview and Case Law Update (9:05 – 10:05)

Michael Barrenger — Crown Counsel, Ministry of Attorney General, Vancouver
Chilwin Cheng — Ascendion Law, Vancouver

BREAK (10:05 – 10:10)

Financial Prosecutions and Civil Forfeiture (10:10 – 10:45)

Greg R. DelBigio, KC — Barrister & Solicitor, Vancouver
Gerry S. Sair — Public Prosecution Service of Canada, Vancouver

BREAK (10:45 – 10:55)

Workplace Safety (10:55 – 11:55)

Ryan Conlin — Stringer LLP, Toronto
Graeme A. Hooper — MLG Law Corporation, Vancouver

LUNCH (11:55 – 1:00)

Environmental Prosecutions (1:00 – 2:00)

Gavin Cameron — Fasken Martineau DuMoulin LLP, Vancouver
Emma Lehrer — Crown Counsel, Ministry of Attorney General, Vancouver
Andrew I. Nathanson, KC — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (2:00– 2:05)

Critical Incidents and Accidents: WorkSafeBC (2:05 – 3:05)

Ben Parkin — Acting General Counsel, WorksafeBC, Richmond
Gurvinder Sidhu — Manager, Compliance and Field Investigations, WorkSafeBC, Richmond

BREAK (3:05– 3:10)

Financial Crimes: The BC Securities Commission and Criminal Defence Counsel (3:10 – 4:10)

Chris Biscoe — Director Legal, Compliance and Enforcement, BC Financial Services Authority, Vancouver
Anthony Chang — Crown Counsel, Ministry of Attorney General, Vancouver
David W.D. McCormick — Legacy Tax + Trusts Lawyers, Vancouver

Ethics and Professionalism in the Regulatory/Criminal Nexus (4:10 – 4:40)

Kevin B. Westell — Pender Litigation, Vancouver

Closing Remarks (4:40 – 4:45)

Chilwin Cheng — Ascendion Law, Vancouver

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Regulatory Offences and Criminal Prosecution 2024

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