Can I Get a Witness? |

Can I Get a Witness?

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Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 0.25
15 minutes
Ian Carter
Meaghan Cunningham
County of Carleton Law Association (CCLA)
30 minutes
$99.00 plus tax
31st Annual Criminal Law Conference 2019
Includes Handouts

This panel will discuss the issue of independent legal advice for complainants on sexual assault matters, with particular focus on third party record applications and applications for asking a complainant about his or her prior sexual history. The panel will also discuss the process for third party record applications on charges that are not sexual in nature. The defence lawyer on this panel has experience representing complainants, including dealing with the new 276 and 278.91-92 regime in a recent case, which this Crown was also involved with. This Crown also has extensive experience dealing with complainants in criminal trial proceedings, and will provide the Crown’s perspective on what the Crown can and cannot do for a complainant, and what the Crown hopes private counsel for the complainant will do. Professionalism content includes:

  • 1.6 Duties related to advocacy and acting for your client
  • 4.6 Complying with parameters for communicating with witnesses giving evidence
  • 6.2 Understanding power and privilege and unconscious bias
  • 6.5 Special responsibilities of lawyers to respect human rights laws in force in Ontario
  • 6.6 How to prevent and address discrimination and harassment


Ian Carter

Ian Carter is a partner at Bayne Sellar Boxall. He joined the firm in 2008 after practicing for four and a half years in Vancouver with prominent criminal defense lawyer E. David Crossin, Q.C. He received his B.A. from McGill University in 1995. He subsequently worked as a television reporter and anchor for a number of years in Ontario and Western Canada. He completed his L.L.B. at Queen’s University in 2002 where he was the recipient of numerous awards, including the Blakes Scholar Award given to the student with the highest academic standing. After graduating, Ian then served as a law clerk at the British Columbia Court of Appeal before being called to the bar in British Columbia in 2003. He is an executive member of the Canadian Bar Association National Criminal Justice Section and has appeared on behalf of that association at a Senate committee on proposed criminal legislation. Ian was the 2014 recipient of the Regional Senior Justice Award, given to a member of the County of Carleton Law Association who has made an outstanding contribution as a litigator or solicitor.

Meaghan Cunningham

Meaghan has worked as a Crown Prosecutor in Ottawa since 2003, where she has been responsible for the prosecution of all manner of offences from impaired driving to homicides. Currently, she sits on the Ontario Ministry of the Attorney General’s Sexual Violence Advisory Group, and is the East Region Sexual Violence Crown. She has been an invited speaker at many conferences, educational seminars, and training sessions on topics relating to domestic violence, sexual violence, human trafficking and honour based violence in Ontario and around the country. She has been involved in working groups, task forces and advisory committees provincially and nationally on these topics, and is the course director for the Ontario Crown Attorney’s Association summer school course on Sexual Violence.

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