On A Wing & Predicate (Offence) | CPDonline.ca

On A Wing and Predicate (Offence)

On A Wing and Predicate (Offence)

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Credits
Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 0.75
40 minutes
Published
2017
Presenter(s)
Trevor Brown
Natasha Calvinho
Marie Dufort
Michelle Mathias
Source
County of Carleton Law Association (CCLA)
Provider
CPDOnline.ca
Language
English
Length
55 minutes
Price
$99.00 plus tax
CCLA Criminal Law Conference 2017
Includes Handouts

This panel will examine the most recent procedural and substantive amendments to the Dangerous Offender provisions of the Criminal Coe as well as the growing body of caselaw interpreting these provisions in a manner so as to be compliant with the Charter as well as strategic advice on how to approach a Dangerous Offender application in light of the new legislation and caselaw interpreting it.

The professionalism content that will be covered include:

  • Duty of competency – understanding how the most recent changes to the Dangerous Offender provisions impact our clients from both a substantive and procedural perspective and effective strategies on how to approach this new legislation in light of certain court decisions that have interpreted the provisions more favourably to our clients than they appear on their face so as to comply with the Charter.  This is a very narrow and technical area of the law, and it is imperative for counsel to have a firm grasp of all of the nuances and procedural and technical requirements for Dangerous Offender applications before representing a client in such a high-stakes proceeding.  These provisions have been the subject of extensive judicial interpretation, and it is essential for counsel to understand the nuances of each of these provisions in order to properly advise their clients and represent them in court on a Dangerous Offender application (Applicable Rules: 3.1-1(a), (c))
  • Within the duty of competency is understanding the importance of consulting experts in non-legal fields when outside the area of the lawyer`s expertise, in this case, resorting to the expertise of a forensic psychiatrist (Applicable Rules: 3.1-1(f), (h), (j))
  • Duty of advocacy – strategies as to how to best resolutely advance a client’s defence to a Dangerous Offender application, no matter how distasteful, effective strategies for the use and cross-examination of expert witnesses to advance the client’s case (Applicable Rules: 5.1-1)

Presenters

Trevor Brown

Justice Trevor Brown was called to the bar in 2002. He spent most of his career as a criminal defence lawyer with Greenspon, Brown and Associates. Justice Brown has volunteered as an executive member of the Ottawa Collaborative Justice Program and volunteers as a youth hockey coach.

Natasha Calvinho

Natasha holds an undergraduate Honours Law degree from Carleton University and a juris doctor from the University of Toronto, where she graduated in 2002. Natasha was called to the bar in July of 2003 and practices exclusively in the area of criminal defence litigation. She specializes in trial litigation, both jury and non-jury matters at the Ontario Court of Justice and Superior Court; with a particular emphasis on lengthy serious criminal matters. In January 2016 she left a partnership to start her own law firm – Calvinho Criminal Defence.

Marie Dufort

Marie Dufort a été admise au Barreau du Québec en 1999 après avoir fait sa cléricature auprès du Juge Michel Proulx de la Cour d’Appel du Québec. Elle s’est ensuite jointe au Service fédéral des poursuites du Canada en tant qu’aviseur spécial auprès du Sous-Procureur adjoint – Droit criminel, où elle a également travaillé en tant qu’avocate au Service d’entraide internationale (Extradition) avant de se joindre au Bureau du Procureur de la Couronne de l’Ontario en 2003. Elle travaille présentement en tant que Procureur adjointe de la Couronne à Ottawa. Elle est membre du Barreau du Haut-Canada depuis 2002.Marie Dufort was called to the Quebec Bar in 1999 after having clerked for the Honourable Justice Michel Proulx of the Quebec Court of Appeal. She then joined the Federal Prosecution Service of the Department of Justice – Canada as Special advisor to the Assistant Deputy Attorney General – Criminal Law, where she also worked as Counsel for the Internal Assistance Group (Extradition Unit) before joining the Ontario Crown Attorney’s Office (Haileybury) in 2003. Since 2005, she has worked as an Assistant Crown Attorney with the Ottawa Crown Attorney’s Office. She is a member the Law Society of Upper Canada since 2002.

Michelle Mathias

Dr. Michelle Mathias has been the post-graduate Site Education Director at the Royal. In the role she is on the core RTC and is the primary liaison between the RTC, residents at the Royal and staff. Dr. Mathias has a great track-record of academic involvement. She completed her BSc at UBC and has an MA in sport psychology at U of O. She continued on at uOttawa completing her MD, psychiatry residency and completed her forensic psychiatry sub-specialty training in September 2013.

Practice Areas

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