Search & Seizure | CPDonline.ca

Search and Seizure

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Credits
Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 0.75
55 minutes
Published
2021
Presenter(s)
Nader R. Hasan
Dannan Hawes
Mabel Lai
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
70 minutes
Price
$99.00 plus tax

Authors Nader Hasan (Defence counsel) and Mabel Lai (Crown counsel) will discuss the evolving body of legal rules and principles that govern how searches and seizures are conducted. In particular, they’ll cover:

  • The increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. 
  • Section 487 search warrants, computer device searches, warrantless searches, and exclusion of evidence.
  • The Garofoli process.

Summary of Professionalism Content  (15 minutes)

  • (5 minutes) What ethical and legal constraints apply to a Crown who receives a ss. 8 and 24(2) Charter application, and now must prepare their witnesses (usually police officers) and their response? How can defence counsel fully comply with the notice requirements under the rules of court, without unduly tipping their hand and compromising their tactical advantage? (1.6 Duties related to advocacy (not to abuse the tribunal process, mislead the tribunal, parameters around communication with witnesses, need for full disclosure, etc.); 1.14 Ethical considerations for lawyers or paralegals employed in public service; 1.15 Required conduct of lawyers or paralegals arising from statute, legislation or other legal authorities; 4.6 Complying with parameters for communicating with witnesses giving evidence)
  • (5 minutes) What ethical and legal constraints apply to a defence counsel performing their independent investigation (which may implicate confidential informers) in anticipation of sub-facial attack on the validity of a judicial authorization? How can Crown counsel, at the advisory or litigation stage, meet their duty to make Stinchcombe disclosure in respect of a judicial authorization, while complying with their duty to protect informer privilege, which prohibits disclosure of any information that could tend to identify a confidential informer? (1.1 Duty to maintain confidentiality, including justified and permitted disclosure (may include discussion of privilege); 1.2 Duty to avoid and manage conflicts of interest; 1.14 Ethical considerations for lawyers or paralegals employed in public service; 1.15 Required conduct of lawyers or paralegals arising from statute, legislation or other legal authorities)
  • (5 minutes) What ethical and legal constraints apply to Crown and defence counsel who are giving legal advice or litigating in an area in which the law is uncertain or unsettled, such as digital privacy and the application of s. 8 Charter principles to novel technologies? (1.6 Duties related to advocacy (not to abuse the tribunal process, mislead the tribunal, parameters around communication with witnesses, need for full disclosure, etc.); 1.14 Ethical considerations for lawyers or paralegals employed in public service; 1.15 Required conduct of lawyers or paralegals arising from statute, legislation or other legal authorities; 1.16 Best practices for analyzing ethical dilemmas; 4.3 Refraining from sharp practice).

Presenters

Nader R. Hasan

Nader R. Hasan, a partner at Stockwoods LLP, practises criminal, regulatory and constitutional law at both the trial and appellate levels.  Nader is an Adjunct Professor at the University of Toronto, Faculty of Law, where he has taught courses on the law of evidence and currently teaches a seminar on criminal punishment from a U.S.-Canada comparative perspective. He is a co-author of Search and Seizure (Emond, 2021), Digital Privacy: Criminal, Civil and Regulatory Litigation (LexisNexis, 2018), and Sentencing, 9th edition (LexisNexis, 2017), and author of numerous articles on criminal and constitutional law.

Dannan Hawes

Danann Hawes, Senior Publisher, Practice and Professional Licensing, has over 17 years' experience building content, the first 12 years of his career spent at LexisNexis Canada where he held the role of Director of Content. In that role, Danann managed large content acquisitions teams responsible for all domestic publishing activity, digital and in print, across all market segments. Danann switched gears in 2015 when given an opportunity to create a bespoke practice division (resources for practicing lawyers) at Emond Publishing.  Working closely with the marketing and sales departments, Danann has been able to build a successful practice program and a new revenue stream for the business.  The standout performer has been the “Criminal Law Series”, the 2018 recipient of the Hugh Lawford award for excellence in legal publishing and the 2019 Walter Owen Book Prize.  In his spare time, Danann is a screenwriter and published short story author.

Mabel Lai Crown Counsel

Mabel Lai is Crown Counsel at the Ministry of the Attorney General, Crown Law Office – Criminal. She is a graduate of the University of Toronto Faculty of Applied Science and Engineering (Division of Engineering Science – Physics Option) and Faculty of Law.  She articled as a judicial law clerk to the Court of Appeal for Ontario. She was called to the Ontario Bar in 2010. Before joining her current office, she practiced as an Assistant Crown Attorney in Brampton, and briefly as defence counsel in Toronto. She has taught at educational programs for the judiciary, the legal profession, and law enforcement in the areas of cybercrime, digital evidence, expert evidence and search and seizure. Her practice consists of criminal appeals, trials of alleged police and justice system participant criminality, and advice to law enforcement.  She has argued criminal cases at all levels of court in Ontario and at the Supreme Court of Canada.  She serves as co-lead of the Electronic Surveillance Unit for the Ministry of the Attorney General (Ontario). In 2020, she joined as a co-author of Wiretapping and Other Electronic Surveillance: Law and Procedure (Thomson Reuters).

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