October 29, 2022, 1:00pm - 4:45pm (EDT)
1:00 - 1:15
Associate Chief Justice Michal Fairburn, Court of Appeal for Ontario
1:15 - 2:05
It’s been 26 years since the Supreme Court decided R. v. Edwards and articulated that a reasonable expectation of privacy was to be determined using the “totality of the circumstances” approach. But how has our thinking about the traditional factors of that framework shifted over time? And what circumstances are now relevant to the analysis?
Moderator:
The Honourable Justice Moiz Rahman, Superior Court of Justice
Panelists:
Frank Au, Crown Counsel, Ministry of the Attorney General (Ontario),
Crown Law Office – Criminal
Maureen Salama, Partner, Brauti Thorning LLP
Andrew Hotke, Crown Counsel, Ministry of the Attorney General
(Ontario), Crown Law Office – Criminal
2:05 - 2:30
Throughout his career Bob Hubbard mentored countless counsel at various stages in their careers. This session will include vignettes from some of Bob’s former mentees on his impact as a mentor, and the vital importance of mentorship in the development of the legal profession.
Including observations from
The Honourable Justice Michael Dambrot, Superior Court of Justice
The Honourable Justice John North, Ontario Court of Justice
The Honourable Justice Fergus ODonnell, Ontario Court of Justice
David Friesen, Crown Counsel, Ministry of the Attorney General (Ontario), Crown Law Office – Criminal
Peter Scrutton, Crown Counsel, Ministry of the Attorney General (Ontario), Crown Law Office – Criminal
Katie Doherty, Crown Counsel, Ministry of the Attorney General (Ontario), Crown Law Office – Criminal
2:30 - 2:45
2:45 -3:30
This panel will tackle the practical issues and frequently asked questions arising from challenging a judicial authorization. Topics to be addressed include: What are the six steps of Garofoli and how do they work in real life? What disclosure are you entitled to? How do you deal with heavily redacted (e.g. CI privileged or investigative technique) material? When do you have to litigate standing? Has Cody breathed new life into Vukelich/Kutynec? When can you cross-examine the affiant or sub-affiant? When do errors permit amplification or lead to excision?
Moderator:
The Honourable Justice Steve Coroza, Court of Appeal for Ontario
Panelists:
The Honourable Justice Iona Jaffe, Ontario Court of Justice
Frank Addario, Addario Law Group LLP
Mabel Lai, Crown Counsel, Ministry of the Attorney General (Ontario), Crown Law Office – Criminal
3:30 - 4:15
Searching in a privileged environment: how to navigate the landmines
Privilege affects all stages of search and seizure, from drafting minimizing conditions, to executing warrants in law offices, to safeguarding the contribution of confidential informers in litigation.
This panel will touch on the legal framework and practical tips for navigating issues with solicitor-client, journalist, spousal and informer privileges in a modern context.
Moderator:
The Honourable David Watt, Justice of the Court of Appeal for Ontario (retired)
Panelists:
The Honourable Justice Susan Magotiaux, Ontario Court of Justice
Scott Fenton, Fenton Law Barristers
Randy Schwartz, Assistant Deputy Attorney General, Ministry of the Attorney General (Ontario)
4:15 - 4-45
Thinking ahead: searching for issues on the horizon
Looking forward, what are the hot button search& seizure issues? What is the next frontier in privilege litigation? In this session our panel of experts will flag breaking issues in the law of search & seizure and privilege in criminal and quasi-criminal cases.
Moderator:
The Honourable Justice Peter DeFreitas, Ontario Court of Justice
Panelists:
Nader Hasan, Partner, Stockwoods LLP
Jeff Kehoe, Enforcement Director, Ontario Securities Commission
Sarah Shaikh, General Counsel, Public Prosecution Service of Canada
4:45
Program close
Associate Chief Justice Michal Fairburn, Court of Appeal for Ontario