It's Not Just About What Happened:
Preserving the presumption of innocence in modern sexual assault prosecutions 

Chaired by Danielle Ching McNamee and Paul Kent

Friday 19 September 2025
In-Person (Pinnacle Hotel Harbourfront, Vancouver) AND Virtual
9:00 am - 5:00 pm
6 CPD credits, including one hour of professional responsibility and ethics, client care and relations, and/or practice management embedded

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ABOUT THIS COURSE:
The law governing sexual assault-related prosecutions has evolved at a stunning pace. A robust defence against such prosecutions gains renewed significance in preserving a client's right to be presumed innocent in the face of intense procedural law changes.

In order to marshal the best defence for their clients, criminal defence practitioners must navigate the landscape of strategies including election rights; pre-trial applications including litigation of the admissibility of records in possession of the client; other sexual history of the complainant; handling of child complainants and witnesses; effective cross-examination; and advocating for a fit sentence in these sexual offences.

This conference is designed for practitioners wanting to delve into conducting effective cross-examinations, handling cases where trauma-informed advocacy is prevalent, and ensuring the Crown is put to its strict proof of the case against the client.

The question is not just about what factually happened – it's what the Crown can prove beyond a reasonable doubt. 

PROGRAM:

Presumption of Innocence: Updates on the Kinamore decision and Seaboyer voir dires
The importance of cross-examination in the conduct of sexual offence prosecutions 
JUDGE JEFFREY CAMPBELL, Provincial Court of BC
MATTHEW NATHANSON, MN Law, Vancouver
The Presumption of Innocence – updates on the SCC decision in Kinamore and Seaboyer voir dires. Discussion will be led on how to conduct effective and robust cross-examinations in the defence of sexual offence  prosecutions.

Blackstone Got It Right: Jury trials and election rights
NEIL WIBERG KC, Nicola Law Group, Kamloops
Discussion on election rights, preliminary inquiries, trial by judge and jury, judge alone trials, insights from experienced trial counsel on the mechanics of jury trials and other related procedural topics. The discussion will touch on pitfalls for the unwary and improper cross-examination before a jury.

No More Trial by Surprise: Digital Records and Electronic communications in possession of the accused
Perspectives from defence and complainant’s counsel
REBECCA McCONCHIE, McConchie Criminal Law, Vancouver
RACHEL WOOD, Harper Grey LLP, Vancouver
Discussion on issues relating to the admissibility of text messages and electronic records and s. 276 issues: J.J.; T.W.W. etc. Strategies and insights regarding complainant and Crown tactics and maneuvering.

Special Topics and Toolkit Essentials: The proper approach in handling cases involving child witnesses and complainants
DR. DEBORAH CONNOLLY, Simon Fraser University, Burnaby
ANTHONY ROBINSON, Filkow Law, Vancouver
Discussion on the proper handling of cases involving child witnesses which are unique unto themselves. The discussion will revolve around legal and procedural issues of s. 715.1, consent, and close in age exceptions. The discussion will also touch on different considerations that must be applied in the examination and handling of a child or vulnerable person before triers of fact.

The Aftermath: Sentencing and alternative resolutions in sexual offence prosecutions
MEGHAN FORHAN, Pender Litigation, Vancouver
JAS MANGAT, Helps Law Corporation, Vancouver
Discussion on sentencing ranges, and special considerations in the sentencing of offenders convicted of sexual offences.  The discussion will involve Friesen and other related sentencing decisions and long-term consequences that attach to SOIRA orders and application for variations.

What Does the Future Hold for the Defence of Sexual Offence Prosecutions: Striking a balance between trauma-informed advocacy and mounting a tenacious defence
GLEN ORRIS KC, Orris Law Corporation, Vancouver
KEVIN WESTELL, Pender Litigation, Vancouver
This panel will bring the whole conference full circle where we started with the requirement to bring a robust cross-examination as one of the most effective tools in trial strategy in these prosecutions. The panel will discuss trauma informed advocacy, and the ethical issues and duties that arise in defending sexual assault prosecutions.

Kruk, Tsang and similar cases will be discussed as these cases are some of the most recent pronouncements on why and how ungrounded common-sense assumptions cannot be equated to historical myth and stereotypes. Varying defence styles of practice will be discussed,  including how to balance zealous advocacy and the duty to commit to the client’s cause while being mindful of trauma informed advocacy. Finally, there will be some discussion of lessons learned from appellate decisions regarding ineffective assistance of counsel claims.
 

MATERIALS
The conference program and materials will be available at https://www.tlabc.org/?pg=2025_CriminalLaw_Materials*
*You will need to be logged-in to tlabc.org. All registrants have access to the materials page. You do not need to be a member. If you do not have log-in credentials, click “I forgot my Username and/or Password” and follow the instructions. You can refer to the How-To Video for assistance.

This program has been approved for credit in the following jurisdiction(s):

Law Society of British Columbia

Credit has been approved with the Law Society of British Columbia for 1.00 Professional Responsibility & Ethics, Practice Management credit and 6.00 Structured Legal Education credits.

Pinnacle Hotel Harbourfront
1133 West Hastings Street, Vancouver, BC V6E 3T3

Territorial Acknowledgement
This event takes place on the traditional and unceded territory of the Coast Salish peoples, including Tsleil-Waututh, Squamish and Musqueam First Nations.

Coming to Vancouver and need accommodations?
Members save with preferred rates with TLABC's hotel partners https://tlabc.org/hotelrates.

Cancellations received at the TLABC office by 10 September 2025 will be subject to a $50 administration fee. After 10 September 2025, requests for refunds will not be honoured. Substitutes are always welcome.

Disclaimer
These presentations and any accompanying materials are intended for the sole use of the registrant. It is not permitted to reproduce and/or share in any format without the express written permission of Trial Lawyers Association of BC. By registering, you agree with the aforementioned terms and conditions. We reserve the right to cancel or reschedule courses, refuse admission or change speakers, location or content.

By registering for this conference, you agree to allow TLABC to include your name and firm in the seminar roster. If you do not wish to be included in this list, please contact the Program Coordinator at seminars@tlabc.org or 604-696-6521.