Recorded: 26 November 2021, 62 minutes

One of the most important evidentiary rules for civil litigators, litigation privilege is also one of the most misunderstood. Frequently contested, but vital to the conduct of litigation, it is essential to know the basics of this privilege. In this interactive seminar, Professor Sankoff examines the law on litigation privilege by examining a host of scenarios that pose difficulty for the courts. Attendees emerge with a much better understanding of how to ensure that evidence created for the purposes of litigation remained privileged – and how to attack claims of this sort made by an adversary.

Recorded: 10 September 2021, 85 minutes

The Supreme Court’s 2019 decision in R v Goldfinch signalled a seismic change in the way s 276 applications were to be resolved. In this detailed seminar, Professor Sankoff is joined by Deborah Hatch, who argued Goldfinch before the Supreme Court. They examine the impact Goldfinch has on sexual activity evidence, and consider different arguments that can be made to admit such evidence in light of that important decision.

Recorded: 5 June 2021, 88 minutes

In many cases, whether the client is acquitted or convicted depends SOLELY upon the results of the Charter application against the admission of evidence obtained pursuant to a search warrant. But challenging a search warrant is no easy task, and there are plenty of traps for the unwary. In this seminar, you are given a systematic approach to reviewing a search warrant, and plenty of tips regarding what to look for. Get prepared to give your client the best chance possible in these types of cases.

Fady Mansour is a founding partner at Friedman, Mansour in Ottawa. One of Professor Sankoff’s first criminal law students in Canada, Fady has quickly become one of the country’s top criminal barristers. Now working in partnership with Solomon Friedman, Fady has acted in a variety of criminal matters including murder, attempted murder, firearms offences, major sexual assault, drug trafficking and child pornography. He has become specialized in attacking search warrants and ITOs, and has given many talks on this subject.

Recorded: 16 April 2021, 67 minutes

No lawyer has escaped the joys of being told that they failed to comply with the rule in Browne v Dunn, a rule that Professor Sankoff despises above all others. It is one of the least understood cases in the jurisprudence. In this seminar, you’ll learn: (a) how the “rule” works; (b) why Professor Sankoff hates it so much; (c) how to ensure you comply with the basics; and, most importantly, (d) how to respond when someone claims you’ve breached the rule.

Recorded: 12 February 2021, 68 minutes

Continuing on from part one, Professor Sankoff looks at all the exceptions to the rule, including prior identification, recent fabrication, the narrative exception (actually narrative “exceptions” – yes, the rule has two separate narrative exceptions) and a potential “principled” exception.

Recorded: 14 November 2020, 79 minutes

As a Minister of Justice, the Crown cannot cross-examine in the same manner as the defence, but it is not always easy to spot when the Crown is “crossing the line”, and treading into dangerous territory. In this seminar, Professor Sankoff takes you through all of the areas of concern, and gets you prepped to make the correct objection to improper Crown cross-examination!

Recorded: July 2020, 93 minutes

Charter challenges under s10(b) of the Charter are becoming increasingly complex. This seminar outlines the different types of right to counsel challenges, focussing on the most contentious areas, including equivocal requests, the extent of the right to counsel of choice, the meaning of “due diligence,” the circumstances in which a Prosper warning is required, the circumstances in which police are entitled to delay access to counsel, and the right to re-consultation under Sinclair.

Recorded: June 2020, 87 minutes

The first part of this seminar concentrates on the Supreme Court’s new approach to s 276 and explains the scope of s 276 in terms of what qualifies as “sexual activity” and in what proceedings.

Recorded: April 2020, 90 minutes

This seminar highlights the key components of the section 24(2) application. It includes a review of the post-Grant jurisprudence, an examination of empirical findings on how the provision is implied across Canada, and a discussion of the future of the exclusionary remedy.

Among other issues, Professor Penney addresses the oft-neglected “obtained in a manner” requirement, the relevance of police training, the intricacies of the “discoverability” doctrine, the relevance of racial profiling, and the possibility that the SCC’s recent decision in R vs Omar may herald a newfound reluctance to exclude.