Recordings of our Previous Seminars
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R v Jordan – Dealing with Unreasonable Delay – Laura Metcalfe
Recorded: 12 April 2024, 73 min.
In R. v. Jordan, 2016 SCC 27, the Supreme Court of Canada fundamentally changed the way in which s.11(b) of the Charter of Rights and Freedoms was going to be interpreted and applied. Laura Metcalfe highlights the relevant issues and authorities in a post-Jordan world. She also provides practical tips to protect an accused’s right to a fair trial within a reasonable time.
The Confessions Rule – Part 2 – Steven Penney
Recorded: 8 March 2024, 80 min.
Following up on Part I of this two-part seminar, Professor Penney presents Part II of his exploration of the Confessions Rule, which covers specialized topics in the admissibility of statements, including voluntariness voir dires; the “derived confessions” rule and the “fresh start” doctrine; the issue of corroborated involuntary confessions (the “St Lawrence rule”); and the admissibility of “Mr. Big” statements.
The Top Habits of Losing Lawyers
Recorded: 9 February 2024, 71 min.
While there are many ways to win a case, losing is often the product of a number of common traits. During his career as an appellate litigator, Peter Sankoff has seen some amazing trends in the types of cases that wind up in his office, hoping for a successful appeal.
Although one can never predict how any individual case will go, there are many ways to increase your chances of winning, and that starts by eliminating these terrible habits from your job description. In an entertaining presentation, Peter presents his Top 25 losing lawyer habits. His hope is that once you recognize these nasty traits, you can do everything in your power to reduce them, cutting down your losses in the process.
Using Section 7 of the Charter to Challenge Prison Conditions, with Adelina Iftene
Recorded: 2 January 2024, 82 min.
In this seminar, drawing upon her empirical work with incarcerated people, as well as on the relevant s. 7 jurisprudence and scholarship, Dr. Adelina Iftene explores the ways in which s. 7 of the Charter may be used as a litigation tool in challenging prison conditions of confinement. The presentation covers some social science evidence documenting the inadequacies of conditions and treatment in federal and provincial prisons, their impact on incarcerated people, the potential sources of a s. 7 breach in this context, and how various principles of fundamental justice may be engaged. Some s. 1 issues are also covered in the presentation. The presentation is example-heavy, with focus especially on inadequate prison health care.
End of Year “Spectacular” with Peter Sankoff and Steven Penney
Recorded: 15 December 2023, 100 min
Join the two Profs for their fourth annual End of Year Review, taking a look at the jurisprudential highlights and lowlights from 2023. They analyze the key cases, add their insight, and make a few predictions for 2024. Every year, this is one of our most popular seminars.
Dealing with the Crown: Practice Issues
Recorded: November 2023, 89 min
In order to succeed as a defence lawyer, you need to figure out how to deal with the Crown. And it isn’t always easy. Time and again, scenarios will arise that test your abilities – and your patience. In this panel seminar, experienced lawyers address problems that commonly and uncommonly arise, and give you tips on how to best deal with the Crown.
Our four appellate specialists are:
Peter Sankoff of Sankoff Criminal Law, Neha Chugh of Chugh Law, Gloria Ng of Platform Litigation and Brian Pfefferle of Pfefferle Law for this entertaining and edifying seminar.
So, You Want to Argue an Appeal – Part II
Recorded: 20 October 2023, 83 min
In this seminar, Professor Sankoff gives you everything you need to know in order to become an expert at appellate advocacy.
Best practices with the Media: The high profile Trial, with Scott Hutchinson, Jana Pruden and Tess Layton
Recorded: 8 September 2023, 79 minutes
For many criminal lawyers, the scariest part of a high profile trial isn’t the case itself – it’s the sudden requests from the media. How should you respond to these questions? What are the ethical limitations? What is the media’s “agenda”, and what’s the difference between “off the record”, “on background” and “please don’t quote me!” In this seminar, three panelists talk about what you need to know when talking to the media. Our panelists include:
Scott Hutchinson, partner at Henein Hutchinson Robitaille, who has been part of some of this country’s biggest criminal trials, and who frequently represents high-profile clients with an interest in having their story told; Jana Pruden, Globe and Mail, provides the media’s perspective on these interactions; and Tess Layton of Reynolds Mirth Richards & Farmer LLP, who specializes in media work.
Better Bail Applications, with Tony Paisana
Recorded: 7 July 2023, 89 minutes
Bail court is its own unique world, and learning how to master it is a real challenge. In this seminar, Tony Paisana will cover the ins and outs of bail hearings, putting you in the very best position to succeed for your client.
Going below the range: using social context evidence to get results in sentencing- Chris Rudnicki and Theresa Donkor
Recorded: 9 June 2023, 75 minutes
The modern sentencing trilogy – Lacasse, Friesen, and Parranto – are frequently cited by Crown attorneys to justify higher sentences in drunk driving, sexual assault, and fentanyl trafficking cases. But read together, they stand for a powerful and defence-friendly sentencing proposition: a trial judge is free to impose a sentence well below the range where they feel it is proportionate to the circumstances of the offence and offender. In this seminar, Chris Rudnicki and Theresa Donkor explain how they achieved the result in R v Kelly, 2022 ONSC 5500: a conditional sentence for an offender convicted of imposing 1 kg of cocaine. In particular, they discuss the potential for social context evidence to justify unusually low sentences.
The Confessions Rule – Part 1 – Steven Penney
Recorded: 12 May 2023, 94 minutes
Professor Penney examines the latest developments in the law of confessions, including the Supreme Court’s upcoming decision in R v Tessier, the meaning of the “person in authority” requirement, operating mind, inducements, oppression, voir dire procedures, derived confessions, corroboration, and the “Mr. Big” rule.
Sexual Assault Trials: Latest Trends and Developments
Recorded: 14 April 2023, 85 minutes
The law of sexual assault is in a constant state of evolution. In this seminar, Professor Sankoff provides a much-needed update on the law concerning “myths and stereotypes”, section 276, and the use of an accused’s affidavit for cross-examination. Recent decisions like Kirkpatrick, McKnight and HP (ONCA) are all being considered.
Better Use of Visuals, with Jennifer Brevorka and Peter Sankoff
Recorded: 10 March 2023, 76 minutes
They say a picture is worth 1000 words. But defence lawyers rarely pick up on this maxim, preferring to run trials with documentary evidence and oral submissions only. There are many advantages to including visuals in your written materials, and also in court. What are the rules governing their use, and how can they be deployed effectively? Find out in this exciting seminar with guest Jennifer Brevorka.
Sentencing Tool Kit – Paul Moreau
Recorded: 3 February 2023, 76 minutes
No defence lawyer likes to see a client convicted, but the trial is only half the battle. Sentence hearings have their own rules and require special preparation. Paul Moreau is a former Crown, now a defence lawyer, and teaches sentencing at the University of Alberta. There isn’t much he has not seen. Join him for an informative
look at how to best prepare for a contested sentence hearing.
So, You Want to Argue an Appeal? Part 1
Recorded: 13 January 2023, 94 minutes
Making the jump from law school mooting to full on appellate work isn’t easy. There are so many aspects of the appeal process that cause difficulty for counsel making the transition. Appeals use a different language, and there are plenty of procedural complications.
In this two-part seminar (September 29 is Part 2), designed for those new or relatively new to appeals, Peter Sankoff provides tips for making the transition seamlessly, with points on procedure, the writing of a factum, and oral appellate advocacy.
This seminar focuses on basic procedures to be aware of (including the bail process), and important tips on writing a factum.
The Most Important Cases of 2022 Every Criminal Litigator Should Know, with Steven Penney
Recorded: 02 December 2022, 98 min.
To wrap up the year, Professors Penney and Sankoff join forces once again to examine the most important cases from the second half of 2022.
In this exciting and interactive seminar, the two Professors count down the cases you need to know about in order to excel in practice!
Rectifying Injustice: Battles that Need to Be Fought Again
Recorded: 4 November 2022, 58 minutes
The doctrine of stare decisis is a cornerstone of our legal system. It provides predictability and allows all parties to know the answer to important legal questions. But it can also entrench injustice. When a Supreme Court decision sets down a new rule, it provides a firm and seemingly unshakable way of looking at a legal problem. Unfortunately, Supreme Court precedents are not easily challenged, and they can have hugely negative ramifications for criminal defendants. Sometimes the residual unfairness created by a particular precedent can linger for decades.
In this seminar, Professor Sankoff explains why it is sometimes important to challenge the established orthodoxy and provide a tool kit for how this can be done. Then he provides eight examples of rules that are causing injustice to accused persons, and advocate for lawyers to rectify them by bringing legal challenges that contest the status quo.
Ethical Considerations for Counsel Representing Indigenous Clients
Recorded: 30 September 2022, 72 minutes
In cases like Gladue and Ipeelee, the Supreme Court has reiterated the importance of ensuring that the interests of Indigenous offenders are properly represented. What does that mean on the ground? In this seminar, Jonathan Rudin explores how and why Gladue operates, considers the important role of counsel in determining the foundational requirements for 718.2(e)(sentencing) and 493.2 (bail) and explains how counsel needs to communicate with Indigenous accused. In addition, he highlights a useful road map for communicating the client’s cultural background to the court and provides tips for a hearing in which the client is self-identifying as Indigenous, but there is a significantly lack of correlation between their assertion and a tangible connection to the Indigenous Community.
Bail Pending Appeal: Tips, Strategies and Concerns
Recorded: 9 September 2022, 99 minutes
Most criminal lawyers know quite a bit about obtaining bail for a client. With the presumption of innocence in hand, most clients SHOULD be released. But what happens once they’ve been convicted? The answer is that almost everything changes. Obtaining bail pending appeal is a complex task with evidentiary, substantive and procedural requirements. What are the best strategies in obtaining judicial interim release? If you ever have plans to conduct a summary conviction appeal or appeal to the highest court of the province, you NEED to understand what to do.
Sexual Assault Update
Recorded: 15 July 2022, 79 minutes
The law governing sexual assault trials evolves more quickly than most people can keep up, and the Supreme Court’s 2022 decision in JJ changed things in dramatic ways. In this seminar, Professor Sankoff looks at how the JJ case will change sexual assault law, especially in how “myths and stereotypes” need to be addressed, and then explores how to conduct s 278.92 applications after JJ.
An Introduction to the Youth Criminal Justice Act with Emma Rhodes
Recorded: 17 June 2022, 86 minutes
So you want to represent a youth charged with criminal offences? It’s not just a matter of knowing the criminal law. The Youth Criminal Justice Act sets out a host of different evidentiary rules, procedures and penalties where young offenders are concerned. If you want to do your client justice, you need to understand how things change when your client is under 18 years of age. In this seminar, Emma Rhodes gives you a detailed overview of the Youth Criminal Justice Act, providing insight into what you need to watch out for when dealing with teens and young adults.
Dangerous Driving or Dangerous Defences? with Kyla Lee
Recorded: 3 June 2022, 75 minutes
Dangerous driving cases have numerous complexities. The substantive law is challenging to follow, evidentiary perils abound. In this seminar, Kyla Lee of Acumen Law in Vancouver, who specializes in defending accused persons charged with driving offences, helps you navigate the hurdles of a dangerous driving trial.
Challenging and Admitting Electronic Evidence, Peter Sankoff with Gerald Chan
Recorded: 6 May 2022, 91 minutes
Many of our rules of evidence date back decades if not centuries to a time when little, if anything, was recorded and stored. Back then, evidence was led almost exclusively through the viva voce testimony of witnesses drawing on imperfect memories. Now, criminal courts are flooded with text messages, videos, social media screen captures, cell tower records, and all sorts of other digitally recorded evidence. How can we ensure the courts remain relevant and accessible to parties seeking to adduce electronic evidence while also guarding against the danger of digitally manipulated data?
In this seminar, Peter Sankoff and Gerald Chan explore these questions and discuss the legal principles that counsel and the courts need to be aware of when dealing with electronic evidence, including hearsay, authentication, and the best evidence rule.
Bad Character Evidence and Direct Relevance
Recorded: 8 April 2022, 82 min
Most lawyers know about character evidence and how it can be admitted when it qualifies as similar fact evidence. More challenging are the times in which it can be admitted despite having no similarities whatsoever to the facts charged. The rules of “direct relevance” are challenging, and vary depending upon whether the accused testifies or does not. In this seminar, Professor Sankoff details everything you need to know about bad character evidence tendered against the accused that does not qualify as similar fact evidence.
Regulatory Searches and Inquiries with Professor Steven Penney
Recorded: 11 March 2022, 95 min
Professor Penney explores the complex Charter issues arising when law enforcement officials obtain evidence in the regulatory context. Topics covered include the criminal/regulatory distinction; expectations of privacy in regulatory domains; the reasonableness of regulatory searches; compulsory reporting; protection against self-incrimination; and use and derivative use immunity.
What Would You Do?: Ethical and Professional Dilemmas for Defence Lawyers
Recorded: 11 February 2022, 130 minutes
In this very practical seminar, two senior members of the Bar, Daniel Brown and Daniel Song are joined by Amy Salyzyn, a Professor of Law, who focuses on ethics to address a host of professional and ethical dilemmas faced by defence lawyers and answer the question: What would you do in this situation?
Crown Witnesses and Character Evidence
Recorded: 7 January 2022, 80 minutes
In this seminar, Professor Sankoff examines the rules governing the admission of character evidence adduced by the defence. Though bad character evidence tendered against the accused got most of the attention, there are important things to know about how character evidence could be used FOR the accused. This seminar examines when and how you can tender evidence about third party suspects, the victim or complainant and even the co-accused. It also considers how bad character can be adduced against a testifying witness.
The Most Important Cases of 2021 Every Criminal Litigator Should Know, with Steven Penney
Recorded: 10 December 2021, 85 minutes
To wrap up the year, Professors Penney and Sankoff join forces once again to examine the most important cases from the second half of 2021.
In this exciting and interactive seminar, the two Professors count down the cases you need to know about in order to excel in practice!
Litigation Privilege: A Primer
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.
Race and the Law of Evidence, with Professor David Tanovich
Recorded: 12 November 2021, 72 minutes
How does a person’s race impact the law of evidence? Professor David Tanovich has spent much of his career exploring this question, and believes that many defence lawyers miss the chance to object to evidence that has prejudicial qualities in cases with a defendant from a racial minority or Indigenous background. In this important seminar, he explores the way race impacts the law of evidence and discusses strategies for lawyers to use in objecting to evidence with these components.
Approved for 1 hr of EDI by the LSO
The Use of Statements in Direct and Cross-Examination
Recorded: 8 October 2021, 65 minutes
Almost every litigation case involves the use of statements to examine and cross-examine a witness. But there are a myriad of technical rules governing the use of such statements. In this interactive seminar, Professor Sankoff delves into the use of statements, and how they must be tendered to refresh memory, impeach a witness or be advanced for a substantive purpose. What is counsel’s role? When are statements tendered as an exhibit, and when do they have to be turned over to your adversary?
Section 276 after R v Goldfinch: How Are Applications Being Resolved?, with Deborah Hatch
Recorded: 10 September 2021, 85 minutes
The Supreme Court’s 2019 decision in R v Goldfinch signaled 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.
Traffic Stops with Steven Penney
Recorded: 16 July 2021, 89 minutes
Join Professor Penney for a detailed examination of how to address constitutional issues that arise in the area of traffic stops. This looks at the law on arbitrary detention and what the police have to do when cautioning a detainee. Professor Penney also considers how searches of cars ended up being resolved, and when evidence secured as a result is likely to be excluded.
Challenging a Search Warrant/ITO: Tips for a Better Charter Application, with Fady Mansour
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.
Top 10 Cases of 2020-21 for Civil Litigators, with Chris Wayland
Recorded: 28 May 2021, 81 minutes
In this seminar, Professor Sankoff goes over the Top Cases off 2020-21 for Civil Litigators with guest Christopher Wayland, with the Ministry of the Attorney General Ontario, Civil.
Top Cases from 2020-21 Every Criminal Trial Lawyer Should Know About
Recorded: 14 May 2021, 99 minutes
The boys are back, in a sequel to the MOST popular seminar of 2020. This time, Professors Sankoff and Penney once again look at the MOST important cases you need to know, spanning the time period since our last seminar of this type ). To keep it more time manageable, they keep this to their Top 6 cases, with 8 Short Snappers to start it off. Expect this seminar to once again be colourful, informative and lots of fun.
Making Sense of the Rule in Browne v. Dunn: A Practical Perspective
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.
Prepping for a Sexual Assault Trial, with Dino Bottos, K.C.
Recorded: 12 March 2021, 83 minutes
In this seminar for criminal defence lawyers, we are joined by the one of the country’s best: Dino Bottos, K.C., founder of Bottos Law Group. Dino has a long history of successfully defending those accused of sexual assault, and has worked on a number of landmark trials including the Bradley Barton case. It is a very practical seminar, including matters like deciding upon a trial strategy, meeting with the client, planning cross-examination, etc..
Solicitor Client Privilege (Part 2)
Recorded: 28 February 2021, 81 minutes
In another seminar geared towards civil litigators, I am looking at the most controversial aspect of solicitor client privilege: when it can be set aside. In particular, I examine the rules governing every type of waiver, as well as the few existing exceptions to the rule.
Don’t Say That Again! – Understanding and Addressing the Rule Against Prior Consistent Statements (Part 2)
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.
Solicitor Client Privilege (Part 1)
Recorded: 22 January 2021, 72 minutes
Our first seminar geared towards civil litigators, or those who practice mainly in that area, this seminar delves deep into the rule that still causes as much litigation as any other in the civil realm. Useful for all, it distinguishes between confidentiality and privilege, looks at what it means to “communicate for a legal purpose” and introduces the distinction between solicitor client privilege and litigation privilege.
Don’t Say That Again!- Understanding And Addressing the Rule Against Prior Consistent Statements (Part 1)
Recorded: 8 January 2021, 66 minutes
Most people think the hearsay rule is the most complex common law rule of evidence, but the rule against prior consistent statements is quickly making a strong case to take the crown. In this hour seminar, we look at the rule, its rationale and how to be able to spot a prior consistent statement. We also talk about jury charges and the theory of exceptions.
Detention after Le, with Steven Penney
Recorded: 11 December 2020, 83 minutes
Did the SCC’s decision in R v Le signal a new approach to “detention” under sections 9 and 10 of the Charter? In this seminar, Professor Penney explores the implications of Le, including the revised approach to determining when a “psychological” detention arises, the newfound importance of race, and the scope and limits of the investigative detention power. He also examines several contentious issues not addressed in Le, including pretextual roadside stops and the standard for conducting safety searches.
Improper Crown Cross Examination
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!
Communicating with Witnesses: Sorting Through the Law and the Ethical Rules
Recorded: 16 October 2020, 80 minutes
This seminar delves into the complex ethical and legal rules governing pre- and in-trial communication with witnesses. What are the dangers of speaking with potential witnesses prior to trial? What is the difference between “coaching” and “interfering” with witness testimony? Are there certain types of witnesses you cannot speak to? If you do choose to speak to a (potential) witness, what should you do to minimize the potential for difficulty down the road?
(accredited for 1 hour Professionalism content with the LSO)
What Trial Lawyers Need to Do to Preserve a Successful Appeal, with Jill Presser
Recorded: September 2020, 85 minutes
In this seminar, Professor Sankoff is joined by one of the country’s top appellate lawyers, Jill Presser, to talk about the criminal trial from the appellate lawyer’s perspective. It’s not often that trial lawyers think in terms of preserving an appeal, but we go through our top tips for what trial lawyers absolutely need to know if they’re going to have a 2nd shot at a trial that has gone awry.
Top 10 Cases from 2020
Recorded: September 2020, 102 minutes
In our first ever “tag team” seminar, Professors Sankoff and Penney pick out five cases each from 2020 that every criminal lawyer should know about. We talk about why each of the cases is important to your practice, and comment on their impact and correctness. Expect this interactive seminar to be different, useful and fun.
The Crown Won’t Call a Witness – Now What?
Recorded: August 2020, 79 minutes
Let’s assume that a key witness is needed to establish evidence in your case, but you want to cross-examine them. The Crown refuses to call the witness. What can you do? In this seminar, Professor Sankoff reviews all the options for this problematic but common scenario.
Consent and Honest Mistaken Belief in Consent: Let’s Get a Few Things Straight
Recorded: July 2020, 73 minutes
The law governing the mental and physical elements of sexual assault has become incredibly complex. In this seminar, Professor Sankoff sets out a framework for how to approach the element of consent and consider when a defence of honest mistaken belief in consent should be raised, and how to work through the complexities of the reasonable steps requirement.
Section 10(b) Advancing “Right to Counsel” Challenges: Recent Developments and Litigation Strategies, with Steven Penney
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.
Hearsay Definitions
Recorded: June 2020, 82 minutes
What is hearsay? When should you object to its admission? This most complex of the common law rules of evidence is made easy for you in this seminar.
Section 276 – Part 2 (Specific Applications/Constitutionality)
Recorded: June 2020, 91 minutes
The second part of Professor Sankoff’s seminar on section 276 focusses on understanding how the “twin myths” work (and what is not a twin myth) and the narrative evidence after Goldfinch.
Section 276 – Part I (Overview/Scope/Approach)
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.
Section 13 of the Charter: When Can Statements of the Accused be Adduced?
Recorded: May 2020, 66 minutes
This seminar addresses one of the most complex Charter protections in existence – section 13. It outlines the law, explains why section 13 continues to confuse lawyers and judges alike, and provides clear strategies to explain why your client should NOT be confronted with prior statements given under oath in most cases.
Collateral Facts: A Strategic Guide to the Rule
Recorded: May 2020, 53 minutes
This very practical seminar on the collateral fact rule explains how it works, why it exists, and how to get around it when required. This seminar even offers a way of arguing for a principled approach to the rule if you get a case where you really need the fact to be admitted.
Section 24(2): Current Trends, with Steven Penney
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 v Omar may herald a newfound reluctance to exclude.
Hearsay Exceptions: An Overview of the Law
Recorded: 7 April 2020, 85 minutes
In this seminar, Professor Sankoff looks at the principled approach to hearsay exceptions, explaining how this affects admissibility.
It includes detailed coverage of most of the major exceptions to the rule including spontaneous utterances, admissions, admissions against interest, business records and the residual exception.