The Osgoode Certificate in Provincial Offences Court Practice

Transcription

1 This one-of-a-kind program is taught by an expert faculty of judges, lawyers and paralegals The Osgoode Certificate in Provincial Offences Court Practice An intensive, hands-on program that will give you the knowledge and practical skills you need for effective POA advocacy Special workshops on police cross-examinations & sentencing submissions November 2015 March Modules over 5 Months Toronto, Canada A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING

2 Program Details Dates Module 1 Provincial Offences Court: A Comprehensive Overview November 14, 2015 (Available for individual purchase) Module 2 Evidence in POA Matters December 5, 2015 Module 3 The Charter And POA Prosecutions January 16, 2016 Module 4 The Trial, Sentencing And Appeals February 20, 2016 (Available for individual purchase) Module 5 Intensive Advocacy Workshops March 5, 2016 (In-person attendance only) The program will be held at Osgoode Professional Development s Downtown Toronto Conference Centre. Do you have the practical knowledge and skills you need to be an effective POA advocate? With over a million charges being laid annually under provincial statutes and municipal bylaws, provincial offences are one of the highest volume types of cases heard in the province s courts. As someone whose practice includes POA fi les, you need to be able to adeptly manage the broad range of challenging situations that arise before, during and after a hearing. Whether it s knowing what to look for when reviewing disclosure, negotiating at the pre-trial stage, or advancing your case at trial or on appeal, your client s success at every stage depends upon your ability to navigate the law and procedure while at the same being an effective advocate. Using a sample case fi le, the Osgoode Certificate in Provincial Offences Court Practice drills down on the key stages in a POA fi le from meeting your client for the fi rst time, conducting the trial, and making submissions on sentencing, to understanding if and how to appeal a decision. Led by The Hon. Justice Rick Libman, this program is must-attend for paralegals and lawyers practicing in the Provincial Offences Court. Throughout fi ve intensive modules (spread over fi ve months), an expert faculty will provide you with a comprehensive overview of the relevant law and a unique opportunity to hone your written and oral advocacy skills with learn-by-doing exercises and individualized feedback from judges, justices of the peace and senior legal practitioners. Reserve your place now to take advantage of this unique learning opportunity while earning your full CPD requirements for both 2015 and In this practical, hands-on program, you will learn: The statutory framework that governs provincial offences Role, duties, and professional responsibilities of the POA practitioner Strategies for getting the most out of the pre-trial Disclosure: when to ask for it, what to look for and how to identify what s missing Charter applications in POA court (including a workshop in how to draft an effective Charter application) Effective oral advocacy in POA court: how to prepare for the examination-in-chief key strategies for cross-examining the prosecution s witness refining sentencing submissions Appeals the law and the strategies Who Should Attend Paralegals Lawyers Paralegal Educators Can t attend the full program in person? Webcast is available for Modules 1-4

3 THE OSGOODE CERTIFICATE IN PROVINCIAL OFFENCES COURT PRACTICE THE CURRICULUM This program is designed for both paralegals and lawyers whose work includes matters in the Provincial Offences Court. Over five intensive, one-day modules, classes are taught using a blended-delivery method that includes lectures, case studies and class discussion. There will be a heavy emphasis on practical skills, particularly in the fifth module of the course. MODULE 1 Saturday, November 14, 2015, 9:00 a.m. 4:30 p.m. MODULE 2 Saturday, December 5, 2015, 9:00 a.m. - 4:00 p.m. Provincial Offences Court: A Comprehensive Overview* Overview of the Statutory Framework and the Court s Jurisdiction Legislative framework: a review of the Provincial Offences Act (rules and procedure) The modernization of the POA and proposals for reform (including sentencing reform and administrative monetary penalties) Recent legislative developments - The Good Government Act major changes and implications Preliminary Issues Putting Your Best Foot Forward Critical Issues in the First Client Meeting: - Finalizing your retainer - Managing client expectations at an early stage - Obtaining proper instructions - Developing a strategic defence plan - Securing and reviewing initial disclosure - Best practices for avoiding conflicts - Ensuring you do not act contrary to your client s instructions The Pre-Trial Phase Planning and preparing for the pre-trial Discussing early resolution with your client Preliminary motions assessing if, what, when and how Daniel Foster, Educational Consultant, Director of Legal Studies Metro College of Technology Dale E. Ives, Barrister & Solicitor Adam Little, Frederick S. Fedorsen Professional Corporation Sheilagh Stewart, Counsel, Criminal Law Division, Ministry of the Attorney General (Ontario) Evidence in POA Matters* Review of common types of evidence in Provincial Offences Court (emphasis on Highway Traffi c Act proceedings) Overview of the most critical evidentiary issues: hearsay, electronic evidence, privileged information, etc. Experts: how to assess whether to use expert evidence and strategies to make the most out of your expert witness Good Evidence, Bad Evidence - Using a variety of case scenarios, judges and experienced counsel will lead the group in an interactive discussion on the issues and circumstances related to admissibility of evidence. Dissecting Disclosure a Case Study - Prior to the module date, all participants will receive a sample set of disclosure pertaining to a POA matter. In this session, faculty will conduct a detailed review of the disclosure, addressing the key components and how they can be relied upon to advance your case. The discussion will also address how to identify outstanding information and strategies about how to obtain what you need. Jessyca Greenwood, Greenwood Defence Law His Worship Justice of the Peace Gerry Manno, Ontario Court of Justice Serhiy Senatorov, Traffic Law Paralegal Services MODULE 3 Saturday, January 16, 2016, 9:00 a.m. - 4:30 p.m. The Charter And POA Prosecutions* Overview of the key sections of the Charter and their application in Provincial Offences Court Disclosure and delay bringing an 11(b) application Review of Charter claims and available remedies (exclusion of evidence) A study of the leading Charter cases and their effect on POA court Written Advocacy Workshop: Drafting an Effective Charter Application Prior to the module, participants will be provided with a fact scenario which they will use to draft a Charter application (to be submitted Register online today at

4 for review before the start of Module 3). Working in small groups, facilitators will discuss the principles of effective written advocacy, and provide participants with individualized feedback on their applications. Gerald Chan, Stockwoods LLP The Hon. Justice Sheila Ray, Richard Stern, Barrister & Solicitor MODULE 4 The Trial, Sentencing And Appeals* Saturday, February 20, 2016, 9:00 a.m. - 4:15 p.m. Preparing for the Trial - How to prepare your client and witnesses - Strategies on pre-trial negotiations with the prosecutor - Preparing the examination-in-chief of any of your witnesses and preparing for the cross-examination of the prosecutor s witnesses recognizing the importance and significant of each witness and knowing which questions to ask The POA Trial - Opening statements and closing submissions - Tips on effective advocacy when examining witnesses Guilty pleas and sentencing - Plea comprehension inquiry getting instructions from your client and ensuring it is a proper plea - Sentencing objectives/principles - Effective advocacy at the sentencing stage - Appeals proper grounds and knowing when to appeal Emily Lam, Rosen Naster LLP Diana Lumba, Edward H. Royle & Associates Stephen Parker, President, Ontario Paralegal Association Ooma Wendy Ramroop, Provincial Prosecutor, Ministry of the Attorney General (Ontario) The Hon. Justice Sheila Ray, MODULE 5 Intensive Advocacy Workshop* Saturday, March 5, 2016, 9:00 a.m. - 4:30 p.m. For the final module, registrants will break into small groups and work with expert facilitators to practice and hone their oral advocacy skills. Facilitators will include judges, justices of the peace and legal practitioners. These skills-based workshops will focus on two key areas of POA advocacy: cross-examinations and sentencing submissions. Workshop 1: Cross-Examination of a Police Officer The session will start with a video demonstration of an examination-inchief of an officer, performed by an experienced prosecutor and a former police officer. After a discussion of the demonstration, participants will split into small groups, and will have the opportunity to conduct a crossexamination of an officer. Participants will receive individualized feedback from the expert facilitator. Workshop 2: Sentencing Submissions In this second learn-by-doing workshop, participants will draft and deliver submissions on sentencing. Participants will then receive individualized feedback on their submissions from the expert facilitator. The Hon. Justice Steve Coroza, Superior Court of Justice (Ontario) Jessyca Greenwood, Greenwood Defence Law Emily Lam, Rosen Naster LLP Paula Liu, City Prosecutor, City of Toronto Diana Lumba, Edward H. Royle & Associates Robert Graham Montrose, Detective/Sergeant, Metro Toronto Police Force (retired) His Worship Justice of the Peace Richard Quon, Ooma Wendy Ramroop, Provincial Prosecutor, Ministry of the Attorney General (Ontario) The Hon. Justice Sheila Ray, Her Worship Justice of the Peace Christine Smythe, Ontario Court of Justice Richard Stern, Barrister & Solicitor *NOTE: In person attendance is required for this module. Earn an Osgoode Certificate! A multiple choice, take home exam will be distributed at the end of Module 5. Participants must attend all modules and successfully complete the exam to receive the Osgoode Certificate. Modules 1 and 4 can be purchased as individual sessions. Check osgoodepd.ca for details. Osgoode Professional Development, 2015 Register online today at

5 The Osgoode Certificate in Provincial Offences Court Practice draws on the expertise of an outstanding faculty of judges, educators, paralegals and lawyers, including: PROGRAM DIRECTOR Gerald Chan Stockwoods LLP The Hon. Justice Steve Coroza Superior Court of Justice (Ontario) Daniel Foster Education Consultant, Director of Legal Studies, Metro College of Technology Jessyca Greenwood Greenwood Defence Law Dale E. Ives Barrister & Solicitor Emily Lam Rosen Naster LLP The Hon. Justice Rick Libman Adam Little Frederick S. Fedorsen Professional Corporation Diana Lumba Edward H. Royle & Associates His Worship Justice of the Peace Gerry Manno, Robert Graham Montrose Detective/Sergeant, Metro Toronto Police Force (retired) Stephen Parker President, Ontario Paralegals Association His Worship Justice of the Peace Richard Quon, Ooma Wendy Ramroop Provincial Prosecutor, Ministry of the Attorney General (Ontario) The Hon. Justice Sheila Ray Serhiy Senatorov Traffi c Law Legal Services Her Worship Justice of the Peace Christine Smythe, Ontario Court of Justice Richard Stern Barrister & Solicitor Sheilagh Stewart Counsel, Criminal Law Division Ministry of the Attorney General (Ontario) The Hon. Justice Rick Libman ADVISORY BOARD The Hon. Justice Sheila Ray Sheilagh Stewart Counsel, Criminal Law Division Ministry of the Attorney General (Ontario) Cathy Corsetti Chair Paralegal Benchers, Law Society of Upper Canada; Corsetti Paralegal Professional Corporation & Associates Marian Lippa Paralegal and Bencher, Law Society of Upper Canada; Member, Paralegal Standing Committee and Professional Development and Competency Committee Here s what participants said about past Osgoode programs on POA matters: Excellent series for both paralegals and lawyers alike. Elizabeth Strutt-Macleod, Coordinator, Paralegal and Community & Justice Services, St. Clair College Surpassed all of my expectations! The speakers had an incredible amount of combined experience. Tracey Gauley, Johnstone & Cowling LLP I feel more competent taking this course. Impressed with the undertaking of the caliber and expertise assembled. Robert Wheeler, Paralegal This was an excellent program provided by well qualified professionals who provided an advanced view of practice in POA, LLT & SCC. Laurie Marshall, Paralegal Register online today at

6 THE OSGOODE CERTIFICATE IN PROVINCIAL OFFENCES COURT PRACTICE 2015/2016 I will attend: Modules on-site Name: Firm/Company: Modules 1-4 by webcast (single viewer) & Module 5 on-site Title: Practice Area: Address: City: Province: Postal Code: Telephone: Fax: Priority Service Code: O L Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by , indicate here. Fee Per Delegate CPD Credits Certificate program (5 Modules): $2,495 plus HST Fees include attendance, program materials, continental breakfast, lunch and refreshments for all 5 days of the certifi cate. The price does not include accommodations. Please inquire about group discounts and fi nancial assistance. Dress is business casual. Payment Options Payment must be made prior to the program Cheque enclosed (payable to York University GST# R ) Bill my credit card: VISA Mastercard Card# OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. Eligible CPD/MCLE hours: LSUC (ON) CPD: 2015 Module 1: 6.75 CPD Hours (3.0 Professionalism; 3.75 Substantive) Module 2: 6.0 CPD Hours (0.5 Professionalism; 5.5 Substantive) 2016 Module 3: 6.75 CPD Hours (1.0 Professionalism; 5.75 Substantive) Module 4: 6.5 CPD Hours (2.0 Professionalism; 4.5 Substantive) Module 5: 6.5 CPD Hours (0.5 Professionalism; 6.0 Substantive) OsgoodePD programs are eligible for CPD/MCLE credits in other Canadian and US jurisdictions. To inquire about credit eligibility, please contact cpd@osgoode.yorku.ca. Expiry: Signature: Payment Amount: Cancellations/Rainchecks/Substitutions If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after that date will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withrawal after the program start date will incur a full program fee. Payment must be received by 14 days before the program start date. Location Osgoode Professional Development, Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor, Toronto, ON, M5G 1Z3 Certificate of Program Completion You will receive the Osgoode Certificate upon completion of the program. Participants must attend all 5 modules and pass the take-home examination in order to receive the Osgoode Certificate. Please note that modules 1-4 may be completed in person or by webcast. However, all registrants must attend module 5 in person. For Further Program Related Information Please contact: Stéphane McRoberts, Program Lawyer, at or smcroberts@osgoode.yorku.ca Program Changes We will make every effort to present the certifi cate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School s liability is limited to reimbursement of paid fees. Public CLE Seminars Customized CLE Programs Skills Training & Certifi cation ITAW Professional LLM 4 Convenient Ways to Register 1. MAIL your registration form to: Osgoode Professional Development Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor Toronto, ON M5G 1Z3 2. ONLINE at 3. FAX your registration to CALL US at or