This recording of our National Conference session reviews current and trending topics with respect to the ethical and professional responsibility of Crown lawyers in both criminal and civil contexts, including obligations arising under the LSUC Rules of Professional Conduct.
9:30 – 10:00 – Crown Discretion, Crown Oversight, Independence of Crown Counsel and Agents of the Attorney General
Murray Segal, former Deputy Attorney General of Ontario and Howard Leibovich, Director, Crown Law Office – Criminal
This panel reviews the special obligations of Crown lawyers and their agents with respect to how they exercise their discretion, oversight and independence. Cases such as R. v. Nixon, 2011 SCC 34 and R. v. Cook,  1 S.C.R. 1113 are discussed, as well as the recent Rehtaeh Parsons report from Nova Scotia, in light of lessons learned by two very experienced former and current Crown counsel.
10:00 – 10:30 – Solicitor Client Privilege in the Crown Context after Rutigliano
Scott C. Hutchison, Henein Hutchison LLP and Benita Wassenaar, Ministry of the Attorney General (Ontario)
The unique scope of solicitor-client privilege between Crown lawyers and their ‘clients’, such as police officers, is canvassed in light of the recent Ontario Court of Appeal case in R. v. Rutigliano, 2015 ONCA 452. How is Crown solicitor-client privilege waived and what exceptions is it subject to? Can the privilege be abrogated to permit the defence to prove abuse of process?
10:45 – 11:00 – Crown Discretion and Youth Criminal Justice
Brock Jones, Ministry of the Attorney General (Ontario)
Special principles apply to the exercise of Crown discretion in the youth criminal justice context. What factors must Crown lawyers consider at the various stages of the criminal process when dealing with young accused?
11:00 – 11:30 – Disclosure, Third Party Records, and the Crown’s Duty to Inquire after Quesnelle
Susan Reid, Ministry of the Attorney General (Ontario) and Megan Savard, Addario Law
Disclosure obligations are relatively straightforward when it comes to material held by the prosecuting Crown. How do these obligations differ when it comes to records in the hands of other government agencies in light of the recent Supreme Court of Canada case in R. v. Quesnelle, 2014 SCC 46? What implications does this decision have on the Crown’s duty to inquire?
11:30 – 12:00 – Suing under the Charter: A Discussion of Henry
Matthew Horner, Ministry of the Attorney General (Ontario) and Nader Hasan, Stockwoods LLP
The recent case of Henry v. British Columbia (Attorney General),2015 SCC 24, sets out the framework for when an individual may sue the Crown for Charter damages in civil proceedings. What does the case mean for the development of Charter damages jurisprudence generally? Are Charter damages a viable recourse for the wrongfully convicted? What does Henry mean for how Crown prosecutors should conduct themselves in the future?
Video length: 2 hours and 15 minutes (1 hour and 45 minutes of Professionalism Content and 30 minutes of Substantive Content accredited by the Law Society of Upper Canada)