Intersection of Family and Criminal Law

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Intersection of Family and Criminal Law
Jan 232017

Intersection of Family and Criminal Law

Criminal law matters have implications in family law matters, and vice versa: bail conditions may conflict with family orders, affidavit evidence in family proceedings can differ from information of record in criminal proceedings, and emotional social media posts arising from tense family matters can give rise to criminal considerations.

This March 11 (Calgary) and March 18 (Edmonton), join us for Intersection of Family and Criminal Law. Examine the intersection of these two areas of practice, and discover how to proactively consider the implications of each on the other.

About the Program

Join seminar chair Richard W. Rand QC and experienced panelists to discover strategies for managing family law files with criminal law components, and vice versa.

Review topics, including:

  • Preventing the Intersection of Family & Criminal Law,
  • The Criminal Law That Family Law Lawyers Need to Know,
  • Getting the Goods on the Other Side: Social Media as Evidence, and
  • Conversations Between Family & Criminal Lawyers.

In a recent interview, we spoke to program panelist Brian A. Vail QC about the upcoming program. Here’s what he had to say.

I have long said, “listen you criminal and civil lawyers, when you’re acting for a client, you can’t have tunnel vision.” You’ve got to be aware of related proceedings. A lot of criminal lawyers don’t know much about civil law, and vice versa, and they don’t want to. The fact is: your client is facing a multi-front war. They will be facing criminal proceedings on one side, and civil proceedings on the other. So, just as the allies did in WW2, you want to coordinate what you do on one front with what you do on the other.”

Sneak Preview

Brian told us a bit about his discussion topic, Getting the Goods on the Other Side: Social Media as Evidence. Here is a sneak preview of what you can look forward to in the first part of his presentation.

The first part I’ll speak about is social media in litigation, and that’s going to involve a number of things. I’m going to talk about civil law applications – like getting background information on litigants or witnesses, using that information to challenge a witness’s credibility, and how to get at the non-public portions of the subjects social networking site. I’ll talk about how you can use Facebook to serve people and about civil publication bans. I’m also going to talk about the fact that the court can take judicial notice about the facts that are on some websites, ethical issues including document production, and I’ll discuss the destruction of evidence.”

Brian also gave us the inside scoop on the second portion of his presentation.

The second portion of my presentation involves litigation from the criminal into the civil and vice versa. I’m going to talk about the fact that if there is a criminal proceeding that is related to a civil one, you cannot use or disclose the contents of that in any other civil action. You have to indicate “there is a crown disclosure package that I have possession of but I decline to produce or provide it for inspection absent permission of the other side or order of the court. I’ll also discuss how to get at a police file, how to get at the crown disclosure package, and the impact of a criminal verdict on a civil case. I’ll be looking at the Canadian Rights Against Self-Incrimination under the Charter and Evidence Act and the Alberta Evidence Act.”

When we asked Brian why he was excited about this program, he told us he was excited to finally share with all of the attendees, how he has found success as a litigator.

Too many lawyers are too insular when it comes to civil or criminal law. When I do a civil case, I look for every other case that the other litigant has been involved in and often, it is an absolute gold mine. What makes these files interesting to me is that there are four fronts, there is the police and the crown, the job action (maybe dismissal from the employer), civil action from the victims, and professional misconduct proceedings. That makes it fun.”

Register Online

Don’t miss the opportunity to explore the interplay between criminal and family law. Register to attend the Intersection of Family and Criminal Law program in Calgary (March 11) or in Edmonton (March 18).

Register on or before February 7, 2017 to take advantage of our Early Bird pricing.

Evidence Law Refresher – Access the Seminar on Demand

 LESA Update, Resource, Seminars On Demand  Comments Off on Evidence Law Refresher – Access the Seminar on Demand
Feb 022015

UPDATE: This seminar occurred in the past, and the seminar materials are now available.
• LESA Library subscribers can already access course materials through the LESA Library.
• You can purchase the seminar on demand to stream videos of speaker presentations and download course materials as PDFs.
• Alternatively you can purchase course materials a la carte (search domestic contracts).
• You can also view the list of upcoming seminars to discover live programs that are available now.

If you practice in the area of civil litigation and missed LESA’s Evidence Law Refresher seminar, you’re in luck: this program is available as a seminar on demand!

By purchasing the seminar on demand, you’ll be able to download course materials and stream video recordings of the seminar speakers presenting on their topics.

This informative resource addresses the most pressing, vexing, and puzzling issues in civil evidence today:

  •   Introducing Documentary Evidence
  •   Experts
  •   Evidence in Judicial Review
  •   Witnesses
  •   The Rule in Browne v. Dunn
  •   Evidence Not Called
  •   Criminal or Civil Disclosure Used in Unrelated Litigation
  •   35 Ways to Prove a Fact
  •   Hearsay
  •   Hearsay Information in Affidavits

But don’t take our word on how valuable this seminar on demand is. Here’s a sample of what attendees at the live seminar had to say about it:

Excellent and relevant substantive content and very knowledgeable and impressive speakers”
“This was relevant and accessible for all levels of practitioners”
“Great refresher”
“This was an extremely useful seminar”

Purchase this seminar on demand now and access the materials time and again when and where it’s convenient for you. That’s the beauty of a seminar on demand.

Happy viewing!

Did you know other seminars on demand, such a Written Advocacy – Preparing Persuasive Documents and iPad for Lawyers, are also available? Check out our online courses webpage for a complete listing of available seminars on demand.

47th Annual Refresher: Honorary Chair Justice Peter Michalyshyn Talks About Civil Litigation

 LESA Update  Comments Off on 47th Annual Refresher: Honorary Chair Justice Peter Michalyshyn Talks About Civil Litigation
Jan 232014

Justice Peter B. Michalyshyn

UPDATE: This seminar occurred in the past, and the seminar materials are now available. You can use the LESA Library to access course materials or purchase course materials a la carte. Alternatively, you can view the complete list of upcoming seminars to discover live programs that are available now.

The Honorary Chair of LESA’s upcoming 47th Annual Refresher is Justice Peter Michalyshyn of the Court of Queen’s Bench in Edmonton.

The focus of the 47th Annual Refresher, entitled “Suits & Disputes,” is civil litigation.  It’s an area of law in which Justice Michalyshyn specialized for more than 15 years after first practicing for five years in criminal, then constitutional law.

After university and a brief career as a journalist in the early 1980s, Justice Michalyshyn entered law school at the University of Alberta in 1985 and was called to the bar in 1989. In March 2011, he was appointed to the Court of Queen’s Bench.

In spite of a busy court schedule, Justice Michalyshyn readily agreed to help stage the 47th Annual Refresher.

“I see the Annual Refresher first as a learning opportunity,” he said, “but also as a chance to connect or re-connect with civil litigators across the province.”

“As judges and even more as lawyers, we have fewer opportunities these days to gather and learn and to talk to each other in non-partisan settings.”

The underlying theme of the Refresher was set up in meetings with LESA staff and the six Sessional Chairs of the Refresher: Hon. Justice Frans Slatter; Jim Rose, QC; Sandy MacKay QC; Ivan Derer QC.; Perry Mack QC; and Connie Taylor QC. Together the group recruited another 16 distinguished faculty members.

“As we brainstormed the sessions for the Refresher,” Justice Michalyshyn said, “one underlying theme emerged: how has civil litigation changed in, say, the last 20 years?  How are we as lawyers dealing with our clients’ problems?  How are we dealing with the courts?  How are we dealing with each other?”

No one disagreed, Justice Michalyshyn recalled, that there’s been significant change.  And not all agreed it was change for the better.

“And if it’s not been for the better,” he noted, “then what should or can we as lawyers, and for our clients, and for that matter as judges, do about it?”

The ‘change’ theme, while intended to run through the Refresher sessions, is not meant to take away from the practical and substantive content offered in the three-day program April 27-29, 2014 – actually four days if one includes the “Running Your First Questioning” seminar on Saturday, April 26, 2014, aimed at lawyers with fewer years in practice.

The April 27-29 Refresher program begins with a Keynote session with distinguished lawyer/commentator Jordan Furlong on the Changing Economics of the Practice of Law, and includes sessions on ADR, Current Developments in Civil Litigation, Evidence and Experts, “Moving the File Along”, and Appellate and Chambers Advocacy.

“On the whole we think we’ve put together a program that will interest and benefit civil litigators in all areas of practice” said Justice Michalyshyn.

“And of course we’re doing it in one of the most beautiful settings in Alberta” he said. “And at a perfect time of year for lawyers to take part of a week-end and just a couple of days of the week away from the office, for a change, if not a rest.”

“But we’re not doing this to book lawyers a vacation” Justice Michalyshyn noted.  Indeed, the Refresher includes no ‘built-in’ time for golf or hiking or the like.

“We’re confident civil litigators will attend the Refresher because they want take-away value on substantive and practical topics. And at the same time we’re hoping they’ll use this as an opportunity they seldom have to connect, or re-connect with each other, which is never a bad thing.”

LESA is grateful for the involvement of Justice Michalyshyn, together with the six sessional chairs and 16 faculty members who have donated their time to make the 47th Annual Refresher possible.

Learn more about the 47th Annual Refresher.