Expert Forensic Evidence in Criminal Proceedings

Faculty Agenda Download Brochure PDF

This OsgoodePD and Centre for Forensic Science & Medicine University of Toronto symposium examines the latest developments in several key areas of forensic science and explores challenges and best practices in presenting and examining forensic evidence in the criminal justice process.

Join our faculty of medical and legal experts together with participants from across the full spectrum of criminal justice and forensic science for a high level discussion about current and emerging issues in the complex field of forensic evidence.

Now in it’s 3rd year, this program was developed to provide interdisciplinary education aimed at ensuring the highest quality of forensic evidence and effective advocacy in challenging that evidence.

Expert Forensic Evidence in Criminal Proceedings is a must-attend program for forensic experts, judges, Crown and defence lawyers and law enforcement professionals.

Faculty

Chairs

• Michael S. Pollanen MD, Ph.D, FRCPath, DMJ (Path), FRCPC Founder, Forensic Pathology Chief Forensic Pathologist of Ontario Professor, Department of Laboratory Medicine & Pathobiology, University of Toronto
• Mark Sandler
  Barrister & Solicitor, Cooper, Sandler, Shime & Bergman LLP Toronto, Special Counsel, Criminal Law, Goudge Inquiry

Keynote Speaker

• James Lockyer, Lockyer Campbell Posner Barristers and Solicitors

Faculty

• Kristopher S. Cunningham, MD, Ph.D, Forensic and Cardiovascular Pathologist
• Michal Fairburn, Stockwoods LLP Barristers
• John R. Fernandes, MDCM, FRCSC, FRCPC, Founder Designation in Forensic Pathology, Medical Director of the Regional Forensic Pathology Unit, Forensic Pathology Programme Director and Associate Professor, McMaster University and Hamilton Health Sciences
• Robin Flumerfelt, Crown Counsel, Ministry of the Attorney General (Ontario) Crown Law Office – Criminal
• Dr. Kathy Gruspier, Ph.D, J..D, Forensic Anthropologist Associate Professor, Laboratory Medicine and Pathobiology, Ontario Forensic Pathology Service
• Marie Henein, Henein Hutchison LLP
• Scott C. Hutchison, Henein Hutchison LLP
• Charis Kepron, MD, MSc, FRCPC, Forensic Pathologist, Eastern Ontario Forensic Pathology Unit, Ontario Forensic Pathology Service
• Jeffery R. Manishen, Ross & McBride LLP
• Toby H. Rose, MD, FRCPC, Deputy Chief Forensic Pathologist, Ontario Forensic Pathology Service
• Michelle Shouldice, MEd, MD, FRCPC, FAAP, Head, Division of Paediatric Medicine, Associate Professor of Paediatrics, University of Toronto, Hospital for Sick Children
• Anthony Tessarolo, Director, Centre of Forensic Sciences

Agenda

• Expert Forensic Evidence in Criminal Proceedings

  Original Date: January 16, 2015

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  • 8:15 am
    Registration and Continental Breakfast
  • 9:00 am
    Welcome and Introduction
  • 9:05 am
    New Developments in the Jurisprudence on Expert Testimony

    Michal Fairburn, Stockwoods LLP Barristers (Moderator)
    Jeffrey R. Manishen, Ross & McBride LLP

    • A review and commentary of notable decisions following the seminal case of R. v. Abbey, 2009 ONCA 624 and the recommendations of the Goudge Report 2008
    • The continuing tension between admissibility and weight: when should “biased” evidence be excluded
  • 10:00 am
    New Developments in Forensic Pathology as a Prototype for Other Forensic Disciplines

    Michael S. Pollanen, MD, Ph.D, FRCPath, DMJ (Path), FRCPC Founder, Forensic Pathology, Chief Forensic Pathologist of Ontario Professor, Department of Laboratory Medicine & Pathobiology, University of Toronto (Moderator)
    Kristopher S. Cunningham MD, Ph.D, Forensic and Cardiovascular Pathologist
    Charis Kepron MD, MSc, FRCPC, Forensic Pathologist Eastern Ontario Forensic Pathology Unit, Ontario Forensic Pathology Service
    John R. Fernandes MDCM, FRCSC, FRCPC, Founder Designation in Forensic Pathology, Medical Director of the Regional Forensic Pathology Unit, Forensic Pathology Programme Director and Associate Professor, McMaster University and Hamilton Health Sciences

    • What constitutes ‘science’?
    • Is scientific knowledge more reliable than other types of knowledge?
    • What is the scientific method and how does it apply to court cases?
    • How can forensic pathology be a prototype of science in the courts?

    Note: A 15 minute break will be taken during this session.

  • 11:15 am
    Distinguishing Between Science and Pseudo Science?

    Michelle Shouldice, MEd, MD, FRCPC, FAAP, Head, Division of Paediatric Medicine, Associate Professor of Paediatrics, University of Toronto, Hospital for Sick Children
    Dr. Kathy Gruspier Ph.D, J.D., Forensic Anthropologist Associate Professor, Laboratory Medicine and Pathobiology, Ontario Forensic Pathology Service
    Anthony Tessarolo, Director, Centre of Forensic Sciences

    • When does novel science or expertise meet basic reliability criteria?
    • What traditional areas of expertise should be re-evaluated?
    • What are the new “sciences” and how do they withstand scrutiny?
    • Digital forensic imaging (facial recognition)
    • Arson investigations revisited
    • Gait analysis
    • When are injuries child abuse?
  • 12:15 pm
    Luncheon
  • 1:00 pm
    Keynote Address

    A Case Study: How Forensic Science Came to the Rescue

    James Lockyer, Lockyer Campbell Posner, Barristers and Solicitors

  • 1:45 pm
    Issues in Obtaining an Expert’s Opinion: To Draft or Not to Draft and Other Dilemmas

    Moderator
    Mark J. Sandler, Cooper, Sandler, Shime & Bergman LLP, Toronto, Special Counsel, Criminal Law, Goudge Inquiry
    
    Panelists
    Scott C. Hutchison, Henein Hutchison LLP
    Robin Flumerfelt, Crown Counsel, Ministry of the Attorney General (Ontario) Crown Law Office- Criminal
    Toby H. Rose, M.D., FRCPC, Deputy Chief Forensic Pathologist, Ontario Forensic Pathology Service

    • Should experts provide counsel with draft reports?
    • What role should counsel play in finalizing a report?
    • When should reciprocal disclosure take place?
    • What materials should not be provided to experts?
    • Obtaining multiple experts to obtain favourable reports; What must be disclosed to the new expert and to anyone else involved in the proceedings
  • 2:45 pm
    Refreshment Break
  • 3:00 pm
    Ethics and Professional Responsibility Issues with Expert Evidence

    Michal Fairburn, Stockwoods LLP Barristers (Moderator)
    Marie Henein, Henein Hutchison LLP
    Michelle Shouldice, MEd, MD, FRCPC, FAAP, Head, Division of Paediatric Medicine, Associate Professor of Paediatrics, University of Toronto, Hospital for Sick Children

    • Understanding the expert’s obligations when meeting with opposing counsel; What is confidential and what can be revealed to retaining counsel about the meeting?
    • Obligations on counsel to correct overstatements by the expert
    • Eliciting evidence beyond the expert’s expertise
    • Balancing the tension between truth seeking and the professional duty to one’s client
    • The permissible scope of cross-examination when one’s own expert agrees with the opinions expressed
  • 4:00 pm
    Program Concludes

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.