Court of Queen’s Bench of Alberta: Sexual Assault Trials and Chambers 101 (2020)

Overview

This seminar focused on the fundamentals in two areas: judging sexual assault trials and managing morning chambers. The program was intended for judges appointed within the last five years.

Objectives

The program provided judges with the substantive law relevant to sexual assault trials, the social context of sexual assault and judicial skills useful in judging sexual assault trials. It equally provided newer judges with practical knowledge and skills related to running morning chambers. In both areas, it provided an opportunity to discuss the knowledge and skills with their colleagues and experienced members of the court.

Summary

In the first part of this seminar, senior judges from the court and legal academics guided the participants through topics surrounding the context, law and skills involved in sexual assault trials. Sessions dealt with the history and context of sexual assault law, the law on consent and mistaken belief in communicated consent, the production and admissibility of records, the admissibility and relevance of other sexual history evidence, and issues arising in managing the courtroom and cross-examination. In the second part of the seminar, sessions dealt with practical skills for managing morning chambers, crafting orders, and determining cost awards.

These sessions were complemented by small group discussions where participants had the opportunity to consider how to best apply the relevant knowledge and skills in the context of hypothetical fact scenarios. Designed to complement the national training provided by the New Federally Appointed Judges Seminars and the court’s bi-annual education seminars, this one-day program provided participants with additional information on judicial skills and procedural and administrative issues.